[Congressional Record Volume 144, Number 25 (Wednesday, March 11, 1998)]
[Senate]
[Pages S1785-S1795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1997

                                 ______
                                 

                       BREAUX AMENDMENT NO. 1950

  (Ordered to lie on the table.)
  Mr. BREAUX 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:

       At the appropriate place insert:

     SECTION 1010. GRADE CROSSING ELIMINATION PROGRAM

       SEC. 1402. RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN 
     HIGH SPEED RAIL CORRIDORS.
       Section 104(d) of title 23, United States Code, is amended 
     by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Railway-highway crossing hazard elimination in high 
     speed rail corridors.--

[[Page S1786]]

       ``(A) In general.--Before making an apportionment of funds 
     under subsection (b)(3) for a fiscal year, the Secretary 
     shall set aside $50,000,000 of the funds authorized to be 
     appropriated for the surface transportation program for 
     fiscal year 1999, $100,000,000 of the funds authorized to be 
     appropriated for the surface transportation program for the 
     fiscal year 2000, $150,000,000 of the funds authorized to be 
     appropriated for the surface transportation program for 
     fiscal year 2001, $150,000,000 of the funds authorized to be 
     appropriated for the surface transportation program for 
     fiscal year 2003, to be used for elimination of hazards of 
     railway-highway crossings, and $150,000,000 of the funds 
     authorized to be appropriated for the surface transportation 
     program for fiscal year 2002, to be used for elimination of 
     hazards of railway-highway crossings.
       ``(B) Eligible corridors.--Funds made available under 
     subparagraph (A) shall be expended for projects in--
       ``(i) 5 railway corridors selected by the Secretary in 
     accordance with this subsection (as in effect on the day 
     before the date of enactment of this clause); and
       ``(ii) 3 railway corridors selected by the Secretary in 
     accordance with subparagraphs (C) and (D).
       ``(C) Required inclusion of high speed rail lines.--A 
     corridor selected by the Secretary under subparagraph (B) 
     shall include rail lines where railroad speeds of 90 miles or 
     more per hour are occurring or can reasonably be expected to 
     occur in the future.
       ``(D) Considerations in corridor selection.--In selecting 
     corridors under subparagraph (B), the Secretary shall 
     consider--
       ``(i) projected rail ridership volume in each corridor;
       ``(ii) the percentage of each corridor over which a train 
     will be capable of operating at its maximum cruise speed 
     taking into account such factors as topography and other 
     traffic on the line:
       ``(iii) projected benefits to nonriders such as congestion 
     relief on other modes of transportation serving each corridor 
     (including congestion in heavily traveled air passenger 
     corridors);
       ``(iv) the amount of State and local financial support that 
     can reasonably be anticipated for the improvement of the line 
     and related facilities; and
       ``(v) the cooperation of the owners of the right-of-way 
     that can reasonably be expected in the operation of high 
     speed rail passenger service in each corridor.''.

               Swift Rail Development Act Reauthorization

       SEC.  . HIGH SPEED RAIL PLANNING AND DEVELOPMENT.
       (a) Authorization of Appropriations.--Section 26104 of 
     title 49, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (h); and
       (2) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Fiscal Year 1999.--(1) There are authorized to be 
     appropriated to the Secretary $40,000,000 for fiscal year 
     1999, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $30,000,000 for fiscal year 1999, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(e) Fiscal Year 2000.--(1) There are authorized to be 
     appropriated to the Secretary $40,000,000 for fiscal year 
     2000, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $30,000,000 for fiscal year 2000, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(f) Fiscal Year 2001.--(1) There are authorized to be 
     appropriated to the Secretary $40,000,000 for fiscal year 
     2001, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $30,000,000 for fiscal year 2001, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(g) Fiscal Year 2002.--(1) There are authorized to be 
     appropriated to the Secretary $40,000,000 for fiscal year 
     2002, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $30,000,000 for fiscal year 2002, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).''.
       (b) Definition.--Section 26105(2) of title 49, United 
     States Code, is amended to read as follows:
       ``(2) the term `high-speed rail' means all forms of 
     nonhighway ground transportation that run on rails or 
     electromagnetic guideways providing transportation service 
     which is--
       ``(A) reasonably expected to reach sustained speeds of more 
     than 125 miles per hour; and
       ``(B) made available to members of the general public as 
     passengers, but does not include rapid transit operations 
     within an urban area that are not connected to the general 
     rail system of transportation;''.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 1951

  Mr. CHAFEE proposed an amendment to amendment No. 1676 proposed by 
him 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 18, between lines 19 and 20, 
     insert the following:
       (g) Additional Allocations.--
       (1) In general.--For each of fiscal years 1999 through 
     2003, 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 allocate to 
     each of the following States the following amount specified 
     for the State:
       (A) Arizona: $7,016,000.
       (B) Indiana: $9,290,000.
       (C) Michigan: $11,158,000.
       (D) Oklahoma: $6,924,000.
       (E) South Carolina: $7,109,000.
       (F) Texas: $20,804,000.
       (G) Wisconsin: $7,699,000.
       (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 less than 
     the obligation limitation established for fiscal year 1998.
       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, 
     $31,000,000 for fiscal year 1999, $34,000,000 for fiscal year 
     2000, $37,000,000 for fiscal year 2001, $40,000,000 for 
     fiscal year 2002, and $44,000,000 for fiscal year 2003.
                                 ______
                                 

                  BOND (AND OTHERS) AMENDMENT NO. 1952

  Mr. BOND (for himself, Mr. Reid, and Mr. Chafee) proposed an 
amendment 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;
       (B) the difficulty in making lane changes; and
       (C) 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.
                                 ______
                                 

                McCAIN (AND HOLLINGS) AMENDMENT NO. 1953

  Mr. McCAIN (for himself and Mr. Hollings) proposed an amendment to 
amendment No. 1680 submitted by Mr. McCain to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       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, 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

[[Page S1787]]

       (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.''.

       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 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).

                                 ______
                                 

                        BOXER AMENDMENT NO. 1954

  (Ordered to lie on the table.)
  Mrs. BOXER 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 end of subtitle A of title I, add the following:

     SEC. 11____. HOLD HARMLESS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall allocate among the States amounts 
     sufficient to ensure that no State (except the State of 
     Massachusetts and a State that receives an allocation of 
     funds under section 105 of title 23, United States Code, or 
     under section 1102(c)) receives a share of the total 
     apportionments for any fiscal year for all Federal-aid 
     highway programs that is less than the average of the total 
     apportionments to the State during the period of fiscal years 
     1992 through 1997 for all Federal-aid highway programs.
       (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) Contract Authority.--
       (1) 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 section.
       (2) Contract authority.--Funds authorized under this 
     section 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) Reduction of Amounts.--
       (1) In general.--For each fiscal year, the amounts 
     described in paragraph (2) shall be reduced by such amount as 
     is necessary to offset the budgetary impact resulting from 
     subsection (a).
       (2) Amounts to be reduced.--The amounts referred to in 
     paragraph (1) are--
       (A) amounts available for obligation at the discretion of 
     the Secretary under--
       (i) the Interstate maintenance and other National Highway 
     System components of the Interstate and National Highway 
     System program under title 23, United States Code; and
       (ii) the surface transportation program under section 133 
     of that title; and
       (B) amounts that the Secretary may deduct for 
     administrative expenses under section 104(a) of title 23, 
     United States Code.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1955

  Mr. ABRAHAM (for himself and Mr. Levin) proposed an amendment to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 139, strike lines 22 through 24 and insert the 
     following:
       ``(A) is obtained by the State or a unit of local 
     government in the State, without violation of Federal law;
       ``(B) is incorporated into the project;
       ``(C) is not land described in section 138; and
       ``(D) does not influence the environmental assessment of 
     the project, including--
       ``(i) the decision as to the need to construct the project;
       ``(ii) the consideration of alternatives; and
       ``(iii) the selection of a specific location.
       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 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.''.

[[Page S1788]]

                                 ______
                                 

               BROWNBACK (AND OTHERS) AMENDMENT NO. 1956

  Mr. BROWNBACK (for himself, Mr. Moynihan, and Mr. Coverdell) proposed 
an amendment to amendment No. 1676 proposed by Mr. Chafee to the bill, 
S. 1173, supra; as follows:

       on page 309, between lines 3 and 4, insert the following:
       Section 8(d) of the National Trails System Act (43 U.S.C. 
     1247(d)) is amended by--
       (1) Striking ``The'' and inserting in lieu thereof, ``(1) 
     The'';
       (2) By adding at the end thereof the following new 
     paragraphs;
       ``(2) Consistent with the terms and conditions imposed 
     under paragraph (1), the Surface Transportation Board shall 
     approve a proposal for interim trail use of a railroad right-
     of-way unless--
       ``(A) at least half of the units of local government 
     located within the rail corridor for which the interim trail 
     use is proposed pass a resolution opposing the proposed trail 
     use; and
       ``(B) the resolution is transmitted to the Surface 
     Transportation Board within the applicable time requirements 
     for rail line abandonment proceedings.
       ``(3) The limitation in paragraph (2) shall not apply if a 
     State has assumed responsibility for the management of such 
     right-of-way.''
                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 1957

  Mr. WARNER (for Mrs. Hutchison) proposed an amendment to amendment 
No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as 
follows:

       On page 73, between line 18 and insert the following:
     nance of the system.
       ``(8) In addition to funds allocated under this section, a 
     state may, at its discretion, expend up to one-fourth of one 
     percent of its annual federal-aid apportionments under 
     104(b)(3) on initiatives to halt the evasion of payment of 
     motor fuel taxes.''
                                 ______
                                 

                       WARNER AMENDMENT NO. 1958

  Mr. WARNER (for Mr. Stevens) proposed an amendment 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''.
                                 ______
                                 

                CAMPBELL (AND OTHERS) AMENDMENT NO. 1959

  Mr. Campbell (for himself, Mr. Gramm, and Ms. Moseley-Braun) proposed 
an amendment to amendment No. 1676 proposed by Mr. Chafee to the bill, 
S. 1173, supra; as follows:

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

     SEC.   . LIMITATIONS.

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

                 WARNER (AND OTHERS) AMENDMENT NO. 1960

  Mr. WARNER (for himself, Mr. Chafee, and Mr. Baucus) proposed an 
amendment 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 18--
       (1) line 14, strike ``(1)'' and insert ``(1)(A)'';
       (2) line 17, strike ``(2)'' and insert ``(B)'';
       (3) line 19, strike the period and insert ``; or''; and
       (4) between lines 19 and 20, insert the following:
       (2) that are bordered by 2 navigable rivers listed under 33 
     USC 1804 that each comprise at least 10 percent of the 
     boundary of the State.
       Beginning on page 107, strike line 15 and all that follows 
     through page 108, line 6, and insert the following:
       ``(A) In general.--Subject to subparagraph (B), for each of 
     fiscal years 1998 through 2003, the Secretary shall allocate 
     on October 1, for use for highway bridge projects--
       ``(i) at least $20,000,000 of the amounts set aside under 
     paragraph (1) to any State that--

       ``(I) is apportioned for fiscal year 1998 under paragraphs 
     (1)(B), (1)(C)(i)(III), and (3)(A)(iii) of subsection (b) an 
     amount that is less than the amount apportioned to the State 
     for the highway bridge replacement and rehabilitation program 
     under section 144 for fiscal year 1997; and
       ``(II) was apportioned for that program for fiscal year 
     1997 an amount greater than $125,000,000; and

       ``(ii) at least $15,000,000 of the amounts set aside under 
     paragraph (1) to any State with respect to which the average 
     service life of the bridges in the State exceeds 46 years as 
     of the date of enactment of the Intermodal Surface 
     Transportation Efficiency Act of 1998.
       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), $10,000,000 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''.
       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.
       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

[[Page S1789]]

     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''.
       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 high speed railway corridor through at least 3 
     Gulf Coast States (as designated by the Secretary).
       At the end of subtitle A of title I, add the following:

     SEC. 11____. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

       (a) Purpose.--The purpose of this section is to authorize 
     the provision of assistance for, and support of, State and 
     local efforts concerning surface transportation issues 
     necessary to obtain the national recognition and economic 
     benefits of participation in the International Olympic 
     movement and the International Paralympic movement by hosting 
     international quadrennial Olympic and Paralympic events in 
     the United States.
       (b) Priority for Transportation Projects Relating to 
     Olympic and Paralympic Events.--Notwithstanding any other 
     provision of law, from funds available to carry out section 
     104(k) of title 23, United States Code, the Secretary may 
     give priority to funding for a transportation project 
     relating to an international quadrennial Olympic or 
     Paralympic event if--
       (1) the project meets the extraordinary needs associated 
     with an international quadrennial Olympic or Paralympic 
     event; and
       (2) the project is otherwise eligible for assistance under 
     section 104(k) of that title.
       (c) Transportation Planning Activities.--The Secretary may 
     participate in--
       (1) planning activities of States and metropolitan planning 
     organizations and transportation projects relating to an 
     international quadrennial Olympic or Paralympic event under 
     sections 134 and 135 of title 23, United States Code; and
       (2) developing intermodal transportation plans necessary 
     for the projects in coordination with State and local 
     transportation agencies.
       (d) Funding.--Notwithstanding section 541(a) of title 23, 
     United States Code, from funds made available under that 
     section, the Secretary may provide assistance for the 
     development of an Olympic and a Paralympic transportation 
     management plan in cooperation with an Olympic Organizing 
     Committee responsible for hosting, and State and local 
     communities affected by, an international quadrennial Olympic 
     or Paralympic event.
       (e) Transportation Projects Relating to Olympic and 
     Paralympic Events.--
       (1) In general.--The Secretary may provide assistance, 
     including planning, capital, and operating assistance, to 
     States and local governments in carrying out transportation 
     projects relating to an international quadrennial Olympic or 
     Paralympic event.
       (2) Federal share.--The Federal share of the cost of a 
     project assisted under this subsection shall not exceed 80 
     percent.
       (f) Eligible Governments.--A State or local government 
     shall be eligible to receive assistance under this section 
     only if the government is hosting a venue that is part of an 
     international quadrennial Olympics that is officially 
     selected by the International Olympic Committee.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated from the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section such sums 
     as are necessary for each of fiscal years 1998 through 2003.
       On page 8, line 4, insert ``and section 207(f)'' after 
     ``(f)''.
       On page 87, line 11, insert ``under subsection (e)'' after 
     ``program''.
       On page 89, line 16, insert ``under subsection (e)'' before 
     ``for''.
       On page 90, line 7, strike ``Notwithstanding'' and insert 
     ``Subject to subsection (f), notwithstanding''.
       On page 90, line 21, insert ``under subsection (e)'' after 
     ``program''.
       On page 91, line 10, add ``(other than subsection (f))'' at 
     the end.
       On page 91, line 16, strike the quotation marks and the 
     following period.
       On page 91, between lines 16 and 17, insert the following:
       ``(f) Additional Authorization of Contract Authority for 
     States With Indian Reservations.--
       ``(1) Availability to states.--Not later than October 1 of 
     each fiscal year, funds made available under paragraph (5) 
     for the fiscal year shall be made available by the Secretary, 
     in equal amounts, to each State that has within the 
     boundaries of the State all or part of an Indian reservation 
     having a land area of 10,000,000 acres or more.
       ``(2) Availability to eligible counties.--
       ``(A) In general.--Each fiscal year, each county that is 
     located in a State to which funds are made available under 
     paragraph (1), and that has in the county a public road 
     described in subparagraph (B), shall be eligible to apply to 
     the State for all or a portion of the funds made available to 
     the State under this subsection to be used by the county to 
     maintain such roads.
       ``(B) Roads.--A public road referred to in subparagraph (A) 
     is a public road that--
       ``(i) is within, adjacent to, or provides access to an 
     Indian reservation described in paragraph (1);
       ``(ii) is used by a school bus to transport children to or 
     from a school or Headstart program carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.); and
       ``(iii) is maintained by the county in which the public 
     road is located.
       ``(C) Allocation among eligible counties.--
       ``(i) In general.--Except as provided in clause (ii), each 
     State that receives funds under paragraph (1) shall provide 
     directly to each county that applies for funds the amount 
     that the county requests in the application.
       ``(ii) Allocation among eligible counties.--If the total 
     amount of funds applied for under this subsection by eligible 
     counties in a State exceeds the amount of funds available to 
     the State, the State shall equitably allocate the funds among 
     the eligible counties that apply for funds.
       ``(3) Supplementary funding.--For each fiscal year, the 
     Secretary shall ensure that funding made available under this 
     subsection supplements (and does not supplant)--
       ``(A) any obligation of funds by the Bureau of Indian 
     Affairs for road maintenance programs on Indian reservations; 
     and
       ``(B) any funding provided by a State to a county for road 
     maintenance programs in the county.
       ``(4) Use of unallocated funds.--Any portion of the funds 
     made available to a State under this subsection that is not 
     made available to counties within 1 year after the funds are 
     made available to the State shall be apportioned among the 
     States in accordance with section 104(b).
       ``(5) Set-aside.--For each of fiscal years 1998 through 
     2003, the Secretary shall set aside $1,500,000 from amounts 
     made available under section 541(a) of title 23 United States 
     Code.''
                                 ______
                                 

                 LEVIN (AND ABRAHAM) AMENDMENT NO. 1961

  Mr. WARNER (for Mr. Levin, for himself and Mr. Abraham) proposed an 
amendment 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 13, between lines 9 and 10, insert 
     the following:
       (6) Additional 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 161 individuals per square mile.
       (B) Vehicle miles traveled.--The amount determined for the 
     State under paragraph (2)(A) with respect to the factor 
     described in

[[Page S1790]]

     paragraph (2)(A)(ii) is greater than the national average 
     with respect to the factor determined under paragraph (2)(B).
       (C) Urban federal-aid lane miles.--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;

     is greater than or equal to 0.26.
       (D) Apportionments per capita.--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).
       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)''; 
     and
       (3) on page 14, line 1, strike ``(8)'' and insert ``(9)''.
                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 1962

  Mr. BAUCUS (for Mr. Daschle, for himself, Mr. Thomas, and Mr. Enzi) 
proposed an amendment to amendment No. 1676 proposed by Mr. Chafee to 
the bill, S. 1173, supra; as follows:

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

     SEC. ____. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO 
                   NONAMTRAK STATES.

       (a) In General.--Section 977(e)(1)(B) of the Taxpayer 
     Relief Act of 1997 (defining qualified expenses) is amended--
       (1) by striking ``and'' at the end of clause (iii) and all 
     that follows through ``clauses (i) and (iv).'', and
       (2) by adding after clause (iii) the following:
       ``(iv) capital expenditures related to State-owned rail 
     operations in the State,
       ``(v) any project that is eligible to receive funding under 
     section 5309, 5310, or 5311 of title 49, United States Code,
       ``(vi) any project that is eligible to receive funding 
     under section 130 or 152 of title 23, United States Code,
       ``(vii) the upgrading and maintenance of intercity primary 
     and rural air service facilities, and the purchase of 
     intercity air service between primary and rural airports and 
     regional hubs,
       ``(viii) the provision of passenger ferryboat service 
     within the State, and
       ``(ix) the payment of interest and principal on obligations 
     incurred for such acquisition, upgrading, maintenance, 
     purchase, expenditures, provision, and projects.''
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     977 of the Taxpayer Relief Act of 1997.
                                 ______
                                 

                        ROTH AMENDMENT NO. 1963

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

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

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

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

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

       (a) Extension of Taxes and Exemptions.--
       (1) The following provisions are each amended by striking 
     ``1999'' each place it appears and inserting ``2005'':
       (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax 
     on certain buses).
       (B) Section 4041(a)(2)(B) (relating to rate of tax on 
     special motor fuels), as amended by section 907(a)(1) of the 
     Taxpayer Relief Act of 1997.
       (C) Section 4041(m)(1)(A) (relating to certain alcohol 
     fuels), as amended by section 907(b) of the Taxpayer Relief 
     Act of 1997.
       (D) Section 4051(c) (relating to termination).
       (E) Section 4071(d) (relating to termination).
       (F) Section 4081(d)(1) (relating to termination).
       (G) Section 4221(a) (relating to certain tax-free sales).
       (H) Section 4481(e) (relating to period tax in effect).
       (I) Section 4482(c)(4) (relating to taxable period).
       (J) Section 4482(d) (relating to special rule for taxable 
     period in which termination date occurs).
       (K) Section 4483(g) (relating to termination of 
     exemptions).
       (L) Section 6156(e)(2) (relating to section inapplicable to 
     certain liabilities).
       (M) Section 6412(a) (relating to floor stocks refunds).
       (2) The following provisions are each amended by striking 
     ``2000'' each place it appears and inserting ``2007'':
       (A) Section 4041(b)(2)(C) (relating to termination).
       (B) Section 4041(k)(3) (relating to termination).
       (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

[[Page S1791]]

     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:


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

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

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

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

       ``(I) in the case of 10 percent gasohol, 6 cents per 
     gallon,
       ``(II) in the case of 7.7 percent gasohol, 4.62 cents per 
     gallon, and
       ``(III) in the case of 5.7 percent gasohol, 3.42 cents per 
     gallon.''.

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

     SEC. __003. MASS TRANSIT ACCOUNT.

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

     as such sections and Acts are in effect on the date of the 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998.''.
       (b) Conforming Amendment.--Paragraph (4) of section 9503(e) 
     is amended to read as follows:
       ``(4) Limitation.--Rules similar to the rules of subsection 
     (d) shall apply to the Mass Transit Account.''.
       (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

[[Page S1792]]

       (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.

     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.''.

     SEC. __009. 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.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1964

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him

[[Page S1793]]

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

       On page 91, line 23, strike ``$12,000,000'' and insert 
     ``$9,620,000''.
       On page 91, line 24, strike ``$12,000,000'' and insert 
     ``$9,620,000''.
       On page 91, line 25, strike ``$12,000,000'' and insert 
     ``$9,620,000''.
       On page 92, line 1, strike ``$10,000,000'' and insert 
     ``$9,320,000''.
       On page 92, line 2, strike ``$10,000,000'' and insert 
     ``$9,320,000''.
                                 ______
                                 

               KERREY (AND JEFFORDS) AMENDMENT NO. 19654

  (Ordered to lie on the table.)
  Mr. KERREY for himself and Mr. Jeffords) 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, and insert the 
     following:

     SEC. 14____. RURAL 2-LANE HIGHWAY SAFETY PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1501(a)), is amended by adding at the 
     end the following:

     ``Sec. 166. Rural 2-lane highway safety program

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish a 2-lane 
     rural highway safety program (referred to in this section as 
     the `program') to ensure the systematic improvement of rural 
     2-lane arterial and collector highways of substantial length 
     that are not on the National Highway System.
       ``(2) Principles.--Reconstruction under the program shall 
     be carried out in accordance with State standards and 
     policies and shall incorporate, in any combination, the 
     principles of--
       ``(A) safe alignment and cross-section design;
       ``(B) safe roadside conditions;
       ``(C) safety appurtenances;
       ``(D) durable and safe pavement design (especially long-
     term skid resistance);
       ``(E) grade crossing safety;
       ``(F) traffic engineering;
       ``(G) traffic calming;
       ``(H) access management;
       ``(I) bicycle and pedestrian features;
       ``(J) landscape design; or
       ``(K) historic preservation.
       ``(3) Cooperation with states and private sector.--The 
     Secretary shall carry out the program in cooperation with 
     State transportation departments and private sector experts 
     in highway safety design and landscape design, including 
     experts in transportation policy.
       ``(b) Apportionment.--For each fiscal year, the Secretary 
     shall apportion--
       ``(1) 50 percent of the amount made available under 
     subsection (e) to the States in the ratio that--
       ``(A) the number of miles in the State of rural 2-lane 
     arterial and collector surface roads that are not on the 
     National Highway System; bears to
       ``(B) the number of miles in all States of rural 2-lane 
     arterial and collector surface roads that are not on the 
     National Highway System; and
       ``(2) 50 percent of the amount made available under 
     subsection (e) to the States in the ratio that--
       ``(A) the percentage of the population of the State that 
     resides in rural areas; bears to
       ``(B) the percentage of the population of all States that 
     resides in rural areas.
       ``(c) Selection of Projects.--
       ``(1) In general.--Each State shall select projects to 
     receive funding under the program in a manner based on the 
     statewide transportation planning process of the State under 
     section 135.
       ``(2) Compatibility with management systems.--To the extent 
     that a State selects projects in accordance with a 
     functioning safety, pavement, bridge, or work zone management 
     system, projects selected under the program shall be 
     compatible with each management system.
       ``(d) Report to Congress.--
       ``(1) In general.--Not later than December 31, 2003, the 
     Secretary shall submit a report to Congress on the results of 
     the program.
       ``(2) Contents.--The report shall include--
       ``(A) detailed travel and accident data by class of vehicle 
     and roadway; and
       ``(B) an evaluation of the extent to which specific safety 
     design features and accident countermeasures have resulted in 
     lower accident rates, including reduced severity of injuries.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $150,000,000 for fiscal year 1998, 
     $125,000,000 for fiscal year 1999, $125,000,000 for fiscal 
     year 2000, $100,000,000 for fiscal year 2001, $100,000,000 
     for fiscal year 2002, and $100,000,000 for fiscal year 2003.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code (as amended by section 1501(b)), 
     is amended by adding at the end the following:

``166. Rural 2-lane highway safety program.''.

                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 1966

  (Ordered to lie on the table.)
  Mr. ABRAHAM 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 G of title III, insert 
     the following:

     SEC. 37____. AUTOMOBILE TRANSPORTERS.

       (a) In General.--Section 127 of title 23, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``No funds shall'' and 
     inserting ``Subject to subsection (i), no funds shall''; and
       (2) by adding at the end the following:
       ``(i) Certain Automobile Transporters.--
       ``(1) Automobile transporter defined.--For purposes of this 
     subsection, the term `automobile transporter' means any 
     vehicle combination designed and used specifically for the 
     transport of assembled highway vehicles.
       ``(2) Special rule.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, each axle of an automobile transporter 
     described in subparagraph (B) shall be subject to an 
     enforcement tolerance of an amount not to exceed 10 percent 
     of the gross weight of the automobile transporter.
       ``(B) Automobile transporters described.--An automobile 
     transporter is described in this paragraph if the automobile 
     transporter--
       ``(i) is manufactured after March 1, 1988;
       ``(ii) has a gross weight of not more than 88,000 pounds; 
     and
       ``(iii) is certified in accordance with the applicable 
     requirements for certification under part 567 of title 49, 
     Code of Federal Regulations, or any subsequent similar 
     regulations.''.
       (b) Removal of Cap on Heavy Use Vehicle Excise Tax.--
       (1) In general.--Section 4481(a) of the Internal Revenue 
     Code of 1986 (relating to imposition of tax) is amended--
       (A) by striking ``A tax'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), a 
     tax'';
       (B) by moving the text 2 ems to the right; and
       (C) by adding at the end the following new paragraph:
       ``(2) Special rule for automobile transporters.--In the 
     case of an automobile transporter (as defined in section 
     127(i) of title 23, United States Code) which has a taxable 
     gross weight over 80,000 pounds, the tax imposed under 
     paragraph (1) shall be, in lieu of the rate specified in the 
     table contained in paragraph (1), at the rate of $550 per 
     year plus $22 for each 1,000 pounds (or fraction thereof) in 
     excess of 80,000 pounds.''.
       (2) Effective date.--The amendments made by this subsection 
     take effect on July 1, 1998.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 1967

  (Ordered to lie on the table.)
  Mr. BROWNBACK 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 369, line 14, (of the reported bill), following 
     ``lithium salts'' insert: ``and other economically viable 
     methods''.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1968

  Mr. McCAIN proposed an amendment to amendment No. 1963 proposed by 
Mr. Roth  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 new section:
       ``SEC. X008. Notwithstanding any other provision of law, 
     existing provisions in the Internal Revenue Code of 1986 
     relating to ethanol fuels may not be extended beyond the 
     periods specified in the Code, as in effect prior to the date 
     of enactment of this Act.''
                                 ______
                                 

                      McCONNELL AMENDMENT NO. 1969

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

       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 under titles I and II of this Act, if 
     the entity or person is prevented, in whole or in part, from 
     complying with subsection (a) because a Federal court issues 
     a final order in which the court finds that the requirement 
     of subsection (a), or the program established under 
     subsection (a), is unconstitutional.
       (f) Review by Comptroller General.--Not later than 3 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall conduct a review of, and 
     publish and report to Congress findings and conclusions on, 
     the impact throughout the United States of administering the 
     requirement of subsection (a), including an analysis of--
       (1) in the case of small business concerns certified in 
     each State under subsection (d)

[[Page S1794]]

     as owned and controlled by socially and economically 
     disadvantaged individuals--
       (A) the number of the small business concerns; and
       (B) the participation rates of the small business concerns 
     in prime contracts and subcontracts funded under titles I and 
     II of this Act;
       (2) in the case of small business concerns described in 
     paragraph (1) that receive prime contracts and subcontracts 
     funded under titles I and II of this Act--
       (A) the number of the small business concerns;
       (B) the annual gross receipts of the small business 
     concerns; and
       (C) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (3) in the case of small business concerns described in 
     paragraph (1) that do not receive prime contracts and 
     subcontracts funded under titles I and II of this Act--
       (A) the annual gross receipts of the small business 
     concerns; and
       (B) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (4) in the case of business concerns that receive prime 
     contracts and subcontracts funded under titles I and II of 
     this Act, other than small business concerns described in 
     paragraph (2)--
       (A) the annual gross receipts of the business concerns; and
       (B) the net worth of individuals that own and control the 
     business concerns;
       (5) the rate of graduation from any programs carried out to 
     comply with the requirement of subsection (a) for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals;
       (6) the overall cost of administering the requirement of 
     subsection (a), including administrative costs, certification 
     costs, additional construction costs, and litigation costs;
       (7) any discrimination, on the basis of race, color, 
     national origin, or sex, against small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals;
       (8)(A) any other factors limiting the ability of small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals to compete for prime 
     contracts and subcontracts funded under titles I and II of 
     this Act; and
       (B) the extent to which any of those factors are caused, in 
     whole or in part, by discrimination based on race, color, 
     national origin, or sex;
       (9) any discrimination, on the basis of race, color, 
     national origin, or sex, against construction companies owned 
     and controlled by socially and economically disadvantaged 
     individuals in public and private transportation contracting 
     and the financial, credit, insurance, and bond markets;
       (10) the impact on small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals of--
       (A) the issuance of a final order described in subsection 
     (e) by a Federal court that suspends a program established 
     under subsection (a); or
       (B) the repeal or suspension of State or local 
     disadvantaged business enterprise programs; and
       (11) the impact of the requirement of subsection (a), and 
     any program carried out to comply with subsection (a), on 
     competition and the creation of jobs, including the creation 
     of jobs for socially and economically disadvantaged 
     individuals.
                                 ______
                                 

                        BYRD AMENDMENT NO. 1970

  Mr. CHAFEE (for Mr. Byrd) proposed an amendment to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       Beginning on page 369, strike line 22 and all that follows 
     through page 370, line 4, and insert the following:

     ``Sec. 509. Infrastructure investment needs report

       ``(a) In General.--Not later than January 31, 1999, and 
     January 31 of every second year thereafter, the Secretary 
     shall report to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives on--
       ``(1) estimates of the future highway and bridge needs of 
     the United States; and
       ``(2) the backlog of current highway and bridge needs.
       ``(b) Format.--
       ``(1) In general.--Each report under subsection (a) shall, 
     at a minimum, include explanatory materials, data, and tables 
     comparable in format to the report submitted in 1995 under 
     section 307(h) (as in effect on the day before the date of 
     enactment of this section).''
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 1971

  Mr. CHAFEE (for Ms. Moseley-Braun) 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:

     SEC.   . ROADSIDE SAFETY TECHNOLOGIES.

       (a) Crash Cushions.--
       (1) Guidance.--The Secretary 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 designs and 
     determining whether directive and nonredirective crash 
     cushions or other safety appurtenances should be installed at 
     specific highway locations.
                                 ______
                                 

                      SARBANES AMENDMENT NO. 1972

  Mr. CHAFEE (for Mr. Sarbanes) proposed an amendment 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  . 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).
                                 ______
                                 

               MOYNIHAN (AND HOLLINGS) AMENDMENT NO. 1973

  Mr. CHAFEE (for Mr. Moynihan for himself and Mr. Hollings) proposed 
an amendment 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:

     SEC.   PENNSYLVANIA STATION REDEVELOPMENT CORPORATION BOARD 
                   OF DIRECTORS.

       Section 1069(gg) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2011) is amended by adding 
     at the end the following: ``(3) In furtherance of the 
     redevelopment of this James A. Farley Post Office Building in 
     the city of New York, New York, into an intermodal 
     transportation facility and commercial center, the Secretary 
     of Transportation, the Federal Railroad Administrator, and 
     their designees are authorized to serve as ex officio members 
     of the Board of Directors of the Pennsylvania Station 
     Redevelopment Corporation.''.

     SEC.   UNION STATION REDEVELOPMENT CORPORATION BOARD OF 
                   DIRECTORS.

       Subchapter I of chapter 18 of title 40 of the United States 
     Code is amended by adding a new section at the end thereof as 
     follows:
       ``Section 820. Union Station Redevelopment Corporation
       ``To further the rehabilitation, redevelopment and 
     operation of the Union Station complex, the Secretary of 
     Transportation, the Federal Railroad Administrator, and their 
     designees are authorized to serve as ex officio members of 
     the Board of Directors of the Union Station Redevelopment 
     Corporation.''.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1974

  Mr. CHAFEE (for Mr. McCain) proposed an amendment to amendment No. 
1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 91, line 23, strike ``$12,000,000'' and insert 
     ``$9,620,000''.
       On page 91, line 24, strike ``$12,000,000'' and insert 
     ``$9,620,000''.
       On page 91, line 25, strike ``$12,000,000'' and insert 
     ``$9,620,000''.
       On page 92, line 1, strike ``$10,000,000'' and insert 
     ``$9,320,000''.
       On page 92, line 2, strike ``$10,000,000'' and insert 
     ``$9,320,000''.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 1975

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

       On page 108, line 14, strike ``(A)'' and insert ``(A)(i)''.
                                 ______
                                 

               STEVENS (AND MURKOWSKI) AMENDMENT NO. 1976

  Mr. CHAFEE (for Mr. Stevens for himself and Mr. Murkowski) 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:

     SEC.  . REAUTHORIZATION OF FERRY AND FERRY TERMINAL PROGRAM.

       (a) Section 1064(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23

[[Page S1795]]

     U.S.C. 129 note) is amended by striking ``$14,000,000'' and 
     all that follows through ``this section'' and inserting in 
     lieu thereof ``$30,000,000 for fiscal year 1998, $25,000,000 
     for fiscal year 1999, $25,000,000 for fiscal year 2000, 
     $30,000,000 for fiscal year 2001, $35,000,000 for fiscal year 
     2002, and $35,000,000 for fiscal year 2003 in carrying out 
     this section, at least $12,000,000 of which in each such 
     fiscal year shall be obligated for the construction of ferry 
     boats, terminal facilities and approaches to such facilities 
     within marine highway systems that are part of the National 
     Highway System''.
       (b) In addition to the obligation authority provided in 
     subsection (a), there are authorized to be appropriated 
     $20,000,000 in each of fiscal years 1999, 2000, 2001, 2002, 
     and 2003 for the ferry boat and ferry terminal facility 
     program under section 1064 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 129 note).

     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.
                                 ______
                                 

                       CLELAND AMENDMENT NO. 1977

  Mr. WARNER (for Mr. Cleland) proposed an amendment 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--
       (1) in the undesignated paragraph relating to Alabama, by 
     inserting ``Hale,'' after ``Franklin,'';
       (2) in the undesignated paragraph relating to Georgia--
       (A) by inserting ``Elbert,'' after ``Douglas,''; and
       (B) by inserting ``Hart,'' after ``Haralson,'';
       (3) in the undesignated paragraph relating to Mississippi, 
     by striking ``and Winston'' and inserting ``Winston, and 
     Yalobusha''; and
       (4) in the undesignated paragraph relating to Virginia--
       (A) by inserting ``Montgomery,'' after ``Lee,''; and
       (B) by inserting ``Rockbridge,'' after ``Pulaski,''.
                                 ______
                                 

                      LIEBERMAN AMENDMENT NO. 1978

  (Ordered to lie on the table)
  Mr. LIEBERMAN 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 152, strike lines 9 through 12 and insert the 
     following:
       (2) by redesignating subsection (f) as subsection (h);
       (3) by striking subsections (a) through (e) and inserting 
     the following:
       On page 155, strike line 5 and insert the following:
     estimated total cost of $1,000,000,000 or more.
       ``(g) Analysis of Life-Cycle Costs.--
       ``(1) Program.--The Secretary shall establish a program 
     with recommendations to guide States in conducting, to the 
     extent appropriate, an analysis of the life-cycle costs of 
     each usable project segment on the National Highway System.
       ``(2) Basis.--The recommendations shall be based on the 
     principles contained in Executive Order No. 12893 (59 Fed. 
     Reg. 4233).
       ``(3) Analysis.--An analysis of life-cycle costs under 
     paragraph (1) shall consist of a process for evaluating the 
     total economic worth of a usable project segment by analyzing 
     the initial costs and discounted future costs of the project 
     segment, such as maintenance, reconstruction, rehabilitation, 
     restoration, and resurfacing costs, over the life of the 
     project segment.
       ``(4) User costs.--As part of the recommendations under 
     paragraph (1), the Secretary shall make recommendations on 
     the appropriate use of user costs as a factor in the analysis 
     of life-cycle costs.''.
                                 ______
                                 

               MURKOWSKI (AND STEVENS) AMENDMENT NO. 1979

  Mr. CHAFEE (for Mr. Murkowski, for himself and Mr. Stevens) proposed 
an amendment to amendment No. 1676 proposed by Mr. Chafee to the bill, 
S. 1173, as follows:

       On page 43, between lines 15 and 16, insert the following:
       ``(xiii) amounts set aside under section 11____.
       On page 136, after line 22, add the following:

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

       (a) Reconstruction Projects.--If the Secretary determines, 
     after consultation with the Secretary of Defense, that a 
     highway, or a portion of a highway, located outside the 
     United States is important to the national defense, the 
     Secretary may carry out a project for reconstruction of the 
     highway or portion of highway.
       (b) Funding.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary may set aside not to exceed $16,000,000 
     from amounts to be apportioned under section 104(b)(1)(A) of 
     title 23, United States Code, to carry out this section.
       (2) Availability.--Funds made available under paragraph (1) 
     shall remain available until expended.

                          ____________________