[Congressional Record Volume 144, Number 23 (Monday, March 9, 1998)]
[Senate]
[Pages S1570-S1655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1998

                                 ______
                                 

                   COLLINS AMENDMENTS NOS. 1730-1732

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

                           Amendment No. 1730

       At the appropriate place, insert the following:

     SEC. 18____. FUNDING TRANSFER.

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


                           Amendment No. 1731

       On page 106, line 15, strike ``$70,000,000'' and insert 
     ``$75,000,000''.
       On page 107, line 3, insert ``(including projects using 
     structures made from wood fiber reinforced plastic hybrid 
     composites)'' after ``bridge''.
       On page 107, line 6, insert ``(including projects using 
     structures made from wood fiber reinforced plastic hybrid 
     composites)'' after ``bridge''.
       On page 123, line 25, strike ``may'' and insert ``shall''.
       On page 124, line 22, insert ``(including reconstruction 
     through use of structures made from wood fiber reinforced 
     plastic hybrid composites)'' after ``reconstruct''.
                                                                    ____


                           Amendment No. 1732

       On page 320, line 8, insert ``, including technology 
     relating to wood fiber reinforced plastic hybrid composites'' 
     before the semicolon.
       On page 343, line 22, insert ``(including technologies that 
     rely on wood fiber reinforced plastic hybrid composites)'' 
     after ``corrosion''.
       On page 346, strike lines 15 through 18 and insert the 
     following:
     $10,000,000 for fiscal year 1998, $14,000,000 for fiscal year 
     1999, $18,000,000 for fiscal year 2000, and $20,000,000 for 
     each of fiscal years 2001 through 2003.
       On page 368, line 11, strike ``and''.
       On page 368, line 14, strike the period and insert ``; 
     and''.
       On page 368, between lines 14 and 15, insert the following:
       ``(4) the implementation of bridge structures made from 
     wood fiber reinforced plastic hybrid composites.
       On page 369, line 1, strike ``$50,000,000'' and insert 
     ``$60,000,000''.
       On page 370, line 19, insert ``, including structures made 
     from wood fiber reinforced plastic hybrid composites'' after 
     ``applications''.
       On page 373, strike lines 9 through 14 and insert the 
     following:
       ``(i) $15,000,000 for fiscal year 1998;
       ``(ii) $25,000,000 for fiscal year 1999;
       ``(iii) $30,000,000 for fiscal year 2000; and
       ``(iv) $35,000,000 for each of fiscal years 2001 through 
     2003.
                                 ______
                                 

                       GORTON AMENDMENT NO. 1733

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

       On page 99, line 22, strike ``and''.
       On page 99, between lines 22 and 23, insert the following:
       (J) the level of traffic delays at at-grade highway 
     crossings of major rail lines in the trade corridor for which 
     application for the grant is made; and
       On page 99, line 23, strike ``(J)'' and insert ``(K)''.
       On page 101, between lines 9 and 10, insert the following:
       (C) Infrastructure construction.--
       (i) In general.--For each fiscal year, not less than 25 
     percent of the amounts made available under paragraph (5) 
     shall be used to make grants to improve transport and 
     supporting infrastructure, and construct new infrastructure, 
     in trade corridors experiencing serious delays in the 
     movement of people and goods.
       (ii) Consideration of cost-effectiveness.--In selecting 
     States, metropolitan planning organizations, and projects to 
     receive infrastructure construction grants under this 
     subparagraph, the Secretary shall consider the cost-
     effectiveness of the proposed construction, including--

       (I) the volume of commercial and noncommercial highway and 
     rail traffic that would benefit from the construction;
       (II) the speed with which the grant recipient would 
     commence the construction; and
       (III) the level of matching funds available for the 
     construction from State, local, and private sources.

       On page 101, strike lines 21 through 24 and insert the 
     following:
       (5) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $125,000,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
                                 ______
                                 

                        BOND AMENDMENT NO. 1734

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

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

     SEC. 18____. SENSE OF SENATE CONCERNING THE OPERATION OF 
                   LONGER COMBINATION VEHICLES.

       (a) Findings.--Congress finds that--
       (1) section 127(d) of title 23, United States Code, 
     contains a prohibition that took effect on June 1, 1991, 
     concerning the operation of certain longer combination 
     vehicles, including certain double-trailer and triple-trailer 
     trucks;
       (2) reports on the results of recent studies conducted by 
     the Federal Government describe, with respect to longer 
     combination vehicles--
       (A) problems with the adequacy of rearward amplification 
     braking;
       (C) the difficulty in making lane changes; and
       (D) speed differentials that occur while climbing or 
     accelerating; and
       (3) surveys of individuals in the United States demonstrate 
     that an overwhelming majority of residents of the United 
     States oppose the expanded use of longer combination 
     vehicles.
       (b) Longer Combination Vehicle Defined.--In this section, 
     the term ``longer combination vehicle'' has the meaning given 
     that term in section 127(d)(4) of title 23, United States 
     Code.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the prohibitions and restrictions under section 127(d) 
     of title 23, United States Code, as in effect on the date of 
     enactment of this Act, should not be amended so as to result 
     in any less restrictive prohibition or restriction.
                                 ______
                                 

                       CLELAND AMENDMENT NO. 1735

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

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

     SEC. 18____. ADDITIONS TO APPALACHIAN REGION.

       Section 403 of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.) is amended in the undesignated 
     paragraph relating to Georgia--
       (1) by inserting ``Elbert,'' after ``Douglas,''; and
       (2) by inserting ``Hart,'' after ``Haralson,''.
                                 ______
                                 

                   HOLLINGS AMENDMENTS NOS. 1736-1737

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

                           Amendment No. 1736

       On page 129, beginning with line 1 strike through line 23 
     on page 133, and insert the following: shall not apply to any 
     driver of a utility service vehicle during an emergency 
     period of not more than 30 days declared by an elected State 
     or local government official under paragraph (2) in the area 
     covered by the declaration.
       ``(2) Declaration of Emergency.--The regulations described 
     in subparagraphs (A), (B), and (C) of paragraph (1) do not 
     apply to the driver of a utility service vehicle operated--
       ``(A) in the area covered by an emergency declaration under 
     this paragraph; and
       ``(B) for a period of not more than 30 days designated in 
     that declaration, issued by an elected State of local 
     government official (or jointly by elected officials of more 
     than one State or local government), after notice to the 
     Regional Director of the Federal Highway Administration with 
     jurisdiction over the area covered by the declaration.
       ``(3) Incident report.--Within 30 days after the end of the 
     declared emergency period the

[[Page S1571]]

     official who issued the emergency declaration shall file with 
     the Regional Director a report of each safety-related 
     incident or accident that occurred during the emergency 
     period involving--
       ``(A) a utility service vehicle driver to which the 
     declaration applied; or
       ``(B) a utility service vehicle to the driver of which the 
     declaration applied.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Driver of a utility service vehicle.--The term 
     `driver of a utility service vehicle' means any driver who is 
     considered to be a driver of a utility service vehicle for 
     purposes of section 345(a)(4) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note).
       ``(B) Utility service vehicle.--The term `utility service 
     vehicle' has the meaning given that term in section 345(e)(6) 
     of the National Highway System Designation Act of 1995 (49 
     U.S.C. 31136 note).''.
       (b) Continued Application of Safety and Maintenance 
     Requirements.--
       (1) In general.--The amendment made by subsection (a) may 
     not be construed--
       (A) to exempt any utility service vehicle from compliance 
     with any applicable provision of law relating to vehicle 
     mechanical safety, maintenance requirements, or inspections; 
     or
       (B) to exempt any driver of a utility service vehicle from 
     any applicable provision of law (including any regulation) 
     established for the issuance, maintenance, or periodic 
     renewal of a commercial driver's license for that driver.
       (2) Definitions.--For purposes of this subsection--
       (A) Commercial driver's license.--The term ``commercial 
     driver's license'' has the meaning given that term in section 
     31301(3) of title 49, United States Code.
       (B) Driver of a utility service vehicle.--The term ``driver 
     of a utility service vehicle'' has the meaning given that 
     term in section 31502(e)(2)(A) of title 49, United States 
     Code, as added by subsection (a).
       (C) Regulation.--The term ``regulation'' has the meaning 
     given that term in section 31132(6) of title 49, United 
     States Code.
       (D) Utility service vehicle.--The term ``utility service 
     vehicle'' has the meaning given that term in section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note).
                                                                    ____


                           Amendment No. 1737

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

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

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

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

       (2) by striking ``exemption'' each place it appears and 
     inserting ``special permit'';
       (3) by inserting ``authorizing variances'' after ``special 
     permit'' the first place it appears;
       (4) in subsection (a)(2), by striking ``2'' and inserting 
     ``4'';
       (5) by redesignating subsection (d) as subsection (e), and 
     by inserting after subsection (c) the following:
       ``(d) Authority to Carry out Pilot Programs.--
       ``(1) In general.--The Secretary is authorized to carry out 
     pilot programs to examine innovative approaches or 
     alternatives to regulations issued under this chapter. The 
     Secretary may carry out pilot programs unless the Secretary 
     determines pilot programs would pose an undue risk to public 
     health and safety.
       ``(2) Safety levels.--In carrying out a pilot project under 
     this subsection, the Secretary shall require, as a condition 
     of approval of the project, that the safety measures in the 
     project are designed to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would otherwise be achieved through compliance with the 
     standards prescribed under this chapter.
       ``(3) Termination of project.--The Secretary shall 
     immediately terminate any project entered into under this 
     subsection if the motor carrier or other entity to which it 
     applies fails to comply with the terms and conditions of the 
     pilot project or the Secretary determines that the project 
     has resulted in a lower level of safety than was maintained 
     before the project was initiated.''.
       (b) Section 5119(c) is amended by adding at the end the 
     following:
       ``(4) Pending promulgation of regulations under this 
     subsection, States may participate in a program of uniform 
     forms and procedures recommended by the working group under 
     subsection (b).''.
       (c) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5117 and inserting the 
     following:

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

                   SARBANES AMENDMENTS NOS. 1738-1739

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

                           Amendment No. 1738

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

     SEC. 18____. SALE OF MERCHANDISE AT SIDELING HILL VISITOR 
                   CENTER, MARYLAND.

       (a) In General.--Notwithstanding section 111 of title 23, 
     United States Code, the State of Maryland may offer 
     merchandise for sale at the Sideling Hill Visitor Center on 
     Interstate Route 68 in Maryland.
       (b) Types of Merchandise.--
       (1) In general.--Merchandise offered for sale under 
     subsection (a) shall be limited to items specifically related 
     to the Sideling Hill site and to memorabilia concerning the 
     State of Maryland.
       (2) Relationship to vending machine operations.--The sale 
     of merchandise under subsection (a) shall not compete with 
     the vending machine operations being conducted at the center 
     as of the date of enactment of this Act.
       (c) Use of Revenues.--Revenues from the sale of merchandise 
     under subsection (a) may be used only to pay for operating 
     costs of the center.
                                                                    ____


                           Amendment No. 1739

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

     SEC. 18____. CONTINUANCE OF COMMERCIAL OPERATIONS AT CERTAIN 
                   SERVICE PLAZAS IN THE STATE OF MARYLAND.

       (a) Waiver.--Notwithstanding section 111 of title 23, 
     United States Code, and the agreements described in 
     subsection (b), at the request of the Maryland Transportation 
     Authority, the Secretary shall allow the continuance of 
     commercial operations at the service plazas on the John F. 
     Kennedy Memorial Highway on Interstate Route 95.
       (b) Agreements.--The agreements referred to in subsection 
     (a) are agreements between the Department of Transportation 
     of the State of Maryland and the Federal Highway 
     Administration concerning the highway described in subsection 
     (a).
                                 ______
                                 

            BREAUX (AND LANDRIEU) AMENDMENTS NOS. 1740-1743

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

                           Amendment No. 1740

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

     SEC. 18____. IDENTIFICATION OF HIGH PRIORITY CORRIDOR ROUTES 
                   IN LOUISIANA.

       Section 1105 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031) is amended--
       (1) in subsection (c)(1)--
       (A) by striking ``Corridor from Kansas'' and inserting the 
     following: ``Corridor--
       ``(A) from Kansas'';
       (B) in subparagraph (A) (as so designated), by striking the 
     period at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) from Shreveport, Louisiana, along Interstate Route 49 
     to Lafayette, Louisiana, and along United States Route 90 to 
     the junction with Interstate Route 10 in New Orleans, 
     Louisiana.''; and
       (2) in subsection (e)(5)(A), by inserting ``in subsection 
     (c)(1)(B),'' after ``routes referred to''.
                                                                    ____


                           Amendment No. 1741

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

     SEC. 2002A. UNIVERSITY OF NEW ORLEANS INTERMODAL 
                   TRANSPORTATION PLANNING AND POLICY CENTER.

       (a) In General.--In addition to establishing the university 
     transportation centers under subsections (a) and (b) of 
     section 5241 of title 49, United States Code (as added by 
     section 2003 of this Act), the Secretary shall enter into 
     such arrangements as are necessary to assist the University 
     of New Orleans in establishing an Intermodal Transportation 
     Planning and Policy Center (referred to in this subsection as 
     the ``Center'').
       (b) National University Transportation Center.--The 
     Secretary shall designate the Center as a university transit 
     center for purposes of section 5241 of title 49, United 
     States Code.
       (c) Requirements for Center.--
       (1) In general.--The Center shall serve as the lead 
     institution in a consortium of the entities described in 
     paragraph (2).
       (2) Consortium.--At a minimum, the consortium with respect 
     to which the Center serves as lead agency shall consist of--
       (A) the Center;
       (B) the National Ports and Waterways Institute of Louisiana 
     State University;
       (C) a recognized freight intermodal transportation research 
     organization; and
       (D) the Louisiana Transportation Research Center.
                                                                    ____


                           Amendment No. 1742

       On page 220, line 14, strike ``and''.
       On page 220, line 17, strike the period and insert ``; 
     and''.
       On page 220, between lines 17 and 18, insert the following:
       ``(iii) a Gulf Coast high speed railway corridor (as 
     designated by the Secretary).

[[Page S1572]]

     
                                                                    ____
                           Amendment No. 1743

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

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

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

                 BREAUX (AND OTHERS) AMENDMENT NO. 1744

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

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

     SEC. 2103A. COOPERATIVE RESEARCH ON INTELLIGENT 
                   TRANSPORTATION SYSTEMS BY THE LOUISIANA STATE 
                   UNIVERSITY MEDICAL CENTER NEUROSCIENCE CENTER 
                   OF EXCELLENCE, THE GEORGE WASHINGTON 
                   UNIVERSITY/VIRGINIA RESEARCH INSTITUTE, AND THE 
                   NATIONAL CENTER FOR ADVANCED TRANSPORTATION 
                   TECHNOLOGIES AT THE UNIVERSITY OF IDAHO.

       (a) Definitions.--In this section:
       (1) Crash analysis.--The term ``crash analysis'' means 
     advanced testing and crash simulations that address 
     deficiencies in the use of available airbag technology, 
     including--
       (A) crash pulse measurement by airbag triggering sensors;
       (B) the development of a smart algorithm to dictate 
     appropriate deployment conditions to minimize potential 
     injuries;
       (C) a characterization of injuries of the full range of 
     occupants, vehicle classes, and impact scenarios;
       (D) the development of a model to identify preventive 
     measures of neural damage;
       (E) the development of a combination of car-to-car, car-to-
     barrier, and sled tests using advanced computer simulation to 
     thoroughly analyze current problems; and
       (F) the conducting of full-scale car-to-car tests of speeds 
     up to 70 miles per hour with--
       (i) offsets in the 20 to 100 percent range; and
       (ii) impact angles with a range between 0 and 90 degrees; 
     and
       (G) the use of a programmable sled test that is capable of 
     reproducing a variety of crash pulses from repeatable crash 
     tests with active restraint systems that use different 
     anthropomorphic test dummy sizes, typed to gender and 
     percentile.
       (2) Post-crash research.--The term ``post-crash research'' 
     means research that addresses post-crash injury control, 
     including--
       (A) an automatic crash notification system that sends a 
     message to emergency medical service personnel to alert the 
     personnel to severe crashes, including severe crashes that 
     require immediate medical attention;
       (B) the development of advanced sensors that are capable of 
     identifying and locating crash victims in need of time-
     critical emergency care; and
       (C) the development of post-crash pharmaceutical strategies 
     for acute neuroprotection and the promotion of repair and 
     regeneration of neural cells to allow victims of crashes to 
     lead productive lives.
       (3) Pre-crash analysis.--The term ``pre-crash analysis'' 
     means the use of driver and vehicle technologies that are 
     designed to ensure that any intelligent systems that are 
     subsequently developed and implemented will be effective when 
     used by all drivers of automobiles (including identifying 
     preventive measures of neurological damages, including 
     redesigning seat-passenger and driver compartments to prevent 
     or limit damage to the eye, inner ear, head, peripheral 
     nerves, and the spinal cord).
       (b) Grant Agreement.--As part of the comprehensive program 
     described in section 524 of title 23, United States Code, as 
     added by section 2103 of this Act, the Secretary shall offer 
     to enter into a grant agreement with the appropriate 
     officials of the George Washington University/Virginia 
     Research Institute, the Louisiana State University Medical 
     Center Neuroscience Center of Excellence, and the National 
     Center for Advanced Transportation Technologies at the 
     University of Idaho to carry out an innovative research 
     project (as that term is used in section 524(b)(4) of title 
     23, United States Code) to--
       (1) accelerate the deployment of technology to improve 
     motor vehicle safety systems;
       (2) accelerate the deployment of smart air bags (as that 
     term is defined by the Secretary); and
       (3) develop medical technologies to prevent and minimize 
     head and spinal cord injuries.
       (c) Research Emphasis.--The research conducted pursuant to 
     the grant agreement referred to in subsection (b) shall 
     emphasize pre-crash analysis, crash analysis, and post-crash 
     research that takes into consideration the effects of humans, 
     motor vehicles, and the environment.
       (d) Funding.--
       (1) In general.--Of the funds made available under section 
     524(f) of title 23, United States Code, to carry out this 
     section, the Secretary shall use--
       (A) $15,000,000 for fiscal year 1998; and
       (B) $12,000,000 for each of fiscal years 1999 through 2003.
       (2) Availability of funds.--Notwithstanding section 
     524(f)(2) of title 23, United States Code, the funds made 
     available for use under paragraph (1) shall remain available 
     until expended. For purposes of section 524(b)(4)(B) of title 
     23, United States Code, the research project under this 
     section shall be considered to be an innovative research 
     project.
                                 ______
                                 

                  FEINSTEIN AMENDMENTS NOS. 1745-1746

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

                           Amendment No. 1745

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

     SEC. 18____. SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE 
                   ASSESSMENT.

       (a) In General.--The Secretary shall conduct a 
     comprehensive assessment of the state of the transportation 
     infrastructure on the southwest border between the United 
     States and Mexico (referred to in this section as the 
     ``border'').
       (b) Consultation.--In carrying out subsection (a), the 
     Secretary shall consult with--
       (1) the Secretary of State;
       (2) the Attorney General;
       (3) the Secretary of the Treasury;
       (4) the Administrator of the Environmental Protection 
     Agency;
       (5) the Commandant of the Coast Guard;
       (6) the Administrator of General Services;
       (7) the American Commissioner on the International Boundary 
     Commission, United States and Mexico;
       (8) State agencies responsible for transportation and law 
     enforcement in border States; and
       (9) municipal governments and transportation authorities in 
     sister cities in the border area.
       (c) Requirements.--In carrying out the assessment, the 
     Secretary shall--
       (1) assess--
       (A) the flow of commercial and private traffic through 
     designated ports of entry on the border;
       (B) the adequacy of transportation infrastructure in the 
     border area, including highways, bridges, railway lines, and 
     border inspection facilities;
       (C) the adequacy of law enforcement and narcotics abatement 
     activities in the border area, as the activities relate to 
     commercial and private traffic; and
       (D) future demands on transportation infrastructure in the 
     border area; and
       (2) make recommendations to facilitate legitimate cross-
     border traffic in the border area, while maintaining the 
     integrity of the border.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the assessment conducted under this section, 
     including any related legislative and administrative 
     recommendations.
                                                                    ____


                           Amendment No. 1746

       On page 59, between lines 17 and 18, insert the following:
       ``(4) Use of youth conservation or service corps.--The 
     Secretary shall encourage States, in carrying out activities 
     funded under this section, to enter into contracts and 
     cooperative agreements with youth conservation or service 
     corps that are certified by the National Association of 
     Service and Conservation Corps.
       On page 158, strike line 4 and insert the following: 100 
     percent.
       ``(D) Use of youth conservation or service corps.--The 
     Secretary shall encourage States, in carrying out 
     transportation enhancement activities funded from the 
     allocation required by subsection (d)(2), to enter into 
     contracts and cooperative agreements with youth conservation 
     or service corps that are certified by the National 
     Association of Service and Conservation Corps.''.
                                 ______
                                 

                JOHNSON (AND OTHERS) AMENDMENT NO. 1747

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

       At the appropriate place, insert the following:

     SEC.   . MINIMUM GUARANTEE OF TRANSIT PROGRAM FUNDS.

       Section 5338 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(o) Minimum Guarantee of Transit Program Funds.--
       ``(1) Set-aside required.--For each fiscal year beginning 
     after September 30, 1997, after

[[Page S1573]]

     providing for any allocation or set-asides under subsection 
     (g) or (h) of this section, but before completing 
     distribution of other amounts made available or appropriated 
     under subsections (a) and (b) of this section, the Secretary 
     shall set aside, and shall distribute to each State, in 
     addition to amounts otherwise distributed to the State (or to 
     its political subdivisions) to carry out sections 5307, 5309, 
     5310, and 5311, the amount described in paragraph (2)(B).
       ``(2) Calculation.--
       ``(A) Definition of minimum guarantee threshold amount.--In 
     this subsection, the term `minimum guarantee threshold 
     amount' means, with respect to a State for a fiscal year, the 
     amount equal to--
       ``(i) total amount made available or appropriated to all 
     States and political subdivisions under sections 5307, 5309, 
     5310, and 5311 for that fiscal year; multiplied by
       ``(ii) 70 percent of the percentage contribution of 
     estimated tax payments allocated to the Mass Transit Account 
     under section 9503(e) of the Internal Revenue Code of 1986 in 
     the latest fiscal year for which data are available, that are 
     attributable to highway users in the State.
       ``(B) Amount.--Subject to subparagraph (C) and any other 
     limitations set forth in this subsection, the amount 
     described in this subparagraph is the amount, if it is a 
     positive number, that, if added to the total amount 
     distributed to the State (and its political subdivisions) 
     under sections 5307, 5309, 5310, and 5311 for that fiscal 
     year, is equal to the minimum guarantee threshold amount.
       ``(C) Limitation.--The maximum amount distributed to a 
     State under this subsection shall not exceed $12,500,000.
       ``(3) Source of funds.--
       ``(A) In general.--Amounts required to be set aside and 
     distributed to States under this subsection in any fiscal 
     year--
       ``(i) may be obtained from any amounts under section 5309 
     that are made available or appropriated to the Secretary for 
     funding this subsection or for distribution at the discretion 
     of the Secretary in the fiscal year; or
       ``(ii) if not, shall be obtained by proportionately 
     reducing amounts that would otherwise be made available or 
     appropriated under subsections (a) and (b) of this section, 
     for sections 5307, 5309, and 5311, to those States and 
     political subdivisions for which the total amount distributed 
     under sections 5307, 5309, 5310, and 5311 in that fiscal year 
     is greater than 1.05 times--
       ``(I) the total amount made available or appropriated to 
     all States and political subdivisions under sections 5307, 
     5309, 5310, and 5311, in that fiscal year; multiplied by
       ``(II) the percentage contribution of estimated tax 
     payments allocated to the Mass Transit Account under section 
     9503(e) of the Internal Revenue Code of 1986 in the latest 
     fiscal year for which data are available that are 
     attributable to highway users in the State.
       ``(B) Proportionate reductions from different sources.--The 
     Secretary shall apply reductions under subparagraph (A) 
     proportionately to amounts made available from the Mass 
     Transit Account and to amounts appropriated or made available 
     from other sources.
       ``(C) Other rules on application of reductions.--
       ``(i) In general.--Reductions otherwise required by 
     subparagraph (A) may be taken against the amounts that 
     otherwise would be distributed to any State or political 
     subdivision thereof only to the extent that making those 
     reductions would not--
       ``(I) reduce the total amount distributed to the State and 
     its political subdivisions under sections 5307, 5309, 5310, 
     and 5311 to less than the greater of--
       ``(aa) 90 percent of the total of amounts distributed to 
     the State and its political subdivisions under those sections 
     in fiscal year 1997; or
       ``(bb) the minimum guarantee threshold amount for the State 
     for the fiscal year at issue; or
       ``(II) reduce the total amount distributed to a State or 
     political subdivision that, prior to application of this 
     subsection, would receive a total amount less than the 
     greater of the amount specified by item (aa) or (bb) of 
     subclause (I).
       ``(ii) Proportionate reductions.--In the event of the 
     applicability of clause (i), the Secretary shall obtain the 
     remainder of the amounts required to be distributed to States 
     under the minimum guarantee required by this subsection 
     proportionately from those States, including political 
     subdivisions, to which subparagraph (A) applies, and to which 
     clause (i) of this subparagraph does not apply.
       ``(D) Proportionate reduction in case of insufficient 
     funds.--If the application of subparagraphs (A) and (C) would 
     provide funds in an amount less than the amount described in 
     paragraph (2), the Secretary shall distribute to the State, 
     in lieu of the amount that otherwise would be distributed 
     under paragraph (2), an amount equal to--
       ``(i) the amount otherwise required under paragraph (2); 
     multiplied by
       ``(ii) the quotient of--
       ``(I) the amount obtained by application of subparagraphs 
     (A) and (C); and
       ``(II) the amount required under paragraph (2) to be 
     provided to all States.
       ``(4) Attribution of amounts.--For the purposes of 
     calculations under this subsection, with respect to 
     attributing to individual States any amounts distributed to 
     political subdivisions that are multi-State entities, the 
     Secretary shall attribute those amounts to individual States, 
     based on such criteria as the Secretary may adopt by rule, 
     except that, for purposes of calculations made during the 12-
     month period beginning on the date of enactment of this 
     subsection, the Secretary may attribute those amounts to 
     individual States before adopting a rule.
       ``(5) Use and availability.--
       ``(A) In general.--Amounts distributed to a State under 
     this subsection may be used for any purpose eligible for 
     assistance under this chapter and shall remain available 
     until expended.
       ``(B) City and community transit funding increase 
     guarantee.--
       ``(i) In general.--No less than fifty percent of the amount 
     distributed to a State under this subsection shall be 
     distributed by the State to each entity in the State, 
     including the State itself, that, in the immediately 
     preceding fiscal year, received funds directly from the 
     Secretary under section 5307, 5309, 5310, or 5311.
       ``(ii) Allocation.--In carrying out clause (i), the 
     Secretary shall distribute to each entity described in that 
     clause an amount equal to the ratio between--
       ``(I) the total amount of funds received by the entity 
     under sections 5307, 5309, 5310, and 5311 in the immediately 
     preceding fiscal year; and
       ``(II) the total amount of funds received by all entities 
     described in clause (i) in the State under those sections in 
     that fiscal year.
       ``(iii) Use of amounts by state.--The portion of funds that 
     the State distributes to itself pursuant to clause (ii), as a 
     result of the receipt of funds directly from the Secretary 
     under section 5311 in the immediately preceding fiscal year, 
     may be used by the State only in areas and for purposes that 
     are eligible under section 5311.
       ``(6) Treatment of certain amounts.--For purposes of 
     sections 5323(a)(1)(D) and 5333(b), amounts distributed to a 
     State under this subsection that are, in turn, awarded by the 
     Secretary--
       ``(A) under section 5311, if the subgrantee does not serve 
     an urbanized area; and
       ``(B) directly to the subgrantee under section 5307, if the 
     subgrantee serves an urbanized area.
                                 ______
                                 

                        ROBB AMENDMENT NO. 1748

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

       At the end of the amendment, add the following:
            TITLE ____--REGIONAL TRANSPORTATION IMPROVEMENT
      Subtitle A--Metropolitan Washington Regional Transportation

     SEC. ____001. SHORT TITLE.

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

     SEC. ____002. FINDINGS.

       Congress finds that--
       (1) congestion is a serious problem in the metropolitan 
     Washington region, as evidenced by recent studies that have 
     found that only the city of Los Angeles is more congested and 
     that congestion costs each man, woman, and child in the 
     region more than $800 per year in lost time, wasted fuel, and 
     environmental damage;
       (2) in the past, regional leaders have successfully worked 
     together to address important transportation needs, through 
     such institutions as the Metropolitan Washington Airports 
     Authority, the Washington Metropolitan Area Transit 
     Authority, and the National Capital Region Transportation 
     Planning Board at the Metropolitan Washington Council of 
     Governments;
       (3) even greater regional cooperation is needed to prevent 
     congestion in the metropolitan Washington region from 
     worsening, in light of predictions that, for the period of 
     1990 through 2020, there will be a 43 percent increase in 
     population, a 43 percent increase in employment, and a 79 
     percent increase in vehicle miles traveled, in the region;
       (4) while transportation needs will grow significantly over 
     the next decades, spending is expected to fall short of 
     transportation needs by more than $500,000,000 per year, even 
     with expected increases in Federal and State spending;
       (5) none of the existing metropolitan-wide transportation 
     agencies within the metropolitan Washington region have the 
     necessary powers, authorities, and resources to meet the 
     current and future transportation needs of the region;
       (6) the failure to meet the transportation needs of the 
     metropolitan Washington region will undermine the quality of 
     life of the residents of the region, degrade the natural 
     environment, and adversely affect the ability of Federal 
     agencies and private sector businesses to operate effectively 
     and efficiently;
       (7) the transportation challenges faced by the metropolitan 
     Washington region are unique and deserve the attention of 
     Congress because of the presence of the Federal Government 
     within the region and because of the intersection of 3 
     jurisdictions, consisting of 2 States and the District of 
     Columbia, within a single metropolitan area;
       (8) the National Capital Region Transportation Planning 
     Board at the Metropolitan Washington Council of Governments, 
     the designated metropolitan planning organization for 
     planning and programming Federal

[[Page S1574]]

     transit and highway funds provided to the metropolitan 
     Washington region, is updating the long-range plan for the 
     region to meet transportation needs in the coming decades; 
     and
       (9) with Federal assistance, the Board can more effectively 
     promote regional agreement on how to finance and implement 
     its long-range plan to meet the transportation needs of the 
     metropolitan Washington region.

     SEC. ____003. PURPOSES.

       The purposes of this subtitle are--
       (1) to assist the Board in developing a means to finance 
     and implement its long-range plan;
       (2) to establish a corporation to provide short-term 
     funding and implementation of the long-range plan;
       (3) to empower the Board to consult with the metropolitan 
     Washington region jurisdictions and the public to achieve 
     consensus on long-range financing and implementation of the 
     long-range plan; and
       (4) to grant consent to the metropolitan Washington region 
     jurisdictions to enter into an interstate compact or 
     agreement to facilitate action on regional transportation 
     needs.

     SEC. ____004. DEFINITIONS.

       In this subtitle:
       (1) Board.--The term ``Board'' means the National Capital 
     Region Transportation Planning Board at the Metropolitan 
     Washington Council of Governments.
       (2) Corporation.--The term ``Corporation'' means the 
     Metropolitan Washington Regional Transportation Corporation 
     established by section ____006(b).
       (3) Metropolitan washington region; region.--The term 
     ``metropolitan Washington region'' or ``region'' means the 
     area that is--
       (A) located in the area including and surrounding 
     Washington, District of Columbia; and
       (B) under the jurisdiction of the members of the Board.
       (4) Metropolitan washington region jurisdiction.--The term 
     ``metropolitan Washington region jurisdiction'' means a 
     jurisdiction represented by a member of the Board.
       (5) Signatory.--The term ``Signatory'' means a metropolitan 
     Washington region jurisdiction that enters into an interstate 
     agreement or compact under section ____006(c).

     SEC. ____005. DUTIES OF THE BOARD.

       (a) Duties.--
       (1) In general.--The Board shall--
       (A)(i) propose regional funding mechanisms to finance and 
     implement its long-range plan;
       (ii) update its long-range plan to reflect additional 
     revenue provided by the regional funding mechanisms;
       (iii) manage the Corporation; and
       (iv) propose an interstate compact or agreement, including 
     a list of regional transportation projects and a means of 
     funding and implementation of the projects;
       (B) provide notice and opportunity for comment on its 
     efforts under this title by metropolitan Washington region 
     jurisdictions and the public;
       (C) conduct outreach and education activities to promote 
     public participation;
       (D) promote cooperative action by metropolitan Washington 
     region jurisdictions on regional transportation issues; and
       (E) assist metropolitan Washington region jurisdictions in 
     developing an interstate compact or agreement to better meet 
     regional transportation needs.
       (2) Limitations.--The Board shall not have the power to--
       (A) impose a tax; or
       (B) preempt any Federal, State, or local law (including a 
     regulation).
       (b) Board Support.--The Board may use staff of the Board 
     and employ such additional personnel and agents as are 
     necessary to carry out this subtitle, including public 
     outreach staff to meet the public participation requirements 
     of titles 23 and 49, United States Code.
       (c) Timetable.--The Board shall--
       (1) develop and publish a first draft proposal for regional 
     funding mechanisms and means to implement its long-range plan 
     not later than 210 days after the date of enactment of this 
     Act;
       (2) provide an opportunity for public comment on the first 
     draft proposal during the period beginning on the date of 
     publication of the first draft proposal and ending not 
     earlier than 90 days after that date; and
       (3) develop and publish a final proposal not later than 
     August 1, 2000, and provide an opportunity for ratification 
     of the final proposal by metropolitan Washington region 
     jurisdictions.
       (d) Planning Process.--In carrying out this subtitle, the 
     Board shall--
       (1) comply with the planning requirements of titles 23 and 
     49, United States Code; and
       (2)(A) ensure that the public has a full opportunity to 
     participate in the planning process; and
       (B) work with citizen advisory committees representing all 
     points of view, including business, environmental, 
     transportation, senior citizens, and neighborhood 
     associations.

     SEC. ____006. IMPLEMENTATION OF LONG-RANGE PLAN FOR THE 
                   METROPOLITAN WASHINGTON REGION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1)(A) the transportation needs of the metropolitan 
     Washington region are urgent; and
       (B) delay in responding to the needs may increase 
     congestion, reduce the quality of life, degrade the natural 
     environment, and hinder economic development in the region;
       (2) Congress can assist the region in meeting 
     transportation needs by establishing a Metropolitan 
     Washington Regional Transportation Corporation with the power 
     to begin the initial financing and implementation of the 
     long-range plan of the Board;
       (3) Congress can assist the region in meeting 
     transportation needs by providing expedited congressional 
     approval of an interstate compact or agreement on financing 
     and implementation of the long-range plan of the Board; and
       (4) the Board and the metropolitan Washington region 
     jurisdictions should consider the full range of options for 
     such an interstate compact or agreement, including 
     establishment of--
       (A) an independent authority with the power to issue bonds 
     and levy fees;
       (B) an intergovernmental authority with revenue from 
     government contributions; and
       (C) an intergovernmental authority with the power to manage 
     regional revenues collected through 1 or more regional 
     funding mechanisms.
       (b) Metropolitan Washington Regional Transportation 
     Corporation.--
       (1) Establishment.--There is established the Metropolitan 
     Washington Regional Transportation Corporation.
       (2) General powers.--
       (A) In general.--The Corporation shall be a body corporate 
     and politic, and an instrumentality of the Board, having the 
     powers and jurisdiction described in this subtitle and such 
     additional powers as are conferred on the Corporation by the 
     Board, to the extent that the additional powers are 
     consistent with this subtitle.
       (B) Administration.--The Corporation shall be governed in 
     accordance with this subtitle and shall be subject to such 
     other provisions as the Board determines appropriate.
       (3) General limitations.--Except as otherwise specifically 
     provided in this subtitle, the Corporation shall not have the 
     power to--
       (A) impose a tax; or
       (B) preempt any Federal, State, or local law (including a 
     regulation).
       (4) Duties.--The Corporation shall manage the initial 
     funding and implementation of the long-range plan updated by 
     the Board under section ____005(a).
       (5) Public accountability.--
       (A) Public notice and participation.--The Corporation shall 
     be subject to the requirements of chapter 5 of title 5, 
     United States Code, concerning public notice of, and 
     participation at, all meetings of the Corporation.
       (B) Freedom of information act.--The Corporation shall be 
     considered to be an agency for the purpose of compliance with 
     requests under section 552 of title 5, United States Code.
       (6) Powers.--The Corporation shall have the power--
       (A) to acquire personal and real property (including land 
     lying under water and riparian rights), or any easement or 
     other interest in real property, by purchase, lease, gift, 
     transfer, or exchange;
       (B) to apply for and accept any property, material, 
     service, payment, appropriation, grant, gift, loan, advance, 
     or other fund that is transferred or made available to the 
     Corporation by the Federal Government or by any other public 
     or private entity or individual;
       (C) to borrow money on a short-term basis and issue notes 
     of the Corporation for the borrowing payable on such terms 
     and conditions as the Corporation considers advisable, and to 
     issue long-term or short-term bonds in the discretion of the 
     Corporation for any purpose consistent with this subtitle, 
     which notes and bonds--
       (i) shall not constitute--

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

       (ii) may be secured solely by the general revenues of the 
     Corporation or by other revenues in the discretion of the 
     Corporation;
       (D) to fix or revise any reasonable toll, sales tax, or 
     other charge, subject to the consent of the Signatories;
       (E) to permit single-occupancy vehicles to travel on high-
     occupancy lanes in the region upon payment of a toll, if--
       (i) the toll can be implemented in a way that does not 
     reduce the volume of traffic; and
       (ii) the Board consents to use the toll revenues for 
     regional transportation projects;
       (F) to enter into any contract or agreement necessary or 
     appropriate to the performance of the duties of the 
     Corporation;
       (G) to enter into partnerships or grant concessions between 
     the public and private sectors for the purpose of--
       (i) financing, constructing, maintaining, improving, or 
     operating regional transportation facilities in the 
     metropolitan Washington region; or
       (ii) fostering development of a new transportation 
     technology;
       (H) to obtain any necessary Federal authorization, permit, 
     or approval for the construction, repair, maintenance, or 
     operation of regional transportation facilities in the 
     metropolitan Washington region;

[[Page S1575]]

       (I) to adopt an official seal and alter the seal, as the 
     Corporation considers appropriate;
       (J) to appoint 1 or more advisory committees;
       (K) to sue and be sued in the name of the Corporation;
       (L) to carry out or contract with other entities to carry 
     out such maintenance of traffic activities during 
     construction of regional transportation facilities in the 
     metropolitan Washington region as are considered to be 
     necessary by the Corporation to properly manage traffic and 
     minimize congestion, such as public information campaigns, 
     improvements designed to encourage appropriate use of 
     alternative routes, use of high occupancy vehicles and 
     transit services, and deployment and operation of intelligent 
     transportation system technologies; and
       (M) to carry out any activity necessary or appropriate to 
     the exercise of the powers or performance of the duties of 
     the Corporation under this subtitle and under any interstate 
     compact or agreement relating to the Corporation that is 
     consistent with this subtitle, if the activity is coordinated 
     and consistent with the transportation planning process 
     implemented by the metropolitan planning organization for the 
     metropolitan Washington region under section 134 of title 23, 
     United States Code, and section 5303 of title 49, United 
     States Code.
       (c) Interstate Compact or Agreement.--
       (1) In general.--Subject to paragraph (2), 1 or more of the 
     metropolitan Washington region jurisdictions may enter into 
     an interstate compact or agreement to finance and implement 
     the long-range plan of the Board, if consent is granted by--
       (A) the department of transportation of each State that 
     enters into the compact or agreement; and
       (B) if the District of Columbia enters into the compact or 
     agreement, the Department of Public Works of the District of 
     Columbia.
       (2) Requirements.--The interstate compact or agreement 
     shall--
       (A) include a list of regional transportation projects and 
     a regional funding mechanism to fund the projects; and
       (B) include a time limit of not more than 1 year for 
     approval by the metropolitan Washington region jurisdictions.
       (3) Expedited approval.--An interstate compact or agreement 
     described in paragraph (1) shall be deemed to have the 
     consent of Congress unless Congress enacts a law denying 
     consent to the compact or agreement within 60 days after the 
     date of approval of the compact or agreement by the 
     Signatories.

     SEC. ____007. MAINTENANCE OF FUNDING AND EFFORT.

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

     SEC. ____008. REPORTS.

       The Secretary shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives--
       (1) not later than 1 year after the date of enactment of 
     this Act, an interim report on the progress of the Board in 
     developing cooperative transportation plans and regional 
     funding mechanisms to meet transportation needs in the 
     metropolitan Washington region; and
       (2) not later than 3 years after the date of enactment of 
     this Act, a final report on the results of the actions of the 
     Board in developing cooperative transportation plans and 
     regional funding mechanisms to meet transportation needs in 
     the metropolitan Washington region.

     SEC. ____009. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     subtitle $300,000 for each of fiscal years 1998 through 2000, 
     of which not less than--
       (1) $100,000 shall be used by the Board for salaries and 
     administrative expenses of experts in financing and 
     developing interstate compacts or agreements; and
       (2) $200,000 shall be used by the Board to support a 
     collaborative planning process, to disseminate information to 
     the public, and to pay the salaries and administrative 
     expenses of public outreach staff.
 Subtitle B--Regional Transportation Improvement Grants and Assistance

     SEC. ____101. FINDINGS.

       Congress finds that--
       (1) the process of developing interstate agreements on 
     transportation planning and funding is difficult and costly 
     and hinders regional cooperation;
       (2) the lack of regional action to meet transportation 
     needs is harmful to the long-term growth of regional 
     economies and to the United States as a whole; and
       (3) Federal incentives can promote regional cooperation to 
     address transportation needs across the United States.

     SEC. ____103. TIFIA ASSISTANCE FOR REGIONAL PROJECTS 
                   DEVELOPED BY MULTISTATE METROPOLITAN PLANNING 
                   ORGANIZATIONS.

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

                  TORRICELLI AMENDMENTS NOS. 1749-1750

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

                           Amendment No. 1749

       On page 223, strike lines 4 through 18 and insert the 
     following:
       (1) in subsection (a)--
       (A) by striking ``(a) Each'' and inserting the following:
       ``(a) In General.--
       ``(1) Program.--Each'';
       (B) by inserting ``, bicyclists,'' after ``motorists''; and
       (C) by adding at the end the following:
       ``(2) Hazards.--In carrying out paragraph (1), a State 
     may--
       ``(A) identify through a survey hazards to motorists, users 
     of public transportation, bicyclists, pedestrians, and 
     individuals who live or work near transportation facilities; 
     and
       ``(B) develop and implement projects and programs to 
     address the hazards.'';
       (2) in subsection (b), by striking ``highway safety 
     improvement project'' and inserting ``safety improvement 
     project, including a project described in subsection (a)'';
       (3) in subsection (c), by striking ``on any public road 
     (other than a highway on the Interstate System).'' and 
     inserting the following: ``on--
       ``(1) any public road;
       ``(2) any public transportation vehicle or facility, any 
     publicly owned bicycle or pedestrian pathway or trail, or any 
     other facility that the Secretary determines to be 
     appropriate; or
       ``(3) any traffic calming measure.'';
       (4) by redesignating subsection (h) as subsection (i); and
       (5) by inserting after subsection (g) the following:
       ``(h) Consultation.--Funds made available under subsection 
     (e) shall be obligated only after consultation with county 
     and local transportation entities.''.
                                                                    ____


                           Amendment No. 1750

       At the appropriate place, insert the following:

     SEC. ____. NATIONAL ESTUARY PROGRAM.

       (a) Grants.--Section 320(g) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330(g)) is amended by striking 
     paragraphs (2) and (3) and inserting the following:
       ``(2) Purposes.--Grants under this subsection shall be made 
     to pay for assisting activities necessary for the development 
     and implementation of a comprehensive conservation and 
     management plan under this section.
       ``(3) Federal share.--The Federal share of a grant to any 
     person (including a State, interstate, or regional agency or 
     entity) under this subsection for a fiscal year--
       ``(A) shall not exceed--
       ``(i) 75 percent of the annual aggregate costs of the 
     development of a comprehensive conservation and management 
     plan; and
       ``(ii) 50 percent of the annual aggregate costs of the 
     implementation of the plan; and
       ``(B) shall be made on condition that the non-Federal share 
     of the costs are provided from non-Federal sources.''.
       (b) Authorization of Appropriations.--Section 320(i) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(i)) is 
     amended by striking ``$12,000,000 per fiscal year for each of 
     fiscal years 1987, 1988, 1989, 1990, and 1991'' and inserting 
     ``$50,000,000 for each of fiscal years 1999 through 2004''.
       (c) Effective Date.--The amendments made by this section 
     take effect on October 1, 1998.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 1751

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, as 
follows:

       On page 159, between lines 6 and 7, insert the following:
       (d) Definition of Transportation Enhancement Activities.--
     Section 101(a) of title 23, United States Code, is amended in 
     the undesignated paragraph defining ``transportation 
     enhancement activities''--
       (1) by striking ``scenic or historic highway programs,'' 
     and inserting ``scenic or historic highway programs 
     (including the provision of tourist and welcome center 
     facilities),''
                                 ______
                                 

               CAMPBELL (AND OTHERS) AMENDMENTS NO. 1752

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


[[Page S1576]]


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

     SEC.   . LIMITATIONS.

       (a) Prohibition on Lobbying Activities.--(1) No funds 
     authorized in this title shall be available for any activity 
     to build support for or against, or to influence the 
     formulation, or adoption of State or local legislation, 
     unless such activity is consistent with previously-existing 
     Federal mandates or incentive programs.
       (b) Nothing in this section shall prohibit officers or 
     employees of the United States or its departments or agencies 
     from testifying before any State or local legislative body 
     upon the invitation of such legislative body.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 1753

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

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

     SEC. 18____. FOOD SIGNS.

       (a) In General--Beginning on the day after the date of 
     enactment of this Act, a food business that operates 6 days a 
     week may display a mainline business logo on a FOOD sign 
     described in section 2G-5.7(4) of part IIG of the 1988 
     edition of the Manual on Uniform Traffic Control Devices for 
     Streets and Highways, if the food business--
       (1) purchases and has installed under the mainline business 
     logo on the FOOD sign a sign that meets the requirements of 
     subsection (b); and
       (2) meets the applicable requirements for displaying a FOOD 
     sign contained in that manual, other than the requirement 
     relating to the number of days of operation.
       (b) Requirements for Sign Positioned Under the Mainline 
     Business Logo of a FOOD Sign.--A sign positioned under a 
     mainline business logo referred to in subsection (a) meets 
     the requirements of this subsection if that sign--
       (1) has a blue background;
       (2) has a 6-inch white legend and white border; and
       (3) indicates the day of the week on which the food 
     business is closed.
                                 ______
                                 

                   DOMENICI AMENDMENTS NOS. 1754-1756

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

                           Amendment No. 1754

       At the appropriate place, insert the following:

     SEC. ____. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

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


                           Amendment No. 1755

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


                           Amendment No. 1756

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

                DOMENICI (AND OTHERS) AMENDMENT NO. 1757

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

       At the appropriate place, insert the following:

     SEC. ____. FUNDING FOR INDIAN RURAL TRANSIT PROGRAM.

       Section 5311 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(k) Indian Reservation Rural Transit Program.--
       ``(1) In general.--Of amounts made available under section 
     5338(a) to carry out this section in each fiscal year, 
     $10,000,000 shall be available for grants to Indian tribes 
     (as that term is defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e))) in accordance with this section for transportation 
     projects in areas other than urbanized areas.
       ``(2) Formula allocation.--Amounts made available under 
     paragraph (1) shall be allocated among Indian tribes--
       ``(A) with respect to fiscal years 1998, 1999, and 2000 by 
     the Administrator of the Federal Transit Administration; and
       ``(B) with respect to each fiscal year thereafter, in 
     accordance with a formula, which shall be established by the 
     Secretary, in consultation with Indian tribes, not later than 
     October 1, 2000.''.
                                 ______
                                 

                     HUTCHINSON AMENDMENT NO. 1758

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

       On page 110, strike lines 22 and 23 and insert the 
     following:
       ``(5) Required allocation for certain states.--
       ``(A) Allocation.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate on October 1, to States 
     eligible under subparagraph (B), for use for projects 
     described in paragraph (1), $5,000,000 of the amounts set 
     aside under paragraph (1) from amounts to be apportioned 
     under subsection (b)(1)(A).
       ``(B) Eligible states.--A State shall be eligible for an 
     allocation under subparagraph (A) for a fiscal year if--
       ``(i) the State ranks among the lowest 10 percent of States 
     in a ranking of States by per capita personal income;
       ``(ii) for the State, the ratio that--

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

     is less than 1.00, as of the date of enactment of this 
     subsection; and
       ``(iii)(I) the State's estimated percentage of total 
     Federal-aid highway program apportionments for the period of 
     fiscal years 1998 through 2003 under this title, as of the 
     date of enactment of this subsection; is less than
       ``(II) the State's percentage of total Federal-aid highway 
     program apportionments and Federal lands highways program 
     allocations under the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1914), and allocations 
     under sections 1103 through 1108 of that Act, for the period 
     of fiscal years 1992 through 1997.
       ``(C) Additional allocation.--An allocation to a State 
     under subparagraph (A) shall be in addition to any allocation 
     to the State under paragraph (1).
       ``(6) Period of availability of discretionary funds.--
     Amounts made available under''.
                                 ______
                                 

                        ROTH AMENDMENT NO. 1759

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

       At the end of the bill add the following:
                          TITLE ____--REVENUE

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

       (a) Short Title.--This title may be cited as the 
     ``Intermodal Surface Transportation Revenue Act of 1998''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

     SEC. __002. EXTENSION AND MODIFICATION OF HIGHWAY-RELATED 
                   TAXES AND TRUST FUND.

       (a) Extension of Taxes and Exemptions.--
       (1) The following provisions are each amended by striking 
     ``1999'' each place it appears and inserting ``2005'':
       (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax 
     on certain buses).
       (B) Section 4041(a)(2)(B) (relating to rate of tax on 
     special motor fuels), as amended by section 907(a)(1) of the 
     Taxpayer Relief Act of 1997.
       (C) Section 4041(m)(1)(A) (relating to certain alcohol 
     fuels), as amended by section 907(b) of the Taxpayer Relief 
     Act of 1997.

[[Page S1577]]

       (D) Section 4051(c) (relating to termination).
       (E) Section 4071(d) (relating to termination).
       (F) Section 4081(d)(1) (relating to termination).
       (G) Section 4221(a) (relating to certain tax-free sales).
       (H) Section 4481(e) (relating to period tax in effect).
       (I) Section 4482(c)(4) (relating to taxable period).
       (J) Section 4482(d) (relating to special rule for taxable 
     period in which termination date occurs).
       (K) Section 4483(g) (relating to termination of 
     exemptions).
       (L) Section 6156(e)(2) (relating to section inapplicable to 
     certain liabilities).
       (M) Section 6412(a) (relating to floor stocks refunds).
       (2) The following provisions are each amended by striking 
     ``2000'' each place it appears and inserting ``2007'':
       (A) Section 4041(b)(2)(C) (relating to termination).
       (B) Section 4041(k)(3) (relating to termination).
       (C) Section 4081(c)(8) (relating to termination).
       (D) Section 4091(c)(5) (relating to termination).
       (3) Section 6412(a) (relating to floor stocks refunds) is 
     amended by striking ``2000'' each place it appears and 
     inserting ``2006''.
       (4) Section 6427(f)(4) (relating to termination) is amended 
     by striking ``1999'' and inserting ``2007''.
       (5) Section 40(e)(1) (relating to termination) is amended--
       (A) by striking ``December 31, 2000'' and inserting 
     ``December 31, 2007'', and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) of any fuel for any period before January 1, 2008, 
     during which the rate of tax under section 4081(a)(2)(A) is 
     4.3 cents per gallon.''.
       (6) Headings 9901.00.50 and 9901.00.52 of the Harmonized 
     Tariff Schedule of the United States (19 U.S.C. 3007) are 
     amended in the effective period column by striking ``10/1/
     2000'' each place it appears and inserting ``10/1/2007''.
       (b) Extension and Modification of Highway Trust Fund.--
       (1) Extension.--Section 9503 (relating to Highway Trust 
     Fund) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1), as amended by section 1032(e)(13) of 
     the Taxpayer Relief Act of 1997--

       (I) by striking ``1999'' and inserting ``2005'',
       (II) by striking subparagraph (C),
       (III) in subparagraph (D), by striking ``and tread 
     rubber'', and
       (IV) by redesignating subparagraphs (D), (E), and (F) as 
     subparagraphs (C), (D), and (E), respectively,

       (ii) in paragraph (2), by striking ``1999'' each place it 
     appears and inserting ``2005'' and by striking ``2000'' and 
     inserting ``2006'',
       (iii) in the heading of paragraph (2), by striking 
     ``october 1, 1999'' and inserting ``october 1, 2005'', and
       (iv) in subparagraphs (E) and (F) of paragraph (4), as 
     amended by section 901(a) of the Taxpayer Relief Act of 1997, 
     by striking ``1999'' and inserting ``2005'', and
       (B) in subsection (c), as amended by section 9(a)(1) of the 
     Surface Transportation Extension Act of 1997--
       (i) in paragraph (1)--

       (I) by striking ``1998'' and inserting ``2003'',
       (II) in subparagraph (C), by striking ``or'' at the end,
       (III) in subparagraph (D), by striking ``1991.'' and 
     inserting ``1991, or'',
       (IV) by inserting after subparagraph (D) the following:

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

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

     ``In determining the authorizations under the Acts referred 
     to in the preceding subparagraphs, such Acts shall be applied 
     as in effect on the date of the enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1998.'',
       (ii) in paragraph (2)(A)(i)--

       (I) by striking ``2000'' and inserting ``2006'',
       (II) in subclause (II), by adding ``and'' at the end,
       (III) in subclause (IV), by striking ``1999'' and inserting 
     ``2005'', and
       (IV) by striking subclause (III) and redesignating 
     subclause (IV) as subclause (III),

       (iii) in paragraph (2)(A), by striking clause (ii) and 
     inserting the following:
       ``(ii) the credits allowed under section 34 (relating to 
     credit for certain uses of fuel) with respect to fuel used 
     before October 1, 2005.'',
       (iv) in paragraph (3)--

       (I) by striking ``July 1, 2000'' and inserting ``July 1, 
     2006'', and
       (II) by striking the heading and inserting ``Floor stocks 
     refunds'',

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

       (I) in clause (i), by striking ``1998'' and inserting 
     ``2003'', and
       (II) in clause (ii), by adding at the end the following new 
     flush sentence:

     ``In making the determination under subclause (II) for any 
     fiscal year, the Secretary shall not take into account any 
     amount appropriated from the Boat Safety Account in any 
     preceding fiscal year but not distributed.'', and
       (vi) in paragraph (5)(A), by striking ``1998'' and 
     inserting ``2003''.
       (2) Limitation on expenditures.--
       (A) In general.--Section 9503(c) (relating to expenditures 
     from Highway Trust Fund), as amended by subsection (d)(2)(A), 
     is amended by inserting after paragraph (5) the following:
       ``(6) Limitation on expenditures from highway trust fund.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no expenditure shall be made from the Highway Trust Fund 
     unless such expenditure is permitted under a provision of 
     this title. The determination of whether an expenditure is so 
     permitted shall be made without regard to--
       ``(i) any provision of law which is not contained or 
     referenced in this title and which is not contained or 
     referenced in a revenue Act, and
       ``(ii) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this paragraph.
       ``(B) Exception for prior obligations.--Subparagraph (A) 
     shall not apply to any expenditure to liquidate any contract 
     entered into, or for any amount otherwise obligated, in 
     accordance with the provisions of this section before October 
     1, 2003.''.
       (B) Transfer of taxes to trust fund terminated if 
     expenditure limitation violated.--Section 9503(b)(4) 
     (relating to certain taxes not transferred to Highway Trust 
     Fund), as amended by subsection (b)(1)(A)(iv), is amended--
       (i) in subparagraph (E), by striking ``or'' at the end,
       (ii) in subparagraph (F), by striking the period at the end 
     and inserting ``, or'', and
       (iii) by adding at the end the following:
       ``(G) any provision described in paragraph (1) on and after 
     the date of any expenditure not permitted by subsection 
     (c)(6).''.
       (c) Modification of Subsidies for Alcohol Fuels.--
       (1) In general.--Subsection (h) of section 40 (relating to 
     alcohol used as fuel) is amended to read as follows:
       ``(h) Reduced Credit for Ethanol Blenders.--
       ``(1) In general.--In the case of any alcohol mixture 
     credit or alcohol credit with respect to any sale or use of 
     alcohol which is ethanol during calendar years 2001 through 
     2007--
       ``(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied 
     by substituting `the blender amount' for `60 cents',
       ``(B) subsection (b)(3) shall be applied by substituting 
     `the low-proof blender amount' for `45 cents' and `the 
     blender amount' for `60 cents', and
       ``(C) subparagraphs (A) and (B) of subsection (d)(3) shall 
     be applied by substituting `the blender amount' for `60 
     cents' and `the low-proof blender amount' for `45 cents'.
       ``(2) Amounts.--For purposes of paragraph (1), the blender 
     amount and the low-proof blender amount shall be determined 
     in accordance with the following table:


                                                                        
                                                          The low-proof 
   In the case of any sale or use       The blender      blender amount 
       during calendar year:             amount is:            is:      
                                                                        
2001 or 2002.......................     53 cents          39.26 cents   
2003 or 2004.......................     52 cents          38.52 cents   
2005, 2006, or 2007................     51 cents          37.78 cents.''
                                                                        

       (2) Conforming amendments.--
       (A) Section 4041(b)(2) is amended--
       (i) in subparagraph (A)(i), by striking ``5.4 cents'' and 
     inserting ``the applicable blender rate'', and
       (ii) by redesignating subparagraph (C), as amended by 
     subsection (a)(2)(A), as subparagraph (D) and by inserting 
     after subparagraph (B) the following:
       ``(C) Applicable blender rate.--For purposes of 
     subparagraph (A)(i), the applicable blender rate is--
       ``(i) except as provided in clause (ii), 5.4 cents, and
       ``(ii) for sales or uses during calendar years 2001 through 
     2007, \1/10\ of the blender amount applicable under section 
     40(h)(2) for the calendar year in which the sale or use 
     occurs.''.
       (B) Subparagraph (A) of section 4081(c)(4) is amended to 
     read as follows:
       ``(A) General rules.--
       ``(i) Mixtures containing ethanol.--Except as provided in 
     clause (ii), in the case of a qualified alcohol mixture which 
     contains gasoline, the alcohol mixture rate is the excess of 
     the rate which would (but for this paragraph) be determined 
     under subsection (a) over--

       ``(I) in the case of 10 percent gasohol, the applicable 
     blender rate (as defined in section 4041(b)(2)(A)) per 
     gallon,
       ``(II) in the case of 7.7 percent gasohol, the number of 
     cents per gallon equal to 77 percent of such applicable 
     blender rate, and
       ``(III) in the case of 5.7 percent gasohol, the number of 
     cents per gallon equal to 57 percent of such applicable 
     blender rate.

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

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

[[Page S1578]]

       ``(II) in the case of 7.7 percent gasohol, 4.62 cents per 
     gallon, and
       ``(III) in the case of 5.7 percent gasohol, 3.42 cents per 
     gallon.''.

       (C) Section 4081(c)(5) is amended by striking ``5.4 cents'' 
     and inserting ``the applicable blender rate (as defined in 
     section 4041(b)(2)(C))''.
       (D) Section 4091(c)(1) is amended by striking ``13.4 
     cents'' each place it appears and inserting ``the applicable 
     blender amount'' and by adding at the end the following: 
     ``For purposes of this paragraph, the term `applicable 
     blender amount' means 13.3 cents in the case of any sale or 
     use during 2001 or 2002, 13.2 cents in the case of any sale 
     or use during 2003 or 2004, 13.1 cents in the case of any 
     sale or use during 2005, 2006, or 2007, and 13.4 cents in the 
     case of any sale or use during 2008 or thereafter.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2001.
       (d) Elimination of National Recreational Trails Trust 
     Fund.--
       (1) In general.--Section 9511 (relating to National 
     Recreational Trails Trust Fund) is repealed.
       (2) Conforming amendments.--
       (A) Section 9503(c) is amended by striking paragraph (6).
       (B) The table of sections for subchapter A of chapter 98 is 
     amended by striking the item relating to section 9511.
       (e) Aquatic Resources Trust Fund.--
       (1) Extension.--Section 9504(c) (relating to expenditures 
     from Boat Safety Account), as amended by section 9(b) of the 
     Surface Transportation Extension Act of 1997, is amended--
       (A) by striking ``1998'' and inserting ``2004'', and
       (B) by striking ``1988'' and inserting ``the date of the 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998''.
       (2) Limitation on expenditures.--Section 9504 (relating to 
     Aquatic Resources Trust Fund) is amended by redesignating 
     subsection (d) as subsection (e) and by inserting after 
     subsection (c) the following:
       ``(d) Limitation on Expenditures from Trust Fund.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     expenditure shall be made from the Aquatics Resources Trust 
     Fund unless such expenditure is permitted under a provision 
     of this title. The determination of whether an expenditure is 
     so permitted shall be made without regard to--
       ``(A) any provision of law which is not contained or 
     referenced in this title and which is not contained or 
     referenced in a revenue Act, and
       ``(B) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this subsection.
       ``(2) Exception for prior obligations from the boat safety 
     account.--Paragraph (1) shall not apply to any expenditure to 
     liquidate any contract entered into, or for any amount 
     otherwise obligated, in accordance with the provisions of 
     subsection (c) before April 1, 2004.
       ``(3) Transfer of taxes to trust fund terminated if 
     expenditure limitation violated.--For purposes of the second 
     sentence of subsection (a)(2), there shall not be taken into 
     account any amount described in subsection (b)(1), section 
     9503(c)(4), or section 9503(c)(5)(A) on and after the date of 
     any expenditure not permitted by paragraph (1).''.
       (3) Conforming amendments.--Section 9504(b)(2) is amended--
       (A) in subparagraph (A), by striking ``October 1, 1988'' 
     and inserting ``the date of the enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1998'', and
       (B) in subparagraph (B), by striking ``November 29, 1990'' 
     and inserting ``the date of the enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1998''.

     SEC. __003. MASS TRANSIT ACCOUNT.

       (a) In General.--Section 9503(e)(3) (relating to 
     expenditures from Account), as amended by section 9(a)(2) of 
     the Surface Transportation Extension Act of 1997, is 
     amended--
       (1) by striking ``1998'' and inserting ``2003'',
       (2) in subparagraph (A), by striking ``or'' at the end,
       (3) in subparagraph (B), by adding ``or'' at the end, and
       (4) by striking all that follows subparagraph (B) and 
     inserting:
       ``(C) the Intermodal Surface Transportation Efficiency Act 
     of 1998,

     as such sections and Acts are in effect on the date of the 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998.''.
       (b) Conforming Amendment.--Paragraph (4) of section 9503(e) 
     is amended to read as follows:
       ``(4) Limitation.--Rules similar to the rules of subsection 
     (d) shall apply to the Mass Transit Account.''.
       (c) Technical Correction.--
       (1) In general.--Section 9503(e)(2) is amended by striking 
     the last sentence and inserting the following: ``For purposes 
     of the preceding sentence, the term `mass transit portion' 
     means, for any fuel with respect to which tax was imposed 
     under section 4041 or 4081 and otherwise deposited into the 
     Highway Trust Fund, the amount determined at the rate of--
       ``(A) except as otherwise provided in this sentence, 2.86 
     cents per gallon,
       ``(B) 1.43 cents per gallon in the case of any partially 
     exempt methanol or ethanol fuel (as defined in section 
     4041(m)) none of the alcohol in which consists of ethanol,
       ``(C) 1.86 cents per gallon in the case of liquefied 
     natural gas,
       ``(D) 2.13 cents per gallon in the case of liquefied 
     petroleum gas, and
       ``(E) 9.71 cents per MCF (determined at standard 
     temperature and pressure) in the case of compressed natural 
     gas.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the amendment made by 
     section 901(b) of the Taxpayer Relief Act of 1997.

     SEC. __004. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY 
                   INFRASTRUCTURE CONSTRUCTION.

       (a) Treatment as Exempt Facility Bond.--A bond described in 
     subsection (b) shall be treated as described in section 
     141(e)(1)(A) of the Internal Revenue Code of 1986, except 
     that--
       (1) section 146 of such Code shall not apply to such bond, 
     and
       (2) section 147(c)(1) of such Code shall be applied by 
     substituting ``any portion of'' for ``25 percent or more''.
       (b) Bond Described.--
       (1) In general.--A bond is described in this subsection if 
     such bond is issued after the date of the enactment of this 
     Act as part of an issue--
       (A) 95 percent or more of the net proceeds of which are to 
     be used to provide a qualified highway infrastructure 
     project, and
       (B) to which there has been allocated a portion of the 
     allocation to the project under paragraph (2)(C)(ii) which is 
     equal to the aggregate face amount of bonds to be issued as 
     part of such issue.
       (2) Qualified highway infrastructure projects.--
       (A) In general.--For purposes of paragraph (1), the term 
     ``qualified highway infrastructure project'' means a 
     project--
       (i) for the construction or reconstruction of a highway, 
     and
       (ii) designated under subparagraph (B) as an eligible pilot 
     project.
       (B) Eligible pilot project.--
       (i) In general.--The Secretary of Transportation, in 
     consultation with the Secretary of the Treasury, shall select 
     not more than 15 highway infrastructure projects to be pilot 
     projects eligible for tax-exempt financing.
       (ii) Eligibility criteria.--In determining the criteria 
     necessary for the eligibility of pilot projects, the 
     Secretary of Transportation shall include the following:

       (I) The project must serve the general public.
       (II) The project is necessary to evaluate the potential of 
     the private sector's participation in the provision of the 
     highway infrastructure of the United States.
       (III) The project must be located on publicly-owned rights-
     of-way.
       (IV) The project must be publicly owned or the ownership of 
     the highway constructed or reconstructed under the project 
     must revert to the public.
       (V) The project must be consistent with a transportation 
     plan developed pursuant to section 134(g) or 135(e) of title 
     23, United States Code.

       (C) Aggregate face amount of tax-exempt financing.--
       (i) In general.--The aggregate face amount of bonds issued 
     pursuant to this section shall not exceed $15,000,000,000, 
     determined without regard to any bond the proceeds of which 
     are used exclusively to refund (other than to advance refund) 
     a bond issued pursuant to this section (or a bond which is a 
     part of a series of refundings of a bond so issued) if the 
     amount of the refunding bond does not exceed the outstanding 
     amount of the refunded bond.
       (ii) Allocation.--The Secretary of Transportation, in 
     consultation with the Secretary of the Treasury, shall 
     allocate the amount described in clause (i) among the 
     eligible pilot projects designated under subparagraph (B).
       (iii) Reallocation.--If any portion of an allocation under 
     clause (ii) is unused on the date which is 3 years after such 
     allocation, the Secretary of Transportation, in consultation 
     with the Secretary of the Treasury, may reallocate such 
     portion among the remaining eligible pilot projects.
       (c) Report.--
       (1) In general.--Not later than the earlier of--
       (A) 1 year after either \1/2\ of the projects authorized 
     under this section have been identified or \1/2\ of the total 
     bonds allowable for the projects under this section have been 
     issued, or
       (B) 7 years after the date of the enactment of this Act,

     the Secretary of Transportation, in consultation with the 
     Secretary of the Treasury, shall submit the report described 
     in paragraph (2) to the Committees on Finance and on 
     Environment and Public Works of the Senate and the Committees 
     on Ways and Means and on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Contents.--The report under paragraph (1) shall 
     evaluate the overall success of the program conducted 
     pursuant to this section, including--
       (A) a description of each project under the program,
       (B) the extent to which the projects used new technologies, 
     construction techniques, or innovative cost controls that 
     resulted in savings in building the project, and
       (C) the use and efficiency of the Federal tax subsidy 
     provided by the bond financing.

[[Page S1579]]

     SEC. __005. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.

       (a) In General.--Section 4041(a)(1)(C)(ii) (relating to 
     rate of tax on trains) is amended--
       (1) in subclause (II), by striking ``October 1, 1999'' and 
     inserting ``March 1, 1999'', and
       (2) in subclause (III), by striking ``September 30, 1999'' 
     and inserting ``February 28, 1999''.
       (b) Conforming Amendments.--
       (1) Section 6421(f)(3)(B) is amended--
       (A) in clause (ii), by striking ``October 1, 1999'' and 
     inserting ``March 1, 1999'', and
       (B) in clause (iii), by striking ``September 30, 1999'' and 
     inserting ``February 28, 1999''.
       (2) Section 6427(l)(3)(B) is amended--
       (A) in clause (ii), by striking ``October 1, 1999'' and 
     inserting ``March 1, 1999'', and
       (B) in clause (iii), by striking ``September 30, 1999'' and 
     inserting ``February 28, 1999''.

     SEC. __006. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN 
                   LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION 
                   FRINGE BENEFITS.

       (a) No Constructive Receipt.--
       (1) In general.-- Paragraph (4) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(4) No constructive receipt.--No amount shall be included 
     in the gross income of an employee solely because the 
     employee may choose between any qualified transportation 
     fringe and compensation which would otherwise be includible 
     in gross income of such employee.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     1997.
       (b) Increase in maximum exclusion for employer-provided 
     transit passes.--
       (1) In general.--Subparagraph (A) of section 132(f)(2) 
     (relating to limitation on exclusion) is amended by striking 
     ``$60'' and inserting ``$100''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2001.
       (c) No Inflation Adjustment for 1999.--
       (1) In general.--Paragraph (6) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(6) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 1999, the dollar 
     amounts contained in subparagraphs (A) and (B) of paragraph 
     (2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 1998' for 
     `calendar year 1992'.

     If any increase determined under the preceding sentence is 
     not a multiple of $5, such increase shall be rounded to the 
     next lowest multiple of $5.''.
       (2) Conforming amendment.--Section 132(f)(2)(B) is amended 
     by striking ``$155'' and inserting ``$175''.
       (3) Effective Date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     1998.
       (d) Conforming Inflation Adjustment.--
       (1) In general.--Paragraph (6) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(6) Inflation adjustment.--
       ``(A) Adjustment to qualified parking limitation.--In the 
     case of any taxable year beginning in a calendar year after 
     1999, the dollar amount contained in paragraph (2)(B) shall 
     be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 1998' for 
     `calendar year 1992'.
       ``(B) Adjustment to other qualified transportation fringes 
     limitation.--In the case of any taxable year beginning in a 
     calendar year after 2002, the dollar amount contained in 
     paragraph (2)(A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2001' for 
     `calendar year 1992'.
       ``(c) Rounding.--If any increase determined under 
     subparagraph (A) or (B) is not a multiple of $5, such 
     increase shall be rounded to the next lowest multiple of 
     $5.''.
       (2) Effective Date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2002.

     SEC. __007. TAX TREATMENT OF CERTAIN FEDERAL PARTICIPATION 
                   PAYMENTS.

       For purposes of the Internal Revenue Code of 1986, with 
     respect to any Federal participation payment to a taxpayer in 
     any taxable year made under section 149(e) of title 23, 
     United States Code, as added by section 1502, to the extent 
     such payment is not subject to tax under such Code for the 
     taxable year--
       (1) no credit or deduction (other than a deduction with 
     respect to any interest on a loan) shall be allowed to the 
     taxpayer with respect to any property placed in service or 
     other expenditure that is directly or indirectly attributable 
     to the payment, and
       (2) the basis of any such property shall be reduced by the 
     portion of the cost of the property that is attributable to 
     the payment.

     SEC. __008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR 
                   APPROVED DIESEL OR KEROSENE TERMINALS.

       Subsection (f) of section 1032 of the Taxpayer Relief Act 
     of 1997 is amended to read as follows:
       ``(f) Effective Dates.--
       ``(1) Except as provided in paragraph (2), the amendments 
     made by this section shall take effect on July 1, 1998.
       ``(2) The amendment made by subsection (d) shall take 
     effect on July 1, 2000.''.
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 1760

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

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

     SEC. 34____. MOTOR CARRIER SAFETY PERMITS.

       Section 5109 of title 49, United States Code, is amended--
       (1) in subsection (c), by inserting ``annual'' before 
     ``application with'';
       (2) in subsection (e)(2), by striking ``duration, terms,'' 
     and inserting ``terms'';
       (3) by redesignating subsection (h) as subsection (i); and
       (4) by inserting after subsection (g) the following:
       ``(h) Duration.--A safety permit issued under this section 
     shall be effective for a period of 1 year.''.
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 1761

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

       At the end of the amendment, add the following:
                     TITLE ____--QUIET COMMUNITIES

     SEC. ____01. SHORT TITLE.

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

     SEC. ____02. FINDINGS.

       Congress finds that--
       (1)(A) for too many citizens of the United States, noise 
     from aircraft, vehicular traffic, and a variety of other 
     sources is a constant source of torment; and
       (B) nearly 20,000,000 citizens of the United States are 
     exposed to noise levels that can lead to psychological and 
     physiological damage, and another 40,000,000 people are 
     exposed to noise levels that cause sleep or work disruption;
       (2)(A) chronic exposure to noise has been linked to 
     increased risk of cardiovascular problems, strokes, and 
     nervous disorders; and
       (B) excessive noise causes sleep deprivation and task 
     interruptions, which pose untold costs on society in 
     diminished worker productivity;
       (3)(A) to carry out the Clean Air Act of 1970 (42 U.S.C. 
     7401 et seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 
     et seq.), and the Quiet Communities Act of 1978 (Public Law 
     95-609; 92 Stat. 3079), the Administrator of the 
     Environmental Protection Agency established an Office of 
     Noise Abatement and Control;
       (B) the responsibilities of the Office of Noise Abatement 
     and Control included promulgating noise emission standards, 
     requiring product labeling, facilitating the development of 
     low emission products, coordinating Federal noise reduction 
     programs, assisting State and local abatement efforts, and 
     promoting noise education and research; and
       (C) funding for the Office of Noise Abatement and Control 
     was terminated in 1982 and no funds have been provided since;
       (4) because the Administrator of the Environmental 
     Protection Agency remains responsible for enforcing 
     regulations issued under the Noise Control Act of 1972 (42 
     U.S.C. 4901 et seq.) even though funding for the Office of 
     Noise Abatement and Control has been terminated, and because 
     that Act prohibits State and local governments from 
     regulating noise sources in many situations, noise abatement 
     programs across the United States lie dormant;
       (5) as the population grows and air and vehicle traffic 
     continues to increase, noise pollution is likely to become an 
     even greater problem in the future; and
       (6) the health and welfare of the citizens of the United 
     States demands that the Environmental Protection Agency once 
     again assume a role in combating noise pollution.

     SEC. ____03. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND 
                   CONTROL.

       (a) Reestablishment.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency shall reestablish an Office of Noise 
     Abatement and Control (referred to in this title as the 
     ``Office'').
       (2) Responsibilities.--The Office shall be responsible 
     for--
       (A) coordinating Federal noise abatement activities;
       (B) updating or developing noise standards;
       (C) providing technical assistance to local communities; 
     and
       (D) promoting research and education on the impacts of 
     noise pollution.
       (3) Emphasized approaches.--The Office shall emphasize 
     noise abatement approaches that rely on State and local 
     activity, market incentives, and coordination with other 
     public and private agencies.
       (b) Study.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall submit a study on airport

[[Page S1580]]

     noise to Congress and the Federal Aviation Administration.
       (2) Areas of study.--The study shall--
       (A) examine the Federal Aviation Administration's selection 
     of noise measurement methodologies;
       (B) the threshold of noise at which health impacts are 
     felt; and
       (C) the effectiveness of noise abatement programs at 
     airports around the United States.
       (3) Recommendations.--The study shall include specific 
     recommendations to the Federal Aviation Administration on new 
     measures that should be implemented to mitigate the impact of 
     aircraft noise on surrounding communities.

     SEC. ____04. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title--
       (1) $5,000,000 for each of fiscal years 1999 through 2001; 
     and
       (2) $8,000,000 for each of fiscal years 2002 and 2003.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1762

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

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

     ``SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

       The following sums are authorized to be appropriated out of 
     the Highway Trust Fund (other than the Mass Transit Account):
       (1) Consolidated State Highway Safety Programs--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, Untied States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsections (l) and (m) of 
     that section--
       (i) $166,700,000 for fiscal year 1998;
       (ii) $166,700,000 for fiscal year 1999;
       (iii) $166,700,000 for fiscal year 2000;
       (iv) $166,700,000 for fiscal year 2001;
       (v) $166,700,000 for fiscal year 2002; and
       (vi) $171,034,000 for fiscal year 2003.
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of section 402(l) 
     of title 23, United States Code, by the National Highway 
     Traffic Safety Administration--
       (i) $44,000,000 for fiscal year 1998;
       (ii) $39,000,000 for fiscal year 1999;
       (iii) $39,000,000 for fiscal year 2000;
       (iv) $39,000,000 for fiscal year 2001;
       (v) $49,000,000 for fiscal year 2002; and
       (vi) $50,170,000 for fiscal year 2003.
       Amounts made available to carry out section 402(l) of title 
     23, United States Code, are authorized to remain available 
     until expended, provided that, in each fiscal year the 
     Secretary may reallocate any amounts remaining available 
     under section 402(l) of section 402 of title 23, United 
     States Code, to subsections (m) and (n) of section 402 and of 
     section 410 of title 23, United States Code, as necessary to 
     ensure, to the maximum extent possible, that States may 
     receive the maximum incentive funding for which they are 
     eligible under these programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of section 410 of title 23, United States 
     Code, by the National Highway Traffic Safety Administration--
       (i) $20,000,000 for fiscal year 1998;
       (ii) $20,000,000 for fiscal year 1999;
       (iii) $20,000,000 for fiscal year 2000;
       (iv) $20,000,000 for fiscal year 2001;
       (v) $22,000,000 for fiscal year 2002; and
       (vi) $22,312,000 for fiscal year 2003.
       Amounts made available to carry out section 410 of title 
     23, United States Code, are authorized to remain available 
     until expended, provided that, in each fiscal year the 
     Secretary may reallocate any amounts remaining available 
     under section 410 of title 23, United States Code, to 
     subsections (l), (m), and (n) of section 402 of title 23, 
     United States Code, as necessary to ensure, to the maximum 
     extent possible, that States may receive the maximum 
     incentive funding for which they are eligible under these 
     programs.
       (D) To carry out the State highway safety data improvements 
     incentive grant provisions of section 402(m) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration--
       (i) $12,000,000 for fiscal year 1998;
       (ii) $12,000,000 for fiscal year 1999;
       (iii) $12,000,000 for fiscal year 2000; and
       (iv) $12,000,000 for fiscal year 2001.
       Amounts made available to carry out section 402(m) of title 
     23, United States Code, are authorized to remain available 
     until expended.
       (E) To carry out the drugged driving countermeasures 
     incentive grant provisions of subsection (n) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $5,000,000 for each of fiscal years 1999, 
     2000, 2001, 2002, and $5,130,000 for fiscal year 2003. 
     Amounts made available to carry out subsection (n) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (n) to subsection (l) 
     and (m) of section 402 and of section 410 of title 23, United 
     States Code, as necessary to ensure, to the maximum extent 
     possible, that States may receive the maximum incentive 
     funding for which they are eligible under these programs.
       (2) Section 403 Highway Safety Research and Development.--
     For carrying out the functions of the Secretary, by the 
     National Highway Traffic Safety Administration, for highway 
     safety research and development under section 403 of title 
     23, United States Code, there are authorized to be 
     appropriated $73,100,000 for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003.
       (3) Public Education Effort.--Out of funds made available 
     for carrying out programs under section 403 of title 23, 
     United States Code, for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003, the Secretary of Transportation 
     shall obligate at least $500,000 to educate the motoring 
     public on how to share the road safely with commercial motor 
     vehicles.
       (4) National Driver Register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration--
       (A) $2,300,000 for fiscal year 1998;
       (B) $2,300,000 for fiscal year 1999;
       (C) $2,300,000 for fiscal year 2000;
       (D) $2,300,000 for fiscal year 2001;
       (E) $2,300,000 for fiscal year 2002; and
       (F) $2,360,000 for fiscal year 2003.''.
                                 ______
                                 

                  ENZI (AND THOMAS) AMENDMENT NO. 1763

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

       At the appropriate place, insert:

     SEC. 6016. FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED 
                   ASPHALTS.

       (a) Studies.--The Administrator of the Federal Highway 
     Administration (hereinafter in this section referred to as 
     the ``Administrator'') shall conduct studies of the 
     fundamental chemical property and physical property of 
     petroleum asphalts and modified asphalts used in highway 
     construction in the United States. Such studies shall 
     emphasize predicting pavement performance from the 
     fundamental and rapidly measurable properties of asphalts and 
     modified asphalts. The administrator shall conduct studies 
     that further emphasize development of methods that address 
     performance variables that are not part of the current 
     superpave binder specification.
       (b) Contracts.--To carry out the studies under subsection 
     (a), the Administrator shall enter into contracts with the 
     Western Research Institute of the University of Wyoming in 
     order to conduct the necessary technical and analytical 
     research in coordination with existing programs which 
     evaluate actual performance of asphalts and modified asphalts 
     in roadways, including the Strategic Highway Research 
     Program.
       (c) Activities of Studies.--The studies under subsection 
     (a) shall include the following activities:
       (1) Fundamental composition studies.
       (2) Fundamental physical and rheological property studies.
       (3) Asphalt-aggregate interaction studies.
       (4) Coordination of composition studies, physical and 
     rheological property studies, and asphalt-aggregate 
     interaction studies for the purposes of predicting pavement 
     performance, including refinements of Strategic Highway 
     Research Program specifications.
       (5) Asphalt-water interaction studies.
       (6) Asphalt-aggregate thin film behavior.
       (d) Test Strip.--
       (1) Implementation.--The Administrator, in coordination 
     with the Western Research Institute of the University of 
     Wyoming, shall implement a test strip for the purpose of 
     demonstrating and evaluating the unique energy and 
     environmental advantages of using shale oil modified asphalts 
     under extreme climatic conditions. In implementing this 
     project, the Administrator shall continue necessary 
     monitoring of the performance of the test strip.
       (2) Report to congress.--Not later than November 30, 2003, 
     the Administrator shall transmit to Congress as part of a 
     report under subsection (e) the Administrator's findings on 
     activities conducted under this subsection, including an 
     evaluation of the test strip implemented under this 
     subsection and recommendations for legislation to establish a 
     national program to support United States transportation and 
     energy security requirements.
       (e) Annual Report to Congress.--Not later than 180 days 
     after the date of the enactment of this Act, and on or before 
     November 30 of each year beginning thereafter, the 
     Administrator shall transmit to Congress a report of the 
     progress made in implementing this Section.
       (f) Authorization of Appropriations.--The Secretary shall 
     expend from administrative and research funds deducted under 
     section 104(a) of this title at least $3,000,000 for each of 
     fiscal years 1998 through 2003 to carry out subsection (b).
                                 ______
                                 

                    INHOFE AMENDMENTS NOS. 1764-1765

  (Ordered to lie on the table.)
  Mr. INHOFE submitted two amendments intended to be proposed by him

[[Page S1581]]

to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1764

       At the appropriate place, insert the following:

     SEC. ____. ALLOCATION OF MASS TRANSIT ACCOUNT FUNDS.

       (a) Minimum Allocation.--The Secretary of Transportation 
     shall take such actions as may be necessary to ensure that, 
     in each fiscal year, each State's percentage of the total 
     apportionments to all States from the Mass Transit Account of 
     the Highway Trust Fund established by section 9503 of the 
     Internal Revenue Code of 1986 is not less than 80 percent of 
     the State's estimated tax payment attributable to highway 
     users in the State paid into that Account in the most recent 
     year for which data are available.
       (b) Applicability.--Subsection (a) does not apply to any 
     State whose contribution to the Mass Transit Account of the 
     Highway Trust Fund established by section 9503 of the 
     Internal Revenue Code of 1986 in the applicable fiscal year 
     is greater than or equal to $50,000,000.
                                                                    ____


                           Amendment No. 1765

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

     SEC. 18____. NATURAL GAS FUELING STATIONS.

       (a) In General.--Notwithstanding section 5323(j) of title 
     49, United States Code, or any other provision of law, a 
     compressor or dispenser used in a fueling station for 
     vehicles that are powered by compressed natural gas shall be 
     treated as a manufactured good produced in the United States 
     within the meaning of section 5323(j) of title 49, United 
     States Code, if the final substantial transformation into a 
     compressor or dispenser occurs in the United States.
       (b) Definitions.--In this section:
       (1) Compressor or dispenser.--The term ``compressor or 
     dispenser'' includes a compressor, compressor block, 
     dispenser, and disk valve.
       (2) Substantial transformation.--The term ``substantial 
     transformation'' means the transformation by manufacturing, 
     processing, or assembly of a compressor or dispenser, with 
     the use of manufactured components, assemblies, or parts 
     produced in the United States, into a compressor or dispenser 
     suitable for use in a fueling station for vehicles powered by 
     compressed natural gas.
       (c) Effective Date.--The provisions of this section apply 
     to articles entered, or withdrawn from a warehouse for 
     consumption, on or after October 1, 1998, and before October 
     1, 2003.
                                 ______
                                 

               MURKOWSKI (AND OTHERS) AMENDMENT NO. 1766

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

       At the appropriate place, insert the following:

     SEC.  . REAUTHORIZATION OF FERRY AND FERRY TERMINAL PROGRAM.

       Section 1064(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by 
     striking ``$14,000,000'' and all that follows through 
     ``fiscal year 1997'' and inserting in lieu thereof 
     ``$50,000,000 for each of fiscal years 1998, 1999, 2000, 
     2001, 2002, and 2003.''

     SEC.  . FERRY AND FERRY TERMINAL LOAN GUARANTEE PROGRAM.

       (a) In General.--The Secretary of Transportation may 
     guarantee, or make a commitment to guarantee, the payment of 
     the principal of, and the interest on, an obligation for the 
     construction of ferry boats engaged in the transportation of 
     passengers or passengers and vehicles in the United States or 
     its possessions and of ferry terminal facilities.
       (b) Applicable Laws, Etc.--The requirements for guarantees 
     and commitments under title XI of the Merchant Marine Act, 
     1936 (46 U.S.C. App. 1271 et seq.) shall apply to the extent 
     reasonable to guarantees or commitments made under this 
     section, except that the Secretary shall by rule provide a 
     simplified application and compliance process for guarantees 
     and commitments under this section.
       (c) Authorization.--There are authorized to be appropriated 
     for the purposes of carrying out this section $10,000,000 in 
     each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.

     SEC.  . REPORT ON UTILIZATION POTENTIAL.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study of ferry transportation in the United States and its 
     possessions--
       (1) to identify existing ferry operations, including--
       (A) the locations and routes served;
       (B) the name, United States official number, and a 
     description of each vessel operated as a ferry;
       (C) the source and amount, if any, of funds derived from 
     Federal, State, or local government sources supporting ferry 
     construction or operations;
       (D) the impact of ferry transportation on local and 
     regional economies; and
       (E) the potential for use of high-speed ferry services.
       (2) identify potential domestic ferry routes in the United 
     States and its possessions and to develop information on 
     those routes, including--
       (A) locations and routes that might be served;
       (B) estimates of capacity required;
       (C) estimates of capital costs of developing these routes;
       (D) estimates of annual operating costs for these routes;
       (E) estimates of the economic impact of these routes on 
     local and regional economies; and
       (F) the potential for use of high-speed ferry services.
       (b) Report.--The Secretary shall report the results of the 
     study under subsection (a) within 1 year after the date of 
     enactment of this Act to the Committee on Commerce, Science, 
     and Transportation of the United States Senate and the 
     Committee on Transportation and Infrastructure of the United 
     States House of Representatives.
       (c) After reporting the results of the study required by 
     paragraph (b), the Secretary of Transportation shall meet 
     with the relevant state and municipal planning organizations 
     to discuss the results of the study and the availability of 
     resources, both federal and state, for providing marine ferry 
     service.
                                 ______
                                 

            MURKOWSKI (AND OTHERS) AMENDMENTS NOS. 1767-1768

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

                           Amendment No. 1767

       At the appropriate place, insert the following:

     SEC.   . FERRY AND FERRY TERMINAL LOAN GUARANTEE PROGRAM.

       (a) In General.--The Secretary of Transportation may 
     guarantee, or make a commitment to guarantee, the payment of 
     the principal of, and the interest on, an obligation for the 
     construction of ferry boats engaged in the transportation of 
     passengers or passengers and vehicles in the United States or 
     its possessions and of ferry terminal facilities.
       (b) Applicable Laws, Etc.--The requirements for guarantees 
     and commitments under title XI of the Merchant Marine Act, 
     1936 (46 U.S.C. App. 1271 et seq.) shall apply to the extent 
     reasonable to guarantees or commitments made under this 
     section, except that the Secretary shall by rule provide a 
     simplified application and compliance process for guarantees 
     and commitments under this section, which insofar as 
     practicable results in reduced costs to the applicant.
       (c) Authorization.--There are authorized to be appropriated 
     for the purposes of carrying out this section $10,000,000 in 
     each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.
                                                                    ____


                           Amendment No. 1768

       At the appropriate place, insert the following:

     SEC.   . REAUTHORIZATION OF FERRY AND FERRY TERMINAL PROGRAM.

       Section 1064(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by 
     striking ``$14,000,000'' and all that follows through 
     ``fiscal year 1997'' and inserting in lieu thereof 
     ``$50,000,000 for each of fiscal years 1998, 1999, 2000, 
     2001, 2002, and 2003''.

     SEC.   . REPORT ON UTILIZATION POTENTIAL.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study of ferry transportation in the United States and its 
     possessions--
       (1) to identify existing ferry operations, including--
       (A) the locations and routes served;
       (B) the name, United States official number, and a 
     description of each vessel operated as a ferry;
       (C) the source and amount, if any, of funds derived from 
     Federal, State, or local government sources supporting ferry 
     construction or operations;
       (D) the impact of ferry transportation on local and 
     regional economies; and
       (E) the potential for use of high-speed ferry services.
       (2) identify potential domestic ferry routes in the United 
     States and its possessions and to develop information on 
     those routes, including--
       (A) locations and routes that might be served;
       (B) estimates of capacity required;
       (C) estimates of capital costs of developing these routes;
       (D) estimates of annual operating costs for these routes;
       (E) estimates of the economic impact of these routes on 
     local and regional economies; and
       (F) the potential for use of high-speed ferry services.
       (b) Report.--The Secretary shall report the results of the 
     study under subsection (a) within 1 year after the date of 
     enactment of this Act to the Committee on Commerce, Science, 
     and Transportation of the United States Senate and the 
     Committee on Transportation and Infrastructure of the United 
     States House of Representatives.

[[Page S1582]]

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

           MURKOWSKI (AND STEVENS) AMENDMENTS NOS. 1769-1770

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

                           Amendment No. 1769

       On page 269, line 2, insert ``(a) In General.--'' before 
     ``Section''.
       On page 278, between lines 14 and 15, insert the following:
       (b) Redundant Metropolitan Transportation Planning 
     Requirements.--
       (1) Finding.--Congress finds that certain major investment 
     study requirements under section 450.318 of title 23, Code of 
     Federal Regulations, are redundant to the planning and 
     project development processes required under other provisions 
     in titles 23 and 49, United States Code.
       2. Streamlining.--
       (A) In general.--The Secretary shall streamline the Federal 
     transportation planning and NEPA decision process 
     requirements for all transportation improvements supported 
     with Federal surface transportation funds or requiring 
     Federal approvals, with the objective of reducing the number 
     of documents required and better integrating required 
     analyses and findings wherever possible.
       (B) Requirements.--The Secretary shall amend regulations as 
     appropriate and develop procedures to--
       (i) eliminate, within six months of the date of enactment 
     of this section, the major investment study under section 
     450.318 of title 23, Code of Federal Regulations, as a stand-
     alone requirement independent of other transportation 
     planning requirements, and integrate those components of the 
     major investment study procedure which are not duplicated 
     elsewhere with other transportation planning requirements, 
     provided that in integrating such requirements, the Secretary 
     shall not apply such requirements to any project which 
     previously would not have been subject to section 450.318 of 
     title 23, Code of Federal Regulations;
       (ii) eliminate stand-alone report requirements wherever 
     possible;
       (iii) prevent duplication by drawing on the products of the 
     planning process in the completion of all environmental and 
     other project development analyses;
       (iv) reduce project development time by achieving to the 
     maximum extent practicable a single public interest decision 
     process for Federal environmental analyses and clearances; 
     and
       (v) expedite and support all phases of decisionmaking by 
     encouraging and facilitating the early involvement of 
     metropolitan planning organizations, State departments of 
     transportation, transit operators, and Federal and State 
     environmental resource and permit agencies throughout the 
     decisionmaking process.
       (3) Savings clause.--Nothing in this subsection shall 
     effect the responsibility of the Secretary to conform review 
     requirements for transit projects under the National 
     Environmental Policy Act of 1969 to comparable requirements 
     under such Act applicable to highway projects.
                                                                    ____


                           Amendment No. 1770

       Insert at the end of section 11(e) the following:
       (4) Distribution of funds.--
       (A) Parkways, parks, wildlife refuges.--Of the amounts made 
     available under paragraph (1)(B) for parkways and park roads, 
     and public roads to and within the National Wildlife Refuge 
     System, not less than half shall be made available to States 
     in direct proportion to the percentages of lands within the 
     National Park System, and lands within the National Wildlife 
     Refuge System, respectively, within each State.
       (B) Public lands.--Of the amounts made available under 
     paragraph (1)(C) for public lands highways, not less than 
     half shall be made available to States in direct proportion 
     to the percentage of all public lands within each State.
                                 ______
                                 

                  McCONNELL AMENDMENTS NOS. 1771-1772

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

                           Amendment No. 1771

       On page 79, between lines 13 and 14, insert the following:
       (e) Compliance With Court Orders.--Nothing in this section 
     limits the eligibility of an entity or person to receive 
     funds made available by this Act, if the entity or person is 
     prevented, in whole or in part, from complying with 
     subsection (a) by order of a Federal or State court.
                                                                    ____


                           Amendment No. 1772

       On page 79, between lines 13 and 14, insert the following:
       (e) Compliance With Court Orders.--Nothing in this section 
     limits the eligibility of an entity or person to receive 
     funds made available by this Act, if the entity or person is 
     prevented, in whole or in part, from complying with 
     subsection (a) by order of a Federal or State court.
       (f) Review by Comptroller General.--The Comptroller General 
     of the United States shall conduct a biennial review of, and 
     publish findings and conclusions on, the impact throughout 
     the United States of administering the requirement of 
     subsection (a), including an analysis of--
       (1) the annual gross receipts of small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals;
       (2) the distribution of the sums required to be expended 
     under subsection (a) among such small business concerns;
       (3) the net worth of socially and economically 
     disadvantaged individuals that control such small business 
     concerns;
       (4) the rate of graduation from any programs carried out to 
     comply with the requirement of subsection (a) for such small 
     business concerns; and
       (5) the overall cost of administering the requirement of 
     subsection (a), including administrative costs, certification 
     costs, additional construction costs, and litigation costs.
                                 ______
                                 

             BENNETT (AND HATCH) AMENDMENTS NOS. 1773-1774

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

                           Amendment No. 1773

       At the appropriate place, insert the following new section:

     SEC. ____. OLYMPIC AND PARALYMPIC AIRPORT DEVELOPMENT 
                   PROJECTS.

       (a) Airport Development Defined.--Section 47102(3) of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(H) Developing, in coordination with State and local 
     transportation agencies, intermodal transportation plans 
     necessary for Olympic-related projects at an airport.''.
       (b) Discretionary Grants.--Section 47115(d) of title 49, 
     United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) the need for the project in order to meet the unique 
     demands of hosting international quadrennial Olympic or 
     Paralympic events.''.
                                                                    ____


                           Amendment No. 1774

       At the appropriate place, insert the following:

     SEC. ____. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

       (a) Purpose; Definitions.--
       (1) Purpose.--The purpose of this section is to provide 
     assistance and support to State and local efforts on surface 
     and aviation-related transportation issues necessary to 
     obtain the national recognition and economic benefits of 
     participation in the International Olympic movement and the 
     International Paralympic movement by hosting international 
     quadrennial Olympic and Paralympic events in the United 
     States.
       (2) Definition.--In this section, the term ``Secretary'' 
     means the Secretary of Transportation.
       (b) Priority for Transportation Projects Related to Olympic 
     and Paralympic Events.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary may give priority to funding for a mass 
     transportation project related to an international 
     quadrennial Olympic or Paralympic event occurring in the 
     United States, to carry out 1 or more of sections 5303, 5307, 
     and 5309 of title 49, United States Code, if the project--
       (A) in the determination of the Secretary, will meet 
     extraordinary transportation needs associated with an 
     international quadrennial Olympic or Paralympic event; and
       (B) is otherwise eligible for assistance under the section 
     at issue.
       (2) Contractual obligation.--A grant or a contract for a 
     project described in paragraph (1), approved by the Secretary 
     and funded with amounts made available under this subsection, 
     is a contractual obligation to pay the Government's share of 
     the cost of the project.
       (3) Non-federal share.--For purposes of determining the 
     non-Federal share of a project funded under this subsection, 
     highway and transit projects shall be considered to be a 
     program of projects.
       (4) Authorization.--There are authorized to be made 
     available from the Mass Transit Account of the Highway Trust 
     Fund such sums as may be necessary to carry out this 
     subsection.
       (c) Transportation Planning Activities.--Notwithstanding 
     any other provision of law, the Secretary may participate 
     in--
       (1) planning activities of State and metropolitan planning 
     organizations, and project

[[Page S1583]]

     sponsors, for a transportation project related to an 
     international quadrennial Olympic or Paralympic event under 
     sections 5303 and 5305a of title 49, United States Code; and
       (2) developing intermodal transportation plans necessary 
     for transportation projects described in paragraph (1), in 
     coordination with State and local transportation agencies.
       (d) Transportation Projects Related to Olympic and 
     Paralympic Events.--
       (1) General authority.--The Secretary may provide 
     assistance under this section to State and local governments, 
     and an Olympic Organizing Committee responsible for hosting 
     an international quadrennial Olympic or Paralympic event, in 
     carrying out transportation projects related to an 
     international quadrennial Olympic or Paralympic event. Such 
     assistance may include planning, capital, and operating 
     assistance.
       (2) Non-federal share.--The Federal share of the costs of 
     any transportation project assisted under this subsection 
     shall not exceed 80 percent of the total cost of the project. 
     For purposes of determining the non-Federal share of a 
     project assisted under this subsection, highway and transit 
     projects shall be considered to be a program of projects.
       (e) Eligible Governments.--A State or local government is 
     eligible to receive assistance under this section only if it 
     is hosting a venue that is part of an international 
     quadrennial Olympics that is officially selected by the 
     International Olympic Committee.
       (f) Grant or Contract Terms and Conditions.--
       (1) In general.--Notwithstanding any other provision of 
     law, but subject to paragraph (2) of this subsection, 
     assistance under this section shall be subject to such terms 
     and conditions as the Secretary may determine, including the 
     waiver of any planning and procurement requirements under 
     sections 5304, 5325, and 5326 of title 49, United States 
     Code.
       (2) Limitations on waiver authority.--Assistance granted 
     under this section shall be subject to (and the Secretary may 
     not waive)--
       (1) the policy goals stated in--
       (A) section 5301(e) of title 49, United States Code, 
     relating to protection of the environment; and
       (B) section 5301(d) of title 49, United States Code, 
     relating to elderly individuals and individuals with 
     disabilities; and
       (2) the requirements of--
       (A) section 5324(b) of title 49, United States Code, 
     relating to economic, social, and environmental interests;
       (B) section 5310(f) of title 49, United States Code, 
     relating to elderly individuals and individuals with 
     disabilities; and
       (C) section 5333(b) of title 49, United States Code, 
     relating to employee protective arrangements.
       (g) Use of Appropriations.--From amounts made available to 
     carry out sections 5303, 5307, and 5309 of title 49, United 
     States Code, in each of fiscal years 1998 through 2003, the 
     Secretary may use such amounts as may be necessary to carry 
     out this section.
                                 ______
                                 

                  LAUTENBERG AMENDMENTS NOS. 1775-1779

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

                           Amendment No. 1775

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

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

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Light truck.--The term ``light truck'' means a truck or 
     a multipurpose passenger vehicle, with a gross vehicle weight 
     rating of 8,500 pounds or less.
       (3) Multipurpose passenger vehicle.--The term 
     ``multipurpose passenger vehicle'' means a motor vehicle with 
     motive power, except a trailer that--
       (A) is designed to carry 10 persons or less; and
       (B) is constructed--
       (i) on a truck chassis; or
       (ii) with special features for occasional off-road 
     operation.
       (4) Truck.--The term ``truck'' means a motor vehicle with 
     motive power, except a trailer, designed primarily for the 
     transportation of property or special purpose equipment.
       (b) Study of Light Truck Safety.--
       (1) In general.--The Secretary shall--
       (A) accelerate current research on the results of 
     collisions between light trucks and passenger cars; and
       (B) conduct a comprehensive study of the safety risks posed 
     to occupants of light trucks in single vehicle collisions.
       (2) Requirements for study.--The study conducted by the 
     Secretary under this subsection--
       (A)(i) shall include crash tests to evaluate the degree to 
     which the height, weight, and other characteristics of light 
     trucks may present a risk of injury to occupants of passenger 
     cars and light trucks;
       (ii) shall evaluate the need to establish rollover safety 
     standards for light trucks; and
       (iii) may incorporate such other research and information 
     as the Secretary considers to be necessary; and
       (B) shall evaluate the degree to which changing the 
     characteristics of light trucks may reduce the risk of injury 
     to occupants--
       (i) of passenger cars involved in collisions with light 
     trucks;
       (ii) of light trucks involved in the collisions referred to 
     in clause (i); and
       (iii) of light trucks in single vehicle collisions.
       (3) Rulemaking.--Not later than October 1, 2001, the 
     Secretary shall issue an advance notice of proposed 
     rulemaking pursuant to chapter 301 of title 49, United States 
     Code, to consider changing the height, weight, or other 
     characteristics of light trucks to improve the safety of 
     occupants of passenger cars in collisions referred to in 
     paragraph (2)(B)(i) and the safety of occupants of light 
     trucks in collisions referred to in clauses (ii) and (iii) of 
     paragraph (2)(B), to take into consideration the information 
     obtained through the study conducted under this subsection.
       (4) Funding.--The Secretary shall use funds made available 
     by appropriations for the purpose of carrying out chapter 301 
     of title 49, United States Code, to conduct the study under 
     this subsection.
       (c) Study of Light Truck Fuel Economy; Regulations.--
       (1) In general.--
       (A) Study.--The Administrator shall conduct a study to 
     assess the need, as a result of increases in emissions of 
     gases that contribute to global warming and that are 
     attributable to the increased use of light trucks, for 
     providing for more stringent fuel economy standards for 
     fleets of light trucks than are provided for under applicable 
     law.
       (B) Regulations.--On the basis of the results of the study 
     conducted under subparagraph (A), the Administrator shall 
     issue regulations to establish carbon dioxide emissions 
     standards for light trucks in a manner consistent with 
     subsection (d).
       (2) Repeal exemption for light trucks from gas guzzler 
     excise tax.--
       (A) In general.--Section 4064(b)(1) of the Internal Revenue 
     Code of 1986 (defining automobile) is amended--
       (i) in subparagraph (A)--

       (I) in clause (ii), by striking ``6,000 pounds'' and 
     inserting ``8,500 pounds''; and
       (II) by adding at the end the following: ``In the case of a 
     light truck (as that term is defined in section 31____(a)(2) 
     of the Intermodal Surface Transportation Efficiency Act of 
     1998), clause (ii) shall be applied by substituting `gross 
     vehicle weight' for `unloaded gross vehicle weight'.'';

       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B).
       (B) Effective date.--The amendments made by subparagraph 
     (A) shall apply to sales occurring after the date of 
     enactment of this Act.
       (3) Funding.--There is authorized to be appropriated, from 
     amounts in the general fund in the Treasury resulting from 
     the amendments made by paragraph (2), such sums as are 
     necessary to conduct the study under this subsection.
       (d) Regulations.--
       (1) In general.--Subject to paragraph (2), the 
     Administrator shall issue regulations that provide for 
     revised emissions standards for light trucks (including such 
     emissions as the Administrator determines to be appropriate) 
     to ensure that all light trucks are covered by emission 
     standards with respect to model years commencing after 
     January 1, 2001.
       (2) Certain light trucks.--Nothing in this subsection is 
     intended to affect any regulation issued by the Administrator 
     with respect to any light truck on the basis of the study 
     described in section 202(i) of the Clean Air Act (42 U.S.C. 
     7521(i)).
                                                                    ____

  


                           Amendment No. 1776

       Strike pages 10 through 29 and insert the following:

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total cost to resurface, restore, rehabilitate, 
     and reconstruct deficient bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total cost to resurface, restore, rehabilitate, 
     and reconstruct deficient bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

[[Page S1584]]

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total cost to resurface, restore, rehabilitate, 
     and reconstruct deficient bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total cost to resurface, restore, rehabilitate, 
     and reconstruct deficient bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total cost to resurface, restore, rehabilitate, 
     and reconstruct deficient bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total cost to resurface, restore, rehabilitate, 
     and reconstruct deficient bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--

[[Page S1585]]

       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       (II) under section 204 for the Federal Lands Highways 
     Program, under section 207 for the Cooperative Federal Lands 
     Transportation Program, and under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. App.) 
     for the Appalachian Regional Development Highway System.
       ``(III) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;''.
                                                                    ____


                           Amendment No. 1777

       Strikes pages 257 through 277 and insert the following:
     implemented, indicates total resources from public and 
     private sources that are reasonably expected to be available 
     to carry out the plan and recommends any additional financing 
     strategies for needed projects and programs.
       ``(3) Coordination with clean air act agencies.--In 
     metropolitan areas that are in nonattainment for ozone or 
     carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
     seq.), the metropolitan planning organization shall 
     coordinate the development of a long-range transportation 
     plan with the process for development of the transportation 
     control measures of the State implementation plan required by 
     that Act.
       ``(4) Participation by interested parties.--Before adopting 
     a long-range transportation plan, each metropolitan planning 
     organization shall provide citizens, affected public 
     agencies, representatives of transportation agency employees, 
     freight shippers, private providers of transportation, and 
     other interested parties with a reasonable opportunity to 
     comment on the long-range transportation plan.
       ``(5) Publication of long-range transportation plan.--Each 
     long-range transportation plan prepared by a metropolitan 
     planning organization shall be--
       ``(A) published or otherwise made readily available for 
     public review; and
       ``(B) submitted for information purposes to the Governor at 
     such times and in such manner as the Secretary shall 
     establish.
       ``(h) Metropolitan Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with the State and any 
     affected public transit operator, the metropolitan planning 
     organization designated for a metropolitan area shall develop 
     a transportation improvement program for the area for which 
     the organization is designated.
       ``(B) Opportunity for comment.--In developing the program, 
     the metropolitan planning organization, in cooperation with 
     the State and any affected public transit operator, shall 
     provide citizens, affected public agencies, representatives 
     of transportation agency employees, other affected employee 
     representatives, freight shippers, private providers of 
     transportation, and other interested parties with a 
     reasonable opportunity to comment on the proposed program.
       ``(C) Funding estimates.--For the purpose of developing the 
     transportation improvement program, the metropolitan planning 
     organization, public transit agency, and State shall 
     cooperatively develop estimates of funds that are reasonably 
     expected to be available to support program implementation.
       ``(D) Updating and approval.--The program shall be updated 
     at least once every 2 years and shall be approved by the 
     metropolitan planning organization and the Governor.
       ``(2) Contents.--The transportation improvement program 
     shall include--
       ``(A) a list, in order of priority, of proposed federally 
     supported projects and strategies to be carried out within 
     each 3-year-period after the initial adoption of the 
     transportation improvement program; and
       ``(B) a financial plan that--
       ``(i) demonstrates how the transportation improvement 
     program can be implemented;
       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be available to carry out the 
     program and
       ``(iii) identifies innovative financing techniques to 
     finance projects, programs, and strategies.
       ``(3) Included projects.--
       ``(A) Chapter 1 and chapter 53 projects.--A transportation 
     improvement program developed under this subsection for a 
     metropolitan area shall include the projects and strategies 
     within the area that are proposed for funding under chapter 1 
     of this title and chapter 53 of title 49.
       ``(B) Chapter 2 projects.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 of 
     this title shall be

[[Page S1586]]

     identified individually in the transportation improvement 
     program.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 of this title that are not determined to 
     be regionally significant shall be grouped in 1 line item 
     or identified individually in the transportation 
     improvement program.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall be consistent with the long-range 
     transportation plan developed under subsection (g) for the 
     area.
       ``(D) Requirement of anticipated full funding.--The program 
     shall include a project, or an identified phase of a project, 
     only if full funding can reasonably be anticipated to be 
     available for the project within the time period contemplated 
     for completion of the project.
       ``(4) Notice and comment.--Before approving a 
     transportation improvement program, a metropolitan planning 
     organization shall, in cooperation with the State and any 
     affected public transit operator, provide citizens, affected 
     public agencies, representatives of transportation agency 
     employees, private providers of transportation, and other 
     interested parties with reasonable notice of and an 
     opportunity to comment on the proposed program.
       ``(5) Selection of projects.--
       ``(A) In general.--Except as otherwise provided in 
     subsection (i)(4) and in addition to the transportation 
     improvement program development required under paragraph (1), 
     the selection of federally funded projects for implementation 
     in metropolitan areas shall be carried out, from the approved 
     transportation improvement program--
       ``(i) by--

       ``(I) in the case of projects under chapter 1, the State; 
     and
       ``(II) in the case of projects under chapter 53 of title 
     49, the designated transit funding recipients; and

       ``(ii) in cooperation with the metropolitan planning 
     organization.
       ``(B) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved 
     transportation improvement program in place of another 
     project of higher priority in the program, except where 
     either such project is relevant to a determination of 
     conformity with the Clean Air Act, nor shall any such action 
     be required to change the indicated source of funding for any 
     project.
       ``(i) Transportation Management Areas.--
       ``(1) Designation.--
       ``(A) Required designations.--The Secretary shall designate 
     as a transportation management area each urbanized area with 
     a population of over 200,000 individuals.
       ``(B) Designations on request.--The Secretary shall 
     designate any additional area as a transportation management 
     area on the request of the Governor and the metropolitan 
     planning organization designated for the area.
       ``(2) Transportation plans and programs.--Within a 
     transportation management area, transportation plans and 
     programs shall be based on a continuing and comprehensive 
     transportation planning process carried out by the 
     metropolitan planning organization in cooperation with the 
     State and any affected public transit operator.
       ``(3) Congestion management system.--Within a 
     transportation management area, the transportation planning 
     process under this section shall include a congestion 
     management system that provides for effective management of 
     new and existing transportation facilities eligible for 
     funding under this title and chapter 53 of title 49 through 
     the use of travel demand reduction and operational management 
     strategies.
       ``(4) Selection of projects.--
       ``(A) In general.--In addition to the transportation 
     improvement program development required under subsection 
     (h)(1), all federally funded projects carried out within the 
     boundaries of a transportation management area under this 
     title (excluding projects carried out on the National Highway 
     System) or under chapter 53 of title 49 shall be selected for 
     implementation from the approved transportation improvement 
     program by the metropolitan planning organization designated 
     for the area in consultation with the State and any affected 
     public transit operator.
       ``(B) National highway system projects.--Projects carried 
     out within the boundaries of a transportation management area 
     on the National Highway System shall be selected for 
     implementation from the approved transportation improvement 
     program by the State in cooperation with the metropolitan 
     planning organization designated for the area.
       ``(5) Certification.--
       ``(A) In general.--The Secretary shall--
       ``(i) ensure that the metropolitan planning process in each 
     transportation management area is being carried out in 
     accordance with applicable provisions of Federal law; and
       ``(ii) subject to subparagraph (B), certify, not less often 
     than once every 3 years, that the requirements of this 
     paragraph are met with respect to the transportation 
     management area.
       ``(B) Requirements for certification.--The Secretary may 
     make the certification under subparagraph (A) if--
       ``(i) the transportation planning process complies with the 
     requirements of this section and other applicable 
     requirements of Federal law; and
       ``(ii) there is a transportation improvement program for 
     the area that has been approved by the metropolitan planning 
     organization and the Governor.
       ``(C) Effect of failure to certify.--
       ``(i) Withholding of funds.--If a metropolitan planning 
     process is not certified, the Secretary may withhold up to 20 
     percent of the apportioned funds attributable to the 
     transportation management area under this title and chapter 
     53 of title 49.
       ``(ii) Restoration of withheld funds.--The withheld 
     apportionments shall be restored to the metropolitan area at 
     such time as the metropolitan planning organization is 
     certified by the Secretary.
       ``(iii) Feasibility of private enterprise participation.--
     The Secretary shall not withhold certification under this 
     paragraph based on the policies and criteria established by a 
     metropolitan planning organization or transit grant recipient 
     for determining the feasibility of private enterprise 
     participation in accordance with section 5306(a) of title 49.
       ``(j) Abbreviated Plans and Programs for Certain Areas.--
       ``(1) In general.--Subject to paragraph (2), in the case of 
     a metropolitan area not designated as a transportation 
     management area under this section, the Secretary may provide 
     for the development of an abbreviated metropolitan 
     transportation plan and program that the Secretary determines 
     is appropriate to achieve the purposes of this section, 
     taking into account the complexity of transportation problems 
     in the area.
       ``(2) Nonattainment areas.--The Secretary may not permit 
     abbreviated plans or programs for a metropolitan area that is 
     in nonattainment for ozone or carbon monoxide under the Clean 
     Air Act (42 U.S.C. 7401 et seq.).
       ``(k) Additional Requirements for Certain Nonattainment 
     Areas.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title or chapter 53 of title 49, in the case of a 
     transportation management area classified as nonattainment 
     for ozone or carbon monoxide under the Clean Air Act (42 
     U.S.C. 7401 et seq.), Federal funds may not be programmed in 
     the area for any highway project that will result in a 
     significant increase in carrying capacity for single occupant 
     vehicles unless the project results from an approved 
     congestion management system.
       ``(2) Applicability.--This subsection applies to a 
     nonattainment area within the metropolitan planning area 
     boundaries determined under subsection (c).
       ``(l) Limitation.--Nothing in this section confers on a 
     metropolitan planning organization the authority to impose 
     any legal requirement on any transportation facility, 
     provider, or project not eligible for assistance under this 
     title or chapter 53 of title 49.
       ``(m) Funding.--
       ``(1) In general.--Funds set aside under section 104(f) of 
     this title and section 5303 of title 49 shall be available to 
     carry out this section.
       ``(2) Unused funds.--Any funds that are not used to carry 
     out this section may be made available by the metropolitan 
     planning organization to the State to fund activities under 
     section 135.''.
       (b) Technical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 134 and inserting the following:

``134. Metropolitan planning.''.

     SEC. 1602. STATEWIDE PLANNING.

       Section 135 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec. 135. Statewide planning

       ``(a) General Requirements.--
       ``(1) Findings.--It is in the national interest to 
     encourage and promote the safe and efficient management, 
     operation, and development of surface transportation systems 
     that will serve the mobility needs of people and freight 
     throughout each State.
       ``(2) Development of plans and programs.--Subject to 
     section 134 of this title and sections 5303 through 5305 of 
     title 49, each State shall develop transportation plans and 
     programs for all areas of the State.
       ``(3) Contents.--The plans and programs for each State 
     shall provide for the development and integrated management 
     and operation of transportation systems (including pedestrian 
     walkways and bicycle transportation facilities) that will 
     function as an intermodal State transportation system and an 
     integral part of the intermodal transportation system of the 
     United States.
       ``(4) Process of development.--The process for developing 
     the plans and programs shall provide for consideration of all 
     modes of transportation and shall be continuing, cooperative, 
     and comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(b) Scope of Planning Process.--Each State shall carry 
     out a transportation planning process that shall consider the 
     following:
       ``(1) Supporting the economic vitality of the United 
     States, the States, and metropolitan areas, especially by 
     enabling global competitiveness, productivity, and 
     efficiency.
       ``(2) Increasing the safety and security of the 
     transportation system for motorized and nonmotorized users.
       ``(3) Increasing the accessibility and mobility options 
     available to people and for freight.
       ``(4) Protecting and enhancing the environment, promoting 
     energy conservation, and improving quality of life through 
     land use planning.

[[Page S1587]]

       ``(5) Enhancing the integration and connectivity of the 
     transportation system, across and between modes throughout 
     the State, for people and freight.
       ``(6) Promoting efficient system management and operation.
       ``(7) Emphasizing the preservation of the existing 
     transportation system.
       ``(c) Coordination With Metropolitan Planning; State 
     Implementation Plan.--In carrying out planning under this 
     section, a State shall--
       ``(1) coordinate the planning with the transportation 
     planning activities carried out under section 134 for 
     metropolitan areas of the State; and
       ``(2) carry out the responsibilities of the State for the 
     development of the transportation portion of the State air 
     quality implementation plan to the extent required by the 
     Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(d) Additional Requirements.--In carrying out planning 
     under this section, each State shall, at a minimum, 
     consider--
       ``(1) with respect to nonmetropolitan areas, the concerns 
     of local elected officials representing units of general 
     purpose local government;
       ``(2) the concerns of Indian tribal governments and Federal 
     land management agencies that have jurisdiction over land 
     within the boundaries of the State; and
       ``(3) coordination of transportation plans, programs, and 
     planning activities with related planning activities being 
     carried out outside of metropolitan planning areas.
       ``(e) Long-Range Transportation Plan.--
       ``(1) Development.--Each State shall develop a long-range 
     transportation plan, with a minimum 20-year forecast period, 
     for all areas of the State, that provides for the development 
     and implementation of the intermodal transportation system of 
     the State.
       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the plan shall be developed 
     in cooperation with the metropolitan planning organization 
     designated for the metropolitan area under section 134 of 
     this title and section 5305 of title 49.
       ``(B) Nonmetropolitan areas.--With respect to each 
     nonmetropolitan area, the plan shall be developed in 
     consultation with local elected officials representing units 
     of general purpose local government.
       ``(C) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the plan shall be developed in consultation with 
     the tribal government and the Secretary of the Interior.
       ``(3) Participation by interested parties.--In developing 
     the plan, the State shall--
       ``(A) provide citizens, affected public agencies, 
     representatives of transportation agency employees, other 
     affected employee representatives, freight shippers, private 
     providers of transportation, and other interested parties 
     with a reasonable opportunity to comment on the proposed 
     plan; and
       ``(B) identify transportation strategies necessary to 
     efficiently serve the mobility needs of people.
       ``(f) State Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--The State shall develop a transportation 
     improvement program for all areas of the State.
       ``(B) Consultation with governments.--
       ``(i) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the program shall be 
     developed in cooperation with the metropolitan planning 
     organization designated for the metropolitan area under 
     section 134 of this title and section 5305 of title 49.
       ``(ii) Nonmetropolitan areas.--With respect to each 
     nonmetropolitan area in the State, the program shall be 
     developed in consultation with units of general purpose local 
     government.
       ``(iii) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the program shall be developed in consultation 
     with the tribal government and the Secretary of the Interior.
       ``(C) Participation by interested parties.--In developing 
     the program, the Governor shall provide citizens, affected 
     public agencies, representatives of transportation agency 
     employees, other affected employee representatives, freight 
     shippers, private providers of transportation, and other 
     interested parties with a reasonable opportunity to comment 
     on the proposed program.
       ``(2) Included projects.--
       ``(A) In general.--A transportation improvement program 
     developed under this subsection for a State shall include 
     federally supported surface transportation expenditures 
     within the boundaries of the State.
       ``(B) Chapter 2 projects.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 
     shall be identified individually.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 that are not determined to be regionally 
     significant shall be grouped in 1 line item or identified 
     individually.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall--
       ``(i) be consistent with the long-range transportation plan 
     developed under this section for the State;
       ``(ii) be identical to the project as described in an 
     approved metropolitan transportation improvement program; and
       ``(iii) be in conformance with the applicable State air 
     quality implementation plan developed under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), if the project is carried out in an 
     area designated as nonattainment for ozone or carbon monoxide 
     under that Act.
       ``(D) Requirement of anticipated full funding.--
       ``(i) In general.--The program shall include a project, or 
     an identified phase of a project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(E) Priorities.--The program shall reflect the priorities 
     for programming and expenditures of funds, including 
     transportation enhancements, required by this title.
       ``(3) Project selection for areas of less than 50,000 
     population.--
       ``(A) In general.--Projects carried out in areas with 
     populations of less than 50,000 individuals (excluding 
     projects carried out on the National Highway System) shall be 
     selected, from the approved statewide transportation 
     improvement program, by the State in cooperation with the 
     affected local officials.
       ``(B) National highway system projects.--Projects carried 
     out in areas described in subparagraph (A) on the National 
     Highway System shall be selected, from the approved statewide 
     transportation improvement program, by the State in 
     consultation with the affected local officials.
       ``(4) Biennial review and approval.--A transportation 
     improvement program developed under this subsection shall be 
     reviewed and, on a finding that the planning process through 
     which the program was developed is consistent with this 
     section and section 134, approved not less frequently than 
     biennially by the Secretary.
       ``(5) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved 
     statewide transportation improvement program in place of 
     another project of higher priority in the program except 
     where either such project is relevant to a determination of 
     conformity with the Clean Air Act, nor shall any such action 
     be required to change the indicated source of funding for any 
     project.
       ``(g) Funding.--Funds set aside under section 505 of this 
     title and section 5313(b) of title 49 shall be available to 
     carry out this section.''.
                                                                    ____


                           Amendment No. 1778

       Strike pages 91 through 99 and insert the following:
     past or future availability, for use on park roads and 
     parkways in a national park, of funds made available for use 
     in a national park by this paragraph.
       ``(d) Rights-of-Way Across Federal Land.--Nothing in this 
     section affects any claim for a right-of-way across Federal 
     land.
       ``(e) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $74,000,000 for each of fiscal years 
     1998 through 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1.''.
       (b) Conforming Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 207 and inserting the following:

``207. Cooperative Federal Lands Transportation Program.''.

     SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING PLANNING AND 
                   BORDER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Affected Port of Entry.--The term ``affected port of 
     entry'' means a seaport or airport in any State that 
     demonstrates that the transportation of cargo by rail or 
     motor carrier through the seaport or airport has increased 
     significantly since the date of enactment of the Trade 
     Agreement Implementation Act (Public Law 103-182).
       (2) Border region.--The term ``border region'' means--
       (A) the region located within 60 miles of the United States 
     border with Mexico; and
       (B) the region located within 60 miles of the United States 
     border with Canada.
       (3) Border state.--The term ``border State'' means a State 
     of the United States that--
       (A) is located along the border with Mexico; or
       (B) is located along the border with Canada.
       (4) Border station.--The term ``border station'' means a 
     controlled port of entry into the United States located in 
     the United States at the border with Mexico or Canada, 
     consisting of land occupied by the station and the buildings, 
     roadways, and parking lots on the land.
       (5) Federal inspection agency.--The term ``Federal 
     inspection agency'' means a Federal agency responsible for 
     the enforcement of immigration laws (including regulations), 
     customs laws (including regulations), and agriculture import 
     restrictions, including the United States Customs Service, 
     the Immigration and Naturalization Service, the Animal and 
     Plant Health Inspection Service, the

[[Page S1588]]

     Food and Drug Administration, the United States Fish and 
     Wildlife Service, and the Department of State.
       (6) Gateway.--The term ``gateway'' means a grouping of 
     border stations defined by proximity and similarity of trade.
       (7) Non-federal governmental jurisdiction.--The term ``non-
     Federal governmental jurisdiction'' means a regional, State, 
     or local authority involved in the planning, development, 
     provision, or funding of transportation infrastructure needs.
       (b) Border Crossing Planning Incentive Grants.--
       (1) In general.--The Secretary shall make incentive grants 
     to States and to metropolitan planning organizations 
     designated under section 134 of title 23, United States Code.
       (2) Use of grants.--The grants shall be used to encourage 
     joint transportation planning activities and to improve 
     people and vehicle movement into and through international 
     gateways as a supplement to statewide and metropolitan 
     transportation planning funding made available under other 
     provisions of this Act and under title 23, United States 
     Code.
       (3) Condition of grants.--As a condition of receiving a 
     grant under paragraph (1), a State transportation department 
     or a metropolitan planning organization shall certify to the 
     Secretary that it commits to be engaged in joint planning 
     with its counterpart agency in Mexico or Canada.
       (4) Limitation on amount.--Each State transportation 
     department or metropolitan planning organization may receive 
     not more than $100,000 under this subsection for any fiscal 
     year.
       (5) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $1,400,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (c) Trade Corridor and Affected Port of Entry Planning 
     Incentive Grants.--
       (1) Grants.--
       (A) In general.--The Secretary shall make grants to States 
     to encourage, within the framework of the statewide 
     transportation planning process of the State under section 
     135 of title 23, United States Code, cooperative multistate 
     corridor analysis of, and planning for, the safe and 
     efficient movement of goods along and within international or 
     interstate trade corridors of national importance and through 
     affected ports of entry.
       (B) Identification of corridors and Affected Ports of 
     Entry.--Each corridor and affected port of entry referred to 
     in subparagraph (A) shall be cooperatively identified by the 
     States along the corridor or by the State in which the 
     affected port of entry is located.
       (2) Corridor and Affected Port of Entry plans.--
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), a State shall enter into an agreement with the 
     Secretary that specifies that, not later than 2 years after 
     receipt of the grant--(i) in cooperation with the other 
     States along the corridor, the State will submit a plan for 
     corridor improvements to the Secretary; or (ii) the State 
     will submit a plan for affected port of entry improvements to 
     the Secretary.
       (B) Coordination of planning.--Planning with respect to a 
     corridor under this subsection shall be coordinated with 
     transportation planning being carried out by the States and 
     metropolitan planning organizations along the corridor and, 
     to the extent appropriate, with transportation planning being 
     carried out by Federal land management agencies, by tribal 
     governments, or by government agencies in Mexico or Canada.
       (3) Multistate agreements for trade corridor planning.--The 
     consent of Congress is granted to any 2 or more States--
       (A) to enter into multistate agreements, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of interstate trade corridor 
     planning activities; and
       (B) to establish such agencies, joint or otherwise, as the 
     States may determine desirable to make the agreements 
     effective.
       (4) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $3,000,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (d) Federal Assistance for Trade Corridors and Border and 
     Affected Port of Entry Infrastructure Safety and Congestion 
     Relief.--
       (1) Applications for grants.--The Secretary shall make 
     grants to States or metropolitan planning organizations that 
     submit an application that--
       (A) demonstrates need for assistance in carrying out 
     transportation projects that are necessary to relieve traffic 
     congestion or improve enforcement of motor carrier safety 
     laws; and
       (B) includes strategies to involve both the public and 
     private sectors in the proposed project.
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--In selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under this subsection, the Secretary shall 
     consider--
       (A) the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of each State as compared 
     to the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of all States;
       (B) the extent to which commercial vehicle traffic in each 
     State has grown since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182) as compared to the extent to which that traffic has 
     grown in each other State;
       (C) the extent of border and affected port of entry 
     transportation improvements carried out by each State since 
     the date of enactment of that Act;
       (D) the reduction in commercial and other travel time 
     through a major international gateway or affected port of 
     entry expected as a result of the project;
       (E) the extent of leveraging of Federal funds provided 
     under this subsection, including--
       (i) use of innovative financing;
       (ii) combination with funding provided under other sections 
     of this Act and title 23, United States Code; and
       (iii) combination with other sources of Federal, State, 
     local, or private funding;
       (F) improvements in vehicle and highway safety and cargo 
     security in and through the gateway or affected port of entry 
     concerned;
       (G) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (H) the extent to which the innovative and problem solving 
     techniques of the proposed project would be applicable to 
     other border stations or ports of entry;
       (I) demonstrated local commitment to implement and sustain 
     continuing comprehensive border or affected port of entry 
     planning processes and improvement programs; and
       (J) other factors to promote transport efficiency and 
     safety, as determined by the Secretary.
                                                                    ____


                           Amendment No. 1779

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

     SEC.   . TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.

       (a) In General.--For a period of not less than 2 years 
     beginning on or before the 90th day following the date of the 
     enactment of this Act, the Secretary shall establish, 
     maintain, and promote the use of a nationwide toll-free 
     telephone system to be used by drivers of commercial motor 
     vehicles and others to report potential violations of Federal 
     motor carrier safety regulations and any laws or regulations 
     relating to the safe operation of commercial motor vehicles.
       (b) Monitoring.--The Secretary shall monitor reports 
     received by the telephone system and shall consider 
     information provided by such reports in setting priorities 
     for motor carrier safety audits and other enforcement 
     activities.
       (c) Protection of Persons Reporting Violations.--
       (1) Prohibition.--A person reporting a potential violation 
     to the telephone system may not be discharged, disciplined, 
     or discriminated against regarding pay, terms, or privileges 
     of employment because of the reporting of such violation.
       (2) Applicability of section 31105 of title 49.--For 
     purposes of section 31105 of title 49, United States Code, a 
     violation or alleged violation of paragraph (1) shall be 
     treated as a violation of section 31105(a) of such title.
       (d) Funding.--From amounts set aside under section 104(a) 
     of title 23, United States Code, the Secretary may use not to 
     exceed $300,000 per fiscal year for fiscal years 1998 through 
     2000 to carry out this section.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 1780

  (Ordered to lie on the table.)
  Mr. BINGAMAN (for himself, Mr. Domenici, and Mr. Bennett) submitted 
an amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 8, line 4, insert ``and section 207(f)'' after 
     ``(f)''.
       On page 87, line 11, insert ``under subsection (e)'' after 
     ``program''.
       On page 89, line 16, insert ``under subsection (e)'' before 
     ``for''.
       On page 90, line 7, strike ``Notwithstanding'' and insert 
     ``Subject to subsection (f), notwithstanding''.
       On page 90, line 21, insert ``under subsection (e)'' after 
     ``program''.
       On page 91, line 10, add ``(other than subsection (f))'' at 
     the end.
       On page 91, line 16, strike the quotation marks and the 
     following period.
       On page 91, between lines 16 and 17, insert the following:
       ``(f) Additional Authorization of Contract Authority for 
     States With Indian Reservations.--

[[Page S1589]]

       ``(1) Availability to states.--Not later than October 1 of 
     each fiscal year, funds made available under paragraph (5) 
     for the fiscal year shall be made available by the Secretary, 
     in equal amounts, to each State that has within the 
     boundaries of the State all or part of an Indian reservation 
     having a land area of 10,000,000 acres or more.
       ``(2) Availability to eligible counties.--
       ``(A) In general.--Each fiscal year, each county that is 
     located in a State to which funds are made available under 
     paragraph (1), and that has in the county a public road 
     described in subparagraph (B), shall be eligible to apply to 
     the State for all or a portion of the funds made available to 
     the State under this subsection to be used by the county to 
     maintain such roads.
       ``(B) Roads.--A public road referred to in subparagraph (A) 
     is a public road that--
       ``(i) is within, adjacent to, or provides access to an 
     Indian reservation described in paragraph (1);
       ``(ii) is used by a school bus to transport children to or 
     from a school or Headstart program carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.); and
       ``(iii) is maintained by the county in which the public 
     road is located.
       ``(C) Allocation among eligible counties.--
       ``(i) In general.--Except as provided in clause (ii), each 
     State that receives funds under paragraph (1) shall provide 
     directly to each county that applies for funds the amount 
     that the county requests in the application.
       ``(ii) Allocation among eligible counties.--If the total 
     amount of funds applied for under this subsection by eligible 
     counties in a State exceeds the amount of funds available to 
     the State, the State shall equitably allocate the funds among 
     the eligible counties that apply for funds.
       ``(3) Supplementary funding.--For each fiscal year, the 
     Secretary shall ensure that funding made available under this 
     subsection supplements (and does not supplant)--
       ``(A) any obligation of funds by the Bureau of Indian 
     Affairs for road maintenance programs on Indian reservations; 
     and
       ``(B) any funding provided by a State to a county for road 
     maintenance programs in the county.
       ``(4) Use of unallocated funds.--Any portion of the funds 
     made available to a State under this subsection that is not 
     made available to counties within 1 year after the funds are 
     made available to the State shall be apportioned among the 
     States in accordance with section 104(b).
       ``(5) Set-aside.--For each of fiscal years 1998 through 
     2003, before making an apportionment of funds under section 
     104(b), the Secretary shall set aside $1,500,000 of the funds 
     to carry out this subsection.''.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 1781

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 370, line 19, after ``applications'' insert 
     ``(including the use of advanced composites)''.
                                 ______
                                 

                    GRAHAM AMENDMENTS NOS. 1781-1795

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted 14 amendments intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

                           Amendment No. 1782

       On page 40, strike lines 7 through 10 and insert the 
     following:
     198);
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027); and
       (I) subsections (c) and (d) of section 1128.
                                                                    ____


                           Amendment No. 1783

       On page 30, line 1, strike ``and''.
       On page 30, line 13, strike the period at the end and 
     insert ``; and''.
       On page 30, between lines 13 and 14, insert the following:
       ``(C) for each of fiscal years 1998 through 2003, a State's 
     total apportionments described in subclauses (I) and (II) of 
     subparagraph (A)(i) for the fiscal year is not less than 95 
     percent of the estimated tax payments attributable to highway 
     users in the State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) determined in accordance with 
     paragraph (3).
       On page 30, before line 18, insert the following:
       ``(3) Determination of estimated tax payments.--
       ``(A) Estimates.--For the purpose of paragraph (1)(C), the 
     estimated tax payments attributable to highway users in a 
     State for a fiscal year shall be determined based on the 
     estimated receipts for the previous fiscal year, as specified 
     in the latest sequestration report prepared by the Office of 
     Management and Budget under section 254 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     904).
       ``(B) Reconciliation of estimates to actual amounts.--
       ``(i) In general.--Before making any calculation under 
     subparagraph (A) to determine the amount of an allocation to 
     a State under paragraph (1)(C) for a fiscal year, the 
     Secretary shall adjust the amount of the estimated tax 
     payments attributable to highway users in the State for the 
     previous fiscal year to the extent that--

       ``(I) the actual tax payments attributable to highway users 
     in the State for previous fiscal years were in excess of or 
     less than the estimate for the previous fiscal years; and
       ``(II) the excess or deficit described in subclause (I) has 
     not been previously taken into account under this clause.

       ``(ii) Data.--In carrying out clause (i), the Secretary 
     shall use the latest data available from the Secretary of the 
     Treasury.
       ``(C) Special rule for fiscal year 1998 and 1999 
     estimates.--In determining the amount of the estimated tax 
     payments attributable to highway users in a State under 
     paragraph (1)(C) for fiscal years 1998 and 1999--
       ``(i) the amount of the estimated tax payments for fiscal 
     year 1998 shall be increased by \2/14\ of the amount of the 
     estimated tax payments for fiscal year 1999; and
       ``(ii) the amount of the estimated tax payments for fiscal 
     year 1999 shall be reduced by the amount of the increase 
     under clause (i).
                                                                    ____


                           Amendment No. 1784

       On page 30, between lines 13 and 14, insert the following:
       ``(C) for each of fiscal years 1998 through 2003, a State's 
     total apportionments described in subclauses (I) and (II) of 
     subparagraph (A)(i) for the fiscal year is not less than 95 
     percent of the estimated tax payments attributable to highway 
     users in the State paid into the Highway Trust Fund (other 
     than Mass Transit Account) in the latest fiscal year in which 
     data is available.
                                                                    ____


                           Amendment No. 1785

       On page 29, line 8, insert ``and allocations'' after 
     ``apportionments''.
       On page 29, line 13, strike ``and''.
       On page 29, line 14, after ``program'', insert the 
     following: ``, and the Interstate 4R and bridge discretionary 
     program''.
       On page 29, strike line 15 and insert the following:

       ``(II) under section 165 for the national scenic byways 
     program;
       ``(III) under section 206 for the recreational trails 
     program;
       ``(IV) under section 201 of the Appalachian Regional 
     Development Act of 1965 (40 U.S.C. App.) for the Appalachian 
     Development Highway System;

       On page 29, line 16, strike ``(II)'' and insert ``(V)''.
       On page 29, line 19, strike ``bears to''.
       On page 29, between lines 19 and 20, insert the following:

       ``(VI) under section 1116 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for trade corridor and 
     border crossing planning and border infrastructure;
       ``(VII) under section 1128 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 (excluding allocations 
     under the Federal lands highways program); and
       ``(VIII) under section 1604 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the transportation 
     and community and system preservation pilot program; bears to

       On page 30, line 1, strike ``0.90'' and insert ``0.95''.
                                                                    ____


                           Amendment No. 1786

       On page 29, line 8, insert ``and allocations'' after 
     ``apportionments''.
       On page 29, strike line 15 and insert the following:

       ``(II) under section 201 of the Appalachian Regional 
     Development Act of 1965 (40 U.S.C. App.) for the Appalachian 
     Development Highway System;

       On page 29, line 16, strike ``(II)'' and insert ``(III)''.
       On page 29, line 19, strike ``bears to''.
       On page 29, between lines 19 and 20, insert the following:

       ``(IV) under section 1116 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for trade corridor and 
     border crossing planning and border infrastructure;
       ``(V) under section 1128 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 (excluding allocations 
     under the Federal lands highways program); and
       ``(VI) under section 1604 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the transportation 
     and community and system preservation pilot program; bears to

       On page 30, line 1, strike ``0.90'' and insert ``0.95''.
                                                                    ____


                           Amendment No. 1787

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

     SEC. 11____. 95 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (A) each State's percentage of the total apportionments for 
     the fiscal year and the total allocations for the previous 
     fiscal year for Federal-aid highway programs (excluding 
     allocations specified in paragraph (2)); bears to

[[Page S1590]]

       (B) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.95.
       (2) Excluded allocations.--The allocations specified in 
     this paragraph are allocations for--
       (A) emergency relief under section 125 of title 23, United 
     States Code;
       (B) forest highways, Indian reservation roads, and parkways 
     and park roads under section 202 of that title;
       (C) highway-related safety grants under section 402 of that 
     title;
       (D) nonconstruction safety grants under sections 402, 406, 
     and 408 of that title; and
       (E) motor carrier safety grants under section 31104 of 
     title 49, United States Code.
       (c) Reduction of Sums.--The sums made available under all 
     programs covered by subsection (b) to States that do not 
     receive an allocation under subsection (b) shall be reduced 
     on a pro rata basis by such amount as is necessary to offset 
     the budgetary impact resulting from subsection (b).
       (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
       (e) Applicability.--This section shall apply 
     notwithstanding section 11____ (Chafee amendment No. 1684).
                                                                    ____


                           Amendment No. 1788

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

     SEC. 11____. 95 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (A) the total apportionments for the fiscal year for 
     Federal-aid highway programs under this Act and title 23, 
     United States Code; and
       (B) the amounts made available under section 1128, 
     excluding allocations under the Federal lands highways 
     program and to carry out section 1116; bears to
       (2) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.95.
       (c) Reduction of Sums.--The sums made available under all 
     programs covered by subsection (b) to States that do not 
     receive an allocation under subsection (b) shall be reduced 
     on a pro rata basis by such amount as is necessary to offset 
     the budgetary impact resulting from subsection (b).
       (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
       (e) Applicability.--This section shall apply 
     notwithstanding section 1128.
                                                                    ____


                           Amendment No. 1789

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

     SEC. 11____. 95 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (1) each State's percentage of the sum of--
       (A) the total apportionments for the fiscal year for 
     Federal-aid highway programs under this Act and title 23, 
     United States Code; and
       (B) the amounts made available under section 1128, 
     excluding allocations under the Federal lands highways 
     program and to carry out section 1116; bears to
       (2) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.95.
       (c) Reduction of Sums.--The sums made available under all 
     allocated Federal-aid highway programs under this Act and 
     title 23, United States Code (excluding allocations made 
     available under section 1128), shall be reduced on a pro rata 
     basis by such amount as is necessary to offset the budgetary 
     impact resulting from subsection (b).
       (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
       (e) Applicability.--This section shall apply 
     notwithstanding section 1128.
                                                                    ____


                           Amendment No. 1790

       On page 30, line 1, strike ``and''.
       On page 30, line 13, strike the period at the end and 
     insert ``; and''.
       On page 30, between lines 13 and 14, insert the following:
       ``(C) for each of fiscal years 1998 through 2003, a State's 
     total apportionments described in subclauses (I) and (II) of 
     subparagraph (A)(i) for the fiscal year is not less than 90 
     percent of the estimated tax payments attributable to highway 
     users in the State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) determined in accordance with 
     paragraph (3).
       On page 30, before line 18, insert the following:
       ``(3) Determination of estimated tax payments.--
       ``(A) Estimates.--For the purpose of paragraph (1)(C), the 
     estimated tax payments attributable to highway users in a 
     State for a fiscal year shall be determined based on the 
     estimated receipts for the previous fiscal year, as specified 
     in the latest sequestration report prepared by the Office of 
     Management and Budget under section 254 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     904).
       ``(B) Reconciliation of estimates to actual amounts.--
       ``(i) In general.--Before making any calculation under 
     subparagraph (A) to determine the amount of an allocation to 
     a State under paragraph (1)(C) for a fiscal year, the 
     Secretary shall adjust the amount of the estimated tax 
     payments attributable to highway users in the State for the 
     previous fiscal year to the extent that--

       ``(I) the actual tax payments attributable to highway users 
     in the State for previous fiscal years were in excess of or 
     less than the estimate for the previous fiscal years; and
       ``(II) the excess or deficit described in subclause (I) has 
     not been previously taken into account under this clause.

       ``(ii) Data.--In carrying out clause (i), the Secretary 
     shall use the latest data available from the Secretary of the 
     Treasury.
       ``(C) Special rule for fiscal year 1998 and 1999 
     estimates.--In determining the amount of the estimated tax 
     payments attributable to highway users in a State under 
     paragraph (1)(C) for fiscal years 1998 and 1999--
       ``(i) the amount of the estimated tax payments for fiscal 
     year 1998 shall be increased by \2/14\ of the amount of the 
     estimated tax payments for fiscal year 1999; and
       ``(ii) the amount of the estimated tax payments for fiscal 
     year 1999 shall be reduced by the amount of the increase 
     under clause (i).
                                                                    ____


                           Amendment No. 1791

       On page 30, between lines 13 and 14, insert the following:
       ``(C) for each of fiscal years 1998 through 2003, a State's 
     total apportionments described in subclauses (I) and (II) of 
     subparagraph (A)(i) for the fiscal year is not less than 90 
     percent of the estimated tax payments attributable to highway 
     users in the State paid into the Highway Trust Fund (other 
     than Mass Transit Account) in the latest fiscal year in which 
     data is available.
                                                                    ____


                           Amendment No. 1792

       On page 29, line 13, strike ``and''.
       On page 29, line 14, after ``program'', insert the 
     following: ``, and the Interstate 4R and bridge discretionary 
     program''.
       On page 29, strike line 15 and insert the following:

       ``(II) under section 165 for the national scenic byways 
     program;
       ``(III) under section 206 for the recreational trails 
     program;
       ``(IV) under section 201 of the Appalachian Regional 
     Development Act of 1965 (40 U.S.C. App.) for the Appalachian 
     Development Highway System;

       On page 29, line 16, strike ``(II)'' and insert ``(V)''.
       On page 29, line 18, strike ``bears to''.
       On page 29, between lines 18 and 19, insert the following:

       ``(VI) under section 1116 of the Intermodal Transportation 
     Act of 1997 for trade corridor and border crossing planning; 
     and
       ``(VII) under section 1604 of the Intermodal Transportation 
     Act of 1997 for the transportation and community and system 
     preservation pilot program; bears to''.
                                                                    ____


                           Amendment No. 1793

       On page 30, strike line 1 and insert the following:
     ``is not less than 0.90 for fiscal year 1998, 0.91 for fiscal 
     year 1999, 0.92 for fiscal year 2000, 0.93 for fiscal year 
     2001, 0.94 for fiscal year 2002, or 0.95 for fiscal year 
     2003; and''.
                                                                    ____


                           Amendment No. 1794

       On page 29, line 8, insert ``and allocations'' after 
     ``apportionments''.
       On page 29, line 13, strike ``and''.
       On page 29, line 14, after ``program'', insert the 
     following: ``, and the Interstate 4R and bridge discretionary 
     program''.
       On page 29, strike line 15 and insert the following:

       ``(II) under section 165 for the national scenic byways 
     program;
       ``(III) under section 206 for the recreational trails 
     program;
       ``(IV) under section 201 of the Appalachian Regional 
     Development Act of 1965 (40 U.S.C. App.) for the Appalachian 
     Development Highway System;

       On page 29, line 16, strike ``(II)'' and insert ``(V)''.
       On page 29, line 19, strike ``bears to''.
       On page 29, between lines 19 and 20, insert the following:

       ``(VI) under section 1116 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for trade corridor and 
     border crossing planning and border infrastructure;
       ``(VII) under section 1128 of the Intermodal Surface 
     Transportation Efficiency Act of

[[Page S1591]]

     1997 (excluding allocations under the Federal lands highways 
     program); and
       ``(VIII) under section 1604 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the transportation 
     and community and system preservation pilot program; bears to

       On page 30, line 1, strike ``0.90'' and insert ``0.91''.
                                                                    ____


                           Amendment No. 1795

       On page 29, line 8, insert ``and allocations'' after 
     ``apportionments''.
       On page 29, strike line 15 and insert the following:

       ``(II) under section 201 of the Appalachian Regional 
     Development Act of 1965 (40 U.S.C. App.) for the Appalachian 
     Development Highway System;

       On page 29, line 16, strike ``(II)'' and insert ``(III)''.
       On page 29, line 19, strike ``bears to''.
       On page 29, between lines 19 and 20, insert the following:

       ``(IV) under section 1116 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for trade corridor and 
     border crossing planning and border infrastructure;
       ``(V) under section 1128 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 (excluding allocations 
     under the Federal lands highways program); and
       ``(VI) under section 1604 of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the transportation 
     and community and system preservation pilot program; bears to

       On page 30, line 1, strike ``0.90'' and insert ``0.91''.
                                 ______
                                 

                 GRAHAM (AND OTHERS) AMENDMENT NO. 1796

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself, Mr. Abraham, Mr. Kohl, Mr. Thurmond, Mr. 
Mack, Mr. Coats, Mr. Levin, Mr. Lugar, and Mr. McCain) submitted an 
amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

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

     SEC. 11____. 91 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
         (A) the total apportionments for the fiscal year for 
     Federal-aid highway programs under this Act and title 23, 
     United States Code; and
         (B) the amounts made available under section 1128, 
     excluding allocations under the Federal lands highways 
     program and to carry out section 1116; bears to
         (2) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.91.
         (c) Reduction of Sums.--The sums made available under all 
     programs covered by subsection (b) to States that do not 
     receive an allocation under subsection (b) shall be reduced 
     on a pro rata basis by such amount as is necessary to offset 
     the budgetary impact resulting from subsection (b).
         (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
         (e) Applicability.--This section shall apply 
     notwithstanding section 1128.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 1797

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 218, after line 25, add the following:

     SEC. 13____. IMPOSITION OF ANNUAL FEE ON TIFIA RECIPIENTS.

       (a) In General.--There is hereby imposed on any recipient 
     of a Federal credit instrument under this part (as defined in 
     section 1313(2)), an annual fee equal to the applicable 
     percentage of the average outstanding Federal credit 
     instrument amount made available to such recipient during the 
     year under this part.
       (b) Time of Imposition.--The fee described in subsection 
     (a) shall be imposed on the annual anniversary date of the 
     receipt of the Federal credit instrument (as so defined).
       (c) Applicable Percentage.--For purposes of subsection (a), 
     the applicable percentage is, with respect to an annual 
     anniversary date occurring in--
       (1) fiscal years 1999 through 2003, 1.9095 percent, and
       (2) fiscal years after 2003, 0.5144 percent.
       (d) Termination.--The fee imposed by this section shall not 
     apply with respect to annual anniversary dates occurring 
     after September 30, 2008.
       (e) Deposit of Receipts.--The fees collected by the 
     Secretary of Transportation under this section shall be 
     deposited in the general fund of the Treasury of the United 
     States as miscellaneous receipts.
                                 ______
                                 

                 GRAHAM (AND OTHERS) AMENDMENT NO. 1798

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself, Mr. Abraham, Mr. Kohl, Mr. Thurmond, Mr. 
Mack, Mr. Coats, Mr. Levin, Mr. Lugar, and Mr. McCain) submitted an 
amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

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

     SEC. 11____. 91 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (1) each State's percentage of the sum of--
       (A) the total apportionments for the fiscal year for 
     Federal-aid highway programs under this Act and title 23, 
     United States Code; and
       (B) the amounts made available under section 1128, 
     excluding allocations under the Federal lands highways 
     program and to carry out section 1116; bears to
       (2) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.91.
       (c) Reduction of Sums.--The sums made available under all 
     allocated Federal-aid highway programs under this Act and 
     title 23, United States Code (excluding allocations made 
     available under section 1128), shall be reduced on a pro rata 
     basis by such amount as is necessary to offset the budgetary 
     impact resulting from subsection (b).
       (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
       (e) Applicability.--This section shall apply 
     notwithstanding section 1128.
                                 ______
                                 

                 GRAHAM (AND COATS) AMENDMENT NO. 1799

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself and Mr. Coats) submitted an amendment 
intended to be proposed by him to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

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

     SEC. 11____. 91 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (A) each State's percentage of the total apportionments for 
     the fiscal year and the total allocations for the previous 
     fiscal year for Federal-aid highway programs (excluding 
     allocations specified in paragraph (2)); bears to
       (B) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.91.
       (2) Excluded allocations.--The allocations specified in 
     this paragraph are allocations for--
       (A) emergency relief under section 125 of title 23, United 
     States Code;
       (B) forest highways, Indian reservation roads, and parkways 
     and park roads under section 202 of that title;
       (C) highway-related safety grants under section 402 of that 
     title;
       (D) nonconstruction safety grants under sections 402, 406, 
     and 408 of that title; and
       (E) motor carrier safety grants under section 31104 of 
     title 49, United States Code.
       (c) Reduction of Sums.--The sums made available under all 
     programs covered by subsection (b) to States that do not 
     receive an allocation under subsection (b) shall be reduced 
     on a pro rata basis by such amount as is necessary to offset 
     the budgetary impact resulting from subsection (b).
       (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
       (e) Applicability.--This section shall apply 
     notwithstanding section 11____ (Chafee amendment No. 1684).
                                 ______
                                 

                      THURMOND AMENDMENT NO. 1800

  (Ordered to lie on the table.)

[[Page S1592]]

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

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

     SEC. 11____. 91 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (1) each State's percentage of the sum of--
       (A) the total apportionments for the fiscal year for 
     Federal-aid highway programs under this Act and title 23, 
     United States Code; and
       (B) the amounts made available under section 1128, 
     excluding allocations under the Federal lands highways 
     program and to carry out section 1116; bears to
       (2) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.91.
       (c) Reduction of Sums.--For each fiscal year, the amount 
     that the Secretary may deduct for administrative expenses 
     under section 104(a) of title 23, United States Code, shall 
     be reduced by such amount as is necessary to offset the 
     budgetary impact resulting from subsection (b).
       (d) Order of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
       (e) Applicability.--This section shall apply 
     notwithstanding section 1128.
                                 ______
                                 

                   NICKLES AMENDMENTS NOS. 1801-1803

  (Ordered to lie on the table.)
  Mr. NICKLES submitted three amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1801

       At the appropriate place, insert the following:

     SEC.   . INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS 
                   TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(o) Intercity Rail Infrastructure Investment.--Any 
     assistance provided to a State that does not have Amtrak 
     service as of the date of enactment of this subsection from 
     the Mass Transit Account of the Highway Trust Fund may be 
     used for capital improvements to, and operating support for, 
     intercity passenger rail service.''.
                                                                    ____


                           Amendment No. 1802

       At the appropriate place, insert the following:

     SEC.   . INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS 
                   TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(o) Intercity Rail Infrastructure Investment.--Any 
     assistance provided to a State that does not have Amtrak 
     service as of the date of enactment of this subsection from 
     the Mass Transit Account of the Highway Trust Fund may be 
     used for capital improvements to, and operating support for, 
     intercity passenger rail service.''.
                                                                    ____


                           Amendment No. 1803

       At the appropriate place, insert the following:

     SEC.   . INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS 
                   TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(o) Intercity Rail Infrastructure Investment.--Any 
     assistance provided to a State that does not have Amtrak 
     service as of the date of enactment of this subsection from 
     the Mass Transit Account of the Highway Trust Fund may be 
     used for capital improvements to, and operating support for, 
     intercity passenger rail service.''.
                                 ______
                                 

                   SESSIONS AMENDMENTS NOS. 1804-1814

  (Ordered to lie on the table.)
  Mr. SESSIONS submitted eleven amendments intended to be proposed by 
him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1804

       On page 88, on line 10 to the Chafee Amendment No. 1676 
     strike lines 10 through 13 and insert the following:
       ``(ii) shall determine the sum of the percentages 
     determined under clause (i) for states with respect to which 
     the percentage is 4.5 or greater, however the 4.5 percent 
     requirement shall not apply to those states that have had 
     federal lands transferred to the United States Fish and 
     Wildlife Service for the preservation of rare botanical 
     ecosystems, including longleaf pine ecosystem; and''.
                                                                    ____


                           Amendment No. 1805

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 13, strike lines 12 and 13 and 
     insert the following:
     project eligible for funding under section 149 of title 23, 
     United States Code.
                                                                    ____


                           Amendment No. 1806

       On page 124, strike lines 12 through 19 and insert the 
     following:
     this section for fiscal year 1997, as adjusted to reflect 
     increases in the overall funding for the apportioned Federal-
     aid highway programs since that fiscal year; or
       ``(2) the amount that the State will reserve, from funds 
     apportioned to the State for the period consisting of fiscal 
     years 1998 through 2001, to carry out bridge projects 
     eligible under sections 103(b)(5), 119, and 133(b), will be 
     not less than 4 times the amount apportioned to the State 
     under this section for fiscal year 1997, as adjusted to 
     reflect increases in the overall funding for the apportioned 
     Federal-aid highway programs since that fiscal year.
                                                                    ____


                           Amendment No. 1807

       On page 104, strike lines 14 through 19 and insert the 
     following:
       ``(2) Substitute corridor.--
       ``(A) In general.--In lieu of Corridor H in Virginia, the 
     Appalachian development highway system shall include the 
     Virginia portion of the segment identified in section 
     1105(c)(29) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (109 Stat. 597).
       ``(B) Effect of substitution.--The substitution of the 
     segment under subparagraph (A) shall not result in an 
     increase in a State's estimated cost to complete the 
     Appalachian development highway system or in the amount of 
     assistance that the State shall be entitled to receive under 
     this Act.''.
                                                                    ____


                           Amendment No. 1808

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

     SEC. 18____. DESIGNATION OF CORRIDORS IN MISSISSIPPI AND 
                   ALABAMA AS ROUTES ON THE INTERSTATE SYSTEM.

       (a) In General.--
       (1) Designation.--Subject to subsection (b)(2), 
     notwithstanding section 103(c) of title 23, United States 
     Code, the segments described in paragraph (2) are designated 
     as routes on the Interstate System.
       (2) Segments.--The segments referred to in paragraph (1) 
     are--
       (A) the portion of Corridor V of the Appalachian 
     development highway system from Interstate Route 55 near 
     Batesville, Mississippi, to the intersection with Corridor X 
     of the Appalachian development highway system near Fulton, 
     Mississippi; and
       (B) the portion of Corridor X of the Appalachian 
     development highway system from near Fulton, Mississippi, to 
     the intersection with Interstate Route 65 near Birmingham, 
     Alabama.
       (b) Substandard Features.--
       (1) Upgrading.--Each portion of the segments described in 
     subsection (a)(2) that does not substantially meet the 
     Interstate System design standards under section 109(b) of 
     title 23, United States Code, in effect on the date of 
     enactment of this Act shall be upgraded in accordance with 
     plans and schedules developed by the applicable State.
       (2) Designation.--Each portion of the segments described in 
     subsection (a)(2) that on the date of enactment of this Act 
     is not at least 4 lanes wide, separated by a median, access-
     controlled, and grade-separated shall--
       (A) be designated as a future Interstate System route; and
       (B) become part of the Interstate System at such time as 
     the Secretary determines that the portion of the segment 
     substantially meets the Interstate System design standards 
     described in paragraph (1).
       (c) Treatment of Routes.--
       (1) Mileage limitation.--The mileage of the routes on the 
     Interstate System designated under subsection (a) shall not 
     be charged against the limitation established by section 
     103(c)(2) of title 23, United States Code.
       (2) Federal financial responsibility.--
       (A) In general.--Subject to subparagraph (B), the 
     designation of the routes on the Interstate System under 
     subsection (a) shall not create increased Federal financial 
     responsibility with respect to the designated segments for 
     each fiscal year 98-03.
       (B) Use of certain funds.--A State may use funds available 
     to the State under paragraphs (1) and (3) of section 104(b) 
     of title 23, United States Code, to eliminate substandard 
     features of, and to resurface, restore, rehabilitate, or 
     reconstruct, any portion of the designated segments.
       (3) Eligibility for other funding.--This section shall not 
     decrease the amount of funding that a State shall be entitled 
     to receive under any other section of this Act or under any 
     other law.
                                                                    ____


                           Amendment No. 1809

       Beginning on page 58, strike line 6 and all that follows 
     through page 59, line 14, and insert the following:


[[Page S1593]]


     subparagraphs (B), (C), and (D), of the apportionments 
     received for a fiscal year by a State under this section--
       ``(i) 40 percent shall be used for trail or trail-related 
     projects that facilitate diverse recreational trail use 
     within a trail corridor, trailside, or trailhead, regardless 
     of whether the project is for diverse motorized use, for 
     diverse nonmotorized use, or to accommodate both motorized 
     and nonmotorized recreational trail use;
       ``(ii) 30 percent shall be used for uses relating to 
     motorized recreation; and
       ``(iii) 30 percent shall be used for uses relating to 
     nonmotorized recreation.
       ``(B) Waiver authority.--Upon the request of a State trail 
     advisory committee established under subsection (c)(3), the 
     Secretary may waive, in whole or in part, the requirements of 
     subparagraph (A) with respect to the State if the State 
     certifies to the Secretary that the State does not have 
     sufficient projects to meet the requirements of subparagraph 
     (A).
       ``(C) State administrative costs.--''.
                                                                    ____


                           Amendment No. 1810

       On page 42, line 20, strike ``1503, 1603,'' and insert 
     ``1603''.
                                                                    ____


                           Amendment No. 1811

       On page 42, lines 7 and 8, strike ``207, and 322'' and 
     insert ``and 207''.
                                                                    ____


                           Amendment No. 1812

       On page 136, strike line 22 and insert the following:
     specified in subparagraph (G).''.

     SEC. 11____. PREVAILING RATE OF WAGE.

       (a) In General.--Section 113 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 113.
                                                                    ____


                           Amendment No. 1813

       On page 116, strike lines 3 through 24 and insert the 
     following:
       ``(i) In general.--There shall be available from the Mass 
     Transit Account to carry out this section $10,000,000 for 
     fiscal year 1999 and $20,000,000 for fiscal year 2000.
       ``(ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--

       ``(I) the Federal share of the cost of a project carried 
     out under this section shall be determined in accordance with 
     subsection (b); and
       ``(II) the availability of the funds shall be determined in 
     accordance with paragraph (2).

       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated from the Mass Transit Account 
     to carry out''.
                                                                    ____


                           Amendment No. 1814

       Beginning on page 182, line 15, the following new 
     subsection (R) is to be added:
       ``(R) Any bridge project which has already received funding 
     in accordance with P.L. 102-240 section 1107, subparagraph 
     (b) and for which 100% of the planning and over 25% of the 
     construction is completed shall be considered a project 
     eligible for funding under the National Highway System.''
                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 1815-1829

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted 15 amendments intended to be proposed by him to 
amendment No. 1676 proposed by him to the bill, S. 1173, supra; as 
follows:

                           Amendment No. 1815

       On page 163, line 10, insert ``the decisionmaking process 
     for'' after ``with''.
       On page 163, line 17, insert ``the decisionmaking process 
     for'' after ``with''.
       On page 164, line 17, insert ``the decisionmaking process 
     for'' after ``with''.
                                                                    ____


                           Amendment No. 1816

       At the end of the title entitled ``Revenue'', add the 
     following:

     SEC. ____. REMOVAL OF CAP ON HEAVY USE VEHICLE EXCISE TAX.

       (a) In General.--Section 4481(a) is amended to read as 
     follows:
       ``(a) Imposition of Tax.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     tax is hereby imposed on the use of any highway motor vehicle 
     which (together with the semitrailers and trailers 
     customarily used in connection with highway motor vehicles of 
     the same type as such highway motor vehicle) has a taxable 
     gross weight of at least 55,000 pounds at the rate of $100 
     per year plus $22 for each 1,000 pounds (or fraction thereof) 
     in excess of 55,000 pounds.
       ``(2) Adjustment of rate to ensure revenue neutrality.--For 
     taxable periods beginning after June 30, 1998, the Secretary 
     shall reduce the rate of tax under paragraph (1) by an amount 
     which shall result in total revenues resulting from the 
     imposition of the tax under this section for such taxable 
     periods being no greater than the total revenues resulting 
     from such imposition if the amendment made by section __ of 
     the Intermodal Surface Transportation Revenue Act of 1998 had 
     not been enacted.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on July 1, 1998.
                                                                    ____


                           Amendment No. 1817

       At the end of the title entitled ``Revenue'', add the 
     following:

     SEC. ____. REMOVAL OF CAP ON HEAVY USE VEHICLE EXCISE TAX.

       (a) In General.--Section 4481(a) is amended to read as 
     follows:
       ``(a) Imposition of Tax.--A tax is hereby imposed on the 
     use of any highway motor vehicle which (together with the 
     semitrailers and trailers customarily used in connection with 
     highway motor vehicles of the same type as such highway motor 
     vehicle) has a taxable gross weight of at least 55,000 pounds 
     at the rate of $100 per year plus $22 for each 1,000 pounds 
     (or fraction thereof) in excess of 55,000 pounds.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on July 1, 1998.
                                                                    ____


                           Amendment No. 1818

       On page 43, lines 11 and 12, strike ``sections 5222, 5232, 
     and 5241'' and insert ``sections 5222 and 5232''.
       On page 309, after line 15, strike the items relating to 
     subchapter IV and section 5241.
       On page 318, strike lines 18 through 23 and insert the 
     following:
       (a) In General.--Subchapter I of chapter 5 of title 23, 
     United States Code (as amended by section 2017), is amended 
     by adding at the end the following:

     ``Sec. 513. National university transportation centers

       On page 319, line 1, insert ``of title 49'' after ``5317''.
       On page 319, strike lines 7 through 15 and insert the 
     following:
       ``(2) to continue operation of university transportation 
     centers at the National Center for Transportation and 
     Industrial Productivity, the Mack-Blackwell National Rural 
     Transportation Study Center, the National Center for Advanced 
     Transportation Technology, the Norman Y. Mineta International 
     Institute for Surface Transportation Policy, and the 
     University of Alabama Transportation Research Center.
       On page 325, strike lines 12 and 13 and insert the 
     following:
     not more than $12,000,000 for each of fiscal years 1998 
     through 2003, of which, for each fiscal year--
       ``(A) not more than $8,000,000 shall be available for 
     operation of the university transportation centers described 
     in subsection (a)(1); and
       ``(B) not more than $4,000,000 shall be available for 
     operation of the university transportation centers described 
     in subsection (a)(2).
       On page 325, line 17, strike ``of title 23''.
       On page 337, after the item relating to section 512, insert 
     the following:

``513. National University Transportation Centers.
                                                                    ____


                           Amendment No. 1819

       On page 337, after the item relating to section 512, insert 
     the following:

``513. Use of fluorescent materials for enhanced night visibility.
       On page 381, strike line 7 and insert the following:

     SEC. 2018. USE OF FLUORESCENT MATERIALS FOR ENHANCED NIGHT 
                   VISIBILITY.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2017), is amended by adding at the end 
     the following:

     ``Sec. 513. Use of fluorescent materials for enhanced night 
       visibility

       ``(a) In General.--
       ``(1) Program.--The Secretary shall establish and carry out 
     a program to demonstrate the application and feasibility of 
     technology using ultraviolet-activated fluorescent materials 
     for enhanced night visibility on the highways of the United 
     States (referred to in this section as the `technology').
       ``(2) Goals.--The goals of the program shall include--
       ``(A) advancing the current state of the technology;
       ``(B) reducing the technological, institutional, and 
     economic constraints associated with the use and 
     commercialization of the technology;
       ``(C) determining the costs and benefits of widespread use 
     of the technology; and
       ``(D) promoting technology transfer and laying the 
     foundation for widespread deployment of the technology.
       ``(b) Grants, Cooperative Agreements, and Contracts.--
       ``(1) Research and development.--Under the program 
     established under this section, the Secretary shall make 
     grants, and enter into cooperative agreements and contracts, 
     to carry out a research and development program to achieve 
     the goals specified in subsection (a)(2), including--
       ``(A) increasing efficiency in the design and manufacture 
     of ultraviolet headlights; and
       ``(B) reducing highway installation and maintenance costs 
     of fluorescent markings and signs.
       ``(2) Demonstration.--
       ``(A) In general.--Under the program established under this 
     section, the Secretary shall make grants, and enter into 
     cooperative agreements and contracts, to carry out a 
     demonstration program to accelerate innovation with respect 
     to the technology and to lay the foundation for widespread 
     deployment of the technology.
       ``(B) Required elements.--
       ``(i) In general.--The demonstration program shall consist 
     of 2 or more demonstration projects designed to develop--

[[Page S1594]]

       ``(I) reliable and valid data on the costs of, benefits 
     from, impacts of, and technological, institutional, and 
     economic constraints to widespread deployment of the 
     technology; and
       ``(II) the information necessary to prepare the interim and 
     final reports required by subsection (c).

       ``(ii) Types of data to be developed.--Data shall be 
     developed on factors including--

       ``(I) improved visibility of pedestrians by operators of 
     motor vehicles;
       ``(II) fluorescent traffic control devices and markings;
       ``(III) acceptance of the technology by the motoring 
     public, pedestrians, automobile and equipment component 
     manufacturers, and highway officials;
       ``(IV) safety benefits and costs;
       ``(V) environmental and health concerns; and
       ``(VI) technological, institutional, and economic 
     constraints.

       ``(iii) Minimum size of demonstration project.--At least 1 
     of the demonstration projects shall include not fewer than 
     5000 vehicles.
       ``(C) Commencement of projects.--Site selection and 
     experimental design for the demonstration projects shall 
     commence not later than October 1, 2000.
       ``(c) Reports.--
       ``(1) In general.--Not later than September 30, 2001, the 
     Secretary shall submit an interim report, and not later than 
     September 30, 2003, the Secretary shall submit a final 
     report, to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works and the Committee on Commerce, 
     Science, and Transportation of the Senate that--
       ``(A) describes the advances of the research and the 
     results of the demonstration projects conducted under this 
     section;
       ``(B) analyzes the constraints to widespread deployment of 
     the technology, including the institutional and economic 
     constraints associated with the use of fluorescent traffic 
     control devices and markings identified by ultraviolet 
     headlights; and
       ``(C) makes recommendations for legislative and 
     administrative actions that would address the constraints and 
     accelerate widespread deployment of the technology.
       ``(2) Assessment on health and environmental 
     consequences.--Each report shall include an independent 
     assessment conducted by the National Academy of Sciences on 
     the health and environmental consequences, if any, that might 
     be anticipated from widespread deployment of the technology.
       ``(3) Consultation.--Each report shall be prepared by the 
     Administrator of the Federal Highway Administration, after 
     consultation with the National Highway Traffic Safety 
     Administration, the American Association of State Highway and 
     Transportation Officials, and representatives of the 
     automobile industry and the highway safety community.
       ``(d) Technology and Information Transfer.--The Secretary 
     shall take such action as is necessary to ensure that the 
     information and technology resulting from the research and 
     development and demonstration programs carried out under this 
     section are made available to State and local transportation 
     departments and interested parties as specified by the 
     Secretary.
       ``(e) Authorization of Contract Authority.--
       ``(1) In general.--Of the funds made available by section 
     541,--
       ``(A) to carry out the research and development program 
     under subsection (b)(1), including development of ultraviolet 
     headlights, $1,500,000 for each of fiscal years 1999 through 
     2001; and
       ``(B) to carry out the demonstration program under 
     subsection (b)(2) $6,000,000 for fiscal year 2001, $6,000,000 
     for fiscal year 2002, and $2,500,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.''.

     SEC. 2019. CONFORMING AMENDMENTS.
                                                                    ____


                           Amendment No. 1820

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 13, between lines 9 and 10, insert 
     the following:
       (6) Additional allocations.--
       (A) In general.--Notwithstanding any other provision of 
     this subsection, the Secretary shall allocate $60,000,000 of 
     the funds made available to carry out the program to eligible 
     States described in subparagraph (C).
       (B) Distribution and use of funds.--Funds allocated under 
     subparagraph (A) shall be--
       (i) divided equally among the eligible States; and
       (ii) used for projects eligible for funding under this 
     subsection.
       (C) Eligible states.--A State is eligible for an allocation 
     under subparagraph (A) if the State--
       (i) is listed in the table in subsection (d)(1);
       (ii) is not eligible for funding under subsection 
     (b)(1)(B); and
       (iii) is not eligible for funding under the other 
     paragraphs of this subsection.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684--
       (1) on page 13, line 10, strike ``(6)'' and insert ``(7)'';
       (2) on page 13, line 14, strike ``(7)'' and insert ``(8)'';
       (3) on page 13, line 19, strike ``$360,000,000'' and insert 
     ``$420,000,000''; and
       (4) on page 14, line 1, strike ``(8)'' and insert ``(9)''.
       On page 415, strike lines 10 through 15 and insert the 
     following:
     (other than the Mass Transit Account) to carry out sections 
     502, 507, 509, and 511 $98,000,000 for fiscal year 1998, 
     $41,000,000 for fiscal year 1999, $44,000,000 for fiscal year 
     2000, $47,000,000 for fiscal year 2001, $49,000,000 for 
     fiscal year 2002, and $54,000,000 for fiscal year 2003.
                                                                    ____


                           Amendment No. 1821

       On page 85, between lines 18 and 19, insert the following:
       (d) Report on Use of Funds.--Section 104 of title 23, 
     United States Code (as amended by subsection (c)) is amended 
     by adding at the end the following:
       ``(n) Report on Use of Funds.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall submit a 
     report to Congress describing and depicting in map form, on 
     the basis of sub-State geographic area, the relationship 
     between--
       ``(A) tax payments attributable to highway users paid into 
     the Highway Trust Fund (other than the Mass Transit Account); 
     and
       ``(B) the obligation of funds from the Highway Trust Fund 
     (other than the Mass Transit Account).
       ``(2) Estimates.--The report shall include estimates for 
     the most recent fiscal year for which data are available and, 
     to the maximum extent practicable, for previous fiscal years.
       ``(3) Types of sub-state geographic area.--The report shall 
     contain information on the basis of each State's urbanized, 
     nonurbanized, and rural areas and may contain information on 
     the basis of other sub-State geographic areas.
       ``(4) Data collection.--The Secretary may perform such 
     analysis and collect or require to be collected such data as 
     is necessary to carry out this subsection.
       ``(5) Annual updates.--Not later than 1 year after the date 
     of submission of the report to Congress and annually 
     thereafter, the Secretary shall update the information 
     contained in the report.
       ``(6) Publication.--The Secretary shall publish, or 
     otherwise make publicly available, the information contained 
     in the report and annual updates.''.
                                                                    ____


                           Amendment No. 1822

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

     SEC. ____. BUDGETARY TREATMENT OF TRANSPORTATION TRUST FUNDS.

       (a) Findings.--Congress finds the following:
       (1) Included in the President's budget for fiscal year 1999 
     was a proposal by the Office of Management and Budget to 
     administratively redefine obligation limitations on 
     transportation trust funds as budget authority and thereby 
     eliminating contract authority as a form of budget authority.
       (2) This administrative decision is in direct contradiction 
     to explicit legislative guidance to the contrary in the 
     Congressional Budget Act of 1974. Section 3(2)(A) of the 
     Congressional Budget Act of 1974 defines contract authority 
     as a form of budget authority. Section 3(2)(B) of the 
     Congressional Budget Act of 1974 explicitly defines the trust 
     funds where obligation limitations shall be defined as 
     obligation limitations. This list does not include the 
     transportation trust funds.
       (3) The Office of Management and Budget proposal does not 
     help to address the fundamental problem with the budgetary 
     treatment of the transportation trust funds, the lack of 
     linkage between the taxes deposited into the trust fund and 
     the spending from those same trust funds.
       (4) It is clear that the budgetary treatment of the 
     transportation trust funds need to be modified to provide a 
     more appropriate linkage between trust fund receipts and 
     trust fund spending. The Office of Management and Budget 
     proposal is not a step forward in is direction. Under current 
     law, increases in trust fund receipts to these trust funds 
     can only be used to offset other mandatory spending and 
     cannot be used to pay for increased transportation spending. 
     Congress should address the illogical budgetary treatment of 
     the transportation trust funds.
       (b) Definition.--For purposes of this section, the term 
     ``transportation trust funds'' includes the Highway Trust 
     Fund and Airport and Airway Trust Fund.
       (c) Limitation.--The Office of Management and Budget may 
     not use its authority to change budgetary concepts and 
     definitions under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 to redefine obligation limitations for 
     the transportation trust funds as budget authority for any 
     purpose under that Act or the Congressional Budget Act of 
     1974.
       (d) Prohibition.--Obligation limitations on transportation 
     trust funds shall not be treated as budget authority for any 
     purpose under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 or the Congressional Budget Act of 1974 
     unless the application of this subsection is specifically 
     limited and referenced in law.
                                                                    ____


                           Amendment No. 1823

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

[[Page S1595]]

     SEC. ____. AMENDMENT TO THE BALANCED BUDGET AND EMERGENCY 
                   DEFICIT CONTROL ACT OF 1985.

       (a) Definitions.--Section 250(c)(4) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 is amended by 
     inserting ``and any committee of the House of Representatives 
     and the Senate whose jurisdiction includes the subject matter 
     of the new accounts or activities'' after ``and the Senate''.
       (b) Discretionary Spending.--Section 251(b)(1) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended by inserting ``and any committee of the House of 
     Representatives and the Senate whose jurisdiction includes 
     the subject matter of the new accounts or activities'' after 
     ``and the Senate''.
                                                                    ____


                           Amendment No. 1824

       Strike ``Intermodal Surface Transportation Efficiency Act 
     of 1997'' each place it appears and insert ``Intermodal 
     Surface Transportation Efficiency Act of 1998''.
       Strike ``Transportation Infrastructure Finance and 
     Innovation Act of 1997'' each place it appears and insert 
     ``Transportation Infrastructure Finance and Innovation Act of 
     1998''.
       Strike ``Intelligent Transportation Systems Act of 1997'' 
     each place it appears and insert ``Intelligent Transportation 
     Systems Act of 1998''.
       Strike ``Intermodal Transportation Safety Act of 1997'' 
     each place it appears and insert ``Intermodal Transportation 
     Safety Act of 1998''.
                                                                    ____


                           Amendment No. 1825

       At the end of title IV, add the following:

     SEC. ____. ELIMINATION OF CERTAIN DELAY IN DEPOSITS OF 
                   HIGHWAY MOTOR FUEL TAX REVENUES.

       Section 901 of the Taxpayer Relief Act of 1997 (111 Stat. 
     871) is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
                                                                    ____


                           Amendment No. 1826

       At the end of title IV add the following:

     SEC. __. REPEAL OF CERTAIN LIMITATION ON EXPENDITURES.

       (a) In General.--Section 9503(c) of the Internal Revenue 
     Code of 1986 (relating to expenditures from Highway Trust 
     Fund) is amended by striking paragraph (7).
       (b) Effective Date.--The amendment made by this section 
     takes effect as if included in the enactment of section 901 
     of the Taxpayer Relief Act of 1997.
                                                                    ____


                           Amendment No. 1827

     SEC. ____. ELIMINATION OF CERTAIN DELAY IN DEPOSITS OF 
                   HIGHWAY MOTOR FUEL TAX REVENUES.

       Section 901 of the Taxpayer Relief Act of 1997 (111 Stat. 
     871) is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
                                                                    ____


                           Amendment No. 1828

       Beginning on page 5, strike line 7 and all that follows 
     through page 38, line 17, and insert the following:

     SEC. 1101. AUTHORIZATIONS.

       For the purpose of carrying out title 23, United States 
     Code, the following sums shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account):
       (1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,396,548,000 for fiscal year 
     1998, $12,369,867,000 for fiscal year 1999, $12,343,721,000 
     for fiscal year 2000, $12,367,017,000 for fiscal year 2001, 
     $12,634,621,000 for fiscal year 2002, and $13,065,331,000 for 
     fiscal year 2003, of which--
       (A) $4,761,136,000 for fiscal year 1998, $4,771,338,000 for 
     fiscal year 1999, $4,801,026,000 for fiscal year 2000, 
     $4,837,108,000 for fiscal year 2001, $4,926,078,000 for 
     fiscal year 2002, and $5,075,859,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,449,041,000 for fiscal year 1998, $1,452,416,000 for 
     fiscal year 1999, $1,460,912,000 for fiscal year 2000, 
     $1,472,658,000 for fiscal year 2001, $1,499,600,000 for 
     fiscal year 2002, and $1,545,051,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,245,207,000 for fiscal year 1998, $7,201,047,000 for 
     fiscal year 1999, $7,305,594,000 for fiscal year 2000, 
     $7,361,222,000 for fiscal year 2001, $7,495,937,000 for 
     fiscal year 2002, and $7,724,222,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,190,284,000 for fiscal year 1998, $1,192,576,000 for 
     fiscal year 1999, $1,199,998,000 for fiscal year 2000, 
     $1,209,794,000 for fiscal year 2001, $1,231,262,000 for 
     fiscal year 2002, and $1,269,481,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums made available 
     for expenditure on the Interstate and National Highway System 
     program, the congestion mitigation and air quality 
     improvement program, and the surface transportation program, 
     for that fiscal year, among the States in the following 
     manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, and for the purposes specified in 
     subparagraph (A), in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

[[Page S1596]]

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) shall not be taken into account in 
     determining the apportionments and allocations that any State 
     shall be entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title.''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 150 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United

[[Page S1597]]

     States Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 150 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     150 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than .85; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.27 ....

    Arkansas..................................................1.36 ....

    Delaware..................................................0.50 ....

    Hawaii....................................................0.58 ....

    Idaho.....................................................0.85 ....

    Montana...................................................1.09 ....

    Nevada....................................................0.76 ....

    New Hampshire.............................................0.55 ....

    New Jersey................................................2.44 ....

    New Mexico................................................1.08 ....

    North Dakota..............................................0.76 ....

    Rhode Island..............................................0.61 ....

    South Dakota..............................................0.81 ....

    Vermont...................................................0.50 ....

    Virginia..................................................2.56 ....

    Wyoming...................................................0.79.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.
       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(3)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(3)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.

[[Page S1598]]

       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(b)''.
                                                                    ____


                           Amendment No. 1829

       Beginning on page 5, strike line 7 and all that follows 
     through page 38, line 17, and insert the following:

     SEC. 1101. AUTHORIZATIONS.

       For the purpose of carrying out title 23, United States 
     Code, the following sums shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account):
       (1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,396,548,000 for fiscal year 
     1998, $12,691,604,000 for fiscal year 1999, $12,672,215,000 
     for fiscal year 2000, $12,709,390,000 for fiscal year 2001, 
     $13,028,866,000 for fiscal year 2002, and $13,485,484,000 for 
     fiscal year 2003, of which--
       (A) $4,884,261,000 for fiscal year 1998, $4,895,439,000 for 
     fiscal year 1999, $4,928,972,000 for fiscal year 2000, 
     $4,971,020,000 for fiscal year 2001, $5,079,789,000 for 
     fiscal year 2002, and $5,239,088,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,486,514,000 for fiscal year 1998, $1,490,193,000 for 
     fiscal year 1999, $1,499,790,000 for fiscal year 2000, 
     $1,513,428,000 for fiscal year 2001, $1,546,393,000 for 
     fiscal year 2002, and $1,594,736,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,432,571,000 for fiscal year 1998, $7,449,905,000 for 
     fiscal year 1999, $7,500,013,000 for fiscal year 2000, 
     $7,565,013,000 for fiscal year 2001, $7,729,837,000 for 
     fiscal year 2002, and $7,972,616,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,221,065,000 for fiscal year 1998, $1,233,595,000 for 
     fiscal year 1999, $1,231,933,000 for fiscal year 2000, 
     $1,243,286,000 for fiscal year 2001, $1,269,682,000 for 
     fiscal year 2002, and $1,310,305,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums made available 
     for expenditure on the Interstate and National Highway System 
     program, the congestion mitigation and air quality 
     improvement program, and the surface transportation program, 
     for that fiscal year, among the States in the following 
     manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, and for the purposes specified in 
     subparagraph (A), in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

[[Page S1599]]

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) shall not be taken into account in 
     determining the apportionments and allocations that any State 
     shall be entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title.''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 150 percent; and

[[Page S1600]]

       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 150 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     150 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than ____; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.27 ....

    Arkansas..................................................1.36 ....

    Delaware..................................................0.50 ....

    Hawaii....................................................0.58 ....

    Idaho.....................................................0.85 ....

    Montana...................................................1.09 ....

    Nevada....................................................0.76 ....

    New Hampshire.............................................0.55 ....

    New Jersey................................................2.44 ....

    New Mexico................................................1.08 ....

    North Dakota..............................................0.76 ....

    Rhode Island..............................................0.61 ....

    South Dakota..............................................0.81 ....

    Vermont...................................................0.50 ....

    Virginia..................................................2.56 ....

    Wyoming...................................................0.79.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.
       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by

[[Page S1601]]

     striking ``, 104(b)(2), and 104(b)(6)'' and inserting ``and 
     104(b)(3)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(3)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(b)''.
                                 ______
                                 

                    McCAIN AMENDMENTS NOS. 1830-1834

  (Ordered to lie on the table.)
  Mr. McCAIN submitted five amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1830

       On page 34, line 18, strike ``$117,858,000'' and insert 
     ``$166,700,000'';
       On page 34, line 19, strike ``$123,492,000'' and insert 
     ``$166,700,000'';
       On page 34, line 20, strike ``$126,877,000'' and insert 
     ``$166,700,000'';
       On page 34, line 22, strike ``$130,355,000'' and insert 
     ``$166,700,000'';
       On page 34, line 24, strike ``$133,759,000'' and insert 
     ``$166,700,000'';
       On page 35, line 1, strike ``$141,803,000'' and insert 
     ``$171,034,000'';
       On page 35, line 8, strike ``$30,570,000'' and insert 
     ``$44,000,000'';
       On page 35, line 9, strike ``$28,500,000'' and insert 
     ``$39,000,000'';
       On page 35, line 10, strike ``$29,273,000'' and insert 
     ``$39,000,000'';
       On page 35, line 11, strike ``$30,065,000'' and insert 
     ``$39,000,000'';
       On page 35, line 12, strike ``$38,743,000'' and insert 
     ``$49,000,000'';
       On page 35, line 14, strike ``$39,815,000'' and insert 
     ``$50,170,000'';
       On page 35, line 21, after the first comma, insert ``to 
     subsection 402(m) and section 410 of title 23, United States 
     Code.'';
       On page 36, line 5, strike ``$13,950,000'' and insert 
     ``$20,000,000'';
       On page 36, line 6, strike ``$14,618,000'' and insert 
     ``$20,000,000'';
       On page 36, line 7, strike ``$15,012,000'' and insert 
     ``$20,000,000'';
       On page 36, line 8, strike ``$15,418,000'' and insert 
     ``$20,000,000'';
       On page 36, line 9, strike ``$17,640,000'' and insert 
     ``$22,000,000'';
       On page 36, line 11, strike ``$17,706,000'' and insert 
     ``$22,312,000'';
       On page 37, line 4, strike ``$8,370,000'' and insert 
     ``$12,000,000'';
       On page 37, line 5, strike ``$8,770,000'' and insert 
     ``$12,000,000'';
       On page 37, line 6, strike ``$9,007,000'' and insert 
     ``$12,000,000'';
       On page 37, line 8, strike ``$9,250,000'' and insert 
     ``$12,000,000'';
       On page 37, line 23, strike ``$60,100,000'' and insert 
     ``$73,100,000'';
       On page 37, line 25 and 26, strike all after ``2001,'' and 
     insert ``2002, and 2003.'';
       On page 38, line 13, strike ``$1,605,000'' and insert 
     ``$2,300,000'';
       On page 38, line 14, strike ``$1,680,000'' and insert 
     ``$2,300,000'';
       On page 38, line 15, strike ``$1,726,000'' and insert 
     ``$2,300,000'';
       On page 38, line 16, strike ``$1,772,000'' and insert 
     ``$2,300,000'';
       On page 38, line 17, strike ``$1,817,000'' and insert 
     ``$2,300,000''; and
       On page 38, line 18, strike ``$1,872,000'' and insert 
     ``$2,360,000''.
                                                                    ____


                           Amendment No. 1831

       At the end of subsection (f) of Section 3101, ``Highway 
     Safety Programs,'' insert the following:
       ``(n) Drugged Driving Countermeasures.--The Secretary shall 
     make grants to those States that adopt and implement effect 
     programs to reduce drug use and drugged driving:
       (l) Grant eligibility.--A state is eligible for a grant 
     under this subsection in a fiscal year by meeting, to the 
     satisfaction of the Secretary, 5 or more of the following 
     criteria:
       (A) Zero tolerance for drugs.--The State has in effect a 
     law that requires that any person with a measurable amount of 
     a controlled substance, a combination of controlled 
     substances, or a combination of alcohol and controlled 
     substances when driving a motor vehicle shall be deemed to be 
     driving under the influence of or impaired by a controlled 
     substance.
       (B) Drug impaired driving.--The State has in effect a law 
     that makes it unlawful for any person to drive or be in 
     actual physical control of a motor vehicle while under the 
     influence of or impaired by a drug or substance (licit or 
     illicit).
       (C) Mandatory testing for drugs or substances.--The State 
     has in effect a law that provides for mandatory chemical 
     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 a drug or substance-related traffic offense.
       (D) Administrative license revocation.--The State has in 
     effect an administrative driver's license suspension or 
     revocation system for persons who operate motor vehicles 
     while under the influence of a drug or substance 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 one or more chemical tests to have 
     been operating a motor vehicle under the influence of a drug 
     or substance or is determined to have refused to submit to 
     such a test as requested by the law enforcement officer, the 
     State agency responsible for administering drivers' licenses, 
     upon receipt 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

[[Page S1602]]

     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 (D)(i) 
     shall take effect not later than 30 days after the day on 
     which the person was determined to have been driving under 
     the influence of drugs or refused to take a chemical test in 
     accordance with the State's procedures.
       ``(E) License revocation or suspension of persons convicted 
     of drug offenses.--The State has in effect a law that 
     requires in all circumstances, or requires in the absence of 
     compelling circumstances warranting an exception--
       (i) the revocation, or suspension for at least 6 months, of 
     the driver's license of any person who is convicted, after 
     the enactment of such law, of--
       ``(I) any violation of the Controlled Substances Act, or
       ``(II) any drug offense; and
       ``(ii) a delay in the issuance or reinstatement of a 
     driver's license to such a person for at least 6 months after 
     the person applies for the issuance or reinstatement of a 
     driver's license if the person does not have a driver's 
     license, or the driver's license of the person is suspended, 
     at the time the person is so convicted.
       ``(F) Graduated licensing.--The State has adopted an 
     effective three state graduated licensing system for young 
     drivers, as determined by the Secretary, that includes drug 
     use and drugged driving provisions.
       ``(G) Active enforcement and publicity.--The State provides 
     for active enforcement and publicity, as determined by the 
     Secretary, of drugged driving laws.
       ``(H) Drug intervention.--The State has in effect a system, 
     that provides for an assessment of persons determined to have 
     been operating a motor vehicle under the influence of or 
     impaired by a drug or controlled substance, as determined by 
     the Secretary, and referral to drug education, counseling, 
     and treatment, as appropriate.
       ``(I) Drug education.--The State as adopted an effective 
     educational program, as determined by the Secretary, under 
     which drug information is provided to persons who apply for 
     and who renew their driver's licenses, and drug-related 
     questions are included on drivers' license examinations.
       ``(2) Grant amount.--The amount of a grant made for drugged 
     driving countermeasures for any fiscal year to any eligible 
     State shall not be more than 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under Section 
     402 of this title.
       ``(3) Definitions.--For the purposes of this subsection--
       ``(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.''.
       Strike ``Section 3103, Authorization of Appropriations'' 
     and insert in its place the following:

     ``SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

       The following sums are authorized to be appropriated out of 
     the Highway Trust Fund (other than the Mass Transit Account):
       (1) Consolidated State Highways 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 subsections (l) and (m) of 
     that section--
       (i) $166,700,000 for fiscal year 1998;
       (ii) $166,700,000 for fiscal year 1999;
       (iii) $166,700,000 for fiscal year 2000;
       (iv) $166,700,000 for fiscal year 2001;
       (v) $166,700,000 for fiscal year 2002; and
       (vi) $171,034,000 for fiscal year 2003;
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of section 402(l) 
     of title 23, United States Code, by the National Highway 
     Traffic Safety Administration--
       (i) $44,000,000 for fiscal year 1998;
       (ii) $39,000,000 for fiscal year 1999;
       (iii) $39,000,000 for fiscal year 2000;
       (iv) $39,000,000 for fiscal year 2001;
       (v) $49,000,000 for fiscal year 2002; and
       (vi) $50,170,000 for fiscal year 2003.

     Amounts made available to carry out section 402(l) of title 
     23, United States Code, are authorized to remain available 
     until expended, provided that, in each fiscal year the 
     Secretary may reallocate any amounts remaining available 
     under section 402(l) of section 402 of title 23, United 
     States Code, to subsections (m) and (n) of section 402 and of 
     section 410 of title 23, United States Code, as necessary to 
     ensure, to the maximum extent possible, that States may 
     receive the maximum incentive funding for which they are 
     eligible under these programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of section 410 of title 23, United States 
     Code, by the National Highway Traffic Safety Administration--
       (i) $20,000,000 for fiscal year 1998;
       (ii) $20,000,000 for fiscal year 1999;
       (iii) $20,000,000 for fiscal year 2000;
       (iv) $20,000,000 for fiscal year 2001;
       (v) $22,000,000 for fiscal year 2002; and
       (vi) $22,312,000 for fiscal year 2003.

     Amounts made available to carry out section 410 of title 23, 
     United States Code, are authorized to remain available until 
     expended, provided that, in each fiscal year the Secretary 
     may reallocate any amounts remaining available under section 
     410 of title 23, United States Code, to subsections (l), (m), 
     and (n) of section 402 of title 23, United States Code, as 
     necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (D) To carry out the State highway safety data improvements 
     incentive grant provisions of section 402(m) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration--
       (i) $12,000,000 for fiscal year 1998;
       (ii) $12,000,000 for fiscal year 1999;
       (iii) $12,000,000 for fiscal year 2000; and
       (iv) $12,000,000 for fiscal year 2001.

     Amounts made available to carry out section 402(m) of title 
     23, United States Code, are authorized to remain available 
     until expended.
       (E) To carry out the drugged driving countermeasures 
     incentive grant provisions of subsection (n) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $5,000,000 for each of fiscal years 1999, 
     2000, 2001, 2002, and $5,130,000 for fiscal year 2003. 
     Amounts made available to carry out subsection (n) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (n) to subsections (l) 
     and (m) of section 402 and of section 410 of title 23, United 
     States Code, as necessary to ensure, to the maximum extent 
     possible, that States may receive the maximum incentive 
     funding for which they are eligible under these programs.
       (2) Section 403 Highway Safety Research and Development.--
     For carrying out the functions of the Secretary, by the 
     National Highway traffic Safety Administration, for highway 
     safety research and development under section 403 of title 
     23, United States Code, there are authorized to be 
     appropriated $73,100,000 for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003.
       (3) Public Education Effort.--Out of funds made available 
     for carrying out programs under section 403 of title 23, 
     United States Code, for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003, the Secretary of Transportation 
     shall obligate at least $500,000 to educate the motoring 
     public on how to share the road safely with commercial motor 
     vehicles.
       (4) National Driver Register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration--
       (A) $2,300,000 for fiscal year 1998;
       (B) $2,300,000 for fiscal year 1999;
       (C) $2,300,000 for fiscal year 2000;
       (D) $2,300,000 for fiscal year 2001;
       (E) $2,300,000 for fiscal year 2002; and
       (F) $2,360,000 for fiscal year 2003.''.
                                                                    ____


                           Amendment No. 1832

       At the appropriate place insert the following:

     SEC. 11____. AVAILABILITY OF FUNDING FOR DEMONSTRATION 
                   PROJECTS.

       Section 118(b)(2) of title 23, United States Code, is 
     amended--
       (1) by striking ``funds.--Except as'' and inserting the 
     following: ``funds.--
       ``(A) In general.--Except as''; and
       (2) by adding at the end the following:
       ``(B) Demonstration projects.--
       ``(i) Definition.--In this subparagraph, the term 
     `demonstration project' means a demonstration project or 
     program authorized under--

       ``(I) the Intermodal Surface Transportation Efficiency Act 
     of 1991 (Public Law 102-240);
       ``(II) the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (Public Law 100-17);
       ``(III) the Surface Transportation Assistance Act of 1982 
     (Public Law 97-424); or
       ``(IV) any other law.

       ``(ii) Period of availability.--Notwithstanding any other 
     provision of law, if none of the funds allocated for a 
     demonstration project in a State have been obligated by the 
     date that is 3 years after the last day of the fiscal year 
     for which the funds are authorized, the funds and the 
     authorization of the project shall lapse.
       ``(iii) Transition provision.--In the case of a 
     demonstration project authorized before the date of enactment 
     of this subparagraph for which funds are not obligated as 
     described in clause (ii) as of that date, the funds and the 
     authorization of the project shall lapse on that date.''.
                                                                    ____


                           Amendment No. 1833

       On page 129, beginning with line 1, strike through line 23 
     on page 133 and insert the following:

     shall not apply to any driver of a utility service vehicle 
     during an emergency period of not more than 30 days declared 
     by an elected State or local government official under 
     paragraph (2) in the area covered by the declaration.
       ``(2) Declaration of emergency.--The regulations described 
     in subparagraphs (A), (B), and (C) of paragraph (1) do not 
     apply to the driver of a utility service vehicle operated--
       ``(A) in the area covered by an emergency declaration under 
     this paragraph; and

[[Page S1603]]

       ``(B) for a period of not more than 30 days designated in 
     that declaration,

     ssued by an elected State or local government official (or 
     jointly by elected officials of more than one State or local 
     government), after notice to the Regional Director of the 
     Federal Highway Administration with jurisdiction over the 
     area covered by the declaration.
       ``(3) Incident report.--Within 30 days after the end of the 
     declared emergency period the official who issued the 
     emergency declaration shall file with the Regional Director a 
     report of each safety-related incident or accident that 
     occurred during the emergency period involving--
       ``(A) a utility service vehicle driver to which the 
     declaration applied; or
       ``(B) a utility service vehicle to the driver of which the 
     declaration applied.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Driver of a utility service vehicle.--The term 
     `driver of a utility service vehicle' means any driver who is 
     considered to be a driver of a utility service vehicle for 
     purposes of section 345(a)(4) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note).
       ``(B) Utility service vehicle.--The term `utility service 
     vehicle' has the meaning given that term in section 345(e)(6) 
     of the National Highway System Designation Act of 1995 (49 
     U.S.C. 31136 note).''.
       (b) Continued Application of Safety and Maintenance 
     Requirements.--
       (1) In general.--The amendment made by subsection (a) may 
     not be construed--
       (A) to exempt any utility service vehicle from compliance 
     with any applicable provision of law relating to vehicle 
     mechanical safety, maintenance requirements, or inspections; 
     or
       (B) to exempt any driver of a utility service vehicle from 
     any applicable provision of law (including any regulation) 
     established for the issuance, maintenance, or periodic 
     renewal of a commercial driver's license for that driver.
       (2) Definitions.--For purposes of this subsection--
       (A) Commercial driver's license.--The term ``commercial 
     driver's license'' has the meaning given that term in section 
     31301(3) of title 49, United States Code.
       (B) Driver of a utility service vehicle.--The term ``driver 
     of a utility service vehicle'' has the meaning given that 
     term in section 31502(e)(2)(A) of title 49, United States 
     Code, as added by subsection (a).
       (C) Regulation.--The term ``regulation'' has the meaning 
     given that term in section 31132(6) of title 49, United 
     States Code.
       (D) Utility service vehicle.--The term ``utility service 
     vehicle'' has the meaning given that term in section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note).
                                                                    ____


                           Amendment No. 1834

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

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

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

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

       (2) by striking ``exemption'' each place it appears and 
     inserting ``special permit'';
       (3) by inserting ``authorization variances'' after 
     ``special permit'' the first place it appears in subsection 
     (a), as amended by paragraph (2) of this subsection;
       (4) by striking ``2'' in subsection (a)(2) and inserting 
     ``4'';
       (5) by redesignating subsection (e) as subsection (f), and 
     by inserting after subsection (d) the following:
       (e) Authority to Carry out Pilot Programs.--
       ``(1) In general.--The Secretary is authorized to carry out 
     pilot programs to examine innovative approaches or 
     alternatives to regulations issued under this chapter. The 
     Secretary may carry out pilot programs unless the Secretary 
     determines pilot programs would pose an undue risk to public 
     health and safety.
       ``(2) Safety levels.--In carrying out a pilot project under 
     this subsection, the Secretary shall require, as a condition 
     of approval of the project, that the safety measures in the 
     project are designed to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would otherwise be achieved through compliance with the 
     standards prescribed under this chapter.
       ``(3) Termination of project.--The Secretary shall 
     immediately terminate any project entered into under this 
     subsection if the motor carrier or other entity to which it 
     applies fails to comply with the terms and conditions of the 
     pilot project or the Secretary determines that the project 
     has resulted in a lower level of safety than was maintained 
     before the project was initiated.''.
       (b) Section 5119(c) is amended by adding at the end the 
     following:
       ``(4) Pending promulgation of regulations under this 
     subsection, States may participate in a program of uniform 
     forms and procedures recommended by the working group under 
     subsection (b).''.
       (c) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5117 and inserting the 
     following:

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

                 ALLARD (AND GRAMS) AMENDMENT NO. 1835

  (Ordered to lie on the table.)
  Mr. ALLARD (for himself and Mr. Grams) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

                           Amendment No. 1835

       On page ____, strike lines ____ through ____, and insert 
     the following:
       ``(5) Remaining amounts shall be apportioned in urbanized 
     areas eligible for assistance under section 5336(b)(2)(A) 
     that are not described in paragraph (1) of this subsection, 
     if the areas contain fixed guideway systems placed in revenue 
     service not less than 7 years before the fiscal year in which 
     amounts are made available, and in any urbanized area if, 
     before the first day of that fiscal year, the area satisfies 
     the Secretary that the area has modernization needs that 
     cannot adequately be met with amounts received under section 
     5336(b)(2)(A), as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.''.
       At the appropriate place, insert the following:

     SEC. ____. ALLOCATION OF CAPITAL INVESTMENT GRANTS AND LOANS 
                   FOR NEW STARTS.

       Section 5309(m)(1)(B) of title 49, United States Code, is 
     amended by inserting before the semicolon at the end the 
     following: ``, of which any amount in excess of $760,000,000 
     is available exclusively for projects for new fixed guideway 
     systems, and extensions to existing fixed guideway systems 
     placed in revenue service not more than 15 years before the 
     fiscal year for which amounts are made available''.
                                 ______
                                 

                    COATS AMENDMENTS NOS. 1836-1837

  (Ordered to lie on the table.)
  Mr. COATS submitted two amendments intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

                           Amendment No. 1836

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 13, between lines 9 and 10, insert 
     the following:
       (6) Additional allocations.--
       (A) Gary, indiana.--Notwithstanding any other provision of 
     this subsection, the Secretary shall allocate $8,000,000 in 
     each of fiscal years 1999, 2000, 2001, 2002 and 2003 of the 
     funds made available to carry out the program to the State of 
     Indiana to be used for projects that are--
       (i) eligible for funding under this subsection; and
       (ii) carried out in the standard metropolitan statistical 
     area that includes Gary, Indiana (as determined by the 
     Secretary of Commerce).
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684--
       (1) on page 13, line 10, strike ``(6)'' and insert ``(7)'';
       (2) on page 13, line 14, strike ``(7)'' and insert ``(8)'';
       (3) on page 13, line 20, strike ``$360,000,000'' and insert 
     ``$368,000,000''; and
       (4) on page 14, line 1, strike ``(8)'' and insert ``(9)''.
       On page 415, strike lines 10 through 15 and insert the 
     following:

     ``(other than the Mass Transit Account) to carry out sections 
     502, 507, 509, and 511 $98,000,000 for fiscal year 1998, 
     $93,000,000 for fiscal year 1999, $96,000,000 for fiscal year 
     2000, $99,000,000 for fiscal year 2001, $102,000,000 for 
     fiscal year 2002, and $106,000,000 for fiscal year 2003.''
                                                                    ____


                           Amendment No. 1837

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 13, between lines 9 and 10, insert 
     the following:
       (6) Additional allocations.--
       (A) Gary, indiana.--Notwithstanding any other provision of 
     this subsection, the Secretary shall allocate $8,000,000 in 
     each of fiscal years 1999, 2000, 2001, 2002 and 2003 of the 
     funds made available to carry out the program to the State of 
     Indiana to be used for projects that are--
       (i) eligible for funding under this subsection; and
       (ii) carried out in the standard metropolitan statistical 
     area that includes Gary, Indiana (as determined by the 
     Secretary of Commerce).
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684--
       (1) on page 13, line 10, strike ``(6)'' and insert ``(7)'';
       (2) on page 13, line 14, strike ``(7)'' and insert ``(8)'';
       (3) on page 13, line 20, strike ``$360,000,000'' and insert 
     ``$368,000,000''; and
       (4) on page 14, line 1, strike ``(8)'' and insert ``(9)''.
                                 ______
                                 

               SPECTER (AND MOYNIHAN) AMENDMENT NO. 1838

  (Ordered to lie on the table.)
  Mr. SPECTER (for himself and Mr. Moynihan) submitted an amendment

[[Page S1604]]

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

       On page 115, strike lines 12 through 16 and insert the 
     following:
       ``(f) Project Selection.--
       ``(1) Pre-construction planning activities.--
       (A) Not later than 90 days after a deadline established by 
     the Secretary for the receipt of applications, the Secretary 
     shall evaluate the eligible projects in accordance with the 
     selection criteria and select 1 or more eligible projects to 
     receive financial assistance for pre-construction planning 
     activities, including--
       ``(i) preparation of feasibility studies, major investment 
     studies, and environmental impact statements and assessments 
     as are required under state law;
       ``(ii) pricing of the final design, engineering, and 
     construction activities proposed to be assisted under 
     paragraph (2); and
       ``(iii) such other activities as are necessary to provide 
     the Secretary with sufficient information to evaluate whether 
     a project should receive financial assistance for final 
     design, engineering, and construction activities under 
     paragraph (2).
       ``(B) Notwithstanding section (a)(1) of this section, 
     eligible project costs shall include the cost of pre-
     construction planning activities.
       ``(2) Final design, engineering, and construction 
     activities.--After completion of pre-construction planning 
     activities for all projects assisted under paragraph (1), the 
     Secretary shall select 1 of the projects to receive financial 
     assistance for final design, engineering, and construction 
     activities.''
                                 ______
                                 

                       SPECTER AMENDMENT NO. 1839

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 115, strike lines 12 through 16 and insert the 
     following:
       ``(f) Project Selection.--
       ``(1) Pre-construction planning activities.--
       (A) Not later than 90 days after a deadline established by 
     the Secretary for the receipt of applications, the Secretary 
     shall evaluate the eligible projects in accordance with the 
     selection criteria and select 1 or more eligible projects to 
     receive financial assistance for pre-construction planning 
     activities, including--
       ``(i) preparation of feasibility studies, major investment 
     studies, and environmental impact statements and assessments 
     as are required under state law;
       ``(ii) pricing of the final design, engineering, and 
     construction activities proposed to be assisted under 
     paragraph (2); and
       ``(iii) such other activities as are necessary to provide 
     the Secretary with sufficient information to evaluate whether 
     a project should receive financial assistance for final 
     design, engineering, and construction activities under 
     paragraph (2).
       ``(B) There are authorized to be appropriated from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this paragraph $25,000,000 for each of fiscal years 
     1999 and 2000, in addition to any funds authorized to be 
     appropriated under subsection (h) of this section. Funds made 
     available under this paragraph shall remain available until 
     expended.
       ``(2) Final design, engineering, and construction 
     activities.--After completion of pre-construction planning 
     activities for all projects assisted under paragraph (1), the 
     Secretary shall select 1 of the projects to receive financial 
     assistance for final design, engineering, and construction 
     activities.''
                                 ______
                                 

                SPECTER (AND OTHERS) AMENDMENT NO. 1840

  (Ordered to lie on the table.)
  Mr. SPECTER (for himself, Mr. Santorum, and Ms. Moseley-Braun) 
submitted an amendment intended to be proposed by them to amendment No. 
1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

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

     SEC.   . JOB ACCESS AND REVERSE COMMUTE GRANTS.

       (a) Findings.--Congress finds that--
       (1) two-thirds of all new jobs are in the suburbs, whereas 
     three-quarters of welfare recipients live in rural areas or 
     central cities;
       (2) even in metropolitan areas with excellent public 
     transit systems, less than half of the jobs are accessible by 
     transit;
       (3) in 1991, the median price of a new car was equivalent 
     to 25 weeks of salary for the average worker, and 
     considerably more for the low-income worker;
       (4) not fewer than 9,000,000 households and 10,000,000 
     Americans of driving age, most of whom are low-income 
     workers, do not own cars;
       (5) 94 percent of welfare recipients do not own cars;
       (6) nearly 40 percent of workers with annual incomes below 
     $10,000 do not commute by car;
       (7) many of the 2,000,000 Americans who will have their 
     Temporary Assistance to Needy Families grants (under the 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.)) terminated by the year 
     2002 will be unable to get to jobs they could otherwise hold;
       (8) increasing the transit options for low-income workers, 
     especially those who are receiving or who have recently 
     received welfare benefits, will increase the likelihood of 
     those workers getting and keeping jobs; and
       (9) many residents of cities and rural areas would like to 
     take advantage of mass transit to gain access to suburban 
     employment opportunities.
       (b) Grant Authority.--
       (1) In general.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5320 the 
     following:

     ``Sec. 5320a. Access to jobs

       ``(a) Definitions.--In this section:
       ``(1) Eligible low-income individual.--The term `eligible 
     low-income individual' means an individual whose family 
     income is at or below 150 percent of the poverty line (as 
     that term is defined in section 673(2) of the Community 
     Services Block Grant act (42 U.S.C. 9902(2)), including any 
     revision required by that section) for a family of the size 
     involved.
       ``(2) Eligible project.--The term `eligible project' 
     means--
       ``(A) Access to jobs projects.--a project relating to the 
     development of transportation services designed to transport 
     welfare recipients and eligible low-income individuals to and 
     from jobs and activities related to their employment, 
     including--
       ``(i) capital projects and to finance operating costs of 
     equipment, facilities, and associated capital maintenance 
     items related to providing access to jobs under this section;
       ``(ii) promoting the use of transit by workers with 
     nontraditional work schedules;
       ``(iii) promoting the use by appropriate agencies of 
     transit vouchers for welfare recipients and eligible low-
     income individuals under specific terms and conditions 
     developed by the Secretary; and
       ``(iv) promoting the use of employer-provided 
     transportation including the transit pass benefit under 
     subsections (a) and (f) of section 132 of title 26; or
       ``(B) Reverse commute projects.--a project related to the 
     development of transportation services designed to transport 
     individuals to suburban employment opportunities from urban, 
     urbanized, or nonurbanized areas. Amounts made available to a 
     grant recipient under this section for reverse commute 
     projects may be used--
       ``(i) to subsidize the costs associated with adding reverse 
     commute bus or rail routes or service to suburban workplaces;
       ``(ii) to subsidize the purchase or lease by a private 
     employer, nonprofit organization, or public agency of a van 
     or bus dedicated to shuttling employees from their residences 
     in urban, urbanized, or nonurbanized areas to a suburban 
     workplace; and
       ``(iii) to otherwise facilitate the provision of mass 
     transportation services to suburban employment opportunities 
     to residents of urban, urbanized, or nonurbanized areas.
       ``(3) Existing transportation service providers.--The term 
     `existing transportation service providers' means mass 
     transportation operators and governmental agencies and 
     nonprofit organizations that receive assistance from federal, 
     state, or local sources for nonemergency transportation 
     services.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(5) Qualified entity.--The term `qualified entity' 
     means--
       ``(A) with respect to any proposed eligible project in an 
     urbanized area with a population of not less than 200,000, 
     the entity or entities selected by the appropriate 
     metropolitan planning organization, in coordination with 
     affected transit grant recipients (as provided in subsection 
     (g)(2)), from among local governmental authorities and 
     nonprofit organizations; and
       ``(B) with respect to any proposed eligible project in an 
     urbanized area with a population of less than 200,000, or an 
     area other than an urbanized area, the entity or entities 
     selected by the chief executive officer of the State in which 
     the area is located, in coordination with affected transit 
     grant recipients (as provided in subsection (g)(2)), from 
     among local governmental authorities and nonprofit 
     organizations.
       ``(6) Welfare recipient.--The term `welfare recipient' 
     means an individual who receives or received aid or 
     assistance under a state program funded under part A of title 
     IV of the Social Security Act (whether in effect before or 
     after the effective date of the amendments made by title I of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
     2110)) at any time during the 3-year period before the date 
     on which the applicant applies for a grant under this 
     section.
       ``(b) General Authority.--
       ``(1) In general.--The Secretary may make access to jobs 
     grants and reverse commute grants under this section to 
     assist qualified entities in financing eligible projects.
       ``(2) Coordination.--The Secretary shall coordinate 
     activities under this section with related activities under 
     programs of other Federal departments and agencies.
       ``(c) Applications.--Each qualified entity seeking to 
     receive a grant under this section for an eligible project 
     shall submit to the Secretary an application in such form and 
     in accordance with such requirements as the Secretary shall 
     establish by regulation.

[[Page S1605]]

       ``(d) Prohibition.--Grants awarded under this section may 
     not be used for planning or coordination activities.
       ``(e) Factors for Consideration.--In awarding grants under 
     this section to applicants under subsection (c), the 
     Secretary shall consider--
       ``(1) the percentage of the population in the area to be 
     served by the applicant that are welfare recipients;
       ``(2) in the case of access to jobs projects, the need for 
     additional services in the area to be served by the applicant 
     to transport welfare recipients and eligible low-income 
     individuals to and from specified jobs, training, and other 
     employment support services, and the extent to which the 
     proposed services will address those needs;
       ``(3) the extent to which the applicant demonstrates 
     coordination with, and the financial commitment of, existing 
     transportation service providers;
       ``(4) the extent to which the applicant demonstrates 
     maximum utilization of existing transportation service 
     providers and expands transit networks or hours of service, 
     or both;
       ``(5) the extent to which the applicant demonstrates an 
     innovative approach that is responsive to identified service 
     needs;
       ``(6) the extent to which the applicant--
       ``(A) in the case of access to jobs projects, presents a 
     regional transportation plan for addressing the 
     transportation needs of welfare recipients and eligible low-
     income individuals; and
       ``(B) identifies long-term financing strategies to support 
     the services under this section;
       ``(7) the extent to which the applicant demonstrates that 
     the community to be served has been consulted in the planning 
     process; and
       ``(8) in the case of reverse commute projects, the need for 
     additional services identified in a regional transportation 
     plan to transport individuals to suburban employment 
     opportunities and the extent to which the proposed services 
     will address those needs.
       ``(f) Federal Share of Costs.--
       ``(1) Maximum Amount.--The amount of a grant under this 
     section may not exceed 50 percent of the total project cost.
       ``(2) Nongovernmental share.--The portion of the total cost 
     of an eligible project that is not funded under this 
     section--
       ``(A) shall be provided in cash from sources other than 
     revenues from providing mass transportation; and
       ``(B) may be derived from amounts made available to a 
     department or agency of the Federal Government (other than 
     the Department of Transportation) that are eligible to be 
     expended for transportation.
       ``(g) Planning Requirements.--
       ``(1) In general.--The requirements of section 5303 through 
     5306 apply to any grant made under this section.
       ``(2) Coordination.--Each application for a grant under 
     this section shall reflect coordination with and the approval 
     of affected transit grant recipients. The eligible access to 
     jobs projects financed must be part of a coordinated public 
     transit-human services transportation planning process.
       ``(h) Grant Requirements.--A grant under this section shall 
     be subject to--
       ``(1) all of the terms and conditions to which a grant made 
     under section 5307 is subject; and
       ``(2) such other terms and conditions as determined by the 
     Secretary.
       ``(i) Program Evaluation.--
       ``(1) Comptroller general.--Beginning 6 months after the 
     date of enactment of this Act, and every 6 months thereafter, 
     the Comptroller General of the United States shall--
       ``(A) conduct a study to evaluate the grant program 
     authorized under this section; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report describing the results of each study under 
     subparagraph (A).
       ``(2) Department of transportation.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary 
     shall--
       ``(A) conduct a study to evaluate the access to jobs and 
     reverse commute project grant program authorized under this 
     section; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report describing the results of the study under 
     subparagraph (A).
       ``(j) Funding: Allocation.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $250,000,000 for each of fiscal 
     years 1998 through 2003, of which $150,000,000 shall be 
     authorized for access to jobs projects and $100,000,000 shall 
     be authorized for reverse commute projects. Such amounts 
     shall remain available until expended.
       ``(2) Allocation.--The amount made available to carry out 
     this section in each fiscal year shall be allocated as 
     follows:
       ``(A) 60 percent shall be allocated for eligible projects 
     in urbanized areas with populations of not less than 200,000.
       ``(B) 20 percent shall be allocated for eligible projects 
     in urbanized areas with populations of less than 200,000.
       ``(C) 20 percent shall be allocated for eligible projects 
     in areas other than urbanized areas.''.
       (2) Conforming Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5320 the following: ``5320a. 
     Access to jobs.''.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 1841

  Mr. CHAFEE proposed an amendment to amendment No. 1676 proposed by 
him to the bill, S. 1173, supra; as follows:

       On page 8, lines 4 and 5, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       On page 20, strike lines 11 through 21 and insert the 
     following:
       (b) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) shall not be taken into account in 
     determining the apportionments and allocations that any State 
     shall be entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title.''.
       On page 33, line 20, strike ``104(b)(2)'' and insert 
     ``104(b)(3)''.
       On page 34, line 15, strike ``104(b)(2)'' and insert 
     ``104(b)(3)''.
       On page 35, line 11, strike ``104(b)(1)(A)'' and insert 
     ``104(b)(1)''.
       On page 38, between lines 17 and 18, insert the following:
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(b)''.
       Beginning on page 38, strike line 24 and all that follows 
     through page 39, line 4, and insert the following:
       (1) $21,500,000,000 for fiscal year 1998;
       (2) $28,462,000,000 for fiscal year 1999;
       (3) $28,894,000,000 for fiscal year 2000;
       (4) $29,334,000,000 for fiscal year 2001;
       (5) $29,800,000,000 for fiscal year 2002; and
       (6) $30,319,000,000 for fiscal year 2003.
       On page 39, line 11, strike ``2003'' and insert ``2007''.
       On page 41, lines 20 and 21, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       On page 47, line 4, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       On page 51, line 22, insert ``, by rule,'' after 
     ``develop''.
       On page 74, strike lines 14 through 23 and insert the 
     following:
       ``(3) Authorization of appropriations from highway trust 
     fund.--
       ``(A) In general.--There are authorized to be appropriated 
     to the Secretary from the Highway Trust Fund (other than the 
     Mass Transit Account) to carry out this subsection--
       ``(i) $8,000,000 for development of the system; and
       ``(ii) $2,000,000 for each of fiscal years 1998 through 
     2003 for operation and maintenance of the system.
       ``(B) Availability.--Notwithstanding section 118(a), funds 
     made available under subparagraph (A) shall not be available 
     in advance of an annual appropriation.''.
       On page 79, line 15, insert ``(a) In General.--'' before 
     ``Section''.
       On page 82, between lines 9 and 10, insert the following:
       (b) Technical Amendments.--
       (1) Section 104(f)(3) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 120(j) 
     of this title'' and inserting ``section 120''.
       (2) Section 130(a) of title 23, United States Code, is 
     amended--
       (A) in the first sentence, by striking ``Except as provided 
     in subsection (d) of section 120 of this title'' and 
     inserting ``Subject to section 120''; and
       (B) in the second sentence, by striking ``except as 
     provided in subsection (d) of section 120 of this title'' and 
     inserting ``subject to section 120''.
       On page 116, strike lines 21 through 23 and insert the 
     following:
       ``(B) Authorization of appropriations.--
       ``(i) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other
       On page 117, between lines 3 and 4, insert the following:
       ``(ii) Availability.--Notwithstanding section 118(a), funds 
     made available under clause (i) shall not be available in 
     advance of an annual appropriation.
       On page 120, strike lines 2 through 5 and insert the 
     following:
     under section 412;
       ``(C) require that--
       ``(i)(I) the Project include not more than 12 traffic 
     lanes, of which 2 lanes shall be exclusively for use by high 
     occupancy vehicles, express buses, or rail transit; and
       ``(II) the design, construction, and operation of the 
     Project reflect the requirements of subclause (I);
       ``(ii) all provisions described in the environmental impact 
     statement for the Project or the record of decision for the 
     Project (including in the attachments to the statement and 
     record) for mitigation of environmental and other impacts of 
     the Project be implemented; and

[[Page S1606]]

       ``(iii) the Authority and the Capital Region jurisdictions 
     develop a process to fully integrate affected local 
     governments, on an ongoing basis, in the process of carrying 
     out the engineering, design, and construction phases of the 
     project, including planning for implementing the provisions 
     described in clause (ii); and
       ``(D) contain such other terms and conditions as the 
     Secretary determines to be appropriate.''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 5, line 19, strike 
     ``$3,587,000,000'' and insert ``$3,603,000,000''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 7, line 10, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 12, line 22, insert ``at least 50 
     percent'' before ``greater''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 12, line 23, before the period, 
     insert the following: ``(as determined on the basis of the 
     1990 Federal census)''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 14, line 11, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 16, line 13, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 18, line 8, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 18, line 14, strike ``45'' and 
     insert ``40''.
       On page 140, strike line 15 and insert the following:
       (3) in paragraph (3), by striking ``agency of a Federal, 
     State, or local government'' and inserting ``agency of the 
     Federal Government'';
       On page 150, between lines 16 and 17, insert the following:

     SEC. 12____. ENGINEERING COST REIMBURSEMENT.

       Section 102(b) of title 23, United States Code, is amended 
     in the first sentence by inserting before the period at the 
     end the following: ``unless, before the end of the 10-year 
     period, the State requests a longer period for commencement 
     of the construction or acquisition and the Secretary 
     determines that the request is reasonable''.
       On page 190, line 14, insert ``related to surface 
     transportation'' after ``project''.
       On page 220, lines 4 and 5, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       Beginning on page 234, strike line 24 and all that follows 
     through page 235, line 8, and insert the following:
     fiscal year, the excess amounts shall be allocated as 
     follows:
       ``(A) 50 percent to be apportioned to the States in the 
     same manner in which funds are apportioned under section 
     402(c).
       ``(B) 50 percent to be allocated by the Secretary under 
     section 403 through cooperative agreements with States to 
     carry out innovative programs to promote increased seat belt 
     use rates.
       On page 246, at the end of line 6, add the following: 
     ``State wildlife agency, wetland conservation group, land 
     trust, or''.
       On page 369, line 2, before the period, insert the 
     following: ``, of which not less than $500,000 shall be made 
     available to carry out the study under section 511''.
       On page 375, line 6, strike ``2 years'' and insert ``5 
     years''.
       On page 375, strike lines 13 through 15 and insert the 
     following:

     SEC. 2016. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

       On page 375, strike lines 19 and 20 and insert the 
     following:

     ``Sec. 310. Advanced vehicle technologies program

       On page 378, strike lines 8 through 11 and insert the 
     following:
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $50,000,000 for each of fiscal 
     years 1998 through 2003, to remain available until expended.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.
       On page 378, strike the item between lines 15 and 16 and 
     insert the following:

``310. Advanced vehicle technologies program.''.

       On page 381, strike lines 4 through 6 and insert the 
     following:
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $5,000,000 for each of fiscal years 
     1998 through 2003.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.
       On page 385, line 1, add ``deployment of'' at the end.
       On page 399, line 19, strike ``or'' and insert ``and''.
       On page 402, line 16, strike ``and''.
       On page 402, line 18, strike the period and insert ``; 
     and''.
       On page 402, between lines 18 and 19, insert the following:
       ``(v) developing and implementing unobtrusive eyetracking 
     technology.
       On page 159, between lines 6 and 7, insert the following:
       (d) Definition of Transportation Enhancement Activities.--
     Section 101(a) of title 23, United States Code, is amended in 
     the undesignated paragraph defining ``transportation 
     enhancement activities''--
       (1) by striking ``scenic or historic highway programs,'' 
     and inserting ``scenic or historic highway programs 
     (including the provision of tourist and welcome center 
     facilities),''
                                 ______
                                 

                BREAUX (AND LANDRIEU) AMENDMENT NO. 1842

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

       At the appropriate place in the bill insert the following 
     new section Set-Aside for Intermodal Projects:

     ``SEC. --. SET-ASIDE FOR INTERMODAL PROJECTS.

       ``(1) In general.--Before any apportionment is made under 
     section 104(b)(1) of this title, the Secretary shall set 
     aside $100,000,000 for each of fiscal years 1998, 1999, 2000, 
     2001, 2002 and 2003 for obligation by the Secretary for 
     intermodal projects. Such funds shall be made available by 
     the Secretary to any State applying for such funds, if the 
     Secretary determines that--
       ``(A) the State has obligated or demonstrates that it will 
     obligate in the fiscal year all of its apportionments under 
     section 104(b)(1) of this title other than an amount which, 
     by itself, is insufficient to pay the Federal share of the 
     cost of an intermodal project; and
       ``(B) the applicant is willing and able to--
       ``(i) obligate the funds within one year of the date the 
     funds are made available;
       ``(ii) apply the funds to a ready-to-commence project; and
       ``(iii) in the case of construction work, begin work within 
     90 days of obligation.
       ``(2) Priority consideration for certain intermodal 
     projects.--In selecting projects to fund under paragraph (1) 
     of this section, the Secretary shall give priority 
     consideration to any project the cost of which exceeds 
     $5,000,000; (2) combines elements of air, rail, road, or 
     water transportation; and (3) is coordinated by the State in 
     conjunction with a regional planning agency.
       ``(3) Period of availability of discretionary funds.--Sums 
     made available pursuant to this section shall remain 
     available until expended.''.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1843

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Levin) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       On page 140, strike line 20 and all that follows and insert 
     the following:
       (c) 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 by a unit 
     of local government of real property, funds, material, or a 
     service in connection with a project eligible 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.''.
       (d) Conforming Amendments.--
       (1) Section 323 of title 23, United States Code, is amended 
     by striking the section heading and inserting the following:

     ``Sec. 323. Donations and credits.''.

       (2) The analysis for chapter 1 of title 23, United States 
     Code, is amended--
       (A) by striking the item relating to section 108 and 
     inserting the following:

``108. Advance acquisition of real property.'';
     and
       (B) by striking the item relating to section 323 and 
     inserting the following:

``323. Donations and credits.''.
                                 ______
                                 

                    CONRAD AMENDMENTS NOS. 1844-1847

  (Ordered to lie on the table.)
  Mr. CONRAD submitted four amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1844

       On page 156, strike lines 19 and 20 and insert the 
     following:

       (A) in paragraph (2), by striking ``10 percent'' and 
     inserting ``8 percent (or, in the case of a State that is in 
     attainment with respect to all national ambient air quality 
     standards under the Clean Air Act (42 U.S.C. 7401 et seq.), 5 
     percent)''; and
                                                                    ____


                           Amendment No. 1845

       On page 51, line 22, insert ``, by rule,'' after 
     ``develop''.
                                                                    ____


                           Amendment No. 1846

       On page 46, line 15, strike ``and trails'' and insert 
     ``trails, and dikes that protect roads

[[Page S1607]]

     or serve as roads (including reconstruction to raise the 
     height of a bridge)''.
                                                                    ____


                           Amendment No. 1847

       On page 46, line 15, strike ``and trails'' and insert 
     ``trails, and dikes that protect roads or serve as roads 
     (including reconstruction to raise the height of a bridge) or 
     to provide State of local matching funds for any Federally 
     authorized transportation project for which matching funds 
     are required''.
                                 ______
                                 

                   ABRAHAM AMENDMENTS NOS. 1848-1855

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted eight amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1848

       At the appropriate place, insert the following:

     SEC. ____. WELFARE TO WORK FUNDS.

       (a) Capital Projects.--Notwithstanding section 403(a)(5)(C) 
     of the Social Security Act (42 U.S.C. 603(a)(5)(C)) or any 
     other provision of law, funds provided under a grant made to 
     a State under section 403(a)(5) of the Social Security Act 
     (42 U.S.C. 603(a)(5)) may be used for--
       (1) capital projects (as that term is defined in section 
     5302(a) of title 49, United States Code); and
       (2) the operating costs of equipment, facilities, and 
     associated capital maintenance items, for use in mass 
     transportation (as that term is defined in section 5302(a) of 
     title 49, United States Code).
       (b) Non-Federal Share of Net Project Cost.--Notwithstanding 
     section 403(a)(5)(C) of the Social Security Act (42 U.S.C. 
     603(a)(5)(C)) or any other provision of law, funds provided 
     under a grant made to a State under section 403(a)(5) of the 
     Social Security Act (42 U.S.C. 603(a)(5)) may be used for 
     capital projects (as that term is defined in section 5302(a) 
     of title 49, United States Code).''.
                                                                    ____


                           Amendment No. 1849

       At the appropriate place, insert the following:

     SEC. ____. WELFARE TO WORK FUNDS FOR CAPITAL PROJECTS.

       Notwithstanding section 403(a)(5)(C) of the Social Security 
     Act (42 U.S.C. 603(a)(5)(C)) or any other provision of law, 
     funds provided under a grant made to a State under section 
     403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) 
     may be used for capital projects (as that term is defined in 
     section 5302(a) of title 49, United States Code).
                                                                    ____


                           Amendment No. 1850

       At the appropriate place, insert the following:

     SEC. ____. WELFARE TO WORK FUNDS FOR OPERATING EXPENSES.

       Notwithstanding section 403(a)(5)(C) of the Social Security 
     Act (42 U.S.C. 603(a)(5)(C)) or any other provision of law, 
     funds provided under a grant made to a State under section 
     403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) 
     may be used for the operating costs of equipment, facilities, 
     and associated capital maintenance items, for use in mass 
     transportation (as that term is defined in section 5302(a) of 
     title 49, United States Code).
                                                                    ____


                           Amendment No. 1851

       At the appropriate place, insert the following:

     SEC. ____. WELFARE TO WORK ELIGIBILITY.

       Section 5307(e) of title 49, United States Code, as amended 
     by this title, is amended by inserting after ``new capital.'' 
     the following: ``Notwithstanding any other provision of this 
     section or section 403(a)(5)(C) of the Social Security Act 
     (42 U.S.C. 603(a)(5)(C)), funds provided under a grant made 
     under section 403(a)(5) of the Social Security Act (42 U.S.C. 
     603(a)(5)) may be used by a recipient of a grant under this 
     section (for a capital project or for operating expenses) to 
     provide the non-federal share of the net project cost.''.
                                                                    ____


                           Amendment No. 1852

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

     SEC. 34____. HOURS OF SERVICE.

       Section 345(e)(2) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note) is amended by 
     inserting ``or for the facility or location to which the 
     driver is assigned'' before the period.
                                                                    ____


                           Amendment No. 1853

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

     SEC. 34____. TRANSPORTATION OF CONSTRUCTION MATERIALS 
                   EQUIPMENT.

       Section 345(e)(4) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note) is amended by 
     striking ``50 air mile radius of the normal'' and inserting 
     ``100 air mile radius of the assigned''.
                                                                    ____


                           Amendment No. 1854

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

     SEC. 34____. HOURS OF SERVICE.

       Section 345(e) of the National Highway System Designation 
     Act of 1995 (49 U.S.C. 31136 note) is amended--
       (1) in paragraph (2), by inserting ``or for the facility or 
     location to which the driver is assigned'' before the period; 
     and
       (2) in paragraph (4), by striking ``50 air mile radius of 
     the normal'' and inserting ``100 air mile radius of the 
     assigned''.
                                                                    ____


                           Amendment No. 1855

       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) Definition of Base Closure.--In this section, the 
     term `base closure' means the closure of a military 
     installation under--
       ``(1) the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 102-510; 104 Stat. 1808; 
     10 U.S.C. 2687 note); or
       ``(2) title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       ``(b) 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.
       ``(c) Use of Apportioned Funds.--With the consent''.
                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 1856

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. Mack, Mr. Kohl, Mr. Graham, Mr. Levin, 
and Mr. Coats) submitted an amendment intended to be proposed by them 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684, on page 1, strike all after line 1 
     through page 5, line 6, and insert the following:

     SEC. 11. ADDITIONAL FUNDING.

       (a) In General.--
       (1) Apportionment.--On October 1, or as soon as practicable 
     thereafter, of each fiscal year, after making apportionments 
     an allocation under section 104 and 105(a) of title 23, 
     United States Code, and section 1102 (c) of this Act, the 
     Secretary shall apportion, in accordance with paragraph (2), 
     the funds made available by paragraph (3) among the donor 
     states in the ratio that--
       (A) the rate of contribution of each donor State determined 
     under subparagraph (b); bears to
       (B) the sum of the rates of contribution of all donor 
     States.
       (2) Distribution of Funds.--
       (A) Definition of donor state.--In this Section, the term 
     ``donor State'' means each of the States of Alabama, Arizona, 
     Arkansas, California, Colorado, Florida, Georgia, Illinois, 
     Indiana, Kentucky, Louisiana, Maryland, Massachusetts, 
     Michigan, Minnesota, Mississippi, Missouri, New Jersey, New 
     Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, 
     South Carolina, Tennessee, Texas, Utah, Virginia, Washington, 
     and Wisconsin.
       (B) Rate of contribution.--The rate of contribution of a 
     donor state shall be equal to the quotient obtained by 
     dividing--
       (i) the estimated tax payments attributed to the highway 
     users in the donor State paid in the Highway Trust Fund 
     (other than the Mass Transit Account) for the period of 
     fiscal years 1998 through 2003; by
       (ii) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) for the period of fiscal years 
     1998 through 2003.
                                 ______
                                 

                   ABRAHAM AMENDMENTS NOS. 1857-1863

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted seven amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1857

       At the end of the title entitled ``Revenue'', 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

[[Page S1608]]

     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.''.
                                                                    ____


                           Amendment No. 1858

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 18, between lines 19 and 20, 
     insert the following:
       (g) Donor State Equity Guarantee Program.--
       (1) Allocations.--
       (A) Definition of donor state.--In this paragraph, the term 
     ``donor State'' means each of the States of Alabama, Arizona, 
     Arkansas, California, Colorado, Florida, Georgia, Illinois, 
     Indiana, Kentucky, Louisiana, Maryland, Massachusetts, 
     Michigan, Mississippi, Missouri, New Jersey, North Carolina, 
     Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, 
     Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.
       (B) Allocation of funds.--For each of fiscal years 1999 
     through 2003, the Secretary shall allocate the funds made 
     available by paragraph (3) among the donor States in the 
     ratio that--
       (i) the rate of contribution of each donor State determined 
     under subparagraph (C); bears to
       (ii) the sum of the rates of contribution of all donor 
     States.
       (C) Rate of contribution.--The rate of contribution of a 
     donor State shall be equal to the quotient obtained by 
     dividing--
       (i) the estimated tax payments attributable to highway 
     users in the donor State paid into the Highway Trust Fund 
     (other than the Mass Transit Account) for the period of 
     fiscal years 1998 through 2003; by
       (ii) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) for the period of fiscal years 
     1998 through 2003.
       (2) Eligible purposes.--Amounts allocated under paragraph 
     (1) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (3) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) 
     $2,000,000,000 for each of fiscal years 1999 through 2003 to 
     carry out this subsection.
       (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.
                                                                    ____


                           Amendment No. 1859

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 beginning on page 5, strike line 15 and 
     all that follows through page 18, line 19, and insert the 
     following:
     $1,346,000,000 for fiscal year 1999, $1,634,000,000 for 
     fiscal year 2000, $1,881,000,000 for fiscal year 2001, 
     $1,831,000,000 for fiscal year 2002, and $1,587,000,000 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.
       (b) Other Adjustments.--
       (1) In general.--Notwithstanding sections 1116, 1117, and 
     1118, and the amendments made by those sections--
       (A) in addition to the amounts authorized to be 
     appropriated under section 1116(d)(5), there shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out section 1116(d) $90,000,000 for 
     each of fiscal years 1999 through 2003; and
       (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 $378,000,000 for each 
     of fiscal years 1999 through 2003, except that the funds made 
     available under this subparagraph, notwithstanding section 
     118(e)(1)(C)(v) of title 23, United States Code, and section 
     201(g)(1)(B) of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.), shall be subject to subparagraphs (A) 
     and (B) of section 118(e)(1) of that title.
       (2) Contract authority.--Funds authorized under 
     subparagraphs (A) and (B) 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.
       (3) Limitation.--No obligation authority shall be made 
     available for any amounts authorized under this subsection 
     for 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.
       (c) High Density Transportation Program.--
       (1) In general.--There is established the high density 
     transportation program (referred to in this subsection as the 
     ``program'') to provide funding to States that have higher-
     than-average population density.
       (2) Determinations.--
       (A) In general.--On October 1, or as soon as practicable 
     thereafter, of each of fiscal years 1999 through 2003, the 
     Secretary shall determine for each State and the fiscal 
     year--
       (i) the population density of the State;
       (ii) the total vehicle miles traveled on lanes on Federal-
     aid highways in the State during the latest year for which 
     data are available;
       (iii) the ratio that--

       (I) the total lane miles on Federal-aid highways in urban 
     areas in the State; bears to
       (II) the total lane miles on all Federal-aid highways in 
     the State; and

       (iv) the quotient obtained by dividing--

       (I) the sum of--

       (aa) the amounts apportioned to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, and the congestion mitigation and air quality 
     improvement program;
       (bb) the amounts allocated to the State under the minimum 
     guarantee program under section 105 of that title; and
       (cc) the amounts apportioned to the State under section 
     1102(c) of this Act for ISTEA transition; by

       (II) the population of the State (as determined based on 
     the latest available annual estimates prepared by the 
     Secretary of Commerce).

       (B) National average.--Using the data determined under 
     subparagraph (A), the Secretary shall determine the national 
     average with respect to each of the factors described in 
     clauses (i) through (iv) of subparagraph (A).
       (3) Eligibility criteria.--A State shall be eligible to 
     receive funding under the program if--
       (A) the amount determined for the State under paragraph 
     (2)(A) with respect to each factor described in clauses (i) 
     through (iii) of paragraph (2)(A) is greater than the 
     national average with respect to the factor determined under 
     paragraph (2)(B); and
       (B) the amount determined for the State with respect to the 
     factor described in paragraph (2)(A)(iv) is less than 85 
     percent of the national average with respect to the factor 
     determined under paragraph (2)(B).
       (4) Distribution of funds.--
       (A) Availability to states.--For each fiscal year, except 
     as provided in subparagraph (D), each State that meets the 
     eligibility criteria under paragraph (3) shall receive a 
     portion of the funds made available to carry out the program 
     that is--
       (i) not less than $36,000,000; but
       (ii) not more than 15 percent of the funds.
       (B) State notification.--On October 1, or as soon as 
     practicable thereafter, of each fiscal year, the Secretary 
     shall notify each State that meets the eligibility criteria 
     under paragraph (3) that the State is eligible to apply for 
     funding under the program.
       (C) Project proposals.--
       (i) Submission.--

       (I) In general.--After receipt of a notification of 
     eligibility under subparagraph (B), to receive funds under 
     the program, a State, in consultation with the appropriate 
     metropolitan planning organizations, shall submit to the 
     Secretary proposals for projects aimed at improving mobility 
     in densely populated areas where traffic loads and highway 
     maintenance costs are high.
       (II) Total cost of projects.--The estimated total cost of 
     the projects proposed by each State shall be equal to at 
     least 3 times the amount that the State is eligible to 
     receive under subparagraph (A).

       (ii) Selection.--The Secretary shall select projects for 
     funding under the program based on factors determined by the 
     Secretary to reflect the degree to which a project will 
     improve mobility in densely populated areas where traffic 
     loads and highway maintenance costs are high.
       (iii) Deadlines.--The Secretary may establish deadlines for 
     States to submit project proposals, except that in the case 
     of fiscal year 1998 the deadline may not be earlier than July 
     1, 1998.
       (D) Redistribution of funds.--For each fiscal year, if a 
     State does not have pending, by the deadline established 
     under subparagraph (C)(iii), applications for projects with 
     an estimated total cost equal to at least 3 times the amount 
     that the State is eligible to receive under subparagraph (A), 
     the Secretary may redistribute, to 1 or more other States, at 
     the Secretary's discretion, \1/3\ of the amount by which the 
     estimated cost of the State's applications is less than 3 
     times

[[Page S1609]]

     the amount that the State is eligible to receive.
       (5) Other eligible states.--In addition to States that meet 
     the eligibility criteria under paragraph (3), a State with 
     respect to which the following conditions are met shall also 
     be eligible for the funds made available to carry out the 
     program that remain after each State that meets the 
     eligibility criteria under paragraph (3) has received the 
     minimum amount of funds specified in paragraph (4)(A)(i):
       (A) Population density.--The population density of the 
     State is greater than the population density of the United 
     States.
       (B) Through truck traffic.--The quotient obtained by 
     dividing--
       (i) the annual quantity of through truck ton-miles in the 
     State (as determined based on the latest available estimates 
     published by the Secretary); by
       (ii) the annual quantity of total truck ton-miles in the 
     State (as determined based on the latest available estimates 
     published by the Secretary);

     is greater than 0.60.
       (6) Eligible projects.--Funds made available to carry out 
     the program may be used for any project eligible for funding 
     under title 23, United States Code, or this Act.
       (7) 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 $360,000,000 for each of fiscal years 1999 
     through 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.
       (8) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for 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.
       (d) Bonus Program.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, after making apportionments and allocations under 
     section 1102 and the amendments made by that section, the 
     Secretary shall allocate to each of the States listed in the 
     following table the amount specified for the State in the 
     following table:
       

----------------------------------------------------------------------------------------------------------------
                                            Fiscal Year (amounts in thousands of dollars)                       
       State        --------------------------------------------------------------------------------------------
                          1998            1999            2000            2001           2002           2003    
----------------------------------------------------------------------------------------------------------------
Alabama              $4,969          $11,021         $11,093         $11,169        $11,253        $11,352      
----------------------------------------------------------------------------------------------------------------
Arizona              $3,864          $14,418         $14,474         $14,533        $14,598        $14,676      
----------------------------------------------------------------------------------------------------------------
California           $10,353         $47,050         $48,691         $48,094        $39,345        $35,119      
----------------------------------------------------------------------------------------------------------------
Florida              $11,457         $30,175         $30,342         $30,518        $30,710        $30,940      
----------------------------------------------------------------------------------------------------------------
Georgia              $8,723          $19,347         $19,474         $19,608        $19,754        $19,930      
----------------------------------------------------------------------------------------------------------------
Illinois             $8,277          $21,800         $21,921         $22,048        $22,187        $22,353      
----------------------------------------------------------------------------------------------------------------
Indiana              $6,052          $22,580         $22,668         $22,761        $22,862        $22,984      
----------------------------------------------------------------------------------------------------------------
Kentucky             $4,316          $9,573          $9,636          $9,703         $9,775         $9,862       
----------------------------------------------------------------------------------------------------------------
Maryland             $3,749          $4,202          $4,257          $4,314         $4,377         $4,452       
----------------------------------------------------------------------------------------------------------------
Michigan             $7,849          $29,286         $29,400         $29,521        $29,652        $29,810      
----------------------------------------------------------------------------------------------------------------
North Carolina       $7,032          $15,597         $15,700         $15,808        $15,925        $16,067      
----------------------------------------------------------------------------------------------------------------
Ohio                 $8,567          $9,601          $9,726          $9,858         $10,001        $10,173      
----------------------------------------------------------------------------------------------------------------
Pennsylvania         $5,409          $4,174          $60             $0             $0             $0           
----------------------------------------------------------------------------------------------------------------
South Carolina       $3,953          $12,966         $13,023         $13,084        $13,150        $13,230      
----------------------------------------------------------------------------------------------------------------
Tennessee            $5,631          $12,490         $12,572         $12,658        $12,752        $12,866      
----------------------------------------------------------------------------------------------------------------
Texas                $17,129         $63,908         $64,157         $64,421        $64,707        $65,052      
----------------------------------------------------------------------------------------------------------------
Virginia             $6,368          $14,124         $14,217         $14,315        $14,421        $14,549      
----------------------------------------------------------------------------------------------------------------
Wisconsin            $4,520          $16,864         $16,929         $16,999        $17,075        $17,165      
----------------------------------------------------------------------------------------------------------------

       (2) Eligible purposes.--Amounts allocated under paragraph 
     (1) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (3) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this subsection.
       (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) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for 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.
       (e) Federal Lands Highways Program.--
       (1) In general.--In addition to the amounts made available 
     under section 1101(4), there shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account)--
       (A) for Indian reservation roads under section 204 of title 
     23, United States Code, $50,000,000 for each of fiscal years 
     1999 through 2003;
       (B) for parkways and park roads under section 204 of title 
     23, United States Code, $70,000,000 for each of fiscal years 
     1999 through 2003, of which $20,000,000 for each fiscal year 
     shall be available to maintain and improve public roads that 
     provide access to or within units of the National Wildlife 
     Refuge System; and
       (C) for public lands highways under section 204 of title 
     23, United States Code, $50,000,000 for each of fiscal years 
     1999 through 2003.
       (2) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this subsection.
       (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.
       (3) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for any fiscal year for which any obligation 
     limitation established for Federal-

[[Page S1610]]

     aid highways is equal to or less than the obligation 
     limitation established for fiscal year 1998.
       (f) Preference in Interstate  4R and Bridge Discretionary 
     Program Allocations.--In allocating funds under section 
     104(k) of title 23, United States Code, the Secretary shall 
     give preference to States--
       (1) with respect to which at least 45 percent of the 
     bridges in the State are functionally obsolete and 
     structurally deficient; and
       (2) that do not receive assistance made available under 
     subsection (b)(1)(B) or funding under subsection (c).
       (g) Donor State Equity Guarantee Program.--
       (1) Allocations.--
       (A) Definition of donor state.--In this paragraph, the term 
     ``donor State'' means each of the States of Alabama, Arizona, 
     Arkansas, California, Colorado, Florida, Georgia, Illinois, 
     Indiana, Kentucky, Louisiana, Maryland, Massachusetts, 
     Michigan, Mississippi, Missouri, New Jersey, North Carolina, 
     Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, 
     Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.
       (B) Allocation of funds.--For each of fiscal years 1999 
     through 2003, the Secretary shall allocate the funds made 
     available by paragraph (3) among the donor States in the 
     ratio that--
       (i) the rate of contribution of each donor State determined 
     under subparagraph (C); bears to
       (ii) the sum of the rates of contribution of all donor 
     States.
       (C) Rate of contribution.--The rate of contribution of a 
     donor State shall be equal to the quotient obtained by 
     dividing--
       (i) the estimated tax payments attributable to highway 
     users in the donor State paid into the Highway Trust Fund 
     (other than the Mass Transit Account) for the period of 
     fiscal years 1998 through 2003; by
       (ii) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) for the period of fiscal years 
     1998 through 2003.
       (2) Eligible purposes.--Amounts allocated under paragraph 
     (1) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (3) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) 
     $2,000,000,000 for each of fiscal years 1999 through 2003 to 
     carry out this subsection.
       (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.
                                                                    ____


                           Amendment No. 1860

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 5, strike lines 15 through 19 and 
     insert the following:
     $1,346,000,000 for fiscal year 1999, $1,634,000,000 for 
     fiscal year 2000, $1,881,000,000 for fiscal year 2001, 
     $1,831,000,000 for fiscal year 2002, and $1,587,000,000 for 
     fiscal year 2003.
                                                                    ____


                           Amendment No. 1861

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684, on page 9, strike all after ``program 
     if--'' through page 10, line 2, and insert the following:
       ``(A) the State contains a city that is among the 10 most 
     populated cities in the United States (as determined based on 
     the latest available annual population estimates prepared by 
     the Secretary of Commerce); or
       ``(B) the State contains any portion of the standard 
     metropolitan statistical area of a city described in 
     subparagraph (A) (as determined by the Secretary of 
     Commerce).''
                                                                    ____


                           Amendment No. 1862

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684--
       (1) on page 9, line 16, strike ``(A)'' and insert 
     ``(A)(i)'';
       (2) on page 9, line 22, strike ``(B)'' and insert ``(ii)'';
       (3) on page 10, line 2, strike the period and insert a 
     semicolon; and
       (4) on page 10, between lines 2 and 3, insert the 
     following:
       (B) the State contains a city that is among the 10 most 
     populated cities in the United States (as determined based on 
     the latest available annual population estimates prepared by 
     the Secretary of Commerce); or
       (C) the State contains any portion of the standard 
     metropolitan statistical area of a city described in 
     subparagraph (B) (as determined by the Secretary of 
     Commerce).
                                                                    ____


                           Amendment No. 1863

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684, strike all after line 1 and insert 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 4.3 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.''.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 1864

  (Ordered to lie on the table.)
  Mr. LEVIN submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       At the appropriate place in the bill add:
       Sense of the Senate.--
       It is the sense of the Senate that high density 
     transportation program money should be fairly distributed, 
     and that states such as Indiana and Michigan, and any other 
     states that substantially meet the eligibility criteria under 
     that section should be treated in the same manner as any 
     other state eligible for the high density transportation 
     program.
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 1865

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by 
her to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . ROADSIDE SAFETY TECHNOLOGIES.

       (a) Crash Cushions.--
       (1) Guidance.--Not later than 1 year after the date of the 
     enactment of this Act, the Security shall initiate and issue 
     a guidance regarding the benefits and safety performance of 
     redirective and nonredirective crash cushions in different 
     road applications, taking into consideration roadway 
     conditions, operating speed limits, the location of the crash 
     cushion in the right-of-way, and any other relevant factors. 
     The guidance shall include recommendations on the most 
     appropriate circumstances for utilization of redirective and 
     nonredirective crash cushions.
       (2) Use of guidance.--States shall use the guidance issued 
     under this subsection in evaluating the safety and cost-
     effectiveness of utilizing different crash cushion designs 
     and determining whether directive or nonredirective crash 
     cushions or other safety appurtenances should be installed at 
     specific highway locations.
                                 ______
                                 

             MOSELEY-BRAUN (AND DURBIN) AMENDMENT NO. 1866

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN (for herself and Mr. Durbin) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       Beginning on page 5, strike line 8 and all that follows 
     through page 20, line 10, and insert the following:
       (a) In General.--For the purpose of carrying out title 23, 
     United States Code, the following sums shall be available 
     from the Highway Trust Fund (other than the Mass Transit 
     Account):
       (1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $11,979,000,000 for fiscal year 
     1998, $11,808,000,000 for fiscal year 1999, $11,819,000,000 
     for fiscal year 2000, $11,916,000,000 for fiscal year 2001, 
     $12,242,000,000 for fiscal year 2002, and $12,776,000,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and

[[Page S1611]]

       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.
       (b) Reduction of Sums.--Notwithstanding subsection (a), the 
     sums made available under paragraphs (1) through (3) of 
     subsection (a) shall be reduced on a pro rata basis by the 
     amount necessary to offset the budgetary impact resulting 
     from adoption of the amendment proposed by Ms. Moseley-Braun 
     (No. ____).

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 34 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States;

       ``(ii) 34 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States; and

       ``(iii) 32 percent in the ratio that--

       ``(I) the total ton-miles of through shipments by truck in 
     each State; bears to
       ``(II) the total ton-miles of through shipments by truck in 
     all States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(E) Definition of through shipment.--In this paragraph, 
     the term `through shipment' means a shipment of property that 
     originates outside a State (but inside the United States), 
     travels through the State, and terminates outside the State.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42

[[Page S1612]]

     U.S.C. 7512 et seq.) as a nonattainment area described in 
     section 149(b) for carbon monoxide, the weighted 
     nonattainment or maintenance area population of the area, as 
     determined under clauses (i) through (vi) of subparagraph 
     (B), shall be further multiplied by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the total ton-miles of through shipments by truck in 
     each State; bears to
       ``(II) the total ton-miles of through shipments by truck in 
     all States.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.
       ``(D) Definition of through shipment.--In this paragraph, 
     the term `through shipment' means a shipment of property that 
     originates outside a State (but inside the United States), 
     travels through the State, and terminates outside the 
     State.''.
                                 ______
                                 

                 KERREY (AND HAGEL) AMENDMENT NO. 1867

  (Ordered to lie on the table.)
  Mr. KERREY (for himself and Mr. Hagel) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

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

     SEC. 34____. NEBRASKA SUGAR BEET TRANSPORTATION.

       Notwithstanding section 127 of title 23, United States 
     Code, the State of Nebraska may allow for the operation of 
     vehicles to transport sugar beets from the field where those 
     sugar beets are harvested to storage, market, factory, or 
     stockpile or from stockpile to storage, market, or factory if 
     that transportation meets applicable mileage requirements 
     under the laws of the State of Nebraska and otherwise meets 
     applicable requirements under State and Federal law.
                                 ______
                                 

                    DeWINE AMENDMENTS NOS. 1868-1869

  (Ordered to lie on the table.)
  Mr. DeWINE submitted two amendments intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

                           Amendment No. 1868

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

     SEC. 18____. ELIGIBILITY FOR FUNDING OF CUYAHOGA RIVER 
                   BRIDGE, OHIO.

       Notwithstanding section 149 of title 23, United States 
     Code, or any other provision of law, a project to construct a 
     new bridge over the Cuyahoga River in Cleveland, Ohio, shall 
     be eligible for funds apportioned under section 104(b)(2) of 
     that title.
                                                                    ____


                           Amendment No. 1869

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

     SEC. 34____. 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, subject to the 
     availability of appropriations, 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, shall consider--
       (A) in consultation with the National Transportation Safety 
     Board, the Bureau of Transportation Statistics, and other 
     relevant entities, available crash injury data;
       (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, the Transportation Research 
     Board shall recommend a new data collection regimen and 
     implementation guidelines; and
       (3) a panel shall conduct the study and shall include--
       (A) representatives of--
       (i) highway safety organizations;
       (ii) school transportation; and
       (iii) mass transportation operators;
       (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.--There are authorized to be appropriated 
     to the Department of Transportation to carry out this 
     section--
       (1) $200,000 for fiscal year 1999; and
       (2) $200,000 for fiscal year 2000.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 1870

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       Insert at the appropriate place:
       23 U.S.C. Section 144 is amended--
       (1) in each of subsections (d) and (g)(3) by inserting 
     after ``magnesium acetate'' the following: ``or 
     agriculturally derived, environmentally acceptable, minimally 
     corrosive anti-icing and de-icing compositions''; and
       (2) in subsection (d) by inserting ``or such anti-icing or 
     de-icing composition'' after ``such acetate''.
       23 U.S.C. Section 133(b)(1) is amended by inserting after 
     ``magnesium acetate'' the following: ``or agriculturally 
     derived, environmentally acceptable, minimally corrosive 
     anti-icing and de-icing compositions''.
       Amend 23 U.S.C. Sec. 119(e) by adding after ``. . . 
     extending Interstate pavement life,'' the following new 
     sentence: ``Specifically approvable hereunder is the 
     application when conditions warrant of environmentally-
     beneficial minimally corrosive, cost effective anti-icing and 
     deicing compositions to roadways, bridges, and other elevated 
     structures.''
                                 ______
                                 

                STEVENS (AND OTHERS) AMENDMENT NO. 1871

  (Ordered to lie on the table.)
  Mr. STEVENS (for himself, Mr. Murkowski, and Mr. Burns) submitted an 
amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 104, insert after line 2:
       ``(h) Notwithstanding any other provision of this section, 
     the Secretary shall grant ten percent of the funds provided 
     in this section to states with over 300 miles of 
     international border and population densities of 10 persons 
     or less per square mile; provided further that no state shall 
     be awarded less than one-half of its percentage of 
     international border with Canada and Mexico.''
                                 ______
                                 

                   STEVENS AMENDMENTS NOS. 1872-1873

  (Ordered to lie on the table.)
  Mr. STEVENS submitted two amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1872

       Insert at the appropriate place:
       (  ) Cost-Effective Transportation Requirements.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) $25,000,000 
     in each of fiscal years 1998 through 2003 for the 
     construction of ferry boats, ferry terminal facilities, and 
     approaches to such facilities in accordance with the 
     provisions of section

[[Page S1613]]

     1064 of the Intermodal Surface Transportation Efficiency Act 
     of 1991 (23 U.S.C. 129 note), at least half of which shall be 
     available for such boats, facilities and approaches within 
     marine highway systems which are part of the National Highway 
     System.
       (2) Contract authority.--Funds authorized under this 
     subsection shall be available in the same manner as if the 
     funds were apportioned under chapter 1 of title 23, United 
     States Code.
                                                                    ____

         

                           Amendment No. 1873

       On page 4, line 6, after ``including'' insert ``cost of 
     road construction in each Bureau of Indian Affairs Area,''
                                 ______
                                 

                        KOHL AMENDMENT NO. 1874

  (Ordered to lie on the table.)
  Mr. KOHL (for himself, Mr. Graham, and Mr. Mack) submitted an 
amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

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

     SEC. 11----.93 PERCENT SAFETY NET ADJUSTMENT.

       (a) Definition of State.--In this section, the term 
     ``State'' has the meaning given the term in section 101 of 
     title 23, United States Code.
       (b) Adjustment.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that the ratio that--
       (1) each State's percentage of the sum of--
       (A) the total apportionments for the fiscal year for 
     Federal-aid highway programs under this Act and title 23, 
     United States Code; and
       (B) the amounts made available under section 1128, 
     excluding allocations under the Federal lands highways 
     program and to carry out section 1116; bears to
       (2) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than 0.93.
       (c) Reduction of Sums.--The sums made available under all 
     allocated Federal-aid highway programs under this Act and 
     title 23, United States Code (excluding allocations made 
     available under section 1128), shall be reduced on a pro rate 
     basis by such amount as is necessary to offset the budgetary 
     impact resulting from subsection (b).
       (d) Ofder of Calculation.--The adjustment required by 
     subsection (b) shall be the last calculation made by the 
     Secretary in apportioning Federal-aid highway funds to the 
     States for each fiscal year.
  (e) Applicability.--This section shall apply notwithstanding section 
1128.
                                 ______
                                 

                    CONRAD AMENDMENTS NOS. 1875-1878

  (Ordered to lie on the table.)
  Mr. CONRAD submitted four amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1875

       On page 46, line 15, strike ``and trails'' and insert 
     ``trails, and dikes that protect roads or serve as roads 
     (including reconstruction to raise the height of a bridge) or 
     to provide State of local matching funds for any Federally 
     authorized transportation project for which matching funds 
     are required''.
                                                                    ____


                           Amendment No. 1876

       On page 46, line 15, strike ``and trails'' and insert 
     ``trails, and dikes that protect roads or serve as roads 
     (including reconstruction to raise the height of a bridge)''.
                                                                    ____


                           Amendment No. 1877

       On page 51, line 22, insert ``, by rule,'' after 
     ``develop''.
                                                                    ____


                           Amendment No. 1878

       On page 156, strike lines 19 and 20 and insert the 
     following:

       (A) in paragraph (2), by striking ``10 percent'' and 
     inserting ``8 percent (or, in the case of a State that is in 
     attainment with respect to all national ambient air quality 
     standards under the Clean Air Act (42 U.S.C. 7401 et seq.), 5 
     percent)''; and
                                 ______
                                 

                   MOYNIHAN AMENDMENTS NOS. 1879-1893

  (Ordered to lie on the table.)
  Mr. MOYNIHAN submitted 15 amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1879

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

     SEC. 18____. SENSE OF SENATE ON BALANCE OF PAYMENTS OF 
                   FEDERAL FUNDS.

       (a) Findings.--The Senate finds that--
       (1) according to the Tax Foundation's Special Report on 
     1997 Federal Tax Burden by State, 11 States receive less than 
     $0.91 in Federal expenditures per dollar of Federal taxes 
     paid;
       (2) the same 11 States have paid $1,200,000,000,000 more to 
     the Federal Government than they have received in Federal 
     spending since 1981; and
       (3) the per capita balance of payments deficit in those 11 
     States has totaled $173,520 since 1981.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) if it is inequitable for a State to receive less than 
     $0.91 in spending under the Intermodal Surface Transportation 
     Efficiency Act of 1997 for each dollar paid in gasoline 
     taxes, it is also inequitable for a State to receive less 
     than $0.91 in overall Federal spending for each Federal tax 
     dollar paid; and
       (2) the Senate should work to ensure that every State will 
     receive not less than $0.91 in direct payments to 
     individuals, grants to State and local governments, 
     procurement contracts, salaries and wages, and other Federal 
     spending for each dollar paid in Federal taxes.
                                                                    ____

  


                           Amendment No. 1880

       On page 104, line 20, amend subsection 1117(b) by inserting 
     the following paragraph at the end thereof:
       ``(3) Corridor extension.--Corridor T in New York shall be 
     extended eastward from its present terminus along Route 17 to 
     the border of the Appalachian Region in the vicinity of 
     Roscoe, New York''.
                                                                    ____


                           Amendment No. 1881

       On page 21, strike line 8 and all that follows through page 
     30, line 18, and insert the following:
       ``(B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       ``(I) apportionments authorized under section 104 of that 
     title for the construction of the Interstate System;
       ``(ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       ``(iii) apportionment for the Federal lands highways 
     program under section 204 of that title; and
       ``(iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); Interstate 
     substitute
       ``(C) The product obtained by multiplying--
       ``(I) the annual average of the total apportionments 
     determined under subparagraph (B); by
       ``(ii) the applicable percentage determined under paragraph 
     (2).
       ``(D) The product obtained by multiplying--
       ``(I) the annual average of the total apportionments 
     determined under subparagraph (B); by
       ``(ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       ``(A) Fiscal year 1998--For fiscal year--
       ``(I) the applicable percentage referred to in paragraph 
     (1)(C)(ii) shall be 145 percent; and
       ``(ii) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 107 percent.
       ``(B) Fiscal years thereafter.--For each of fiscal years 
     1999 to 2003, the applicable percentage referred to in 
     paragraph (1)(C)(ii) or (1)(D)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--
       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.
       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(C), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(C).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States

[[Page S1614]]

     Code, for the Interstate and National Highway System program, 
     the surface transportation program, metropolitan planning, 
     and the congestion mitigation and air quality improvement 
     program, after the application of clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(D); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (D) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(C) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.24 ....

    Arkansas..................................................1.33 ....

    Delaware..................................................0.47 ....

    Hawaii....................................................0.55 ....

    Idaho.....................................................0.82 ....

    Montana...................................................1.06 ....

    Nevada....................................................0.73 ....

    New Hampshire.............................................0.52 ....

    New Jersey................................................2.41 ....

    New Mexico................................................1.05 ....

    North Dakota..............................................0.73 ....

    Rhode Island..............................................0.58 ....

    South Dakota..............................................0.78 ....

    Vermont...................................................0.47 ....

    Wyoming...................................................0.76.....

       ``(b) Treatment of Allocations.--
                                                                    ____


                           Amendment No. 1882

       Beginning on page 21, strike line 15 and all that follows 
     through page 30, line 18, and insert the following:
       ``(C) the product obtained by multiplying--
       ``(i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       ``(ii) the applicable percentage determined under paragraph 
     (2); and
       ``(D) the product obtained by multiplying--
       ``(i) annual average of total apportionments determined 
     under subparagraph (B); by
       ``(ii) the applicable percentage determined under paragraph 
     (2).
       ``(2) Applicable percentages.--
       ``(A) Fiscal year 1998.--For fiscal year 1998--
       ``(i) the applicable percentage referred to in paragraph 
     (1)(C)(ii) shall be 145 percent; and
       ``(ii) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 107 percent.
       ``(B) Fiscal years thereafter.--For each of fiscal years 
     1999 through 2003, the applicable percentage referred to in 
     paragraph (1)(C)(ii) or (1)(D)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       ``(i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       ``(ii) the percentage that--
       ``(I) the total contract authority made available under 
     this Act and title 23, United States Code, for Federal-aid 
     highway programs for the fiscal year; bears to
       ``(II) the total contract authority made available under 
     this Act and title 23, United States Code, for Federal-aid 
     highway programs for fiscal year 1998.
       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(C), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(C).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(D); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and

[[Page S1615]]

       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       ``(5) Notwithstanding any other provision of this 
     subsection, in each of the fiscal years 1998 through 2003, 
     funds apportioned under this subsection shall not increase 
     Massachusetts's share to more than 75 percent of its total 
     fiscal year 1997 Federal-aid highway apportionment.''
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(C) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.24 ....

    Arkansas..................................................1.33 ....

    Delaware..................................................0.47 ....

    Hawaii....................................................0.55 ....

    Idaho.....................................................0.82 ....

    Montana...................................................1.06 ....

    Nevada....................................................0.73 ....

    New Hampshire.............................................0.52 ....

    New Jersey................................................2.41 ....

    New Mexico................................................1.05 ....

    North Dakota..............................................0.73 ....

    Rhode Island..............................................0.58 ....

    South Dakota..............................................0.78 ....

    Vermont...................................................0.47 ....

    Wyoming...................................................0.76.....

       ``(b) Treatment of Allocations.--
                                                                    ____


                           Amendment No. 1883

       On page 278, delete line 14 and insert the following:
       ``4321 et seq.)'', provided the metropolitan planning 
     organization has included consideration of at least one 
     alternative plan or program that is designed to maximize use 
     of transportation demand management alternatives.''
                                                                    ____


                           Amendment No. 1884

       At the end of the bill add the following:
TITLE ____--EQUITABLE ALLOCATION OF AIRPORT IMPROVEMENT PROGRAM FUNDING
       Definitions.--In this section:
       (1) Airport and airway trust fund.--The term ``Airport and 
     Airway Trust Fund'' means the trust fund established under 
     section 9502 of the Internal Revenue Code of 1986.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the airport and airway 
     trust fund.--The term ``State dollar contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the amount of funds equal to the amounts 
     transferred to Airport and Airway Trust Fund under section 
     9502 of the Internal Revenue Code of 1986 that are equivalent 
     to the taxes described in section 9502(b) of the Internal 
     Revenue Code of 1986 that are collected in that State.
       (6) State percentage contribution to the airport and airway 
     trust fund.--The term ``State percentage contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the proportion, expressed as a percentage, 
     that the State dollar contribution to the Airport and Airway 
     Trust Fund bears to the aggregate of the State dollar 
     contributions to the Airport and Airway Trust Fund collected 
     from all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount equal to the amount of taxes collected 
     in each State during the fiscal year that are transferred to 
     the Airport and Airway Trust Fund; and
       (2) the Secretary shall determine the State dollar 
     contribution to the Airport and Airway Trust Fund and State 
     percentage contribution to the Airport and Airway Trust Fund 
     of each State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--
       (A) Allocation.--Notwithstanding any other provision of 
     law, each State shall be entitled to receive under each 
     program administered by the Secretary for which funds are 
     authorized to be transferred from the Airport and Airway 
     Trust Fund, an amount for a fiscal year that is not less than 
     90 percent of the amount that is equal to the aggregate 
     amount to be paid under that program to all of the States for 
     the fiscal year (adjusted for any administrative costs 
     referred to in section 9502(d)(1)(C) of the Internal Revenue 
     Code of 1986) multiplied by the State percentage contribution 
     to the Airport and Airway Trust Fund for the fiscal year.
       (B) Rule of construction.--Nothing in this section is 
     intended to permit a use of amounts made available to a State 
     under this section in a manner that does not meet the 
     applicable requirements of part B of subtitle VII of title 
     49, United States Code.
       (2) Implementation.--If, but for this section, a State 
     would be entitled to receive less than the amount of its 
     equitable State allocation under a program administered by 
     the Secretary, the Secretary shall deduct from the amounts to 
     be paid to States that would be entitled to receive more than 
     the equitable State allocations for those States, pro rata, 
     the amount necessary to enable the Secretary to pay the State 
     the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1885

       On page 200, strike lines 3 through 6 and insert the 
     following:
       (8) Project.--The term ``project'' means--
       (A) a surface transportation project eligible for Federal 
     assistance under title 23 or chapter 53 of title 49, United 
     States Code; and
       (B) a project for an international bridge or tunnel, for 
     which an international entity authorized under State or 
     Federal law is responsible.
                                                                    ____


                           Amendment No. 1886

       At the end of the bill, add the following:
 TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER NATIONAL AERONAUTICS 
                   AND SPACE ADMINISTRATION PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER NATIONAL 
                   AERONAUTICS AND SPACE ADMINISTRATION PROGRAMS.

       (a) Definitions.--In this section--
       (1) Administrator--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (2) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Administrator to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a grant or other form of financial assistance;
       (B) a payment under a contract; compensation of an employee 
     or consultant; or
       (C) any other form.
       (3) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--

[[Page S1616]]

       (1) the Secretary of the Treasury shall report to the 
     Administrator the amount of revenues under the Internal 
     Revenue Code of 1986 collected in each State during the 
     fiscal year; and
       (2) the Administrator shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administrator--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the 
     Administrator, in an amount that is not less than the product 
     obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under--
       (i) other programs administered by the Administrator; or
       (ii) transfer funds to the Secretary of Transportation to 
     fund programs that apportion funds to States that are 
     administered by the Secretary under title 23 or 49 of the 
     United States Code.
       (2) Implementation.--If, but for this section, the 
     Administrator would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Administrator shall reduce the amounts of 
     agency expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Administrator to make agency expenditures in 
     the State in the full amount of its equitable State 
     allocation.
                                                                    ____


                           Amendment No. 1887

       At the end of the bill, add the following:
    TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER FOREST SERVICE 
                                PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER FOREST 
                   SERVICE PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a share of revenues received from Federal land 
     management activity;
       (B) a grant or other form of financial assistance;
       (C) a payment under a contract; compensation of an employee 
     or consultant; or
       (D) any other form.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount of revenues under the Internal Revenue 
     Code of 1986 collected in each State during the fiscal year;
       (2) the Secretary shall determine with respect to the 
     Department of Agriculture, and the head of each other Federal 
     agency shall report to the Secretary with respect to the 
     agency, the amount of user fees paid or any other payments 
     made to the agency by persons (including all private and 
     public entities) in each State during the fiscal year; and
       (3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the Secretary, 
     acting through the Chief of the Forest Service, in an amount 
     that is not less than the product obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under other programs 
     administered by the Secretary of Agriculture.
       (2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1888

       At the end of the bill, add the following:
    TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF LAND 
                          MANAGEMENT PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF 
                   LAND MANAGEMENT PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a share of revenues received from Federal land 
     management activity;
       (B) a grant or other form of financial assistance;
       (C) a payment under a contract; compensation of an employee 
     or consultant; or
       (D) any other form.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount of revenues under the Internal Revenue 
     Code of 1986 collected in each State during the fiscal year;
       (2) the Secretary shall determine with respect to the 
     Department of the Interior, and the head of each other 
     Federal agency shall report to the Secretary with respect to 
     the agency, the amount of user fees paid or any other 
     payments made to the agency by persons (including all private 
     and public entities) in each State during the fiscal year; 
     and
       (3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the Secretary, 
     acting through the Director of the Bureau of Land Management, 
     in an amount that is not less than the product obtained by 
     multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under other programs 
     administered by the Secretary of the Interior.
       (2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State

[[Page S1617]]

     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1889

       At the end of the bill, add the following:
TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF RECLAMATION 
                                PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF 
                   RECLAMATION PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a share of revenues received from Federal land 
     management activity;
       (B) a grant or other form of financial assistance;
       (C) a payment under a contract; compensation of an employee 
     or consultant; or
       (D) any other form.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount of revenues under the Internal Revenue 
     Code of 1986 collected in each State during the fiscal year;
       (2) the Secretary shall determine with respect to the 
     Department of the Interior, and the head of each other 
     Federal agency shall report to the Secretary with respect to 
     the agency, the amount of user fees paid or any other 
     payments made to the agency by persons (including all private 
     and public entities) in each State during the fiscal year; 
     and
       (3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the Secretary, 
     acting through the Commissioner of Reclamation, in an amount 
     that is not less than the product obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under other programs 
     administered by the Secretary of the Interior.
       (2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1890

       On page 23, line 4, strike ``145'' and substitute ``130'' 
     in lieu thereof:
                                                                    ____


                           Amendment No. 1891

       On page 23, line 7, strike ``107'' and substitute ``115'' 
     in lieu thereof:
                                                                    ____


                           Amendment No. 1892

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

     SEC. 1128. STUDY OF FISCAL RELATIONSHIP BETWEEN FEDERAL 
                   GOVERNMENT AND SEVERAL STATES.

       (a) Study.--The Secretary of the Treasury shall undertake a 
     study of the following issues:
       (1) Factors in state allocation formulas.--
       (A) In general.--The various factors described in 
     subparagraph (B) used in State allocation formulas included 
     in current Federal assistance programs and possible 
     alternative factors described in subparagraph (C), including 
     an analysis of the strengths and weaknesses of such factors 
     and formulas.
       (B) Current factors.--Factors described in this 
     subparagraph include--
       (i) rolling 3-year average of State per capita income,
       (ii) State total taxable resources,
       (iii) per capita income squared,
       (iv) poverty population, including poverty population 5-17 
     years old, poverty population under 21, families with incomes 
     between 130 percent and 185 percent of poverty level, 
     children below 130 percent of poverty level, households below 
     150 percent of poverty level, and rural population in 
     poverty, and
       (v) population receiving benefits under a State program 
     funded under part A of title IV of the Social Security Act, 
     adult population receiving such benefits, children 5-17 years 
     old in families above poverty level receiving such benefits.
       (C) Alternative factors.--Factors described in this 
     subparagraph include--
       (i) State gross domestic product,
       (ii) the representative tax system,
       (iii) the inclusion of user fees in factors based on tax 
     collections,
       (iv) poverty measures which reflect State cost-of-living, 
     and
       (v) a more accurate measure of State fiscal capacity than 
     State per capita income.
       (2) Fiscal condition and capacity.--The long-term outlook 
     for the fiscal condition and fiscal capacity of Federal, 
     State, and local governments.
       (3) Impact of payments deficit.--The impact on a State's 
     economy of running a persistent balance of payments deficit 
     with the Federal Government.
       (4) Measures leading to more equitable returns on tax 
     dollars.--Measures, including changes to allocation formulas, 
     which would provide that each State's return on each Federal 
     tax dollar, including direct payments to individuals, grants 
     to State and local government, procurement, salaries and 
     wages, and other Federal spending, is at least $0.95.
       (5) Impact of other factors.--The impacts of the cyclical 
     nature of the economy and other factors, such as employment, 
     on the expenditures, needs, and fiscal capacities of Federal, 
     State, and local governments.
       (6) Responsiveness of distribution of federal assistance.--
     The responsiveness of the distribution of Federal assistance 
     to--
       (A) the cyclical nature of the economy and other factors 
     identified under paragraph (5),
       (B) the fiscal capacities of State and local governments,
       (C) the need for services of State and local governments, 
     and
       (D) cost-of-living and cost-of-government differentials.
       (7) Administration of allocation formulas.--The 
     mathematical models, underlying data, and administration of 
     Federal grant formulas, including the formulas examined under 
     paragraph (1).
       (b) Study Plan.--The Secretary of the Treasury, in 
     consultation with the Secretary of Commerce, the Comptroller 
     General of the United States, and recognized organizations of 
     elected officials of State and local governments, including 
     regional organizations of such officials and officials of 
     States that may receive substantially reduced funding under 
     alternative methods of allocating Federal assistance, shall 
     develop a plan for the completion of the study required by 
     subsection (a). Such plan may provide for the participation 
     of such individuals and organizations in the conduct of the 
     study.
       (c) Report of Study.--Upon completion of the study required 
     by subsection (a), the Secretary of the Treasury shall 
     solicit the views of the persons and organizations with whom 
     the Secretary was required to consult by subsection (b) and 
     shall append such views to a final report to the President 
     and Congress. Such report shall be submitted not later than 
     June 30, 1999.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                                                    ____


                           Amendment No. 1893

       On page 5, line 12 strike all that follows through page 30, 
     line 17, and substitute the following:
       ``(1) Interstate and National Highway System Program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,788,000,000 for fiscal year 
     1998,
       $12,625,000,000 for fiscal year 1999,
       $12,644,000,000 for fiscal year 2000,
       $12,742,000,000 for fiscal year 2001,
       $13,045,000,000 for fiscal year 2002, and
       $13,595,000,000 for fiscal year 2003, of which--
       ``(A) $4,919,000,000 for fiscal year 1998,
       $4,934,000,000 for fiscal year 1999,
       $4,967,000,000 for fiscal year 2000,
       $5,004,000,000 for fiscal year 2001,
       $5,092,000,000 for fiscal year 2002, and
       $5,239,000,000 for fiscal year 2003 shall be used for 
     Interstate maintenance component; and

[[Page S1618]]

       ``(B) $1,497,000,000 for fiscal year 1998,
       $1,502,000,000 for fiscal year 1999,
       $1,511,000,000 for fiscal year 2000,
       $1,524,000,000 for fiscal year 2001,
       $1,550,000,000 for fiscal year 2002, and
       $1,595,000,000 for fiscal year 2003 shall be used for 
     Interstate bridge component.
       ``(2) Surface Transportation Program.--
       For the surface transportation program under section 133 of 
     that title $7,474,000,000 for fiscal year 1998,
       $7,500,000,000 for fiscal year 1999,
       $7,549,000,000 for fiscal year 2000,
       $7,606,000,000 for fiscal year 2001,
       $7,740,000,000 for fiscal year 2002, and
       $7,974,000,000 for fiscal year 2003.
       ``(3) Congestion Mitigation and Air Quality Improvement 
     Program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title
       $1,227,000,000 for fiscal year 1998,
       $1,231,000,000 for fiscal year 1999,
       $1,240,000,000 for fiscal year 2000,
       $1,250,000,000 for fiscal year 2001,
       $1,271,000,000 for fiscal year 2002, and $1,309,000,000 for 
     fiscal year 2003.''
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under

[[Page S1619]]

     clauses (i) through (vi) of subparagraph (B), shall be 
     further multiplied by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(C).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(D); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or

[[Page S1620]]

     as soon as practicable thereafter, the Secretary shall 
     allocate among the States specified in paragraph (3) amounts 
     sufficient to ensure that the State's percentage of total 
     apportionments for the fiscal year is--
       ``(A) not less than the percentage specified for the State 
     in paragraph (3), but
       ``(B) not greater than the product determined for the State 
     under section 1102(c)(1)(D) of the Intermodal Transportation 
     Act of 1997 for the fiscal year.
       ``(2) Total Apportionments.--For the purposes of this 
     paragraph each State's total apportionments for the fiscal 
     year is defined as those made--
       ``(A) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and congestion mitigation and air 
     quality improvement program; and
       ``(B) under section 1102(c) of the Intermodel 
     Transportation Act of 1997 for ISTEA transition;
       ``(3) State percentages.--The percentage referred to in 
     paragraph (1)(A) for a specified State shall be determined in 
     accordance with the following table:


        ``State                                              Percentage
Alaska.............................................................1.25
Arkansas...........................................................1.34
Delaware...........................................................0.48
Hawaii.............................................................0.56
Idaho..............................................................0.83
Montana............................................................1.07
Nevada.............................................................0.74
New Hampshire......................................................0.53
New Jersey.........................................................2.42
New Mexico.........................................................1.06
North Dakota.......................................................0.74
Rhode Island.......................................................0.59
South Dakota.......................................................0.79
Vermont............................................................0.48
Wyoming............................................................0.77
                                 ______
                                 

                 CHAFEE (AND GRAHAM) AMENDMENT NO. 1894

  (Ordered to lie on the table.)
  Mr. CHAFEE (for himself and Mr. Graham) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       Beginning on page 197, strike line 11 and all that follows 
     through page 218 and insert the following:

     SEC. 1313. ESTABLISHMENT OF PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

     ``Sec. 181. Definitions

       ``In this subchapter:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means amounts substantially all of which are paid by, 
     or for the account of, an obligor in connection with a 
     project, including the cost of--
       ``(A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, preliminary engineering and design work, 
     and other preconstruction activities;
       ``(B) construction, reconstruction, rehabilitation, 
     replacement, and acquisition of real property (including land 
     related to the project and improvements to land), 
     environmental mitigation, construction contingencies, and 
     acquisition of equipment; and
       ``(C) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction.
       ``(2) Federal credit instrument.--The term `Federal credit 
     instrument' means a secured loan, loan guarantee, or line of 
     credit authorized to be made available under this subchapter 
     with respect to a project.
       ``(3) Lender.--The term `lender' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
       ``(A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       ``(B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       ``(4) Line of credit.--The term `line of credit' means an 
     agreement entered into by the Secretary with an obligor under 
     section 184 to provide a direct loan at a future date upon 
     the occurrence of certain events.
       ``(5) Loan guarantee.--The term `loan guarantee' means any 
     guarantee or other pledge by the Secretary to pay all or part 
     of the principal of and interest on a loan or other debt 
     obligation issued by an obligor and funded by a lender.
       ``(6) Local servicer.--The term `local servicer' means--
       ``(A) a State infrastructure bank established under this 
     title; or
       ``(B) a State or local government or any agency of a State 
     or local government that is responsible for servicing a 
     Federal credit instrument on behalf of the Secretary.
       ``(7) Obligor.--The term `obligor' means a party primarily 
     liable for payment of the principal of or interest on a 
     Federal credit instrument, which party may be a corporation, 
     partnership, joint venture, trust, or governmental entity, 
     agency, or instrumentality.
       ``(8) Project.--The term `project' means--
       (A) any surface transportation project eligible for Federal 
     assistance under this title or chapter 53 of title 49; and
       (B) a project for an international bridge or tunnel for 
     which an international entity authority under State of 
     Federal law is responsible.
       ``(9) Project obligation.--The term `project obligation' 
     means any note, bond, debenture, or other debt obligation 
     issued by an obligor in connection with the financing of a 
     project, other than a Federal credit instrument.
       ``(10) Secured loan.--The term `secured loan' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 183.
       ``(11) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(12) Substantial completion.--The term `substantial 
     completion' means the opening of a project to vehicular or 
     passenger traffic.

     ``Sec. 182. Determination of eligibility and project 
       selection

       ``(a) Eligibility.--To be eligible to receive financial 
     assistance under this subchapter, a project shall meet the 
     following criteria:
       ``(1) Inclusion in transportation plans and programs.--The 
     project--
       ``(A) shall be included in the State transportation plan 
     required under section 135; and
       ``(B) at such time as an agreement to make available a 
     Federal credit instrument is entered into under this 
     subchapter, shall be included in the approved State 
     transportation improvement program required under section 
     134.
       ``(2) Application.--A State, a local servicer identified 
     under section 185(a), or the entity undertaking the project 
     shall submit a project application to the Secretary.
       ``(3) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this subchapter, a 
     project shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i) $100,000,000; or
       ``(ii) 50 percent of the amount of Federal highway 
     assistance funds apportioned for the most recently-completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $30,000,000.
       ``(4) Dedicated revenue sources.--Project financing shall 
     be repayable, in whole or in part, from tolls, user fees, or 
     other dedicated revenue sources.
       ``(5) Public sponsorship of private entities.--In the case 
     of a project that is undertaken by an entity that is not a 
     State or local government or an agency or instrumentality of 
     a State or local government, the project that the entity is 
     undertaking shall be publicly sponsored as provided in 
     paragraphs (1) and (2).
       ``(b) Selection Among Eligible Projects.--
       ``(1) Establishment.--The Secretary shall establish 
     criteria for selecting among projects that meet the 
     eligibility criteria specified in subsection (a).
       ``(2) Selection criteria.--The selection criteria shall 
     include the following:
       ``(A) The extent to which the project is nationally or 
     regionally significant, in terms of generating economic 
     benefits, supporting international commerce, or otherwise 
     enhancing the national transportation system.
       ``(B) The creditworthiness of the project, including a 
     determination by the Secretary that any financing for the 
     project has appropriate security features, such as a rate 
     covenant, to ensure repayment. The Secretary shall require 
     each project applicant to provide a preliminary rating 
     opinion letter from a nationally recognized bond rating 
     agency.
       ``(C) The extent to which assistance under this subchapter 
     would foster innovative public-private partnerships and 
     attract private debt or equity investment.
       ``(D) The likelihood that assistance under this subchapter 
     would enable the project to proceed at an earlier date than 
     the project would otherwise be able to proceed.
       ``(E) The extent to which the project uses new 
     technologies, including intelligent transportation systems, 
     that enhance the efficiency of the project.
       ``(F) The amount of budget authority required to fund the 
     Federal credit instrument made available under this 
     subchapter.
       ``(G) The extent to which the project helps maintain or 
     protect the environment.
       ``(c) Federal Requirements.--The following provisions of 
     law shall apply to funds made available under this subchapter 
     and projects assisted with the funds:
       ``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(2) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(3) The Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

     ``Sec. 183. Secured loans

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraph (2), the Secretary 
     may enter into agreements with 1 or more obligors to make 
     secured loans, the proceeds of which shall be used--

[[Page S1621]]

       ``(A) to finance eligible project costs; or
       ``(B) to refinance interim construction financing of 
     eligible project costs;
     of any project selected under section 182.
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B) later 
     than 1 year after the date of substantial completion of the 
     project.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A secured loan under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amount.--The amount of the secured loan shall 
     not exceed 33 percent of the reasonably anticipated eligible 
     project costs.
       ``(3) Payment.--The secured loan--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(4) Interest rate.--The interest rate on the secured loan 
     shall be not less than the yield on marketable United States 
     Treasury securities of a similar maturity to the maturity of 
     the secured loan on the date of execution of the loan 
     agreement.
       ``(5) Maturity date.--The final maturity date of the 
     secured loan shall be not later than 35 years after the date 
     of substantial completion of the project.
       ``(6) Nonsubordination.--The secured loan shall not be 
     subordinated to the claims of any holder of project 
     obligations in the event of bankruptcy, insolvency, or 
     liquidation of the obligor.
       ``(7) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of making a secured loan under this 
     section.
       ``(8) Non-federal share.--The proceeds of a secured loan 
     under this subchapter may be used for any non-Federal share 
     of project costs required under this title or chapter 53 of 
     title 49, if the loan is repayable from non-Federal funds.
       ``(c) Repayment.--
       ``(1) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the projected cash flow from project revenues and other 
     repayment sources.
       ``(2) Commencement.--Scheduled loan repayments of principal 
     or interest on a secured loan under this section shall 
     commence not later than 5 years after the date of substantial 
     completion of the project.
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.
       ``(4) Deferred payments.--
       ``(A) Authorization.--If, at any time during the 10 years 
     after the date of substantial completion of the project, the 
     project is unable to generate sufficient revenues to pay 
     scheduled principal and interest on the secured loan, the 
     Secretary may, pursuant to established criteria for the 
     project agreed to by the entity undertaking the project and 
     the Secretary, allow the obligor to add unpaid principal and 
     interest to the outstanding balance of the secured loan.
       ``(B) Interest.--Any payment deferred under subparagraph 
     (A) shall--
       ``(i) continue to accrue interest in accordance with 
     subsection (b)(4) until fully repaid; and
       ``(ii) be scheduled to be amortized over the remaining term 
     of the loan beginning not later than 10 years after the date 
     of substantial completion of the project in accordance with 
     paragraph (1).
       ``(5) Prepayment.--
       ``(A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and secured loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay the secured loan without 
     penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from the proceeds of 
     refinancing from non-Federal funding sources.
       ``(d) Sale of Secured Loans.--
       ``(1) In general.--Subject to paragraph (2), as soon as 
     practicable after substantial completion of a project and 
     after notifying the obligor, the Secretary may sell to 
     another entity or reoffer into the capital markets a secured 
     loan for the project if the Secretary determines that the 
     sale or reoffering can be made on favorable terms.
       ``(2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary may not change the 
     original terms and conditions of the secured loan without the 
     written consent of the obligor.
       ``(e) Loan Guarantees.--
       ``(1) In general.--The Secretary may provide a loan 
     guarantee to a lender in lieu of making a secured loan if the 
     Secretary determines that the budgetary cost of the loan 
     guarantee is substantially the same as that of a secured 
     loan.
       ``(2) Terms.--The terms of a guaranteed loan shall be 
     consistent with the terms set forth in this section for a 
     secured loan, except that the rate on the guaranteed loan and 
     any prepayment features shall be negotiated between the 
     obligor and the lender, with the consent of the Secretary.

     ``Sec. 184. Lines of credit

       ``(a) In General.--
       ``(1) Agreements.--The Secretary may enter into agreements 
     to make available lines of credit to 1 or more obligors in 
     the form of direct loans to be made by the Secretary at 
     future dates on the occurrence of certain events for any 
     project selected under section 182.
       ``(2) Use of proceeds.--The proceeds of a line of credit 
     made available under this section shall be available to pay 
     debt service on project obligations issued to finance 
     eligible project costs, extraordinary repair and replacement 
     costs, operation and maintenance expenses, and costs 
     associated with unexpected Federal or State environmental 
     restrictions.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A line of credit under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amounts.--
       ``(A) Total amount.--The total amount of the line of credit 
     shall not exceed 33 percent of the reasonably anticipated 
     eligible project costs.
       ``(B) One-year draws.--The amount drawn in any 1 year shall 
     not exceed 20 percent of the total amount of the line of 
     credit.
       ``(3) Draws.--Any draw on the line of credit shall 
     represent a direct loan and shall be made only if net 
     revenues from the project (including capitalized interest, 
     any debt service reserve fund, and any other available 
     reserve) are insufficient to pay the costs specified in 
     subsection (a)(2).
       ``(4) Interest rate.--The interest rate on a direct loan 
     resulting from a draw on the line of credit shall be not less 
     than the yield on 30-year marketable United States Treasury 
     securities as of the date on which the line of credit is 
     obligated.
       ``(5) Security.--The line of credit--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(6) Period of availability.--The line of credit shall be 
     available during the period beginning on the date of 
     substantial completion of the project and ending not later 
     than 10 years after that date.
       ``(7) Rights of third party creditors.--
       ``(A) Against federal government.--A third party creditor 
     of the obligor shall not have any right against the Federal 
     Government with respect to any draw on the line of credit.
       ``(B) Assignment.--An obligor may assign the line of credit 
     to 1 or more lenders or to a trustee on the lenders' behalf.
       ``(8) Nonsubordination.--A direct loan under this section 
     shall not be subordinated to the claims of any holder of 
     project obligations in the event of bankruptcy, insolvency, 
     or liquidation of the obligor.
       ``(9) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of providing a line of credit under this 
     section.
       ``(10) Relationship to other credit instruments.--A project 
     that receives a line of credit under this section shall not 
     also receive a secured loan or loan guarantee under section 
     183 of an amount that, combined with the amount of the line 
     of credit, exceeds 33 percent of eligible project costs.
       ``(c) Repayment.--
       ``(1) Terms and conditions.--The Secretary shall establish 
     repayment terms and conditions for each direct loan under 
     this section based on the projected cash flow from project 
     revenues and other repayment sources.
       ``(2) Timing.--All scheduled repayments of principal or 
     interest on a direct loan under this section shall commence 
     not later than 5 years after the end of the period of 
     availability specified in subsection (b)(6) and be fully 
     repaid, with interest, by the date that is 25 years after the 
     end of the period of availability specified in subsection 
     (b)(6).
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.

     ``Sec. 185. Project servicing

       ``(a) Requirement.--The State in which a project that 
     receives financial assistance under this subchapter is 
     located may identify a local servicer to assist the Secretary 
     in servicing the Federal credit instrument made available 
     under this subchapter.
       ``(b) Agency; Fees.--If a State identifies a local servicer 
     under subsection (a), the local servicer--
       ``(1) shall act as the agent for the Secretary; and
       ``(2) may receive a servicing fee, subject to approval by 
     the Secretary.
       ``(c) Liability.--A local servicer identified under 
     subsection (a) shall not be liable for

[[Page S1622]]

     the obligations of the obligor to the Secretary or any 
     lender.
       ``(d) Assistance From Expert Firms.--The Secretary may 
     retain the services of expert firms in the field of municipal 
     and project finance to assist in the underwriting and 
     servicing of Federal credit instruments.

     ``Sec. 186. State and local permits

       ``The provision of financial assistance under this 
     subchapter with respect to a project shall not--
       ``(1) relieve any recipient of the assistance of any 
     obligation to obtain any required State or local permit or 
     approval with respect to the project;
       ``(2) limit the right of any unit of State or local 
     government to approve or regulate any rate of return on 
     private equity invested in the project; or
       ``(3) otherwise supersede any State or local law (including 
     any regulation) applicable to the construction or operation 
     of the project.

     ``Sec. 187. Regulations

       ``The Secretary may issue such regulations as the Secretary 
     determines appropriate to carry out this subchapter.

     ``Sec. 188. Funding

       ``(a) 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 subchapter--
       ``(A) $60,000,000 for fiscal year 1998;
       ``(B) $60,000,000 for fiscal year 1999;
       ``(C) $90,000,000 for fiscal year 2000;
       ``(D) $90,000,000 for fiscal year 2001;
       ``(E) $115,000,000 for fiscal year 2002; and
       ``(F) $115,000,000 for fiscal year 2003.
       ``(2) Administrative costs.--From funds made available 
     under paragraph (1), the Secretary may use, for the 
     administration of this subchapter, not more than $2,000,000 
     for each of fiscal years 1998 through 2003.
       ``(3) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.
       ``(b) Contract Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, approval by the Secretary of a Federal credit instrument 
     that uses funds made available under this subchapter shall be 
     deemed to be acceptance by the United States of a contractual 
     obligation to fund the Federal credit instrument.
       ``(2) Availability.--Amounts authorized under this section 
     for a fiscal year shall be available for obligation on 
     October 1 of the fiscal year.
       ``(c) Limitations on Credit Amounts.--For each of fiscal 
     years 1998 through 2003, principal amounts of Federal credit 
     instruments made available under this subchapter shall be 
     limited to the amounts specified in the following table:

                                                         Maximum amount
``Fiscal year:                                               of credit:
  1998..................................................$1,200,000,000 
  1999..................................................$1,200,000,000 
  2000..................................................$1,800,000,000 
  2001..................................................$1,800,000,000 
  2002..................................................$2,300,000,000 
  2003..................................................$2,300,000,000.

     ``Sec. 189. Imposition of annual fee on recipients

       ``(a) In General.--There is hereby imposed on any recipient 
     of a Federal credit instrument an annual fee equal to the 
     applicable percentage of the average outstanding Federal 
     credit instrument amount made available to the recipient 
     during the year under this subchapter.
       ``(b) Time of Imposition.--The fee described in subsection 
     (a) shall be imposed on the annual anniversary date of the 
     receipt of the Federal credit instrument.
       ``(c) Applicable Percentage.--For the purposes of 
     subsection (a), the applicable percentage is, with respect to 
     an annual anniversary date occurring in--
       ``(1) any of fiscal years 1999 through 2003, 1.9095 
     percent; and
       ``(2) any fiscal year after 2003, 0.5144 percent.
       ``(d) Termination.--The fee imposed by this section shall 
     not apply with respect to annual anniversary dates occurring 
     after September 30, 2008.
       ``(e) Deposit of Receipts.--The fees collected by the 
     Secretary under this section shall be deposited in the 
     general fund of the Treasury of the United States as 
     miscellaneous receipts.

     ``Sec. 190. Report to Congress

       ``Not later than 4 years after the date of enactment of 
     this subchapter, the Secretary shall submit to Congress a 
     report summarizing the financial performance of the projects 
     that are receiving, or have received, assistance under this 
     subchapter, including a recommendation as to whether the 
     objectives of this subchapter are best served--
       ``(1) by continuing the program under the authority of the 
     Secretary;
       ``(2) by establishing a Government corporation or 
     Government-sponsored enterprise to administer the program; or
       ``(3) by phasing out the program and relying on the capital 
     markets to fund the types of infrastructure investments 
     assisted by this subchapter without Federal participation.''.
       (b) Conforming Amendments.--Chapter 1 of title 23, United 
     States Code, is amended--
       (1) in the analysis--
       (A) by inserting before ``Sec.'' the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

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

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Imposition of annual fee on recipients.
``190. Report to Congress.'';
     and
       (2) by inserting before section 101 the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

     SEC. 1314. OFFICE OF INFRASTRUCTURE FINANCE.

       (a) Duties of the Secretary.--Section 301 of title 49, 
     United States Code, is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) develop and coordinate Federal policy on financing 
     transportation infrastructure, including the provision of 
     direct Federal credit assistance and other techniques used to 
     leverage Federal transportation funds.''.
       (b) Office of Infrastructure Finance.--
       (1) In general.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 113. Office of Infrastructure Finance

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish within the Office of the Secretary an Office of 
     Infrastructure Finance.
       ``(b) Director.--The Office shall be headed by a Director 
     who shall be appointed by the Secretary not later than 180 
     days after the date of enactment of this section.
       ``(c) Functions.--The Director shall be responsible for--
       ``(1) carrying out the responsibilities of the Secretary 
     described in section 301(9);
       ``(2) carrying out research on financing transportation 
     infrastructure, including educational programs and other 
     initiatives to support Federal, State, and local government 
     efforts; and
       ``(3) providing technical assistance to Federal, State, and 
     local government agencies and officials to facilitate the 
     development and use of alternative techniques for financing 
     transportation infrastructure.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``113. Office of Infrastructure Finance.''.
                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 1895-1897

  (Ordered to lie on the table)
  Mr. CHAFEE submitted three amendments intended to be proposed by him 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1895

       On page 8, lines 4 and 5, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       On page 20, strike lines 11 through 21 and insert the 
     following:
       (b) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) shall not be taken into account in 
     determining the apportionments and allocations that any State 
     shall be entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title.''.
       On page 33, line 20, strike ``104(b)(2)'' and insert 
     ``104(b)(3)''.
       On page 34, line 15, strike ``104(b)(2)'' and insert 
     ``104(b)(3)''.
       On page 35, line 11, strike ``104(b)(1)(A)'' and insert 
     ``104(b)(1)''.
       On page 38, between lines 17 and 18, insert the following:
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(b)''.
       Beginning on page 38, strike line 24 and all that follows 
     through page 39, line 4, and insert the following:
       (1) $21,500,000,000 for fiscal year 1998;
       (2) $28,462,000,000 for fiscal year 1999;
       (3) $28,894,000,000 for fiscal year 2000;
       (4) $29,334,000,000 for fiscal year 2001;
       (5) $29,800,000,000 for fiscal year 2002; and
       (6) $30,319,000,000 for fiscal year 2003.
       On page 39, line 11, strike ``2003'' and insert ``2007''.
       On page 41, lines 20 and 21, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       On page 47, line 4, strike ``authorized to be 
     appropriated'' and insert ``made available''.

[[Page S1623]]

       On page 51, line 22, insert ``, by rule,'' after 
     ``develop''.
       On page 74, strike lines 14 through 23 and insert the 
     following:
       ``(3) Authorization of appropriations from highway trust 
     fund.--
       ``(A) In general.--There are authorized to be appropriated 
     to the Secretary from the Highway Trust Fund (other than the 
     Mass Transit Account) to carry out this subsection--
       ``(i) $8,000,000 for development of the system; and
       ``(ii) $2,000,000 for each of fiscal years 1998 through 
     2003 for operation and maintenance of the system.
       ``(B) Availability.--Notwithstanding section 118(a), funds 
     made available under subparagraph (A) shall not be available 
     in advance of an annual appropriation.''.
       On page 79, line 15, insert ``(a) In General.--'' before 
     ``Section''.
       On page 82, between lines 9 and 10, insert the following:
       (b) Technical Amendments.--
       (1) Section 104(f)(3) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 120(j) 
     of this title'' and inserting ``section 120''.
       (2) Section 130(a) of title 23, United States Code, is 
     amended--
       (A) in the first sentence, by striking ``Except as provided 
     in subsection (d) of section 120 of this title'' and 
     inserting ``Subject to section 120''; and
       (B) in the second sentence, by striking ``except as 
     provided in subsection (d) of section 120 of this title'' and 
     inserting ``subject to section 120''.
       On page 116, strike lines 21 through 23 and insert the 
     following:
       ``(B) Authorization of appropriations.--
       ``(i) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other
       On page 117, between lines 3 and 4, insert the following:
       ``(ii) Availability.--Notwithstanding section 118(a), funds 
     made available under clause (i) shall not be available in 
     advance of an annual appropriation.
       On page 120, strike lines 2 through 5 and insert the 
     following:

     under section 412;
       ``(C) require that--
       ``(i)(I) the Project include not more than 12 traffic 
     lanes, of which 2 lanes shall be exclusively for use by high 
     occupancy vehicles, express buses, or rail transit; and
       ``(II) the design, construction, and operation of the 
     Project reflect the requirements of subclause (I);
       ``(ii) all provisions described in the environmental impact 
     statement for the Project or the record of decision for the 
     Project (including in the attachments to the statement and 
     record) for mitigation of environmental and other impacts of 
     the Project be implemented; and
       ``(iii) the Authority and the Capital Region jurisdictions 
     develop a process to fully integrate affected local 
     governments, on an ongoing basis, in the process of carrying 
     out the engineering, design, and construction phases of the 
     project, including planning for implementing the provisions 
     described in clause (ii); and
       ``(D) contain such other terms and conditions as the 
     Secretary determines to be appropriate.''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 5, line 19, strike 
     ``$3,587,000,000'' and insert ``$3,603,000,000''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 7, line 10, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 12, line 22, insert ``at least 50 
     percent'' before ``greater''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 12, line 23, before the period, 
     insert the following: ``(as determined on the basis of the 
     1990 Federal census)''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 14, line 11, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 16, line 13, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 18, line 8, strike ``equal to 
     or''.
       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 18, line 14, strike ``45'' and 
     insert ``40''.
       On page 140, strike line 15 and insert the following:
       (3) in paragraph (3), by striking ``agency of a Federal, 
     State, or local government'' and inserting ``agency of the 
     Federal Government'';
       On page 150, between lines 16 and 17, insert the following:

     SEC. 12____. ENGINEERING COST REIMBURSEMENT.

       Section 102(b) of title 23, United States Code, is amended 
     in the first sentence by inserting before the period at the 
     end the following: ``unless, before the end of the 10-year 
     period, the State requests a longer period for commencement 
     of the construction or acquisition and the Secretary 
     determines that the request is reasonable''.
       On page 190, line 14, insert ``related to surface 
     transportation'' after ``project''.
       On page 220, lines 4 and 5, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       Beginning on page 234, strike line 24 and all that follows 
     through page 235, line 8, and insert the following:
     fiscal year, the excess amounts shall be allocated as 
     follows:
       ``(A) 50 percent to be apportioned to the States in the 
     same manner in which funds are apportioned under section 
     402(c).
       ``(B) 50 percent to be allocated by the Secretary under 
     section 403 through cooperative agreements with States to 
     carry out innovative programs to promote increased seat belt 
     use rates.
       On page 246, at the end of line 6, add the following: 
     ``State wildlife agency, wetland conservation group, land 
     trust, or''.
       On page 369, line 2, before the period, insert the 
     following: ``, of which not less than $500,000 shall be made 
     available to carry out the study under section 511''.
       On page 375, line 6, strike ``2 years'' and insert ``5 
     years''.
       On page 375, strike lines 13 through 15 and insert the 
     following:

     SEC. 2016. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

       On page 375, strike lines 19 and 20 and insert the 
     following:

     ``Sec. 310. Advanced vehicle technologies program

       On page 378, strike lines 8 through 11 and insert the 
     following:
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $50,000,000 for each of fiscal 
     years 1998 through 2003, to remain available until expended.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.
       On page 378, strike the item between lines 15 and 16 and 
     insert the following:

``310. Advanced vehicle technologies program.''.

       On page 381, strike lines 4 through 6 and insert the 
     following:
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $5,000,000 for each of fiscal years 
     1998 through 2003.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.
       On page 385, line 1, add ``deployment of'' at the end.
       On page 399, line 19, strike ``or'' and insert ``and''.
       On page 402, line 16, strike ``and''.
       On page 402, line 18, strike the period and insert ``; 
     and''.
       On page 402, between lines 18 and 19, insert the following:
       ``(v) developing and implementing unobtrusive eyetracking 
     technology.
                                                                    ____


                           Amendment No. 1896

       Beginning on page 5, strike line 7 and all that follows 
     through page 38, line 17, and insert the following:

     SEC. 1101. AUTHORIZATIONS.

       For the purpose of carrying out title 23, United States 
     Code, the following sums shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account):
       (1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $____,____,____,000 for fiscal year 
     1998, $____,____,____,000 for fiscal year 1999, 
     $____,____,____,000 for fiscal year 2000, $____,____,____,000 
     for fiscal year 2001, $____,____,____,000 for fiscal year 
     2002, and $____,____,____,000 for fiscal year 2003, of 
     which--
       (A) $____,____,____,000 for fiscal year 1998, 
     $____,____,____,000 for fiscal year 1999, $____,____,____,000 
     for fiscal year 2000, $____,____,____,000 for fiscal year 
     2001, $____,____,____,000 for fiscal year 2002, and 
     $____,____,____,000 for fiscal year 2003 shall be available 
     for the Interstate maintenance component; and
       (B) $____,____,____,000 for fiscal year 1998, 
     $____,____,____,000 for fiscal year 1999, $____,____,____,000 
     for fiscal year 2000, $____,____,____,000 for fiscal year 
     2001, $____,____,____,000 for fiscal year 2002, and 
     $____,____,____,000 for fiscal year 2003 shall be available 
     for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $____,____,____,000 for fiscal year 1998, $____,____,____,000 
     for fiscal year 1999, $____,____,____,000 for fiscal year 
     2000, $____,____,____,000 for fiscal year 2001, 
     $____,____,____,000 for fiscal year 2002, and 
     $____,____,____,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $____,____,____,000 for fiscal year 1998, $____,____,____,000 
     for fiscal year 1999, $____,____,____,000 for fiscal year 
     2000, $____,____,____,000 for fiscal year 2001, 
     $____,____,____,000 for fiscal year 2002, and 
     $____,____,____,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.

[[Page S1624]]

       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums made available 
     for expenditure on the Interstate and National Highway System 
     program, the congestion mitigation and air quality 
     improvement program, and the surface transportation program, 
     for that fiscal year, among the States in the following 
     manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, and for the purposes specified in 
     subparagraph (A), in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

[[Page S1625]]

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) shall not be taken into account in 
     determining the apportionments and allocations that any State 
     shall be entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title.''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 150 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 150 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     150 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than ____; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--

[[Page S1626]]

       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.27 ....

    Arkansas..................................................1.36 ....

    Delaware..................................................0.50 ....

    Hawaii....................................................0.58 ....

    Idaho.....................................................0.85 ....

    Montana...................................................1.09 ....

    Nevada....................................................0.76 ....

    New Hampshire.............................................0.55 ....

    New Jersey................................................2.44 ....

    New Mexico................................................1.08 ....

    North Dakota..............................................0.67 ....

    Rhode Island..............................................0.61 ....

    South Dakota..............................................0.67 ....

    Vermont...................................................0.50 ....

    Virginia..................................................2.56 ....

    Wyoming...................................................0.79.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.

       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(3)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(3)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(b)''.
                                                                    ____


                           Amendment No. 1897

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

     SEC. 37____. ELIMINATION OF ESSENTIAL AIR SERVICE PROGRAM.

       (a) Availability of Slots.--Section 41714 of title 49, 
     United States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) [[Reserved]]''.
       (b) Nonhub Airport.--Section 41715(d) of title 49, United 
     States Code, is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Nonhub Airport.--In this section, the term `nonhub 
     airport' means an airport that each year has fewer than .05 
     percent of total annual boardings in the United States.''.
       (c) Elimination of Program.--
       (1) In general.--Chapter 417 of title 49, United States 
     Code, is amended by striking subchapter II.
       (2) Conforming amendments.--
       (A) Section 329(b)(1) of title 49, United States Code, is 
     amended by striking ``and are not used for providing 
     essential air transportation under subchapter II of chapter 
     417 of this title''.
       (B) Section 40117(e)(2) of title 49, United States Code, is 
     amended--

[[Page S1627]]

       (i) in subparagraph (A), by adding ``and'' at the end;
       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B).
       (C) Chapter 417 of title 49, United States Code, is amended 
     by striking the heading for subchapter I.
       (D) Section 41709(b)(1)(A) of title 49, United States Code, 
     is amended by striking ``under subchapter II of this chapter 
     or''.
       (E) The chapter analysis for chapter 417 of title 49, 
     United States Code, is amended by striking the items relating 
     to subchapter II.
                                 ______
                                 

                 CHAFEE (AND GRAHAM) AMENDMENT NO. 1898

  (Ordered to lie on the table.)
  Mr. CHAFEE (for himself and Mr. Graham) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       Beginning on page 197, strike line 11 and all that follows 
     through page 218 and insert the following:

     SEC. 1313. ESTABLISHMENT OF PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

     ``Sec. 181. Definitions

       ``In this subchapter:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means amounts substantially all of which are paid by, 
     or for the account of, an obligor in connection with a 
     project, including the cost of--
       ``(A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, preliminary engineering and design work, 
     and other preconstruction activities;
       ``(B) construction, reconstruction, rehabilitation, 
     replacement, and acquisition of real property (including land 
     related to the project and improvements to land), 
     environmental mitigation, construction contingencies, and 
     acquisition of equipment; and
       ``(C) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction.
       ``(2) Federal credit instrument.--The term `Federal credit 
     instrument' means a secured loan, loan guarantee, or line of 
     credit authorized to be made available under this subchapter 
     with respect to a project.
       ``(3) Lender.--The term `lender' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
       ``(A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       ``(B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       ``(4) Line of credit.--The term `line of credit' means an 
     agreement entered into by the Secretary with an obligor under 
     section 184 to provide a direct loan at a future date upon 
     the occurrence of certain events.
       ``(5) Loan guarantee.--The term `loan guarantee' means any 
     guarantee or other pledge by the Secretary to pay all or part 
     of the principal of and interest on a loan or other debt 
     obligation issued by an obligor and funded by a lender.
       ``(6) Local servicer.--The term `local servicer' means--
       ``(A) a State infrastructure bank established under this 
     title; or
       ``(B) a State or local government or any agency of a State 
     or local government that is responsible for servicing a 
     Federal credit instrument on behalf of the Secretary.
       ``(7) Obligor.--The term `obligor' means a party primarily 
     liable for payment of the principal of or interest on a 
     Federal credit instrument, which party may be a corporation, 
     partnership, joint venture, trust, or governmental entity, 
     agency, or instrumentality.
       ``(8) Project.--The term `project' means any surface 
     transportation project eligible for Federal assistance under 
     this title or chapter 53 of title 49.
       ``(9) Project obligation.--The term `project obligation' 
     means any note, bond, debenture, or other debt obligation 
     issued by an obligor in connection with the financing of a 
     project, other than a Federal credit instrument.
       ``(10) Secured loan.--The term `secured loan' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 183.
       ``(11) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(12) Substantial completion.--The term `substantial 
     completion' means the opening of a project to vehicular or 
     passenger traffic.

     ``Sec. 182. Determination of eligibility and project 
       selection

       ``(a) Eligibility.--To be eligible to receive financial 
     assistance under this subchapter, a project shall meet the 
     following criteria:
       ``(1) Inclusion in transportation plans and programs.--The 
     project--
       ``(A) shall be included in the State transportation plan 
     required under section 135; and
       ``(B) at such time as an agreement to make available a 
     Federal credit instrument is entered into under this 
     subchapter, shall be included in the approved State 
     transportation improvement program required under section 
     134.
       ``(2) Application.--A State, a local servicer identified 
     under section 185(a), or the entity undertaking the project 
     shall submit a project application to the Secretary.
       ``(3) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this subchapter, a 
     project shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i) $100,000,000; or
       ``(ii) 50 percent of the amount of Federal highway 
     assistance funds apportioned for the most recently-completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $30,000,000.
       ``(4) Dedicated revenue sources.--Project financing shall 
     be repayable, in whole or in part, from tolls, user fees, or 
     other dedicated revenue sources.
       ``(5) Public sponsorship of private entities.--In the case 
     of a project that is undertaken by an entity that is not a 
     State or local government or an agency or instrumentality of 
     a State or local government, the project that the entity is 
     undertaking shall be publicly sponsored as provided in 
     paragraphs (1) and (2).
       ``(b) Selection Among Eligible Projects.--
       ``(1) Establishment.--The Secretary shall establish 
     criteria for selecting among projects that meet the 
     eligibility criteria specified in subsection (a).
       ``(2) Selection criteria.--The selection criteria shall 
     include the following:
       ``(A) The extent to which the project is nationally or 
     regionally significant, in terms of generating economic 
     benefits, supporting international commerce, or otherwise 
     enhancing the national transportation system.
       ``(B) The creditworthiness of the project, including a 
     determination by the Secretary that any financing for the 
     project has appropriate security features, such as a rate 
     covenant, to ensure repayment. The Secretary shall require 
     each project applicant to provide a preliminary rating 
     opinion letter from a nationally recognized bond rating 
     agency.
       ``(C) The extent to which assistance under this subchapter 
     would foster innovative public-private partnerships and 
     attract private debt or equity investment.
       ``(D) The likelihood that assistance under this subchapter 
     would enable the project to proceed at an earlier date than 
     the project would otherwise be able to proceed.
       ``(E) The extent to which the project uses new 
     technologies, including intelligent transportation systems, 
     that enhance the efficiency of the project.
       ``(F) The amount of budget authority required to fund the 
     Federal credit instrument made available under this 
     subchapter.
       ``(G) The extent to which the project helps maintain or 
     protect the environment.
       ``(c) Federal Requirements.--The following provisions of 
     law shall apply to funds made available under this subchapter 
     and projects assisted with the funds:
       ``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(2) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(3) The Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

     ``Sec. 183. Secured loans

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraph (2), the Secretary 
     may enter into agreements with 1 or more obligors to make 
     secured loans, the proceeds of which shall be used--
       ``(A) to finance eligible project costs; or
       ``(B) to refinance interim construction financing of 
     eligible project costs;
     of any project selected under section 182.
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B) later 
     than 1 year after the date of substantial completion of the 
     project.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A secured loan under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amount.--The amount of the secured loan shall 
     not exceed 33 percent of the reasonably anticipated eligible 
     project costs.
       ``(3) Payment.--The secured loan--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.

[[Page S1628]]

       ``(4) Interest rate.--The interest rate on the secured loan 
     shall be not less than the yield on marketable United States 
     Treasury securities of a similar maturity to the maturity of 
     the secured loan on the date of execution of the loan 
     agreement.
       ``(5) Maturity date.--The final maturity date of the 
     secured loan shall be not later than 35 years after the date 
     of substantial completion of the project.
       ``(6) Nonsubordination.--The secured loan shall not be 
     subordinated to the claims of any holder of project 
     obligations in the event of bankruptcy, insolvency, or 
     liquidation of the obligor.
       ``(7) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of making a secured loan under this 
     section.
       ``(8) Non-federal share.--The proceeds of a secured loan 
     under this subchapter may be used for any non-Federal share 
     of project costs required under this title or chapter 53 of 
     title 49, if the loan is repayable from non-Federal funds.
       ``(c) Repayment.--
       ``(1) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the projected cash flow from project revenues and other 
     repayment sources.
       ``(2) Commencement.--Scheduled loan repayments of principal 
     or interest on a secured loan under this section shall 
     commence not later than 5 years after the date of substantial 
     completion of the project.
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.
       ``(4) Deferred payments.--
       ``(A) Authorization.--If, at any time during the 10 years 
     after the date of substantial completion of the project, the 
     project is unable to generate sufficient revenues to pay 
     scheduled principal and interest on the secured loan, the 
     Secretary may, pursuant to established criteria for the 
     project agreed to by the entity undertaking the project and 
     the Secretary, allow the obligor to add unpaid principal and 
     interest to the outstanding balance of the secured loan.
       ``(B) Interest.--Any payment deferred under subparagraph 
     (A) shall--
       ``(i) continue to accrue interest in accordance with 
     subsection (b)(4) until fully repaid; and
       ``(ii) be scheduled to be amortized over the remaining term 
     of the loan beginning not later than 10 years after the date 
     of substantial completion of the project in accordance with 
     paragraph (1).
       ``(5) Prepayment.--
       ``(A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and secured loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay the secured loan without 
     penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from the proceeds of 
     refinancing from non-Federal funding sources.
       ``(d) Sale of Secured Loans.--
       ``(1) In general.--Subject to paragraph (2), as soon as 
     practicable after substantial completion of a project and 
     after notifying the obligor, the Secretary may sell to 
     another entity or reoffer into the capital markets a secured 
     loan for the project if the Secretary determines that the 
     sale or reoffering can be made on favorable terms.
       ``(2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary may not change the 
     original terms and conditions of the secured loan without the 
     written consent of the obligor.
       ``(e) Loan Guarantees.--
       ``(1) In general.--The Secretary may provide a loan 
     guarantee to a lender in lieu of making a secured loan if the 
     Secretary determines that the budgetary cost of the loan 
     guarantee is substantially the same as that of a secured 
     loan.
       ``(2) Terms.--The terms of a guaranteed loan shall be 
     consistent with the terms set forth in this section for a 
     secured loan, except that the rate on the guaranteed loan and 
     any prepayment features shall be negotiated between the 
     obligor and the lender, with the consent of the Secretary.

     ``Sec. 184. Lines of credit

       ``(a) In General.--
       ``(1) Agreements.--The Secretary may enter into agreements 
     to make available lines of credit to 1 or more obligors in 
     the form of direct loans to be made by the Secretary at 
     future dates on the occurrence of certain events for any 
     project selected under section 182.
       ``(2) Use of proceeds.--The proceeds of a line of credit 
     made available under this section shall be available to pay 
     debt service on project obligations issued to finance 
     eligible project costs, extraordinary repair and replacement 
     costs, operation and maintenance expenses, and costs 
     associated with unexpected Federal or State environmental 
     restrictions.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A line of credit under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amounts.--
       ``(A) Total amount.--The total amount of the line of credit 
     shall not exceed 33 percent of the reasonably anticipated 
     eligible project costs.
       ``(B) One-year draws.--The amount drawn in any 1 year shall 
     not exceed 20 percent of the total amount of the line of 
     credit.
       ``(3) Draws.--Any draw on the line of credit shall 
     represent a direct loan and shall be made only if net 
     revenues from the project (including capitalized interest, 
     any debt service reserve fund, and any other available 
     reserve) are insufficient to pay the costs specified in 
     subsection (a)(2).
       ``(4) Interest rate.--The interest rate on a direct loan 
     resulting from a draw on the line of credit shall be not less 
     than the yield on 30-year marketable United States Treasury 
     securities as of the date on which the line of credit is 
     obligated.
       ``(5) Security.--The line of credit--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(6) Period of availability.--The line of credit shall be 
     available during the period beginning on the date of 
     substantial completion of the project and ending not later 
     than 10 years after that date.
       ``(7) Rights of third party creditors.--
       ``(A) Against federal government.--A third party creditor 
     of the obligor shall not have any right against the Federal 
     Government with respect to any draw on the line of credit.
       ``(B) Assignment.--An obligor may assign the line of credit 
     to 1 or more lenders or to a trustee on the lenders' behalf.
       ``(8) Nonsubordination.--A direct loan under this section 
     shall not be subordinated to the claims of any holder of 
     project obligations in the event of bankruptcy, insolvency, 
     or liquidation of the obligor.
       ``(9) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of providing a line of credit under this 
     section.
       ``(10) Relationship to other credit instruments.--A project 
     that receives a line of credit under this section shall not 
     also receive a secured loan or loan guarantee under section 
     183 of an amount that, combined with the amount of the line 
     of credit, exceeds 33 percent of eligible project costs.
       ``(c) Repayment.--
       ``(1) Terms and conditions.--The Secretary shall establish 
     repayment terms and conditions for each direct loan under 
     this section based on the projected cash flow from project 
     revenues and other repayment sources.
       ``(2) Timing.--All scheduled repayments of principal or 
     interest on a direct loan under this section shall commence 
     not later than 5 years after the end of the period of 
     availability specified in subsection (b)(6) and be fully 
     repaid, with interest, by the date that is 25 years after the 
     end of the period of availability specified in subsection 
     (b)(6).
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.

     ``Sec. 185. Project servicing

       ``(a) Requirement.--The State in which a project that 
     receives financial assistance under this subchapter is 
     located may identify a local servicer to assist the Secretary 
     in servicing the Federal credit instrument made available 
     under this subchapter.
       ``(b) Agency; Fees.--If a State identifies a local servicer 
     under subsection (a), the local servicer--
       ``(1) shall act as the agent for the Secretary; and
       ``(2) may receive a servicing fee, subject to approval by 
     the Secretary.
       ``(c) Liability.--A local servicer identified under 
     subsection (a) shall not be liable for the obligations of the 
     obligor to the Secretary or any lender.
       ``(d) Assistance From Expert Firms.--The Secretary may 
     retain the services of expert firms in the field of municipal 
     and project finance to assist in the underwriting and 
     servicing of Federal credit instruments.

     ``Sec. 186. State and local permits

       ``The provision of financial assistance under this 
     subchapter with respect to a project shall not--
       ``(1) relieve any recipient of the assistance of any 
     obligation to obtain any required State or local permit or 
     approval with respect to the project;
       ``(2) limit the right of any unit of State or local 
     government to approve or regulate any rate of return on 
     private equity invested in the project; or
       ``(3) otherwise supersede any State or local law (including 
     any regulation) applicable to the construction or operation 
     of the project.

     ``Sec. 187. Regulations

       ``The Secretary may issue such regulations as the Secretary 
     determines appropriate to carry out this subchapter.

     ``Sec. 188. Funding

       ``(a) 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 subchapter--
       ``(A) $60,000,000 for fiscal year 1998;

[[Page S1629]]

       ``(B) $60,000,000 for fiscal year 1999;
       ``(C) $90,000,000 for fiscal year 2000;
       ``(D) $90,000,000 for fiscal year 2001;
       ``(E) $115,000,000 for fiscal year 2002; and
       ``(F) $115,000,000 for fiscal year 2003.
       ``(2) Administrative costs.--From funds made available 
     under paragraph (1), the Secretary may use, for the 
     administration of this subchapter, not more than $2,000,000 
     for each of fiscal years 1998 through 2003.
       ``(3) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.
       ``(b) Contract Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, approval by the Secretary of a Federal credit instrument 
     that uses funds made available under this subchapter shall be 
     deemed to be acceptance by the United States of a contractual 
     obligation to fund the Federal credit instrument.
       ``(2) Availability.--Amounts authorized under this section 
     for a fiscal year shall be available for obligation on 
     October 1 of the fiscal year.
       ``(c) Limitations on Credit Amounts.--For each of fiscal 
     years 1998 through 2003, principal amounts of Federal credit 
     instruments made available under this subchapter shall be 
     limited to the amounts specified in the following table:

                                                         Maximum amount
``Fiscal year:                                               of credit:
  1998..................................................$1,200,000,000 
  1999..................................................$1,200,000,000 
  2000..................................................$1,800,000,000 
  2001..................................................$1,800,000,000 
  2002..................................................$2,300,000,000 
  2003..................................................$2,300,000,000.

     ``Sec. 189. Imposition of annual fee on recipients

       ``(a) In General.--There is hereby imposed on any recipient 
     of a Federal credit instrument an annual fee equal to the 
     applicable percentage of the average outstanding Federal 
     credit instrument amount made available to the recipient 
     during the year under this subchapter.
       ``(b) Time of Imposition.--The fee described in subsection 
     (a) shall be imposed on the annual anniversary date of the 
     receipt of the Federal credit instrument.
       ``(c) Applicable Percentage.--For the purposes of 
     subsection (a), the applicable percentage is, with respect to 
     an annual anniversary date occurring in--
       ``(1) any of fiscal years 1999 through 2003, 1.9095 
     percent; and
       ``(2) any fiscal year after 2003, 0.5144 percent.
       ``(d) Termination.--The fee imposed by this section shall 
     not apply with respect to annual anniversary dates occurring 
     after September 30, 2008.
       ``(e) Deposit of Receipts.--The fees collected by the 
     Secretary under this section shall be deposited in the 
     general fund of the Treasury of the United States as 
     miscellaneous receipts.

     ``Sec. 190. Report to Congress

       ``Not later than 4 years after the date of enactment of 
     this subchapter, the Secretary shall submit to Congress a 
     report summarizing the financial performance of the projects 
     that are receiving, or have received, assistance under this 
     subchapter, including a recommendation as to whether the 
     objectives of this subchapter are best served--
       ``(1) by continuing the program under the authority of the 
     Secretary;
       ``(2) by establishing a Government corporation or 
     Government-sponsored enterprise to administer the program; or
       ``(3) by phasing out the program and relying on the capital 
     markets to fund the types of infrastructure investments 
     assisted by this subchapter without Federal participation.''.
       (b) Conforming Amendments.--Chapter 1 of title 23, United 
     States Code, is amended--
       (1) in the analysis--
       (A) by inserting before ``Sec.'' the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

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

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Imposition of annual fee on recipients.
``190. Report to Congress.'';
     and
       (2) by inserting before section 101 the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

     SEC. 1314. OFFICE OF INFRASTRUCTURE FINANCE.

       (a) Duties of the Secretary.--Section 301 of title 49, 
     United States Code, is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) develop and coordinate Federal policy on financing 
     transportation infrastructure, including the provision of 
     direct Federal credit assistance and other techniques used to 
     leverage Federal transportation funds.''.
       (b) Office of Infrastructure Finance.--
       (1) In general.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 113. Office of Infrastructure Finance

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish within the Office of the Secretary an Office of 
     Infrastructure Finance.
       ``(b) Director.--The Office shall be headed by a Director 
     who shall be appointed by the Secretary not later than 180 
     days after the date of enactment of this section.
       ``(c) Functions.--The Director shall be responsible for--
       ``(1) carrying out the responsibilities of the Secretary 
     described in section 301(9);
       ``(2) carrying out research on financing transportation 
     infrastructure, including educational programs and other 
     initiatives to support Federal, State, and local government 
     efforts; and
       ``(3) providing technical assistance to Federal, State, and 
     local government agencies and officials to facilitate the 
     development and use of alternative techniques for financing 
     transportation infrastructure.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``113. Office of Infrastructure Finance.''.

                       CHAFEE AMENDMENT NO. 1899

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       At the end of the amendment, add the following:
       ``(7) Adjustment to other minimum guarantee amount.--
     Notwithstanding section 105 of title 23, for each fiscal 
     year, the amount to be allocated to a State under section 
     105(a)(1)(B) of that title shall be reduced by any amount 
     made available to the State under this subsection.''.
       (b) Distribution of Excess Funds.--For each fiscal year, 
     the amount of budgetary savings resulting from adoption of 
     the amendment proposed by __________________ (No. ____) shall 
     be apportioned among the States so that the amount 
     apportioned to each State is equal to the product obtained by 
     multiplying--
       (1) the amount of the budgetary savings for the fiscal 
     year; by
       (2) the State's percentage of the amounts made available 
     under this Act and title 23, United States Code, for the 
     fiscal year.
                                 ______
                                 

                 CHAFEE (AND OTHERS) AMENDMENT NO. 1900

  (Ordered to lie on the table.)
  Mr. CHAFEE (for himself, Mr. Lott, Mr. Daschle, Mr. Byrd, Mr. Gramm, 
Mr. Baucus, Mr. Warner, Mr. Smith of New Hampshire, Mr. Kempthorne, Mr. 
Thomas, Mr. Bond, Mr. Hutchinson, Mr. Moynihan, Mr. Lautenberg, Mr. 
Reid, and Mr. Lieberman) submitted an amendment intended to be proposed 
by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 
1173, supra; as follows:

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

     SEC. 11____. ADDITIONAL FUNDING.

       (a) In General.--
       (1) Apportionment.--On October 1, or as soon as practicable 
     thereafter, of each fiscal year, after making apportionments 
     and allocations under sections 104 and 105(a) of title 23, 
     United States Code, and section 1102(c) of this Act, the 
     Secretary shall apportion, in accordance with paragraph (2), 
     the funds made available by paragraph (3) 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 section 
     1102(c) of this Act and the allocations to each State under 
     section 105(a) of that title (excluding amounts made 
     available under this section); bears to
       (B) the total of all apportionments to all States under 
     section 104 of that title and section 1102(c) of this Act and 
     all allocations to all States under section 105(a) of that 
     title (excluding amounts made available under this section).
       (2) Distribution among categories.--
       (A) Limited flexible funding for certain states.--For each 
     fiscal year, in the case of each State that does not receive 
     funding under subsection (c) or an allocation under 
     subsection (d), an amount equal to 22 percent of the funds 
     apportioned to the State under paragraph (1) shall be set 
     aside for use by the State for any purpose eligible for 
     funding under title 23, United States Code, or this Act.
       (B) Distribution of remaining funds.--
       (i) In general.--For each fiscal year, after application of 
     subparagraph (A), the remaining funds apportioned to each 
     State under paragraph (1) shall be apportioned in accordance 
     with clause (ii) among the following categories:

       (I) The Interstate maintenance component of the Interstate 
     and National Highway System program under section 
     104(b)(1)(A) of title 23, United States Code.
       (II) The Interstate bridge component of the Interstate and 
     National Highway System program under section 104(b)(1)(B) of 
     that title.
       (III) The National Highway System component of the 
     Interstate and National Highway

[[Page S1630]]

     System program under section 104(b)(1)(C) of that title.
       (IV) The congestion mitigation and air quality improvement 
     program under section 104(b)(2) of that title.
       (V) The surface transportation program under section 
     104(b)(3) of that title.
       (VI) Metropolitan planning under section 104(f) of that 
     title.
       (VII) Minimum guarantee under section 105 of that title.
       (VIII) ISTEA transition under section 1102(c) of this Act.

       (ii) Distribution formula.--For each State and each fiscal 
     year, the amount of funds apportioned for each category under 
     clause (i) shall be equal to the product obtained by 
     multiplying--

       (I) the amount of funds apportioned to the State for the 
     fiscal year under paragraph (1); by
       (II) the ratio that--

       (aa) the amount of funds apportioned to the State for the 
     category for the fiscal year under the other sections of this 
     Act and the amendments made by this Act; bears to
       (bb) the total amount of funds apportioned to the State for 
     all of the categories for the fiscal year under the other 
     sections of this Act and the amendments made by this Act.
       (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 $454,000,000 for fiscal year 1998, 
     $3,351,000,000 for fiscal year 1999, $3,640,000,000 for 
     fiscal year 2000, $3,895,000,000 for fiscal year 2001, 
     $3,867,000,000 for fiscal year 2002, and $3,640,000,000 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.
       (b) Other Adjustments.--
       (1) In general.--Notwithstanding sections 1116, 1117, and 
     1118, and the amendments made by those sections--
       (A) in addition to the amounts authorized to be 
     appropriated under section 1116(d)(5), there shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out section 1116(d) $90,000,000 for 
     each of fiscal years 1999 through 2003; and
       (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 $378,000,000 for each 
     of fiscal years 1999 through 2003, except that the funds made 
     available under this subparagraph, notwithstanding section 
     118(e)(1)(C)(v) of title 23, United States Code, and section 
     201(g)(1)(B) of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.), shall be subject to subparagraphs (A) 
     and (B) of section 118(e)(1) of that title.
       (2) Contract authority.--Funds authorized under 
     subparagraphs (A) and (B) 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.
       (3) Limitation.--No obligation authority shall be made 
     available for any amounts authorized under this subsection 
     for 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.
       (c) High Density Transportation Program.--
       (1) In general.--There is established the high density 
     transportation program (referred to in this subsection as the 
     ``program'') to provide funding to States that have higher-
     than-average population density.
       (2) Determinations.--
       (A) In general.--On October 1, or as soon as practicable 
     thereafter, of each of fiscal years 1999 through 2003, the 
     Secretary shall determine for each State and the fiscal 
     year--
       (i) the population density of the State;
       (ii) the total vehicle miles traveled on lanes on Federal-
     aid highways in the State during the latest year for which 
     data are available;
       (iii) the ratio that--

       (I) the total lane miles on Federal-aid highways in urban 
     areas in the State; bears to
       (II) the total lane miles on all Federal-aid highways in 
     the State; and

       (iv) the quotient obtained by dividing--

       (I) the sum of--

       (aa) the amounts apportioned to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, and the congestion mitigation and air quality 
     improvement program;
       (bb) the amounts allocated to the State under the minimum 
     guarantee program under section 105 of that title; and
       (cc) the amounts apportioned to the State under section 
     1102(c) of this Act for ISTEA transition; by

       (II) the population of the State (as determined based on 
     the latest available annual estimates prepared by the 
     Secretary of Commerce).

       (B) National average.--Using the data determined under 
     subparagraph (A), the Secretary shall determine the national 
     average with respect to each of the factors described in 
     clauses (i) through (iv) of subparagraph (A).
       (3) Eligibility criteria.--A State shall be eligible to 
     receive funding under the program if--
       (A) the amount determined for the State under paragraph 
     (2)(A) with respect to each factor described in clauses (i) 
     through (iii) of paragraph (2)(A) is greater than the 
     national average with respect to the factor determined under 
     paragraph (2)(B); and
       (B) the amount determined for the State with respect to the 
     factor described in paragraph (2)(A)(iv) is less than 85 
     percent of the national average with respect to the factor 
     determined under paragraph (2)(B).
       (4) Distribution of funds.--
       (A) Availability to states.--For each fiscal year, except 
     as provided in subparagraph (D), each State that meets the 
     eligibility criteria under paragraph (3) shall receive a 
     portion of the funds made available to carry out the program 
     that is--
       (i) not less than $36,000,000; but
       (ii) not more than 15 percent of the funds.
       (B) State notification.--On October 1, or as soon as 
     practicable thereafter, of each fiscal year, the Secretary 
     shall notify each State that meets the eligibility criteria 
     under paragraph (3) that the State is eligible to apply for 
     funding under the program.
       (C) Project proposals.--
       (i) Submission.--

       (I) In general.--After receipt of a notification of 
     eligibility under subparagraph (B), to receive funds under 
     the program, a State, in consultation with the appropriate 
     metropolitan planning organizations, shall submit to the 
     Secretary proposals for projects aimed at improving mobility 
     in densely populated areas where traffic loads and highway 
     maintenance costs are high.
       (II) Total cost of projects.--The estimated total cost of 
     the projects proposed by each State shall be equal to at 
     least 3 times the amount that the State is eligible to 
     receive under subparagraph (A).

       (ii) Selection.--The Secretary shall select projects for 
     funding under the program based on factors determined by the 
     Secretary to reflect the degree to which a project will 
     improve mobility in densely populated areas where traffic 
     loads and highway maintenance costs are high.
       (iii) Deadlines.--The Secretary may establish deadlines for 
     States to submit project proposals, except that in the case 
     of fiscal year 1998 the deadline may not be earlier than July 
     1, 1998.
       (D) Redistribution of funds.--For each fiscal year, if a 
     State does not have pending, by the deadline established 
     under subparagraph (C)(iii), applications for projects with 
     an estimated total cost equal to at least 3 times the amount 
     that the State is eligible to receive under subparagraph (A), 
     the Secretary may redistribute, to 1 or more other States, at 
     the Secretary's discretion, \1/3\ of the amount by which the 
     estimated cost of the State's applications is less than 3 
     times the amount that the State is eligible to receive.
       (5) Other eligible states.--In addition to States that meet 
     the eligibility criteria under paragraph (3), a State with 
     respect to which the following conditions are met shall also 
     be eligible for the funds made available to carry out the 
     program that remain after each State that meets the 
     eligibility criteria under paragraph (3) has received the 
     minimum amount of funds specified in paragraph (4)(A)(i):
       (A) Population density.--The population density of the 
     State is greater than the population density of the United 
     States.
       (B) Through truck traffic.--The quotient obtained by 
     dividing--
       (i) the annual quantity of through truck ton-miles in the 
     State (as determined based on the latest available estimates 
     published by the Secretary); by
       (ii) the annual quantity of total truck ton-miles in the 
     State (as determined based on the latest available estimates 
     published by the Secretary);
     is greater than 0.60.
       (6) Eligible projects.--Funds made available to carry out 
     the program may be used for any project eligible for funding 
     under title 23, United States Code, or this Act.
       (7) 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 $360,000,000 for each of fiscal years 1999 
     through 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.
       (8) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for 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.
       (d) Bonus Program.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, after making apportionments and allocations under 
     section 1102 and the amendments made by that section, the 
     Secretary shall allocate to each of the States listed in the 
     following table the amount specified for the State in the 
     following table:

[[Page S1631]]

       

----------------------------------------------------------------------------------------------------------------
                                            Fiscal Year (amounts in thousands of dollars)                       
       State        --------------------------------------------------------------------------------------------
                          1998            1999            2000            2001           2002           2003    
----------------------------------------------------------------------------------------------------------------
Alabama              $4,969          $11,021         $11,093         $11,169        $11,253        $11,352      
----------------------------------------------------------------------------------------------------------------
Arizona              $3,864          $14,418         $14,474         $14,533        $14,598        $14,676      
----------------------------------------------------------------------------------------------------------------
California           $10,353         $47,050         $48,691         $48,094        $39,345        $35,119      
----------------------------------------------------------------------------------------------------------------
Florida              $11,457         $30,175         $30,342         $30,518        $30,710        $30,940      
----------------------------------------------------------------------------------------------------------------
Georgia              $8,723          $19,347         $19,474         $19,608        $19,754        $19,930      
----------------------------------------------------------------------------------------------------------------
Illinois             $8,277          $21,800         $21,921         $22,048        $22,187        $22,353      
----------------------------------------------------------------------------------------------------------------
Indiana              $6,052          $22,580         $22,668         $22,761        $22,862        $22,984      
----------------------------------------------------------------------------------------------------------------
Kentucky             $4,316          $9,573          $9,636          $9,703         $9,775         $9,862       
----------------------------------------------------------------------------------------------------------------
Maryland             $3,749          $4,202          $4,257          $4,314         $4,377         $4,452       
----------------------------------------------------------------------------------------------------------------
Michigan             $7,849          $29,286         $29,400         $29,521        $29,652        $29,810      
----------------------------------------------------------------------------------------------------------------
North Carolina       $7,032          $15,597         $15,700         $15,808        $15,925        $16,067      
----------------------------------------------------------------------------------------------------------------
Ohio                 $8,567          $9,601          $9,726          $9,858         $10,001        $10,173      
----------------------------------------------------------------------------------------------------------------
Pennsylvania         $5,409          $4,174          $60             $0             $0             $0           
----------------------------------------------------------------------------------------------------------------
South Carolina       $3,953          $12,966         $13,023         $13,084        $13,150        $13,230      
----------------------------------------------------------------------------------------------------------------
Tennessee            $5,631          $12,490         $12,572         $12,658        $12,752        $12,866      
----------------------------------------------------------------------------------------------------------------
Texas                $17,129         $63,908         $64,157         $64,421        $64,707        $65,052      
----------------------------------------------------------------------------------------------------------------
Virginia             $6,368          $14,124         $14,217         $14,315        $14,421        $14,549      
----------------------------------------------------------------------------------------------------------------
Wisconsin            $4,520          $16,864         $16,929         $16,999        $17,075        $17,165      
----------------------------------------------------------------------------------------------------------------

       (2) Eligible purposes.--Amounts allocated under paragraph 
     (1) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (3) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this subsection.
       (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) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for 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.
       (e) Federal Lands Highways Program.--
       (1) In general.--In addition to the amounts made available 
     under section 1101(4), there shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account)--
       (A) for Indian reservation roads under section 204 of title 
     23, United States Code, $50,000,000 for each of fiscal years 
     1999 through 2003;
       (B) for parkways and park roads under section 204 of title 
     23, United States Code, $70,000,000 for each of fiscal years 
     1999 through 2003, of which $20,000,000 for each fiscal year 
     shall be available to maintain and improve public roads that 
     provide access to or within units of the National Wildlife 
     Refuge System; and
       (C) for public lands highways under section 204 of title 
     23, United States Code, $50,000,000 for each of fiscal years 
     1999 through 2003.
       (2) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this subsection.
       (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.
       (3) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for 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.
       (f) Preference in Interstate  4R and Bridge Discretionary 
     Program Allocations.--In allocating funds under section 
     104(k) of title 23, United States Code, the Secretary shall 
     give preference to States--
       (1) with respect to which at least 45 percent of the 
     bridges in the State are functionally obsolete and 
     structurally deficient; and
       (2) that do not receive assistance made available under 
     subsection (b)(1)(B) or funding under subsection (c).
       On page 97, line 22, strike ``and''.
       On page 97, strike line 25 and insert the following:
     project;
       (C) provides for the safe and efficient movement of goods 
     along and within international or interstate trade corridors; 
     and
       (D) provides for the continued planning and development of 
     trade corridors.
       On page 98, between lines 21 and 22, insert the following:
       (D) the extent to which truck-borne commodities move 
     through each State and internationally;
       On page 98, line 22, strike ``(D)'' and insert ``(E)''.
       On page 99, line 1, strike ``(E)'' and insert ``(F)''.
       On page 98, line 10, strike ``(F)'' and insert ``(G)''.
       On page 98, line 13, strike ``(G)'' and insert ``(H)''.
       On page 98, line 15, strike ``(H)'' and insert ``(I)''.
       On page 98, line 19, strike ``(I)'' and insert ``(J)''.

[[Page S1632]]

       On page 98, line 23, strike ``(J)'' and insert ``(K)''.
       On page 99, line 24, insert ``, trade corridor 
     development,'' before ``and''.
                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 1901-1902

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted two amendments intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

                           Amendment No. 1901

       On page 337, in the table of contents after line 6, after 
     the item relating to section 512, insert the following:

``513. Program to identify opportunities for cost-effective greenhouse 
              gas emissions reductions.
       On page 381, strike line 7 and insert the following:

     SEC. 2018. PROGRAM TO IDENTIFY OPPORTUNITIES FOR COST-
                   EFFECTIVE GREENHOUSE GAS EMISSIONS REDUCTIONS.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2017), is amended by adding at the end 
     the following:

     ``Sec. 513. Program to identify opportunities for cost-
       effective greenhouse gas emissions reductions

       ``(a) Program.--The Secretary shall carry out a program to 
     identify--
       ``(1) opportunities for cost-effective reductions in 
     greenhouse gas emissions from the transportation sector, 
     through the use of measures involving technology and measures 
     not involving technology; and
       ``(2) opportunities to attract new funding to 
     transportation for investments designed to yield cost-
     effective greenhouse gas emissions reductions.
       ``(b) Report.--Not earlier than 1 year after the date of 
     enactment of this section, and periodically thereafter, the 
     Secretary shall report to Congress and the President on the 
     results of the program.
       ``(c) Research and Analysis.--In carrying out this chapter 
     and chapter 52 of title 49, the Secretary shall ensure that 
     the research and analysis necessary to fulfill the 
     requirements of this subsection are carried out.
       ``(d) Funding.--For each of fiscal years 1998 through 2003, 
     the Secretary shall make available to carry out this 
     subsection not less than $2,000,000 of the funds made 
     available under section 541(a).''.

     SEC. 2019. CONFORMING AMENDMENTS.

       On page 415, line 11, strike ``and 511'' and insert ``511, 
     and 513''.
                                                                    ____


                           Amendment No. 1902

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 14, strike the table after line 20 
     and insert the following:
       

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   Fiscal Year (amounts in thousands of dollars)                        
                          State                          -----------------------------------------------------------------------------------------------
                                                               1998            1999            2000            2001            2002            2003     
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................................         $11,280         $12,724         $12,749         $12,677         $12,205         $12,249
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona.................................................          $8,773          $9,896          $9,915          $9,859          $9,492          $9,526
--------------------------------------------------------------------------------------------------------------------------------------------------------
California..............................................         $39,172         $45,397         $46,817         $45,546         $34,248         $29,744
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida.................................................         $26,009         $29,339         $29,397         $29,231         $28,142         $28,242
--------------------------------------------------------------------------------------------------------------------------------------------------------
Georgia.................................................         $19,803         $22,338         $22,382         $22,255         $21,426         $21,503
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois................................................         $18,790         $21,196         $21,238         $21,118         $20,331         $20,404
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indiana.................................................         $13,739         $15,498         $15,529         $15,441         $14,866         $14,919
--------------------------------------------------------------------------------------------------------------------------------------------------------
Kentucky................................................          $9,799         $11,053         $11,075         $11,012         $10,602         $10,640
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maryland................................................          $8,512          $9,601          $9,620          $9,566          $9,210          $9,242
--------------------------------------------------------------------------------------------------------------------------------------------------------
Michigan................................................         $17,819         $20,100         $20,140         $20,026         $19,281         $19,349
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Carolina..........................................         $15,964         $18,008         $18,044         $17,942         $17,274         $17,335
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio....................................................         $19,448         $21,938         $21,981         $21,857         $21,043         $21,118
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pennsylvania............................................         $17,273         $17,586         $13,394          $9,647          $6,299          $6,770
--------------------------------------------------------------------------------------------------------------------------------------------------------
South Carolina..........................................          $8,975         $10,124         $10,144         $10,087          $9,711          $9,746
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tennessee...............................................         $12,784         $14,420         $14,449         $14,367         $13,832         $13,881
--------------------------------------------------------------------------------------------------------------------------------------------------------
Texas...................................................         $38,886         $43,864         $43,951         $43,702         $42,074         $42,225
--------------------------------------------------------------------------------------------------------------------------------------------------------
Virginia................................................         $14,457         $16,307         $16,340         $16,247         $15,642         $15,698
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wisconsin...............................................         $10,261         $11,574         $11,597         $11,532         $11,102         $11,142
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                 ______
                                 

                     MACK AMENDMENTS NOS. 1903-1910

  (Ordered to lie on the table.)
  Mr. MACK submitted eight amendments intended to be proposed by him to 
amendment No. 1676 by Mr. Chafee to the bill, S. 1173, supra; as 
follows:

                           Amendment No. 1903

       On page 136, after line 22, strike the section added by 
     Chafee Amendment No. 1684 and insert the following:

     SEC. 1128. ADDITIONAL FUNDING.

       (a) In General.--On October 1, or as soon as practicable 
     thereafter, of each fiscal year, after making apportionments 
     and allocations under sections 104 and 105(a) of title 23, 
     United States Code, and section 1102(c) of this Act, the 
     Secretary shall apportion the funds made available by 
     subsection (c) among the States in the ratio that--
       (1) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       (2) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.
       (b) Eligible Purposes.--Amounts allocated under subsection 
     (a) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (c) 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

[[Page S1633]]

     section $770,000,000 for fiscal year 1998, $4,705,000,000 for 
     fiscal year 1999, $4,992,000,000 for fiscal year 2000, 
     $5,240,000,000 for fiscal year 2001, $5,173,000,000 for 
     fiscal year 2002, and $4,953,000,000 for fiscal year 2003.
       (2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
                                                                    ____


                           Amendment No. 1904

       At the end of the title entitled ``Revenue'', add the 
     following:

     SEC. ____. STATE ELECTION TO REDUCE THE FEDERAL FUEL TAX RATE 
                   BY 4.3 CENTS WITH A CORRESPONDING REDUCTION IN 
                   AMOUNTS TRANSFERRED TO THE STATE FROM THE 
                   HIGHWAY TRUST FUND.

       (a) State Election.--
       (1) In general.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline and diesel 
     fuel) is amended by adding at the end the following new 
     subsection:
       ``(f) State Election To Reduce By 4.3-Cents the 
     Transportation Motor Fuels Excise Tax.--
       ``(1) In general.--With respect to any taxpayer in a State 
     described in paragraph (6) during the State's election 
     period, each rate of tax referred to in paragraph (2) shall 
     be reduced by 4.3 cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) subsection (a)(2)(A) (relating to gasoline and diesel 
     fuel),
       ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to 
     aviation fuel),
       ``(C) section 4042(b)(2)(C) (relating to fuel used on 
     inland waterways),
       ``(D) paragraph (1) or (2) of section 4041(a) (relating to 
     diesel fuel and special fuels),
       ``(E) section 4041(c)(3) (relating to gasoline used in 
     noncommercial aviation), and
       ``(F) section 4041(m)(1)(A)(i) (relating to certain 
     methanol or ethanol fuels).
       ``(3) Comparable treatment for compressed natural gas.--No 
     tax shall be imposed by section 4041(a)(3) on any sale or use 
     by any taxpayer in a State described in paragraph (6) during 
     the State's election period.
       ``(4) Comparable treatment under certain refund rules.--
     Each of the rates specified in sections 6421(f)(2)(B), 
     6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 
     6427(l)(4)(B) shall be reduced by 4.3 cents per gallon with 
     respect to any taxpayer in a State described in paragraph (6) 
     during the State's election period.
       ``(5) Coordination with mass transit account.--The rate of 
     tax specified in section 9503(e)(2) shall be reduced by .85 
     cent per gallon with respect to any taxpayer in a State 
     described in paragraph (6) during the State's election 
     period.
       ``(6) Electing state.--
       ``(A) In general.--A State is described in this paragraph 
     if the State makes an election described in subparagraph (B) 
     to have this subsection apply to each fiscal year during the 
     State's election period and to have the Secretary of 
     Transportation make a corresponding reduction in the amounts 
     transferred to the State from the Highway Trust Fund for such 
     year.
       ``(B) Requirements for election.--An election is described 
     in this subparagraph if--
       ``(i) such election is made by a State at least 180 days 
     before the first fiscal year with respect to which the 
     election applies; and
       ``(ii) such election is submitted to the Secretary in such 
     form and manner as the Secretary prescribes.
       ``(C) Election period.--The term `election period' means 
     the period beginning with the fiscal year determined under 
     subparagraph (B)(i) and ending on the last day of the fiscal 
     year in which a termination of such election is made by the 
     State.''.
       (2) Effective date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       (b) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before the tax reduction date, tax has been imposed 
     under section 4081 or 4091 of the Internal Revenue Code of 
     1986 on any liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this subsection 
     referred to as the ``taxpayer'') an amount equal to the 
     excess of the tax paid by the taxpayer over the amount of 
     such tax which would be imposed on such liquid had the 
     taxable event occurred on such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before the date which is 6 months after the tax 
     reduction date, and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the tax reduction date--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before the date which is 3 months after the tax 
     reduction date, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection--
       (A) the terms ``dealer'' and ``held by a dealer'' have the 
     respective meanings given to such terms by section 6412 of 
     such Code; except that the term ``dealer'' includes a 
     producer, and
       (B) the term ``tax reduction date'' means the first day of 
     the State's election period under section 4081(f)(6)(C) of 
     such Code.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this subsection.
       (c) Floor Stocks Taxes.--
       (1) Imposition of tax.--In the case of fuel on which tax 
     was imposed under section 4081 or 4091 of the Internal 
     Revenue Code of 1986 before the tax-increase date described 
     in paragraph (3)(A)(i) and which is held on such date by any 
     person, there is hereby imposed a floor stocks tax of 4.3 
     cents per gallon.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding aviation fuel on a 
     tax-increase date to which the tax imposed by paragraph (1) 
     applies shall be liable for such tax.
       (B) Method of payment.--The tax imposed by paragraph (1) 
     shall be paid in such manner as the Secretary of the Treasury 
     shall prescribe.
       (C) Time for payment.--The tax imposed by paragraph (1) 
     with respect to any tax-increase date shall be paid on or 
     before the first day of the 7th month beginning after such 
     tax-increase date.
       (3) Definitions.--For purposes of this subsection--
       (A) Tax-increase date.--The term ``tax-increase date'' 
     means the day following the end of a State's election period 
     under section 4081(f)(6)(C) of such Code.
       (B) Held by a person.--Aviation fuel shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made).
       (4) Other law applicable.--All provisions of law, including 
     penalties, applicable with respect to the taxes imposed by 
     section 4081 or 4091 of such Code shall, insofar as 
     applicable and not inconsistent with the provisions of this 
     subsection, apply with respect to the floor stock taxes 
     imposed by paragraph (1) to the same extent as if such taxes 
     were imposed by such section 4081 or 4091.
       (d) Effective Date Contingent Upon Certification of Deficit 
     Neutrality.--
       (1) Purpose.--The purpose of this subsection is to ensure 
     that--
       (A) this section will become effective only if the Director 
     of the Office of Management and Budget (referred to in this 
     subsection as the ``Director'') certifies that this section 
     is deficit neutral;
       (B) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this section; and
       (C) the tax reduction made by this section is not scored 
     under pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (2) Effective date contingency.--Notwithstanding any other 
     provision of this Act, this section shall take effect only 
     if--
       (A) the Director submits the report as required in 
     paragraph (3); and
       (B) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2003.
       (3) OMB estimates and report.--
       (A) Requirements.--Not later than 5 calendar days after the 
     date of notification by the Secretary of any election 
     described in subsection (c), the Director shall--
       (i) estimate the net change in revenues resulting from this 
     section for each fiscal year through fiscal year 2003;
       (ii) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     section for each fiscal year through fiscal year 2003;
       (iii) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2003; and
       (iv) submit to the Congress a report setting forth the 
     estimates and determination.
       (B) Applicable assumptions and guidelines.--
       (i) Revenue estimates.--The revenue estimates required 
     under subparagraph (A)(i) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (ii) Outlay estimates.--The outlay estimates required under 
     subparagraph (A)(ii) shall be determined by comparing the 
     level of discretionary outlays resulting from this Act with 
     the corresponding level of discretionary outlays projected in 
     the baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (4) Conforming adjustment to discretionary spending 
     limits.--Upon compliance with the requirements specified in 
     paragraph (2), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal

[[Page S1634]]

     year through fiscal year 2003 under section 601(a)(2) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the 
     estimated reductions in discretionary outlays under paragraph 
     (1)(B).
       (5) Paygo interaction.--Upon compliance with the 
     requirements specified in paragraph (2), no changes in 
     revenues estimated to result from the enactment of this 
     section shall be counted for the purposes of section 252(d) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 902(d)).
                                                                    ____


                           Amendment No. 1905

       At the end of the title entitled ``Revenue'', add the 
     following:

     SEC. ____. REPEAL OF 4.3-CENT TRANSPORTATION MOTOR FUELS 
                   EXCISE TAX TRANSFERRED TO THE HIGHWAY TRUST 
                   FUND BY THE TAXPAYER RELIEF ACT OF 1997.

       (a) Repeal.--
       (1) In general.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline and diesel 
     fuel) is amended by adding at the end the following new 
     subsection:
       ``(f) Repeal of 4.3-Cent Transportation Motor Fuels Excise 
     Tax Transferred to the Highway Trust Fund by the Taxpayer 
     Relief Act of 1997.--
       ``(1) In general.--Each rate of tax referred to in 
     paragraph (2) shall be reduced by 4.3 cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) subsection (a)(2)(A) (relating to gasoline and diesel 
     fuel),
       ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to 
     aviation fuel),
       ``(C) section 4042(b)(2)(C) (relating to fuel used on 
     inland waterways),
       ``(D) paragraph (1) or (2) of section 4041(a) (relating to 
     diesel fuel and special fuels),
       ``(E) section 4041(c)(3) (relating to gasoline used in 
     noncommercial aviation), and
       ``(F) section 4041(m)(1)(A)(i) (relating to certain 
     methanol or ethanol fuels).
       ``(3) Comparable treatment for compressed natural gas.--No 
     tax shall be imposed by section 4041(a)(3) on any sale or use 
     during the applicable period.
       ``(4) Comparable treatment under certain refund rules.--
     Each of the rates specified in sections 6421(f)(2)(B), 
     6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 
     6427(l)(4)(B) shall be reduced by 4.3 cents per gallon.
       ``(5) Coordination with mass transit account.--The rate of 
     tax specified in section 9503(e)(2) shall be reduced by .85 
     cent per gallon.''.
       (2) Effective date.--The amendment made by this section 
     shall take effect on October 1, 2000.
       (b) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2000, tax has been imposed under 
     section 4081 or 4091 of the Internal Revenue Code of 1986 on 
     any liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this subsection 
     referred to as the ``taxpayer'') an amount equal to the 
     excess of the tax paid by the taxpayer over the amount of 
     such tax which would be imposed on such liquid had the 
     taxable event occurred on such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before April 1, 2001, and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2000--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2001, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this subsection.
       (c) Effective Date Contingent Upon Certification of Deficit 
     Neutrality.--
       (1) Purpose.--The purpose of this subsection is to ensure 
     that--
       (A) this section will become effective only if the Director 
     of the Office of Management and Budget (referred to in this 
     subsection as the ``Director'') certifies that this section 
     is deficit neutral;
       (B) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this section; and
       (C) the tax reduction made by this section is not scored 
     under pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (2) Effective date contingency.--Notwithstanding any other 
     provision of this Act, this section shall take effect only 
     if--
       (A) the Director submits the report as required in 
     paragraph (3); and
       (B) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2003.
       (3) OMB estimates and report.--
       (A) Requirements.--Not later than 5 calendar days after the 
     date of notification by the Secretary of any election 
     described in subsection (c), the Director shall--
       (i) estimate the net change in revenues resulting from this 
     section for each fiscal year through fiscal year 2003;
       (ii) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     section for each fiscal year through fiscal year 2003;
       (iii) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2003; and
       (iv) submit to the Congress a report setting forth the 
     estimates and determination.
       (B) Applicable assumptions and guidelines.--
       (i) Revenue estimates.--The revenue estimates required 
     under subparagraph (A)(i) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (ii) Outlay estimates.--The outlay estimates required under 
     subparagraph (A)(ii) shall be determined by comparing the 
     level of discretionary outlays resulting from this Act with 
     the corresponding level of discretionary outlays projected in 
     the baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (4) Conforming adjustment to discretionary spending 
     limits.--Upon compliance with the requirements specified in 
     paragraph (2), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2003 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under paragraph (1)(B).
       (5) Paygo interaction.--Upon compliance with the 
     requirements specified in paragraph (2), no changes in 
     revenues estimated to result from the enactment of this 
     section shall be counted for the purposes of section 252(d) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 902(d)).
                                                                    ____


                           Amendment No. 1906

       At the end of the title entitled ``Revenue'', add the 
     following:

     SEC. ____. REPEAL OF 4.3-CENT TRANSPORTATION MOTOR FUELS 
                   EXCISE TAX TRANSFERRED TO THE HIGHWAY TRUST 
                   FUND BY THE TAXPAYER RELIEF ACT OF 1997.

       (a) Repeal.--
       (1) In general.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline and diesel 
     fuel) is amended by adding at the end the following new 
     subsection:
       ``(f) Repeal of 4.3-Cent Transportation Motor Fuels Excise 
     Tax Transferred to the Highway Trust Fund by the Taxpayer 
     Relief Act of 1997.--
       ``(1) In general.--Each rate of tax referred to in 
     paragraph (2) shall be reduced by 4.3 cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) subsection (a)(2)(A) (relating to gasoline and diesel 
     fuel),
       ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to 
     aviation fuel),
       ``(C) section 4042(b)(2)(C) (relating to fuel used on 
     inland waterways),
       ``(D) paragraph (1) or (2) of section 4041(a) (relating to 
     diesel fuel and special fuels),
       ``(E) section 4041(c)(3) (relating to gasoline used in 
     noncommercial aviation), and
       ``(F) section 4041(m)(1)(A)(i) (relating to certain 
     methanol or ethanol fuels).
       ``(3) Comparable treatment for compressed natural gas.--No 
     tax shall be imposed by section 4041(a)(3) on any sale or use 
     during the applicable period.
       ``(4) Comparable treatment under certain refund rules.--
     Each of the rates specified in sections 6421(f)(2)(B), 
     6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 
     6427(l)(4)(B) shall be reduced by 4.3 cents per gallon.
       ``(5) Coordination with mass transit account.--The rate of 
     tax specified in section 9503(e)(2) shall be reduced by .85 
     cent per gallon.''.
       (2) Effective date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       (b) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before the date of enactment of this Act, tax has been 
     imposed under section 4081 or 4091 of the Internal Revenue 
     Code of 1986 on any liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this subsection 
     referred to as the ``taxpayer'') an amount equal to the 
     excess of the tax paid by the taxpayer over the

[[Page S1635]]

     amount of such tax which would be imposed on such liquid had 
     the taxable event occurred on such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before the date which is 6 months after the date of 
     enactment of this Act, and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the date of enactment of this Act--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before the date which is 3 months after such 
     date, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this subsection.
       (c) Effective Date Contingent Upon Certification of Deficit 
     Neutrality.--
       (1) Purpose.--The purpose of this subsection is to ensure 
     that--
       (A) this section will become effective only if the Director 
     of the Office of Management and Budget (referred to in this 
     subsection as the ``Director'') certifies that this section 
     is deficit neutral;
       (B) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this section; and
       (C) the tax reduction made by this section is not scored 
     under pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (2) Effective date contingency.--Notwithstanding any other 
     provision of this Act, this section shall take effect only 
     if--
       (A) the Director submits the report as required in 
     paragraph (3); and
       (B) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2003.
       (3) OMB estimates and report.--
       (A) Requirements.--Not later than 5 calendar days after the 
     date of notification by the Secretary of any election 
     described in subsection (c), the Director shall--
       (i) estimate the net change in revenues resulting from this 
     section for each fiscal year through fiscal year 2003;
       (ii) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     section for each fiscal year through fiscal year 2003;
       (iii) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2003; and
       (iv) submit to the Congress a report setting forth the 
     estimates and determination.
       (B) Applicable assumptions and guidelines.--
       (i) Revenue estimates.--The revenue estimates required 
     under subparagraph (A)(i) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (ii) Outlay estimates.--The outlay estimates required under 
     subparagraph (A)(ii) shall be determined by comparing the 
     level of discretionary outlays resulting from this Act with 
     the corresponding level of discretionary outlays projected in 
     the baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (4) Conforming adjustment to discretionary spending 
     limits.--Upon compliance with the requirements specified in 
     paragraph (2), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2003 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under paragraph (1)(B).
       (5) Paygo interaction.--Upon compliance with the 
     requirements specified in paragraph (2), no changes in 
     revenues estimated to result from the enactment of this 
     section shall be counted for the purposes of section 252(d) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 902(d)).
                                                                    ____


                           Amendment No. 1907

       On page 136, after line 22, in the section added by Chafee 
     Amendment No. 1684 on page 6, strike lines 10 through 24.
                                                                    ____


                           Amendment No. 1908

       Beginning on page 105, strike line 1 and all that follows 
     through page 106, line 3.
                                                                    ____


                           Amendment No. 1909

       On page 106, strike line 3 and insert the following:
     (a).''.
       (e) Use of Funds.--Notwithstanding the Appalachian Regional 
     Development Act of 1965 (40 U.S.C. App.) or any other 
     provision of law, funds made available to construct the 
     Appalachian development highway system under the amendment 
     made by subsection (d), under section 1128(b), or under any 
     other provision of law shall be apportioned in accordance 
     with section 104(b)(1)(C) of title 23, United States Code, 
     and shall be available for any project on the National 
     Highway System that is eligible for funding under that title.

                           Amendment No. 1910

       At the end of title entitled ``Revenue'', add the 
     following:

     SEC. ____. CORE PROGRAM STATES.

       (a) Definitions.--In this section:
       (1) Core highway programs.--The term ``core highway 
     programs'' means the following programs:
       (A) The Interstate maintenance program under section 119 of 
     title 23, United States Code, as in effect on the day before 
     the date of enactment of this Act.
       (B) Highway bridge replacement and rehabilitation 
     (excluding off-System bridges) under section 144 of that 
     title, as in effect on the day before the date of enactment 
     of this Act.
       (C)(i) Indian reservation roads under section 204 of that 
     title.
       (ii) Public lands highways under section 204 of that title.
       (iii) Parkways and park roads under section 204 of that 
     title.
       (D) Highway safety programs under section 402 of that 
     title.
       (E) Highway safety research and development under section 
     403 of that title.
       (F) Motor carrier safety grants under section 31104 of 
     title 49, United States Code.
       (G) Metropolitan planning under section 104(f) of title 23, 
     United States Code.
       (H) National defense highways under section 311 of that 
     title.
       (I) Emergency relief under section 125 of that title.
       (2) Core program state.--The term ``core program State'' 
     means a State which makes an election under this section.
       (3) Election period.--The term ``election period'' means 
     the period beginning with the fiscal year determined under 
     subsection (c)(1) and ending not later than with fiscal year 
     2003.
       (4) Highway account.--The term ``Highway Account'' means 
     the portion of the Highway Trust Fund established under 
     section 9503 of the Internal Revenue Code of 1986 which is 
     not the Mass Transit Account.
       (5) Mass transit account.--The term ``Mass Transit 
     Account'' means the Mass Transit Account established under 
     section 9503(e) of the Internal Revenue Code of 1986.
       (6) Surface transportation.--The term ``surface 
     transportation'' includes mass transit and rail.
       (b) Election To Become a Core Program State.--Each State 
     which makes an election described in subsection (c) shall be 
     eligible with respect to each fiscal year during the State's 
     election period for--
       (1) a core highway programs payment; and
       (2) a non-core highway programs block grant,

     in lieu of any other payment from the Highway Account 
     authorized under any provision of, or amendment made by, this 
     Act.
       (c) Requirements for Election.--An election is described in 
     this subsection if--
       (1) such election is made by a State at least 180 days 
     before the first fiscal year with respect to which the 
     election applies;
       (2) such election is made by a State that certifies that 
     such State has a metropolitan planning organization 
     established under section 134 of title 23, United States 
     Code, and that such organization will maintain a system for 
     processing funds received by the State under this section 
     throughout the election period; and
       (3) such election is submitted to the Secretary in such 
     form and manner as the Secretary prescribes.
       (d) Determination and Use of Core Highway Programs 
     Payment.--
       (1) Determination of amount of payment.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall determine for each fiscal year the payment necessary to 
     meet the commitments of core highway programs for each core 
     program State.
       (B) Limitations.--
       (i) General rule.--Any payment under subparagraph (A) for 
     any fiscal year for any particular core highway program for a 
     core program State shall be subject to--

       (I) except with respect to core highway programs described 
     in subparagraphs (G), (H), and (I) of subsection (a)(1), the 
     funding level for such program for such year under clause 
     (ii) in lieu of the funding level for such program for such 
     year under this Act and the amendments made by this Act, and
       (II) the annual obligation limitation for such program for 
     such year imposed under any provision of law.

       (ii) Special funding levels.--For purposes of clause (i), 
     the funding levels for core highway programs are as follows:
       (A) For the Interstate maintenance program, $5,000,000,000 
     for fiscal year 1998, $5,100,000,000 for fiscal year 1999, 
     $5,300,000,000 for fiscal year 2000, $5,400,000,000 for 
     fiscal year 2001, $5,600,000,000 for fiscal year 2002, and 
     $5,800,000,000 for fiscal year 2003.
       (B) For highway bridge replacement and rehabilitation, 
     $1,183,000,000 for fiscal year

[[Page S1636]]

     1998, $1,217,000,000 for fiscal year 1999, $1,251,000,000 for 
     fiscal year 2000, $1,286,000,000 for fiscal year 2001, 
     $1,321,000,000 for fiscal year 2002, and $1,358,000,000 for 
     fiscal year 2003.
       (C)(i) For Indian reservation roads, $197,000,000 for 
     fiscal year 1998, $202,000,000 for fiscal year 1999, 
     $208,000,000 for fiscal year 2000, $214,000,000 for fiscal 
     year 2001, $220,000,000 for fiscal year 2002, and 
     $225,000,000 for fiscal year 2003.
       (ii) For public lands highways, $177,000,000 for fiscal 
     year 1998, $182,000,000 for fiscal year 1999, $187,000,000 
     for fiscal year 2000, $192,000,000 for fiscal year 2001, 
     $197,000,000 for fiscal year 2002, and $202,000,000 for 
     fiscal year 2002.
       (iii) For parkways and park roads, $86,000,000 for fiscal 
     year 1998, $89,000,000 for fiscal year 1999, $91,000,000 for 
     fiscal year 2000, $94,000,000 for fiscal year 2001, 
     $97,000,000 for fiscal year 2002, and $101,000,000 for fiscal 
     year 2003.
       (D) For highway safety programs, $171,000,000 for each of 
     fiscal years 1998 through 2003.
       (E) For highway safety research and development, 
     $44,000,000 for each of fiscal years 1998 through 2003.
       (F) For motor carrier safety grants, not more than 
     $90,000,000 for each of fiscal years 1998 through 2003.
       (2) Use of payment.--
       (A) In general.--The core highway programs payment for any 
     core program State shall be available, as provided by 
     appropriation Acts, to the State for any core highway program 
     purpose in such State.
       (B) Transferability of funds.--To the extent that a core 
     program State determines that funds made available under this 
     subsection to the State for a purpose are in excess of the 
     needs of the State for that purpose, the State may transfer 
     the excess funds to, and use the excess funds for, any 
     surface transportation purpose in the State.
       (f) Determination and Use of Non-Core Highway Programs 
     Block Grant.--
       (1) Determination of amount of block grant.--Subject to 
     subsection (g), the amount of the non-core highway programs 
     block grant for any core program State for any fiscal year is 
     equal to the excess of--
       (A) the amount of taxes transferred to the Highway Account 
     for such fiscal year which is attributable to highway users 
     in that State as determined by the Secretary of the Treasury 
     (taking into account proper reductions for uses of such taxes 
     for purposes other than the Federal-aid highway program); 
     over
       (B) the core highway programs payment to such State for 
     such fiscal year, as determined under subsection (d).
       (2) Use of block grant.--The non-core highway programs 
     block grant for any core program State shall be available, as 
     provided by appropriation Acts, to the State for any surface 
     transportation purpose in such State. Any project carrying 
     out such a purpose shall be exempt from any Federal 
     regulation other than with respect to health and safety 
     standards and practices.
       (g) Election To Reduce Federal Fuel Tax Rate With 
     Corresponding Reduction in Block Grant.--
       (1) In general.--With respect to fiscal years beginning 
     after the satisfaction year and ending with the termination 
     of the election period, a core program State may notify the 
     Secretary (in the same manner as the election described in 
     subsection (c)) of an election to have imposed on highway 
     users in the State the State's core highway programs 
     financing rate with respect to the taxes transferred to the 
     Highway Account which are attributable to such highway users 
     in lieu of the tax rates otherwise established in the 
     Internal Revenue Code of 1986 for such fiscal years.
       (2) Determination of core highway programs financing 
     rate.--
       (A) In general.--Upon notification by the Secretary of an 
     election by a core program State under paragraph (1), the 
     Secretary of the Treasury shall determine for each subsequent 
     fiscal year such State's core highway programs financing 
     rate, taking into account--
       (A) the amount of taxes necessary to fund that State's core 
     highway programs payment for such fiscal year;
       (B) the uses of the taxes described in paragraph (1) for 
     purposes other than the Federal-aid highway program for such 
     fiscal year;
       (C) any adjustments necessary as a result of a 
     determination under this paragraph for a preceding fiscal 
     year; and
       (D) the rates with respect to such taxes otherwise imposed 
     under the Internal Revenue Code of 1986 for such fiscal year.
       (B) Report.--Not later than August 1, the Secretary of the 
     Treasury shall submit to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate, a report that describes the determination 
     required under subparagraph (A).
       (C) Congressional approval required.--The Secretary of the 
     Treasury shall not implement the determination required to be 
     included in the report submitted under subparagraph (B) 
     unless a joint resolution is enacted, in accordance with 
     subparagraph (D), approving such determination before the 
     following October 1.
       (D) Congressional consideration.--
       (i) Terms of the resolution.--For purposes of subparagraph 
     (C), the term ``joint resolution'' means only a joint 
     resolution that is introduced before October 1 and--

       (I) that does not have a preamble;
       (II) the matter after the resolving clause of which is as 
     follows: ``That Congress approves the determination of the 
     Secretary of the Treasury regarding the imposition of the 
     core highway programs rate for the State of ____ submitted on 
     ____'', the blank spaces being filled in with the appropriate 
     State and date, respectively; and
       (III) the title of which is as follows: ``Joint resolution 
     approving the determination of the Secretary of the Treasury 
     regarding the imposition of a core highway programs rate.''.

       (ii) Referral.--A resolution described in clause (i) that 
     is introduced--

       (I) in the House of Representatives, shall be referred to 
     the Committee on Ways and Means; and
       (II) in the Senate, shall be referred to the Committee on 
     Finance.

       (iii) Discharge.--If a committee to which a resolution 
     described in clause (i) is referred has not reported such 
     resolution by the end of the 30-day period beginning on the 
     date on which the Secretary of the Treasury submits the 
     report required under subparagraph (B), such committee shall 
     be, at the end of such period, discharged from further 
     consideration of such resolution, and such resolution shall 
     be placed on the appropriate calendar of the House involved.
       (iv) Consideration.--Within 30 days after the date on which 
     the committee to which a resolution described in clause (i) 
     has reported, or has been discharged from further 
     consideration of such resolution, such resolution shall be 
     considered in the same manner as a resolution is considered 
     under subsections (d), (e), and (f) of section 2908 of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note).
       (3) Satisfaction year.--For purposes of paragraph (1), the 
     term ``satisfaction year'' means the fiscal year during which 
     all Federal non-core highway program obligations of a core 
     program State payable from the Highway Account existing on 
     the date of the election by such State described in 
     subsection (b) are paid.
       (h) Election To Become a Non-Mass Transit Account State.--
       (1) In general.--A core program State or any other State 
     may notify the Secretary (in the same manner as the election 
     described in subsection (c)) of an election to receive with 
     respect to each fiscal year during the State's election 
     period a non-Mass Transit Account block grant, in lieu of any 
     other payment from the Mass Transit Account authorized under 
     any provision of, or amendment made by, this Act. An election 
     under this subsection shall not affect a State's continued 
     eligibility for revenues provided through the general fund of 
     the Treasury for transit programs.
       (2) Determination and use of non-mass transit account block 
     grant.--
       (A) Determination of amount of block grant.--Subject to 
     paragraph (3), the amount of the non-Mass Transit Account 
     block grant for any State for any fiscal year is equal to the 
     amount of taxes transferred to the Mass Transit Account for 
     such fiscal year which is attributable to highway users in 
     that State as determined by the Secretary of the Treasury.
       (B) Use of block grant.--The non-Mass Transit Account block 
     grant for any State shall be available, as provided by 
     appropriation Acts, to the State for any surface 
     transportation purpose in such State. Any project carrying 
     out such a purpose shall be exempt from any Federal 
     regulation other than with respect to health and safety 
     standards and practices.
       (3) Election to eliminate mass transit fuel tax rate with 
     corresponding elimination of block grant.--
       (A) In general.--With respect to fiscal years beginning 
     after the satisfaction year and ending with the termination 
     of the election period, a State which has made an election 
     under paragraph (1) may notify the Secretary (in the same 
     manner as such an election) of an election to eliminate the 
     financing rate with respect to the taxes transferred to the 
     Mass Transit Account which are attributable to the highway 
     users of the State in lieu of the non-Mass Transit Account 
     block grant for such fiscal years.
       (B) Elimination of mass transit fuel tax rate.--
       (i) In general.--Upon notification by the Secretary of an 
     election by a State under subparagraph (A), the Secretary of 
     the Treasury shall, not later than August 1, submit to the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Finance of the Senate, a report that 
     notifies the committees of such an election.
       (ii) Congressional approval required.--The Secretary of the 
     Treasury shall not implement the election included in the 
     report submitted under clause subparagraph (A) unless a joint 
     resolution is enacted, in accordance with subparagraph (C), 
     approving such election before the following October 1.
       (C) Congressional consideration.--
       (i) Terms of the resolution.--For purposes of subparagraph 
     (B), the term ``joint resolution'' means only a joint 
     resolution that is introduced before October 1 and--

       (I) that does not have a preamble;
       (II) the matter after the resolving clause of which is as 
     follows: ``That Congress approves the elimination of the mass 
     transit fuel tax rate for the State of ____ submitted on 
     ____'', the blank spaces being filled in with the appropriate 
     State and date, respectively; and

[[Page S1637]]

       (III) the title of which is as follows: ``Joint resolution 
     approving the elimination of the mass transit fuel tax 
     rate.''.

       (ii) Consideration.--A resolution described in clause (i) 
     shall be considered in the same manner as a resolution is 
     considered under clauses (ii), (iii), and (iv) of subsection 
     (g)(2)(D).
       (3) Satisfaction year.--For purposes of paragraph (1), the 
     term ``satisfaction year'' means the fiscal year during which 
     all Federal transit program obligations of a State payable 
     from the Mass Transit Account existing on the date of the 
     election by such State described in paragraph (1) are paid.
       (i) Enforcement.--If the Secretary determines that a core 
     program State (or any other State under subsection (h)(2)(B)) 
     has used funds under this section for a purpose that is not a 
     surface transportation purpose, the amount of the improperly 
     used funds shall be deducted from any amount the State would 
     otherwise receive from the Highway Account for the fiscal 
     year that begins after the date of the determination.
       (j) Reports.--
       (1) Annual state assessment.--A core program State shall--
       (A) assess the operation of the State surface 
     transportation program funded under this section in each 
     fiscal year, including the status of the core highway 
     programs in the State; and
       (B) report to the Secretary, by January 1 following the end 
     of the fiscal year, on the result of the assessment.
       (2) Report of the secretary.--The Secretary shall submit to 
     the appropriate committees of Congress an annual report and 
     evaluation of the State surface transportation programs 
     funded under this section based on the State assessments and 
     reports submitted under paragraph (1). Such report shall 
     include any conclusions and recommendations that the 
     Secretary considers appropriate.
       (k) Interstate Surface Transportation Compacts.--
       (1) Definitions.--In this subsection:
       (A) Infrastructure bank.--The term ``infrastructure bank'' 
     means a surface transportation infrastructure bank 
     established under an interstate compact under paragraph 
     (2)(E) and described in paragraph (4).
       (B) Participating states.--The term ``participating 
     States'' means the States that are parties to an interstate 
     compact entered into under paragraph (2).
       (C) Surface transportation project.--The term ``surface 
     transportation project'' means a surface transportation 
     project, program, or activity described in paragraph (2).
       (2) Consent of congress.--In order to increase public 
     investment, attract needed private investment, and promote an 
     intermodal transportation network, Congress grants consent to 
     States to enter into interstate compacts to--
       (A) promote the continuity, quality, and safety of the 
     Interstate System (as defined in section 101 of title 23, 
     United States Code);
       (B) develop programs to promote and fund surface 
     transportation safety initiatives and establish surface 
     transportation safety standards for the participating States;
       (C) conduct long-term planning for surface transportation 
     infrastructure in the participating States;
       (D) develop design and construction standards for 
     infrastructure described in subparagraph (C) to be used by 
     the participating States; and
       (E) establish surface transportation infrastructure banks 
     to promote regional or other multistate investment in 
     infrastructure described in subparagraph (C).
       (3) Financing.--An interstate compact established by 
     participating States under paragraph (2) to carry out a 
     surface transportation project may provide that, in order to 
     carry out the compact, the participating States may--
       (A) accept contributions from a unit of State or local 
     government or a person;
       (B) use any Federal or State funds made available for that 
     type of surface transportation project;
       (C) on such terms and conditions as the participating 
     States consider advisable--
       (i) borrow money on a short-term basis and issue notes for 
     the borrowing; and
       (ii) issue bonds; and
       (D) obtain financing by other means permitted under Federal 
     or State law, including surface transportation infrastructure 
     banks under paragraph (4).
       (4) Infrastructure banks.--
       (A) In general.--An infrastructure bank may--
       (i) make loans;
       (ii) under the joint or separate authority of the 
     participating States with respect to the infrastructure bank, 
     issue such debt as the infrastructure bank and the 
     participating States determine appropriate; and
       (iii) provide other assistance to public or private 
     entities constructing, or proposing to construct or initiate, 
     surface transportation projects.
       (B) Forms of assistance.--
       (i) In general.--An infrastructure bank may make a loan or 
     provide other assistance described in clause (iii) to a 
     public or private entity in an amount equal to all or part of 
     the construction cost, capital cost, or initiation cost of a 
     surface transportation project.
       (ii) Subordination of assistance.--The amount of any loan 
     or other assistance described in clause (iii) that is 
     received for a surface transportation project under this 
     subsection may be subordinated to any other debt financing 
     for the surface transportation project.
       (iii) Other assistance.--Other assistance referred to in 
     clauses (i) and (ii) includes any use of funds for the 
     purpose of--

       (I) credit enhancement;
       (II) a capital reserve for bond or debt instrument 
     financing;
       (III) bond or debt instrument financing issuance costs;
       (IV) bond or debt issuance financing insurance;
       (V) subsidization of interest rates;
       (VI) letters of credit;
       (VII) any credit instrument;
       (VIII) bond or debt financing instrument security; and
       (IX) any other form of debt financing that relates to the 
     qualifying surface transportation project.

       (C) No obligation of united states.--
       (i) In general.--The establishment under this subsection of 
     an infrastructure bank does not constitute a commitment, 
     guarantee, or obligation on the part of the United States to 
     any third party with respect to any security or debt 
     financing instrument issued by the bank. No third party shall 
     have any right against the United States for payment solely 
     by reason of the establishment.
       (ii) Statement on instrument.--Any security or debt 
     financing instrument issued by an infrastructure bank shall 
     expressly state that the security or instrument does not 
     constitute a commitment, guarantee, or obligation of the 
     United States.
       (5) Effective date.--This subsection takes effect on 
     October 1, 1997.
       (l) Federal-Aid Facility Privatization.--
       (1) Definitions.--In this subsection:
       (A) Executive agency.--The term ``Executive agency'' has 
     the meaning provided in section 105 of title 5, United States 
     Code.
       (B) Privatization.--The term ``privatization'' means the 
     disposition or transfer of a transportation infrastructure 
     asset, whether by sale, lease, or similar arrangement, from a 
     State or local government to a private party.
       (C) State or local government.--The term ``State or local 
     government'' means the government of--
       (i) any State;
       (ii) the District of Columbia;
       (iii) any commonwealth, territory, or possession of the 
     United States;
       (iv) any county, municipality, city, town, township, local 
     public authority, school district, special district, 
     intrastate district, regional or interstate government 
     entity, council of governments, or agency or instrumentality 
     of a local government; or
       (v) any federally recognized Indian tribe.
       (D) Transportation infrastructure asset.--
       (i) In general.--The term ``transportation infrastructure 
     asset'' means any surface-transportation-related asset 
     financed in whole or in part by the Federal Government, 
     including a road, tunnel, bridge, or mass-transit-related or 
     rail-related asset.
       (ii) Exclusion.--The term does not include any 
     transportation-related asset on the Interstate System (as 
     defined in section 101 of title 23, United States Code).
       (2) Privatization initiatives by state and local 
     governments.--The head of each Executive agency shall--
       (A) assist State and local governments in efforts to 
     privatize the transportation infrastructure assets of the 
     State and local governments; and
       (B) subject to paragraph (3), approve requests from State 
     and local governments to privatize transportation 
     infrastructure assets and waive or modify any condition 
     relating to the original Federal program that funded the 
     asset.
       (3) Criteria.--The head of an Executive agency shall 
     approve a request described in paragraph (2)(B) if--
       (A) the State or local government demonstrates that a 
     market mechanism, legally enforceable agreement, or 
     regulatory mechanism will ensure that the transportation 
     infrastructure asset will continue to be used for the general 
     objectives of the original Federal program that funded the 
     asset (which shall not be considered to include every 
     condition required for the recipient of Federal funds to have 
     obtained the original Federal funds), so long as needed for 
     those objectives; and
       (B) the private party purchasing or leasing the 
     transportation infrastructure asset agrees to comply with all 
     applicable conditions of the original Federal program.
       (4) Lack of obligation to repay federal funds.--A State or 
     local government shall have no obligation to repay to any 
     agency of the Federal Government any Federal funds received 
     by the State or local government in connection with a 
     transportation infrastructure asset that is privatized under 
     this subsection.
       (5) Use of proceeds.--
       (A) In general.--Subject to subparagraph (B), a State or 
     local government may use proceeds from the privatization of a 
     transportation infrastructure asset to the extent permitted 
     under applicable conditions of the original Federal program.
       (B) Recovery of certain costs.--Notwithstanding any other 
     provision of law, the State or local government shall be 
     permitted to recover from the privatization of a 
     transportation infrastructure asset--
       (i) the capital investment in the transportation 
     infrastructure asset made by the State or local government;

[[Page S1638]]

       (ii) an amount equal to the unreimbursed operating expenses 
     in the transportation infrastructure asset paid by the State 
     or local government; and
       (iii) a reasonable rate of return on the investment made 
     under clause (i) and expenses paid under clause (ii).
       (m) Effective Date Contingent Upon Certification of Deficit 
     Neutrality.--
       (1) Purpose.--The purpose of this subsection is to ensure 
     that--
       (A) this section will become effective only if the Director 
     of the Office of Management and Budget (referred to in this 
     subsection as the ``Director'') certifies that this section 
     is deficit neutral;
       (B) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this section; and
       (C) the tax reduction made by this section is not scored 
     under pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (2) Effective date contingency.--Notwithstanding any other 
     provision of this Act, this section shall take effect only 
     if--
       (A) the Director submits the report as required in 
     paragraph (3); and
       (B) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2003.
       (3) OMB estimates and report.--
       (A) Requirements.--Not later than 5 calendar days after the 
     date of notification by the Secretary of any election 
     described in subsection (c), the Director shall--
       (i) estimate the net change in revenues resulting from this 
     section for each fiscal year through fiscal year 2003;
       (ii) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     section for each fiscal year through fiscal year 2003;
       (iii) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2003; and
       (iv) submit to the Congress a report setting forth the 
     estimates and determination.
       (B) Applicable assumptions and guidelines.--
       (i) Revenue estimates.--The revenue estimates required 
     under subparagraph (A)(i) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (ii) Outlay estimates.--The outlay estimates required under 
     subparagraph (A)(ii) shall be determined by comparing the 
     level of discretionary outlays resulting from this Act with 
     the corresponding level of discretionary outlays projected in 
     the baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (4) Conforming adjustment to discretionary spending 
     limits.--Upon compliance with the requirements specified in 
     paragraph (2), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2003 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under paragraph (1)(B).
       (5) Paygo interaction.--Upon compliance with the 
     requirements specified in paragraph (2), no changes in 
     revenues estimated to result from the enactment of this 
     section shall be counted for the purposes of section 252(d) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 902(d)).
                                 ______
                                 

                 ABRAHAM (AND DODD) AMENDMENT NO. 1911

  (ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Dodd) submitted an amendment to be 
proposed by them to amendment No. 1676 proposed by Mr. Chafee to the 
bill, S. 1173, supra; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. CHILD SAFETY RESTRAINT RESEARCH.

       (a) Definitions.--In this section:
       (1) Child restraint education program.--The term ``child 
     restraint education program'' includes a publication, 
     audiovisual presentation, demonstration, or computerized 
     child restraint education program.
       (2) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the United States Virgin Islands, Guam, American 
     Samoa, the Northern Mariana Islands, and any other territory 
     or possession of the United States.
       (b) Findings.--Congress finds the following:
       (1) The annual losses in the United States from motor 
     vehicle collisions are estimated to exceed 800 deaths and 
     80,000 injuries to children under the age of 5.
       (2) It is estimated that properly used child restraints in 
     motor vehicles can reduce the chance of serious or fatal 
     injury in a motor vehicle collision--
       (A) by a factor of 69 percent with respect to infants; and
       (B) by a factor of 47 percent with respect to children 
     under the age of 5.
       (3) Some of the most common seating position designs that 
     have emerged in motor vehicles during the last decade make 
     secure installation of child restraints difficult and, in 
     some circumstances, impossible.
       (4) Results from regional child restraint clinics 
     demonstrated that 70 to 90 percent of child restraints are 
     improperly installed or otherwise misused and the improper 
     installation or other misuse is largely attributable to the 
     complication and wide variations in seat belt and child 
     restraint designs.
       (5) There is an immediate need to expand the availability 
     of national, State, and local child restraint education 
     programs and supporting resources and materials to assist 
     agencies and associated organizations in carrying out 
     effective public education concerning child restraints.
       (c) Child Passenger Education.--
       (1) Awards.--The Secretary may enter into contracts or 
     cooperative agreements with, and may make grants to, State 
     highway agencies and child passenger safety organizations 
     that are recognized for their experience to obtain and 
     distribute national, State, and local child restraint 
     education programs and supporting educational materials.
       (2) Use of funds.--Funds provided to an agency or 
     organization under a contract, cooperative agreement, or 
     grant under subsection (a) shall be used to implement child 
     restraint programs that--
       (A) are designed to prevent deaths and injuries to children 
     under the age of 5; and
       (B) educate the public concerning--
       (i) all aspects of the proper installation of child 
     restraints using standard seatbelt hardware, supplemental 
     hardware and modification devices (if needed), including 
     special installation techniques; and
       (ii) appropriate child restraint design selection and 
     placement and in harness threading and harness adjustment; 
     and
       (C) train and retrain child passenger safety professionals, 
     police officers, fire and emergency medical personnel, and 
     other educators concerning all aspects of child restraint 
     use.
       (3) Distribution of funds.--An agency or organization that 
     receives funds made available to the agency or organization 
     under a contract, cooperative agreement, or grant under 
     paragraph (1) shall, in carrying out paragraph (2)--
       (A) use not more than 25 percent of those funds to support 
     nationwide child restraint education programs that are in 
     operation at the time that the funds are made available;
       (B) use not more than 25 percent of those funds to support 
     State child restraint education programs that are in 
     operation at the time that the funds are made available; and
       (C) use at least 50 percent of those funds to implement 
     national, State, and local child restraint education programs 
     that are not in operation at the time that the funds are made 
     available.
       (d) Applications and Reports.--
       (1) Applications.--To enter into a contract, cooperative 
     agreement, or grant agreement under subsection (c)(1), the 
     appropriate official of an agency or organization described 
     in that section shall submit an application to the Secretary 
     at such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       (2) Reports.--
       (A) In general.--The appropriate official of each agency or 
     organization that enters into a contract, cooperative 
     agreement, or grant agreement under subsection (c)(1) shall 
     prepare, and submit to the Secretary, an annual report for 
     the period covered by the contract, cooperative agreement, or 
     grant agreement.
       (B) Requirements for reports.--A report described in 
     subparagraph (A) shall--
       (i) contain such information as the Secretary may require; 
     and
       (ii) at a minimum, describe the program activities 
     undertaken with the funds made available under the contract, 
     cooperative agreement, or grant agreement, including--

       (I) any child restraint education program that has been 
     developed directly or indirectly by the agency or 
     organization and the target population of that program;
       (II) support materials for such a program that have been 
     obtained by that agency or organization and the method by 
     which that agency or organization distributed those 
     materials; and
       (III) any initiatives undertaken by the agency or 
     organization to develop public-private partnerships to secure 
     non-Federal support for the development and distribution of 
     child restraint education programs and materials.

       (e) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter, the 
     Secretary shall prepare, and submit to Congress, a report on 
     the implementation of this section that includes a 
     description of the programs undertaken and materials 
     developed and distributed by the agencies and organizations 
     that receive funds under subsection (c)(1).
       (f) Authorization of Appropriations.--For the purpose of 
     carrying out subsection (c), there are authorized to be 
     appropriated to the Department of Transportation $7,500,000 
     for each of fiscal years 1999 and 2000, of which not more 
     than $350,000 may be spent in any fiscal year for 
     administrative costs.
                                 ______
                                 

                HUTCHISON (AND BOXER) AMENDMENT NO. 1912

  (ordered to lie on the table.)

[[Page S1639]]

  Mrs. HUTCHISON (for herself and Mrs. Boxer) submitted an amendment to 
be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the 
bill, S. 1173, supra; as follows:

     On page 101, strike line 21 and insert the following:
       (5) Allocation of funds.--For each fiscal year, of the 
     funds available to carry out this subsection after any 
     transfer under paragraph (4)--
       (A) 50 percent shall be allocated to border States, of 
     which--
       (i) 45 percent shall be allocated among border States 
     located along the border with Canada in accordance with the 
     ratio that--

       (I) the annual quantity of commercial vehicle and 
     automobile traffic crossing the border with Canada into each 
     such border State; bears to
       (II) the annual quantity of commercial vehicle and 
     automobile traffic crossing the border with Canada into all 
     such border States;

       (ii) 45 percent shall be allocated among border States 
     located along the border with Mexico in accordance with the 
     ratio that--

       (I) the annual quantity of commercial vehicle and 
     automobile traffic crossing the border with Mexico into each 
     such border State; bears to
       (II) the annual quantity of commercial vehicle and 
     automobile traffic crossing the border with Mexico into all 
     such border States; and

       (iii) 10 percent shall be used to provide discretionary 
     grants to border States with a share of the annual quantity 
     of commercial vehicle and automobile traffic crossing the 
     border with Canada or Mexico into all border States that is 5 
     percent or less; and
       (B) 50 percent shall be allocated for planning and 
     development of trade corridors.
       (6) Use of united states customs service data.--In making 
     allocations under paragraph (5)(A), the Secretary shall use 
     the data concerning quantity of traffic provided by the 
     United States Customs Service for the most recent 12-month 
     period for which the data are available.
       (7) Eligibility for reimbursement for previously 
     constructed projects.--The Secretary may make a grant under 
     this subsection to a border State as reimbursement for a 
     project that opened for service after January 1, 1994, if the 
     project is eligible for assistance under this subsection but 
     for the date on which the project opened for service.
       (8) Authorization of appropriations.--
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 1913

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted an amendment intended to be proposed by her 
to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

       On page 74, strike line 23 and insert the following: nance 
     of the system.
       ``(8) A state may, at its discretion, expend up to one-
     fourth of one percent of its annual Highway Trust Fund 
     apportionments on initiatives to halt the evasion of payment 
     of motor fuel taxes.''.
                                 ______
                                 

                  SNOWE (AND SMITH) AMENDMENT NO. 1914

  (Ordered to lie on the table.)
  Ms. SNOWE (for herself and Mr. Smith of New Hampshire) submitted an 
amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 236, between lines 16 and 17, insert the following:

     SEC. 14____. REPORT ON EFFECTS OF ALLOWING HEAVIER WEIGHT 
                   VEHICLES ON CERTAIN HIGHWAYS.

       (a) Definition of Heavier Weight Vehicle.--In this section, 
     the term ``heavier weight vehicle'' means a vehicle the 
     operation of which on the Interstate System is prohibited 
     under section 127 of title 23, United States Code.
       (b) Report.--Not later than December 31, 2000, the 
     Secretary shall submit to Congress a report on the effects of 
     allowing operation of heavier weight vehicles on Interstate 
     Route 95 in the States of Maine and New Hampshire.
       (c) Contents.--The report shall contain an analysis of the 
     safety, infrastructure, cost recovery, environmental, and 
     economic implications of that operation.
       (d) Consultation.--In preparing the report, the Secretary 
     shall consult with the safety and modal administrations of 
     the Department of Transportation, and the States of Maine and 
     New Hampshire.
       (e) Moratorium on Withholding of Funds.--Notwithstanding 
     section 127 of title 23, United States Code, during the 
     period beginning on the date of enactment of this Act and 
     ending on the earlier of the end of fiscal year 2002 or the 
     date that is 1 year after the date of submission of the 
     report under subsection (b), the Secretary shall not 
     withhold, under that section, funds from apportionment to the 
     States of Maine and New Hampshire.
                                 ______
                                 

                        SMITH AMENDMENT NO. 1915

  (Ordered to lie on the table.)
  Mr. SMITH of New Hampshire submitted an amendment intended to be 
proposed by him to amendment No. 1676 proposed by Mr. Chafee to the 
bill, S. 1173, supra; as follows:

       On page 337, after the item relating to section 512, insert 
     the following:

``513. Recycled materials resource center.
       On page 381, strike line 7 and insert the following:

     SEC. 2018. RECYCLED MATERIALS RESOURCE CENTER.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2017), is amended by adding at the end 
     the following:

     ``Sec. 513. Recycled materials resource center

       ``(a) Establishment.--The Secretary shall establish at the 
     University of New Hampshire a research program to be known as 
     the `Recycled Materials Resource Center' (referred to in this 
     section as the `Center').
       ``(b) Activities.--
       ``(1) In general.--The Center shall--
       ``(A) systematically test, evaluate, develop appropriate 
     guidelines for, and demonstrate environmentally acceptable 
     and occupationally safe technologies and techniques for the 
     increased use of traditional and nontraditional recycled and 
     secondary materials in transportation infrastructure 
     construction and maintenance;
       ``(B) make information available to State transportation 
     departments, the Federal Highway Administration, the 
     construction industry, and other interested parties to assist 
     in evaluating proposals to use traditional and nontraditional 
     recycled and secondary materials in transportation 
     infrastructure construction;
       ``(C) encourage the increased use of traditional and 
     nontraditional recycled and secondary materials by using 
     sound science to analyze thoroughly all potential long-term 
     considerations that affect the physical and environmental 
     performance of the materials; and
       ``(D) work cooperatively with Federal and State officials 
     to reduce the institutional barriers that limit widespread 
     use of traditional and nontraditional recycled and secondary 
     materials and to ensure that such increased use is consistent 
     with the sustained environmental and physical integrity of 
     the infrastructure in which the materials are used.
       ``(2) Sites and projects under actual field conditions.--In 
     carrying out paragraph (1)(C), the Secretary may authorize 
     the Center to--
       ``(A) use test sites and demonstration projects under 
     actual field conditions to develop appropriate performance 
     data; and
       ``(B) develop appropriate tests and guidelines to ensure 
     correct use of recycled and secondary materials in 
     transportation infrastructure construction.
       ``(c) Review and Evaluation.--
       ``(1) In general.--Not less often than every 2 years, the 
     Secretary shall review and evaluate the program carried out 
     by the Center.
       ``(2) Notification of deficiencies.--In carrying out 
     paragraph (1), if the Secretary determines that the Center is 
     deficient in carrying out subsection (b), the Secretary shall 
     notify the Center of each deficiency and recommend specific 
     measures to address the deficiency.
       ``(3) Disqualification.--If, after the end of the 180-day 
     period that begins on the date of notification to the Center 
     under paragraph (2), the Secretary determines that the Center 
     has not corrected each deficiency identified under paragraph 
     (2), the Secretary may, after notifying the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives of the determination, disqualify the Center 
     from further participation under this section.
       ``(d) Funding.--Of amounts made available under section 
     541, $2,000,000 shall be made available for each fiscal year 
     to carry out this section.

     SEC. 2019. CONFORMING AMENDMENTS.

       On page 415, strike ``and 511'' and insert ``511, and 
     513''.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 1916

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       Insert at the appropriate place:

     SEC. 11 __. 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 of 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.
                                 ______
                                 

                    BOXER AMENDMENTS NOS. 1917-1919

  (Ordered to lie on the table.)

[[Page S1640]]

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

                           Amendment No. 1917

       On page ____, line ____, insert ``and provides nonfixed 
     route paratransit transportation services in accordance with 
     section 223 of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12143)'' after ``for mass transportation''.
                                                                    ____


                           Amendment No. 1918

       On page ____, line ____ After the word ``Michigan,'' insert 
     ``and the western end of the San Francisco-Oakland Bay 
     Bridge, California, and the ramps connecting the San-
     Francisco-Oakland Bay Bridge to Treasure Island, 
     California,''
                                                                    ____


                           Amendment No. 1919

      SEC. ____ HOLD HARMLESS.

       Notwithstanding any other provision of law, no state, 
     except for the State of Massachusetts and any state that 
     receives a minimum guarantee or transition fund under this 
     Act, shall receive a share of apportioned funds that is less 
     than the average of apportioned funds received under P.L. 
     102-240.
       To the extent annually necessary, discretionary funds under 
     Interstate Maintenance/National Highway System, the Surface 
     Transportation Program and the Secretary's Reserve shall be 
     reduced to provide funds necessary to meet the requirements 
     of this provision.
                                 ______
                                 

                        ROBB AMENDMENT NO. 1920

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

       On page 15, line 8, insert the following:
       (7) STATE AND DISTRICT OF COLUMBIA APPROVAL OF ACTION BY 
     THE TRANSPORTATION.--
       Any exercise of the powers granted under Section--006(b)(6) 
     of this title must be approved by the state departments of 
     transportation in Virginia and Maryland, and the Department 
     of Public Works of the District of Columbia.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 1921

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by him to the bill, S. 1173, supra; as 
follows:

       Beginning on page 5, strike line 7 and all that follows 
     through page 38, line 17, and insert the following:

     SEC. 1101. AUTHORIZATIONS.

       For the purpose of carrying out title 23, United States 
     Code, the following sums shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account):
       (1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,396,548,000 for fiscal year 
     1998, $12,044,111,000 for fiscal year 1999, $12,019,269,000 
     for fiscal year 2000, $12,048,589,000 for fiscal year 2001, 
     $12,329,654,000 for fiscal year 2002, and $12,758,889,000 for 
     fiscal year 2003, of which--
       (A) $4,636,331,000 for fiscal year 1998, $4,645,686,000 for 
     fiscal year 1999, $4,674,832,000 for fiscal year 2000, 
     $4,712,561,000 for fiscal year 2001, $4,807,175,000 for 
     fiscal year 2002, and $4,956,807,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,411,057,000 for fiscal year 1998, $1,414,167,000 for 
     fiscal year 1999, $1,422,512,000 for fiscal year 2000, 
     $1,434,740,000 for fiscal year 2001, $1,463,404,000 for 
     fiscal year 2002, and $1,508,812,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,055,286,000 for fiscal year 1998, $7,069,830,000 for 
     fiscal year 1999, $7,113,569,000 for fiscal year 2000, 
     $7,171,685,000 for fiscal year 2001, $7,315,015,000 for 
     fiscal year 2002, and $7,543,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,159,082,000 for fiscal year 1998, $1,161,170,000 for 
     fiscal year 1999, $1,168,457,000 for fiscal year 2000, 
     $1,178,644,000 for fiscal year 2001, $1,815,000,000 for 
     fiscal year 2002, and $1,860,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums made available 
     for expenditure on the Interstate and National Highway System 
     program, the congestion mitigation and air quality 
     improvement program, and the surface transportation program, 
     for that fiscal year, among the States in the following 
     manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, and for the purposes specified in 
     subparagraph (A), in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

[[Page S1641]]

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) shall not be taken into account in 
     determining the apportionments and allocations that any State 
     shall be entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title.''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 150 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments

[[Page S1642]]

     is equal to the product determined under paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 150 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     150 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--Except as provided in paragraph (3), in 
     fiscal year 1998 and each fiscal year thereafter on October 
     1, or as soon as practicable thereafter, the Secretary shall 
     allocate among the States amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:
``State                                                      Percentage
    Alaska....................................................1.27 ....

    Arkansas..................................................1.36 ....

    Delaware..................................................0.50 ....

    Hawaii....................................................0.58 ....

    Idaho.....................................................0.85 ....

    Montana...................................................1.09 ....

    Nevada....................................................0.76 ....

    New Hampshire.............................................0.55 ....

    New Jersey................................................2.44 ....

    New Mexico................................................1.08 ....

    North Dakota..............................................0.76 ....

    Rhode Island..............................................0.61 ....

    South Dakota..............................................0.81 ....

    Vermont...................................................0.50 ....

    Virginia..................................................2.56 ....

    Wyoming...................................................0.79.....

       ``(3) Exclusion.--A State shall not be eligible to receive 
     an allocation under paragraph (1)(A) if, during the period 
     beginning on the effective date of the establishment of the 
     Highway Trust Fund under section 9503 of the Internal Revenue 
     Code of 1954 and ending on October 1 of the applicable fiscal 
     year--
       ``(A) the total of the apportionments and allocations to 
     the State from the Highway Trust Fund (other than the Mass 
     Transit Account); exceeds
       ``(B) the estimated tax payments attributable to highway 
     users in the State paid into the Highway Trust Fund (other 
     than the Mass Transit Account).
       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:
``105. Minimum guarantee.''.
       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(3)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(3)''; and

[[Page S1643]]

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(b)''.
                                 ______
                                 

                 CHAFEE (AND GRAHAM) AMENDMENT NO. 1922

  Mr. CHAFEE (for himself and Mr. Graham) proposed an amendment to 
amendment No. 1922 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       Beginning on page 197, strike line 11 and all that follows 
     through page 218 and insert the following:

     SEC. 1313. ESTABLISHMENT OF PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

     ``Sec. 181. Definitions

       ``In this subchapter:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means amounts substantially all of which are paid by, 
     or for the account of, an obligor in connection with a 
     project, including the cost of--
       ``(A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, preliminary engineering and design work, 
     and other preconstruction activities;
       ``(B) construction, reconstruction, rehabilitation, 
     replacement, and acquisition of real property (including land 
     related to the project and improvements to land), 
     environmental mitigation, construction contingencies, and 
     acquisition of equipment; and
       ``(C) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction.
       ``(2) Federal credit instrument.--The term `Federal credit 
     instrument' means a secured loan, loan guarantee, or line of 
     credit authorized to be made available under this subchapter 
     with respect to a project.
       ``(3) Lender.--The term `lender' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
       ``(A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       ``(B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       ``(4) Line of credit.--The term `line of credit' means an 
     agreement entered into by the Secretary with an obligor under 
     section 184 to provide a direct loan at a future date upon 
     the occurrence of certain events.
       ``(5) Loan guarantee.--The term `loan guarantee' means any 
     guarantee or other pledge by the Secretary to pay all or part 
     of the principal of and interest on a loan or other debt 
     obligation issued by an obligor and funded by a lender.
       ``(6) Local servicer.--The term `local servicer' means--
       ``(A) a State infrastructure bank established under this 
     title; or
       ``(B) a State or local government or any agency of a State 
     or local government that is responsible for servicing a 
     Federal credit instrument on behalf of the Secretary.
       ``(7) Obligor.--The term `obligor' means a party primarily 
     liable for payment of the principal of or interest on a 
     Federal credit instrument, which party may be a corporation, 
     partnership, joint venture, trust, or governmental entity, 
     agency, or instrumentality.
       ``(8) Project.--The term `project' means--
       ``(A) any surface transportation project eligible for 
     Federal assistance under this title or chapter 53 of title 
     49; and
         (B) a project for an international bridge or tunnel for 
     which an international entity authorized under State or 
     Federal law is responsible.
       ``(9) Project obligation.--The term `project obligation' 
     means any note, bond, debenture, or other debt obligation 
     issued by an obligor in connection with the financing of a 
     project, other than a Federal credit instrument.
       ``(10) Secured loan.--The term `secured loan' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 183.
       ``(11) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(12) Substantial completion.--The term `substantial 
     completion' means the opening of a project to vehicular or 
     passenger traffic.

     ``Sec. 182. Determination of eligibility and project 
       selection

       ``(a) Eligibility.--To be eligible to receive financial 
     assistance under this subchapter, a project shall meet the 
     following criteria:
       ``(1) Inclusion in transportation plans and programs.--The 
     project--
       ``(A) shall be included in the State transportation plan 
     required under section 135; and
       ``(B) at such time as an agreement to make available a 
     Federal credit instrument is entered into under this 
     subchapter, shall be included in the approved State 
     transportation improvement program required under section 
     134.
       ``(2) Application.--A State, a local servicer identified 
     under section 185(a), or the entity undertaking the project 
     shall submit a project application to the Secretary.
       ``(3) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this subchapter, a 
     project shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i) $100,000,000; or
       ``(ii) 50 percent of the amount of Federal highway 
     assistance funds apportioned for the most recently-completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $30,000,000.
       ``(4) Dedicated revenue sources.--Project financing shall 
     be repayable, in whole or in

[[Page S1644]]

     part, from tolls, user fees, or other dedicated revenue 
     sources.
       ``(5) Public sponsorship of private entities.--In the case 
     of a project that is undertaken by an entity that is not a 
     State or local government or an agency or instrumentality of 
     a State or local government, the project that the entity is 
     undertaking shall be publicly sponsored as provided in 
     paragraphs (1) and (2).
       ``(b) Selection Among Eligible Projects.--
       ``(1) Establishment.--The Secretary shall establish 
     criteria for selecting among projects that meet the 
     eligibility criteria specified in subsection (a).
       ``(2) Selection criteria.--The selection criteria shall 
     include the following:
       ``(A) The extent to which the project is nationally or 
     regionally significant, in terms of generating economic 
     benefits, supporting international commerce, or otherwise 
     enhancing the national transportation system.
       ``(B) The creditworthiness of the project, including a 
     determination by the Secretary that any financing for the 
     project has appropriate security features, such as a rate 
     covenant, to ensure repayment. The Secretary shall require 
     each project applicant to provide a preliminary rating 
     opinion letter from a nationally recognized bond rating 
     agency.
       ``(C) The extent to which assistance under this subchapter 
     would foster innovative public-private partnerships and 
     attract private debt or equity investment.
       ``(D) The likelihood that assistance under this subchapter 
     would enable the project to proceed at an earlier date than 
     the project would otherwise be able to proceed.
       ``(E) The extent to which the project uses new 
     technologies, including intelligent transportation systems, 
     that enhance the efficiency of the project.
       ``(F) The amount of budget authority required to fund the 
     Federal credit instrument made available under this 
     subchapter.
       ``(G) The extent to which the project helps maintain or 
     protect the environment.
       ``(H) The extent to which assistance under this chapter 
     would reduce the contribution of Federal Grant assistance to 
     the project.
       ``(c) Federal Requirements.--The following provisions of 
     law shall apply to funds made available under this subchapter 
     and projects assisted with the funds:
       ``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(2) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(3) The Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

     ``Sec. 183. Secured loans

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraph (2), the Secretary 
     may enter into agreements with 1 or more obligors to make 
     secured loans, the proceeds of which shall be used--
       ``(A) to finance eligible project costs; or
       ``(B) to refinance interim construction financing of 
     eligible project costs;
     of any project selected under section 182.
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B) later 
     than 1 year after the date of substantial completion of the 
     project.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A secured loan under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amount.--The amount of the secured loan shall 
     not exceed 33 percent of the reasonably anticipated eligible 
     project costs.
       ``(3) Payment.--The secured loan--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(4) Interest rate.--The interest rate on the secured loan 
     shall be not less than the yield on marketable United States 
     Treasury securities of a similar maturity to the maturity of 
     the secured loan on the date of execution of the loan 
     agreement.
       ``(5) Maturity date.--The final maturity date of the 
     secured loan shall be not later than 35 years after the date 
     of substantial completion of the project.
       ``(6) Nonsubordination.--The secured loan shall not be 
     subordinated to the claims of any holder of project 
     obligations in the event of bankruptcy, insolvency, or 
     liquidation of the obligor.
       ``(7) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of making a secured loan under this 
     section.
       ``(8) Non-federal share.--The proceeds of a secured loan 
     under this subchapter may be used for any non-Federal share 
     of project costs required under this title or chapter 53 of 
     title 49, if the loan is repayable from non-Federal funds.
       ``(c) Repayment.--
       ``(1) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the projected cash flow from project revenues and other 
     repayment sources.
       ``(2) Commencement.--Scheduled loan repayments of principal 
     or interest on a secured loan under this section shall 
     commence not later than 5 years after the date of substantial 
     completion of the project.
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.
       ``(4) Deferred payments.--
       ``(A) Authorization.--If, at any time during the 10 years 
     after the date of substantial completion of the project, the 
     project is unable to generate sufficient revenues to pay 
     scheduled principal and interest on the secured loan, the 
     Secretary may, pursuant to established criteria for the 
     project agreed to by the entity undertaking the project and 
     the Secretary, allow the obligor to add unpaid principal and 
     interest to the outstanding balance of the secured loan.
       ``(B) Interest.--Any payment deferred under subparagraph 
     (A) shall--
       ``(i) continue to accrue interest in accordance with 
     subsection (b)(4) until fully repaid; and
       ``(ii) be scheduled to be amortized over the remaining term 
     of the loan beginning not later than 10 years after the date 
     of substantial completion of the project in accordance with 
     paragraph (1).
       ``(5) Prepayment.--
       ``(A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and secured loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay the secured loan without 
     penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from the proceeds of 
     refinancing from non-Federal funding sources.
       ``(d) Sale of Secured Loans.--
       ``(1) In general.--Subject to paragraph (2), as soon as 
     practicable after substantial completion of a project and 
     after notifying the obligor, the Secretary may sell to 
     another entity or reoffer into the capital markets a secured 
     loan for the project if the Secretary determines that the 
     sale or reoffering can be made on favorable terms.
       ``(2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary may not change the 
     original terms and conditions of the secured loan without the 
     written consent of the obligor.
       ``(e) Loan Guarantees.--
       ``(1) In general.--The Secretary may provide a loan 
     guarantee to a lender in lieu of making a secured loan if the 
     Secretary determines that the budgetary cost of the loan 
     guarantee is substantially the same as that of a secured 
     loan.
       ``(2) Terms.--The terms of a guaranteed loan shall be 
     consistent with the terms set forth in this section for a 
     secured loan, except that the rate on the guaranteed loan and 
     any prepayment features shall be negotiated between the 
     obligor and the lender, with the consent of the Secretary.

     ``Sec. 184. Lines of credit

       ``(a) In General.--
       ``(1) Agreements.--The Secretary may enter into agreements 
     to make available lines of credit to 1 or more obligors in 
     the form of direct loans to be made by the Secretary at 
     future dates on the occurrence of certain events for any 
     project selected under section 182.
       ``(2) Use of proceeds.--The proceeds of a line of credit 
     made available under this section shall be available to pay 
     debt service on project obligations issued to finance 
     eligible project costs, extraordinary repair and replacement 
     costs, operation and maintenance expenses, and costs 
     associated with unexpected Federal or State environmental 
     restrictions.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A line of credit under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amounts.--
       ``(A) Total amount.--The total amount of the line of credit 
     shall not exceed 33 percent of the reasonably anticipated 
     eligible project costs.
       ``(B) One-year draws.--The amount drawn in any 1 year shall 
     not exceed 20 percent of the total amount of the line of 
     credit.
       ``(3) Draws.--Any draw on the line of credit shall 
     represent a direct loan and shall be made only if net 
     revenues from the project (including capitalized interest, 
     any debt service reserve fund, and any other available 
     reserve) are insufficient to pay the costs specified in 
     subsection (a)(2).
       ``(4) Interest rate.--The interest rate on a direct loan 
     resulting from a draw on the line of credit shall be not less 
     than the yield on 30-year marketable United States Treasury 
     securities as of the date on which the line of credit is 
     obligated.
       ``(5) Security.--The line of credit--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.

[[Page S1645]]

       ``(6) Period of availability.--The line of credit shall be 
     available during the period beginning on the date of 
     substantial completion of the project and ending not later 
     than 10 years after that date.
       ``(7) Rights of third party creditors.--
       ``(A) Against federal government.--A third party creditor 
     of the obligor shall not have any right against the Federal 
     Government with respect to any draw on the line of credit.
       ``(B) Assignment.--An obligor may assign the line of credit 
     to 1 or more lenders or to a trustee on the lenders' behalf.
       ``(8) Nonsubordination.--A direct loan under this section 
     shall not be subordinated to the claims of any holder of 
     project obligations in the event of bankruptcy, insolvency, 
     or liquidation of the obligor.
       ``(9) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of providing a line of credit under this 
     section.
       ``(10) Relationship to other credit instruments.--A project 
     that receives a line of credit under this section shall not 
     also receive a secured loan or loan guarantee under section 
     183 of an amount that, combined with the amount of the line 
     of credit, exceeds 33 percent of eligible project costs.
       ``(c) Repayment.--
       ``(1) Terms and conditions.--The Secretary shall establish 
     repayment terms and conditions for each direct loan under 
     this section based on the projected cash flow from project 
     revenues and other repayment sources.
       ``(2) Timing.--All scheduled repayments of principal or 
     interest on a direct loan under this section shall commence 
     not later than 5 years after the end of the period of 
     availability specified in subsection (b)(6) and be fully 
     repaid, with interest, by the date that is 25 years after the 
     end of the period of availability specified in subsection 
     (b)(6).
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.

     ``Sec. 185. Project servicing

       ``(a) Requirement.--The State in which a project that 
     receives financial assistance under this subchapter is 
     located may identify a local servicer to assist the Secretary 
     in servicing the Federal credit instrument made available 
     under this subchapter.
       ``(b) Agency; Fees.--If a State identifies a local servicer 
     under subsection (a), the local servicer--
       ``(1) shall act as the agent for the Secretary; and
       ``(2) may receive a servicing fee, subject to approval by 
     the Secretary.
       ``(c) Liability.--A local servicer identified under 
     subsection (a) shall not be liable for the obligations of the 
     obligor to the Secretary or any lender.
       ``(d) Assistance From Expert Firms.--The Secretary may 
     retain the services of expert firms in the field of municipal 
     and project finance to assist in the underwriting and 
     servicing of Federal credit instruments.

     ``Sec. 186. State and local permits

       ``The provision of financial assistance under this 
     subchapter with respect to a project shall not--
       ``(1) relieve any recipient of the assistance of any 
     obligation to obtain any required State or local permit or 
     approval with respect to the project;
       ``(2) limit the right of any unit of State or local 
     government to approve or regulate any rate of return on 
     private equity invested in the project; or
       ``(3) otherwise supersede any State or local law (including 
     any regulation) applicable to the construction or operation 
     of the project.

     ``Sec. 187. Regulations

       ``The Secretary may issue such regulations as the Secretary 
     determines appropriate to carry out this subchapter.

     ``Sec. 188. Funding

       ``(a) 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 subchapter--
       ``(A) $60,000,000 for fiscal year 1998;
       ``(B) $60,000,000 for fiscal year 1999;
       ``(C) $90,000,000 for fiscal year 2000;
       ``(D) $90,000,000 for fiscal year 2001;
       ``(E) $115,000,000 for fiscal year 2002; and
       ``(F) $115,000,000 for fiscal year 2003.
       ``(2) Administrative costs.--From funds made available 
     under paragraph (1), the Secretary may use, for the 
     administration of this subchapter, not more than $2,000,000 
     for each of fiscal years 1998 through 2003.
       ``(3) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.
       ``(b) Contract Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, approval by the Secretary of a Federal credit instrument 
     that uses funds made available under this subchapter shall be 
     deemed to be acceptance by the United States of a contractual 
     obligation to fund the Federal credit instrument.
       ``(2) Availability.--Amounts authorized under this section 
     for a fiscal year shall be available for obligation on 
     October 1 of the fiscal year.
       ``(c) Limitations on Credit Amounts.--For each of fiscal 
     years 1998 through 2003, principal amounts of Federal credit 
     instruments made available under this subchapter shall be 
     limited to the amounts specified in the following table:
                                                         Maximum amount
``Fiscal year:                                               of credit:
  1998..................................................$1,200,000,000 
  1999..................................................$1,200,000,000 
  2000..................................................$1,800,000,000 
  2001..................................................$1,800,000,000 
  2002..................................................$2,300,000,000 
  2003..................................................$2,300,000,000.

     ``Sec. 189. Imposition of annual fee on recipients

       ``(a) In General.--There is hereby imposed on any recipient 
     of a Federal credit instrument an annual fee equal to the 
     applicable percentage of the average outstanding Federal 
     credit instrument amount made available to the recipient 
     during the year under this subchapter.
       ``(b) Time of Imposition.--The fee described in subsection 
     (a) shall be imposed on the annual anniversary date of the 
     receipt of the Federal credit instrument.
       ``(c) Applicable Percentage.--For the purposes of 
     subsection (a), the applicable percentage is, with respect to 
     an annual anniversary date occurring in--
       ``(1) any of fiscal years 1999 through 2003, 1.9095 
     percent; and
       ``(2) any fiscal year after 2003, 0.5144 percent.
       ``(d) Termination.--The fee imposed by this section shall 
     not apply with respect to annual anniversary dates occurring 
     after September 30, 2008.
       ``(e) Deposit of Receipts.--The fees collected by the 
     Secretary under this section shall be deposited in the 
     general fund of the Treasury of the United States as 
     miscellaneous receipts.

     ``Sec. 190. Report to Congress

       ``Not later than 4 years after the date of enactment of 
     this subchapter, the Secretary shall submit to Congress a 
     report summarizing the financial performance of the projects 
     that are receiving, or have received, assistance under this 
     subchapter, including a recommendation as to whether the 
     objectives of this subchapter are best served--
       ``(1) by continuing the program under the authority of the 
     Secretary;
       ``(2) by establishing a Government corporation or 
     Government-sponsored enterprise to administer the program; or
       ``(3) by phasing out the program and relying on the capital 
     markets to fund the types of infrastructure investments 
     assisted by this subchapter without Federal participation.''.
       (b) Conforming Amendments.--Chapter 1 of title 23, United 
     States Code, is amended--
       (1) in the analysis--
       (A) by inserting before ``Sec.'' the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

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

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Imposition of annual fee on recipients.
``190. Report to Congress.'';
     and
       (2) by inserting before section 101 the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

     SEC. 1314. OFFICE OF INFRASTRUCTURE FINANCE.

       (a) Duties of the Secretary.--Section 301 of title 49, 
     United States Code, is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) develop and coordinate Federal policy on financing 
     transportation infrastructure, including the provision of 
     direct Federal credit assistance and other techniques used to 
     leverage Federal transportation funds.''.
       (b) Office of Infrastructure Finance.--
       (1) In general.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 113. Office of Infrastructure Finance

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish within the Office of the Secretary an Office of 
     Infrastructure Finance.
       ``(b) Director.--The Office shall be headed by a Director 
     who shall be appointed by the Secretary not later than 180 
     days after the date of enactment of this section.
       ``(c) Functions.--The Director shall be responsible for--
       ``(1) carrying out the responsibilities of the Secretary 
     described in section 301(9);
       ``(2) carrying out research on financing transportation 
     infrastructure, including educational programs and other 
     initiatives to support Federal, State, and local government 
     efforts; and
       ``(3) providing technical assistance to Federal, State, and 
     local government agencies and officials to facilitate the 
     development and use of alternative techniques for financing 
     transportation infrastructure.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by adding at the end 
     the following:
``113. Office of Infrastructure Finance.''.

[[Page S1646]]

                                 ______
                                 

                 GRAHAM (AND MURRAY) AMENDMENT NO. 1923

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself and Mrs. Murray) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. NEW START RATING AND EVALUATION.

       (a) Criteria for Grants and Loans for Fixed Guideway 
     Systems.--Section 5309(e) of title 49, United States Code, is 
     amended to read as follows:
       ``(e) Criteria for Grants and Loans for Fixed Guideway 
     Systems.--
       ``(1) The Secretary of Transportation may approve a grant 
     or loan under this section for a capital project for a new 
     fixed guideway system or extension of an existing fixed 
     guideway system only if the Secretary decides that the 
     proposed project is--
       ``(A) based on the results of an alternatives analysis and 
     preliminary engineering;
       ``(B) justified based on a comprehensive review of its 
     mobility improvements, environmental benefits, cost 
     effectiveness, and operating efficiencies; and
       ``(C) supported by an acceptable degree of local financial 
     commitment, including evidence of stable and dependable 
     financing sources to construct, maintain, and operate the 
     system or extension.
       ``(2) In evaluating a project under paragraph (1)(A), the 
     Secretary shall analyze and consider the results of the 
     alternatives analysis and preliminary engineering for the 
     project.
       ``(3) In evaluating a project under paragraph (1)(B), the 
     Secretary shall--
       ``(A) consider the direct and indirect costs of relevant 
     alternatives;
       ``(B) account for costs and benefits related to factors 
     such as congestion relief, improved mobility, air pollution, 
     noise pollution, congestion, energy consumption, and all 
     associated ancillary and mitigation costs necessary to carry 
     out each alternative analyzed;
       ``(C) identify and consider mass transportation supportive 
     existing land use policies and future patterns, and the cost 
     of urban sprawl;
       ``(D) consider the degree to which the project increases 
     the mobility of the mass transportation dependent population 
     or promotes economic development;
       ``(E) consider population density, and current transit 
     ridership in the corridor, and avoided cost per new rider;
       ``(F) consider the technical capability of the grant 
     recipient to construct the project;
       ``(G) adjust the project justification to reflect 
     differences in local land, construction, and operating costs; 
     and
       ``(H) consider other factors the Secretary considers 
     appropriate to carry out this chapter.
       ``(3)(A) The Secretary of Transportation shall issue 
     guidelines on the manner in which the Secretary will evaluate 
     results of alternatives analysis, project justification, and 
     the degree of local financial commitment.
       ``(B) The project justification under paragraph (1)(B) 
     shall be adjusted to reflect differences in local land, 
     construction, and operating costs.
       ``(4)(A) In evaluating a project under paragraph (1)(C), 
     the Secretary shall require that--
       ``(i) the proposed project plan provides for the 
     availability of contingency amounts the Secretary of 
     Transportation determines to be reasonable to cover 
     unanticipated cost overruns;
       ``(ii) each proposed local source of capital and operating 
     financing is stable, reliable, and available within the 
     proposed project timetable; and
       ``(iii) local resources are available to operate the 
     overall proposed mass transportation system (including 
     essential feeder bus and other services necessary to achieve 
     the projected ridership levels) without requiring a reduction 
     in existing mass transportation services to operate the 
     proposed project.
       ``(B) In assessing the stability, reliability, and 
     availability of proposed sources of local financing, the 
     Secretary of Transportation shall consider--
       ``(i) existing grant commitments;
       ``(ii) the degree to which financing sources are dedicated 
     to the purposes proposed;
       ``(iii) any debt obligation that exists or is proposed by 
     the recipient for the proposed project or other mass 
     transportation purpose; and
       ``(iv) the extent to which the project has a local 
     financial commitment that exceeds the required non-Federal 
     share of the cost of the project.
       ``(5)(A) Not later than 120 days after the date of 
     enactment of the Federal Transit Act of 1997, the Secretary 
     of Transportation shall issue guidelines on the manner in 
     which the Secretary will evaluate and rate the projects based 
     on the results of alternatives analysis, project 
     justification, and the degree of local financial commitment.
       ``(B) The project justification under paragraph (1)(B) 
     shall be adjusted to reflect differences in local land, 
     construction, and operating costs as required under this 
     subsection.
       ``(6)(A) A proposed project may advance from alternatives 
     analysis to preliminary engineering, and may advance from 
     preliminary engineering to final design and construction, 
     only if the Secretary of Transportation finds that the 
     project meets the requirements of this section and there is a 
     reasonable likelihood that the project will continue to meet 
     the requirements.
       ``(B) In making any findings under subparagraph (A), the 
     Secretary shall evaluate and rate the project as either 
     highly recommended, recommended, or not recommended, based on 
     the results of alternatives analysis, the project 
     justification criteria, and the degree of local financial 
     commitment as required under this subsection.
       ``(C) In rating each project, the Secretary shall provide, 
     in addition to the overall project rating, individual ratings 
     for each criteria established under the guidelines issued 
     under paragraph (5).
       ``(7)(A) Each project financed under this subsection shall 
     be carried out through a full funding grant agreement.
       ``(B) The Secretary shall enter a full funding grant 
     agreement based on evaluations and ratings required under 
     this subsection.
       ``(C) The Secretary shall not enter into a full funding 
     grant agreement for a project unless that project is 
     authorized for final design and construction.
       ``(8)(A) A project for a fixed guideway system or extension 
     of an existing fixed guideway system is not subject to the 
     requirements of this subsection, and the simultaneous 
     evaluation of similar projects in at least 2 corridors in a 
     metropolitan area may not be limited, if the assistance 
     provided under this section with respect to the project is 
     less than $25,000,000.
       ``(B) The simultaneous evaluation of projects in at least 2 
     corridors in a metropolitan area may not be limited and the 
     Secretary of Transportation shall make decisions under this 
     subsection with expedited procedures that will promote 
     carrying out an approved State Implementation Plan in a 
     timely way if a project is--
       ``(i) located in a nonattainment area;
       ``(ii) a transportation control measure (as that term is 
     defined in the Clean Air Act (42 U.S.C. 7401 et seq.)); and
       ``(iii) required to carry out the State Implementation 
     Plan.
       ``(C) This subsection does not apply to a part of a project 
     financed completely with amounts made available from the 
     Highway Trust Fund (other than the Mass Transit Account).
       ``(D) This subsection does not apply to projects for which 
     the Secretary has issued a letter of intent or entered into a 
     full funding grant agreement before the date of enactment of 
     the Federal Transit Act of 1997.''.
       (b) Letters of Intent, Full Financing Grant Agreements, and 
     Early Systems Work Agreements.--Section 5309(g) of title 49, 
     United States Code, is amended--
       (1) in the subsection heading, by striking ``Financing'' 
     and inserting ``Funding'';
       (2) by striking ``full financing'' each place it appears 
     and inserting ``full funding''; and
       (3) in paragraph (1)(B)--
       (A) by striking ``30 days'' and inserting ``60 days'';
       (B) by inserting ``or entering into a full funding grant 
     agreement'' after ``this paragraph''; and
       (C) by striking ``issuance of the letter'' and inserting 
     ``letter or agreement. The Secretary shall include with the 
     notification a copy of the proposed letter or agreement as 
     well as evaluations and ratings for the project''.
       (c) Reports.--Section 5309 of title 49, United States Code, 
     is amended by adding at the end the following:
       ``(p) Reports.--
       ``(1) Funding levels and allocations of funds for fixed 
     guideway systems.--
       ``(A) Annual report.--Not later than the first Monday in 
     February of each year, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate a report that includes a proposal 
     on the allocation of amounts to be made available to finance 
     grants and loans for capital projects for new fixed guideway 
     systems and extensions to existing fixed guideway systems 
     among applicants for those amounts.
       ``(B) Recommendations on funding.--Each report submitted 
     under this paragraph shall include--
       ``(i) evaluations and ratings, as required under subsection 
     (e), for each project that is authorized or has received 
     funds under this section since the date of enactment of the 
     Federal Transit Act of 1997 or October 1 of the preceding 
     fiscal year, whichever date is earlier; and
       ``(ii) recommendations of projects for funding, based on 
     the evaluations and ratings and on existing commitments and 
     anticipated funding levels for the next 3 fiscal years and 
     for the next 10 fiscal years, based on information available 
     to the Secretary.
       ``(2) Supplemental report on new starts.--On August 30 of 
     each year, the Secretary shall submit a report to Congress 
     that describes the Secretary's evaluation and rating of each 
     project that has completed alternatives analysis or 
     preliminary engineering since the date of the last report. 
     The report shall include all relevant information that 
     supports the evaluation and rating of each project, including 
     a summary of each project's financial plan.
       ``(3) Annual gao review.--The Comptroller General of the 
     United States shall--
       ``(A) conduct an annual review of--

[[Page S1647]]

       ``(i) the processes and procedures for evaluating and 
     rating projects and recommending projects; and
       ``(ii) the Secretary's implementation of such processes and 
     procedures; and
       ``(B) report to Congress on the results of such review not 
     later than April 30 of each year.''.
                                 ______
                                 

                        BRYAN AMENDMENT NO. 1924

  (Ordered to lie on the table.)
  Mr. BRYAN submitted an amendment intended to be proposed by him to 
amendment No. 1737 submitted by Mr. Hollings to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

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

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

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

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

       (2) by striking ``2 years'' in subsection (a)(2) and 
     inserting ``4 years'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Authority To Carry Out Pilot Programs.--
       ``(1) In general.--The Secretary is authorized to carry out 
     pilot programs to examine innovative approaches or 
     alternatives to regulations issued under this chapter for 
     private motor carriage in intrastate transportation of an 
     agricultural production material from--
       ``(A) a source of supply to a farm;
       ``(B) a farm to another farm;
       ``(C) a field to another field on a farm; or
       ``(D) a farm back to the source of supply.
       ``(2) Limitation.--The Secretary may not carry out a pilot 
     program under paragraph (1) if the Secretary determines that 
     the program would pose an undue risk to public health and 
     safety.
       ``(3) Safety levels.--In carrying out a pilot project under 
     this subsection, the Secretary shall require, as a condition 
     of approval of the project, that the safety measures in the 
     project are designed to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would otherwise be achieved through compliance with the 
     standards prescribed under this chapter.
       ``(4) Termination of project.--The Secretary shall 
     immediately terminate any project entered into under this 
     subsection if the motor carrier or other entity to which it 
     applies fails to comply with the terms and conditions of the 
     pilot project or the Secretary determines that the project 
     has resulted in a lower level of safety than was maintained 
     before the project was initiated.
       ``(5) Nonapplication.--This subsection does not apply to 
     the application of regulations issued under this chapter to 
     vessels or aircraft.''.
       ``(b) Section 5119(c) is amended by adding at the end the 
     following:
       ``(4) Pending promulgation of regulations under this 
     subsection, States may participate in a program of uniform 
     forms and procedures recommended by the working group under 
     subsection (b).''.
       (c) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5117 and inserting the 
     following:

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

                    CHAFEE AMENDMENTS NOS. 1925-1926

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted two amendments intended to be proposed by him to 
amendments submitted by Mr. McConnell to amendment No. 1676 proposed by 
Mr. Chafee to the bill, S. 1173, supra; as follows:

                           Amendment No. 1925

       At the top of page 2, insert the following new subsection, 
     and redesignate subsection (f) as subsection (g):
       ``(f) Required Establishment of a Small Business Program.--
     During any time period in which a recipient is prevented from 
     administering the Disadvantaged Business Enterprise program 
     as set forth in subsection (a) by reason of a final order of 
     a Federal court finding the program to be unconstitutional, 
     the recipient shall establish a Small Business Program to 
     assist small businesses, as defined by the Secretary, which 
     shall include at a minimum:
       ``(1) goals for the participation of small businesses;
       ``(2) outreach and recruitment efforts for small 
     businesses, including disadvantaged business enterprises, to 
     encourage the maximum practicable opportunity for small 
     businesses to compete for prime and subcontracts funded under 
     Federal transportation law;
       ``(3) assistance to small businesses, including 
     disadvantaged businesses, in obtaining financing, credit, 
     bonding, and other assistance; and
       ``(4) semi-annual reporting to the Department of 
     Transportation on the impact of the small business 
     program.''.
                                                                    ____


                           Amendment No. 1926

       At the top of page 2, insert the following new subsection, 
     and redesignate subsection (f) as subsection (g):
       ``(f) Required Establishment of a Small Business Program.--
     During any time period in which a recipient is prevented from 
     administering the Disadvantaged Business Enterprise program 
     as set forth in subsection (a) by reason of a court order as 
     described in subsection (e), the recipient shall establish a 
     Small Business Program to assist small businesses, as defined 
     by the Secretary, which shall include at a minimum:
       ``(1) goals for the participation of small businesses;
       ``(2) outreach and recruitment efforts for small 
     businesses, including disadvantaged business enterprises, to 
     encourage the maximum practicable opportunity for small 
     businesses to compete for prime and subcontracts funded under 
     Federal transportation law;
       ``(3) assistance to small businesses, including 
     disadvantaged businesses, in obtaining financing, credit, 
     bonding, and other assistance; and
       ``(4) semi-annual reporting to the Department of 
     Transportation on the impact of the small business 
     program.''.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 1927

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
amendment No. 1771 submitted by Mr. McConnell to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 1, line 7, strike all after ``by'' through the 
     period at the end of line 7, and insert the following: 
     ``reason of a final order of a federal court finding 
     unconstitutional the program established by the Secretary 
     pursuant to subsection (a).''.
                                 ______
                                 

                       BAUCUS AMENDMENT NO. 1928

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
amendment No. 1772 submitted by Mr. McConnell to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 1, line 7, strike all after ``by'' through the 
     period at the end of line 7, and insert the following: 
     ``reason of a final order of a federal court finding 
     unconstitutional the program established by the Secretary 
     pursuant to subsection (a).''.
                                 ______
                                 

                MOSELEY-BRAUN AMENDMENTS NOS. 1929-1930

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted two amendments intended to be proposed by 
her to amendments submitted to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

                           Amendment No. 1929

       On page 9 of the amendment, strike line 22 and insert the 
     following: ``ized area.
       ``(7) Limitation on minimum allocation.--A State shall not 
     be eligible for a minimum allocation of funding in any fiscal 
     year in accordance with this subsection if, with respect to 
     the State, the ratio that--
       ``(A) the State's percentage of the total apportionments 
     for the fiscal year under--
       ``(i) section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       ``(ii) section 105 of that title; and
       ``(iii) section 1102(c); bears to
       ``(B) the State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is greater than 1.''.
                                                                    ____


                           Amendment No. 1930

       On page 9 of the amendment, strike line 22 and insert the 
     following: ``ized area.
       ``(7) Limitation on minimum allocation.--
       ``(A) In general.--No State may receive a minimum 
     allocation of funding in any fiscal year in accordance with 
     this subsection if the balance of Federal payments for that 
     State in the preceding fiscal year is less than the average 
     balance of Federal payments for the 10 States receiving the 
     most Federal funding under this chapter in the preceding 
     fiscal year.
       ``(B) Balance of federal payments defined.--In this 
     paragraph, the term `balance of Federal payments' means total 
     Federal spending in the State at issue, divided by the total 
     Federal taxes attributable to taxpayers in that State.''.
                                 ______
                                 

                       D'AMATO AMENDMENT NO. 1931

  Mr. D'AMATO proposed an amendment to amendment No. 1676 proposed by 
Mr. Chafee to the bill S. 1173, supra; as follows:

       At the appropriate place, insert the following:

[[Page S1648]]

                        TITLE ____--MASS TRANSIT

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Federal Transit Act of 
     1997''.

     SEC. ____02. AUTHORIZATIONS.

       (a) In General.--Section 5338 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5338. Authorizations

       ``(a) Sections 5303-5308, 5310, 5311, 5313, 5314, 5317, 
     5320, 5320a, 5327, and 5334 (a) and (c).--
       ``(1) Mass transit account amounts.--Not more than the 
     following amounts are available to the Secretary from the 
     Account to carry out sections 5303 through 5308, 5310, 5311, 
     5313, 5314, 5317, 5320, 5320a, 5327, and subsections (a) and 
     (c) of section 5334:
       ``(A) $2,698,790,000 for fiscal year 1998.
       ``(B) $2,773,934,000 for fiscal year 1999.
       ``(C) $2,849,079,000 for fiscal year 2000.
       ``(D) $2,925,965,000 for fiscal year 2001.
       ``(E) $3,004,667,000 for fiscal year 2002.
       ``(F) $3,085,725,000 for fiscal year 2003.
       ``(2) Other amounts.--In addition to amounts made available 
     under paragraph (1), not more than the following amounts may 
     be appropriated to the Secretary to carry out section 5303 
     through 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5320a, 
     5327, and subsections (a) and (c) of section 5334:
       ``(A) $738,000,000 for fiscal year 1998.
       ``(B) $756,000,000 for fiscal year 1999.
       ``(C) $774,000,000 for fiscal year 2000.
       ``(D) $793,000,000 for fiscal year 2001.
       ``(E) $812,000,000 for fiscal year 2002.
       ``(F) $832,000,000 for fiscal year 2003.
       ``(b) Section 5309.--Not more than the following amounts 
     are available to the Secretary from the Account to carry out 
     section 5309:
       ``(1) $2,221,210,000 for fiscal year 1998.
       ``(2) $2,278,770,000 for fiscal year 1999.
       ``(3) $2,340,501,000 for fiscal year 2000.
       ``(4) $2,403,661,000 for fiscal year 2001.
       ``(5) $2,468,315,000 for fiscal year 2002.
       ``(6) $2,534,904,000 for fiscal year 2003.
       ``(c) Section 5315.--
       ``(1) In general.--The Secretary shall make available in 
     equal amounts from amounts provided under paragraphs (3) and 
     (4) of subsection (g) of this section, not more than 
     $4,000,000 for each of fiscal years 1998 through 2003, to 
     carry out section 5315.
       ``(2) Workplace safety.--Not more than $1,000,000 shall be 
     appropriated to the Secretary for each of fiscal years 1998 
     through 2003, to carry out section 5315(a)(15).
       ``(d) Section 5316.--Not more than the following amounts 
     may be appropriated to the Secretary from the Fund (other 
     than from the Account) for each of fiscal years 1998 through 
     2003:
       ``(1) $250,000 to carry out section 5316(a).
       ``(2) $3,000,000 to carry out section 5316(b).
       ``(3) $1,000,000 to carry out section 5316(c).
       ``(4) $1,000,000 to carry out section 5316(d).
       ``(5) $1,000,000 to carry out section 5316(e).
       ``(e) Section 5317.--Not more than $6,000,000 is available 
     to the Secretary from the Fund (other than from the Account) 
     for each of fiscal years 1998 through 2003, to carry out 
     section 5317.
       ``(f) Section 5307.--Amounts remaining available for each 
     fiscal year under subsection (a) of this section, after 
     allocation under subsections (g), (h), and (i)(2) of this 
     section, are available to carry out section 5307.
       ``(g) Planning, Programming, and Research.--In each fiscal 
     year, before apportioning amounts made available or 
     appropriated under subsection (a) of this section, an amount 
     equal to 3 percent of amounts made available or appropriated 
     under subsections (a) and (b), less the amounts authorized 
     for purposes of section 5320a, of this section is available 
     as follows:
       ``(1) 45 percent for metropolitan planning activities under 
     section 5303(g).
       ``(2) 5 percent to carry out section 5311(b)(2).
       ``(3) 20 percent to carry out State programs under section 
     5313.
       ``(4) 30 percent to carry out the national program under 
     section 5314.
       ``(h) Other Set-Asides.--In each fiscal year, before 
     apportioning amounts made available or appropriated under 
     subsection (a) of this section, of amounts made available or 
     appropriated under subsections (a) and (b), less the amounts 
     authorized for purposes of section 5320a, of this section--
       ``(1) not more than 0.96 percent is available for 
     administrative expenses to carry out subsections (a) and (c) 
     through (f) of section 5334;
       ``(2) not more than 1.34 percent is available for 
     transportation services to elderly individuals and 
     individuals with disabilities under the formula under section 
     5310(a); and
       ``(3) $6,000,000 is available to carry out section 5317 for 
     each of fiscal years 1998 through 2003.
       ``(i) Limitations.--Of amounts made available--
       ``(1) under subsection (a)(2), less the amounts authorized 
     for purposes of section 5320a, of this section--
       ``(A) 3.5 percent may be used to finance programs and 
     activities, including administrative costs, under section 
     5310;
       ``(B) to finance research, development, and demonstration 
     projects under section 5312(a), 1.5 percent may be used to 
     increase the information and technology available to provide 
     improved mass transportation service and facilities planned 
     and designed to meet the special needs of elderly individuals 
     and individuals with disabilities; and
       ``(C) not more than 12.5 percent may be used for grants to 
     any 1 State under section 5312(c)(2);
       ``(2) under subsection (a) of this section, less the 
     amounts authorized for purposes of section 5320a, 5.5 percent 
     of the amount remaining available each year, after allocation 
     under subsections (g) and (h) of this section, is available 
     under the formula under section 5311; and
       ``(3) under section 5309(m)(1)(C), the lesser of $3,000,000 
     or an amount that the Secretary determines is necessary for 
     each fiscal year is available to carry out section 5318 for 
     each of fiscal years 1998 through 2003.
       ``(j) Grants as Contractual Obligations.--
       ``(1) Federal obligations.--A grant or contract approved by 
     the Secretary that is financed with amounts made available 
     under subsection (a)(1), (b), (c), (d), or (e) of this 
     section, is a contractual obligation of the United States 
     Government to pay the Government's share of the cost of the 
     project.
       ``(2) Appropriations limitation.--A grant or contract 
     approved by the Secretary that is financed with amounts made 
     available under subsection (a)(2) of this section, is a 
     contractual obligation of the United States Government to pay 
     the Government's share of the cost of the project, only to 
     the extent that amounts are provided in advance in an 
     appropriations Act.
       ``(k) Early Appropriations and Availability of Amounts.--
       ``(1) Early appropriation.--Amounts appropriated under 
     subsection (a)(2) of this section to carry out section 5311 
     may be appropriated in the fiscal year before the fiscal year 
     in which the appropriation is available for obligation.
       ``(2) Availability of amounts.--Amounts made available or 
     appropriated under subsections (a), (b), and (g), paragraphs 
     (1) and (2) of subsection (h), and subsection (i)(2) of this 
     section shall remain available until expended.
       ``(l) Section 5308.--In each fiscal year, before 
     apportioning or allocating amounts made available or 
     appropriated under subsections (a) and (b), of amounts made 
     available or appropriated under subsections (a) or (b) of 
     this section, not more than $200,000,000 is available to 
     carry out section 5308, with $100,000,000 made available from 
     amounts made available from amounts provided under subsection 
     (a)(2) of this section and $100,000,000 made available from 
     amounts provided under subsection (b) of this section.
       ``(m) Section 5320a.--In each fiscal year, before 
     apportioning amounts made available or appropriated under 
     subsection (a), of amounts appropriated under subsection 
     (a)(2) of this section, not more than $100,000,000 is 
     available to carry out section 5320a.
       ``(n) Transit Equity Program.--
       ``(1) In general.--The purpose of this subsection is to 
     further the national interest by providing proportional 
     increases in funding for national mass transit programs, 
     commensurate with increases in national highway programs, in 
     order to ensure balanced improvement in the national 
     intermodal transportation system.
       ``(2) Funding.--There are authorized to be appropriated to 
     carry out this subsection, from the General Fund of the 
     Treasury of the United States, the following amounts:
       ``(A) $1,000,000,000 for fiscal year 1999.
       ``(B) $1,000,000,000 for fiscal year 2000.
       ``(C) $1,000,000,000 for fiscal year 2001.
       ``(D) $1,000,000,000 for fiscal year 2002.
       ``(E) $1,000,000,000 for fiscal year 2003.
       ``(3) Eligible uses.--Amounts made available to carry out 
     this subsection shall be available for capital projects 
     eligible under sections 5307, 5309, 5310, and 5311, including 
     meeting obligations of the United States associated with 
     multiyear funding commitments, full funding grant agreements 
     under section 5309, and innovative financing activities.
       ``(4) Contingent commitment authority.--Notwithstanding 
     subsection (g)(4) of section 5309, the total estimated amount 
     of future obligations of the Government and contingent 
     commitments to incur obligations covered by all outstanding 
     letters of intent and full financing grant agreements may be 
     greater than the amounts authorized under subsection (b) of 
     this section by an amount equal to not more than the amount 
     authorized to be appropriated under paragraph (6) of this 
     subsection as of the end of fiscal year 2003.
       ``(5) Fixed guideway modernization.--In addition to amounts 
     authorized in section 5338(b), the following amounts are 
     authorized to be appropriated to the Secretary, to be added 
     to amounts allocated under section 5309(m)(1)(A) for fixed 
     guideway modernization:
       ``(A) $100,000,000 for fiscal year 1999.
       ``(B) $100,000,000 for fiscal year 2000.
       ``(C) $100,000,000 for fiscal year 2001.
       ``(D) $100,000,000 for fiscal year 2002.
       ``(E) $100,000,000 for fiscal year 2003.
       ``(6) Capital projects for fixed guideway systems.--
       ``(A) In general.--In addition to amounts authorized in 
     under subsection (b) of this section, the following amounts 
     are authorized to be appropriated to the Secretary, to be 
     added to amounts allocated under section 5309(m)(1)(B) for 
     capital projects for new fixed guideway systems and 
     extensions to existing fixed guideway systems:
       ``(i) $500,000,000 for fiscal year 1999.
       ``(ii) $500,000,000 for fiscal year 2000.
       ``(iii) $500,000,000 for fiscal year 2001.
       ``(iv) $500,000,000 for fiscal year 2002.
       ``(v) $500,000,000 for fiscal year 2003.

[[Page S1649]]

       ``(B) Ferry boat systems.--Not less than 2.8 percent of the 
     amount made available under subparagraph (A) in any fiscal 
     year shall be available for capital projects for existing and 
     new fixed guideway systems that are ferry boats, ferry 
     terminal facilities, that are approaches to ferry terminal 
     facilities in the noncontiguous States, except that the 
     requirements of section 5333(b) do not apply to such projects 
     or to ferry boat projects for which funds have previously 
     been provided under this chapter in such States.
       ``(7) Buses and related equipment.--In addition to amounts 
     authorized in section 5338(b), the following amounts are 
     authorized to be appropriated to the Secretary, to be added 
     to amounts allocated under section 5309(m)(1)(C) to replace, 
     rehabilitate, and purchase buses and related equipment and to 
     construct bus-related facilities:
       ``(A) $100,000,000 for fiscal year 1999.
       ``(B) $100,000,000 for fiscal year 2000.
       ``(C) $100,000,000 for fiscal year 2001.
       ``(D) $100,000,000 for fiscal year 2002.
       ``(E) $100,000,000 for fiscal year 2003.
       ``(8) Urbanized areas; elderly individuals and disabled 
     individuals.--
       ``(A) In general.--In addition to amounts authorized in 
     section 5338(a) for activities under sections 5307 and 5310, 
     the following amounts are authorized to be appropriated to 
     the Secretary, to be added to amounts made available for 
     activities under section 5307 for urbanized areas and for 
     activities under section 5310 for elderly individuals and 
     individuals with disabilities:
       ``(i) $250,000,000 for fiscal year 1999.
       ``(ii) $250,000,000 for fiscal year 2000.
       ``(iii) $250,000,000 for fiscal year 2001.
       ``(iv) $250,000,000 for fiscal year 2002.
       ``(v) $250,000,000 for fiscal year 2003.
       ``(B) Allocation.--Of the amount appropriated under this 
     paragraph for each fiscal year--
       ``(i) 97 percent is available for activities under section 
     5307; and
       ``(ii) 3 percent is available for activities under section 
     5310.
       ``(9) Other than urbanized areas.--In addition to amounts 
     authorized in section 5338(a) for areas other than urbanized 
     areas, the following amounts are authorized to be 
     appropriated to the Secretary, to be added to amounts made 
     available for assistance for areas other than urbanized areas 
     under section 5311:
       ``(A) $50,000,000 for fiscal year 1999.
       ``(B) $50,000,000 for fiscal year 2000.
       ``(C) $50,000,000 for fiscal year 2001.
       ``(D) $50,000,000 for fiscal year 2002.
       ``(E) $50,000,000 for fiscal year 2003.
       ``(o) Definitions.--In this section--
       ``(1) the term `Account' means the Mass Transit Account of 
     the Highway Trust Fund;
       ``(2) the term `Fund' means the Highway Trust Fund 
     established under section 9503 of the Internal Revenue Code 
     of 1986; and
       ``(3) the term `Secretary' means the Secretary of 
     Transportation.''.
       (b) Work Agreements as Obligations.--
       Section 5309(g)(3)(B) of title 49, United States Code, is 
     amended by adding at the end the following: ``The work 
     agreement shall state that the work agreement is not an 
     obligation of the Government.''.
       (c) Technical and Conforming Amendments.--Chapter 53 of 
     title 49, United States Code, is amended--
       (1) in section 5318(d), by striking ``5338(j)(5)'' and 
     inserting ``5338(i)(3)''; and
       (2) in section 5333(b)(1), by striking ``5338(j)(5)'' each 
     place that term appears and inserting ``5338(i)(3)''.

     SEC. ____03. CAPITAL PROJECTS AND SMALL AREA FLEXIBILITY.

       (a) In General.--Section 5302 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by inserting ``intelligent 
     transportation systems,'' after ``rights agreements,'';
       (B) in subparagraph (C), by striking ``or'' at the end;
       (C) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(E) preventive maintenance;
       ``(F) the leasing of equipment and facilities for use in 
     mass transportation;
       ``(G) the introduction of new technology, through 
     innovative and improved products, into mass transportation; 
     or
       ``(H) a mass transportation improvement that enhances 
     economic development or incorporates private investment, 
     including commercial and residential development, pedestrian 
     and bicycle access to a mass transportation facility, and the 
     renovation and improvement of historic transportation 
     facilities, because the improvement--
       ``(i) enhances the effectiveness of a mass transportation 
     project and is related physically or functionally to that 
     mass transportation project or establishes new or enhanced 
     coordination between mass transportation and other 
     transportation; and
       ``(ii) provides a fair share of revenue for mass 
     transportation that will be used for mass transportation;''; 
     and
       (2) by adding at the end the following:
       ``(c) Eligible Costs of Projects That Enhance Urban 
     Economic Development or Incorporate Private Investment.--
     Eligible costs for a capital project described in subsection 
     (a)(1)(H)--
       ``(1) include property acquisition, demolition of existing 
     structures, site preparation, utilities, building 
     foundations, walkways, open space, safety elements (such as 
     lighting, surveillance, and community police and security 
     services) that protect a transit project eligible under this 
     chapter, and a capital project for, and improving, equipment 
     or a facility for an intermodal transfer facility or 
     transportation mall; and
       ``(2) do not include construction of a commercial revenue-
     producing facility or a part of a public facility not related 
     to mass transportation, except that, if such facilities 
     incorporate community services such as daycare, health care, 
     and public safety, the portion of the facilities related to 
     such community services are eligible costs under this 
     chapter.''.
       (b) Small Area Flexibility.--Section 5307(b)(1) of title 
     49, United States Code, is amended by adding at the end the 
     following: ``The Secretary may also make grants under this 
     section to finance the operating cost of equipment and 
     facilities for use in mass transportation in an urbanized 
     area with a population of less than 200,000.''.
       (c) Discretionary Grants and Loans.--Section 5309 of title 
     49, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking subparagraphs (D) and (E); and
       (B) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (D) and (E), respectively; and
       (2) in subsection (f)--
       (A) by striking ``(f)'' and all that follows through ``(1) 
     Each'' and inserting the following:
       ``(f) Required Payments.--Each''; and
       (B) by striking paragraph (2).

     SEC. ____04. METROPOLITAN PLANNING.

       (a) In General.--
       (1) Section 5303.--Section 5303 of title 49, United States 
     Code, is amended--
       (A) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Development Requirements.--
       ``(1) In general.--To carry out section 5301(a), 
     metropolitan planning organizations designated under 
     subsection (c) of this section, in cooperation with the 
     States and mass transportation operators, shall develop 
     transportation plans and programs for urbanized areas of the 
     State.
       ``(2) Plan contents.--The plans and programs developed 
     under paragraph (1) for each metropolitan area shall provide 
     for the development and integrated management and operation 
     of transportation systems and facilities (including 
     pedestrian walkways and bicycle transportation facilities) 
     that will function as an intermodal transportation system for 
     the metropolitan area and as an integral part of an 
     intermodal transportation system for the State and the United 
     States.
       ``(3) Development process.--The development process for the 
     plans and programs shall provide for consideration of all 
     modes of transportation and shall be continuing, cooperative, 
     and comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(b) Scope of Planning Process.--
       ``(1) In general.--The metropolitan transportation planning 
     process for a metropolitan area under this section and 
     sections 5304 through 5306 shall provide for consideration 
     of--
       ``(A) supporting the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increasing the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increasing the accessibility and mobility options 
     available to people and for freight;
       ``(D) protecting and enhancing the environment, promoting 
     energy conservation and improved quality of life, and 
     coordinating land-use and transportation plans and programs;
       ``(E) enhancing the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(F) promoting efficient system management and operation; 
     and
       ``(G) emphasizing the preservation of the existing 
     transportation system.
       ``(2) Goals.--In cooperation with the State and mass 
     transportation operators, and with opportunity for public 
     review and comment, the metropolitan planning organization 
     shall establish goals that relate to the factors described in 
     paragraph (1), and propose projects, programs, and strategies 
     to achieve those goals.'';
       (B) in subsection (c)--
       (i) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) by agreement between the chief executive officer of 
     the State and units of general purpose local government that 
     together represent not less than 60 percent of the affected 
     population (including the central city, as defined by the 
     Bureau of the Census) and 60 percent of such units of 
     government; or'';
       (ii) in paragraph (2)--

       (I) by striking ``In a metropolitan area'' and all that 
     follows through ``shall include'' and inserting ``Each policy 
     board of a metropolitan planning organization that serves an 
     area designated as a transportation management area when 
     designated or redesignated under this subsection shall 
     consist of''; and
       (II) by striking ``officials of authorities'' and inserting 
     ``officials of public agencies'';

       (iii) in paragraph (3), by striking ``in an urbanized 
     area'' and all that follows through ``officer decides'' and 
     inserting ``within an existing metropolitan planning area 
     only if

[[Page S1650]]

     the chief executive officer of the State and the existing 
     metropolitan organization determine''; and
       (iv) in paragraph (5)--

       (I) in subparagraph (A)--

       (aa) by striking ``75'' and inserting ``60''; and
       (bb) by striking ``as defined by the Secretary of 
     Commerce)'' and inserting ``or cities, as defined by the 
     Bureau of the Census) and 60 percent of such units of 
     government''; and

       (II) by adding at the end the following:

       ``(D) Designations of metropolitan planning organizations, 
     whether made under this section or under any other provision 
     of law, shall remain in effect until redesignation under this 
     paragraph.'';
       (C) in subsection (d)--
       (i) by inserting ``(1)'' before ``To carry out this 
     section'';
       (ii) by striking ``Secretary of Commerce'' and inserting 
     ``Bureau of the Census'';
       (iii) by inserting ``in existence as of the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997'' after ``at least the boundaries of the 
     nonattainment area'';
       (iv) by inserting ``, in the manner described in subsection 
     (c)(5)'' before the period at the end; and
       (v) by adding at the end the following:
       ``(2) In the case of an urbanized area classified as a 
     nonattainment area for ozone or carbon monoxide under the 
     Clean Air Act (42 U.S.C. 7401 et seq.) after the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997--
       ``(A) the boundaries of the metropolitan planning area 
     shall be established by agreement between the appropriate 
     units of general purpose local government (including the 
     central city) and the chief executive officer of the State; 
     and
       ``(B) the area shall include at least the urbanized area 
     and the contiguous area expected to become urbanized within 
     the 20-year forecast period, and may include the Metropolitan 
     Statistical Area or Consolidated Metropolitan Statistical 
     Area, as determined by the Bureau of the Census, and any area 
     identified as a nonattainment area for ozone or carbon 
     monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).'';
       (D) in subsection (e)--
       (i) in paragraph (2)--

       (I) by inserting ``or compact'' after ``agreement'' the 
     first place that term appears''; and
       (II) by striking ``making the agreement effective'' and 
     inserting ``making the agreements and compacts effective''; 
     and

       (ii) by adding at the end the following:
       ``(4) To the maximum extent practicable, each metropolitan 
     planning organization shall coordinate with governmental 
     agencies and nonprofit organizations operating within an 
     existing metropolitan planning area that receive assistance 
     from governmental sources (other than the Department of 
     Transportation) to provide nonemergency transportation 
     services. Such governmental agencies and nonprofit 
     organizations shall participate and coordinate with 
     recipients of assistance under this chapter in the design and 
     delivery of transportation services. The purpose of such 
     coordination is to maximize the efficient use of resources 
     and to integrate all such services to ensure accessibility 
     and mobility.''; and
       (E) in subsection (f)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``United States and 
     regional functions'' and inserting ``national, regional, and 
     metropolitan transportation functions'';
       (II) in subparagraph (B), by striking clause (iii) and 
     inserting the following:

       ``(iii) recommends any additional financing strategies for 
     needed projects and programs;''; and

       (III) by striking subparagraph (C) and inserting the 
     following:

       ``(C) identify transportation strategies necessary--
       ``(i) to ensure preservation, including requirements for 
     management, operation, modernization, and rehabilitation, of 
     the existing and future transportation system; and
       ``(ii) to use existing transportation facilities most 
     efficiently to relieve congestion, to efficiently serve the 
     mobility needs of people and goods, and to enhance access 
     within the metropolitan planning area; and'';
       (ii) in paragraph (2), by striking ``as they are related to 
     a 20-year forecast period'' and inserting ``and any State or 
     local goals developed within the cooperative metropolitan 
     planning process as they relate to a 20-year forecast period 
     and to other forecast periods as determined by the 
     participants in the planning process. In developing long-
     range plans, the metropolitan planning organization shall 
     take into account the impact of all transportation projects 
     and development plans that will affect the transportation 
     system in the metropolitan area, without regard to whether 
     such projects are financed with Federal funds'';
       (iii) in paragraph (4), by inserting ``freight shippers,'' 
     after ``employees,''; and
       (iv) in paragraph (5)(A), by inserting ``published or 
     otherwise'' before ``made readily available''.
       (b) Metropolitan Transportation Improvement Program.--
     Section 5304 of title 49, United States Code, is amended--
       (1) in subsection (a), in the second sentence, by striking 
     ``the organization'' and inserting ``the metropolitan 
     planning organization, in cooperation with the chief 
     executive officer of the State and any affected mass 
     transportation operator,'';
       (2) in subsection (b)(2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) identifies innovative financing techniques to finance 
     projects, programs, and strategies.''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``and the designated 
     recipient under this chapter'' after ``metropolitan planning 
     organization''; and
       (B) by adding at the end the following:
       ``(3) Notwithstanding any other provision of law, action by 
     the Secretary shall not be required to advance a project 
     included in the approved transportation improvement program 
     in place of another project of higher priority in the 
     program, except where the project is relevant to conformity 
     with the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(4) A transportation improvement program and the annual 
     selection of projects involving Government participation 
     shall be published or otherwise made readily available for 
     public review, identifying federally funded projects, and the 
     estimated costs and locations of those projects.
       ``(5) Regionally significant projects proposed for funding 
     under chapter 2 of title 23 shall be identified individually 
     in the transportation improvement program. All other projects 
     funded under chapter 2 of title 23 shall be grouped in 1 line 
     item or identified individually in the transportation 
     improvement program.''.
       (c) Transportation Management Areas.--Section 5305 of title 
     49, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (2) and 
     inserting the following:
       ``(2) any other area, if requested by the chief executive 
     officer and the metropolitan planning organization designated 
     for the area.'';
       (2) in subsection (b), by inserting ``affected'' before 
     ``mass transportation operators'';
       (3) in subsection (c), by striking ``The Secretary'' and 
     all that follows through the final period;
       (4) in subsection (d)(1)(A)--
       (A) by inserting ``and any affected mass transportation 
     operator'' after ``the State''; and
       (B) by striking ``or under the Bridge and Interstate 
     Maintenance programs'';
       (5) in subsection (d)(1)(B), by striking ``or under the 
     Bridge and Interstate Maintenance programs''; and
       (6) in subsection (e), by striking paragraph (2) and 
     inserting the following:
       ``(2)(A) If a metropolitan planning process is not 
     certified or is certified conditionally, the Secretary may 
     withhold not more than 20 percent of the apportioned funds 
     attributable to the transportation management area under this 
     chapter and title 23, or may establish such other conditions 
     as the Secretary determines to be appropriate.
       ``(B) Any apportionments withheld under subparagraph (A) 
     shall be restored to the metropolitan area at such time as 
     the metropolitan planning organization is certified by the 
     Secretary.''.
       (d) Statewide Planning.--
       (1) In general.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5305 the 
     following:

     ``Sec. 5305a. Statewide planning

       ``(a) Development Requirements.--
       ``(1) In general.--To carry out sections 5303 through 5305 
     of this chapter and section 134 of title 23, each State shall 
     develop transportation plans and programs for all areas of 
     the State, which shall provide for the development and 
     integrated management and operation of transportation systems 
     (including pedestrian walkways and bicycle transportation 
     facilities) that will function as an intermodal State 
     transportation system and an integral part of the intermodal 
     transportation system of the United States.
       ``(2) Specific requirements.--The development of the plans 
     and programs under paragraph (1) shall--
       ``(A) provide for consideration of all modes of 
     transportation; and
       ``(B) be continuing, cooperative, and comprehensive to the 
     degree appropriate, based on the complexity of the 
     transportation problems to be addressed.
       ``(b) Scope of Planning Process.--
       ``(1) In general.--Each State shall carry out a 
     transportation planning process under this section, which 
     shall provide for consideration of--
       ``(A) supporting the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increasing the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increasing the accessibility and mobility options 
     available to people and for freight;
       ``(D) protecting and enhancing the environment, promoting 
     energy conservation and improved quality of life, and 
     coordinating land-use and transportation plans and programs;
       ``(E) enhancing the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(F) promoting efficient system management and operation; 
     and
       ``(G) emphasizing the preservation of the existing 
     transportation system.
       ``(2) Goals.--In cooperation with the metropolitan planning 
     organization and mass

[[Page S1651]]

     transportation operators, and with opportunity for public 
     review and comment, the State shall establish goals that 
     relate to the factors described in paragraph (1), and propose 
     projects, programs, and strategies to achieve those goals.
       ``(c) Coordination With Metropolitan Planning; State 
     Implementation Plan.--
       ``(1) In general.--In carrying out the planning under this 
     section, a State shall--
       ``(A) coordinate the planning with the transportation 
     planning activities carried out under sections 5303 through 
     5305 of this chapter and section 134 of title 23, for 
     metropolitan areas of the State;
       ``(B) carry out the responsibilities of the State for the 
     development of the transportation portion of the State air 
     quality implementation plan, to the extent required by the 
     Clean Air Act (42 U.S.C. 7401 et seq.); and
       ``(C) to the maximum extent practicable, coordinate with 
     all other governmental agencies and nonprofit organizations 
     operating within the State planning area that receive 
     assistance from governmental sources (other than the 
     Department of Transportation) to provide nonemergency 
     transportation services.
       ``(2) Participation.--The governmental agencies and 
     nonprofit organizations described in paragraph (1)(C) shall 
     participate and coordinate with recipients of assistance 
     under this chapter in the design and delivery of 
     transportation services.
       ``(3) Purpose of coordination.--The purpose of coordination 
     under this subsection is to maximize the efficient use of 
     resources and to integrate all such services to ensure 
     accessibility and mobility.
       ``(d) Additional Requirements.--In carrying out planning 
     under this section, each State shall, at a minimum, 
     consider--
       ``(1) with respect to nonmetropolitan areas, the concerns 
     of local elected officials representing units of general 
     purpose local government;
       ``(2) the concerns of Indian tribal governments and Federal 
     land management agencies that have jurisdiction over land 
     within the boundaries of the State; and
       ``(3) coordination of transportation plans, programs, and 
     planning activities with related planning activities being 
     carried out outside of metropolitan planning areas.
       ``(e) Long-Range Transportation Plan.--
       ``(1) In general.--Each State shall develop a long-range 
     transportation plan, with a minimum 20-year forecast period, 
     for all areas of the State, that provides for the development 
     and implementation of the intermodal transportation system of 
     the State.
       ``(2) Cooperation.--With respect to each metropolitan area 
     in the State, the long-range transportation plan referred to 
     in paragraph (1) shall be developed in cooperation with the 
     metropolitan planning organization designated for the 
     metropolitan area under section 5303 and section 134 of title 
     23. With respect to each nonmetropolitan area, the long-range 
     transportation plan shall be developed in consultation with 
     local elected officials representing units of general purpose 
     local government. With respect to each area of the State 
     under the jurisdiction of an Indian tribal government, the 
     long-range transportation plan shall be developed in 
     consultation with the tribal government and the Secretary of 
     the Interior.
       ``(3) Opportunity for comment.--In developing the long-
     range transportation plan under this subsection, the State 
     shall provide citizens, affected public agencies, 
     representatives of transportation authority employees, other 
     affected employee representatives, freight shippers, private 
     providers of transportation, and other interested parties 
     with a reasonable opportunity to comment on the proposed 
     plan.
       ``(4) Transportation strategies.--The long-range 
     transportation plan developed under this subsection shall 
     identify transportation strategies necessary to efficiently 
     serve the mobility needs of individuals.
       ``(f) State Transportation Improvement Program.--
       ``(1) In general.--The State shall develop a transportation 
     improvement program for all areas of the State.
       ``(2) Cooperation.--With respect to each metropolitan area 
     in the State, the transportation improvement program under 
     this subsection shall be developed in cooperation with the 
     metropolitan planning organization designated for the 
     metropolitan area under section 5303 and section 134 of title 
     23. With respect to each nonmetropolitan area, the program 
     shall be developed in consultation with local elected 
     officials representing units of general purpose local 
     government. With respect to each area of the State under the 
     jurisdiction of an Indian tribal government, the program 
     shall be developed in consultation with the tribal government 
     and the Secretary of the Interior.
       ``(3) Opportunity for comment.--In developing the 
     transportation improvement program under this subsection, the 
     State shall provide citizens, affected public agencies, 
     representatives of transportation authority employees, other 
     affected employee representatives, freight shippers, private 
     providers of transportation, and other interested parties 
     with a reasonable opportunity to comment on the proposed 
     program.
       ``(4) Required information.--A transportation improvement 
     program developed for a State under this subsection shall 
     include federally supported surface transportation 
     expenditures within the boundaries of the State. Regionally 
     significant projects proposed for funding under chapter 2 of 
     title 23 shall be identified individually. All other projects 
     funded under chapter 2 of title 23 shall be grouped in 1 line 
     item or identified individually in the transportation 
     improvement program.
       ``(5) Specific requirements.--Each project shall--
       ``(A) be consistent with the long-range transportation plan 
     developed under this section for the State;
       ``(B) be identical to the project described in an approved 
     metropolitan transportation improvement program; and
       ``(C) be in conformance with the applicable State air 
     quality implementation plan developed under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), if the project is carried out in an 
     area designated as nonattainment for ozone or carbon monoxide 
     under that Act.
       ``(6) Projects.--The transportation improvement program 
     developed under this subsection shall include a project, or 
     an identified phase of a project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(7) Priorities.--The transportation improvement program 
     developed under this subsection shall reflect the priorities 
     for programming and expenditures of funds, including 
     transportation enhancements, required by this chapter.
       ``(8) Small areas.--Projects carried out in areas with 
     populations of less than 50,000--
       ``(A) excluding projects carried out on the National 
     Highway System, shall be selected from the approved statewide 
     transportation improvement program by the State in 
     cooperation with the affected local officials; and
       ``(B) on the National Highway System, shall be selected 
     from the approved statewide transportation improvement 
     program by the State, in consultation with the affected local 
     officials.
       ``(9) Review.--A transportation improvement program 
     developed under this subsection shall be reviewed and, on a 
     finding that the planning process through which the program 
     was developed is consistent with this section and section 
     5303, approved not less frequently than biennially by the 
     Secretary. Notwithstanding any other provision of law, action 
     by the Secretary shall not be required to advance a project 
     included in the approved statewide transportation improvement 
     program in place of another project of higher priority in the 
     program, except where the project is relevant to conformity 
     with the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(g) Available Funds.--Amounts set aside under section 
     5313(b) of this chapter and section 505 of title 23 shall be 
     available to carry out this section.''.
       (2) Conforming amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5305 the following:

  ``5305a.  Statewide planning.''.

     SEC. ____05. METROPOLITAN PLANNING ORGANIZATIONS.

       Section 5303(c)(2) of title 49, United States Code, is 
     amended by striking ``and appropriate State officials'' and 
     inserting ``appropriate State officials, and a representative 
     of the users of public transit''.

     SEC. ____06. FARE BOX REVENUES.

       (a) Block Grants.--Section 5307(e) of title 49, United 
     States Code, is amended--
       (1) in the first sentence, by striking ``A grant of'' and 
     inserting the following:
       ``(1) In general.--A grant of'';
       (2) in the fourth sentence, by striking ``or revenues 
     from'' and all that follows through ``1985)'';
       (3) in the last sentence, by inserting ``proceeds from a 
     local issuance of debt,'' after ``cash fund or reserve,''; 
     and
       (4) by adding at the end the following:
       ``(2) Maintenance of effort.--The credit given for the use 
     of proceeds from a local issuance of debt in meeting the non-
     federal share under paragraph (1) shall not reduce or replace 
     State monies required to match Federal funds for any program 
     pursuant to this chapter. In receiving a credit for non-
     federal capital expenditures under this section, a State 
     shall enter into such agreements as the Secretary may require 
     to ensure that the State will maintain its non-federal 
     transportation capital expenditures at or above the average 
     level of such expenditures for the preceding 3 fiscal 
     years.''.
       (b) Discretionary Grants and Loans.--Section 5309(h) of 
     title 49, United States Code, is amended in the fourth 
     sentence, by inserting ``proceeds from a local issuance of 
     debt,'' after ``cash fund or reserve.''.

     SEC. ____07. CLEAN FUELS FORMULA GRANT PROGRAM.

       (a) In General.--Section 5308 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5308. Clean fuels formula grant program

       ``(a) Definitions.--In this section--
       ``(1) the term `designated recipient' has the same meaning 
     as in section 5307(a);
       ``(2) the term `eligible project'--
       ``(A) means a project for the--
       ``(i) purchase or lease of clean fuel vehicles or hybrid 
     transit vehicles, including clean fuel vehicles that employ a 
     lightweight composite primary structure;
       ``(ii) construction or leasing of clean fuel vehicle 
     fueling or electrical recharging facilities and related 
     equipment;
       ``(iii) improvement of existing transit facilities to 
     accommodate clean fuel vehicles; or

[[Page S1652]]

       ``(iv) incremental costs of biodiesel fuel; and
       ``(B) in the discretion of the Secretary, may include 
     projects relating to clean fuel, biodiesel, hybrid electric, 
     or zero emissions technology vehicles that exhibit equivalent 
     or superior emissions reductions to existing clean fuel or 
     hybrid electric technologies; and
       ``(3) the term `Secretary' means the Secretary of 
     Transportation.
       ``(b) Authority.--The Secretary shall make grants in 
     accordance with this section to designated recipients to 
     finance eligible projects.
       ``(c) Application.--Not later than January 1 of each year, 
     any designated recipient seeking to apply for a grant under 
     this section for an eligible project shall submit an 
     application to the Secretary, in such form and in accordance 
     with such requirements as the Secretary shall establish by 
     regulation.
       ``(d) Apportionment of Funds.--
       ``(1) Formula.--Not later than February 1 of each year, the 
     Secretary shall apportion amounts made available under this 
     section to designated recipients submitting applications 
     under subsection (c) in accordance with the following:
       ``(A) Two-thirds of the amount made available under this 
     section shall be apportioned to designated recipients with 
     eligible projects in urban areas with a population of not 
     less than 1,000,000 as follows:
       ``(i) 50 percent shall be apportioned, such that each such 
     designated recipient receives a grant in an amount equal to 
     the ratio between--

       ``(I) the number of vehicles in the bus fleet of the 
     eligible project of the designated recipient, weighted by 
     severity of nonattainment for the area in which the eligible 
     project is located, as provided in paragraph (2); and
       ``(II) the total number of vehicles in the bus fleets of 
     all eligible projects in areas with a population of not less 
     than 1,000,000 funded under this section, weighted by 
     severity of nonattainment for all areas in which those 
     eligible projects are located, as provided in paragraph (2).

       ``(ii) 50 percent of the amount made available under this 
     section shall be apportioned, such that each such designated 
     recipient receives a grant in an amount equal to the ratio 
     between--

       ``(I) the number of bus passenger miles (as that term is 
     defined in section 5336(c)) of the eligible project of the 
     designated recipient, weighted by severity of nonattainment 
     of the area in which the eligible project is located, as 
     provided in paragraph (2); and
       ``(II) the total number of bus passenger miles of all 
     eligible projects in areas with a population of not less than 
     1,000,000 funded under this section, weighted by severity of 
     nonattainment of all areas in which those eligible projects 
     are located, as provided in paragraph (2).

       ``(B) One-third of the amount made available under this 
     section shall be apportioned to designated recipients with 
     eligible projects in urban areas with a population of less 
     than 1,000,000 as follows:
       ``(i) 50 percent shall be apportioned, such that each such 
     designated recipient receives a grant in an amount equal to 
     the ratio between--

       ``(I) the number of vehicles in the bus fleet of the 
     eligible project of the designated recipient, weighted by 
     severity of nonattainment for the area in which the eligible 
     project is located, as provided in paragraph (2); and
       ``(II) the total number of vehicles in the bus fleets of 
     all eligible projects in areas with a population of less than 
     1,000,000 funded under this section, weighted by severity of 
     nonattainment for all areas in which those eligible projects 
     are located, as provided in paragraph (2).

       ``(ii) 50 percent of the amount made available under this 
     section shall be apportioned, such that each such designated 
     recipient receives a grant in an amount equal to the ratio 
     between--

       ``(I) the number of bus passenger miles (as that term is 
     defined in section 5336(c)) of the eligible project of the 
     designated recipient, weighted by severity of nonattainment 
     of the area in which the eligible project is located, as 
     provided in paragraph (2); and
       ``(II) the total number of bus passenger miles of all 
     eligible projects in areas with a population of less than 
     1,000,000 funded under this section, weighted by severity of 
     nonattainment of all areas in which those eligible projects 
     are located, as provided in paragraph (2).

       ``(2) Weighting of severity of nonattainment.--
       ``(A) In general.--For purposes of paragraph (1), subject 
     to subparagraph (B) of this paragraph, the number of clean 
     fuel vehicles in the fleet, or the number of passenger miles, 
     shall be multiplied by a factor of--
       ``(i) 1.0 if, at the time of the apportionment, the area is 
     a maintenance area (as that term is defined in section 101 of 
     title 23) for ozone or carbon monoxide;
       ``(ii) 1.1 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) a marginal ozone nonattainment area under subpart 2 
     of part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a marginal carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.);

       ``(iii) 1.2 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) a moderate ozone nonattainment area under subpart 2 
     of part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a moderate carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.);

       ``(iv) 1.3 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) a serious ozone nonattainment area under subpart 2 of 
     part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a serious carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.);

       ``(v) 1.4 if, at the time of the apportionment, the area is 
     classified as--

       ``(I) a severe ozone nonattainment area under subpart 2 of 
     part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a severe carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.); or

       ``(vi) 1.5 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) an extreme ozone nonattainment area under subpart 2 
     of part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) an extreme carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.).

       ``(B) Additional adjustment for carbon monoxide areas.--If, 
     in addition to being classified as a nonattainment or 
     maintenance area (as that term is defined in section 101 of 
     title 23) for ozone under subpart 2 of part D of title I of 
     the Clean Air Act (42 U.S.C. 7511 et seq.), the area was also 
     classified under subpart 3 of part D of title I of that Act 
     (42 U.S.C. 7512 et seq.) as a nonattainment area for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     fleet and passenger miles for the eligible project, as 
     calculated under subparagraph (A), shall be further 
     multiplied by a factor of 1.2.
       ``(3) Maximum grant amount.--
       ``(A) In general.--The amount of a grant made to a 
     designated recipient under this section shall not exceed the 
     lesser of--
       ``(i) for an eligible project in an area--

       ``(I) with a population of less than 1,000,000, 
     $15,000,000; and
       ``(II) with a population of not less than 1,000,000, 
     $25,000,000; or

       ``(ii) 80 percent of the total cost of the eligible 
     project.
       ``(B) Reapportionment.--Any amounts that would otherwise be 
     apportioned to a designated recipient under this subsection 
     that exceed the amount described in subparagraph (A) shall be 
     reapportioned among other designated recipients in accordance 
     with paragraph (1).
       ``(e) Authorization.--
       ``(1) In general.--Subject to paragraph (2), in each fiscal 
     year, $200,000,000 shall be made available or appropriated 
     under subsections (a) and (b) of section 5338 to carry out 
     this section.
       ``(2) Additional requirement.--Notwithstanding any other 
     provision of this section, not less than 5 percent of the 
     amount apportioned under this section in each fiscal year 
     shall be apportioned to fund any eligible projects, for which 
     an application is received from a designated recipient in 
     accordance with subsection (a), for--
       ``(A) the purchase or construction of hybrid electric or 
     battery-powered buses; or
       ``(B) facilities specifically designed to service those 
     buses.
       ``(f) Availability of Funds.--Any amount made available or 
     appropriated under this section--
       ``(1) shall remain available for 1 year after the fiscal 
     year for which the amount is made available or appropriated; 
     and
       ``(2) that remains unobligated at the end of the period 
     described in paragraph (1), shall be added to the amount made 
     available in the following fiscal year.''.
       (b) Definition of Clean Fuel Vehicle.--Section 5302(a) of 
     title 49, United States Code, is amended--
       (1) in each of paragraphs (2) through (12), by striking the 
     period at the end and inserting a semicolon;
       (2) in paragraph (13), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) `clean fuel vehicle' means a vehicle powered by 
     compressed natural gas, liquefied natural gas, biodiesel 
     fuels, batteries, alcohol-based fuels, or hybrid electric, 
     fuel cell, or other zero emissions technology.''.
       (c) Clerical Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 5308 and inserting the following:

``5308. Clean fuels formula grant program.''.

     SEC. ____08. CAPITAL INVESTMENT GRANTS AND LOANS.

       (a) In General.--Section 5309 of title 49, United States 
     Code, is amended in the section heading, by striking 
     ``Discretionary'' and inserting ``Capital investment''.
       (b) Allocating Amounts.--Section 5309(m)(1) of title 49, 
     United States Code, is amended by striking ``Of the amounts 
     available for grants and loans under this section for each of 
     the fiscal years ending September 30, 1993-1997'' and 
     inserting ``After apportioning amounts for the purposes of 
     section 5308, of the amounts available for grants and loans 
     under this section for each of fiscal years 1993 through 
     2003''.
       (c) Conforming Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended in the item relating 
     to section 5309, by striking ``Discretionary'' and inserting 
     ``Capital investment''.

     SEC. ____09. TRANSIT SUPPORTIVE LAND USE.

       Section 5309(e)(3)(B) of title 49, United States Code, is 
     amended by inserting ``, and

[[Page S1653]]

     recognize reductions in local infrastructure costs achieved 
     through compact land use development'' before the semicolon.

     SEC. ____10. NEW STARTS.

       Section 5309(m) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(5) Not more than 8 percent of the amount made available 
     under paragraph (1)(B) in any fiscal year shall be available 
     for activities other than final design and construction.''.

     SEC. ____11. JOINT PARTNERSHIP FOR DEPLOYMENT OF INNOVATION.

       Section 5312 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(d) Joint Partnership Program for Deployment of 
     Innovation.--
       ``(1) Definition of consortium.--In this subsection, the 
     term `consortium'--
       ``(A) means--
       ``(i) 1 or more public or private organizations located in 
     the United States, that provides mass transportation service 
     to the public; and
       ``(ii) 1 or more businesses, including small- and medium-
     sized businesses, incorporated in a State, offering goods or 
     services or willing to offer goods and services to mass 
     transportation operators; and
       ``(B) may include, as additional members, public or private 
     research organizations located in the United States, or State 
     or local governmental authorities.
       ``(2) General authority.--The Secretary may, under terms 
     and conditions that the Secretary prescribes, enter into 
     grants, contracts, cooperative agreements, and other 
     agreements with consortia selected in accordance with 
     paragraph (4), to promote the early deployment of innovation 
     in mass transportation technology, services, management, or 
     operational practices. This paragraph shall be carried out in 
     consultation with the transit industry by competitively 
     selected public/private partnerships that will share costs, 
     risks, and rewards of early deployment of innovation with 
     broad applicability.
       ``(3) Consortium contribution.--A consortium assisted under 
     this subsection shall provide not less than 50 percent of the 
     costs of any joint partnership project. Any business, 
     organization, person, or governmental body may contribute 
     funds to a joint partnership project.
       ``(4) Notice requirement.--The Secretary shall periodically 
     give public notice of the technical areas for which joint 
     partnerships are solicited, required qualifications of 
     consortia desiring to participate, the method of selection 
     and evaluation criteria to be used in selecting participating 
     consortia and projects, and the process by which innovation 
     projects described in paragraph (1) will be awarded.
       ``(5) Use of revenues.--The Secretary shall, to the maximum 
     extent practicable, accept a portion of the revenues 
     resulting from sales of an innovation project funded under 
     this section, to be credited to the Mass Transit Account of 
     the Highway Trust Fund and used for joint partnership 
     projects in accordance with this subsection.''.

     SEC. ____12. WORKPLACE SAFETY.

       Section 5315(a) of title 49, United States Code, is 
     amended--
       (1) in paragraph (13), by striking ``and'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(15) workplace safety.''.

     SEC. ____13. UNIVERSITY TRANSPORTATION CENTERS.

       (a) In General.--Subchapter IV of chapter 52 of title 49, 
     United States Code (as added by section 2003(a) of this Act), 
     is repealed effective 1 day after the date of enactment of 
     this Act.
       (b) Repeal.--
       (1) In general.--Section 2003(b) of this Act, and the 
     amendments made by that section, are repealed effective 1 day 
     after the date of enactment of this Act.
       (2) Applicability.--Effective 1 day after the date of 
     enactment of this Act, sections 5316 and 5317 of title 49, 
     United States Code, and the items relating to sections 5316 
     and 5317 in the analysis for chapter 53 of title 49, United 
     States Code, shall be applied and administered as if section 
     2003(b) of this Act had not been enacted.

     SEC. ____14. JOB ACCESS GRANTS.

       (a) Findings.--Congress finds that--
       (1) two-thirds of all new jobs are in the suburbs, whereas 
     three-quarters of welfare recipients live in rural areas or 
     central cities;
       (2) even in metropolitan areas with excellent public 
     transit systems, less than half of the jobs are accessible by 
     transit;
       (3) in 1991, the median price of a new car was equivalent 
     to 25 weeks of salary for the average worker, and 
     considerably more for the low-income worker;
       (4) not fewer than 9,000,000 households and 10,000,000 
     Americans of driving age, most of whom are low-income 
     workers, do not own cars;
       (5) 94 percent of welfare recipients do not own cars;
       (6) nearly 40 percent of workers with annual incomes below 
     $10,000 do not commute by car;
       (7) many of the 2,000,000 Americans who will have their 
     Temporary Assistance to Needy Families grants (under the 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.)) terminated by the year 
     2002 will be unable to get to jobs they could otherwise hold; 
     and
       (8) increasing the transit options for low-income workers, 
     especially those who are receiving or who have recently 
     received welfare benefits, will increase the likelihood of 
     those workers getting and keeping jobs.
       (b) Grant Authority.--
       (1) In general.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5320 the 
     following:

     ``Sec. 5320a. Access to jobs

       ``(a) Definitions.--In this section:
       ``(1) Eligible low-income individual.--The term `eligible 
     low-income individual' means an individual whose family 
     income is at or below 150 percent of the poverty line (as 
     that term is defined in section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)), including any 
     revision required by that section) for a family of the size 
     involved.
       ``(2) Eligible project.--The term `eligible project' means 
     a project relating to the development of transportation 
     services designed to transport welfare recipients and 
     eligible low-income individuals to and from jobs and 
     activities related to their employment, including--
       ``(A) capital projects and to finance operating costs of 
     equipment, facilities, and associated capital maintenance 
     items related to providing access to jobs under this section;
       ``(B) promoting the use of transit by workers with 
     nontraditional work schedules;
       ``(C) promoting the use by appropriate agencies of transit 
     vouchers for welfare recipients and eligible low-income 
     individuals under specific terms and conditions developed by 
     the Secretary; and
       ``(D) promoting the use of employer-provided transportation 
     including the transit pass benefit program under subsections 
     (a) and (f) of section 132 of title 26.
       ``(3) Existing transportation service providers.--The term 
     `existing transportation service providers' means mass 
     transportation operators and governmental agencies and 
     nonprofit organizations that receive assistance from Federal, 
     State, or local sources for nonemergency transportation 
     services.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(5) Qualified entity.--The term `qualified entity' 
     means--
       ``(A) with respect to any proposed eligible project in an 
     urbanized area with a population of not less than 200,000, 
     the entity or entities selected by the appropriate 
     metropolitan planning organization, in coordination with 
     affected transit grant recipients (as provided in subsection 
     (g)(2)), from among local governmental authorities and 
     nonprofit organizations; and
       ``(B) with respect to any proposed eligible project in an 
     urbanized area with a population of less than 200,000, or an 
     area other than an urbanized area, the entity or entities 
     selected by the chief executive officer of the State in which 
     the area is located, in coordination with affected transit 
     grant recipients (as provided in subsection (g)(2)), from 
     among local governmental authorities and nonprofit 
     organizations.
       ``(6) Welfare recipient.--The term `welfare recipient' 
     means an individual who receives or received aid or 
     assistance under a State program funded under part A of title 
     IV of the Social Security Act (whether in effect before or 
     after the effective date of the amendments made by title I of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
     2110)) at any time during the 3-year period before the date 
     on which the applicant applies for a grant under this 
     section.
       ``(b) General Authority.--
       ``(1) In general.--The Secretary may make grants under this 
     section to assist qualified entities in financing eligible 
     projects.
       ``(2) Coordination.--The Secretary shall coordinate 
     activities under this section with related activities under 
     programs of other Federal departments and agencies.
       ``(c) Applications.--Each qualified entity seeking to 
     receive a grant under this section for an eligible project 
     shall submit to the Secretary an application in such form and 
     in accordance with such requirements as the Secretary shall 
     establish by regulation.
       ``(d) Prohibition.--Grants awarded under this section may 
     not be used for planning or coordination activities.
       ``(e) Factors for Consideration.--In awarding grants under 
     this section to applicants under subsection (c), the 
     Secretary shall consider--
       ``(1) the percentage of the population in the area to be 
     served by the applicant that are welfare recipients;
       ``(2) the need for additional services in the area to be 
     served by the applicant to transport welfare recipients and 
     eligible low-income individuals to and from specified jobs, 
     training, and other employment support services, and the 
     extent to which the proposed services will address those 
     needs;
       ``(3) the extent to which the applicant demonstrates 
     coordination with, and the financial commitment of, existing 
     transportation service providers;
       ``(4) the extent to which the applicant demonstrates 
     maximum utilization of existing transportation service 
     providers and expands transit networks or hours of service, 
     or both;
       ``(5) the extent to which the applicant demonstrates an 
     innovative approach that is responsive to identified service 
     needs;
       ``(6) the extent to which the applicant--
       ``(A) presents a regional transportation plan for 
     addressing the transportation needs

[[Page S1654]]

     of welfare recipients and eligible low-income individuals; 
     and
       ``(B) identifies long-term financing strategies to support 
     the services under this section; and
       ``(7) the extent to which the applicant demonstrates that 
     the community to be served has been consulted in the planning 
     process.
       ``(f) Federal Share of Costs.--
       ``(1) Maximum amount.--The amount of a grant under this 
     section may not exceed 50 percent of the total project cost.
       ``(2) Nongovernmental share.--The portion of the total cost 
     of an eligible project that is not funded under this 
     section--
       ``(A) shall be provided in cash from sources other than 
     revenues from providing mass transportation; and
       ``(B) may be derived from amounts made available to a 
     department or agency of the Federal Government (other than 
     the Department of Transportation) that are eligible to be 
     expended for transportation.
       ``(g) Planning Requirements.--
       ``(1) In general.--The requirements of sections 5303 
     through 5306 apply to any grant made under this section.
       ``(2) Coordination.--Each application for a grant under 
     this section shall reflect coordination with and the approval 
     of affected transit grant recipients, and the eligible 
     projects financed must be part of a coordinated public 
     transit-human services transportation planning process.
       ``(h) Grant Requirements.--A grant under this section shall 
     be subject to--
       ``(1) all of the terms and conditions to which a grant made 
     under section 5307 is subject; and
       ``(2) such other terms and conditions as determined by the 
     Secretary.
       ``(i) Program Evaluation.--
       ``(1) Comptroller general.--Beginning 6 months after the 
     date of enactment of this section, and every 6 months 
     thereafter, the Comptroller General of the United States 
     shall--
       ``(A) conduct a study to evaluate the grant program 
     authorized under this section; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report describing the results of each study under 
     subparagraph (A).
       ``(2) Department of transportation.--Not later than 2 years 
     after the date of enactment of this section, the Secretary 
     shall--
       ``(A) conduct a study to evaluate the access to jobs grant 
     program authorized under this section; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report describing the results of the study under 
     subparagraph (A).
       ``(j) Funding; Allocation.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $100,000,000 for each of fiscal 
     years 1998 through 2003. Such amounts shall remain available 
     until expended.
       ``(2) Allocation.--The amount made available to carry out 
     this section in each fiscal year shall be allocated as 
     follows:
       ``(A) 60 percent shall be allocated for eligible projects 
     in urbanized areas with populations of not less than 200,000.
       ``(B) 20 percent shall be allocated for eligible projects 
     in urbanized areas with populations of less than 200,000.
       ``(C) 20 percent shall be allocated for eligible projects 
     in areas other than urbanized areas.''.
       (2) Conforming amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5320 the following:

``5320a.  Access to jobs.''.

     SEC. ____15. GRANT REQUIREMENTS.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(m) Grant Requirements.--The grant requirements under 
     sections 5307 and 5309 apply to any project under this 
     chapter that receives any assistance from an infrastructure 
     bank or through other financing under subtitle C of title I 
     of the Intermodal Surface Transportation Efficiency Act of 
     1997.''.

     SEC. ____16. HHS AND PUBLIC TRANSIT SERVICE.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(n) Participation of Governmental Agencies in Design and 
     Delivery of Transportation Services.--To the extent feasible, 
     governmental agencies and nonprofit organizations that 
     receive assistance from Government sources (other than the 
     Department of Transportation) for nonemergency transportation 
     services--
       ``(1) shall participate and coordinate with recipients of 
     assistance under this chapter in the design and delivery of 
     transportation services; and
       ``(2) shall be included in the planning for those 
     services.''.

     SEC. ____17. PROCEEDS FROM THE SALE OF TRANSIT ASSETS.

       Section 5334(g) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(4) Notwithstanding any other provision of law, if a 
     recipient of assistance under this chapter determines that an 
     asset (including real property) acquired with such assistance 
     is no longer needed for the purpose for which it was 
     acquired, the recipient may sell that asset with no further 
     obligation to the Government, if the proceeds of the sale are 
     used for the provision of mass transportation services in 
     accordance with this chapter.''.

     SEC. ____18. OPERATING ASSISTANCE FOR SMALL TRANSIT 
                   AUTHORITIES IN LARGE URBANIZED AREAS.

       Section 5336(d) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(3) In distributing operating assistance under this 
     subsection to urbanized areas with a population of 1,000,000 
     or more under the most recent census, the Secretary shall 
     direct each such area to give priority consideration to the 
     impact of reductions on operating assistance on smaller 
     transit authorities operating within the area and to consider 
     the needs and resources of such transit authorities.''.

     SEC. ____19. APPORTIONMENT OF APPROPRIATIONS FOR FIXED 
                   GUIDEWAY MODERNIZATION.

       (a) Distribution.--Section 5337(a) of title 49, United 
     States Code, is amended to read as follows:
       ``(a) Distribution.--The Secretary of Transportation shall 
     apportion amounts made available for fixed guideway 
     modernization under section 5309 for each of fiscal years 
     1998, 1999, 2000, 2001, 2002, and 2003 as follows:
       ``(1) The first $497,700,000 shall be apportioned in the 
     following urbanized areas as follows:
       ``(A) Baltimore, $8,372,000.
       ``(B) Boston, $38,948,000.
       ``(C) Chicago/Northwestern Indiana, $78,169,000.
       ``(D) Cleveland, $9,509,500.
       ``(E) New Orleans, $1,730,588.
       ``(F) New York, $176,034,461.
       ``(G) Northeastern New Jersey, $50,604,653.
       ``(H) Philadelphia/Southern New Jersey, $58,924,764.
       ``(I) Pittsburgh, $13,662,463.
       ``(J) San Francisco, $33,989,571.
       ``(K) Southwestern Connecticut, $27,755,000.
       ``(2) The next $70,000,000 shall be apportioned as follows:
       ``(A) 50 percent in the urbanized areas listed in paragraph 
     (1), as provided in section 5336(b)(2)(A).
       ``(B) 50 percent in other urbanized areas eligible for 
     assistance under section 5336(b)(2)(A) to which amounts were 
     apportioned under this section for fiscal year 1997, as 
     provided in section 5336(b)(2)(A) and subsection (e) of this 
     section.
       ``(3) The next $5,700,000 shall be apportioned in the 
     following urbanized areas as follows:
       ``(A) Pittsburgh, 61.76 percent.
       ``(B) Cleveland, 10.73 percent.
       ``(C) New Orleans, 5.79 percent.
       ``(D) 21.72 percent in urbanized areas to which paragraph 
     (2)(B) applies, as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.
       ``(4) The next $186,600,000 shall be apportioned in each 
     urbanized area to which paragraph (1) applies and in each 
     urbanized area to which paragraph (2)(B) applies, as provided 
     in section 5336(b)(2)(A) and subsection (e) of this section.
       ``(5) The next $140,000,000 shall be apportioned as 
     follows:
       ``(A) 65 percent in the urbanized areas listed in paragraph 
     (1) as provided in section 5336(b)(2)(A) and subsection (e) 
     of this section.
       ``(B) 35 percent to other urbanized areas eligible for 
     assistance under section 5336(b)(2)(A), if the areas contain 
     fixed guideway systems placed in revenue service not less 
     than 7 years before the fiscal year in which amounts are made 
     available, and in any urbanized area if, before the first day 
     of that fiscal year, the area satisfies the Secretary that 
     the area has modernization needs that cannot adequately be 
     met with amounts received under section 5336(b)(2)(A), as 
     provided in section 5336(b)(2)(A) and subsection (e) of this 
     section.
       ``(6) The next $100,000,000 shall be apportioned as 
     follows:
       ``(A) 60 percent in the urbanized areas listed in paragraph 
     (1) as provided in section 5336(b)(2)(A) and subsection (e) 
     of this section.
       ``(B) 40 percent to urbanized areas to which paragraph 
     (5)(B) applies, as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.
       ``(7) Remaining amounts shall be apportioned as follows:
       ``(A) 50 percent in the urbanized areas listed in paragraph 
     (1) as provided in section 5336(b)(2)(A) and subsection (e) 
     of this section.
       ``(B) 50 percent to urbanized areas to which paragraph 
     (5)(B) applies, as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.''.
       (b) Route Segments To Be Included in Apportionment 
     Formulas.--Section 5337 of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(e) Route Segments To Be Included in Apportionment 
     Formulas.--
       ``(1) Amounts apportioned under paragraphs (2)(B), (3), and 
     (4) of subsection (a) shall have attributable to each 
     urbanized area only the number of fixed guideway revenue 
     miles of service and number of fixed guideway route miles for 
     segments of fixed guideway systems used to determine 
     apportionments for fiscal year 1997.
       ``(2) Amounts apportioned under paragraphs (5) through (7) 
     of subsection (a) shall have attributable to each urbanized 
     area only the number of fixed guideway revenue

[[Page S1655]]

     miles of service and number of fixed guideway route-miles for 
     segments of fixed guideway systems placed in revenue service 
     not less than 7 years before the fiscal year in which amounts 
     are made available.''.

     SEC. ____20. URBANIZED AREA FORMULA STUDY.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study to determine whether the formula for apportioning funds 
     to urbanized areas under section 5336 of title 49, United 
     States Code accurately reflects the transit needs of the 
     urbanized areas and, if not, whether any changes should be 
     made either to the formula or through some other mechanism to 
     reflect the fact that some urbanized areas with a population 
     between 50,000 and 200,000 have transit systems that carry 
     more passengers per mile or hour than the average of those 
     transit systems in urbanized areas with a population over 
     200,000.
       (b) Report.--Not later than December 31, 1999, the 
     Secretary of Transportation shall transmit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate a report on the results of the 
     study conducted under this section, together with any 
     proposed changes to the method for apportioning funds to 
     urbanized areas with a population over 50,000.
                                 ______
                                 

                 ALLARD (AND GRAMS) AMENDMENT NO. 1932

  (Ordered to lie on the table.)
  Mr. ALLARD (for himself and Mr. Grams) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       On page ____, strike lines ____ through ____, and insert 
     the following:
       ``(5) Remaining amounts shall be apportioned in urbanized 
     areas eligible for assistance under section 5336(b)(2)(A) 
     that are not described in paragraph (1) of this subsection, 
     if the areas contain fixed guideway systems placed in revenue 
     service not less than 7 years before the fiscal year in which 
     amounts are made available, and in any urbanized area if, 
     before the first day of that fiscal year, the area satisfies 
     the Secretary that the area has modernization needs that 
     cannot adequately be met with amounts received under section 
     5336(b)(2)(A), as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.''.
       At the appropriate place, insert the following:

     SEC. ____. ALLOCATION OF CAPITAL INVESTMENT GRANTS AND LOANS 
                   FOR NEW STARTS.

       Section 5309(m)(1)(B) of title 49, United States Code, is 
     amended by inserting before the semicolon at the end the 
     following: ``, of which any amount in excess of $760,000,000 
     is available exclusively for projects for new fixed guideway 
     systems, and extensions to existing fixed guideway systems 
     placed in revenue service not more than 15 years before the 
     fiscal year for which amounts are made available''.

                          ____________________