[Congressional Record Volume 144, Number 24 (Tuesday, March 10, 1998)]
[Senate]
[Pages S1706-S1709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1998

                                 ______
                                 

                      SESSIONS AMENDMENT NO. 1939

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

       On page 88, line 13, after ``greater'' insert ``and for 
     States in which administrative jurisdiction over federally 
     owned land has been or is at any time transferred to the 
     United States Fish and Wildlife Service for the preservation 
     of rare botanical ecosystems (including long leaf pine 
     ecosystems)''.
                                 ______
                                 

                 ALLARD (AND GRAMS) AMENDMENT NO. 1940

  Mr. ALLARD (for himself and Mr. Grams) proposed an amendment to 
amendment No. 1931 proposed by Mr. D'Amato to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 68, line 21, strike ``The next'' and all  that  
     follows  through  ``(7)''  on  page  70, line 1.
                                 ______
                                 

                SPECTER (AND OTHERS) AMENDMENT NO. 1941

  Mr. SPECTER (for himself, Mr. Santorum, Ms. Moseley-Braun, and Mr. 
D'Amato) proposed an amendment to amendment No. 1931 proposed by Mr. 
D'Amato to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 
1173, supra; as follows:

       On page 55, strike line 12, and insert the following:

     ``SEC.   14. JOB ACCESS AND REVERSE COMMUTE GRANTS.''

       On page 56, line 13, strike ``and''.
       On page 56, line 18, strike the period and insert ``; 
     and''.
       On page 56, between lines 18 and 19, insert the following:
       ``(9) many residents of cities and rural areas would like 
     to take advantage of mass transit to gain access to suburban 
     employment opportunities.''
       Beginning on page 57, strike line 9 and all that follows 
     through page 58, line 4, and insert the following:
       ``(2) Eligible project and related terms.--
       ``(A) In general.--The term `eligible project' means and 
     access to jobs project or a reverse commute project.
       ``(B) Access to jobs project.--The term `access to jobs 
     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--
       ``(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 program 
     under subsections (a) and (f) of section 132 of title 26.
       ``(C) Reverse commute project.--The term `reverse commute 
     project' means a project related to the development of 
     transportation services designed to transport residents of 
     urban areas, urbanized areas, and areas other than 
     urbanized areas to suburban employment opportunities, 
     including any project to--
       ``(i) subsidize the costs associated with adding reverse 
     commute bus, train, or van routes, or service from urban 
     areas, urbanized areas, and areas other than urbanized areas, 
     to suburban workplaces;
       ``(ii) 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 
     to a suburban workplace;
       ``(iii) otherwise facilitate the provision of mass 
     transportation services to suburban employment opportunities 
     to residents of urban areas, urbanized areas, and areas other 
     than urbanized areas.''
       On page 59, line 20, insert ``access to jobs grants and 
     reverse commute'' before ``grants''.

[[Page S1707]]

       On page 60, line 15, insert ``in the case of an applicant 
     seeking assistance to finance an access to jobs project,'' 
     after ``(2)''.
       On page 61, line 7, insert ``in the case of an applicant 
     seeking assistance to finance an access to jobs project,'' 
     before ``presents''.
       On page 61, line 13, strike ``and''.
       On page 61, line 16, strike the period and insert ``; and 
     ''.
       On page 61, between lines 16 and 17, insert the following:
       ``(8) in the case of an applicant seeking assistance to 
     finance a reverse commute project, 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.''
       On page 62, strike lines 13 through 18, and insert the 
     following:
       ``(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.''
       On page 64, strike lines 1 through 4 and insert the 
     following:
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section, to remain available until 
     expended, $250,000,000 for each of fiscal years 1998 through 
     2003, of which--
       ``(A) $150,000,000 in each fiscal year shall be used for 
     grants for access to jobs projects; and
       ``(B) $100,000,000 in each fiscal year shall be used for 
     grants for reverse commute projects.''
       On page 8, line 16, strike ``$100,000,000'' and insert 
     $250,000,000''.
       On page 11, line 16, strike ``, except'' and all that 
     follows through line 20 and insert a period.
                                 ______
                                 

                THOMAS (AND JOHNSON) AMENDMENT NO. 1942

  Mr. THOMAS (for himself and Mr. Johnson) proposed an amendment to 
amendment No. 1931 proposed by Mr. D'Amato to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 10, line 24, and page 11, lines 1 through 7, strike 
     ``$500,000,000'' each time it appears and insert in lieu 
     thereof ``$470,000,000.''
       On page 12, lines 3 through 7, strike ``$100,000,000'' each 
     time it appears and insert in lieu thereof ``$80,000,000.''
       On page 13, lines 19 through 23, strike ``$50,000,000'' 
     each time it appears and insert in lieu thereof 
     ``$100,000,000.''
                                 ______
                                 

                       NICKLES AMENDMENT NO. 1943

  Mr. D'AMATO (for Mr. Nickles) proposed an amendment to amendment No. 
1931 proposed by Mr. D'Amato to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

       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.''.
                                 ______
                                 

                 BOXER (AND HARKIN) AMENDMENT NO. 1944

  Mr. REED (for Mrs. Boxer, for herself and Mr. Harkin) proposed an 
amendment to the bill, S. 1173, supra; as follows:

       On page   , line   , insert ``and provides non-fixed 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''.
                                 ______
                                 

                 GRAHAM (AND MURRAY) AMENDMENT NO. 1945

  Mr. GRAHAM (for himself and Mrs. Murray) proposed an amendment to 
amendment No. 1931 proposed by Mr. D'Amato 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;
       ``(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.

[[Page S1708]]

       ``(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--
       ``(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.''.
                                 ______
                                 

                        ROBB AMENDMENT NO. 1946

  (Ordered to lie on the table.)
  Mr. ROBB submitted an amendment intended to be proposed by him to 
amendment No. 1748 submitted by him 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 corporation.--
       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.
                                 ______
                                 

                   SESSIONS AMENDMENTS NOS. 1947-1948

  (Ordered to lie on the table.)
  Mr. SESSIONS submitted two amendments intended to be proposed by him 
to amendment No. 1931 proposed by Mr. D'Amato to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1947

       On page 54, strike line 19 and all that follows through 
     page 55, line 11, and redesignate sections 14 through 20 as 
     sections 13 through 19, respectively.
                                  ____


                           Amendment No. 1948

       On page 49, strike lines 10 through 20 and insert the 
     following:
       ``(2) Hybrid electric and battery-powered bus program.--
       ``(A) Establishment.--The Secretary shall establish and 
     conduct a program to deploy and operationally test hybrid 
     electric- and battery-powered buses, and to assist in the 
     manufacture of such buses and the facilities and equipment 
     required to service such buses.
       ``(B) Duties of the secretary.--To carry out the program 
     established under subparagraph (A), the Secretary--
       ``(i) shall develop performance and safety standards for 
     the hybrid electric- and battery-powered buses that are 
     acquired or used in the deployment and testing program;
       ``(ii) shall, not later than 6 months after the date of 
     enactment of the Federal Transit Act of 1998, issue a request 
     for proposals to undertake battery-powered or electric hybrid 
     bus deployment and testing projects;
       ``(iii) shall request proposals that shall include--

       ``(I) the amount of cost-sharing to be provided by the 
     party making the proposal, including non-Federal funding or 
     in-kind services equal to or greater than 40 percent of the 
     total eligible costs of the project, if Federal funding for 
     the acquisition of electric or hybrid electric buses for the 
     project is equal to not more than 80 percent of such capital 
     costs;
       ``(II) a description of--

       ``(aa) the parties involved in the project, including 
     involvement of appropriate public transit authorities with 
     jurisdiction to service the territory in which the buses are 
     to be deployed and State and local agencies;
       ``(bb) the buses to be used; and
       ``(cc) the infrastructure, including necessary battery 
     charging or battery changing facilities, that will be 
     installed or utilized in support of the project; and

       ``(III) a description of the information expected to be 
     obtained from the project, the manner in which the buses will 
     be used after project completion, and the manner in which 
     such information will be disseminated to other organizations 
     and parties determined by the Secretary to have an interest 
     in electric or hybrid electric buses; and

       ``(iv) may, with respect to projects to include the 
     manufacture of buses, prescribe such cost-sharing and other 
     requirements as the Secretary deems necessary.
       ``(C) Grant awards.--Not later than 9 months after the date 
     of enactment of the Federal Transit Act of 1998, the 
     Secretary shall award grants to not fewer than 10 qualifying 
     projects.
       ``(D) Number of tests.--Each project selected for an award 
     under this paragraph shall seek to deploy and test not fewer 
     than 4 electric or hybrid electric buses. Projects selected 
     shall test buses in a diversity of applications and 
     demonstrate a variety of technologies, including battery-
     powered, fuel cell, and hybrid electric applications.
       ``(E) Limit on funding.--No project selected may receive 
     more than \1/10\ of the funds made available for grants under 
     this paragraph. In no case shall any State receive more than 
     15 percent of the total funds made available under this 
     subsection.
                                 ______
                                 

                        BOXER AMENDMENT NO. 1949

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

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

     SEC. __. LARGE ELECTRIC TRUCKS, VANS, AND BUSES ELIGIBLE FOR 
                   DEDUCTION FOR CLEAN-FUEL VEHICLES.

       (a) In General.--Paragraph (3) of section 179A(c) (defining 
     qualified clean-fuel vehicle property) is amended by 
     inserting ``, other than any vehicle described in subclause 
     (I) or (II) of subsection (b)(1)(A)(iii)'' after ``section 
     30(c))''.
       (b) Denial of Credit.--Subsection (c) of section 30 
     (relating to credit for qualified electric vehicles) is 
     amended by adding at the end the following new paragraph:
       ``(3) Denial of credit for vehicles for which deduction 
     allowable.--The term `qualified electric vehicle' shall not 
     include any vehicle described in subclause (I) or (II) of 
     section 179A(b)(1)(A)(iii).''
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service on or after the 
     date of enactment of this Act.

[[Page S1709]]



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