[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Senate]
[Pages S7610-S7647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2000

                                 ______
                                 

                    MOYNIHAN AMENDMENTS NOS. 738-860

  (Ordered to lie on the table.)
  Mr. MOYNIHAN submitted 123 amendments intended to be proposed by him 
to the bill (S. 1143) making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2000, and for other purposes; as follows:

                           Amendment No. 738

       At the appropriate place, insert:

     SEC. 3____. STATE AUTHORITY OVER CRUISES-TO-NOWHERE.

       Section 5 of the Act entitled ``An Act to prohibit 
     transportation of gambling devices in interstate and foreign 
     commerce'', approved January 2, 1951 (15 U.S.C. 1175), 
     (popularly known as the ``Johnson Act'') is amended--
       (1) in subsection (b)(2)(A), by striking ``enacted'' and 
     inserting ``in effect''; and
       (2) by adding at the end the following:
       ``(d) No Preemption of State Laws.--Nothing in this section 
     shall be construed to preempt the law of any State, the 
     District of Columbia, Indian tribe (as that term is defined 
     in section 4(e) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b(e)), or possession 
     of the United States.''.
                                  ____


                           Amendment No. 739

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. TRANSFER OF MOTOR CARRIER SAFETY FUNCTIONS FROM 
                   THE FEDERAL HIGHWAY ADMINISTRATION TO THE 
                   NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

       (a) Transfer of Functions from Federal Highway 
     Administration.--Section 104(c) of title 49, United States 
     Code, is amended--
       (1) in paragraph (1), by adding ``and'' at the end;
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Transfer of Functions to National Highway Traffic 
     Safety Administration.--Section 105(c) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) duties and powers related to motor carrier safety 
     vested in the Secretary by chapters 5 and 315; and''.
       (c) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect on the date that is 
     180 days after the date of enactment of this Act.
       (2) Actions by the secretary of transportation.--The 
     Secretary of Transportation may take such action as may be 
     necessary to ensure the orderly transfer of the duties and 
     powers related to motor carrier safety vested in the 
     Secretary by chapters 5 and 315 of title 49, United States 
     Code, and employees carrying out such duties and power, from 
     the Federal Highway Administration to the National Highway 
     Traffic Safety Administration.
                                  ____


                           Amendment No. 740

       On page 91, between lines 9 and 10, insert the following:

           TITLE ____--HIGHWAY TAX EQUITY AND SIMPLIFICATION

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Highway Tax Equity and 
     Simplification Act of 1999''.

     SEC. ____2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Congress should enact legislation to correct the 
     distribution of the tax burden among the various classes of 
     persons using the Federal-aid highways, or otherwise deriving 
     benefits from such highways;
       (2) the most recent highway cost allocation study by the 
     Department of Transportation found that owners of heavy 
     trucks significantly underpay Federal highway user fees 
     relative to the costs such vehicles impose on such highways, 
     while owners of lighter trucks and cars overpay such fees;
       (3) pavement wear and tear is directly correlated with 
     axle-weight loads and distance traveled, and to the maximum 
     extent possible, Federal highway user fees should be 
     structured based on this fundamental fact of use and 
     resulting cost;
       (4) the current Federal highway user fee structure is not 
     based on this fundamental fact of use and resulting cost; to 
     the contrary--
       (A) the 12-percent excise tax applied to the sales of new 
     trucks has no significant relationship to pavement damage or 
     road use and does the poorest job of improving tax equity,
       (B) the heavy vehicle use tax does not equitably apply to 
     heavy trucks (such tax is capped with respect to trucks 
     weighing over 75,000 pounds) and does not vary by annual 
     mileage, thus 2 heavy trucks traveling 10,000 miles and 
     100,000 miles, respectively, pay the same heavy vehicle use 
     tax, and
       (C) diesel fuel taxes do a poor job recovering pavement 
     costs because such taxes only increase marginally with weight 
     increases while pavement damage increases exponentially with 
     weight, and increasing the rates for diesel fuel will not 
     resolve this fundamental flaw;
       (5) truck taxes based on a combination of the weight of 
     vehicles and the distance such trucks travel provide greater 
     equity than a tax based on either of these 2 factors alone; 
     and
       (6) the States generally have in place mechanisms for 
     verifying the registered weight of trucks and the miles such 
     trucks travel.
       (b) Purposes.--The purposes of this title are--
       (1) to replace the heavy vehicle use tax and all other 
     Federal highway user charges (except fuel taxes) with a 
     Federal weight-distance tax which is designed to yield at 
     least equal revenues for highway purposes and to provide 
     equity among highway users; and
       (2) to provide that such a tax be administered in 
     cooperation with the States.

     SEC. ____3. REPEAL AND REDUCTION OF CERTAIN HIGHWAY TRUST 
                   FUND TAXES.

       (a) Repeal of Heavy Vehicle Use Tax.--Subchapter D of 
     chapter 36 of the Internal Revenue Code of 1986 (relating to 
     tax on use of certain vehicles) is repealed.
       (b) Repeal of Tax on Heavy Trucks and Trailers Sold at 
     Retail.--Section 4051(c) of the Internal Revenue Code of 1986 
     (relating to termination) is amended by striking ``October 1, 
     2005'' and inserting ``July 1, 2000''.
       (c) Repeal of Tax on Tires.--Section 4071(d) of the 
     Internal Revenue Code of 1986 (relating to termination) is 
     amended by striking ``October 1, 2005'' and inserting ``July 
     1, 2000''.
       (d) Reduction of Tax Rate on Diesel Fuel To Equal Rate on 
     Gasoline.--Section 4081(a)(2)((A)(iii) of the Internal 
     Revenue Code of 1986 (relating to rates of tax) is amended by 
     striking ``24.3 cents'' and inserting ``18.3 cents''.
       (e) Conforming Amendments.--
       (1) Section 4221(a) of the Internal Revenue Code of 1986 
     (relating to certain tax-free sales) is amended by striking 
     ``October 1, 2005'' and inserting ``July 1, 2000''.
       (2) Subchapter A of chapter 62 of such Code (relating to 
     place and due date for payment of tax) is amended by striking 
     section 6156.
       (3) The table of sections for subchapter A of chapter 62 of 
     such Code is amended by striking the item relating to section 
     6156.
       (4) Section 9503(b)(1) of such Code (relating to transfer 
     to Highway Trust Fund of amounts equivalent to certain taxes) 
     is amended by striking subparagraphs (B) and (C) and by 
     redesignating subparagraphs (D) and (E) as subparagraphs (B) 
     and (C), respectively

     SEC. ____4. TAX ON USE OF CERTAIN VEHICLES BASED ON WEIGHT-
                   DISTANCE RATE.

       (a) In General.--Chapter 36 of the Internal Revenue Code of 
     1986, as amended by section

[[Page S7611]]

     ____3(a), is amended by adding at the end the following:

             ``Subchapter D--Tax on Use of Certain Vehicles

``Sec. 4481. Imposition of tax.
``Sec. 4482. Definitions.
``Sec. 4483. Exemptions.
``Sec. 4484. Cross references.

     ``SEC. 4481. IMPOSITION OF TAX.

       ``(a) Imposition of Tax.--
       ``(1) In general.--A tax is hereby imposed on the use of 
     any highway motor vehicle (either in a single unit or 
     combination configuration) which, together with the 
     semitrailers and trailers customarily used in connection with 
     highway vehicles of the same type as such highway motor 
     vehicle, has a taxable gross weight of over 25,000 pounds at 
     the rate of--
       ``(A) the cents per mile rate specified in the table 
     contained in paragraph (2), or
       ``(B) in the case of a highway motor vehicle with a taxable 
     gross weight in excess of the weight for the highest rate 
     specified in such table for such vehicle, the cents per mile 
     rate specified in paragraph (3).
       ``(2) Rate specified in table.--The table contained in this 
     paragraph is as follows:


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Cents Per Mile
                                                --------------------------------------------------------------------------------------------------------
  Taxable Gross Weight in Thousands of Pounds     2-axle   3-axle  4-axle+
                                                  single   single   single     3-axle       4-axle       5-axle       6-axle       7-axle      8-axle+
                                                   unit     unit     unit   combination  combination  combination  combination  combination  combination
--------------------------------------------------------------------------------------------------------------------------------------------------------
Over 25 to 30..................................     0.50     0.00     0.00       0.00         0.00         0.00         0.00         0.00         0.00
Over 30 to 35..................................     1.00     0.25     0.00       0.00         0.00         0.00         0.00         0.00         0.00
Over 35 to 40..................................     3.00     0.50     0.00       0.50         0.00         0.00         0.00         0.00         0.00
Over 40 to 45..................................     5.00     1.50     0.50       1.00         0.00         0.00         0.00         0.00         0.00
Over 45 to 50..................................     8.00     3.00     1.00       1.50         0.25         0.00         0.00         0.00         0.00
Over 50 to 55..................................    12.00     6.00     2.00       2.50         0.50         0.25         0.00         0.00         0.00
Over 55 to 60..................................    21.00    10.00     4.00       3.50         1.00         0.50         0.00         0.00         0.00
Over 60 to 65..................................    30.00    17.00     7.00       5.00         2.50         1.00         0.25         0.00         0.00
Over 65 to 70..................................  .......    25.00    10.00       7.50         4.00         2.00         0.50         0.00         0.00
Over 70 to 75..................................  .......    33.00    14.00      11.00         5.50         3.00         1.25         0.00         0.00
Over 75 to 80..................................  .......    41.00    19.00      17.00         7.50         3.75         2.00         0.00         0.00
Over 80 to 85..................................  .......    50.00    24.00      25.00        13.00         7.00         4.00         0.50         0.00
Over 85 to 90..................................  .......  .......    30.00  ...........      19.00        11.00         6.00         1.00         0.00
Over 90 to 95..................................  .......  .......    36.00  ...........      25.00        15.00         8.50         1.50         0.25
Over 95 to 100.................................  .......  .......    42.00  ...........  ...........      20.00        11.00         2.00         0.50
Over 100 to 105................................  .......  .......    50.00  ...........  ...........      25.00        14.00         3.50         1.00
Over 105 to 110................................  .......  .......  .......  ...........  ...........      30.00        17.00         5.00         2.00
Over 110 to 115................................  .......  .......  .......  ...........  ...........      35.00        20.00         7.00         3.00
Over 115 to 120................................  .......  .......  .......  ...........  ...........  ...........      23.00         9.00         4.00
Over 120 to 125................................  .......  .......  .......  ...........  ...........  ...........      26.00        11.00         6.00
Over 125 to 130................................  .......  .......  .......  ...........  ...........  ...........      29.00        13.00         8.00
Over 130 to 135................................  .......  .......  .......  ...........  ...........  ...........      32.00        15.00        10.00
Over 135 to 140................................  .......  .......  .......  ...........  ...........  ...........      35.00        17.00        12.00
Over 140 to 145................................  .......  .......  .......  ...........  ...........  ...........  ...........      19.00        14.00
Over 145 to 150................................  .......  .......  .......  ...........  ...........  ...........  ...........      21.00        16.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


       ``(3) Rate specified in paragraph.--The cents per mile rate 
     specified in this paragraph is as follows:
       ``(A) In the case of any single unit highway motor vehicle 
     with 2 or more axles or any combination highway motor vehicle 
     with 3 or 4 axles, the highest rate specified in the table 
     contained in paragraph (2) for such vehicle, plus 10 cents 
     per mile for each 5000 pounds (or fraction thereof) in excess 
     of the taxable gross weight for such highest rate.
       ``(B) In the case of any combination highway motor vehicle 
     with 5 or 6 axles, the highest rate specified in the table 
     contained in paragraph (2) for such vehicle, plus 5 cents per 
     mile for each 5000 pounds (or fraction thereof) in excess of 
     the taxable gross weight for such highest rate.
       ``(C) In the case of any combination highway motor vehicle 
     with 7 or more axles, the highest rate specified in the table 
     contained in paragraph (2) for such vehicle, plus 2 cents per 
     mile for each 5000 pounds (or fraction thereof) in excess of 
     the taxable gross weight for such highest rate.
       ``(b) Determination of Number of Axles.--For purposes of 
     this section--
       ``(1) In general.--The total number of axles with respect 
     to any highway motor vehicle shall be determined without 
     regard to any variable load suspension axle, except if such 
     axle meets the requirements of paragraph (2).
       ``(2) Eligibility requirements.--The requirements of this 
     paragraph are as follows:
       ``(A) All controls with respect to the variable load 
     suspension axle are located outside of and inaccessible from 
     the driver's compartment of the highway motor vehicle.
       ``(B) The gross axle weight rating of all such axles with 
     respect to the highway motor vehicle shall conform to the 
     greater of--
       ``(i) the expected loading of the suspension of such 
     vehicle, or
       ``(ii) 9,000 pounds.
       ``(3) Variable load suspension axle defined.--The term 
     `variable load suspension axle' means an axle upon which a 
     load may be varied voluntarily while the highway motor 
     vehicle is enroute, whether by air, hydraulic, mechanical, or 
     any combination of such means.
       ``(4) Termination of exception.--The exception under 
     paragraph (1) shall not apply after June 30, 2004.
       ``(c) Determination of Miles.--
       ``(1) Use of certain toll facilities excluded.--For 
     purposes of this section, the number of miles any highway 
     motor vehicle is used shall be determined without regard to 
     the miles involved in the use of a facility described in 
     paragraph (2).
       ``(2) Toll facility.--A facility is described in this 
     paragraph if such facility is a highway, bridge, or tunnel, 
     the use of which is subject to a toll.
       ``(d) By Whom Paid.--The tax imposed by this section shall 
     be paid by the person in whose name the highway motor vehicle 
     is, or is required to be, registered under the law of the 
     State or contiguous foreign country in which such vehicle is, 
     or is required to be, registered, or, in case the highway 
     motor vehicle is owned by the United States, by the agency or 
     instrumentality of the United States operating such vehicle.
       ``(e) Time for Paying Tax.--The time for paying the tax 
     imposed by subsection (a) shall be the time prescribed by the 
     Secretary by regulations.
       ``(f) Period Tax in Effect.--The tax imposed by this 
     section shall apply only to use before October 1, 2005.

     ``SEC. 4482. DEFINITIONS.

       ``(a) Highway Motor Vehicle.--For purposes of this 
     subchapter, the term `highway motor vehicle' means any motor 
     vehicle which is a highway vehicle.
       ``(b) Taxable Gross Weight.--For purposes of this 
     subchapter--
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `taxable gross weight' means, when used with respect to 
     any highway motor vehicle, the maximum weight at which the 
     highway motor vehicle is legally authorized to operate under 
     the laws of the State in which it is registered.
       ``(2) Special permits.--If a State allows a highway motor 
     vehicle to be operated for any period at a maximum weight 
     which is greater than the weight determined under paragraph 
     (1), its taxable gross weight for such period shall be such 
     greater weight.
       ``(c) Other Definitions and Special Rule.--For purposes of 
     this subchapter--
       ``(1) State.--The term `State' means a State and the 
     District of Columbia.
       ``(2) Use.--The term `use' means use in the United States 
     on the public highways.

     ``SEC. 4483. EXEMPTIONS.

       ``(a) State and Local Government Exemption.--Under 
     regulations prescribed by the Secretary, no tax shall be 
     imposed by section 4481 on the use of any highway motor 
     vehicle by any State or any political subdivision of a State.
       ``(b) Exemption for United States.--The Secretary may 
     authorize exemption from the tax imposed by section 4481 as 
     to the use by the United States of any particular highway 
     motor vehicle, or class of highway motor vehicles, if the 
     Secretary determines that the imposition of such tax with 
     respect to such use will cause substantial burden or expense 
     which can be avoided by granting tax exemption and that full 
     benefit of such exemption, if granted, will accrue to the 
     United States.
       ``(c) Certain Transit-Type Buses.--Under regulations 
     prescribed by the Secretary, no tax shall be imposed by 
     section 4481 on the use of any bus which is of the transit 
     type (rather than of the intercity type) by a person who, for 
     the last 3 months of the preceding year (or for such other 
     period as the Secretary may by regulations prescribe for

[[Page S7612]]

     purposes of this subsection), met the 60-percent passenger 
     fare revenue test set forth in section 6421(b)(2) (as in 
     effect on the day before the day of the enactment of the 
     Energy Tax Act of 1978) as applied to the period prescribed 
     for the purposes of this subsection.
       ``(d) Termination of Exemptions.--Subsections (a) and (c) 
     shall not apply on and after October 1, 2005.

     ``SEC. 4484. CROSS REFERENCES.

       ``(1) For penalties and administrative provisions 
     applicable to this subchapter, see subtitle F.
       ``(2) For exemption for uses by Indian tribal governments 
     (or their subdivisions), see section 7871.''
       (b) Administration of Tax.--To the maximum extent possible, 
     the Secretary of the Treasury shall administer the tax 
     imposed by section 4481 of the Internal Revenue Code of 1986 
     (as added by this section)--
       (1) in cooperation with the States and in coordination with 
     State administrative and reporting mechanisms, and
       (2) through the use of the International Registration Plan 
     and the International Fuel Tax Agreement.

     SEC. ____5. COOPERATIVE TAX EVASION EFFORTS.

       The Secretary of Transportation is authorized to use funds 
     authorized for expenditure under section 143 of title 23, 
     United States Code, and administrative funds deducted under 
     104(a) of such title 23, to develop automated data processing 
     tools and other tools or processes to reduce evasion of the 
     tax imposed by section 4481 of the Internal Revenue Code of 
     1986 (as added by section ____4(a)). These funds may be 
     allocated to the Internal Revenue Service, States, or other 
     entities.

     SEC. ____6. STUDY.

       (a) In General.--The Secretary of Transportation, in 
     consultation with the Secretary of the Treasury, shall 
     conduct a study of--
       (1) the tax equity of the various Federal taxes deposited 
     into the Highway Trust Fund,
       (2) any modifications to the tax rates specified in section 
     4481 of the Internal Revenue Code of 1986 (as added by 
     section ____4(a)) to improve tax equity, and
       (3) the administration and enforcement under subsection (e) 
     of the tax imposed by section 4481 of the Internal Revenue 
     Code of 1986 (as so added).
       (b) Report.--Not later than July 1, 2002, and July 1 of 
     every fourth year thereafter, the Secretary of Transportation 
     shall submit to the Committee on Ways and Means of the House 
     of Representatives and the Committee on Finance of the Senate 
     a report on the study conducted under subsection (a) together 
     with--
       (1) recommended tax rate schedules developed under 
     subsection (a)(2), and
       (2) such recommendations as the Secretary may deem 
     advisable to make the administration and enforcement 
     described in subsection (a)(3) more equitable.

     SEC. 7. EFFECTIVE DATE AND FLOOR STOCK REFUNDS.

       (a) Effective Date.--The amendments made by this title 
     shall take effect on July 1, 2000.
       (b) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before July 1, 2000, tax has been imposed under section 
     4071 or 4081 of the Internal Revenue Code of 1986 on any 
     article, and
       (B) on such date such article is held by a dealer and has 
     not been used and is intended for sale,

     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this subsection 
     referred to as the ``taxpayer'') an amount equal to the 
     excess of the tax paid by the taxpayer over the amount of 
     such tax which would be imposed on such article had the 
     taxable event occurred on such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefore is filed with the Secretary of the 
     Treasury before January 1, 2001, and
       (B) in any case where an article is held by a dealer (other 
     than the taxpayer) on July 1, 2000--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before October 1, 2000, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for articles held in retail stocks.--No 
     credit or refund shall be allowed under this subsection with 
     respect to any article in retail stocks held at the place 
     where intended to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this subsection.
                                  ____


                           Amendment No. 741

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. NATIONAL STANDARD TO PROHIBIT OPERATION OF MOTOR 
                   VEHICLES BY INTOXICATED INDIVIDUALS.

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

     ``Sec. 165. National standard to prohibit operation of motor 
       vehicles by intoxicated individuals

       ``(a) Withholding of Apportionments for Noncompliance.--
       ``(1) Fiscal year 2003.--The Secretary shall withhold 5 
     percent of the amount required to be apportioned to any State 
     under each of paragraphs (1), (3), and (4) of section 104(b) 
     on October 1, 2002, if the State does not meet the 
     requirements of paragraph (3) on that date.
       ``(2) Subsequent fiscal years.--The Secretary shall 
     withhold 10 percent (including any amounts withheld under 
     paragraph (1)) of the amount required to be apportioned to 
     any State under each of paragraphs (1), (3), and (4) of 
     section 104(b) on October 1, 2003, and on October 1 of each 
     fiscal year thereafter, if the State does not meet the 
     requirements of paragraph (3) on that date.
       ``(3) Requirements.--A State meets the requirements of this 
     paragraph if the State has enacted and is enforcing a law 
     providing that an individual who has an alcohol concentration 
     of 0.08 percent or greater while operating a motor vehicle in 
     the State is guilty of the offense of driving while 
     intoxicated (or an equivalent offense that carries the 
     greatest penalty under the law of the State for operating a 
     motor vehicle after having consumed alcohol).
       ``(b) Period of Availability; Effect of Compliance and 
     Noncompliance.--
       ``(1) Period of availability of withheld funds.--
       ``(A) Funds withheld on or before september 30, 2004.--Any 
     funds withheld under subsection (a) from apportionment to any 
     State on or before September 30, 2004, shall remain available 
     until the end of the third fiscal year following the fiscal 
     year for which the funds are authorized to be appropriated.
       ``(B) Funds withheld after september 30, 2004.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2004, shall be available for 
     apportionment to the State.
       ``(2) Apportionment of withheld funds after compliance.--
     If, before the last day of the period for which funds 
     withheld under subsection (a) from apportionment are to 
     remain available for apportionment to a State under paragraph 
     (1)(A), the State meets the requirements of subsection 
     (a)(3), the Secretary shall, on the first day on which the 
     State meets the requirements, apportion to the State the 
     funds withheld under subsection (a) that remain available for 
     apportionment to the State.
       ``(3) Period of availability of subsequently apportioned 
     funds.--
       ``(A) In general.--Any funds apportioned under paragraph 
     (2) shall remain available for expenditure until the end of 
     the third fiscal year following the fiscal year in which the 
     funds are so apportioned.
       ``(B) Treatment of certain funds.--Sums not obligated at 
     the end of the period referred to in subparagraph (A) shall 
     lapse.
       ``(4) Effect of noncompliance.--If, at the end of the 
     period for which funds withheld under subsection (a) from 
     apportionment are available for apportionment to a State 
     under paragraph (1)(A), the State does not meet the 
     requirements of subsection (a)(3), the funds shall lapse.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 1 of title 23, United States Code, is amended by 
     adding at the end the following:

``165. National standard to prohibit operation of motor vehicles by 
              intoxicated individuals.''.
                                  ____


                           Amendment No. 742

       At the appropriate place in title III, insert the 
     following:

     SEC. 3  . TRANSFER OF FUNCTION FROM FEDERAL HIGHWAY 
                   ADMINISTRATION.

       Section 104(c) of title 49, United States Code, is amended 
     by inserting ``and'' after the semicolon at the end of 
     paragraph (1), by striking paragraph (2), and by 
     redesignating paragraph (3) as paragraph (2).

     SEC. 2. TRANSFER OF FUNCTION TO NATIONAL HIGHWAY TRAFFIC 
                   SAFETY ADMINISTRATION.

       Section 105(c) of title 49, United States Code, is amended 
     by striking ``and'' at the end of paragraph (1), by 
     redesignating paragraph (2) as paragraph (3), and by 
     inserting after paragraph (1) the following:
       ``(2) duties and powers related to motor carrier safety 
     vested in the Secretary by chapters 5 and 315 of this title; 
     and''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by sections 1 and 2 of this Act shall 
     take effect on the 180th day following the date of enactment 
     of this Act; except that the Secretary of Transportation may 
     take such action as may be necessary to ensure the orderly 
     transfer of the duties and powers related to motor carrier 
     safety vested in the Secretary by chapters 5 and 315 of title 
     49, United States Code, and employees carrying out such 
     duties and powers, from the Federal Highway Administration to 
     the National Highway Traffic Safety Administration.
                                  ____


                           Amendment No. 743

       At the appropriate place in title III, insert the 
     following:
       Sec. 3  . (a) In General.--Section 845(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (4), by adding ``and'' at the end; and

[[Page S7613]]

       (2) by striking paragraph (5) and redesignating paragraph 
     (6) as paragraph (5).

                           Amendment No. 744

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. FEDERAL LANDS HIGHWAYS PROGRAM.

       Section 1101(8) of the Transportation Equity Act for the 
     21st Century (112 Stat. 112) is amended--
       (1) by striking ``each of fiscal years 1999 through 2003'' 
     each place it appears and inserting ``fiscal year 1999''; and
       (2) by adding at the end the following:
       ``(E) Apportionment to all states.--For apportionment 
     equally among the 50 States, for use for any activity for 
     which funds may be made available from the Highway Trust 
     Fund, $706,000,000 for each of fiscal years 2000 through 
     2003.''.
                                  ____


                           Amendment No. 745

       On page 91, between lines 9 and 10, insert the following:
       Sec. 342. (a) Study.--The Secretary of the Treasury shall 
     undertake a study of the following issues:
       (1) Factors in state allocation formulas.--
       (A) In general.--The various factors described in 
     subparagraph (B) used in State allocation formulas included 
     in current Federal assistance programs and possible 
     alternative factors described in subparagraph (C), including 
     an analysis of the strengths and weaknesses of such factors 
     and formulas.
       (B) Current factors.--Factors described in this 
     subparagraph include--
       (i) rolling 3-year average of State per capita income,
       (ii) State total taxable resources,
       (iii) per capita income squared,
       (iv) poverty population, including poverty population 5-17 
     years old, poverty population under 21, families with incomes 
     between 130 percent and 185 percent of poverty level, 
     children below 130 percent of poverty level, households below 
     150 percent of poverty level, and rural population in 
     poverty, and
       (v) population receiving benefits under a State program 
     funded under part A of title IV of the Social Security Act, 
     adult population receiving such benefits, children 5-17 years 
     old in families above poverty level receiving such benefits.
       (C) Alternative factors.--Factors described in this 
     subparagraph include--
       (i) State gross domestic product,
       (ii) the representative tax system,
       (iii) the inclusion of user fees in factors based on tax 
     collections,
       (iv) poverty measures which reflect State cost-of-living, 
     and
       (v) a more accurate measure of State fiscal capacity than 
     State per capita income.
       (2) Fiscal condition and capacity.--The long-term outlook 
     for the fiscal condition and fiscal capacity of Federal, 
     State, and local governments.
       (3) Impact of payments deficit.--The impact on a State's 
     economy of running a persistent balance of payments deficit 
     with the Federal Government.
       (4) Measures leading to more equitable returns on tax 
     dollars.--Measures, including changes to allocation formulas, 
     which would provide that each State's return on each Federal 
     tax dollar, including direct payments to individuals, grants 
     to State and local government, procurement, salaries and 
     wages, and other Federal spending, is at least $0.95.
       (5) Impact of other factors.--The impacts of the cyclical 
     nature of the economy and other factors, such as employment, 
     on the expenditures, needs, and fiscal capacities of Federal, 
     State, and local governments.
       (6) Responsiveness of distribution of federal assistance.--
     The responsiveness of the distribution of Federal assistance 
     to--
       (A) the cyclical nature of the economy and other factors 
     identified under paragraph (5),
       (B) the fiscal capacities of State and local governments,
       (C) the need for services of State and local governments, 
     and
       (D) cost-of-living and cost-of-government differentials.
       (7) Administration of allocation formulas.--The 
     mathematical models, underlying data, and administration of 
     Federal grant formulas, including the formulas examined under 
     paragraph (1).
       (b) Study Plan.--The Secretary of the Treasury, in 
     consultation with the Secretary of Commerce, the Comptroller 
     General of the United States, and recognized organizations of 
     elected officials of State and local governments, including 
     regional organizations of such officials and officials of 
     States that may receive substantially reduced funding under 
     alternative methods of allocating Federal assistance, shall 
     develop a plan for the completion of the study required by 
     subsection (a). Such plan may provide for the participation 
     of such individuals and organizations in the conduct of the 
     study.
       (c) Report of Study.--Upon completion of the study required 
     by subsection (a), the Secretary of the Treasury shall 
     solicit the views of the persons and organizations with whom 
     the Secretary was required to consult by subsection (b) and 
     shall append such views to a final report to the President 
     and Congress. Such report shall be submitted not later than 
     June 30, 2000.
       (d) Authorization of appropriations.--There is authorized 
     to be appropriated and is hereby appropriated $5,000,000 to 
     carry out this section.
                                  ____


                           Amendment No. 746

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be apportioned equally among the States (other 
     than the State referred to in that section) for use for any 
     activity for which funds may be made available from the 
     Highway Trust Fund:''.
                                  ____


                           Amendment No. 747

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. EQUITABLE ALLOCATION OF FUNDING UNDER NATIONAL 
                   AERONAUTICS AND SPACE ADMINISTRATION PROGRAMS.

       (a) Definitions.--In this section--
       (1) Administrator--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (2) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Administrator to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a grant or other form of financial assistance;
       (B) a payment under a contract; compensation of an employee 
     or consultant; or
       (C) any other form.
       (3) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Administrator the amount of revenues under the Internal 
     Revenue Code of 1986 collected in each State during the 
     fiscal year; and
       (2) the Administrator shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administrator--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the 
     Administrator, in an amount that is not less than the product 
     obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under--
       (i) other programs administered by the Administrator; or
       (ii) transfer funds to the Secretary of Transportation to 
     fund programs that apportion funds to States that are 
     administered by the Secretary under title 23 or 49 of the 
     United States Code.
       (2) Implementation.--If, but for this section, the 
     Administrator would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Administrator shall reduce the amounts of 
     agency expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Administrator to make agency expenditures in 
     the State in the full amount of its equitable State 
     allocation.
                                  ____


                           Amendment No. 748

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF 
                   LAND MANAGEMENT PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made

[[Page S7614]]

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


                           Amendment No. 749

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. EQUITABLE ALLOCATION OF FUNDING UNDER FOREST 
                   SERVICE PROGRAMS.

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


                           Amendment No. 750

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. EQUITABLE ALLOCATION OF AIRPORT IMPROVEMENT 
                   PROGRAM FUNDING.

       (a) Definitions.--In this section:
       (1) Airport and airway trust fund.The term ``Airport and 
     Airway Trust Fund'' means the trust fund established under 
     section 9502 of the Internal Revenue Code of 1986.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the airport and airway 
     trust fund.--The term ``State dollar contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the amount of funds equal to the amounts 
     transferred to the Airport and Airway Trust Fund under 
     section 9502 of the Internal Revenue Code of 1986 that are 
     equivalent to the taxes described in section 9502(b) of the 
     Internal Revenue Code of 1986 that are collected in that 
     State.
       (6) State percentage contribution to the airport and airway 
     trust fund.--The term ``State percentage contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the proportion, expressed as a percentage, 
     that the State dollar contribution to the Airport and Airway 
     Trust Fund bears to the aggregate of the State dollar 
     contributions to the Airport and Airway Trust Fund collected 
     from all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount equal to the amount of taxes collected 
     in each State during the fiscal year that are transferred to 
     the Airport and Airway Trust Fund; and

[[Page S7615]]

       (2) the Secretary shall determine the State dollar 
     contribution to the Airport and Airway Trust Fund and State 
     percentage contribution to the Airport and Airway Trust Fund 
     of each State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--
       (A) Allocation.--Notwithstanding any other provision of 
     law, each State shall be entitled to receive under each 
     program administered by the Secretary for which funds are 
     authorized to be transferred from the Airport and Airway 
     Trust Fund, an amount for a fiscal year that is not less than 
     90 percent of the amount that is equal to the aggregate 
     amount to be paid under that program to all of the States for 
     the fiscal year (adjusted for any administrative costs 
     referred to in section 9502(d)(1)(C) of the Internal Revenue 
     Code of 1986) multiplied by the State percentage contribution 
     to the Airport and Airway Trust Fund for the fiscal year.
       (B) Rule of construction.--Nothing in this section is 
     intended to permit a use of amounts made available to a State 
     under this section in a manner that does not meet the 
     applicable requirements of part B of subtitle VII of title 
     49, United States Code.
       (2) Implementation.--If, but for this section, a State 
     would be entitled to receive less than the amount of its 
     equitable State allocation under a program administered by 
     the Secretary, the Secretary shall deduct from the amounts to 
     be paid to States that would be entitled to receive more than 
     the equitable State allocations for those States, pro rata, 
     the amount necessary to enable the Secretary to pay the State 
     the full amount of its equitable State allocation.
                                  ____


                           Amendment No. 751

       On page 80, line 11 strike ``.'' and insert:
       ``Provided further, for any state to receive funding under 
     this provision it must match the Federal funding made 
     available under this provision with a commensurate amount of 
     State funding: Provided further, notwithstanding any other 
     provision of law, no funds made available under this 
     provision shall be eligible for use on any title 23 
     programs.''
                                  ____


                           Amendment No. 752

       At the appropriate place in title III, insert the 
     following:
       Sec. 3  . (a) In General.--Section 127(a) of title 23, 
     United States Code, is amended--
       (1) by striking ``With respect to the State of Colorado, 
     vehicles designed to carry 2 or more precast concrete panels 
     shall be considered to be a non-divisible load,''; and
       (2) by striking ``The State of Louisiana may allow, by 
     special permit'' and all that follows through the end of the 
     subsection.
       (b) Section 1212 of the Transportation Equity Act for the 
     21st Century (112 Stat. 194) is amended by striking 
     subsection (d).
                                  ____


                           Amendment No. 756

       On page 80, line 11 strike ``.'' and insert:
       ``Provided further, for any state to receive funding under 
     this provision it must match the Federal funding made 
     available under this provision with a commensurate amount of 
     State funding: Provided further, notwithstanding any other 
     provision of law, no funds made available under this 
     provision shall be eligible for use on any title 23 
     programs.''
                                  ____


                           Amendment No. 754

       At the appropriate place in title III, insert the 
     following:
       Sec. 3  . (a) In General.--Section 127(a) of title 23, 
     United States Code, is amended--
       (1) by striking ``With respect to the State of Colorado, 
     vehicles designed to carry 2 or more precast concrete panels 
     shall be considered to be a non-divisible load,''; and
       (2) by striking ``The State of Louisiana may allow, by 
     special permit'' and all that follows through the end of the 
     subsection.
       (b) Section 1212 of the Transportation Equity Act for the 
     21st Century (112 Stat. 194) is amended by striking 
     subsection (d).
                                  ____


                           Amendment No. 755

       On page 80, strike line 1 and all that follows through page 
     81, line 11.
                                  ____


                           Amendment No. 756

       On page 2, line 6 strike ``$1,900,000'' and insert 
     ``$5,000,000.''
                                  ____


                           Amendment No. 757

       On page 10 line 5 insert the following: ``U.S. Coast Guard 
     Air Facility (AIRFAC) Long Island''
       For necessary expenses, not otherwise provided for, for the 
     operation and maintenance of the AIRFAC Long Island, 
     $2,900,000.
                                  ____


                           Amendment No. 758

       Beginning on page 80, strike line 1 and all that follows 
     through page 81, line 2 and insert:
       ``Section 321. Notwithstanding any provision of law, no 
     state shall receive of the total budgetary resources made 
     available by this Act to carry 49 U.S.C. 5307, 5309, 5310, 
     and 5311, a percentage less than that state's percentage of 
     the total annual ridership of programs funded by this Act to 
     carry out 49 U.S.C. 5307, 5309, 5310, and 5311: Provided 
     further, That the Secretary of Transportation will use 
     ridership figures of the previous fiscal year in the 
     determination of each state's ridership percentage.''
                                  ____


                           Amendment No. 759

       On page 80, line 6 strike ``12.5 percent'' and insert ``50 
     percent.''
                                  ____


                           Amendment No. 760

       On page 80, line 2 strike ``12.5 percent'' and insert ``75 
     percent.''
                                  ____


                           Amendment No. 761

       At the appropriate place in title II, insert the following:
       ``Reimbursement for Salaries and Expenses.--The National 
     Transportation Safety Board shall reimburse the State of New 
     York and local counties in New York during the period 
     beginning on June 12, 1997, and ending on September 30, 2000, 
     an aggregate amount equal to $6,059,000 for costs (including 
     salaries and expenses) incurred in connection with the crash 
     of TWA Flight 800.''
                                  ____


                           Amendment No. 762

       On page 2, line 9 strike ``$600,000.'' and insert 
     ``1,500,000''
                                  ____


                           Amendment No. 763

       On page 9, line 25 strike ``$12,450,000'' and insert 
     ``$25,000,000''
                                  ____


                           Amendment No. 764

       On page 19, line 22 strike ``$20,000,000'' and insert 
     ``$100,000,000.''
                                  ____


                           Amendment No. 765

       On page 69, line 9 strike ``100'' and insert ``107.''
                                  ____


                           Amendment No. 766

       On page 4, line 4, strike ``$1,222,000'' and insert 
     ``$2,500,000.''
                                  ____


                           Amendment No. 767

       On page 4, line 10, strike ``$7,200,000'' and insert 
     ``$12,500,000.''
                                  ____


                           Amendment No. 768

       On page 4, line 7, strike ``$5,100,000'' and insert 
     ``$12,500,000.''
                                  ____


                           Amendment No. 769

       On page 5, line 25, strike ``$2,900,000, of which 
     $2,635,000 shall remain available'' and insert ``$12,500,000, 
     of which $11,300,000 shall remain available''.
                                  ____


                           Amendment No. 770

       On page 17, line 7, strike ``.25 percent'' and insert ``7 
     percent''.
                                  ____


                           Amendment No. 771

       On page 20, line 16, strike ``$6,000,000'' and all that 
     follows through ``and'' on line 17.
                                  ____


                           Amendment No. 772

       On page 25, line 1, strike ``$2,000,000'' and insert 
     ``$12,500,000''.
                                  ____


                           Amendment No. 773

       On page 29, line 13, strike ``$571,000,000'' and insert 
     ``$650,000,000''.
                                  ____


                           Amendment No. 774

       On page 82, line 23, strike ``210 miles'' and insert 
     ``1,000 miles''.
                                  ____


                           Amendment No. 775

       On page 34, line 2, following ``projects,'' insert: 
     ``giving primary consideration to those projects located in 
     states with the highest state expenditures on public 
     transportation,''.
                                  ____


                           Amendment No. 776

       On page 20, line 3, strike ``$31,000,000'' and insert 
     ``35,000,000''.
                                  ____


                           Amendment No. 777

       On page 67, line 19, strike ``$1,000,000'' and insert 
     ``2,000,000''.
                                  ____


                           Amendment No. 778

       On page 20, line 18, strike ``$5,000,000'' and insert 
     ``$10,400,000''.
                                  ____


                           Amendment No. 779

       Beginning on page 86, strike line 5 and all that follows 
     through page 87, line 7.
                                  ____


                           Amendment No. 780

       On page 63, line 13, strike ``$11,496,000'' and insert 
     ``$12,500,000''.
                                  ____


                           Amendment No. 781

       On page 3, line 5, strike ``$45,000'' and insert 
     ``$60,000''.
                                  ____


                           Amendment No. 782

       On page 84, line 11, strike ``12 per centum'' and insert 
     ``50 per centum''.
                                  ____


                           Amendment No. 783

       On page 83, line 19, strike ``80 percent'' and insert ``50 
     percent''.
                                  ____


                           Amendment No. 784

       On page 15, line 25, strike ``$150,000,000'' and insert 
     ``$173,000,000''.
                                  ____


                           Amendment No. 785

       On page 19, line 16, strike ``$391,450,000'' and insert 
     ``$641,450,000''.
                                  ____


                           Amendment No. 786

       On page 55, line 12, strike ``:'' and insert the following 
     in lieu thereof:
       ``Rochester Central Bus facility, New York; Long Beach 
     Central Bus Facility, New York; Broome County Buses and 
     Related Equipment, New York:'.

[[Page S7616]]

     
                                  ____
                           Amendment No. 787

       Beginning on page 34, strike line 4 and all that follows 
     through page 35, line 12.
                                  ____


                           Amendment No. 788

       On page 38, strike lines 12 and 13.
                                  ____


                           Amendment No. 789

       On page 38, strike lines 16 and 17.
                                  ____


                           Amendment No. 790

       On page 39, strike lines 8 and 9.
                                  ____


                           Amendment No. 791

       On page 41, strike lines 12 and 17.
                                  ____


                           Amendment No. 792

       On page 54, strike lines 17 and 18.
                                  ____


                           Amendment No. 793

       On page 56, strike lines 19 and 20.
                                  ____


                           Amendment No. 794

       Beginning on page 57, strike lines 23 and all that follows 
     through page 58, line 8.
                                  ____


                           Amendment No. 795

       On page 58, strike lines 13 and 19.
                                  ____


                           Amendment No. 796

       Beginning on page 59, strike line 5 and all that follows 
     through page 60, line 4.
                                  ____


                           Amendment No. 797

       On page 78, strike lines 16 and 23.
                                  ____


                           Amendment No. 798

       On page 83, line 17, strike ``$950,000,'' and insert 
     ``$1,500,000,''.
                                  ____


                           Amendment No. 799

       Beginning on page 78, strike line 24 and all that follows 
     through page 79, line 4.
                                  ____


                           Amendment No. 800

       Beginning on page 84, strike line 15 and all that follows 
     through page 85, line 11.
                                  ____


                           Amendment No. 801

       On page 66, line 22, strike ``$4,500,000'' and insert 
     ``$5,000,000''.
                                  ____


                           Amendment No. 802

       On page 41, strike line 24.
                                  ____


                           Amendment No. 803

       On page 42, strike lines 3 through 5.
                                  ____


                           Amendment No. 804

       On page 42, strike lines 23 and 24.
                                  ____


                           Amendment No. 805

       On page 43, strike lines 3 and 4.
                                  ____


                           Amendment No. 806

       On page 43, strike lines 5 and 6.
                                  ____


                           Amendment No. 807

       On page 43, strike lines 7 and 8.
                                  ____


                           Amendment No. 808

       On page 43, strike lines 18 and 19.
                                  ____


                           Amendment No. 809

       On page 44, strike lines 5 and 6.
                                  ____


                           Amendment No. 810

       On page 53, strike line 1.
                                  ____


                           Amendment No. 811

       On page 55, strike line 12.
                                  ____


                           Amendment No. 812

       On page 55, strike lines 10 and 11.
                                  ____


                           Amendment No. 813

       On page 55, strike lines 8 and 9.
                                  ____


                           Amendment No. 814

       On page 55, strike line 7.
                                  ____


                           Amendment No. 815

       On page 55, strike lines 5 and 6.
                                  ____


                           Amendment No. 816

       On page 55, strike lines 3 and 4.
                                  ____


                           Amendment No. 817

       On page 55, strike lines 1 and 2.
                                  ____


                           Amendment No. 818

       On page 54, strike lines 17 and 18.
                                  ____


                           Amendment No. 819

       On page 54, strike lines 15 and 16.
                                  ____


                           Amendment No. 820

       On page 54, strike lines 13 and 14.
                                  ____


                           Amendment No. 821

       On page 54, strike line 12.
                                  ____


                           Amendment No. 822

       On page 54, strike line 11.
                                  ____


                           Amendment No. 823

       On page 54, strike lines 9 and 10.
                                  ____


                           Amendment No. 824

       On page 54, strike lines 7 and 8.
                                  ____


                           Amendment No. 825

       On page 54, strike lines 5 and 6.
                                  ____


                           Amendment No. 826

       On page 54, strike lines 3 and 4.
                                  ____


                           Amendment No. 827

       On page 54, strike line 1.
                                  ____


                           Amendment No. 828

       On page 53, strike lines 24 and 25.
                                  ____


                           Amendment No. 829

       On page 53, strike lines 22 and 23.
                                  ____


                           Amendment No. 830

       On page 53, strike line 21.
                                  ____


                           Amendment No. 831

       On page 53, strike lines 19 and 20.
                                  ____


                           Amendment No. 832

       On page 53, strike line 18.
                                  ____


                           Amendment No. 833

       On page 53, strike lines 16 and 17.
                                  ____


                           Amendment No. 834

       On page 53, strike lines 14 and 15.
                                  ____


                           Amendment No. 835

       On page 53, strike lines 12 and 13.
                                  ____


                           Amendment No. 836

       On page 53, strike lines 10 and 11.
                                  ____


                           Amendment No. 837

       On page 53, strike lines 8 and 9.
                                  ____


                           Amendment No. 838

       On page 53, strike lines 6 and 7.
                                  ____


                           Amendment No. 839

       On page 53, strike lines 3 and 4.
                                  ____


                           Amendment No. 840

       On page 53, strike line 2.
                                  ____


                           Amendment No. 841

       On page 52, strike line 25.
                                  ____


                           Amendment No. 842

       On page 52, strike line 24.
                                  ____


                           Amendment No. 843

       On page 52, strike lines 23.
                                  ____


                           Amendment No. 844

       On page 52, strike lines 21 and 22.
                                  ____


                           Amendment No. 845

       On page 52, strike lines 19 and 20.
                                  ____


                           Amendment No. 846

       On page 52, strike lines 17 and 18.
                                  ____


                           Amendment No. 847

       On page 52, strike lines 15 and 16.
                                  ____


                           Amendment No. 848

       On page 52, strike line 14.
                                  ____


                           Amendment No. 849

       On page 52, strike lines 12 and 13.
                                  ____


                           Amendment No. 850

       On page 52, strike lines 10 and 11.
                                  ____


                           Amendment No. 851

       On page 52, strike lines 8 and 9.
                                  ____


                           Amendment No. 852

       On page 52, strike lines 4 and 5.
                                  ____


                           Amendment No. 853

       On page 52, strike line 3.
                                  ____


                           Amendment No. 854

       On page 52, strike lines 1 and 2.
                                  ____


                           Amendment No. 855

       On page 51, strike lines 23 and 24.
                                  ____


                           Amendment No. 856

       On page 51, strike lines 21 and 22.
                                  ____


                           Amendment No. 857

       On page 51, strike lines 17 and 18.
                                  ____


                           Amendment No. 858

       On page 51, strike line 16.
                                  ____


                           Amendment No. 859

       On page 51, strike line 8.
                                  ____


                           Amendment No. 860

       On page 51, strike lines 6 and 7.
                                 ______
                                 

                   FEINSTEIN AMENDMENTS NOS. 861-904

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted 44 amendments intended to be proposed by her 
to the bill, S. 11433, supra; as follows:

                           Amendment No. 861

       On page 80, line 2, strike ``12.5 percent'' and insert ``16 
     percent''.
                                  ____


                           Amendment No. 862

       On page 80, line 4, strike ``5309''.

[[Page S7617]]

     
                                  ____
                           Amendment No. 863

       On page 80, strike lines 1 through 11 and redesignate the 
     following sections accordingly.
                                  ____


                           Amendment No. 864

       On page 80, line 2, strike ``12.5'' and insert ``15.8''.
       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 5336 of title 49, United States Code, is 
     amended--
       (1) in subsection (b)(2), by striking ``33.29 percent'' and 
     inserting ``53.29 percent'';
       (2) in subsection (c), by striking ``66.71 percent'' and 
     inserting ``46.71 percent'';
       (3) in subsection (c)(1), by striking ``73.39 percent'' and 
     inserting ``83.39 percent''; and
       (4) in subsection (c)(2), by striking ``26.61 percent'' and 
     inserting ``16.61 percent''.
                                  ____


                           Amendment No. 865

       On page 80, line 11, insert after ``apportionments'' the 
     following: ``Provided further, That the limitation set forth 
     in this section shall not apply to a State if the Secretary 
     of Transportation determines that such a State has transit 
     capital and operating funding needs that are in excess of the 
     funding that would be provided pursuant to the 12.5 percent 
     limitation''.
                                  ____


                           Amendment No. 866

       On page 80, line 11, insert after ``apportionments'' the 
     following: ``: Provided further, That the limitation set 
     forth in this section shall not apply to a State if the total 
     annual transit trips in such State is equal to 12.5 percent 
     or more of the total annual transit trips in all States''.
                                  ____


                           Amendment No. 867

       On page 80, line 11, insert after ``apportionments'' the 
     following: ``: Provided further, That the limitation set 
     forth in this section shall not apply to a State if the total 
     net project cost of all new fixed guideway projects in final 
     design or construction in such State is equal to 12.5 percent 
     or more of the total net project cost of all new fixed 
     guideway projects in final design or construction in all 
     States''.
                                  ____


                           Amendment No. 868

       On page 80, line 11, insert after ``apportionments'' the 
     following: ``: Provided further, That the limitation set 
     forth in this section shall not apply to any State in which 
     public transportation authority has entered into a Consent 
     Decree that arises out of litigation commenced in Federal 
     Court under title VI of the Civil Rights Act of 1964 and that 
     results in the increased expenditure of public funds for bus 
     services''.
                                  ____


                           Amendment No. 869

       On page 80, strike lines 1 through 11 and insert the 
     following:
       Sec 321. Notwithstanding any other provision of law, no 
     State's share of the total budget resources made available by 
     this Act to carry out 49 U.S.C. 5307, 5309, 5310, and 5311 
     shall exceed the ratio that the total annual transit 
     directional route miles in such State bears to the total 
     annual transit directional route miles in all States: 
     Provided, That for purposes of this calculation the Federal 
     Transit Administration shall include the appropriate state 
     distribution of the funding provided to urbanized areas: 
     Provided further, That the amounts recovered from such 
     reductions shall be distributed equally: Provided further, 
     That such reductions and increases shall be made only to the 
     formula apportionments.
                                  ____


                           Amendment No. 870

       On page 80, strike lines 1 through 11 and insert the 
     following:
       Sec 321. Notwithstanding any other provision of law, no 
     State's share of the total budget resources made available by 
     this Act to carry out 49 U.S.C. 5307, 5309, 5310, and 5311 
     shall exceed the ratio that the total net project cost of all 
     fixed guideway projects in final design or construction in 
     such State bears to the total net project cost of such 
     projects in all States: Provided, That for purposes of this 
     calculation the Federal Transit Administration shall include 
     the appropriate state distribution of the funding provided to 
     urbanized areas: Provided further, That the amounts recovered 
     from such reductions shall be distributed equally: Provided 
     further, That such reductions and increases shall be made 
     only to the formula apportionments.
                                  ____


                           Amendment No. 871

       On page 80, strike lines 1 through 11 and insert the 
     following:
       Sec 321. Notwithstanding any other provision of law, no 
     State's share of the total budget resources made available by 
     this Act to carry out 49 U.S.C. 5307, 5309, 5310, and 5311 
     shall exceed the ratio that the total annual transit trips in 
     such State bears to the total annual transit trips in all 
     States: Provided, That for purposes of this calculation the 
     Federal Transit Administration shall include the appropriate 
     state distribution of the funding provided to urbanized 
     areas: Provided further, That the amounts recovered from such 
     reductions shall be distributed equally: Provided further, 
     That such reductions and increases shall be made only to the 
     formula apportionments.
                                  ____


                           Amendment No. 872

       On page 34, strike line 7.
       On page 35, strike lines 15 and 16.
       On page 35, strike line 25.
       On page 36, strike line 1.
       On page 38, strike lines 16 and 17.
       On page 39, strike lines 8 and 9.
       On page 39, strike line 24 and 25.
       On page 41, strike lines 13 through 17.
       On page 46, strike lines 1 and 2.
       On page 46, strike lines 7 through 10.
       On page 54, strike line 2.
       On page 59, strike line 22.
                                  ____


                           Amendment No. 873

       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(1)(A) of title 23, United States 
     Code, relating to the National Highway System Program, is 
     amended by striking ``25 percent'' in clause (i) and 
     inserting ``10 percent'' and by striking ``35 percent'' in 
     clause (ii) and inserting ``50 percent''.
                                  ____


                           Amendment No. 874

       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(3)(A) of title 23, United States 
     Code, relating to the Surface Transportation Program, is 
     amended by striking ``25 percent'' in clause (i) and 
     inserting ``10 percent'' and by striking ``40 percent'' in 
     clause (ii) and inserting ``55 percent''.
                                  ____


                           Amendment No. 875

       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(4) of title 23, United States 
     Code, relating to the Interstate Maintenance Program, is 
     amended by striking ``33\1/3\ percent'' in subparagraph (A) 
     and inserting ``23\1/3\ percent'' and by striking ``33\1/3\ 
     percent'' in subparagraph (B) and inserting ``43\1/3\ 
     percent''.
                                  ____


                           Amendment No. 876

       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(3)(A) of title 23, United States 
     Code, relating to the Congestion Mitigation and Air Quality 
     Improvement Program, is amended--
       (1) in subparagraph (B)(i), by striking ``0.8'' and 
     inserting ``0.6'';
       (2) in subparagraph (B)(vi), by striking ``1.4'' and 
     inserting ``1.6'';
       (3) in subparagraph (C)(i), by striking ``1.2'' and 
     inserting ``1.4''; and
       (4) in subparagraph (D), by striking ``\1/2\ of 1 percent'' 
     and inserting ``\1/4\ of 1 percent''.
                                  ____


                           Amendment No. 877

       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(e) of title 23, United States Code, 
     relating to the Highway Bridge Program, is amended by adding 
     the end of thereof the following new sentence: 
     ``Notwithstanding any other provision of this subsection, the 
     ratio which the amount of funding apportioned to a State 
     under this section in any fiscal year bears the amount of 
     such funding apportioned to all States in such year shall not 
     exceed 110 percent of the ratio which the population in such 
     State bears to the population in all States.
                                  ____


                           Amendment No. 878

       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 114(e) of title 23, United States Code, 
     is amended by striking ``more than 10 per centum or less than 
     0.25 per centum'' and inserting ``more than 15 per centum or 
     less than 0.10 per centum''.
                                  ____


                           Amendment No. 879

       At the appropriate place, insert the following:
       Sec. ____. Notwithstanding any other provision of law, 
     amounts made available under this Act for grants and loans 
     for capital projects to replace, rehabilitate, and purchase 
     buses and related equipment and to construct bus-related 
     facilities under section 5309 of title 49, United States 
     Code, shall be allocated among States on a pro rata basis, 
     based on the mass transit ridership of each State, as 
     compared to the total mass transit ridership of the United 
     States, as determined by the Federal Transit Administration.
                                  ____


                           Amendment No. 880

       At the appropriate place, insert the following:
       Sec. ____. Notwithstanding any other provision of law, 
     amounts made available under this Act for grants and loans 
     for capital projects to replace, rehabilitate, and purchase 
     buses and related equipment and to construct bus-related 
     facilities under section 5309 of title 49, United States 
     Code, shall be allocated among States on a pro rata basis, 
     based on the population of each State, as compared to the 
     total population of the United States, based on the most 
     recent population statistics compiled by the Bureau of the 
     Census of the Department of Commerce.
                                  ____


                           Amendment No. 881

       At the appropriate place, insert the following:
       Sec. ____. Notwithstanding any other provision of law, 
     amounts made available under this Act for grants and loans 
     for capital projects for new fixed guideway systems and 
     extensions to existing fixed guideway systems under section 
     5309 of title 49, United States Code, shall be allocated 
     among States on a pro rata basis, based on the population of 
     each State, as compared to the total population of the United 
     States, based on the most recent population statistics 
     compiled by the Bureau of the Census of the Department of 
     Commerce.

[[Page S7618]]

     
                                  ____
                           Amendment No. 882

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. OBLIGATION OF CONGESTION MITIGATION AND AIR 
                   QUALITY IMPROVEMENT PROGRAM FUNDS.

       Notwithstanding any other provision of this Act or any 
     other law, for fiscal year 2000, funds described in section 
     1101(a)(5) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 112) shall be available for obligation, at 
     the discretion of the Administrator of the Environmental 
     Protection Agency, for the purpose of carrying out any 
     activity that the Administrator is authorized to carry out 
     under any law.
                                  ____


                           Amendment No. 883

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) Perishable agricultural commodity.--The term 
     ``perishable agricultural commodity'' has the meaning given 
     the term in section 1(b) of the Perishable Agricultural 
     Commodities Act, 1930 (7 U.S.C. 499a(b)).
       (3) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the quantity of perishable agricultural commodities 
     produced in the State during the most recent year for which 
     data are available (as determined by the Secretary of 
     Agriculture); bears to
       (2) the quantity of perishable agricultural commodities 
     produced in all States during that year (as determined by the 
     Secretary of Agriculture).
                                  ____


                           Amendment No. 884

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. MAXIMUM HIGHWAY FUNDS APPORTIONMENT TO EACH 
                   STATE.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Determination of Ratio.--For each State, the Secretary 
     of Transportation shall determine the ratio that--
       (1) the population of the State (as determined using the 
     latest available annual estimates prepared by the Secretary 
     of Commerce); bears to
       (2) the population of all States (as determined using the 
     latest available annual estimates prepared by the Secretary 
     of Commerce).
       (c) Maximum Apportionment.--Notwithstanding any other 
     provision of this Act or any other law, a State shall not 
     receive an amount of highway funds that is greater than the 
     State's percentage of the estimated tax payments attributable 
     to highway users in all States paid into the Highway Trust 
     Fund (other than the Mass Transit Account) in the latest 
     fiscal year for which data are available.
       (d) Redistribution of Highway Funds.--The amount of highway 
     funds made available by application of subsection (c) shall 
     be redistributed among the States in the ratio determined 
     under subsection (b).
                                  ____


                           Amendment No. 885

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. MAXIMUM HIGHWAY FUNDS APPORTIONMENT TO EACH 
                   STATE.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Determination of Ratio.--For each State, the Secretary 
     of Transportation shall determine the ratio that--
       (1) the population of the State (as determined using the 
     latest available annual estimates prepared by the Secretary 
     of Commerce); bears to
       (2) the population of all States (as determined using the 
     latest available annual estimates prepared by the Secretary 
     of Commerce).
       (c) Maximum Apportionment.--Notwithstanding any other 
     provision of this Act or any other law, a State shall not 
     receive an amount of highway funds that is greater than the 
     amount obtained by multiplying--
       (1) the amount that is equal to 120 percent of the amount 
     of highway funds made available to all States; by
       (2) the ratio determined under subsection (b) for the 
     State.
       (d) Redistribution of Highway Funds.--The amount of highway 
     funds made available by application of subsection (c) shall 
     be redistributed among the States in the ratio determined 
     under subsection (b).
                                  ____


                           Amendment No. 886

       On page 80, line 11, insert after ``apportionments'' the 
     following: ``: Provided further, That the limitation set 
     forth in this section shall not apply unless authorized by 
     the appropriate authorization committees.
                                  ____


                           Amendment No. 887

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the percentage of transit riders in each state during 
     the most recent year for which data are available (as 
     determined by the Secretary of Transportation); bears to
       (2) the national totals of transit riders (as determined by 
     the Secretary of Transportation).
                                  ____


                           Amendment No. 888

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the amount of coastline of each state-excluding Alaska 
     and Hawaii during the most recent year for which data are 
     available (as determined by the Secretary of Commerce); bears 
     to
       (2) the amount of coastline of all States--excluding Alaska 
     and Hawaii--during that year (as determined by the Secretary 
     of Commerce).
                                  ____


                           Amendment No. 889

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the number of registered vehicles in each state during 
     the most recent year for which data are available (as 
     determined by the Secretary of Transportation); bears to
       (2) the number of registered vehicles in all States during 
     that year (as determined by the Secretary of Transportation).
                                  ____


                           Amendment No. 890

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. App.)
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the number of licensed drivers in each state during the 
     most recent year for which data are available (as determined 
     by the Secretary of Transportation); bears to
       (2) the number of licensed drivers in all States during 
     that year (as determined by the Secretary of Transportation).
                                  ____


                           Amendment No. 891

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. App.)

[[Page S7619]]

       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the amount of combined tons of imports and exports that 
     arrive and depart the United States from each state during 
     the most recent year for which data are available (as 
     determined by the Secretary of Commerce); bears to
       (2) the amount of combined tons of imports and exports that 
     arrive and depart the United States from all States during 
     that year (as determined by the Secretary of Commerce).
                                  ____


                           Amendment No. 892

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the number of vehicle occupants who comply with 
     passenger restraint laws in each state during the most recent 
     year for which data are available (as determined by the 
     Secretary of Transportation); bears to
       (2) the number of vehicle occupants who comply with 
     passenger restraint laws in all States during that year (as 
     determined by the Secretary of Transportation).
                                  ____


                           Amendment No. 893

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . APPORTIONMENT OF HIGHWAY FUNDS.

       (a) Definitions.--In this section:
       (1) Highway funds.--The term ``highway funds'' means the 
     total apportionments made available for fiscal year 2000 
     under sections 104(b), 104(f), 105, 117, 144, and 206 of 
     title 23, United States Code, and section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.).
       (2) State.--The term ``State'' means any of the 50 States 
     and the District of Columbia.
       (b) Apportionment.--Notwithstanding any other provision of 
     this Act or any other law, the highway funds shall be 
     apportioned among the States in the ratio that--
       (1) the amount, as a percentage, spent of its own money on 
     highway spending by each state during the most recent year 
     for which data are available (as determined by the Secretary 
     of Transportation); bears to
       (2) the amount, as a percentage, spent of its own money on 
     highway spending by all States during that year (as 
     determined by the Secretary of Transportation).
                                  ____


                           Amendment No. 894

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . OBLIGATION OF SURFACE TRANSPORTATION PROGRAM

       Notwithstanding any other provision of this Act or any 
     other law, for fiscal year 2000, funds described in section 
     1101(a)(4) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 112) shall be available for obligation, at 
     the discretion of the Secretary of Transportation, for the 
     purpose of carrying out any activity that the Secretary is 
     authorized to carry out under any law.
                                  ____


                           Amendment No. 895

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . OBLIGATION OF NATIONAL HIGHWAY SYSTEM

       Notwithstanding any other provision of this Act or any 
     other law, for fiscal year 2000, funds described in section 
     1101(a)(2) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 112) shall be available for obligation, at 
     the discretion of the Secretary of Transportation, for the 
     purpose of carrying out any activity that the Secretary is 
     authorized to carry out under any law.
                                  ____


                           Amendment No. 896

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . OBLIGATION OF BRIDGE PROGRAM

       Notwithstanding any other provision of this Act or any 
     other law, for fiscal year 2000, funds described in section 
     1101(a)(3) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 112) shall be available for obligation, at 
     the discretion of the Secretary of Transportation, for the 
     purpose of carrying out any activity that the Secretary is 
     authorized to carry out under any law.
                                  ____


                           Amendment No. 897

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . OBLIGATION OF INTERSTATE MAINTENANCE PROGRAM

       Notwithstanding any other provision of this Act or any 
     other law, for fiscal year 2000, funds described in section 
     1101(a)(1) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 112) shall be available for obligation, at 
     the discretion of the Secretary of Transportation, for the 
     purpose of carrying out any activity that the Secretary is 
     authorized to carry out under any law.
                                  ____


                           Amendment No. 898

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . OBLIGATION OF RECREATIONAL TRAILS PROGRAM

       Notwithstanding any other provision of this Act or any 
     other law, for fiscal year 2000, funds described in section 
     1101(a)(7) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 112) shall be available for obligation, at 
     the discretion of the Secretary of Transportation, for the 
     purpose of carrying out any activity that the Secretary is 
     authorized to carry out under any law.
                                  ____


                           Amendment No. 899

       At the appropriate place in title III, insert the 
     following:
       Sec. 3____. Notwithstanding any other provision of law, 
     including section 47114 of title 49, United States Code 
     (relating to apportionments to States), beginning with fiscal 
     year 2000, the Secretary of Transportation shall allocate to 
     each State, from the funds authorized to be appropriated from 
     the Airport and Airway Trust Fund established under section 
     9502 of the Internal Revenue Code of 1986 for airport 
     planning and airport development under section 47104 of title 
     49, United States Code, pursuant to section 48103 of that 
     title, an amount that bears the same ratio to the total 
     amount available for apportionment as the total population of 
     the State bears to the total population of the United States.
                                  ____


                           Amendment No. 900

       At the appropriate place in title III, insert the 
     following:
       Sec. 3____. Notwithstanding any other provision of law, 
     including section 47114 of title 49, United States Code 
     (relating to apportionments to States), beginning with fiscal 
     year 2000, the Secretary of Transportation shall allocate to 
     each State, from the funds authorized to be appropriated from 
     the Airport and Airway Trust Fund established under section 
     9502 of the Internal Revenue Code of 1986 for airport 
     planning and airport development under section 47104 of title 
     49, United States Code, pursuant to section 48103 of that 
     title, an amount that bears the same ratio to the total 
     amount available for apportionment as the total boardings of 
     passengers of air transportation for the preceding fiscal 
     year (as that term is defined in section 40102 of that title) 
     of the State bears to the total number of such boardings in 
     the United States for that fiscal year.
                                  ____


                           Amendment No. 901

       At the appropriate place in title III, insert the 
     following:
       Sec. 3____. Notwithstanding any other provision of law, 
     including section 47114 of title 49, United States Code 
     (relating to apportionments to States), beginning with fiscal 
     year 2000, the Secretary of Transportation shall allocate to 
     each State, from the funds authorized to be appropriated from 
     the Airport and Airway Trust Fund established under section 
     9502 of the Internal Revenue Code of 1986 for airport 
     planning and airport development under section 47104 of title 
     49, United States Code, pursuant to section 48103 of that 
     title, an amount that bears the same ratio to the total 
     amount available for apportionment as the total takeoffs and 
     landings of passengers of air transportation for the 
     preceding fiscal year (as that term is defined in section 
     40102 of that title) of the State bears to the total number 
     of such takeoffs and landings in the United States for that 
     fiscal year.
                                  ____


                           Amendment No. 902

       At the appropriate place in title III, insert the 
     following:
       Sec. 3____. Notwithstanding any other provision of law, 
     including section 44502 of title 49, United States Code 
     (relating to general facilities and personnel authority), 
     beginning with fiscal year 2000, the Secretary of 
     Transportation shall allocate to each State, from the funds 
     authorized to be appropriated from the Airport and Airway 
     Trust Fund established under section 9502 of the Internal 
     Revenue Code of 1986 for general facilities under section 
     44502 of title 49, United States Code, pursuant to section 
     48101 of that title, an amount that bears the same ratio to 
     the total amount available for apportionment as the total 
     population of the State bears to the total population of the 
     United States.
                                  ____


                           Amendment No. 903

       At the appropriate place in title III, insert the 
     following:
       Sec. 3____. Notwithstanding any other provision of law, 
     including section 44502 of title 49, United States Code 
     (relating to general facilities and personnel authority), 
     beginning with fiscal year 2000, the Secretary of 
     Transportation shall allocate to each State, from the funds 
     authorized to be appropriated from the Airport and Airway 
     Trust Fund established under section 9502 of the Internal 
     Revenue Code of 1986 for general facilities under section 
     44502 of title 49, United States Code, pursuant to section 
     48101 of that title, an amount that bears the same ratio to 
     the total amount available for apportionment as the total 
     boardings of passengers of air transportation for the 
     preceding fiscal year (as that term is defined in section 
     40102 of that title) of the State bears to the total

[[Page S7620]]

     number of such boardings in the United States for that fiscal 
     year.
                                  ____


                           Amendment No. 904

       At the appropriate place in title III, insert the 
     following:
       Sec. 3____. Notwithstanding any other provision of law, 
     including section 44502 of title 49, United States Code 
     (relating to general facilities and personnel authority), 
     beginning with fiscal year 2000, the Secretary of 
     Transportation shall allocate to each State, from the funds 
     authorized to be appropriated from the Airport and Airway 
     Trust Fund established under section 9502 of the Internal 
     Revenue Code of 1986 for general facilities under section 
     44502 of title 49, United States Code, pursuant to section 
     48101 of that title, an amount that bears the same ratio to 
     the total amount available for apportionment as the total 
     takeoffs and landings of passengers of air transportation for 
     the preceding fiscal year (as that term is defined in section 
     40102 of that title) of the State bears to the total number 
     of such takeoffs and landings in the United States for that 
     fiscal year.
                                 ______
                                 

                     BOXER AMENDMENTS NOS. 905-951

  (Ordered to lie on the table.)
  Mrs. BOXER submitted amendments intended to be proposed by her to the 
bill, S. 1143, supra as follows:

                           Amendment No. 905

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be apportioned equally among the States (other 
     than the State referred to in that section) and the District 
     of Columbia for use for any activity for which funds may be 
     made available under section 5307, 5309, 5310, or 5311 of 
     title 49, United States Code:''.
                                  ____


                           Amendment No. 906

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be apportioned equally among the States of 
     California and New York for use for any activity for which 
     funds may be made available under section 5307, 5309, 5310, 
     or 5311 of title 49, United States Code:''.
                                  ____


                           Amendment No. 907

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be distributed in the manner described in 
     section 110 of title 23, United States Code (as added by 
     section 1105(a) of the Transportation Equity Act for the 21st 
     Century (112 Stat. 130)):''.
                                  ____


                           Amendment No. 908

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be made available to carry out section 5308 of 
     title 49, United States Code:''.
                                  ____


                           Amendment No. 909

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be made available to carry out section 5506 of 
     title 49, United States Code:''.
                                  ____


                           Amendment No. 910

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be made available to carry out section 5309 of 
     title 49, United States Code:''.
                                  ____


                           Amendment No. 911

       On page 30, line 13, insert before the period the 
     following: ``: Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be available for these purposes''.
                                  ____


                           Amendment No. 912

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 352 of the Department of Transportation 
     and Related Agencies Appropriations Act, 1999 (112 Stat. 
     2681-476), that is unobligated as of the date of enactment of 
     this Act shall be made available to carry out section 5506 of 
     title 49, United States Code:''.
                                  ____


                           Amendment No. 913

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. REPEAL OF CERTAIN AUTHORITY.

       Section 365 of the Department of Transportation and Related 
     Agencies Appropriations Act, 1999 (112 Stat. 2681-477), is 
     repealed.
                                  ____


                           Amendment No. 914

       On page 33, line 22, insert before the colon the following: 
     ``: Provided further, That, notwithstanding any other 
     provision of law, the portion of the funds made available by 
     line items 5 through 16 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-454), that is unobligated as of the date of enactment of 
     this Act shall be distributed equally between the States of 
     California and New York''.
                                  ____


                           Amendment No. 915

       On page 69, strike lines 8 through 13.
                                  ____


                           Amendment No. 916

       On page 20, at the beginning of line 20, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, the portion of the funds made 
     available by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544), that is unobligated as of the date of enactment of 
     this Act shall be apportioned equally among the States and 
     the District of Columbia for use for any activity for which 
     funds may be made available under section 5307, 5309, 5310, 
     or 5311 of title 49, United States Code:''.
                                  ____


                           Amendment No. 917

       On page 80, strike lines 1 through 11.
                                  ____


                           Amendment No. 918

       On page 13, lines 12 through 14, strike ``Provided further, 
     That none of the funds in this Act shall be available for new 
     applicants for the second career training program:''.
                                  ____


                           Amendment No. 919

       On page 21, at the beginning of line 1, insert ``Provided 
     further, That, notwithstanding the preceding proviso, a State 
     shall not receive funds made available under the preceding 
     proviso if the State receives a distribution of amounts 
     recovered from reductions under section 321''.
                                  ____


                           Amendment No. 920

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. CONDITION ON RECEIPT OF TRANSPORTATION FUNDS.

       Notwithstanding any other provision of law, a State shall 
     not receive funds made available by this Act if the State 
     received an exemption from the application of Federal 
     environmental laws to a highway extension linked to a private 
     toll bridge project under section 365 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1999 
     (112 Stat. 2681-477).
                                  ____


                           Amendment No. 921

       On page 80, line 9, insert before the colon the following: 
     ``: Provided further, That no State may receive any funding 
     increase by operation of this section if the State has any 
     funds made available by section 112 of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (112 Stat. 2681-544) that are unobligated as of the date 
     of enactment of this Act''.
                                  ____


                           Amendment No. 922

       On page 80, line 11, insert before the period the 
     following: ``: Provided further, That, notwithstanding any 
     other provision of law, if any such funding reduction is made 
     with respect to the State of California, that State shall 
     receive an amount equal to the amount made available to that 
     State by section 112 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-544) that is unobligated as of the date of enactment of 
     this Act''.
                                  ____


                           Amendment No. 923

       On page 62, line 20, insert before the period the 
     following: ``: Provided further, That no State shall receive 
     any funds under this heading if the State receives a funding 
     increase by operation of section 321 of this Act''.
                                  ____


                           Amendment No. 924

       On page 80, line 4, insert before the colon the following: 
     ``, unless the State also has more than 12.5 percent of the 
     passenger miles reported by the Federal Transit 
     Administration''.
                                  ____


                           Amendment No. 925

       On page 17, line 2, before the period, insert the 
     following: ``: Provided further, That the amount that a State 
     would otherwise receive under this heading shall be reduced 
     by any amount that the State receives in accordance with 
     section 321 of this Act to carry out sections 5307, 5309, 
     5310, and 5311 of title 49, United States Code''.

[[Page S7621]]

     
                                  ____
                           Amendment No. 926

       On page 80, line 2, strike ``12.5 percent'' and insert ``16 
     percent''.
                                  ____


                           Amendment No. 927

       On page 80, line 4, strike ``5309''.
                                  ____


                           Amendment No. 928

       On page 80, line 2, strike ``12.5'' and insert ``15.8''.
       On page 91, after line 9, insert the following new Section:
       Sec. 342. Section 5336 of title 49, United States Code, is 
     amended--
       (1) in subsection (b)(2), by striking ``33.29 percent'' and 
     inserting ``53.29 percent'';
       (2) in subsection (c), by striking ``66.71 percent'' and 
     inserting ``46.71 percent'';
       (3) in subsection (c)(1), by striking ``73.39 percent'' and 
     inserting ``83.39 percent''; and
       (4) in subsection (c)(2), by striking ``26.61 percent'' and 
     inserting ``16.61 percent''.
                                  ____


                           Amendment No. 929

       On page 80, line 11, insert after ``apportionments'' the 
     following:
       ``: Provided further, That the limitation set forth in this 
     section shall not apply to a State if the Secretary of 
     Transportation determines that such State has transit capital 
     and operating funding needs that are in excess of the funding 
     that would be provided pursuant to the 12.5 percent 
     limitation''.
                                  ____


                           Amendment No. 930

       On page 80, line 11, insert after ``apportionments'' the 
     following:
       ``: Provided further, That the limitation set forth in this 
     section shall not apply to a State if the total annual trips 
     in such State is equal to 12.5 percent or more of the total 
     annual transit trips in all States''.
                                  ____


                           Amendment No. 931

       On page 80, line 11, insert after ``apportionments'' the 
     following:
       ``: Provided further, That the limitation set forth in this 
     section shall not apply to any State in which a public 
     transportation authority has entered into a Consent Decree 
     that arises out of litigation commenced in Federal court 
     under title VI of the Civil Rights Act of 1964 and that 
     results in the increased expenditure of public funds for bus 
     services''.
                                  ____


                           Amendment No. 932

       Page 80, line 11, insert after ``apportionments'' the 
     following:
       ``: Provided further, That the limitation set forth in this 
     section shall not apply to a State if the total net project 
     cost of all new fixed guideway projects in final design or 
     construction in such State is equal to 12.5 percent or more 
     of the total net project cost of all new fixed guideway 
     projects in final design or construction in all States''.
                                  ____


                           Amendment No. 933

       Page 80, strike lines 1 through 11 and insert the 
     following:
       Sec. 321. Notwithstanding any other provision of law, no 
     State's share of the total budget resources made available by 
     this Act to carry out 49 U.S.C. 5307, 5309, 5310, and 5311 
     shall exceed the ratio that the total annual transit 
     directional route miles in such State bears to the total 
     annual transit directional route miles in all States: 
     Provided, That for purposes of this calculation the Federal 
     Transit Administration shall include the appropriate state 
     distribution of the funding provided to urbanized areas: 
     Provided further, That the amounts recovered from such 
     reductions shall be distributed equally: Provided further, 
     That such reductions and increases shall be made only to the 
     formula apportionments.
                                  ____


                           Amendment No. 934

       Page 80, strike lines 1 through 11 and insert the 
     following:
       Sec. 321. Notwithstanding any other provision of law, no 
     State's share of the total budget resources made available by 
     this Act to carry out 49 U.S.C. 5307, 5309, 5310, and 5311 
     shall exceed the ratio that the total net project cost of all 
     fixed guideway projects in final design or construction in 
     such State bears to the total net project cost of such 
     projects in all States: Provided, That for purposes of this 
     calculation the Federal Transit Administration shall include 
     the appropriate State distribution of the funding provided to 
     urbanized areas: Provided further, That the amounts recovered 
     from such reductions shall be distributed equally: Provided 
     further, That such reductions and increases shall be made 
     only to the formula apportionments.
                                  ____


                           Amendment No. 935

       Page 80, strike lines 1 through 11 and insert the 
     following:
       Sec. 321. Notwithstanding any other provision of law, no 
     State's share of the total budget resources made available by 
     this Act to carry out 49 U.S.C. 5307, 5309, 5310, and 5311 
     shall exceed the ratio that the total annual transit trips in 
     such State bears to the total annual transit trips in all 
     States: Provided, That for purposes of this calculation the 
     Federal Transit Administration shall include the appropriate 
     State distribution of the funding provided to urbanized 
     areas: Provided further, That the amounts recovered from such 
     reductions shall be distributed equally: Provided further, 
     That such reductions and increases shall be made only to the 
     formula apportionments.
                                  ____


                           Amendment No. 936

       Page 34, strike line 7.
       Page 35, strike lines 15 and 16.
       Page 35, strike line 25.
       Page 36, strike line 1.
       Page 38, strike lines 16 and 17.
       Page 39, strike line 8 and 9.
       Page 39, strike lines 24 and 25.
       Page 41, strike lines 13 through 17.
       Page 46, strike lines 1 and 2.
       Page 46, strike lines 7 through 10.
       Page 54, strike line 2.
       Page 59, strike line 22.
                                  ____


                           Amendment No. 937

       Page 91, after line 9, insert the following new Section:
       Sec. 342 Section 104(b)(1)(A) of title 23, United States 
     Code, relating to the National Highway System program, is 
     amended by striking ``25 percent'' in clause (i) and 
     inserting ``10 percent'' and by striking ``35 percent'' in 
     clause (ii) and inserting ``50 percent''.
                                  ____


                           Amendment No. 938

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(3)(A) of title 23, United States 
     Code, relating to the Surface Transportation Program, is 
     amended by striking ``25 percent'' in clause (i) and 
     inserting ``10 percent'' and by striking ``35 percent'' in 
     clause (ii) and inserting ``55 percent''.
                                  ____


                           Amendment No. 939

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(4) of title 23, United States 
     Code, relating to the Interstate Maintenance Program, is 
     amended by striking ``33\1/3\ percent'' in subparagraph (A) 
     and inserting ``23\1/3\ percent'' and by striking ``33\1/3\ 
     percent'' in subparagraph (B) and inserting ``43\1/3\'' 
     percent''.
                                  ____


                           Amendment No. 940

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(2) of title 23, United States 
     Code, relating to the Congestion Mitigation and Air Quality 
     Improvement Program, is amended--
       (1) in subparagraph (B)(i), by striking ``0.8'' and 
     inserting ``0.6'';
       (2) in subparagraph (B)(vi), by striking ``1.4'' and 
     inserting ``1.6'';
       (3) in subparagraph (C)(i), by striking ``1.2'' and 
     inserting ``1.4''; and
       (4) in subparagraph (D), by striking ``\1/2\ of 1 percent'' 
     and inserting ``1.4 of 1 percent''.
                                  ____


                           Amendment No. 941

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 144(e) of title 23, United States Code, 
     relating to the Highway Bridge Program, is amended by adding 
     at the end thereof the following new sentence: 
     ``Notwithstanding any other provision of this subsection, the 
     ratio which the amount of funding apportioned to a State 
     under this section in any fiscal year bears to the amount of 
     such funding apportioned to all States in such year shall not 
     exceed 110 percent of the ratio which the population in such 
     State bears to the population in all States.''
                                  ____


                           Amendment No. 942

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(2) of title 23, United States 
     Code, relating to the Congestion Mitigation and Air Quality 
     Improvement Program, is amended in subparagraph (B)(vi), by 
     strking ``1.4'' and inserting ``1.6''.
                                  ____


                           Amendment No. 943

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(2) of title 23, United States 
     Code, relating to the Congestion Mitigation and Air Quality 
     Improvement Program, is amended in subparagraph (C)(i), by 
     striking ``1.2'' and inserting ``1.4''.
                                  ____


                           Amendment No. 944

       Page 91, after line 9, insert the following new Section:
       Sec. 342. Section 104(b)(2) of title 23, United States 
     Code, relating to the Congestion Mitigation and Air Quality 
     Improvement Program, is amended in subparagraph (D), by 
     striking ``\1/2\ of 1 percent'' and inserting ``\1/4\ of 1 
     percent''.
                                  ____


                           Amendment No. 945

       On page 44, line 15, insert the following:
       ``Los Angeles/City of El Segundo Douglas Street Green Line 
     connection;''.
                                  ____


                           Amendment No. 946

       On page 61, line 1, strike the word ``Sepulveda'' and 
     insert ``El Segundo''.
                                  ____


                           Amendment No. 947

       On page 44, line 15, insert the following:
       ``Los Angeles/City of El Segundo Douglas Street Green Line 
     connection;''.
       On page 61, line 1-2, strike the following:
       ``Los Angeles/City of Sepulveda Douglas Street Green Line 
     connection;''.
                                  ____


                           Amendment No. 948

       On page 20, line 11, after the colon, insert
       ``and 5,000,000 shall be made available to carry out 
     section 1207(c)(1)(C) of Public Law 105-178:''.

[[Page S7622]]

                           Amendment No. 949

       On page 91, after line 11, insert the following new 
     section:

     SEC. 342. TRANSPORTATION EQUITY FOR FERRY SERVICES.

       (a) Findings.--Congress finds that
       (1) The San Francisco Bay Area Regional Ferry Plan contains 
     two phases. The first phase of the Plan is devoted to the 
     existing ferry services operating on the Bay. The second 
     phase considers the feasibility of new origins and 
     destinations for passenger ferry services and institutional 
     arrangements to best operate the ferry services on the Bay.
       (2) This study is a result of initiatives to improve ferry 
     service in the Bay Area and to develop better ways of 
     evaluating ferry proposals. These include Senate Bill 2169 
     (Kopp, 1990), which suggests preparation of a Bay Area ferry 
     plan by the Metropolitan Transportation Commission, and 
     Proposition 116, a 1990 initiative which included $30,000,000 
     in capital funding for ferry improvement projects, including 
     $10,000,000 dedicated for Vallejo service.
       (3) Ferry transit has played a significant role in San 
     Francisco Bay for almost 150 years. Vessels which brought 
     people during gold rush days were utilized for San Francisco-
     Sacramento and cross-bay service. Eclipsed by highway and 
     bridge construction during the 1930's, a faster generation of 
     ferries are once more becoming valuable cross-bay connectors 
     offering alternatives to congestion in some corridors, and as 
     emergency alternatives to these same highways and bridges.
       (4) The summary of Phase 1 of the Plan includes (1) goals 
     and objectives for the region's ferry services, (2) 
     description of current ferry services, (3) an evaluation of 
     the existing ferry services, and (4) recommendations to 
     improve the existing ferry services. Funding has been secured 
     for many of the recommended improvements (e.g., vessel 
     purchases and terminal improvements), which will be 
     implemented over the next few years and are expected to 
     significantly increase ferry ridership in the Bay Area.
       (5) The summary of Phase 2 of the Plan includes (1) a 
     detailed evaluation of and recommendations for potential new 
     ferry routes throughout the region, and (2) an evaluation of 
     and recommendations for institutional arrangements to best 
     operate ferry services. The evaluation of new routes analyzes 
     the expected performance and the implementation steps needed 
     for potential new services. An important factor for all Phase 
     2 services is that current services consume all existing 
     funding available.
       (6) Any implementation of Phase 2 requires additional new 
     revenue sources.
       (7) As regional and local agencies look to the future of 
     the San Francisco Bay Area, goals include transportation 
     mobility, transit coordination, clean air, fully accessible 
     transit, reduction in dependence on the automobile, emergency 
     preparedness transit alternatives, access to recreation and 
     tourism, energy-saving transportation, and environmentally 
     superior and cost-effective alternatives to new highway 
     construction. When applied to the appropriate corridors, 
     ferries can provide the means for achieving all of these 
     regional objectives.
       (7) Experience in other metropolitan areas of North America 
     is indicating increasing utilization of ferries for commute 
     and non-commute travel, particularly in New York, Boston, 
     Vancouver, and Seattle. Goals and objectives vary, but 
     providing attractive alternatives to congested highways and 
     transit linkages are universal, as are goals to reduce the 
     use of automobiles in congested central cities.
       (8) A set of goals and polices for Bay Area ferry service 
     are proposed based on the regional transportation and air 
     quality goals, and experience with ferry service in other 
     areas. In sum, the proposed goals are to enhance regional 
     mobility and support regional planning policies, create a 
     transit option that is an attractive alternative to the 
     automobile, offer a transit option that can be initiated in a 
     timely environmentally benign, and cost effective manner, 
     provide transit service that operates efficiently and reduces 
     the need for high cost alternative transportation 
     investments, provide ferry service that is reliable, safe, 
     and fully accessible and develop terminals that are 
     consistent with local and regional plans.
       (9) The Plan has developed a comprehensive set of criteria 
     to evaluate the existing services and potential new ferry 
     services. It is important to have a set of evaluation 
     criteria in place for two purposes.
       (10) First, criteria are essential for the evaluation of 
     competing proposals for ferry service, where operating and 
     capital funds are limited. Second, the criteria are important 
     for the evaluation of ferry service as a temporary or 
     permanent alternative to other transportation investments 
     such as building a new bridge, widening a freeway, or 
     building an alternative transit project.
       (11) This list of criteria can also act as a checklist for 
     consideration when ferries are proposed as traffic mitigation 
     or emergency service providers.
       (12) Golden Gate Bridge, Highway, and Transportation 
     District's (GGBHTD) and Red & White both serve Sausalito, but 
     at different times of the day. Geographically, Sausalito is 
     ideally suited for the six mile commute to San Francisco. The 
     terminal facilities in Sausalito are spartan and not 
     accessible to persons with disabilities.
       (13) Golden Gate's eleven mile Larkspur to San Francisco 
     route is the most integrated and efficient ferry system in 
     the Bay Area. Three large, medium speed ferries, operating 
     from well engineered terminal facilities, provide very 
     nearly a shuttle service from Marin County to San 
     Francisco. Of approximately 2,000 daily Marin County ferry 
     commuters, the Larkspur service carries 1,400 of them. The 
     two mile Larkspur Channel with its wake restriction is a 
     significant constraint to Larkspur service, and present PM 
     peak period traffic conditions preclude greater use of 
     autos for terminal access.
       (14) Like Sausalito, Tiburon has ideal geographic 
     conditions, but rudimentary terminal facilities. Red & white 
     operates non-subsidized service between Tiburon and San 
     Francisco, providing commuter service to downtown San 
     Francisco via the Ferry Building (Pier 1/2) and non-commute 
     service to Fisherman's Wharf.
       (15) Subsidized ferry service has been provided from 
     Oakland and Alameda to San Francisco since the 1989 Loma 
     Prieta earthquake. Seventy five percent of the riders are 
     commuters and most of these come from Alameda where the 
     facilities have just been substantially improved. The service 
     is currently provided by a leased vessel which is slow in 
     both loading and crossing. While commute times from Alameda 
     are competitive with auto, bus and BART, the Oakland service 
     is not.
       (16) Red & White provides subsidized service to Vallejo in 
     the longest current Bay Area ferry route. The single commute 
     trips in the morning and afternoon are essentially full, 
     while the three non-commute round trips in between account 
     for nearly an equal number of passengers. As is the case in 
     Larkspur, a two mile wake restricted channel adds extra time 
     to the Vallejo commute. The current vessels make the trip in 
     about 70 minutes.
       (17) The findings of the evaluation of the existing 
     services fall into three main categories: travel time of 
     ferry services is not competitive with the automobile, 
     frequency of ferry services are not adequate and ferry 
     terminal facilities do not offer basic amenities or adequate 
     accessibility.
       (18) The current commute time between Sausalito and San 
     Francisco is 30 minutes, which is not competitive with the 
     automobile.
       (19) The terminal facilities in Sausalito do not provide 
     adequate accessibility to persons with disabilities. The 
     terminal facilities do not meet published guidelines for 
     barrier free access in the areas of gangway slope, tactile 
     makings for the sight impaired, and protective railing on 
     floats.
       (20) The current Larkspur to San Francisco service is well 
     conceived and provides excellent shoreside facilities. The 
     terminals, both in Larkspur and San Francisco, are well 
     designed for passenger flow, passenger safety, and passenger 
     comfort.
       (21) The ferry commute time between Larkspur and San 
     Francisco is excessive (45 minutes), which is not competitive 
     with the automobile.
       (22) The access into and out of the parking lot at the 
     Larkspur terminal is not adequate. On the return trips from 
     San Francisco it can take up to 15 minutes to get out of the 
     parking lot, which  significantly adds to overall travel 
     time.
       (23) The Red & White ferry service to Tiburon is efficient 
     and could accommodate increased patronage.
       (24) The terminal facilities in Tiburon do not provide 
     adequate accessibility to persons with disabilities or 
     covered passenger waiting areas.
       (25) The total ridership on the Alameda/Oakland service has 
     been increasing. Approximately 70% of commute period 
     ridership is from Alameda.
       (26) Alameda shows strong potential as a commute terminal.
       (27) With a short channel speed restricted zone, auto 
     commute time is significantly longer than the current ferry 
     travel time of 20 minutes.
       (28) The Oakland terminal has limited residential access to 
     the ferry terminal, which results in limited commute trips. 
     However, midday and weekend service from Oakland is and is 
     expected to continue to be productive.
       (29) The current vessel on the Alameda/Oakland service is 
     not suitable, both by loading arrangement (accessibility) and 
     speed for commuter service from Alameda and Oakland.
       (30) Given the traffic congestion on I-80, Vallejo is an 
     excellent candidate for high speed ferry service.
       (31) The current service consists of one commute trip each 
     day, which does not provide adequate capacity or a real 
     commute option for commuters from Solano County.
       (32) Ferry travel time between Vallejo and San Francisco is 
     approximately 65-70 minutes, which is marginally competitive 
     with the automobile.
       (33) The Pier \1/2\ terminal facility in San Francisco is 
     served by the ferry services from Alameda, Oakland, Tiburon, 
     and Vallejo. The Pier \1/2\ terminal facility is deficient in 
     a number of areas, including:
       (34) Ramps and floats are not adequately accessible to 
     persons with disabilities.
       (35) There is not adequate sheltered passenger waiting 
     area.
       (36) There is no area for convenient and easily accessible 
     connecting bus service, so that ferry passengers can easily 
     transfer to buses servicing Union Square, the Civic Center, 
     and the City's various institutions.
       (37) The recommended ferry service improvement plan for the 
     existing services is based on: (1) a plan to resolve the 
     service deficiencies identified in the evaluation of the

[[Page S7623]]

     existing services, and (2) a service plan that supports 
     ridership projections.
       (38) In order to carry out one of the major goals of the 
     Plan that the recommendations lead to the implementation of 
     improved services, the plan set out parameters in developing 
     the recommended service improvement plan.
       (39) The major parameters/guidelines used in developing the 
     service improvement plan are as follows: a plan that could be 
     implemented, accounts for the current planning of the 
     individual operators, and can be financed (operating and 
     capital), maximizes ridership in relation to funding 
     investment, provides incremental approach to service 
     improvements, coordinate ferry services to extent possible 
     with other transit services.
       (40) In general, the major service and capital improvement 
     recommendations in the plan include interlining some of the 
     existing services, so in a sense there are three routes 
     provided: a Larkspur-San Francisco-Sausalito route, an 
     Oakland-Alameda-San Francisco-Tiburon route and a Vallejo to 
     San Francisco route; purchasing five to six new high speed 
     catamarans; constructing terminal improvements at Pier \1/2\ 
     in San Francisco, and in Vallejo, Sausalito and Tiburon; and 
     improving the current feeder bus services to all of the ferry 
     terminals.
       (41) The recommended service improvement plan for GGBHTD's 
     Larkspur and Sausalito services include purchasing two high 
     speed catamarans to operate on the Larkspur and Sausalito 
     services, operating a 68 weekday trip schedule (38 Larkspur-
     San Francisco, 30 Sausalito San Francisco), compared to 46 at 
     present. Hourly midday service would encourage peak hour 
     patronage because of the additional flexibility. This service 
     plan would allow the district to operate 15 to 30 minute 
     headways between Larkspur and San Francisco during the a.m. 
     peak period as opposed to the 30 to 40 minute headways 
     currently being provided, reduce the travel time between 
     Larkspur and San Francisco from the current 45 to 50 minutes 
     down to 30 minutes, which is faster than the automobile 
     between the Larkspur area and San Francisco, allow the 
     District to provide a total of 45% more service in about the 
     same number of operating hours as currently being operated, 
     due to the faster vessels. Therefore, the total operating 
     cost for the increased service level is not that much more 
     than for the current operations, improve parking access to/
     from the Larkspur ferry terminal (The City of Larkspur is 
     currently improving the access into/out of the terminal), and 
     improving terminal facilities in Sausalito.
       (42) It is estimated that this service plan will generate 
     7,000 daily riders on the Sausalito and Larkspur services 
     compared to about 5,500 riders at present. Service would 
     begin upon the delivery of new, fast vessels and the 1994-95 
     fiscal year would represent the first full year of operation.
       (43) The recommended service improvement plan for the 
     Tiburon-Alameda-Oakland services includes the purchase of two 
     high speed catamarans to provide service on one continuous 
     route between Oakland-Alameda-San Francisco and Tiburon, 
     operating 64 weekday trips compared to 37 on the two routes 
     at present, including hourly service during the midday. This 
     service plan would use vessels more efficiently--one high 
     speed vessel will have difficulty maintaining hourly headways 
     between Oakland-Alameda-San Francisco.
       (44) While one vessel would have slack time in operating 
     hourly headways between Tiburon and San Francisco, it will 
     provide more commute service between Alameda and San 
     Francisco, which has the most potential of the three 
     locations for ridership gains. The commute service level for 
     Oakland and Tiburon would remain about the same as it is now.
       (45) Improvements to feeder bus services are proposed, 
     including both rerouted Alameda buses and better service to 
     the Tiburon terminal.
       (46) It is estimated with this level of service that 
     ridership on these services would increase about from about 
     1,500 daily riders to over 2,600 daily riders. However, given 
     that Red & White Fleet operates un-subsidized service to 
     Tiburon, some type of coordination between those entities or 
     some type of different institutional arrangement would have 
     to be worked out before this service improvement could be 
     implemented. Given this, at this time, the Plan is 
     recommending that initially one high speed vessel be 
     purchased for the Alameda-Oakland-San Francisco service and 
     the Tiburon service remain unchanged.
       (47) The recommended service improvement plan for the 
     Vallejo-San Francisco service includes purchase and operation 
     of two high speed vessels on a 28 day weekday trip schedule 
     in contrast with six trips at present, (this service plan 
     would reduce the one way travel time between Vallejo and San 
     Francisco to about 55 minutes, compared to about a 65 to 70 
     minute travel time on that service now), provide three to 
     four a.m. commute trips (compared to the one a.m. commute 
     trip currently provided), construct an intermodal facility in 
     Vallejo, and improve local connecting bus services and 
     connecting bus services from locations throughout Solano 
     County.
       (48) With this service level and anticipated growth in 
     Solano County, the Plan projects that ridership on the 
     Vallejo service would increase significantly--from about 800 
     riders per day to about 2,500 riders per day. Expanded 
     service is expected to begin in 1994 and the 1994-95 fiscal 
     year would represent the first full year of operation.
       (49) The recommended service improvement plan for the Pier 
     \1/2\ terminal facility are: provision of an adequate number 
     of ferry slips (these slips should accommodate the required 
     number of peak period vessels in an efficient and convenient 
     method), central control over the ferry docking facilities in 
     San Francisco by the Port Commission to ensure that any 
     potential provider of viable ferry service has access to a 
     convenient and coordinated facility, provision of barrier 
     free accessibility for disabled persons to all ferry docks, 
     provision of a convenient passenger environment sheltered 
     from poor weather and featuring comfortable waiting areas, 
     provision of convenient and easily accessible connecting bus 
     service.
       (50) The plan looked at a number of different vessel types 
     to operate the recommended service levels. Including 
     conventional monohulls, catamarans, hydrofoils, hovercrafts 
     and surface effect ships.
       (51) The vessel types were evaluated on a number of factors 
     including, capital and operating cost, speed, size of the 
     vessel, comfort, reliability, accessibility and ability to 
     be build in the U.S.
       (52) Several vessels exist which meet the requirements 
     developed for the individual routes. At the time of bid, 
     other possibilities may exist, but in 1991 the supply of 
     adequate high speed, high capacity boats is limited.
       (53) To operate the recommended service plan for the 
     Vallejo and Larkspur services, vessels capable of around 35 
     knots (38 mph), are necessary to provide transit speeds that 
     are competitive with the automobile. The recommended vessels 
     for these services are either the 37 meter Westamarin 
     catamaran from Norway or the 35(S) meter Incat design from 
     Australia. Both vessels can be build in the U.S., although to 
     date neither has, are capable of appropriate commute speeds, 
     represent existing proven technology and are suitable for all 
     sea and climatic conditions. It is recommended that the 
     GGBHTD and City of Vallejo jointly procure vessels, which 
     result in ship-builder economies of scale and lower costs to 
     the public. The cost of each vessel is projected at $5-5.5 
     million.
       (54) At this time, it is recommended that initially one new 
     vessel be purchased for the Alameda/Oakland-San Francisco 
     service, pending resolution of institutional issues with the 
     Tiburon service and pending successful testing of Alameda 
     service. It it appears that this arrangement can be achieved, 
     it is recommended that a second vessel be procured to operate 
     the service. A 25-26 knot vessel is recommended for the 
     Alameda/Oakland service--at an estimated cost of $2.5-3 
     million per vessel.
       (55) The Plan recommends that the Alameda, Oakland, and 
     Vallejo ferry services continue to be operated by private 
     ferry operators under contract to public agencies. The public 
     agencies would purchase and own the recommended vessels and 
     contract out the operations of those vessels to a private 
     operator(s). It is believed that the free market provides a 
     powerful incentive to the private sector to make a profit and 
     that this motivation can be harnessed to increase overall 
     system productivity.
       (56) The Plan evaluated 17 potential ferry routes 
     throughout the Bay Area. The routes that were evaluated were 
     determined by review of past and current ferry service 
     proposals and the routes evaluated as part of MTC's Bay 
     Crossing Study. Considerations were also given to the 
     potential to interline routes--either making multiple stops 
     or alternating service routes with a single vessel in order 
     to gain greater efficiency in the utilization of vessels and 
     crew. While commute routes are the primary focus for this 
     analysis, consideration has also been given to recreational 
     ferry services, facilitation of bicycle access, accommodation 
     of freight, and emergency preparedness capabilities of ferry 
     services. Each of the potential routes was evaluated on 
     number of criteria, including projected patronage levels, 
     financial performance (e.g. cost per passenger), 
     environmental impacts, and capital and operating costs and 
     requirements.
       (57) A key factor regarding implementation of new services 
     is that operating and capital subsidy funds for 
     transportation projects are extremely limited. In general, 
     there are limited capital funds available for new projects; 
     however, existing operating funds are used to their maximum. 
     In fact, many transit operators in the region are reducing 
     their services due to the lack of operating 
     support. Therefore, a crucial component of implementing 
     any new ferry service is securing additional fund sources.
       (58) The evaluation criteria were assessed individually and 
     as a whole for each route. For example, if a particular route 
     did not perform well on a certain criteria (e.g. no 
     facilities in Place), but performed well on all other 
     criteria, it could be given favorable consideration. At the 
     same time, there could be one criteria (e.g. major 
     environmental issues or other planned transit improvements in 
     the same corridor) that could over-ride other more favorable 
     factors and make the route not feasible. Based on this 
     analysis, the routes were grouped into the three categories, 
     as follows:
       (59) Four routes are recommended for further consideration 
     in this Plan. Further study does not represent a 
     recommendation for implementation at this time, but 
     preparation of a more detailed consideration in the regional 
     plan to determine the feasibility of implementation. The four 
     routes are:

[[Page S7624]]

       --Port Sonoma/Marin--San Francisco
       --Martinez--San Francisco
       --Berkeley/Albany--San Francisco
       --Alameda (Bay Farm Island)--San Francisco
       (60) These routes are the best performing routes in terms 
     of patronage and financial performance. All of the routes are 
     projected to recover more than 50% of their costs from the 
     farebox and require subsidy levels that are consistent with 
     other transbay transit services in the region. Major adverse 
     environmental concerns (dredging, wake impact) are not 
     expected with these services.
       (61) Port Sonoma-Marin-San Francisco: Of the routes 
     evaluated, this route is projected to have the highest 
     ridership (438 passengers for three A.M. peak departures) and 
     the best financial performance. Ferry travel time (one-way) 
     is projected at about 45 to 50 minutes, which is about 30 
     minutes faster than driving between Novato and San Francisco 
     (single occupant auto). This service has been proposed by a 
     private organization as a mitigation to a development in the 
     Bel Marin Keys area. The developer has indicated that it will 
     at least partially fund the service. No dredging or major 
     wake impacts are expected due to this service.
       (61) Martinez-San Francisco: Ridership projections for this 
     route are 250 peak passengers for one A.M. peak departure. 
     Ferry travel time (one-way) is projected to be about 55 
     minutes, which is about 30 minutes faster than driving 
     between Martinez and San Francisco (single occupant auto). 
     The Martinez area does not have a high level of other transit 
     options to San Francisco. No dredging or major wake impacts 
     are expected due to this service.
       (62) Berkeley/Albany-San Francisco: Morning peak patronage 
     is expected to exceed 270 passengers for three peak trips. 
     The Golden Gate Fields option at Gilman Street promises 
     stronger midday patronage and also serves portions of 
     Berkeley and Albany that are not well served by other 
     transbay transit. It is estimated that on race days total 
     daily ridership would be approximately 1,200 passengers per 
     day for this 20 minute crossing. There would be some dredging 
     needed at the Golden Gate Fields terminal location.
       (63) Alameda (Bay Farm Island)-San Francisco: This service 
     was implemented in March, 1992. The proposed service has 
     docking facilities in-place in Alameda and in San Francisco. 
     A.M. peak ridership is expected to be 217 passengers for 
     three 23 minute trips; current ridership is about 75% of 
     projections. The route is currently supported by a private 
     development firm. No dredging or major wake impacts are 
     expected due to this service.
       (64) The routes in this category do not perform as well as 
     the routes recommended for further evaluation. Given limited 
     operating resources, these routes are not recommended for 
     further evaluation at this time, but are worthy of future 
     consideration as circumstances change. These circumstances 
     include population increases near terminal facilities, delays 
     or elimination of other planned transportation improvements, 
     ability to provide lower cost ferry service, and new sources 
     of operating subsidies. The routes recommended in this 
     category are Richmond-San Francisco, San Leandro-San 
     Francisco, Rodeo-San Francisco.
       (65) In general, these routes are projected to recover less 
     than 50% of their costs from the farebox and require subsidy 
     levels that are between $3.00 and $5.00 per passenger, which 
     is higher than existing transbay transit services in the 
     region.
       (66) Richmond-San Francisco: Of the routes in this group 
     the Richmond service using the Point Richmond docking site 
     has the best overall performance. Projected ridership is 
     about 240 A.M. peak riders generating about a 41% farebox 
     recovery ratio; the subsidy per passenger is projected to be 
     $3.40 per passenger. The major limiting factors for a 
     Richmond service are that patronage is constrained because at 
     this time there is no midday travel generator and there are 
     good commute services between central Richmond and San 
     Francisco provided by AC Transit and BART. Bus services and 
     shared ride auto travel is expected to improve between 
     Richmond and San Francisco with the planned construction of 
     high occupancy vehicle (HOV) lanes on Interstate 80 between 
     Richmond and the San Francisco Bay Bridge. Also, during the 
     construction project period, a number of transit improvements 
     are planned for the I-80 corridor as mitigation measures. As 
     the I-80 improvement project begins and mitigation measures 
     are implemented and evaluated, it is recommended that the 
     City work with Caltrans to determine if there is the need and 
     available mitigation funding to consider ferry service from 
     Richmond as a mitigation project. The City of Richmond has 
     indicated that the commercial and industrial base in Richmond 
     is growing and further developments are expected. As 
     residential and commercial densities grow in the terminal 
     areas, ferry patronage would be expected to increase which 
     would enhance the feasibility of ferry service from Richmond. 
     MTC will be assisting the transit operators in the I-80 
     corridor to develop a long range finance plan for transit 
     services in the corridor. It is recommended that the City of 
     Richmond participate in these planning efforts so that ferry 
     services between Richmond and San Francisco can be further 
     considered as a long-term transit project for the I-80 
     corridor. Additionally, the East Bay Regional Park District 
     has expressed interest in examining alternate uses for the 
     Point Richmond docking facility (e.g. shared ferry 
     maintenance facility, etc.). It is recommended that the Park 
     District and City explore alternate uses of these facilities 
     in conjunction with the proposed Ferry Consortium.
       (67) Rodeo-San Francisco: Projected ridership for service 
     between Rodeo and San Francisco is about 250 A.M. peak rider 
     for a one vessel service. Projected riders are fairly high 
     for this service because there are not good transit service 
     options to San Francisco from the Rodeo, Crockett, and 
     Pinole areas. The greatest limiting factor for a service 
     from Rodeo is the need to widen and dredge the marina, 
     build a dock, and provide parking, which is estimated to 
     cost about $4.0 million.
       (68) San Leandro-San Francisco: Projected ridership for 
     service between San Leandro and San Francisco is about 200 
     a.m. peak riders. The subsidy per passenger is projected to 
     be $4.77, which is significantly higher than other ferry 
     services. Ridership for a San Leandro service is constrained 
     because the major population centers in the area are east of 
     I-880 and are served by the BART system, while the area near 
     the marina is primarily industrial. Ferry service from San 
     Leandro would only be feasible if higher density residential 
     areas developed near the San Leandro marina.
       (69) Based on the evaluation, the routes listed below are 
     not feasible for ferry services. Ridership levels are 
     projected to be low and for many of these areas there are 
     other existing or planned transit services serving the same 
     corridors. These routes are Benicia-San Francisco, Pittsburg-
     San Francisco, Redwood City-San Franciso, South San 
     Francisco-San Francisco, Redwood City-San Leandro, Benicia-
     Martinez, and South San Francisco-San Leandro.
       (70) In each case, the potential ridership was projected to 
     be under 200 during the a.m. peak period, farebox recovery 
     ratios were projected to be less than 35%, and the subsidy 
     per passenger required to support the services is between 
     $6.00 and $12.00 per passenger, which is significantly higher 
     than current ferry services and other transbay transit 
     services.
       (71) Based on the preliminary analysis of airport, 
     recreational and vehicle/freight ferry services, it appears 
     there could be potential for these types of services, but a 
     more thorough analysis of each type is needed. Therefore, it 
     is recommended that MTC, Caltrans, the proposed Ferry 
     Consortium and other interested parties should discuss and 
     examine the need and the method to further evaluate ferry 
     services related to ferry services feeding the San Francisco 
     and Oakland airports, recreational ferry services, and 
     vehicle, truck and freight movement ferry services.
       (71) The Plan refined the patronage forecasting, service 
     planning, vessel and facility analysis, and financial 
     analysis for the four routes that were recommended for 
     further evaluation: Port Sonoma-Marin to San Francisco, 
     Martinez to San Francisco, Berkeley/Albany to San Francisco 
     and Alameda/Bay Farm Island to San Francisco.
       (72) One of the routes, the Bay Farm Island to San 
     Francisco service, also known as the Harbor Bay Isle Ferry, 
     recently initiated operation. This is a privately funded 
     service intended to operate as a demonstration for at least 
     three years. At the end of this period this service should be 
     evaluated against the goals and objectives outlined in this 
     study.
       (73) Of the potential ferry services analyzed, service from 
     Port Sonoma-Marin is found to be overall the most effective. 
     A high speed ferry service from Port Sonoma would 
     significantly reduce the travel time between the Port Sonoma/
     Novato area and San Francisco.
       (74) The financial performance of the Port Sonoma-Marin 
     service is also very good. The required subsidy per passenger 
     trip is estimated to be about $1.60 and the farebox recovery 
     ratio for the Port Sonoma ferry service is approximately 70%, 
     which are both significantly better than most transit 
     systems operating in the San Francisco Bay Area.
       (75) The capital cost requirements for the service are 
     significantly greater than the other ferry service analyzed 
     in this report. The contributing factor is that this service 
     requires two high speed vessels to be successful. The capital 
     costs for the vessels and terminal improvements are projected 
     to be about $12.5 million, which is almost twice as much as 
     any of the other services.
       (76) At present there is not a midday market for the 
     service. Lack of service during the midday could reduce 
     commute ridership.
       (77) Ferry service from Martinez would be effective. One 
     way travel time between Martinez and San Francisco on the 
     ferry service (55-60 minutes) is estimated to be 35% faster 
     than by automobile (drive alone) and 29% faster than the 
     combination of BART express bus and BART rail service.
       (78) A major concern regarding the Martinez service is that 
     the proposed level of service (one a.m. and one p.m. 
     departure) does not offer enough of an option for commuters 
     to sustain projected ridership for the long-term. The limited 
     peak period service limits total ridership levels.
       (79) There is not a midday market for the service between 
     Martinez and San Francisco. Lack of service during the midday 
     could reduce commute ridership, since returning during the 
     midday is not an option for the commuter. To adequately use 
     the vessel for this service, midday uses for the vessel 
     should be explored.
       (80) The Martinez service has the best financial 
     performance and the lowest amount

[[Page S7625]]

     of operating subsidy required of the services analyzed. The 
     required subsidy per passenger trip would be about $1.30 and 
     the estimated farebox recovery ratio for the Martinez ferry 
     service is approximately 75%.
       (81) Although its travel time is comparable to BART service 
     and AC Transit express bus service between Berkeley/Albany 
     and San Francisco, this service may be slightly less 
     convenient because it does not offer as frequent service 
     during peak periods.
       (82) The Berkeley/Albany service is the only one of the 
     services analyzed that offers a viable midday trip generator. 
     The service would provide direct Golden Gate Fields racetrack 
     access, which reduces traffic during the midday on I-80 and 
     maximizes the use of the vessel and should help support the 
     commute period riders by having the option of returning to 
     their point of origin during the midday.
       (83) The financial performance of the Berkeley/Albany 
     service is not as good as the other new ferry services 
     analyzed. The required subsidy per passenger trip is 
     estimated to be about $2.70 and the farebox recovery ratio 
     for the Berkeley/Albany service is approximately 45%. The 
     Berkeley/Albany service also requires the most annual 
     operating subsidy of the services analyzed. It is estimated 
     that this service will require about $700,000 in annual 
     subsidy support.
       (84) The Harbor Bay Isle service is currently averaging 
     about 310 total passengers per weekday day, which is about 
     100 daily riders less than anticipated by Harbor Bay Maritime 
     and about 70% of the ridership projections in this plan.
       (85) The current service is significantly faster than other 
     modes of travel between Bay Farm Island and San Francisco. 
     Current one way travel time, including access time, on the 
     Harbor Bay service is approximately 30 minutes including 
     access time, which is about 20 minutes faster than by 
     automobile (drive alone) and about 14 minutes faster than AC 
     Transit express bus service. However, the ferry service is 
     more costly to the passenger than AC Transit's express bus 
     service.
       (86) Based on projected ridership levels and the plan's 
     estimate of costs (excludes vessel lease costs), the required 
     subsidy per passenger is estimated to be about $2.15 per 
     passenger and the estimated farebox recovery ratio for the 
     service is approximately 62%.
       (87) Overall, all of the potential new services (Port 
     Sonoma, Martinez and Berkeley/Albany) would represent a 
     beneficial enhancement to the matrix of transportation 
     options available in the Bay Area. While the new services 
     would not have a large impact on San Francisco bound commute 
     traffic, together with existing transit services they offer 
     another viable option to the private automobile. The Alameda 
     Bay FarmIsland/Harbor Bay service has expanded ridership 
     levels from the City of Alameda without significantly 
     diverting patronage from the pre-existing Alameda ferry 
     service. AR of the services would: (1) be faster than autos; 
     (2) provide new transit service without significant capital 
     investment compared to alternatives; (3) provide an emergency 
     preparedness option; and (4) take vehicles completely off of 
     the bridge/highway system. Also, a few of the routes include 
     opportunities for long-term private investment which is of 
     critical importance during this period of greatly constrained 
     public revenues. Private investment in ferries increases the 
     overall economic viability of the services.
       (88) However, the implementation of any of the new services 
     relies on a number of outstanding factors. The most important 
     include determining a project sponsor(s) to pursue the 
     implementation of the services, and securing capital funds 
     and long-term operating support for the services.
       (89) The first step for a new service is to determine what 
     entity or entities (local jurisdiction, private party, etc.) 
     will implement and operate the services. This plan analyses 
     the expected performance, the operating and capital needs, 
     and the remaining implementation steps for each of the 
     services. It will ultimately be up to the project sponsors to 
     use this analysis and their own information to determine if 
     the implementation of the ferry services are consistent with 
     their plans and within current resources. At present, there 
     are inadequate federal, state, and regional funds to support 
     the operations of the new services without adversely 
     affecting existing transit services.
       (90) The report recommendations are presented as: (1) the 
     step(s) on the part of the project sponsors that need to take 
     place to begin implementation and/or continuation of the 
     services; and (2) policy direction and role for the 
     Metropolitan Transportation Commission (MTC) in the review, 
     planning, and funding of new ferry services.
       (91) The steps required for implementation of the potential 
     services address the critical issues that will need to be 
     resolved by the local jurisdictions/project sponsors for each 
     route to determine their ultimate ability to be implemented. 
     These issues include securing operating and capital funds 
     for the services, completing access improvements to the 
     terminals, finding sponsoring agencies to manage and 
     operate the services, and securing required governmental 
     approvals. Many of these issues hinge upon one another and 
     most will need to be fully satisfied prior to investments 
     in the services. It is recommended that MTC support and 
     public fund investments in any of these services be 
     contingent upon completion and/or substantial progress 
     being made on all of the outstanding implementation 
     issues. For example, it would not be prudent to invest 
     public funds into capital requirements (e.g. vessels 
     purchases) for any service until required governmental 
     approvals (e.g. BCDC, PUC, local jurisdiction approvals) 
     or adequate operating funds have been secured. The 
     implementation steps are outlined for each service below.
       (92) Operating and Capital Financial Support. A commitment 
     on the part of the private sponsor is needed for the required 
     capital equipment and to support long term operations. The 
     proposed sponsor's interest (Venture Corporation) is 
     contingent upon approval of the Bel Marin Keys development. 
     Without approval and construction of that project, Venture 
     Corporation will not develop the system. If Venture 
     Corporation does not exceed with its current plans, another 
     public and/or private sponsor will be required to implement 
     the service. Such entity will need to secure funding and 
     obtain landing rights at Port Sonoma.
       (93) Terminal Access: Access improvements are needed to the 
     terminal facility (traffic light at the intersection of the 
     marina access road and Highway 37) and additional traffic 
     impact analysis would be needed to fully determine the 
     traffic impacts on Lakeville Road and Highway 37 to determine 
     other needed roadway improvements. The sponsor will need to 
     discuss with GGBHTD re-routing and expanding its bus service 
     to the proposed ferry terminal.
       (94) Project Sponsor: The sponsor should contract the 
     management of the service with the Golden Gate Bridge, 
     Highway and Transportation District.
       (95) Governmental Approvals: Approvals must be secured from 
     Sonoma County, BCDC, and the Corps of Engineers for required 
     terminal construction or any other required shoreside 
     improvements.
       (96) Operating and Capital Financial Support: A commitment 
     of funding is needed from local jurisdictions/transit 
     operation(s) for the required capital equipment (vessel and 
     terminal construction) and to support long-term service 
     operations.
       (97) Terminal Access: Local jurisdictions and CCCTA will 
     need to work together for CCCTA to extend buses to provide 
     feeder bus service to the ferry terminal.
       (98) Project Sponsor Project sponsor(s) will need to be 
     determined. Local jurisdictions will need to work with CCCTA 
     to sponsor the service.
       (99) Governmental Approvals: Approvals are needed from BCDC 
     for required terminal construction, terminal parking use and 
     improvements and any other shoreside improvements. The East 
     Bay Regional Park District and City approvals are also 
     required.
       (100) Project Sponsor: Project sponsor(s) will need to be 
     determined; it is recommended that AC Transit sponsor the 
     service.
       (101) Operating and Capital Financial Support: A commitment 
     of funding is needed from local jurisdictions/transit 
     operator(s) for the required capital (vessel and terminal 
     construction), channel dredging costs, and to support long-
     term operations. Given that the midday service would serve 
     patrons of Golden Gate Fields racetrack, local jurisdictions 
     should work with Golden Gate Fields.
       (102) Terminal Access: Local jurisdictions will need to 
     work with AC Transit to reroute buses to provide feeder bus 
     service to the ferry terminal.
       (103) Governmental Approvals: Approvals must be secured 
     from BCDC for required terminal construction, dredging or any 
     other shoreside improvements. Corps of Engineers approval 
     will be needed for dredging and the protective breakwater. 
     Because of the more complex facility approvals required in 
     addition to construction, implementation of this route would 
     take longer than others.
       (104) The service has been implemented as a privately 
     operated and funded service and is expected to remain so for 
     at least three years. If Harbor Bay Maritime does not intend 
     to operate and fund the service beyond the current agreement, 
     a project sponsor(s) for the service will need to be 
     determined. It has been indicated that the City of Alameda 
     may consider taking over the operation and financing of the 
     service after Harbor Bay's commitment. If the City is going 
     to pursue the service, it is recommended that the first step 
     to determine the continuation of this service be that the 
     City of Alameda further evaluate the service based on its 
     performance as a privately operated service over the next two 
     years.
       (105) Operating and Capital Financial Support: A commitment 
     of long-term operating funding will be needed if Harbor Bay 
     Maritime does not operate and fund the project beyond the 
     current agreement.
       (106) Potential service sponsors/operators should be 
     required to participate in the proposed Ferry Consortium (see 
     Institutional Analysis), to increase the level of 
     coordination between services and identification of potential 
     benefits of joint activity.
       (107) MTC should require the long-term operating support be 
     identified and secured for new services before any public 
     fund investments (federal, state and regional funds) are 
     granted for new services. It is recommended that existing 
     funding not be diverted from other projects.
       (108) MTC should require that other approvals (BCDC, U.S. 
     Army Corp of Engineers, etc) and other identified service 
     requirements (e.g. terminal access improvements) are in place 
     prior to investments of public funds in the services.
       (109) MTC should work with project sponsors/operators to 
     find additional fund sources that can be used for capital and 
     operating

[[Page S7626]]

     purposes. If new, stable operating fund sources are secured 
     for transit service, these new ferry services should be 
     considered for regional financing to add to the Bay Area 
     transportation network.
       (110) MTC should require inter-operator coordination for 
     all new services, so that the potential ferry services 
     operate in conjunction with planned feeder transit service. 
     MTC could facilitate local jurisdictions and transit 
     operators to exploring varying institutional arrangements to 
     operate and manage the services.
       (111) MTC should not be in a lead position on the 
     implementation of the proposed services, but it should 
     provide planning assistance and provide guidance on funding 
     issues, where needed. Planning assistance could include 
     further examination of ways vessels could be best utilized 
     for ferry services on the Bay, including sharing vessels 
     between services, interlining existing services with new 
     points of origin, finding midday markets/uses for vessels 
     used only during commute periods, and assessing the need for 
     `spare' vessels.
       (112) MTC should require that project sponsors purchasing 
     new vessels consider the ability to interchange parts with 
     other vessels operating in the region and the coordination of 
     maintenance activities as part of their vessel bid and 
     specifications and vessel maintenance planning.
       (113) MTC should work with regulatory agencies (BCDC, PUC 
     and U.S. Army Corps of Engineers, PUC, U.S. Coast Guard) to 
     make governmental approval process understandable, 
     coordinated and as streamlined as possible.
       (114) MTC, Caltrans, the proposed Ferry Consortium and 
     other interested parties should participate in examining the 
     need to further evaluate ferry services related to: (1) ferry 
     services feeding the San Francisco and Oakland airports 
     including serving the United Airlines maintenance/operational 
     facilities, (2) ferry services as they relate to emergency 
     preparedness, (3) recreational ferry services, and (4) 
     vehicle, truck and freight movement ferry services.
       (115) There are a number of opportunities to improve the 
     planning and operation of ferry services on the Bay by 
     coordinating and/or consolidating ferry service operations. 
     Based on our review of the varying institutional 
     arrangements, a two pronged approach is recommended to 
     immediately improve the coordination, planning and operations 
     of ferry services on the Bay:
       (116) First, existing and potential publicly operated or 
     funded ferry services should be institutionally merged with 
     existing transit operators/ districts, where feasible; and
       (117) Second, a consortium or working group of public and 
     private ferry operators should be established. The consortium 
     would include public and private ferry operators, ports, 
     cities, connecting transit operators, and concerned citizens, 
     who would meet on a regular basis to discuss policy, planning 
     and operational objectives to advance and coordinate ferry 
     services on the Bay.
       (118) The combination of these options would facilitate 
     bus/ferry coordination, faster and coordinate regional and 
     sub-regional policy and planning for ferry services, and 
     increase funding to the region and for ferry operations, and 
     could be implemented readily and immediately.
       (119) Although not recommended at this time, the 
     possibility remains that some form of a regional ferry agency 
     may eventually be both warranted and readily feasible. As 
     described above, a regional ferry agency, either a JPA or 
     a legislated regional ferry district could provide many 
     operational improvements, such as coordinated maintenance 
     and marketing, ability to share vessels between services 
     to maximize labor efficiencies, and savings from 
     consolidated vessel and equipment purchases. Therefore, it 
     is further recommended that MTC in conjunction with the 
     ferry operators further examine the opportunities that may 
     exist with a regional ferry agency, especially as the 
     network of ferry services grow on the Bay.
       (120) This arrangement includes incorporating the 
     operational and planning functions for the Bay's publicly 
     operated ferry services into the existing operations of 
     connecting bus services. This is already the situation for 
     GGBH&TD and the City of Vallejo, which operate both the bus 
     systems and ferry services within their respective service 
     areas. For example, under this arrangement ferry services 
     from the East Bay would be operated by AC Transit, or BART; 
     services from Marin, Sonoma and San Francisco Counties would 
     be operated by GGBH&TD or San Francisco Muni; and services 
     started from San Mateo County would be operated by SamTrans.
       (121) This arrangement limits the number of transit 
     operators, thereby not duplicating transit planning and 
     operational activities: facilitates better bus/ferry schedule 
     and transfer connections; and allows ferry services to be 
     part of comprehensive transit planning activities.
       (122) The Bay Ferry Consortium appears to be an immediately 
     feasible option for ferry services. This arrangement would 
     provide a forum for ferry operators to share information, be 
     involved jointly in activities, coordinate planning and form 
     regional objectives for ferry services. Initial consortium 
     membership should include public and private ferry operators 
     (GGBH&TD, Red & White Fleet, Blue & Gold Fleet, the Cities of 
     Alameda, Vallejo, Oakland), MTC, BCDC, representatives of 
     intermodal transit agencies which would connect with the 
     ferries (MUNI, AC Transit, etc.), Caltrans, rider group 
     representatives, and others as determined by the membership. 
     The Consortium would be expected to meet as a committee of 
     the whole quarterly or on an as needed basis.
       (123) The activities of the consortium would be the basis 
     for implementing the recommendations of the Regional Ferry 
     Plan and for continued regional ferry planning. However, the 
     major shortcoming of the consortium is that it does not have 
     policy authority over individual ferry operators; therefore, 
     the operators are not bound to follow the direction of the 
     consortium. To offset this, it is recommended that the 
     consortium be advisory to MTC on ferry issues.
       (124) MTC already provides substantial operating and 
     capital funds for ferry services and is responsible for 
     certain coordination activities for transit systems in the 
     region. The consortium should explicitly acknowledge the role 
     of MTC as the lead agency in coordinating regional ferry 
     planning and in reconciling differences and coordinating the 
     activities of the individual ferry operators and other 
     transit operators. While the concept of a consortium would be 
     to establish mutually beneficial relationships between the 
     parties providing ferry services, it is recommended that MTC 
     make operator participation in the consortium a requirement 
     for the receipt of operating and capital funding. This would 
     give policy direction to and the ability to implement the 
     recommendations of the consortium.
       (125) The Regional Ferry Plan contains two phases. The 
     first phase of the Plan is devoted to the existing ferry 
     services operating on the Bay. The second phase considers the 
     feasibility of new origin and destinations for passenger 
     ferry services and institutional arrangements to best operate 
     the ferry services on the Bay. Phase I of the Plan includes 
     (1) goals and objectives for the region's ferry services, (2) 
     description of current ferry services, (3) an evaluation of 
     the existing ferry services, and (4) recommendations to 
     improve the existing ferry services. Phase 2 of the Plan 
     includes (1) a detailed evaluation of and recommendations for 
     potential new ferry routes throughout the region, and (2) an 
     evaluation of and recommendations for institutional 
     arrangements to best operate ferry services.
       (126) The City of Vallejo and the Metropolitan Transit 
     Commission, in response to legislative mandate, bond issue 
     direction, and local and regional transit plans, have jointly 
     undertaken this Regional Ferry Plan to analyze existing ferry 
     transit resources and to plan for new ferry services in San 
     Francisco Bay. The two specific mandates for the study are 
     Senate Bill 2169 (1990) and Proposition 116 from the June 
     1990 general election.
       (127) The key legislation which shapes the San Francisco 
     Bay Ferry Study is California Senate Bill No. 2169. Filed in 
     response to the experience of the 1989 Loma Prieta 
     Earthquake, and increasing interest in ferry transit by a 
     variety of interests, including the Bay Area Water Transit 
     Task Force, it is intended to give transit planners an 
     evaluative tool in decision-making for ferry systems in the 
     future.
       (128) Senate Bill 2169 (Kopp, 1990) authorizes the 
     Metropolitan Transportation Commission to develop and adopt a 
     long-range plan implementing high-speed water transit on the 
     bay. Its language indicates: ``The commission may develop and 
     adopt a long-range plan for implementing high-speed water 
     transit on San Francisco Bay, including, but not limited to, 
     all of the following:
       ``a. Policies and procedures for allocating capital and 
     operating assistance from local, state, or federal funds.
       ``b. Criteria and standards for evaluating and selecting 
     services to be funded with local, state, or federal funds, 
     based upon, but not limited to fare box revenue to operating 
     cost ratio, amount of subsidy per passenger and local 
     financial support, local support in providing ground access, 
     and impact on bridge traffic.''
       (129) The California Clean Air and Transportation 
     Improvement Act of 1990 initiative measure, passed by the 
     voters in June 1990, while primarily oriented to investment 
     in rail improvements, contained an element for capital 
     improvements to ferry service. This included the following 
     sections:
       ``99646. Ten million dollars ($10,000,000) shall be 
     allocated to the City of Vallejo for expenditures on water-
     borne ferry vessels and terminal improvements.
       ``99651. Twenty million dollars ($20,000,000) shall be 
     allocated to fund a program of competitive grants to local 
     agencies for the construction, improvement, acquisition, and 
     other capital expenditures associated with water-borne ferry 
     operations for the transportation of passengers or vehicles, 
     or both.''
       (130) This study has been undertaken within the framework 
     of existing regional transit and environmental Policies with 
     the aim of establishing a short-term action plan for the 
     implementation of expanded ferry service in San Francisco Bay 
     and specifically for Vallejo. It builds on the 1985 High 
     Speed Water Transit Study for the San Francisco Bay Area 
     prepared by MTC.
       (131) The recently completed San Francisco Bay Crossing 
     Study (mandated by Senate Concurrent Resolution 20) also 
     studied a ferry alternative including up to 17 terminals 
     served by a fleet of fast ferries as an option to additional 
     bridge or rail crossings of the Bay, but that study focused 
     on a more conceptual approach and longer time frame for 
     implementation than this current study which will evaluate 
     more specific options and develop more refined implementation 
     projects.

[[Page S7627]]

       (132) Today's visitor to the San Francisco Bay area is 
     never far away from the great recreational, scenic and 
     working resource which is the Bay. From every hill, bridge or 
     high-rise office building, the Bay is the focal point. Of the 
     San Francisco work force of 570,000, some 130,000 commute 
     into San Francisco each day for work over the Golden Gate and 
     Bay Bridges, or on BART. An additional 3,500 commute by water 
     over the Bay from Larkspur, Sausalita, Tiburon, Vallejo, 
     Alameda and Oakland.
       (133) Water transportation was the earliest mode used to 
     cross San Francisco Bay. Rowboats, sailing craft and packets 
     provided the first connections. Steam ferries appeared in 
     1847. Steamships bringing Gold Rush adventurers, such as the 
     ``New World'', which arrived from New York in 1850, sailed in 
     from the East Coast, and became part of the San Francisco Bay 
     and river ferry system. ``New World'', used in Sacramento 
     service, was eventually sold to Oregon, but returned finally 
     to Vallejo, where she provided ferry service until she was 
     dismantled in 1879. These steamers provided the links that 
     connected the early mining and farming communities.
       (134) Transbay ferry service began in 1850, with the 
     establishment of a route between San Francisco and the 
     Oakland Estuary, served by the ``Kangaroo''. In 1852, Oakland 
     granted what was to be the first Bay ferry franchise to a 
     ``reliable'' operator of a public ferry. Over the last 
     century and a half, up to thirty major cross-bay ferries 
     existed, serving 29 destinations. The great period of ferry 
     transit reached its peak in the 1930's when 60 million 
     persons crossed the bay annually, along with 6 million autos.
       (135) The Ferry Building was the second busiest 
     transportation terminal in the world in the early 1930s. Each 
     day, some 250,000 persons travelled through the Ferry 
     Building to work or other destinations. Ferries made 
     approximately 170 landings a day at this time, and the Ferry 
     Building was served by trolley lines which left every 20 
     seconds for city destinations. Ferries to Oakland could carry 
     4,000 persons, and were designed to incorporate restaurants, 
     shoe shine parlors, and luxury surroundings, including mohair 
     hangings, teak chairs, hammered copper lighting fixtures, 
     and leather chairs in the ladies lounges. The highly 
     efficient Key Route ferry/train transfer at the Oakland 
     Mole enabled 9,000 commuters to load and unload in less 
     than 20 minutes.
       (136) As in most cities in the United States, the building 
     of bridges and tunnels and the expansion of the use of the 
     train and then the automobile led to the demise of ferry 
     routes. These same cities are now dealing with the result of 
     suburban development patterns--severe bridge, highway and 
     tunnel congestion, and, in some cases, the need to provide 
     alternate transportation routes during reconstruction of 
     these aging structures. In San Francisco, for example, the 
     Golden Gate Bridge, Highway and Transportation District, 
     which the state created in 1923 to construct the Golden Gate 
     Bridge, recognized 32 years after its completion that 
     increasing bridge congestion suggested a need for a wider 
     choice of modes. Studies in the early 1970s recommended 
     establishing an integrated system of buses, ferries, and 
     park-and-ride facilities in an attempt to delay the need for 
     a more costly second deck, tunnel, or additional bridge.
       (137) After a series of vessel and terminal modifications, 
     Bridge District ferry service from Larkspur to San Francisco 
     now carries about 4,000 passengers a day, and continues to 
     grow. Buses meet the ferries on peak commuter runs, and serve 
     12 Marin County routes. District ferry service to Sausalito 
     carries some 1,700 passengers daily, both commuters and 
     tourists.
       (138) East Bay ferry service to San Francisco ended in 
     1958. With the temporary resumption of Berkeley-San Francisco 
     ferry service during the 1979 BART Transbay Tube closure, 
     Harbor Bay Island demonstrations, and, more recently, service 
     to Vallejo, supplemental post earthquake service, and 
     continuing Alameda/Oakland service, East Bay water transit 
     access to San Francisco is gradually being restored.
       (139) Throughout the world, more passengers are transported 
     by ferry each day than by air. In the United States, the two 
     largest ferry systems, Washington State (50,000 passengers 
     per day) and Staten Island (80,000 passengers per day) carry 
     the bulk of United States' ferry commuters, even though there 
     are over 275 separate ferry operations in the country. The 
     ``Wall Street Journal'' estimated in a recent article that 
     there were only 150,000 passengers travelling by ferry every 
     day in the entire United States, which is equivalent to a 
     day's ferry usage in the city of Lisbon, Portugal.
       (140) Fast ferries (over 25 knots) have become key to 
     successful ferry operations in many countries since World War 
     II. Today, there are about 155 operators of fast ferries 
     worldwide. (83) Of these, six are located in the United 
     States. The three operators which provide commuter service 
     (Washington State, Red & White Fleet, TNT) all use Incat 
     catamarans. Because of US restrictions on foreign hulls, fast 
     ferries have, with few exceptions, not been available for 
     United States use. US manufacturers of fast vessels have 
     chosen to focus on military applications with four 
     exceptions: the Boeing Jet-foil (now only produced in Japan), 
     glass-hulled planing craft, a demonstration Air Ride surface-
     effect vessel and the Incat catamaran of Australian design. 
     Several US shipyards have licenses to build Scandinavian 
     catamarans, British hovercraft and surface-effect vessels; 
     these have not yet been constructed. New SWATH (small water 
     area twin hull) craft in San Diego and Hawaii have generated 
     interest in the marine community.
       (141) During the 60's and 1970's, there were two high-speed 
     ferry demonstrations on San Francisco Bay, utilizing a 
     hydrofoil and an amphibious hovercraft. A year-long 
     hovercraft demonstration served the Oakland and San Francisco 
     Airports, and, according to the Port of Oakland's Air Cushion 
     Vehicle Mass Transportation Demonstration Project Final 
     Report' (April 1967), was favorably received passengers. 
     According to the 1984 UMTA review `Existing and Former High 
     Speed Water-borne Transportation Operations in the United 
     States', the service, which was ``the first use of hovercraft 
     for a revenue service in the United States'' carried 12,510 
     passengers during the year, with an overall load factor of 
     27.3 percent. Wind gusts, wave height, and vessel reliability 
     adversely affected the particular vessel used. Hydrofoil 
     service was demonstrated by the FMC Corporation in the early 
     1970s as a potential market opportunity.
       (142) Additionally, a short-term demonstration with a 
     surface-effect craft was put into place by Harbor Bay 
     Maritime in 1985 from Bay Farm Island (Alameda) to San 
     Francisco. This rigid sidewall, air cushion Hover-marine 
     vessel was built in England, and required a Jones Act waiver 
     to operate between two points in the Bay. Like the 
     hovercraft, the speed of the service was attractive to 
     riders. However, ride comfort was not acceptable. Harbor Bay 
     Maritime intends to initiate regular ferry service during 
     1991 with a fast planing monohull to connect Bay Farm Island 
     with the San Francisco Ferry Building.
       (143) San Francisco Bay today has a ferry fleet of 
     approximately twenty-five vessels, with a passenger capacity 
     of 10,500 persons. Speeds range from 25 knots provided by the 
     catamarans, to 12 knots, the speed of the harbor tour 
     vessels. Seven of these vessels provide commuter 
     transportation, and the remainder provide transportation to 
     recreational and tourist destinations, or are dedicated to 
     charter work. Each year, about two million commuter trips are 
     made on San Francisco Bay. There are about one million 
     tourist trips to Alacatraz, Angel Island (180,000 visitors a 
     year), Vallejo, Sausalito, Tiburon, Alameda and Oakland each 
     year. It is estimated that there are about two million harbor 
     tour and charter passengers as well.
       (144) The Red & White Fleet has been the chief private 
     provider of commuter service, and operates both non-
     subsidized routes to Sausalito and Tiburon, as well as 
     subsidized services to Vallejo and to Alameda and Oakland in 
     the East Bay. Red & White also runs ferries to Angel Island 
     State Park, tour service to Alcatraz under an agreement with 
     the National Park Service, and provides mid-day connections 
     to Vallejo.
       (145) Other passenger vessel operators in San Francisco Bay 
     in 1991 include Blue and Gold, which carries 300,000 tour 
     visitors a year, and Hornblower Dining Yachts, which provides 
     dinner and charter cruises on San Francisco Bay. The Angel 
     Island Ferry provides a short connection between Tiburon and 
     the Island, and carries about half of the 180,000 visitors 
     each year. The California Parks Department has purchased a 
     new 48-passenger crew boat `Ayala' to serve park functions 
     between Tiburon and Angel Island. Finally, a small crew boat, 
     based in Vallejo, is used to transport refinery workers to 
     Pacific Refinery's terminal off Rodeo. Mare Island ferry 
     service carried Shipyard workers between Vallejo and the 
     Island until 1988.
       (146) During the 1989 Loma Prieta Earthquake recovery 
     period, Caltrans, the Metropolitan Transportation Commission, 
     the City of Vallejo, and other East Bay communities 
     participated in an extension of commuter ferry services. The 
     Golden Gate District also augmented service from Marin 
     County. From a normal situation, where 6,000 persons 
     travel by ferry each day, ferries met a demand of 20,000 
     riders each day while the Bay Bridge was closed to 
     automobiles. Although ferry service expanded by more than 
     300% while the Bay Bridge was closed, commuter numbers 
     dropped shortly after the restoration of bridge service. 
     Realizing that an attractive, dependable, reliable, 
     stress-free transportation mode exists, public interest in 
     cross-bay ferries has grown since the earthquake.
       (147) Along the waterfront in San Francisco, the Port of 
     San Francisco is exploring new maritime uses for its 
     property, and directing investment of earthquake emergency 
     monies (from the Federal Highway Administration and Caltrans) 
     into initial improvements of the ferry landing at Pier 1/2. 
     Oakland and Alameda are also using similar funds for terminal 
     improvements. Recent passage of Proposition 116 will make $30 
     million available state-wide for investment in ferries and 
     related infrastructure, with $10 million targeted to the 
     Vallejo-San Francisco ferry link. Caltrans, under its Traffic 
     Mitigation Program for the reconstruction of the Cypress 
     Street freeway in Oakland, has designated monies for ferry 
     marketing and terminal improvements in Alameda and Oakland.
       (148) Key legislators and individuals, agencies, such as 
     the Metropolitan Transportation Commission, Caltrans, and the 
     Golden Gate Bridge, Highway, and Transportation District, and 
     key communities, such as Alameda, Oakland and Vallejo, have 
     moved the Bay Area towards restoration of a greater San 
     Francisco Bay ferry network. In addition, state legislative 
     interest in decreased

[[Page S7628]]

     traffic congestion, regional interest in transit service 
     coordination, and local efforts to promote waterfront 
     development also contributed to desire for an overall ferry 
     plan.
       (149) The study team has conducted comprehensive 
     interviews, reviewed existing studies, policies, and 
     legislation from San Francisco Bay and appropriate sources 
     outside the Bay Area, and participated in public meetings in 
     order to build the background from which to view this 
     project. A review of ferry experiences--both historical and 
     current--has provided unique hands-on perspectives. Ferry 
     captains who deal each day with channel siltation and debris, 
     herring and other fishing activity, high speed ferry 
     technology in action, and the dilemmas of mixing commuter and 
     tourist traffic added valuable observations to the study. 
     Ferry operators, who continue to refine the day-to-day 
     management and operations issues, and ferry commuters, who 
     have made a definite transit mode choice, and who recognize 
     the benefits and shortcomings of existing services, offered 
     suggestions for future ferry service as well. Public agency 
     planners and decision-makers generously shared their own 
     transit and environmental plans, polices and objectives.
       (150) A roster of those interviewed during the course of 
     the study is appended to this report. Additionally, a 
     bibliography is appended which lists historical volumes, as 
     well as ferry and transit studies from the Bay Area, and 
     others which seem appropriate from other cities and 
     countries. These reports and policies have been collected and 
     reviewed by the study team, and cited where appropriate. 
     Other ferry system goals and service standards, terminal and 
     vessel designs, lessons learned, and government policies can 
     be found among these reports. Bay Area ferry and transit 
     schedules have been collected and are incorporated into the 
     analyses. Federal transportation documents, ferry system 
     analyses and agency standards, and transportation texts have 
     also been reviewed for relevant criteria, and extensive 
     commuter surveys have been undertaken for the Phase I 
     analysis.
       (151) This section includes goals and policies and 
     evaluation criteria for ferry services operating in the San 
     Francisco Bay Area. They have been created based on three 
     primary sources: transportation and related goals by Bay Area 
     regional agencies, counties and cities; goals and policies of 
     ferry operations elsewhere; and the views of key informants 
     expressed in interviews.
       (152) A description of ferry operations elsewhere, and 
     associated goals, objectives, and policies is contained in 
     Appendix B. The lessons learned from these operations include 
     the fact that there is no single approach to initiating new 
     ferry service. Congestion relief and alternatives to new 
     bridge construction have been successfully implemented goals 
     for several services. Intermodal connections have also been 
     important components. Appropriate and reliable vessels, 
     attention to vessel access, and attention to environmental 
     constraints, particularly wake restraints, have been 
     important. Finally, in order to compete for scarce public 
     subsidy funds for transit service, it is important to develop 
     cost-effective and efficient operations.
       (153) Summarizing the goals, ferries on San Francisco Bay 
     will be considered where they offer the potential to: improve 
     mobility; alleviate bridge and highway congestion; provide a 
     cost-effective, flexible, dependable, comfortable, attractive 
     and safe mode of transportation that helps the region to meet 
     air quality, energy consumption, and accessibility goals; and 
     enhance tourism, recreation and regional economic 
     development.
       (154) Goal 1. Enhance regional mobility and support 
     regional planning policies.
       Policy 1. Ferry services must enhance mobility in congested 
     corridors and help meet goals of Congestion Management Plans.
       Policy 2. Ferry services should reduce the number of 
     vehicles entering San Francisco.
       Policy 3. Ferry service projects must help achieve regional 
     air quality and environmental goals.
       Policy 4. Ferries must provide a seamless network of 
     interconnecting regional services with other public transit 
     and para-transit programs.
       Policy 5. A set of core ferry facilities and equipment 
     suitable for rapid expansion should be available if 
     alternative modes become inoperable as a result of natural or 
     man-made disasters.
       Policy 6. Ferry service alternatives should be considered 
     for vehicles transporting hazardous materials or other 
     vehicles that reduce the efficiency of the regional highway 
     network.
       Policy 7. Ferry services should support bikeway programs.
       (155) Goal 2. Create a transit option that is an attractive 
     alternative to the automobile.
       Policy 1. Ferry service must be competitive with the 
     automobile in travel time, cost, reliability and comfort.
       Policy 2. Schedules, intermodal facilities, fare policy, 
     and marketing must be oriented to provide a single integrated 
     system.
       Policy 3. A ferry system should provide an amenity and 
     comfort level that win attract commuters, off-peak and 
     weekend riders, and new riders unfamiliar with water 
     transportation.
       Policy 4. Ferry services should increase public access to 
     recreational destinations.
       Policy 5. Ferry and terminal concessions which enhance the 
     ferry experience should be provided.
       (156) Goal 3. Offer a transit option that can be initiated 
     in a timely, environmentally benign, and cost effective 
     manner.
       Policy 1. Ferry vessels to be acquired for the Bay Area 
     must be cost-effective and represent proven technology.
       Policy 2. Public/private partnerships should be utilized, 
     maintaining the most cost-effective role for each sector.
       Policy 3. Terminals must be functional, attractive and 
     cost-effective, while providing shelter, amenities, efficient 
     access and egress, and adequate intermodal connections.
       Policy 4. Improvements should be developed incremental as 
     required to meet ridership.
       Policy 5. Ferry service should be expanded within the 
     institutional framework of agencies that now exist.
       Policy 6. The application/permit process for new ferry 
     services should be simplified and coordinated by a single 
     agency.
       Policy 7. Ferry services must complement the navigational 
     waterways of the Bay, reflecting draft, wake, speed, and 
     harbor traffic constraints.
       (157) Goal 4. Provide transit service that operates 
     efficiently and reduces the need for high cost alternative 
     transportation investments.
       Policy 1. Ferry transit should be implemented to reduce or 
     delay the need for high capital cost highway and transit 
     projects where the projected fare box recovery ratio and 
     subsidy per passenger indicate fiscal benefits.
       Policy 2. Vessels selected should be of appropriate size 
     and speed to meet the need, and of sufficient number to 
     provide the desired schedule frequency.
       Policy 3. Competitive bidding should be used to procure and 
     operate boats efficiently.
       Policy 4. Joint purchasing, service interlining, 
     recreational sub-lets, and joint use of spare equipment 
     should be utilized to reduce system cost.
       Policy 5. Local financial and in-kind support should be 
     required for new and continuing ferry services.
       (158) Goal 5. Provide ferry service that is reliable, safe, 
     and fully accessible.
       Policy 1. Require vessels of proven reliability and 
     terminals compatible with the vessels.
       Policy 2. Vessels must meet or exceed all Coast Guard 
     safety requirements.
       Policy 3. All terminals and vessels should meet all state 
     and federal accessibility standards.
       (159) Goal 6. Develop terminals that are consistent with 
     local and regional plan.
       Policy 1. Terminals must meet the requirements of the BCDC 
     Plan, the Corps of Army Engineers permitting procedures, the 
     Bikeways Program, transit coordination objectives, and 
     accessibility standards.
       Policy 2. Terminals must support local planning, economic 
     development, tourism, regional marketing, environmental and 
     design objectives.
       Policy 3. Terminals should be developed as local (and 
     regional where appropriate) transit hubs.
       (160) It is important to have a set of criteria in place 
     for two purposes. First, criteria are essential for the 
     evaluation of competing proposals for ferry service, where 
     operating and capital fund are limited. Second, the criteria 
     are important for the evaluation of ferry service as a 
     temporary or permanent alternative to other transportation 
     investments such as building a new bridge, widening a 
     freeway, or building an alternative transit project. This 
     list of criteria can also act as a checklist for 
     consideration when ferries are proposed as traffic mitigation 
     or emergency service providers. Criteria are categorized into 
     the following categories:
       --Mobility/Performance
       --Energy and Environment
       --Socio-economic
       --Financial
       --Service
       --Ease of Implementation
       (b) of the funds appropriated under the heading ``Federal-
     Aid Highways'', $5,000,000 shall be made available to carry 
     out section 1207(c)(1) of Public Law 105-178.''
                                  ____


                           Amendment No. 950

       Page 91, strike lines 10-12, and insert:
       ``This Act may be cited as the `No TEA for Two Department 
     of Transportation and Related Appropriations Act, 2000' ''.
                                  ____


                           Amendment No. 951

       At the appropriate place in title III, insert the 
     following:

     SEC. 3____. TRANSFER OF MOTOR CARRIER SAFETY FUNCTIONS FROM 
                   THE FEDERAL HIGHWAY ADMINISTRATION TO THE 
                   NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

       (a) Transfer of Functions from Federal Highway 
     Administration.--Section 104(c) of title 49, United States 
     Code, is amended--
       (1) in paragraph (1), by adding ``and'' at the end;
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Transfer of Functions to National Highway Traffic 
     Safety Administration.--Section 105(c) of title 49, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) duties and powers related to motor carrier safety 
     vested in the Secretary by chapters 5 and 315; and''.

[[Page S7629]]

       (c) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect on the date that is 
     180 days after the date of enactment of this Act.
       (2) Actions by the secretary of transportation.--The 
     Secretary of Transportation may take such action as may be 
     necessary to ensure the orderly transfer of the duties and 
     powers related to motor carrier safety vested in the 
     Secretary by chapters 5 and 315 of title 49, United States 
     Code, and employees carrying out such duties and power, from 
     the Federal Highway Administration to the National Highway 
     Traffic Safety Administration.
                                 ______
                                 

                    SCHUMER AMENDMENTS NOS. 952-1036

  (Ordered to lie on the table.)
  Mr. SCHUMER submitted 85 amendments intended to be proposed by him to 
the bill, S. 1143, supra; as follows:

                           Amendment No. 952

       On page 31, line 3, strike ``$29,500,000'' and insert 
     ``$28,000,000''.
       On page 31, line 25, strike ``$1,500,000'' and insert 
     ``$3,000,000''.
                                  ____


                           Amendment No. 953

       On page 27, line 9, strike ``$1,000,000'' and insert 
     ``$999,000''.
       On page 27, line 21, strike ``$22,364,000'' and insert 
     ``$22,365,000''.
                                  ____


                           Amendment No. 954

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$365,500,000''.
       On page 31, line 12, strike ``$1,000,000'' and insert 
     ``$1,500,000''.
                                  ____


                           Amendment No. 955

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$363,000,000''.
       On page 30, line 17, strike ``$21,000,000'' and insert 
     ``$27,000,000''.
                                  ____


                           Amendment No. 956

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$350,000,000''.
       On page 33, line 2, strike ``$60,000,000'' and insert 
     ``$80,000,000''.
                                  ____


                           Amendment No. 957

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$368,250,000''.
       On page 30, line 20, strike ``$5,250,000'' and insert 
     ``$7,000,000''.
                                  ____


                           Amendment No. 958

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,800,000''.
       On page 33, line 4, strike ``$1,960,800,000'' and insert 
     ``$1,961,000,000''.
                                  ____


                           Amendment No. 959

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$368,600,000''.
       On page 30, line 21, strike ``$4,000,000'' and insert 
     ``$5,400,000''.
                                  ____


                           Amendment No. 960

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,990,000''.
       On page 33, line 12, strike ``$2,451,000,000'' and insert 
     ``$2,461,000,000''.
                                  ____


                           Amendment No. 961

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,789,000''.
       On page 26, line 14, strike ``$91,789,000'' and insert 
     ``$92,000,000''.
                                  ____


                           Amendment No. 962

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$364,500,000''.
       On page 28, line 19, strike ``$20,500,000'' and insert 
     ``$26,000,000''.
                                  ____


                           Amendment No. 963

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,232,000''.
       On page 30, line 25, strike ``$49,632,000'' and insert 
     ``$50,400,000''.
                                  ____


                           Amendment No. 964

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,100,000''.
       On page 31, line 10, strike ``$1,500,000'' and insert 
     ``$2,400,000''.
                                  ____


                           Amendment No. 965

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,600,000''.
       On page 31, line 12, strike ``$1,000,000'' and insert 
     ``$1,400,000''.
                                  ____


                           Amendment No. 966

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,850,000''.
       On page 31, line 15, strike ``$250,000'' and insert 
     ``$400,000''.
                                  ____


                           Amendment No. 967

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,000,000''.
       On page 31, line 17, strike ``$3,000,000'' and insert 
     ``$4,000,000''.
                                  ____


                           Amendment No. 968

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,000,000''.
       On page 31, line 18, strike ``$3,000,000'' and insert 
     ``$4,000,000''.
                                  ____


                           Amendment No. 969

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,000,000''.
       On page 31, between lines 12 and 13, insert the following:
       ``New York, bus and garage equipment, $1,000,000;''.
                                  ____


                           Amendment No. 970

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$354,000,000''.
       On page 29, between lines 8 and 9, insert the following:


                     Staten Island Rail Development

       For the costs associated with construction of a connection 
     between the Staten Island Railroad and the Chemical Coast 
     Line in Union County, New Jersey, $16,000,000, to remain 
     available until expended: Provided, That the Port Authority 
     of New York and New Jersey (or a designee thereof) shall 
     provide matching funds from non-Federal sources on a dollar-
     for-dollar basis.
                                  ____


                           Amendment No. 971

       On page 28, line 20, insert before the period the 
     following: ``, of which $250,000 shall be provided to the 
     State of New York for a High Speed Rail Program Land Access 
     Study''.
                                  ____


                           Amendment No. 972

       On page 28, line 20, insert before the period the 
     following: ``, of which $250,000 shall be made available to 
     the State of New York for the Empire Corridor Advanced Train 
     Control''.
                                  ____


                           Amendment No. 973

       On page 28, line 20, insert before the period the 
     following: ``, of which $5,750,000 shall be made available to 
     the State of New York for the Empire Corridor High Speed 
     Safety Program''.
                                  ____


                           Amendment No. 974

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$355,000,000''.
       On page 31, line 20, strike ``$5,000,000'' and insert 
     ``$20,000,000''.
                                  ____


                           Amendment No. 975

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$369,700,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

300,000 ITS Evaluation and Integration Initiative, NY................
                                  ____


                           Amendment No. 976

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

4,000,000TS Deployment, NY...........................................
                                  ____


                           Amendment No. 977

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,200,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

Lower Hudson Multi-Operator Transit Communications Standards 
3,800,000ation, NY...................................................
                                  ____


                           Amendment No. 978

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

4,000,000it Automated Vehicle Location System Network, NY............
                                  ____


                           Amendment No. 979

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$360,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

10,000,000rict Regional Traffic Signal System Improvements, NY.......
                                  ____


                           Amendment No. 980

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$367,500,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

2,500,000 High Speed Smart Rail/Highway Crossings....................
                                  ____


                           Amendment No. 981

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$365,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

5,000,000raffic Management System....................................
                                  ____


                           Amendment No. 982

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

4,000,000gration of Subregional ITS in New York City.................
                                  ____


                           Amendment No. 983

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$365,000,000''.

[[Page S7630]]

       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

Cross Westchester Expressway Advanced Transportation Management System, 
5,000,000er County...................................................
                                  ____


                           Amendment No. 984

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$367,500,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

2,500,000nd   Railroad   Intelligent   Grade   Crossing    Expansion.
                                  ____


                           Amendment No. 985

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

4,000,000trict Smart Transit System, NY..............................
                                  ____


                           Amendment No. 986

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

4,000,000ate-Rural Transit Automated Vehicle Location System Network.
                                  ____


                           Amendment No. 987

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$368,500,000''.
       On page 21, in the table preceding line 1, and insert the 
     following:

1,500,000w York......................................................
                                  ____


                           Amendment No. 988

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$368,000,000''.
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

2,000,000ty traffic operations center, NY............................
                                  ____


                           Amendment No. 989

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$366,000,000
       On page 21, in the table preceding line 1, insert before 
     the item relating to ``Kansas City, MO'' the following:

4,000,000TS Urban Integration, NY....................................
                                  ____


                           Amendment No. 990

       On page 48, between lines 8 and 9, insert the following:
       ``Oneida County buses for bus consortium, New York''.
                                  ____


                           Amendment No. 991

       On page 44, between lines 10 and 11, insert the following:
       ``Long Beach Central Bus Facility, New York''.
                                  ____


                           Amendment No. 992

       On page 48, between lines 8 and 9, insert the following:
       ``Oneida County bus facilities, New York''.
                                  ____


                           Amendment No. 993

       On page 50, between lines 8 and 9, insert the following:
       ``Rochester alternative fuel buses, New York''.
                                  ____


                           Amendment No. 994

       On page 50, between lines 8 and 9, insert the following:
       ``Rochester Central Bus Facility, New York''.
                                  ____


                           Amendment No. 995

       On page 52, between lines 24 and 25, insert the following:
       ``Staten Island Rapid Transit Demonstration, New York''.
                                  ____


                           Amendment No. 996

       On page 53, between lines 2 and 3, insert the following:
       ``Suffolk County Automated Vehicle Locator System, New 
     York''.
                                  ____


                           Amendment No. 997

       On page 53, between lines 2 and 3, insert the following:
       ``Sullivan County coordinated public transportation, New 
     York''.
                                  ____


                           Amendment No. 998

       On page 53, between lines 11 and 12, insert the following:
       ``Tompkins County Transit Center, New York''.
                                  ____


                           Amendment No. 999

       On page 53, between lines 15 and 16, insert the following:
       ``Town of Huntington paratransit vehicles, New York''.
                                  ____


                           Amendment No. 1000

       On page 34, between lines 11 and 12, insert the following:
       ``Albany Paratransit Bus Facility and replacement vehicles, 
     New York''.
                                  ____


                           Amendment No. 1001

       On page 58, between lines 8 and 9, insert the following:
       ``Poughkeepsie Intermodal Project, New York''.
                                  ____


                           Amendment No. 1002

       On page 54, between lines 24 and 25, insert the following:
       ``Westchester County, replace 40 commuter coaches, New 
     York''.
                                  ____


                           Amendment No. 1003

       On page 55, between lines 11 and 12, insert the following:
       ``Yonkers Intermodal Center, New York''.
                                  ____


                           Amendment No. 1004

       On page 36, between lines 16 and 17, insert the following:
       ``Broome County, buses and related equipment, New York''.
                                  ____


                           Amendment No. 1005

       On page 80, strike lines 1 through 11 and insert the 
     following:

     SEC. 321. MAXIMUM HIGHWAY APPORTIONMENT TO EACH STATE.

       (a) Definition of State.--In this section, the term 
     ``State'' means any of the 50 States and the District of 
     Columbia.
       (b) In General.--Notwithstanding any other provision of 
     law, no State shall receive more than $120 per capita of the 
     total budget resources made available by this Act to carry 
     out sections 103(b), 105, 119, 133, 144, and 149 of title 23, 
     United States Code.
       (c) Redistribution of Budget Resources.--The amount of 
     funds made available by application of subsection (b) shall 
     be redistributed equally among the States.
       (d) Affected Apportionments.--Reductions and increases 
     required under subsections (b) and (c) shall be made only to 
     the formula apportionments under the sections referred to in 
     subsection (b).
                                  ____


                           Amendment No. 1006

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. REPEAL OF GUARANTEE OF 90.5 PERCENT RETURN.

       Section 105 of title 23, United States Code, is amended by 
     striking subsection (f).
                                  ____


                           Amendment No. 1007

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. TERMINATION OF AIRPORT AND AIRWAY TRUST FUND.

       (a) In General.--Section 9502 of the Internal Revenue Code 
     of 1986 (relating to the Airport and Airway Trust Fund) is 
     repealed.
       (b) Conforming Amendment.--Paragraph (3) of section 9503(b) 
     is repealed.
       (c) Effective Date.--The repeals made by this section take 
     effect on October 1, 1999.
                                  ____


                           Amendment No. 1008

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. TERMINATION OF HIGHWAY TRUST FUND.

       (a) In General.--Section 9503 of the Internal Revenue Code 
     of 1986 (relating to the Highway Trust Fund) is repealed.
       (b) Effective Date.--The repeal made by subsection (a) 
     takes effect on October 1, 1999.
                                  ____


                           Amendment No. 1009

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. TERMINATION OF EXCISE TAX ON HIGHWAY MOTOR FUELS.

       (a) In General.--Section 4041 (other than subsections (c) 
     and (d)(2)) and subpart A of part III of subchapter A of 
     chapter 32 of the Internal Revenue Code of 1986 (relating to 
     special fuels and gasoline) are repealed.
       (b) Effective Date.--The repeals made by subsection (a) 
     take effect on October 1, 1999.
                                  ____


                           Amendment No. 1010

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. TERMINATION OF EXCISE TAX ON AVIATION FUELS.

       (a) In General.--Subections (c) and (d)(2) of section 4041 
     and subpart B of part III of subchapter A of chapter 32 of 
     the Internal Revenue Code of 1986 (relating to aviation 
     fuels) are repealed.
       (b) Effective Date.--The repeals made by subsection (a) 
     take effect on October 1, 1999.
                                  ____


                           Amendment No. 1011

       On page 80, strike lines 1 through 11 and insert the 
     following:

     SEC. 321. SURFACE TRANSPORTATION.

       (a) High Priority Projects Flexibility.--Section 117 of 
     title 23, United States Code, is amended by adding at the end 
     the following:
       ``(i) Use of Other Funds.--
       ``(1) In general.--
       ``(A) Projects eligible for apportioned funds.--A State may 
     use for a project under this section any funds apportioned 
     under this title for which the project is eligible.
       ``(B) Projects not eligible for apportioned funds.--If a 
     project under this section is not eligible for funds 
     apportioned under this title, a State may use for the project 
     funds apportioned to the State under section 104(b)(3), other 
     than funds set aside or suballocated under section 133(d).

[[Page S7631]]

       ``(2) Reimbursement.--Apportioned funds used under 
     paragraph (1) shall be reimbursed from amounts allocated for 
     the project under this section in an amount equal to the 
     amount used under paragraph (1), but not to exceed the total 
     of the amounts allocated for the project under this 
     section.''.
       (b) Funding Flexibility and High Speed Rail Corridors.--
       (1) Eligibility of passenger rail for highway funding.--
       (A) National highway system.--Section 103(b)(6) of title 
     23, United States Code, is amended by adding at the end the 
     following:
       ``(Q) Acquisition, construction, reconstruction, and 
     rehabilitation of, and preventative maintenance for, 
     intercity rail passenger facilities and rolling stock.''.
       (B) Surface transportation program.--Section 133(b)(2) of 
     title 23, United States Code, is amended by inserting before 
     the period at the end the following: ``, rail, or a 
     combination of bus and rail''.
       (C) Congestion mitigation and air quality improvement 
     program.--Section 149(b) of title 23, United States Code, is 
     amended--
       (i) in paragraph (4), by striking ``or'' at the end;
       (ii) in paragraph (5), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(6) if the project or program will have air quality 
     benefits through acquisition, construction, reconstruction, 
     and rehabilitation of, and preventative maintenance for, 
     intercity rail passenger facilities and rolling stock.''.
       (2) Transfer of highway and transit funds to amtrak and 
     publicly-owned passenger rail lines.--Section 104(k) of title 
     23, United States Code, is amended--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by inserting after paragraph (2) the following:
       ``(3) Transfer to amtrak and publicly-owned passenger rail 
     lines.--Funds made available under this title or chapter 53 
     of title 49 and transferred to the National Railroad 
     Passenger Corporation or to any publicly-owned intercity or 
     intracity passenger rail line shall be administered by the 
     Secretary in accordance with subtitle V of title 49, except 
     that the provisions of this title or chapter 53 of title 49, 
     as applicable, relating to the non-Federal share shall apply 
     to the transferred funds.''; and
       (C) in paragraph (4) (as redesignated by subparagraph (A)), 
     by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraphs (1) through (3)''.
       (c) Historic Bridges.--Section 144(o) of title 23, United 
     States Code, is amended--
       (1) in paragraph (3)--
       (A) by inserting ``amount of'' before ``costs eligible''; 
     and
       (B) by striking ``subsection shall not'' and inserting 
     ``subsection that are funded with funds made available to 
     carry out this section shall not''; and
       (2) in paragraph (4)--
       (A) in the second sentence, by striking ``up to an amount 
     not to'' and inserting ``, except that the amount of 
     reimbursable project costs that are funded with funds made 
     available to carry out this section shall not''; and
       (B) in the last sentence, by striking ``title'' and 
     inserting ``section''.
       (d) Accounting Simplification.--Section 1102(c)(4) of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 104 
     note; 112 Stat. 116) is amended by striking 
     ``$2,000,000,000'' each place it appears and inserting 
     ``$2,161,000,000''.
                                  ____


                           Amendment No. 1012

       Beginning on page 80, strike line 14 and all that follows 
     through page 81, line 2, and insert the following:
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 3021. PILOT PROGRAM FOR INTERCITY PASSENGER RAIL 
                   SERVICE FUNDED FROM HIGHWAY TRUST FUND (OTHER 
                   THAN MASS TRANSIT ACCOUNT).'';

       (2) in subsection (a)--
       (A) by striking the first sentence and inserting ``The 
     Secretary shall establish a pilot program to determine the 
     benefits of allowing States to use funds from the Highway 
     Trust Fund (other than the Mass Transit Account) for 
     intercity passenger rail service.''; and
       (B) in the second sentence, by striking ``Any'' and all 
     that follows through ``United States Code'' and inserting 
     ``The funds made available to the State of Oklahoma and the 
     State of Vermont to carry out sections 5307 and 5311 of title 
     49, United States Code, and sections 133 and 149 of title 23, 
     United States Code'';
       (3) in subsection (b)(1), by striking ``the Committee on 
     Banking, Housing, and Urban Affairs'' and inserting ``the 
     Committee on Environment and Public Works and the Committee 
     on Commerce, Science, and Transportation''; and
       (4) by adding at the end the following:
                                  ____


                           Amendment No. 1013

       On page 69, strike lines 14 through 18.
                                  ____


                           Amendment No. 1014

       On page 91, insert the following new section:
       ``Sec.   . (a) None of the funds make available in this Act 
     may be expended by an entity unless the entity agrees that in 
     expending the funds the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
                                  ____


                           Amendment No. 1015

       On page 91, insert the following new section:
       Sec.  . (a) Findings.--Congress finds that--
       (1) the serious ground level ozone, noise, water pollution, 
     and solid waste disposal problems attendant to airport 
     operations require a thorough evaluation of all significant 
     sources of pollution;
       (2) the Clean Air Act (42 U.S.C. 7401 et seq.)--
       (A) requires each State to reduce emissions contributing to 
     ground level ozone problems and maintain those reductions; 
     and
       (B) requires the Administrator of the Environmental 
     Protection Agency to study, in addition to other sources, the 
     effects of sporadic, extreme noise (such as jet noise near 
     airports) on public health and welfare;
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) establishes a regulatory and enforcement program for 
     discharges of wastes into water;
       (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
     establishes primary drinking water standards and a ground 
     water control program;
       (5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
     regulates management and disposal of solid and hazardous 
     waste;
       (6) a study of air pollution problems in California--
       (A) has determined that airports are significant sources of 
     air pollution; and
       (B) has led to the creation of an airport bubble concept; 
     and
       (7) the airport bubble concept is an approach that--
       (A) treats an airport and the area within a specific radius 
     around the airport as a single source of pollution that emits 
     a range of pollutants, including air, noise, water, and solid 
     waste; and
       (B) seeks, by implementation of specific programs or 
     regulations, to reduce the pollution from each source within 
     the bubble and thereby reduce the overall pollution in that 
     area.
       (b) Purpose.--The purpose of this Act is to require the 
     Administrator to conduct--
       (1) a feasibility study for applying airport bubbles to 
     airports as a method of assessing and reducing, where 
     appropriate, air, noise, water, and solid waste pollution in 
     and around the airports and improving overall environmental 
     quality; and
       (2) a study of air pollutant emission standards established 
     by the Environmental Protection Agency for airplane engines 
     to determine whether it is feasible and desirable to 
     strengthen the standards.

     SEC.  .DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Airport Bubble.--The term ``airport bubble'' means an 
     area--
       (A) in and around an airport (or other facility using 
     aircraft) within which sources of pollution and levels of 
     pollution from those sources are to be identified and 
     reduced; and
       (B) containing a variety of types of air, noise, water, and 
     solid waste sources of pollution in which the aggregate of 
     each type of pollutant from the respective sources is 
     regulated as if the various sources were a single source.

     SEC.  . STUDY OF USING AIRPORT BUBBLES.

       (a) In general.--The Administrator shall conduct a study to 
     determine the feasibility of regulating air, noise, water, 
     and solid waste pollution from all sources in and around 
     airports using airport bubbles.
       (b) Working group.--In conducting the study, the 
     Administrator shall establish and consult with a working 
     group comprised of--
       (1) the Administrator of the Federal Aviation 
     Administration (or a designee);
       (2) the Secretary of Defense (or a designee);
       (3) the Secretary of Transportation (or a designee);
       (4) a representative of air quality districts;

[[Page S7632]]

       (5) a representative of environmental research groups;
       (6) a representative of State Audubon Societies;
       (7) a representative of the Sierra Club;
       (8) a representative of the Nature Conservancy;
       (9) a representative of port authorities of States;
       (10) an airport manager;
       (11) a representative of commanding officers of military 
     air bases and stations;
       (12) a representative of the bus lines that serve airports 
     who is familiar with the emissions testing and repair records 
     of those buses, the schedules of those lines, and any 
     problems with delays in service caused by traffic congestion;
       (13) a representative of the taxis and limousines that 
     serve airports who is familiar with the emissions testing and 
     repair records of the taxis and limousines and the volume of 
     business generated by the taxis and limousines;
       (14) a representative of local law enforcement agencies or 
     other entities responsible for traffic conditions in and 
     around airports;
       (15) a representative of the Air Transport Association;
       (16) a representative of the Airports Council 
     International-North America;
       (17) a representative of environmental specialists from 
     airport authorities; and
       (18) a representative from an aviation union representing 
     ground crews.
       (c) Required elements.--In conducting the study, the 
     Administrator shall--
       (1) collect, analyze, and consider information on the 
     variety of stationary and mobile sources of air, noise, 
     water, and solid waste pollution within airport bubbles 
     around airports in the United States, including--
       (A) aircraft, vehicles, and equipment that service aircraft 
     (including main and auxiliary engines); and
       (B) buses, taxis, and limousines that serve airports;
       (2) study a statistically significant number of airports 
     serving commercial aviation in a manner designed to obtain a 
     representative sampling of such airports;
       (3) consider all relevant information that is available, 
     including State implementation plans under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) and airport master plans;
       (4) consider the air quality implications of airport and 
     ground and in-flight aircraft operations, such as routing and 
     delays;
       (5) assess the role of airports in interstate and 
     international travel and commerce and the environmental and 
     economic impact of regulating airports as significant sources 
     of air, noise, water, and solid waste pollution;
       (6) propose boundaries of the areas to be included within 
     airport bubbles;
       (7) propose a definition of air pollutant emissions for 
     airport bubbles that includes hydrocarbons, volatile organic 
     compounds, and other ozone precursors targeted for reduction 
     under Federal air pollution law;
       (8) develop an inventory of each source of air, noise, 
     water, and solid waste pollution to be regulated within 
     airport bubbles and the level of reduction for each source;
       (9) list and evaluate programs that might be implemented to 
     reduce air, noise, water, and solid waste pollution within 
     airport bubbles and the environmental and economic impact of 
     each of the programs, including any changes to Federal or 
     State law (including regulations) that would be required for 
     implementation of each of the programs;
       (10) evaluate the feasibility of regulating air, noise, 
     water, and solid waste pollutants in and around airports 
     using airport bubbles and make recommendations regarding 
     which programs should be included in an effective 
     implementation of airport bubble methodology; and
  (11) address the issues of air and noise pollution source 
identification and regulation that are unique to military air bases and 
stations.
  (d) Report.--Not later than 3 years after the date of enactment of 
this Act, the Administrator shall submit to Congress a report 
describing the results and recommendations of the study required by 
this section.

     SEC.   . STUDY OF EMISSION STANDARDS FOR AIRPLANE ENGINES.

       (a) In general.--The Administrator shall conduct a study of 
     air pollutant emission standards established by the 
     Environmental protection Agency for airplane engines to 
     determine whether it is feasible and desirable to strengthen 
     the standards.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results and recommendations 
     of the study required by this section.

     SEC.   . PROGRESS REPORTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter until the reports under sections 
     4 and 5 are submitted, the Administrator shall submit to 
     Congress a report that details the progress being made by the 
     Administrator in carrying out sections 4 and 5.

     SEC.   . REPORTING OF TOXIC CHEMICAL RELEASES.

       (a) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations requiring each airport that regularly serves 
     commercial or military jet aircraft to report, under section 
     313 of the Emergency Planning and Community Right-To-Know Act 
     of 1986 (42 U.S.C. 11023) and section 6607 of the Pollution 
     Prevention Act of 1990 (42 U.S.C. 13106), releases and other 
     waste management activities associated with the 
     manufacturing, processing, or other use of toxic chemicals 
     listed under section 313 of the Emergency Planning and 
     Community Right-To-Know Act of 1986 (42 U.S.C. 11023), 
     including toxic chemicals manufactured, processed, or 
     otherwise used--
       (1) during operation and maintenance of aircraft and other 
     motor vehicles at the airport; and
       (2) in the course of other airport and airline activities.
       (b) Treatment as a facility.--For the purpose of subsection 
     (a), an airport shall be considered to be a facility as 
     defined in section 329 of the Emergency Planning and 
     Community Right-To-Know Act of 1986 (42 U.S.C. 11049).

     SEC.   . FUNDING.

       The Administrator shall carry out this Act using existing 
     funds available to the Administrator.
                                  ____


                           Amendment No. 1016

       On page 82, line 22, strike ``$200'' and insert ``$90''.
                                  ____


                           Amendment No. 1017

       On page 82, line 22, strike ``$200'' and insert ``$100''.
                                  ____


                           Amendment No. 1018

       On page 82, line 20, strike ``70'' and insert ``60''.
                                  ____


                           Amendment No. 1019

       On page 82, line 20, strike ``70'' and insert ``300''.
                                  ____


                           Amendment No. 1020

       On page 82, line 22, strike ``$200'' and insert ``$140''.
                                  ____


                           Amendment No. 1021

       On page 17, line 23, strike ``$370,000,000'' and insert 
     ``$341,000,000''.
       On page 29, line 13, strike ``$571,000,000'' and insert 
     ``$600,000,000''.
                                  ____


                           Amendment No. 1022

       On page 69, line 9, strike ``100'' and insert ``115''.
                                  ____


                           Amendment No. 1023

       On page 18, line 24, after ``Code:'', insert the following: 
     ``Provided further, That none of the funds appropriated by 
     this Act may be obligated or expended to fund the Office of 
     Highway Policy Information:''.
                                  ____


                           Amendment No. 1024

       On page 34, line 1, insert after ``Appropriations'' the 
     following: ``, the Committee on Banking, Housing, and Urban 
     Affairs of the Senate, the Committee on Commerce, Science, 
     and Transportation of the Senate, the Committee on 
     Environment and Public Works of the Senate, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives''.
                                  ____


                           Amendment No. 1025

       On page 55, line 20, insert after ``tions'' the following: 
     ``, the Committee on Banking, Housing, and Urban Affairs of 
     the Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives''.
                                  ____


                           Amendment No. 1026

       On page 84, line 14, before the period, insert the 
     following: ``, the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives''.
                                  ____


                           Amendment No. 1027

       On page 27, strike lines 17 and 18 and insert the 
     following:
     proved by the Committee on Appropriations and the Committee 
     on Commerce, Science, and Transportation of the Senate, and 
     the Committee Appropriations and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
                                  ____


                           Amendment No. 1028

       On page 27, line 16, strike ``10 percent'' and insert ``85 
     percent''.
                                  ____


                           Amendment No. 1029

       On page 35, strike line 25.
                                  ____


                           Amendment No. 1030

       On page 35, strike lines 15 and 16.
                                  ____


                           Amendment No. 1031

       On page 34, strike line 7.
                                  ____


                           Amendment No. 1032

       On page 91, insert the following new section:
       Sec.  .
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION OF DANIEL PATRICK MOYNIHAN STATION.

       The Amtrak station to be constructed in the James A. Farley 
     Post Office Building in New York, New York, shall be known 
     and designated as the ``Daniel Patrick Moynihan Station''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the

[[Page S7633]]

     United States to the Amtrak station referred to in section 1 
     shall be deemed to be a reference to the ``Daniel Patrick 
     Moynihan Station''.
                                  ____


                           Amendment No. 1033

       On page 91, insert the following new section:
       Sec.  .

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Acid Deposition and Ozone 
     Control Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (A) Findings.--Congress finds that--
       (1) reductions of atmospheric nitrogen oxide and sulfur 
     dioxide from utility plants, in addition to the reductions 
     required under the Clean Air Act (42 U.S.C. 7401 et seq.), 
     are needed to reduce acid deposition and its serious adverse 
     effects on public health, natural resources, building 
     structures, sensitive ecosystems, and visibility;
       (2) nitrogen oxide and sulfur dioxide contribute to the 
     development of fine particulates, suspected of causing human 
     mortality and morbidity to a significant extent;
       (3) regional nitrogen oxide reductions of 50 percent in the 
     Eastern United States, in addition to the reductions required 
     under the Clean Air Act, may be necessary to protect 
     sensitive watersheds from the effects of nitrogen deposition;
       (4) without reductions in nitrogen oxide and sulfur 
     dioxide, the number of acidic lakes in the Adirondacks in the 
     State of New York is expected to increase by up to 40 percent 
     by 2040; and
       (5) nitrogen oxide is highly mobile and can lead to ozone 
     formation hundreds of miles from the emitting source.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the current scientific understanding that 
     emissions of nitrogen oxide and sulfur dioxide, and the acid 
     deposition resulting from emissions of nitrogen oxide and 
     sulfur dioxide, present a substantial human health and 
     environmental risk;
       (2) to require reductions in nitrogen oxide and sulfur 
     dioxide emissions;
       (3) to support the efforts of the Ozone Transport 
     Assessment Group to reduce ozone pollution;
       (4) to reduce utility emissions of nitrogen oxide by 70 
     percent from 1990 levels; and
       (5) to reduce utility emissions of sulfur dioxide by 50 
     percent after the implementation of phase II sulfur dioxide 
     requirements under section 405 of the Clean Air Act (42 
     U.S.C. 7651d).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Affected Facility.--The term ``affected facility'' 
     means a facility with 1 or more combustion units that serve 
     at least 1 electricity generator with a capacity equal to or 
     greater than 25 megawatts.
       (3) NOX allowance.--The term ``NOX 
     allowance'' means a limited authorization under section 4(3) 
     to emit, in accordance with this Act, quantities of nitrogen 
     oxide.
       (4) MmBtu--The term ``mmBtu'' means 1,000,000 British 
     thermal units.
       (5) Program.--The term ``Program'' means the Nitrogen Oxide 
     Allowance Program established under section 4.
       (6) State.--The term ``State'' means the 48 contiguous 
     States and the District of Columbia.

     SEC. 4. NITROGEN OXIDE ALLOWANCE PROGRAM.

       (A) In General.--
       (1) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Administrator shall establish a 
     program to be known as the ``Nitrogen Oxide Allowance 
     Program''.
       (2) Scope.--The Program shall be conducted in the 48 
     contiguous States and the District of Columbia.
       (3) NOX allowances.--
       (A) Allocation.--The Administrator shall allocate under 
     paragraph (4)--
       (i) for each of calendar years 2002 through 2004, 5,400,000 
     NOX allowances; and
       (ii) for calendar year 2005 and each calendar year 
     thereafter, 3,000,000 NOX allowances.
       (B) Use.--Each NOX allowance shall authorize an 
     affected facility to emit--
       (i) 1 ton of nitrogen oxide during each of the months of 
     October, November, December, January, February, March, and 
     April of any year; or
       (ii) \1/2\ ton of nitrogen oxide during each of the months 
     of May, June, July, August, and September of any year.
       (4) Allocation.--
       (A) Definition of total electric power.--In this paragraph, 
     the term ``total electric power'' means all electric power 
     generated by utility and nonutility generators for 
     distribution, including electricity generated from solar, 
     wind, hydro power, nuclear power, cogeneration facilities, 
     and the combustion of fossil fuel.
       (B) Allocation of allowances.--The Administrator shall 
     allocate annual NOX allowances to each of the 
     States in proportion to the State's share of the total 
     electric power generated in all of the States.
       (C) Publication.--The Administrator shall publish in the 
     Federal Register a list of each State's NOX 
     allowance allocation--
       (i) by December 1, 2000, for calendar years 2002 through 
     2004;
       (ii) by December 1, 2002, for calendar years 2005 through 
     2007; and
       (iii) by December 1 of each calendar year after 2002, for 
     the calendar year that begins 61 months thereafter.
       (5) Intrastate distribution.--
       (A) In general.--A State may submit to the Administrator a 
     report detailing the distribution of NOX 
     allowances of the State to affected facilities in the State--
       (i) not later than September 30, 2001, for calendar years 
     2002 through 2004;
       (ii) not later than September 30, 2003, for calendar years 
     2005 through 2012; and
       (iii) not later than September 30 of each calendar year 
     after 2013, for the calendar year that begins 61 months 
     thereafter.
       (B) Action by the administrator.--If a State submits a 
     report under subparagraph (A) not later than September 30 of 
     the calendar year specified in subparagraph (A), the 
     Administrator shall distribute the NOX allowances 
     to affected facilities in the State as detailed in the 
     report.
       (C) Late submission of report.--A report submitted by a 
     State after September 30 of a specified year shall be of no 
     effect.
       (D) Distribution in absence of a report.--
       (i) In general.--Subject to subsection (e), if a State does 
     not submit a report under subparagraph (A) not later than 
     September 30 of the calendar year specified in subparagraph 
     (A), the Administrator shall, not later than November 30 of 
     that calendar year, distribute the NOX allowances 
     for the calendar years specified in subparagraph (A) to each 
     affected facility in the State in proportion to the affected 
     facility's share of the total electric power generated in the 
     State.
       (ii) Determination of facility's share.--In determining an 
     affected facility's share of total electric power generated 
     in a State, the Administrator shall consider the net electric 
     power generated by the facility and the State to be--
       (I) for calendar years 2002 through 2004, the average 
     annual amount of electric power generated, by the facility 
     and the State, respectively, in calendar years 1997 through 
     1999;
       (II) for calendar years 2005 through 2012, the average 
     annual amount of electric power generated, by the facility 
     and the State, respectively, in calendar years 1999 through 
     2001; and
       (III) for calendar year 2013 and each calendar year 
     thereafter, the amount of electric power generated, by the 
     facility and the State, respectively, in the calendar year 5 
     years previous to the year for which the determination is 
     made.
       (E) Judicial review.--A distribution of NOX 
     allowances by the Administrator under subparagraph (D) shall 
     not be subject to judicial review.
       (b) NOX Allowance Transfer System.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall promulgate a 
     NOX allowance system regulation under which a 
     NOX allowance allocated under this Act may be 
     transferred among affected facilities and any other person.
       (2) Establishment.--The regulation shall establish the 
     NOX allowance system under this section, including 
     requirements for the allocation, transfer, and use of 
     NOX allowances under this Act.
       (3) Use of noX allowances.--The regulation 
     shall--
       (A) prohibit the use (but not the transfer in accordance 
     with paragraph (5)) of any NOX allowance before 
     the calendar year for which the NOX allowance is 
     allocated; and
       (B) provide that the unused NOX allowances shall 
     be carried forward and added to NOX allowances 
     allocated for subsequent years.
       (4) Certification of transfer.--A transfer of a 
     NOX allowance shall not be effective until a 
     written certification of the transfer, signed by a 
     responsible official of the person making the transfer, is 
     received and recorded by the Administrator.
       (c) NOX Allowance Tracking System.--Not later 
     than 18 months after the date of enactment of this Act, the 
     Administrator shall promulgate regulations for issuing, 
     recording, and tracking the use and transfer of 
     NOX allowances that shall specify all necessary 
     procedures and requirements for an orderly and competitive 
     functioning of the NOX allowance system.
       (d) Permit Requirements.--A NOX allowance 
     allocation or transfer shall, on recordation by the 
     Administrator, be considered to be a part of each affected 
     facility's operating permit requirements, without a 
     requirement for any further permit review or revision.
       (e) New Source Reserve.--
       (1) In general.--For a State for which the Administrator 
     distributes NOX allowances under subsection 
     (a)(5)(D), the Administrator shall place 10 percent of the 
     total annual NOX allowances of the State in a new 
     source reserve to be distributed by the Administrator--
       (A) for calendar years 2002 through 2005, to sources that 
     commence operation after 1998;
       (B) for calendar years 2006 through 2011, to sources that 
     commence operation after 2000; and
       (C) for calendar year 2012 and each calendar year 
     thereafter, to sources that commence operation after the 
     calendar year that is 5 years previous to the year for which 
     the distribution is made.
       (2) Share.--For a State for which the Administrator 
     distributes NOX allowances under subsection 
     (a)(5)(D), the Administrator shall distribute to each new 
     source a number of NOX allowances sufficient to 
     allow emissions by the source at a rate equal to the lesser 
     of the new source performance standard or the permitted level 
     for the full nameplate capacity of the source, adjusted pro

[[Page S7634]]

     rata for the number of months of the year during which the 
     source operates.
       (3) Unused noX allowances.--
       (A) In general.--During the period of calendar years 2000 
     through 2005, the Administrator shall conduct auctions at 
     which a NOX allowance remaining in the new source 
     reserve that has not been distributed under paragraph (2) 
     shall be offered for sale.
       (B) Open auctions.--An auction under subparagraph (A) shall 
     be open to any person.
       (C) Conduct of auction.--
       (i) Method of bidding.--A person wishing to bid for a 
     NOX allowance at an auction under subparagraph (A) 
     shall submit (by a date set by the Administrator) to the 
     Administrator (on a sealed bid schedule provided by the 
     Administrator) an offer to purchase a specified number of 
     NOX allowances at a specified price.
       (ii) Sale based on bid price.--A NOX allowance 
     auctioned under subparagraph (A) shall be sold on the basis 
     of bid price, starting with the highest priced bid and 
     continuing until all NOX allowances for sale at 
     the auction have been sold.
       (iii) No minimum price.--A minimum price shall not be set 
     for the purchase of a NOX allowance auctioned 
     under subparagraph (A).
       (iv) Regulations.--The Administrator, in consultation with 
     the Secretary of the Treasury, shall promulgate a regulation 
     to carry out this paragraph.
       (D) Use of noX allowances.--A NOX 
     allowance purchased at an auction under subparagraph (A) may 
     be used for any purpose and at any time after the auction 
     that is permitted for use of a NOX allowance under 
     this Act.
       (E) Proceeds of auction.--The proceeds from an auction 
     under this paragraph shall be distributed to the owner of an 
     affected source in proportion to the number of allowances 
     that the owner would have received but for this subsection.
       (f) Nature of NOX Allowances.--
       (1) Not a property right.--A NOX allowance shall 
     not be considered to be a property right.
       (2) Limitation of noX allowance.--
     Notwithstanding any other provision of law, the Administrator 
     may terminate or limit a NOX allowance.
       (g) Prohibitions.--
       (1) In general.--After January 1, 2000, it shall be 
     unlawful--
       (A) for the owner or operator of an affected facility to 
     operate the affected facility in such a manner that the 
     affected facility emits nitrogen oxides in excess of the 
     amount permitted by the quantity of NOX allowances 
     held by the designated representative of the affected 
     facility; or
       (B) for any person to hold, use, or transfer a 
     NOX allowance allocated under this Act, except as 
     provided under this Act.
       (2) Other emission limitations.--Section 407 of the Clean 
     Air Act (42 U.S.C. 7651f) is repealed.
       (3) Time of use.--A NOX allowance may not be 
     used before the calendar year for which the NOX 
     allowance is allocated.
       (4) Permitting, monitoring, and enforcement.--Nothing in 
     this section affects--
       (A) the permitting, monitoring, and enforcement obligations 
     of the Administrator under the Clean Air Act (42 U.S.C. 7401 
     et seq.); or
       (B) the requirements and liabilities of an affected 
     facility under that Act.
       (h) Savings Provisions.--Nothing in this section--
       (1) affects the application of, or compliance with, the 
     Clean Air Act (42 U.S.C. 7401 et seq.) for an affected 
     facility, including the provisions related to applicable 
     national ambient air quality standards and State 
     implementation plans;
       (2) requires a change in, affects, or limits any State law 
     regulating electric utility rates or charges, including 
     prudency review under State law;
       (3) affects the application of the Federal Power Act (16 
     U.S.C. 791a et seq.) or the authority of the Federal Energy 
     Regulatory Commission under that Act; or
       (4) interferes with or impairs any program for competitive 
     bidding for power supply in a State in which the Program is 
     established.

     SEC. 5. INDUSTRIAL SOURCE MONITORING.

       Section 412(a) of the Clean Air Act (42 U.S.C. 7651k(a)) is 
     amended in the first sentence by inserting ``, or of any 
     industrial facility with a capacity of 100 or more mmBtu's 
     per hour,'' after ``The owner and operator of any source 
     subject to this title''.

     SEC. 6. EXCESS EMISSIONS PENALTY.

       (a) In General.--
       (1) Liability.--The owner or operator of an affected 
     facility that emits nitrogen oxides in any calendar year in 
     excess of the NOX allowances the owner or operator 
     holds for use for the facility for that year shall be liable 
     for the payment of an excess emissions penalty.
       (2) Calculation.--The excess emissions penalty shall be 
     calculated by multiplying $6,000 by the quantity that is 
     equal to--
       (A) the quantity of NOX allowances that would 
     authorize the nitrogen oxides emitted by the facility or the 
     calendar year; minus
       (B) the quantity of NOX allowances that the 
     owner or operator holds for use for the facility for that 
     year.
       (3) Overlapping penalties.--A penalty under this section 
     shall not diminish the liability of the owner or operator of 
     an affected facility for any fine, penalty, or assessment 
     against the owner or operator for the same violation under 
     any other provision of law.
       (b) Excess Emissions Offset.--
       (1) In general.--The owner or operator of a affected 
     facility that emits nitrogen oxide during a calendar year in 
     excess of the NOX allowances held for the facility 
     for the calendar year shall offset in the following calendar 
     year a quantity of NOX allowances equal to the 
     number of NOX allowances that would authorize the 
     excess nitrogen oxides emitted.
       (2) Proposed plan.--Not later than 60 days after the end of 
     the year in which excess emissions occur, the owner or 
     operator of an affected facility shall submit to the 
     Administrator and the State in which the affected facility is 
     located a proposed plan to achieve the offset required under 
     paragraph (1).
       (3) Condition of permit.--On approval of the proposed plan 
     by the Administrator, as submitted, or as modified or 
     conditioned by the Administrator, the plan shall be 
     considered a condition of the operating permit for the 
     affected facility without further review or revision of the 
     permit.
       (c) Penalty Adjustment.--The Administrator shall annually 
     adjust the amount of the penalty specified in subsection(a) 
     to reflect changes in the Consumer Price Index for all urban 
     consumers published by the Bureau of Labor Statistics.

     SEC. 7. SULFUR DIOXIDE ALLOWANCE PROGRAM REVISIONS.

       Section 402 of the Clean Air Act (42 U.S.C. 7651a) is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Allownce.--The term `allowance' means an 
     authorization, allocated to an affected unit by the 
     Administrator under this title, to emit, during or after a 
     specified calendar year--
       ``(A) in the case of allowance allocated for calendar years 
     1997 through 2004, 1 ton of sulfur dioxide; and
       ``(B) in the case of allowances allocated for calendar year 
     2005 and each calendar year thereafter, \1/2\ ton of sulfur 
     dioxide.''.

     SEC. 8. REGIONAL ECOSYSTEMS.

       (a) Report.--
       (1) In general.--Not later than December 21, 2002, the 
     Administrator shall submit to Congress a report identifying 
     objectives for scientifically credible environmental 
     indicators, as determined by the Administrator, that are 
     sufficient to protect sensitive ecosystems of the Adirondack 
     Mountains, mid-Appalachian Mountains, Rocky Mountains, and 
     Southern Blue Ridge Mountains and water bodies of the Great 
     Lakes, Lake Champlain, Long Island Sound, and the Chesapeake 
     Bay.
       (2) Acid neutralizing capacity.--The report under paragraph 
     (1) shall--
       (A) include acid neutralizing capacity as an indicator; and
       (B) identify as an objective under paragraph (1) the 
     objective of increasing the proportion of water bodies in 
     sensitive receptor areas with an acid neutralizing capacity 
     greater than zero from the proportion identified in surveys 
     begun in 1984.
       (3) Updated Report.--Not later than December 31, 2008, the 
     Administrator shall submit to Congress a report updating the 
     report under paragraph (1) and assessing the status and 
     trends of various environmental indicators for the regional 
     ecosystems referred to in paragraph (1).
       (4) Reports under the national acid precipitation 
     assessment program.--The reports under this subsection shall 
     be subject to the requirements applicable to a report under 
     section 103(j)(3)(E) of the Clean Air Act (42 U.S.C. 
     7403(j)(3)(E)).
       (b) Regulations.--
       (1) Determination.--Not later than December 31, 2008, the 
     Administrator shall determine whether emissions reductions 
     under section 4 are sufficient to ensure achievement of the 
     objectives stated in subsection (a)(1).
       (2) Promulgation.--If the Administrator determines under 
     paragraph (1) that emissions reductions under section 4 are 
     not sufficient to ensure achievement of the objectives 
     identified in subsection (a)(1), the Administrator shall 
     promulgate, not later than 2 years after making the finding, 
     such regulations, including modification of nitrogen oxide 
     and sulfur dioxide allowance allocations or any such measure, 
     as the Administrator determines are necessary to protect the 
     sensitive ecosystems described in subsection (a)(1).

     SEC. 9. GENERAL COMPLIANCE WITH OTHER PROVISIONS.

       Except as expressly provided in this Act, compliance with 
     this Act shall not exempt or exclude the owner or operator of 
     an affected facility from compliance with any other law.

     SEC. 10. MERCURY EMISSION STUDY AND CONTROL.

       (a) Study and Report.--The Administrator shall--
       (1) study the practicality of monitoring mercury emissions 
     from all combustion units that have a capacity equal to or 
     greater than 250 mmBtu's per hour; and
       (2) not later than 2 years after the date of enactment of 
     this Act, submit to Congress a report on the results of the 
     study.
       (b) Regulations Concerning Monitoring.--Not later than 1 
     year after the date of submission of the report under 
     subsection (a), the Administrator shall promulgate a 
     regulation requiring the reporting of mercury emissions from 
     units that have a capacity equal to or greater than 250 
     mmBtu's per hour.
       (c) Emission Controls.--
       (1) In general.--Not later than 1 year after the 
     commencement of monitoring activities under subsection (b), 
     the Administrator shall promulgate a regulation controlling 
     electric

[[Page S7635]]

     utility and industrial source emissions of mercury.
       (2) Factors.--The regulation shall take into account 
     technological feasibility, cost, and the projected reduction 
     in levels of mercury emissions that will result from 
     implementation of this Act.

     SEC. 11. DEPOSITION RESEARCH BY THE ENVIRONMENTAL PROTECTION 
                   AGENCY.

       (a) In General.--The Administrator shall establish a 
     competitive grant program to fund research related to the 
     effects of nitrogen deposition on sensitive watersheds and 
     coastal estuaries in the Eastern United States.
       (2) Chemistry of Lakes and Streams.--
       (1) Initial report.--Not later than September 30, 2001, the 
     Administrator shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on Resources 
     of the House of Representatives a report on the health and 
     chemistry of lakes and streams of the Adirondacks that were 
     subjects of the report transmitted under section 404 of 
     Public Law 101-549 (commonly known as the ``Clean Air Act 
     Amendments of 1990'') (104 Stat. 2632).
       (2) Following report.--Not later than 2 years after the 
     date of the report under paragraph (1), the Administrator 
     shall submit a report updating the information contained in 
     the initial report.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) to carry out subsection (a), $1,000,000 for each of 
     fiscal years 2000 through 2005; and
       (2) to carry out subsection (b), $1,000,000 for each of 
     fiscal years 2000, 2001, 2007, and 2008.
                                  ____


                           Amendment No. 1034

       At the end of the bill add the following:

                  TITLE ____--PATIENTS' BILL OF RIGHTS

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Patients' Bill of Rights 
     Act of 1999''.

              Subtitle A--Health Insurance Bill of Rights

                       CHAPTER 1--ACCESS TO CARE

     SEC. ____101. ACCESS TO EMERGENCY CARE.

       (a) Coverage of Emergency Services.--
       (1) In general.--If a group health plan, or health 
     insurance coverage offered by a health insurance issuer, 
     provides any benefits with respect to emergency services (as 
     defined in paragraph (2)(B)), the plan or issuer shall cover 
     emergency services furnished under the plan or coverage--
       (A) without the need for any prior authorization 
     determination;
       (B) whether or not the health care provider furnishing such 
     services is a participating provider with respect to such 
     services;
       (C) in a manner so that, if such services are provided to a 
     participant, beneficiary, or enrollee by a nonparticipating 
     health care provider without prior authorization by the plan 
     or issuer, the participant, beneficiary, or enrollee is not 
     liable for amounts that exceed the amounts of liability that 
     would be incurred if the services were provided by a 
     participating health care provider with prior authorization 
     by the plan or issuer; and
       (D) without regard to any other term or condition of such 
     coverage (other than exclusion or coordination of benefits, 
     or an affiliation or waiting period, permitted under section 
     2701 of the Public Health Service Act, section 701 of the 
     Employee Retirement Income Security Act of 1974, or section 
     9801 of the Internal Revenue Code of 1986, and other than 
     applicable cost-sharing).
       (2) Definitions.--In this section:
       (A) Emergency medical condition based on prudent layperson 
     standard.--The term ``emergency medical condition'' means a 
     medical condition manifesting itself by acute symptoms of 
     sufficient severity (including severe pain) such that a 
     prudent layperson, who possesses an average knowledge of 
     health and medicine, could reasonably expect the absence of 
     immediate medical attention to result in a condition 
     described in clause (i), (ii), or (iii) of section 
     1867(e)(1)(A) of the Social Security Act.
       (B) Emergency services.--The term ``emergency services'' 
     means--
       (i) a medical screening examination (as required under 
     section 1867 of the Social Security Act) that is within the 
     capability of the emergency department of a hospital, 
     including ancillary services routinely available to the 
     emergency department to evaluate an emergency medical 
     condition (as defined in subparagraph (A)), and
       (ii) within the capabilities of the staff and facilities 
     available at the hospital, such further medical examination 
     and treatment as are required under section 1867 of such Act 
     to stabilize the patient.
       (b) Reimbursement for Maintenance Care and Post-
     Stabilization Care.--In the case of services (other than 
     emergency services) for which benefits are available under a 
     group health plan, or under health insurance coverage offered 
     by a health insurance issuer, the plan or issuer shall 
     provide for reimbursement with respect to such services 
     provided to a participant, beneficiary, or enrollee other 
     than through a participating health care provider in a manner 
     consistent with subsection (a)(1)(C) (and shall otherwise 
     comply with the guidelines established under section 
     1852(d)(2) of the Social Security Act (relating to promoting 
     efficient and timely coordination of appropriate maintenance 
     and post-stabilization care of an enrollee after an enrollee 
     has been determined to be stable), or, in the absence of 
     guidelines under such section, such guidelines as the 
     Secretary shall establish to carry out this subsection), if 
     the services are maintenance care or post-stabilization care 
     covered under such guidelines.

     SEC. ____102. OFFERING OF CHOICE OF COVERAGE OPTIONS UNDER 
                   GROUP HEALTH PLANS.

       (a) Requirement.--
       (1) Offering of point-of-service coverage option.--Except 
     as provided in paragraph (2), if a group health plan (or 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan) provides 
     benefits only through participating health care providers, 
     the plan or issuer shall offer the participant the option to 
     purchase point-of-service coverage (as defined in subsection 
     (b)) for all such benefits for which coverage is otherwise so 
     limited. Such option shall be made available to the 
     participant at the time of enrollment under the plan or 
     coverage and at such other times as the plan or issuer offers 
     the participant a choice of coverage options.
       (2) Exception.--Paragraph (1) shall not apply with respect 
     to a participant in a group health plan if the plan offers 
     the participant--
       (A) a choice of health insurance coverage; and
       (B) one or more coverage options that do not provide 
     benefits only through participating health care providers.
       (b) Point-of-Service Coverage Defined.--In this section, 
     the term ``point-of-service coverage'' means, with respect to 
     benefits covered under a group health plan or health 
     insurance issuer, coverage of such benefits when provided by 
     a nonparticipating health care provider. Such coverage need 
     not include coverage of providers that the plan or issuer 
     excludes because of fraud, quality, or similar reasons.
       (c) Construction.--Nothing in this section shall be 
     construed--
       (1) as requiring coverage for benefits for a particular 
     type of health care provider;
       (2) as requiring an employer to pay any costs as a result 
     of this section or to make equal contributions with respect 
     to different health coverage options; or
       (3) as preventing a group health plan or health insurance 
     issuer from imposing higher premiums or cost-sharing on a 
     participant for the exercise of a point-of-service coverage 
     option.
       (d) No Requirement for Guaranteed Availability.--If a 
     health insurance issuer offers health insurance coverage that 
     includes point-of-service coverage with respect to an 
     employer solely in order to meet the requirement of 
     subsection (a), nothing in section 2711(a)(1)(A) of the 
     Public Health Service Act shall be construed as requiring the 
     offering of such coverage with respect to another 
     employer.

     SEC. ____103. CHOICE OF PROVIDERS.

       (a) Primary Care.--A group health plan, and a health 
     insurance issuer that offers health insurance coverage, shall 
     permit each participant, beneficiary, and enrollee to receive 
     primary care from any participating primary care provider who 
     is available to accept such individual.
       (b) Specialists.--
       (1) In general.--Subject to paragraph (2), a group health 
     plan and a health insurance issuer that offers health 
     insurance coverage shall permit each participant, 
     beneficiary, or enrollee to receive medically necessary or 
     appropriate specialty care, pursuant to appropriate referral 
     procedures, from any qualified participating health care 
     provider who is available to accept such individual for such 
     care.
       (2) Limitation.--Paragraph (1) shall not apply to specialty 
     care if the plan or issuer clearly informs participants, 
     beneficiaries, and enrollees of the limitations on choice of 
     participating providers with respect to such care.

     SEC. ____104. ACCESS TO SPECIALTY CARE.

       (a) Obstetrical and Gynecological Care.--
       (1) In general.--If a group health plan, or a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, requires or provides for a participant, 
     beneficiary, or enrollee to designate a participating primary 
     care provider--
       (A) the plan or issuer shall permit such an individual who 
     is a female to designate a participating physician who 
     specializes in obstetrics and gynecology as the individual's 
     primary care provider; and
       (B) if such an individual has not designated such a 
     provider as a primary care provider, the plan or issuer--
       (i) may not require authorization or a referral by the 
     individual's primary care provider or otherwise for coverage 
     of routine gynecological care (such as preventive women's 
     health examinations) and pregnancy-related services provided 
     by a participating health care professional who specializes 
     in obstetrics and gynecology to the extent such care is 
     otherwise covered, and
       (ii) may treat the ordering of other gynecological care by 
     such a participating health professional as the authorization 
     of the primary care provider with respect to such care under 
     the plan or coverage.
       (2) Construction.--Nothing in paragraph (1)(B)(ii) shall 
     waive any requirements of coverage relating to medical 
     necessity or appropriateness with respect to coverage of 
     gynecological care so ordered.
       (b) Specialty Care.--
       (1) Specialty care for covered services.--
       (A) In general.--If--
       (i) an individual is a participant or beneficiary under a 
     group health plan or an enrollee who is covered under health 
     insurance

[[Page S7636]]

     coverage offered by a health insurance issuer,
       (ii) the individual has a condition or disease of 
     sufficient seriousness and complexity to require treatment by 
     a specialist, and
       (iii) benefits for such treatment are provided under the 
     plan or coverage,

     the plan or issuer shall make or provide for a referral to a 
     specialist who is available and accessible to provide the 
     treatment for such condition or disease.
       (B) Specialist defined.--For purposes of this subsection, 
     the term ``specialist'' means, with respect to a condition, a 
     health care practitioner, facility, or center (such as a 
     center of excellence) that has adequate expertise through 
     appropriate training and experience (including, in the case 
     of a child, appropriate pediatric expertise) to provide high 
     quality care in treating the condition.
       (C) Care under referral.--A group health plan or health 
     insurance issuer may require that the care provided to an 
     individual pursuant to such referral under subparagraph (A) 
     be--
       (i) pursuant to a treatment plan, only if the treatment 
     plan is developed by the specialist and approved by the plan 
     or issuer, in consultation with the designated primary care 
     provider or specialist and the individual (or the 
     individual's designee), and
       (ii) in accordance with applicable quality assurance and 
     utilization review standards of the plan or issuer.

     Nothing in this subsection shall be construed as preventing 
     such a treatment plan for an individual from requiring a 
     specialist to provide the primary care provider with regular 
     updates on the specialty care provided, as well as all 
     necessary medical information.
       (D) Referrals to participating providers.--A group health 
     plan or health insurance issuer is not required under 
     subparagraph (A) to provide for a referral to a specialist 
     that is not a participating provider, unless the plan or 
     issuer does not have an appropriate specialist that is 
     available and accessible to treat the individual's condition 
     and that is a participating provider with respect to such 
     treatment.
       (E) Treatment of nonparticipating providers.--If a plan or 
     issuer refers an individual to a nonparticipating specialist 
     pursuant to subparagraph (A), services provided pursuant to 
     the approved treatment plan (if any) shall be provided at no 
     additional cost to the individual beyond what the individual 
     would otherwise pay for services received by such a 
     specialist that is a participating provider.
       (2) Specialists as primary care providers.--
       (A) In general.--A group health plan, or a health insurance 
     issuer, in connection with the provision of health insurance 
     coverage, shall have a procedure by which an individual who 
     is a participant, beneficiary, or enrollee and who has an 
     ongoing special condition (as defined in subparagraph (C)) 
     may receive a referral to a specialist for such condition who 
     shall be responsible for and capable of providing and 
     coordinating the individual's primary and specialty care. If 
     such an individual's care would most appropriately be 
     coordinated by such a specialist, such plan or issuer shall 
     refer the individual to such specialist.
       (B) Treatment as primary care provider.--Such specialist 
     shall be permitted to treat the individual without a referral 
     from the individual's primary care provider and may authorize 
     such referrals, procedures, tests, and other medical services 
     as the individual's primary care provider would otherwise be 
     permitted to provide or authorize, subject to the terms of 
     the treatment plan (referred to in paragraph (1)(C)(i)).
       (C) Ongoing special condition defined.--In this paragraph, 
     the term ``special condition'' means a condition or disease 
     that--
       (i) is life-threatening, degenerative, or disabling, and
       (ii) requires specialized medical care over a prolonged 
     period of time.
       (D) Terms of referral.--The provisions of subparagraphs (C) 
     through (E) of paragraph (1) apply with respect to referrals 
     under subparagraph (A) of this paragraph in the same manner 
     as they apply to referrals under paragraph (1)(A).
       (3) Standing referrals.--
       (A) In general.--A group health plan, and a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, shall have a procedure by which an 
     individual who is a participant, beneficiary, or enrollee and 
     who has a condition that requires ongoing care from a 
     specialist may receive a standing referral to such 
     specialist for treatment of such condition. If the plan or 
     issuer, or if the primary care provider in consultation 
     with the medical director of the plan or issuer and the 
     specialist (if any), determines that such a standing 
     referral is appropriate, the plan or issuer shall make 
     such a referral to such a specialist.
       (B) Terms of referral.--The provisions of subparagraphs (C) 
     through (E) of paragraph (1) apply with respect to referrals 
     under subparagraph (A) of this paragraph in the same manner 
     as they apply to referrals under paragraph (1)(A).

     SEC. ____105. CONTINUITY OF CARE.

       (a) In General.--
       (1) Termination of provider.--If a contract between a group 
     health plan, or a health insurance issuer in connection with 
     the provision of health insurance coverage, and a health care 
     provider is terminated (as defined in paragraph (3)), or 
     benefits or coverage provided by a health care provider are 
     terminated because of a change in the terms of provider 
     participation in a group health plan, and an individual who 
     is a participant, beneficiary, or enrollee in the plan or 
     coverage is undergoing a course of treatment from the 
     provider at the time of such termination, the plan or issuer 
     shall--
       (A) notify the individual on a timely basis of such 
     termination, and
       (B) subject to subsection (c), permit the individual to 
     continue or be covered with respect to the course of 
     treatment with the provider during a transitional period 
     (provided under subsection (b)).
       (2) Treatment of termination of contract with health 
     insurance issuer.--If a contract for the provision of health 
     insurance coverage between a group health plan and a health 
     insurance issuer is terminated and, as a result of such 
     termination, coverage of services of a health care provider 
     is terminated with respect to an individual, the provisions 
     of paragraph (1) (and the succeeding provisions of this 
     section) shall apply under the plan in the same manner as if 
     there had been a contract between the plan and the provider 
     that had been terminated, but only with respect to benefits 
     that are covered under the plan after the contract 
     termination.
       (3) Termination.--In this section, the term ``terminated'' 
     includes, with respect to a contract, the expiration or 
     nonrenewal of the contract, but does not include a 
     termination of the contract by the plan or issuer for failure 
     to meet applicable quality standards or for fraud.
       (b) Transitional Period.--
       (1) In general.--Except as provided in paragraphs (2) 
     through (4), the transitional period under this subsection 
     shall extend for at least 90 days from the date of the notice 
     described in subsection (a)(1)(A) of the provider's 
     termination.
       (2) Institutional care.--The transitional period under this 
     subsection for institutional or inpatient care from a 
     provider shall extend until the discharge or termination of 
     the period of institutionalization and also shall include 
     institutional care provided within a reasonable time of the 
     date of termination of the provider status if the care was 
     scheduled before the date of the announcement of the 
     termination of the provider status under subsection (a)(1)(A) 
     or if the individual on such date was on an established 
     waiting list or otherwise scheduled to have such care.
       (3) Pregnancy.--If--
       (A) a participant, beneficiary, or enrollee has entered the 
     second trimester of pregnancy at the time of a provider's 
     termination of participation, and
       (B) the provider was treating the pregnancy before date of 
     the termination,
     the transitional period under this subsection with respect to 
     provider's treatment of the pregnancy shall extend through 
     the provision of post-partum care directly related to the 
     delivery.
       (4) Terminal illness.--If--
       (A) a participant, beneficiary, or enrollee was determined 
     to be terminally ill (as determined under section 
     1861(dd)(3)(A) of the Social Security Act) at the time of a 
     provider's termination of participation, and
       (B) the provider was treating the terminal illness before 
     the date of termination,

     the transitional period under this subsection shall extend 
     for the remainder of the individual's life for care directly 
     related to the treatment of the terminal illness.
       (c) Permissible Terms and Conditions.--A group health plan 
     or health insurance issuer may condition coverage of 
     continued treatment by a provider under subsection (a)(1)(B) 
     upon the provider agreeing to the following terms and 
     conditions:
       (1) The provider agrees to accept reimbursement from the 
     plan or issuer and individual involved (with respect to cost-
     sharing) at the rates applicable prior to the start of the 
     transitional period as payment in full (or, in the case 
     described in subsection (a)(2), at the rates applicable under 
     the replacement plan or issuer after the date of the 
     termination of the contract with the health insurance issuer) 
     and not to impose cost-sharing with respect to the individual 
     in an amount that would exceed the cost-sharing that could 
     have been imposed if the contract referred to in subsection 
     (a)(1) had not been terminated.
       (2) The provider agrees to adhere to the quality assurance 
     standards of the plan or issuer responsible for payment under 
     paragraph (1) and to provide to such plan or issuer necessary 
     medical information related to the care provided.
       (3) The provider agrees otherwise to adhere to such plan's 
     or issuer's policies and procedures, including procedures 
     regarding referrals and obtaining prior authorization and 
     providing services pursuant to a treatment plan (if any) 
     approved by the plan or issuer.
       (d) Construction.--Nothing in this section shall be 
     construed to require the coverage of benefits which would not 
     have been covered if the provider involved remained a 
     participating provider.

     SEC. ____106. COVERAGE FOR INDIVIDUALS PARTICIPATING IN 
                   APPROVED CLINICAL TRIALS.

       (a) Coverage.--
       (1) In general.--If a group health plan, or health 
     insurance issuer that is providing health insurance coverage, 
     provides coverage to a qualified individual (as defined in 
     subsection (b)), the plan or issuer--
       (A) may not deny the individual participation in the 
     clinical trial referred to in subsection (b)(2);

[[Page S7637]]

       (B) subject to subsection (c), may not deny (or limit or 
     impose additional conditions on) the coverage of routine 
     patient costs for items and services furnished in connection 
     with participation in the trial; and
       (C) may not discriminate against the individual on the 
     basis of the enrollee's participation in such trial.
       (2) Exclusion of certain costs.--For purposes of paragraph 
     (1)(B), routine patient costs do not include the cost of the 
     tests or measurements conducted primarily for the purpose of 
     the clinical trial involved.
       (3) Use of in-network providers.--If one or more 
     participating providers is participating in a clinical trial, 
     nothing in paragraph (1) shall be construed as preventing a 
     plan or issuer from requiring that a qualified individual 
     participate in the trial through such a participating 
     provider if the provider will accept the individual as a 
     participant in the trial.
       (b) Qualified Individual Defined.--For purposes of 
     subsection (a), the term ``qualified individual'' means an 
     individual who is a participant or beneficiary in a group 
     health plan, or who is an enrollee under health insurance 
     coverage, and who meets the following conditions:
       (1)(A) The individual has a life-threatening or serious 
     illness for which no standard treatment is effective.
       (B) The individual is eligible to participate in an 
     approved clinical trial according to the trial protocol with 
     respect to treatment of such illness.
       (C) The individual's participation in the trial offers 
     meaningful potential for significant clinical benefit for the 
     individual.
       (2) Either--
       (A) the referring physician is a participating health care 
     professional and has concluded that the individual's 
     participation in such trial would be appropriate based upon 
     the individual meeting the conditions described in paragraph 
     (1); or
       (B) the participant, beneficiary, or enrollee provides 
     medical and scientific information establishing that the 
     individual's participation in such trial would be appropriate 
     based upon the individual meeting the conditions described in 
     paragraph (1).
       (c) Payment.--
       (1) In general.--Under this section a group health plan or 
     health insurance issuer shall provide for payment for routine 
     patient costs described in subsection (a)(2) but is not 
     required to pay for costs of items and services that are 
     reasonably expected (as determined by the Secretary) to be 
     paid for by the sponsors of an approved clinical trial.
       (2) Payment rate.--In the case of covered items and 
     services provided by--
       (A) a participating provider, the payment rate shall be at 
     the agreed upon rate, or
       (B) a nonparticipating provider, the payment rate shall be 
     at the rate the plan or issuer would normally pay for 
     comparable services under subparagraph (A).
       (d) Approved Clinical Trial Defined.--
       (1) In general.--In this section, the term ``approved 
     clinical trial'' means a clinical research study or clinical 
     investigation approved and funded (which may include funding 
     through in-kind contributions) by one or more of the 
     following:
       (A) The National Institutes of Health.
       (B) A cooperative group or center of the National 
     Institutes of Health.
       (C) Either of the following if the conditions described in 
     paragraph (2) are met:
       (i) The Department of Veterans Affairs.
       (ii) The Department of Defense.
       (2) Conditions for departments.--The conditions described 
     in this paragraph, for a study or investigation conducted by 
     a Department, are that the study or investigation has been 
     reviewed and approved through a system of peer review that 
     the Secretary determines--
       (A) to be comparable to the system of peer review of 
     studies and investigations used by the National Institutes of 
     Health, and
       (B) assures unbiased review of the highest scientific 
     standards by qualified individuals who have no interest in 
     the outcome of the review.
       (e) Construction.--Nothing in this section shall be 
     construed to limit a plan's or issuer's coverage with respect 
     to clinical trials.

     SEC. ____107. ACCESS TO NEEDED PRESCRIPTION DRUGS.

       (a) In General.--If a group health plan, or health 
     insurance issuer that offers health insurance coverage, 
     provides benefits with respect to prescription drugs but the 
     coverage limits such benefits to drugs included in a 
     formulary, the plan or issuer shall--
       (1) ensure participation of participating physicians and 
     pharmacists in the development of the formulary;
       (2) disclose to providers and, disclose upon request under 
     section ____121(c)(6) to participants, beneficiaries, and 
     enrollees, the nature of the formulary restrictions; and
       (3) consistent with the standards for a utilization review 
     program under section ____115, provide for exceptions from 
     the formulary limitation when a non-formulary alternative is 
     medically indicated.
       (b) Coverage of Approved Drugs and Medical Devices.--
       (1) In general.--A group health plan (or health insurance 
     coverage offered in connection with such a plan) that 
     provides any coverage of prescription drugs or medical 
     devices shall not deny coverage of such a drug or device on 
     the basis that the use is investigational, if the use--
       (A) in the case of a prescription drug--
       (i) is included in the labeling authorized by the 
     application in effect for the drug pursuant to subsection (b) 
     or (j) of section 505 of the Federal Food, Drug, and Cosmetic 
     Act, without regard to any postmarketing requirements that 
     may apply under such Act; or
       (ii) is included in the labeling authorized by the 
     application in effect for the drug under section 351 of the 
     Public Health Service Act, without regard to any 
     postmarketing requirements that may apply pursuant to such 
     section; or
       (B) in the case of a medical device, is included in the 
     labeling authorized by a regulation under subsection (d) or 
     (3) of section 513 of the Federal Food, Drug, and Cosmetic 
     Act, an order under subsection (f) of such section, or an 
     application approved under section 515 of such Act, without 
     regard to any postmarketing requirements that may apply under 
     such Act.
       (2) Construction.--Nothing in this subsection shall be 
     construed as requiring a group health plan (or health 
     insurance coverage offered in connection with such a plan) to 
     provide any coverage of prescription drugs or medical 
     devices.

     SEC. ____108. ADEQUACY OF PROVIDER NETWORK.

       (a) In General.--Each group health plan, and each health 
     insurance issuer offering health insurance coverage, that 
     provides benefits, in whole or in part, through participating 
     health care providers shall have (in relation to the 
     coverage) a sufficient number, distribution, and variety of 
     qualified participating health care providers to ensure that 
     all covered health care services, including specialty 
     services, will be available and accessible in a timely manner 
     to all participants, beneficiaries, and enrollees under 
     the plan or coverage. This subsection shall only apply to 
     a plan's or issuer's application of restrictions on the 
     participation of health care providers in a network and 
     shall not be construed as requiring a plan or issuer to 
     create or establish new health care providers in an area.
       (b) Treatment of Certain Providers.--The qualified health 
     care providers under subsection (a) may include Federally 
     qualified health centers, rural health clinics, migrant 
     health centers, and other essential community providers 
     located in the service area of the plan or issuer and shall 
     include such providers if necessary to meet the standards 
     established to carry out such subsection.

     SEC. ____109. NONDISCRIMINATION IN DELIVERY OF SERVICES.

       (a) Application to Delivery of Services.--Subject to 
     subsection (b), a group health plan, and health insurance 
     issuer in relation to health insurance coverage, may not 
     discriminate against a participant, beneficiary, or enrollee 
     in the delivery of health care services consistent with the 
     benefits covered under the plan or coverage or as required by 
     law based on race, color, ethnicity, national origin, 
     religion, sex, age, mental or physical disability, sexual 
     orientation, genetic information, or source of payment.
       (b) Construction.--Nothing in subsection (a) shall be 
     construed as relating to the eligibility to be covered, or 
     the offering (or guaranteeing the offer) of coverage, under a 
     plan or health insurance coverage, the application of any 
     pre-existing condition exclusion consistent with applicable 
     law, or premiums charged under such plan or coverage. 
     Pursuant to section ____192(b), except as provided in section 
     ____152, nothing in this subtitle shall be construed as 
     requiring a group health plan or health insurance issuer to 
     provide specific benefits under the terms of such plan or 
     coverage.

                      CHAPTER 2--QUALITY ASSURANCE

     SEC. ____111. INTERNAL QUALITY ASSURANCE PROGRAM.

       (a) Requirement.--A group health plan, and a health 
     insurance issuer that offers health insurance coverage, shall 
     establish and maintain an ongoing, internal quality assurance 
     and continuous quality improvement program that meets the 
     requirements of subsection (b).
       (b) Program Requirements.--The requirements of this 
     subsection for a quality improvement program of a plan or 
     issuer are as follows:
       (1) Administration.--The plan or issuer has a separate 
     identifiable unit with responsibility for administration of 
     the program.
       (2) Written plan.--The plan or issuer has a written plan 
     for the program that is updated annually and that specifies 
     at least the following:
       (A) The activities to be conducted.
       (B) The organizational structure.
       (C) The duties of the medical director.
       (D) Criteria and procedures for the assessment of quality.
       (3) Systematic review.--The program provides for systematic 
     review of the type of health services provided, consistency 
     of services provided with good medical practice, and patient 
     outcomes.
       (4) Quality criteria.--The program--
       (A) uses criteria that are based on performance and patient 
     outcomes where feasible and appropriate;
       (B) includes criteria that are directed specifically at 
     meeting the needs of at-risk populations and covered 
     individuals with chronic conditions or severe illnesses, 
     including gender-specific criteria and pediatric-specific 
     criteria where available and appropriate;
       (C) includes methods for informing covered individuals of 
     the benefit of preventive care and what specific benefits 
     with respect to

[[Page S7638]]

     preventive care are covered under the plan or coverage; and
       (D) makes available to the public a description of the 
     criteria used under subparagraph (A).
       (5) System for reporting.--The program has procedures for 
     reporting of possible quality concerns by providers and 
     enrollees and for remedial actions to correct quality 
     problems, including written procedures for responding to 
     concerns and taking appropriate corrective action.
       (6) Data analysis.--The program provides, using data that 
     include the data collected under section ____112, for an 
     analysis of the plan's or issuer's performance on quality 
     measures.
       (7) Drug utilization review.--The program provides for a 
     drug utilization review program in accordance with section 
     ____114.
       (c) Deeming.--For purposes of subsection (a), the 
     requirements of--
       (1) subsection (b) (other than paragraph (5)) are deemed to 
     be met with respect to a health insurance issuer that is a 
     qualified health maintenance organization (as defined in 
     section 1310(c) of the Public Health Service Act); or
       (2) subsection (b) are deemed to be met with respect to a 
     health insurance issuer that is accredited by a national 
     accreditation organization that the Secretary certifies as 
     applying, as a condition of certification, standards at least 
     a stringent as those required for a quality improvement 
     program under subsection (b).
       (d) Variation Permitted.--The Secretary may provide for 
     variations in the application of the requirements of this 
     section to group health plans and health insurance issuers 
     based upon differences in the delivery system among such 
     plans and issuers as the Secretary deems appropriate.

     SEC. ____112. COLLECTION OF STANDARDIZED DATA.

       (a) In General.--A group health plan and a health insurance 
     issuer that offers health insurance coverage shall collect 
     uniform quality data that include a minimum uniform data set 
     described in subsection (b).
       (b) Minimum Uniform Data Set.--The Secretary shall specify 
     (and may from time to time update) the data required to be 
     included in the minimum uniform data set under subsection (a) 
     and the standard format for such data. Such data shall 
     include at least--
       (1) aggregate utilization data;
       (2) data on the demographic characteristics of 
     participants, beneficiaries, and enrollees;
       (3) data on disease-specific and age-specific mortality 
     rates and (to the extent feasible) morbidity rates of such 
     individuals;
       (4) data on satisfaction (including satisfaction with 
     respect to services to children) of such individuals, 
     including data on voluntary disenrollment and grievances; and
       (5) data on quality indicators and health outcomes, 
     including, to the extent feasible and appropriate, data on 
     pediatric cases and on a gender-specific basis.
       (c) Availability.--A summary of the data collected under 
     subsection (a) shall be disclosed under section 
     ____121(b)(9). The Secretary shall be provided access to all 
     the data so collected.
       (d) Variation Permitted.--The Secretary may provide for 
     variations in the application of the requirements of this 
     section to group health plans and health insurance issuers 
     based upon differences in the delivery system among such 
     plans and issuers as the Secretary deems appropriate.
       (e) Exception for Non-Medical, Religious Care Providers.--
     The requirements of subsection (a), insofar as they may apply 
     to a provider of health care, do not apply to a provider that 
     provides no medical care and that provides only a religious 
     method of healing or religious nonmedical nursing care.

     SEC. ____113. PROCESS FOR SELECTION OF PROVIDERS.

       (a) In General.--A group health plan and a health insurance 
     issuer that offers health insurance coverage shall, if it 
     provides benefits through participating health care 
     professionals, have a written process for the selection of 
     participating health care professionals, including minimum 
     professional requirements.
       (b) Verification of Background.--Such process shall include 
     verification of a health care provider's license and a 
     history of suspension or revocation.
       (c) Restriction.--Such process shall not use a high-risk 
     patient base or location of a provider in an area with 
     residents with poorer health status as a basis for excluding 
     providers from participation.
       (d) Nondiscrimination Based on Licensure.--
       (1) In general.--Such process shall not discriminate with 
     respect to participation or indemnification as to any 
     provider who is acting within the scope of the provider's 
     license or certification under applicable State law, solely 
     on the basis of such license or certification.
       (2) Construction.--Paragraph (1) shall not be construed--
       (A) as requiring the coverage under a plan or coverage of 
     particular benefits or services or to prohibit a plan or 
     issuer from including providers only to the extent necessary 
     to meet the needs of the plan's or issuer's participants, 
     beneficiaries, or enrollees or from establishing any measure 
     designed to maintain quality and control costs consistent 
     with the responsibilities of the plan or issuer; or
       (B) to override any State licensure or scope-of-practice 
     law.
       (e) General Nondiscrimination.--
       (1) In general.--Subject to paragraph (2), such process 
     shall not discriminate with respect to selection of a health 
     care professional to be a participating health care provider, 
     or with respect to the terms and conditions of such 
     participation, based on the professional's race, color, 
     religion, sex, national origin, age, sexual orientation, or 
     disability (consistent with the Americans with Disabilities 
     Act of 1990).
       (2) Rules.--The appropriate Secretary may establish such 
     definitions, rules, and exceptions as may be appropriate to 
     carry out paragraph (1), taking into account comparable 
     definitions, rules, and exceptions in effect under 
     employment-based nondiscrimination laws and regulations that 
     relate to each of the particular bases for discrimination 
     described in such paragraph.

     SEC. ____114. DRUG UTILIZATION PROGRAM.

       A group health plan, and a health insurance issuer that 
     provides health insurance coverage, that includes benefits 
     for prescription drugs shall establish and maintain, as part 
     of its internal quality assurance and continuous quality 
     improvement program under section ____111, a drug utilization 
     program which--
       (1) encourages appropriate use of prescription drugs by 
     participants, beneficiaries, and enrollees and providers, and
       (2) takes appropriate action to reduce the incidence of 
     improper drug use and adverse drug reactions and 
     interactions.

     SEC. ____115. STANDARDS FOR UTILIZATION REVIEW ACTIVITIES.

       (a) Compliance with Requirements.--
       (1) In general.--A group health plan, and a health 
     insurance issuer that provides health insurance coverage, 
     shall conduct utilization review activities in connection 
     with the provision of benefits under such plan or coverage 
     only in accordance with a utilization review program that 
     meets the requirements of this section.
       (2) Use of outside agents.--Nothing in this section shall 
     be construed as preventing a group health plan or health 
     insurance issuer from arranging through a contract or 
     otherwise for persons or entities to conduct utilization 
     review activities on behalf of the plan or issuer, so long as 
     such activities are conducted in accordance with a 
     utilization review program that meets the requirements of 
     this section.
       (3) Utilization review defined.--For purposes of this 
     section, the terms ``utilization review'' and ``utilization 
     review activities'' mean procedures used to monitor or 
     evaluate the clinical necessity, appropriateness, efficacy, 
     or efficiency of health care services, procedures or 
     settings, and includes prospective review, concurrent review, 
     second opinions, case management, discharge planning, or 
     retrospective review.
       (b) Written Policies and Criteria.--
       (1) Written policies.--A utilization review program shall 
     be conducted consistent with written policies and procedures 
     that govern all aspects of the program.
       (2) Use of written criteria.--
       (A) In general.--Such a program shall utilize written 
     clinical review criteria developed pursuant to the program 
     with the input of appropriate physicians. Such criteria shall 
     include written clinical review criteria described in section 
     ____111(b)(4)(B).
       (B) Continuing use of standards in retrospective review.--
     If a health care service has been specifically pre-authorized 
     or approved for an enrollee under such a program, the program 
     shall not, pursuant to retrospective review, revise or modify 
     the specific standards, criteria, or procedures used for the 
     utilization review for procedures, treatment, and services 
     delivered to the enrollee during the same course of 
     treatment.
       (c) Conduct of Program Activities.--
       (1) Administration by health care professionals.--A 
     utilization review program shall be administered by qualified 
     health care professionals who shall oversee review decisions. 
     In this subsection, the term ``health care professional'' 
     means a physician or other health care practitioner licensed, 
     accredited, or certified to perform specified health services 
     consistent with State law.
       (2) Use of qualified, independent personnel.--
       (A) In general.--A utilization review program shall provide 
     for the conduct of utilization review activities only through 
     personnel who are qualified and, to the extent required, who 
     have received appropriate training in the conduct of such 
     activities under the program.
       (B) Peer review of sample of adverse clinical 
     determinations.--Such a program shall provide that clinical 
     peers (as defined in section ____191(c)(2)) shall evaluate 
     the clinical appropriateness of at least a sample of adverse 
     clinical determinations.
       (C) Prohibition of contingent compensation arrangements.--
     Such a program shall not, with respect to utilization review 
     activities, permit or provide compensation or anything of 
     value to its employees, agents, or contractors in a manner 
     that--
       (i) provides incentives, direct or indirect, for such 
     persons to make inappropriate review decisions, or
       (ii) is based, directly or indirectly, on the quantity or 
     type of adverse determinations rendered.
       (D) Prohibition of conflicts.--Such a program shall not 
     permit a health care professional who provides health care 
     services to an individual to perform utilization review

[[Page S7639]]

     activities in connection with the health care services being 
     provided to the individual.
       (3) Accessibility of review.--Such a program shall provide 
     that appropriate personnel performing utilization review 
     activities under the program are reasonably accessible by 
     toll-free telephone during normal business hours to discuss 
     patient care and allow response to telephone requests, and 
     that appropriate provision is made to receive and respond 
     promptly to calls received during other hours.
       (4) Limits on frequency.--Such a program shall not provide 
     for the performance of utilization review activities with 
     respect to a class of services furnished to an individual 
     more frequently than is reasonably required to assess whether 
     the services under review are medically necessary or 
     appropriate.
       (5) Limitation on information requests.--Under such a 
     program, information shall be required to be provided by 
     health care providers only to the extent it is necessary to 
     perform the utilization review activity involved.
       (d) Deadline for Determinations.--
       (1) Prior authorization services.--Except as provided in 
     paragraph (2), in the case of a utilization review activity 
     involving the prior authorization of health care items and 
     services for an individual, the utilization review program 
     shall make a determination concerning such authorization, and 
     provide notice of the determination to the individual or the 
     individual's designee and the individual's health care 
     provider by telephone and in printed form, as soon as 
     possible in accordance with the medical exigencies of the 
     cases, and in no event later than 3 business days after the 
     date of receipt of information that is reasonably necessary 
     to make such determination.
       (2) Continued care.--In the case of a utilization review 
     activity involving authorization for continued or extended 
     health care services for an individual, or additional 
     services for an individual undergoing a course of continued 
     treatment prescribed by a health care provider, the 
     utilization review program shall make a determination 
     concerning such authorization, and provide notice of the 
     determination to the individual or the individual's designee 
     and the individual's health care provider by telephone and in 
     printed form, as soon as possible in accordance with the 
     medical exigencies of the cases, and in no event later than 1 
     business day after the date of receipt of information that is 
     reasonably necessary to make such determination. Such notice 
     shall include, with respect to continued or extended health 
     care services, the number of extended services approved, the 
     new total of approved services, the date of onset of 
     services, and the next review date, if any.
       (3) Previously provided services.--In the case of a 
     utilization review activity involving retrospective review of 
     health care services previously provided for an individual, 
     the utilization review program shall make a determination 
     concerning such services, and provide notice of the 
     determination to the individual or the individual's designee 
     and the individual's health care provider by telephone and in 
     printed form, within 30 days of the date of receipt of 
     information that is reasonably necessary to make such 
     determination.
       (4) Reference to special rules for emergency services, 
     maintenance care, and post-stabilization care.--For waiver of 
     prior authorization requirements in certain cases involving 
     emergency services and maintenance care and post-
     stabilization care, see subsections (a)(1) and (b) of section 
     ____101, respectively.
       (e) Notice of Adverse Determinations.--
       (1) In general.--Notice of an adverse determination under a 
     utilization review program shall be provided in printed form 
     and shall include--
       (A) the reasons for the determination (including the 
     clinical rationale);
       (B) instructions on how to initiate an appeal under section 
     ____132; and
       (C) notice of the availability, upon request of the 
     individual (or the individual's designee) of the clinical 
     review criteria relied upon to make such determination.
       (2) Specification of any additional information.--Such a 
     notice shall also specify what (if any) additional necessary 
     information must be provided to, or obtained by, the person 
     making the determination in order to make a decision on such 
     an appeal.

     SEC. ____116. HEALTH CARE QUALITY ADVISORY BOARD.

       (a) Establishment.--The President shall establish an 
     advisory board to provide information to Congress and the 
     administration on issues relating to quality monitoring and 
     improvement in the health care provided under group health 
     plans and health insurance coverage.
       (b) Number and Appointment.--The advisory board shall be 
     composed of the Secretary of Health and Human Services (or 
     the Secretary's designee), the Secretary of Labor (or the 
     Secretary's designee), and 20 additional members appointed by 
     the President, in consultation with the Majority and Minority 
     Leaders of the Senate and House of Representatives. The 
     members so appointed shall include individuals with expertise 
     in--
       (1) consumer needs;
       (2) education and training of health professionals;
       (3) health care services;
       (4) health plan management;
       (5) health care accreditation, quality assurance, 
     improvement, measurement, and oversight;
       (6) medical practice, including practicing physicians;
       (7) prevention and public health; and
       (8) public and private group purchasing for small and large 
     employers or groups.
       (c) Duties.--The advisory board shall--
       (1) identify, update, and disseminate measures of health 
     care quality for group health plans and health insurance 
     issuers, including network and non-network plans;
       (2) advise the Secretary on the development and maintenance 
     of the minimum data set in section ____112(b); and
       (3) advise the Secretary on standardized formats for 
     information on group health plans and health insurance 
     coverage.

     The measures identified under paragraph (1) may be used on a 
     voluntary basis by such plans and issuers. In carrying out 
     paragraph (1), the advisory board shall consult and cooperate 
     with national health care standard setting bodies which 
     define quality indicators, the Agency for Health Care Policy 
     and Research, the Institute of Medicine, and other public and 
     private entities that have expertise in health care quality.
       (d) Report.--The advisory board shall provide an annual 
     report to Congress and the President on the quality of the 
     health care in the United States and national and regional 
     trends in health care quality. Such report shall include a 
     description of determinants of health care quality and 
     measurements of practice and quality variability within the 
     United States.
       (e) Secretarial Consultation.--In serving on the advisory 
     board, the Secretaries of Health and Human Services and Labor 
     (or their designees) shall consult with the Secretaries 
     responsible for other Federal health insurance and health 
     care programs.
       (f) Vacancies.--Any vacancy on the board shall be filled in 
     such manner as the original appointment. Members of the board 
     shall serve without compensation but shall be reimbursed for 
     travel, subsistence, and other necessary expenses incurred by 
     them in the performance of their duties. Administrative 
     support, scientific support, and technical assistance for the 
     advisory board shall be provided by the Secretary of Health 
     and Human Services.
       (g) Continuation.--Section 14(a)(2)(B) of the Federal 
     Advisory Committee Act (5 U.S.C. App.; relating to the 
     termination of advisory committees) shall not apply to the 
     advisory board.

                     CHAPTER 3--PATIENT INFORMATION

     SEC. ____121. PATIENT INFORMATION.

       (a) Disclosure Requirement.--
       (1) Group health plans.--A group health plan shall--
       (A) provide to participants and beneficiaries at the time 
     of initial coverage under the plan (or the effective date of 
     this section, in the case of individuals who are participants 
     or beneficiaries as of such date), and at least annually 
     thereafter, the information described in subsection (b) in 
     printed form;
       (B) provide to participants and beneficiaries, within a 
     reasonable period (as specified by the appropriate Secretary) 
     before or after the date of significant changes in the 
     information described in subsection (b), information in 
     printed form on such significant changes; and
       (C) upon request, make available to participants and 
     beneficiaries, the applicable authority, and prospective 
     participants and beneficiaries, the information described in 
     subsection (b) or (c) in printed form.
       (2) Health insurance issuers.--A health insurance issuer in 
     connection with the provision of health insurance coverage 
     shall--
       (A) provide to individuals enrolled under such coverage at 
     the time of enrollment, and at least annually thereafter, the 
     information described in subsection (b) in printed form;
       (B) provide to enrollees, within a reasonable period (as 
     specified by the appropriate Secretary) before or after the 
     date of significant changes in the information described in 
     subsection (b), information in printed form on such 
     significant changes; and
       (C) upon request, make available to the applicable 
     authority, to individuals who are prospective enrollees, and 
     to the public the information described in subsection (b) or 
     (c) in printed form.
       (b) Information Provided.--The information described in 
     this subsection with respect to a group health plan or health 
     insurance coverage offered by a health insurance issuer 
     includes the following:
       (1) Service area.--The service area of the plan or issuer.
       (2) Benefits.--Benefits offered under the plan or coverage, 
     including--
       (A) covered benefits, including benefit limits and coverage 
     exclusions;
       (B) cost sharing, such as deductibles, coinsurance, and 
     copayment amounts, including any liability for balance 
     billing, any maximum limitations on out of pocket expenses, 
     and the maximum out of pocket costs for services that are 
     provided by non participating providers or that are furnished 
     without meeting the applicable utilization review 
     requirements;
       (C) the extent to which benefits may be obtained from 
     nonparticipating providers;
       (D) the extent to which a participant, beneficiary, or 
     enrollee may select from among participating providers and 
     the types of providers participating in the plan or issuer 
     network;
       (E) process for determining experimental coverage; and
       (F) use of a prescription drug formulary.
       (3) Access.--A description of the following:

[[Page S7640]]

       (A) The number, mix, and distribution of providers under 
     the plan or coverage.
       (B) Out-of-network coverage (if any) provided by the plan 
     or coverage.
       (C) Any point-of-service option (including any supplemental 
     premium or cost-sharing for such option).
       (D) The procedures for participants, beneficiaries, and 
     enrollees to select, access, and change participating primary 
     and specialty providers.
       (E) The rights and procedures for obtaining referrals 
     (including standing referrals) to participating and 
     nonparticipating providers.
       (F) The name, address, and telephone number of 
     participating health care providers and an indication of 
     whether each such provider is available to accept new 
     patients.
       (G) Any limitations imposed on the selection of qualifying 
     participating health care providers, including any 
     limitations imposed under section ____103(b)(2).
       (H) How the plan or issuer addresses the needs of 
     participants, beneficiaries, and enrollees and others who do 
     not speak English or who have other special communications 
     needs in accessing providers under the plan or coverage, 
     including the provision of information described in this 
     subsection and subsection (c) to such individuals and 
     including the provision of information in a language other 
     than English if 5 percent of the number of participants, 
     beneficiaries, and enrollees communicate in that language 
     instead of English.
       (4) Out-of-area coverage.--Out-of-area coverage provided by 
     the plan or issuer.
       (5) Emergency coverage.--Coverage of emergency services, 
     including--
       (A) the appropriate use of emergency services, including 
     use of the 911 telephone system or its local equivalent in 
     emergency situations and an explanation of what constitutes 
     an emergency situation;
       (B) the process and procedures of the plan or issuer for 
     obtaining emergency services; and
       (C) the locations of (i) emergency departments, and (ii) 
     other settings, in which plan physicians and hospitals 
     provide emergency services and post-stabilization care.
       (6) Percentage of premiums used for benefits (loss-
     ratios).--In the case of health insurance coverage only (and 
     not with respect to group health plans that do not provide 
     coverage through health insurance coverage), a description of 
     the overall loss-ratio for the coverage (as defined in 
     accordance with rules established or recognized by the 
     Secretary of Health and Human Services).
       (7) Prior authorization rules.--Rules regarding prior 
     authorization or other review requirements that could result 
     in noncoverage or nonpayment.
       (8) Grievance and appeals procedures.--All appeal or 
     grievance rights and procedures under the plan or coverage, 
     including the method for filing grievances and the time 
     frames and circumstances for acting on grievances and 
     appeals, who is the applicable authority with respect to the 
     plan or issuer, and the availability of assistance through an 
     ombudsman to individuals in relation to group health plans 
     and health insurance coverage.
       (9) Quality assurance.--A summary description of the data 
     on quality collected under section ____112(a), including a 
     summary description of the data on satisfaction of 
     participants, beneficiaries, and enrollees (including data on 
     individual voluntary disenrollment and grievances and 
     appeals) described in section ____112(b)(4).
       (10) Summary of provider financial incentives.--A summary 
     description of the information on the types of financial 
     payment incentives (described in section 1852(j)(4) of the 
     Social Security Act) provided by the plan or issuer under the 
     coverage.
       (11) Information on issuer.--Notice of appropriate mailing 
     addresses and telephone numbers to be used by participants, 
     beneficiaries, and enrollees in seeking information or 
     authorization for treatment.
       (12) Availability of information on request.--Notice that 
     the information described in subsection (c) is available upon 
     request.
       (c) Information Made Available Upon Request.--The 
     information described in this subsection is the following:
       (1) Utilization review activities.--A description of 
     procedures used and requirements (including circumstances, 
     time frames, and appeal rights) under any utilization review 
     program under section ____115, including under any drug 
     formulary program under section ____107.
       (2) Grievance and appeals information.--Information on the 
     number of grievances and appeals and on the disposition in 
     the aggregate of such matters.
       (3) Method of physician compensation.--An overall summary 
     description as to the method of compensation of participating 
     physicians, including information on the types of financial 
     payment incentives (described in section 1852(j)(4) of the 
     Social Security Act) provided by the plan or issuer under the 
     coverage.
       (4) Specific information on credentials of participating 
     providers.--In the case of each participating provider, a 
     description of the credentials of the provider.
       (5) Confidentiality policies and procedures.--A description 
     of the policies and procedures established to carry out 
     section ____122.
       (6) Formulary restrictions.--A description of the nature of 
     any drug formula restrictions.
       (7) Participating provider list.--A list of current 
     participating health care providers.
       (d) Form of Disclosure.--
       (1) Uniformity.--Information required to be disclosed under 
     this section shall be provided in accordance with uniform, 
     national reporting standards specified by the Secretary, 
     after consultation with applicable State authorities, so that 
     prospective enrollees may compare the attributes of different 
     issuers and coverage offered within an area.
       (2) Information into handbook.--Nothing in this section 
     shall be construed as preventing a group health plan or 
     health insurance issuer from making the information under 
     subsections (b) and (c) available to participants, 
     beneficiaries, and enrollees through an enrollee handbook or 
     similar publication.
       (3) Updating participating provider information.--The 
     information on participating health care providers described 
     in subsection (b)(3)(C) shall be updated within such 
     reasonable period as determined appropriate by the Secretary. 
     Nothing in this section shall prevent an issuer from changing 
     or updating other information made available under this 
     section.
       (e) Construction.--Nothing in this section shall be 
     construed as requiring public disclosure of individual 
     contracts or financial arrangements between a group health 
     plan or health insurance issuer and any provider.

     SEC. ____122. PROTECTION OF PATIENT CONFIDENTIALITY.

       Insofar as a group health plan, or a health insurance 
     issuer that offers health insurance coverage, maintains 
     medical records or other health information regarding 
     participants, beneficiaries, and enrollees, the plan or 
     issuer shall establish procedures--
       (1) to safeguard the privacy of any individually 
     identifiable enrollee information;
       (2) to maintain such records and information in a manner 
     that is accurate and timely, and
       (3) to assure timely access of such individuals to such 
     records and information.

     SEC. ____123. HEALTH INSURANCE OMBUDSMEN.

       (a) In General.--Each State that obtains a grant under 
     subsection (c) shall provide for creation and operation of a 
     Health Insurance Ombudsman through a contract with a not-for-
     profit organization that operates independent of group health 
     plans and health insurance issuers. Such Ombudsman shall be 
     responsible for at least the following:
       (1) To assist consumers in the State in choosing among 
     health insurance coverage or among coverage options offered 
     within group health plans.
       (2) To provide counseling and assistance to enrollees 
     dissatisfied with their treatment by health insurance issuers 
     and group health plans in regard to such coverage or plans 
     and with respect to grievances and appeals regarding 
     determinations under such coverage or plans.
       (b) Federal Role.--In the case of any State that does not 
     provide for such an Ombudsman under subsection (a), the 
     Secretary shall provide for the creation and operation of a 
     Health Insurance Ombudsman through a contract with a not-for-
     profit organization that operates independent of group health 
     plans and health insurance issuers and that is responsible 
     for carrying out with respect to that State the functions 
     otherwise provided under subsection (a) by a Health Insurance 
     Ombudsman.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Health and Human 
     Services such amounts as may be necessary to provide for 
     grants to States for contracts for Health Insurance Ombudsmen 
     under subsection (a) or contracts for such Ombudsmen under 
     subsection (b).
       (d) Construction.--Nothing in this section shall be 
     construed to prevent the use of other forms of enrollee 
     assistance.

              CHAPTER 4--GRIEVANCE AND APPEALS PROCEDURES

     SEC. ____131. ESTABLISHMENT OF GRIEVANCE PROCESS.

       (a) Establishment of Grievance System.--
       (1) In general.--A group health plan, and a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, shall establish and maintain a system to 
     provide for the presentation and resolution of oral and 
     written grievances brought by individuals who are 
     participants, beneficiaries, or enrollees, or health care 
     providers or other individuals acting on behalf of an 
     individual and with the individual's consent, regarding any 
     aspect of the plan's or issuer's services.
       (2) Scope.--The system shall include grievances regarding 
     access to and availability of services, quality of care, 
     choice and accessibility of providers, network adequacy, and 
     compliance with the requirements of this subtitle.
       (b) Grievance System.--Such system shall include the 
     following components with respect to individuals who are 
     participants, beneficiaries, or enrollees:
       (1) Written notification to all such individuals and 
     providers of the telephone numbers and business addresses of 
     the plan or issuer personnel responsible for resolution of 
     grievances and appeals.
       (2) A system to record and document, over a period of at 
     least 3 previous years, all grievances and appeals made and 
     their status.
       (3) A process providing for timely processing and 
     resolution of grievances.

[[Page S7641]]

       (4) Procedures for follow-up action, including the methods 
     to inform the person making the grievance of the resolution 
     of the grievance.
       (5) Notification to the continuous quality improvement 
     program under section ____111(a) of all grievances and 
     appeals relating to quality of care.

     SEC. ____132. INTERNAL APPEALS OF ADVERSE DETERMINATIONS.

       (a) Right of Appeal.--
       (1) In general.--A participant or beneficiary in a group 
     health plan, and an enrollee in health insurance coverage 
     offered by a health insurance issuer, and any provider or 
     other person acting on behalf of such an individual with the 
     individual's consent, may appeal any appealable decision (as 
     defined in paragraph (2)) under the procedures described in 
     this section and (to the extent applicable) section ____133. 
     Such individuals and providers shall be provided with a 
     written explanation of the appeal process and the 
     determination upon the conclusion of the appeals process and 
     as provided in section ____121(b)(8).
       (2) Appealable decision defined.--In this section, the term 
     ``appealable decision'' means any of the following:
       (A) Denial, reduction, or termination of, or failure to 
     provide or make payment (in whole or in part) for a benefit, 
     including a failure to cover an item or service for which 
     benefits are otherwise provided because it is determined to 
     be experimental or investigational or not medically necessary 
     or appropriate.
       (B) Failure to provide coverage of emergency services or 
     reimbursement of maintenance care or post-stabilization care 
     under section ____101.
       (C) Failure to provide a choice of provider under section 
     ____103.
       (D) Failure to provide qualified health care providers 
     under section ____103.
       (E) Failure to provide access to specialty and other care 
     under section ____104.
       (F) Failure to provide continuation of care under section 
     ____105.
       (G) Failure to provide coverage of routine patient costs in 
     connection with an approval clinical trial under section 
     ____106.
       (H) Failure to provide access to needed drugs under section 
     ____107(a)(3) or 107(b).
       (I) Discrimination in delivery of services in violation of 
     section ____109.
       (J) An adverse determination under a utilization review 
     program under section ____115.
       (K) The imposition of a limitation that is prohibited under 
     section ____151.
       (b) Internal Appeal Process.--
       (1) In general.--Each group health plan and health 
     insurance issuer shall establish and maintain an internal 
     appeal process under which any participant, beneficiary, or 
     enrollee, or any provider or other person acting on behalf of 
     such an individual with the individual's consent, who is 
     dissatisfied with any appealable decision has the opportunity 
     to appeal the decision through an internal appeal process. 
     The appeal may be communicated orally.
       (2) Conduct of review.--
       (A) In general.--The process shall include a review of the 
     decision by a physician or other health care professional (or 
     professionals) who has been selected by the plan or issuer 
     and who has not been involved in the appealable decision at 
     issue in the appeal.
       (B) Availability and participation of clinical peers.--The 
     individuals conducting such review shall include one or more 
     clinical peers (as defined in section ____191(c)(2)) who have 
     not been involved in the appealable decision at issue in the 
     appeal.
       (3) Deadline.--
       (A) In general.--Subject to subsection (c), the plan or 
     issuer shall conclude each appeal as soon as possible after 
     the time of the receipt of the appeal in accordance with 
     medical exigencies of the case involved, but in no event 
     later than--
       (i) 72 hours after the time of receipt of an expedited 
     appeal, and
       (ii) except as provided in subparagraph (B), 30 business 
     days after such time (or, if the participant, beneficiary, or 
     enrollee supplies additional information that was not 
     available to the plan or issuer at the time of the receipt of 
     the appeal, after the date of supplying such additional 
     information) in the case of all other appeals.
       (B) Extension.--In the case of an appeal that does not 
     relate to a decision regarding an expedited appeal and that 
     does not involve medical exigencies, if a group health plan 
     or health insurance issuer is unable to conclude the appeal 
     within the time period provided under subparagraph (A)(ii) 
     due to circumstances beyond the control of the plan or 
     issuer, the deadline shall be extended for up to an 
     additional 10 business days if the plan or issuer provides, 
     on or before 10 days before the deadline otherwise 
     applicable, written notice to the participant, beneficiary, 
     or enrollee and the provider involved of the extension and 
     the reasons for the extension.
       (4) Notice.--If a plan or issuer denies an appeal, the plan 
     or issuer shall provide the participant, beneficiary, or 
     enrollee and provider involved with notice in printed form of 
     the denial and the reasons therefore, together with a notice 
     in printed form of rights to any further appeal.
       (c) Expedited Review Process.--
       (1) In general.--A group health plan, and a health 
     insurance issuer, shall establish procedures in writing for 
     the expedited consideration of appeals under subsection (b) 
     in situations in which the application of the normal 
     timeframe for making a determination could seriously 
     jeopardize the life or health of the participant, 
     beneficiary, or enrollee (including in the case of a child, 
     development) or such an individual's ability to regain 
     maximum function.
       (2) Process.--Under such procedures--
       (A) the request for expedited appeal may be submitted 
     orally or in writing by an individual or provider who is 
     otherwise entitled to request the appeal;
       (B) all necessary information, including the plan's or 
     issuer's decision, shall be transmitted between the plan or 
     issuer and the requester by telephone, facsimile, or other 
     similarly expeditious available method; and
       (C) the plan or issuer shall expedite the appeal if the 
     request for an expedited appeal is submitted under 
     subparagraph (A) by a physician and the request indicates 
     that the situation described in paragraph (1) exists.
       (d) Direct Use of Further Appeals.--In the event that the 
     plan or issuer fails to comply with any of the deadlines for 
     completion of appeals under this section or in the event that 
     the plan or issuer for any reason expressly waives its rights 
     to an internal review of an appeal under subsection (b), the 
     participant, beneficiary, or enrollee involved and the 
     provider involved shall be relieved of any obligation to 
     complete the appeal involved and may, at such an individual's 
     or provider's option, proceed directly to seek further appeal 
     through any applicable external appeals process.

     SEC. ____133. EXTERNAL APPEALS OF ADVERSE DETERMINATIONS.

       (a) Right to External Appeal.--
       (1) In general.--A group health plan, and a health 
     insurance issuer offering group health insurance coverage, 
     shall provide for an external appeals process that meets the 
     requirements of this section in the case of an externally 
     appealable decision described in paragraph (2). The 
     appropriate Secretary shall establish standards to carry out 
     such requirements.
       (2) Externally appealable decision defined.--For purposes 
     of this section, the term ``externally appealable decision'' 
     means an appealable decision (as defined in section 
     ____132(a)(2)) if--
       (A) the amount involved exceeds a significant threshold; or
       (B) the patient's life or health is jeopardized (including, 
     in the case of a child, development) as a consequence of the 
     decision.

     Such term does not include a denial of coverage for services 
     that are specifically listed in plan or coverage documents as 
     excluded from coverage.
       (3) Exhaustion of internal appeals process.--A plan or 
     issuer may condition the use of an external appeal process in 
     the case of an externally appealable decision upon completion 
     of the internal review process provided under section 
     ____132, but only if the decision is made in a timely basis 
     consistent with the deadlines provided under this chapter.
       (b) General Elements of External Appeals Process.--
       (1) Contract with qualified external appeal entity.--
       (A) Contract requirement.--Subject to subparagraph (B), the 
     external appeal process under this section of a plan or 
     issuer shall be conducted under a contract between the plan 
     or issuer and one or more qualified external appeal entities 
     (as defined in subsection (c)).
       (B) Restrictions on qualified external appeal entity.--
       (i) By state for health insurance issuers.--With respect to 
     health insurance issuers in a State, the State may provide 
     for external review activities to be conducted by a qualified 
     external appeal entity that is designated by the State or 
     that is selected by the State in such a manner as to assure 
     an unbiased determination.
       (ii) By federal government for group health plans.--With 
     respect to group health plans, the appropriate Secretary may 
     exercise the same authority as a State may exercise with 
     respect to health insurance issuers under clause (i). Such 
     authority may include requiring the use of the qualified 
     external appeal entity designated or selected under such 
     clause.
       (iii) Limitation on plan or issuer selection.--If an 
     applicable authority permits more than one entity to qualify 
     as a qualified external appeal entity with respect to a group 
     health plan or health insurance issuer and the plan or issuer 
     may select among such qualified entities, the applicable 
     authority--

       (I) shall assure that the selection process will not create 
     any incentives for external appeal entities to make a 
     decision in a biased manner, and
       (II) shall implement procedures for auditing a sample of 
     decisions by such entities to assure that no such decisions 
     are made in a biased manner.

       (C) Other terms and conditions.--The terms and conditions 
     of a contract under this paragraph shall be consistent with 
     the standards the appropriate Secretary shall establish to 
     assure there is no real or apparent conflict of interest in 
     the conduct of external appeal activities. Such contract 
     shall provide that the direct costs of the process (not 
     including costs of representation of a participant, 
     beneficiary, or enrollee) shall be paid by the plan or 
     issuer, and not by the participant, beneficiary, or enrollee.
       (2) Elements of process.--An external appeal process shall 
     be conducted consistent with standards established by the 
     appropriate Secretary that include at least the following:

[[Page S7642]]

       (A) Fair process; de novo determination.--The process shall 
     provide for a fair, de novo determination.
       (B) Determination concerning externally appealable 
     decisions.--A qualified external appeal entity shall 
     determine whether a decision is an externally appealable 
     decision and related decisions, including--
       (i) whether such a decision involves an expedited appeal;
       (ii) the appropriate deadlines for internal review process 
     required due to medical exigencies in a case; and
       (iii) whether such a process has been completed.
       (C) Opportunity to submit evidence, have representation, 
     and make oral presentation.--Each party to an externally 
     appealable decision--
       (i) may submit and review evidence related to the issues in 
     dispute,
       (ii) may use the assistance or representation of one or 
     more individuals (any of whom may be an attorney), and
       (iii) may make an oral presentation.
       (D) Provision of information.--The plan or issuer involved 
     shall provide timely access to all its records relating to 
     the matter of the externally appealable decision and to all 
     provisions of the plan or health insurance coverage 
     (including any coverage manual) relating to the matter.
       (E) Timely decisions.--A determination by the external 
     appeal entity on the decision shall--
       (i) be made orally or in writing and, if it is made orally, 
     shall be supplied to the parties in writing as soon as 
     possible;
       (ii) be binding on the plan or issuer;
       (iii) be made in accordance with the medical exigencies of 
     the case involved, but in no event later than 60 days (or 72 
     hours in the case of an expedited appeal) from the date of 
     completion of the filing of notice of external appeal of the 
     decision;
       (iv) state, in layperson's language, the basis for the 
     determination, including, if relevant, any basis in the terms 
     or conditions of the plan or coverage; and
       (v) inform the participant, beneficiary, or enrollee of the 
     individual's rights to seek further review by the courts (or 
     other process) of the external appeal determination.
       (c) Qualifications of External Appeal Entities.--
       (1) In general.--For purposes of this section, the term 
     ``qualified external appeal entity'' means, in relation to a 
     plan or issuer, an entity (which may be a governmental 
     entity) that is certified under paragraph (2) as meeting the 
     following requirements:
       (A) There is no real or apparent conflict of interest that 
     would impede the entity conducting external appeal activities 
     independent of the plan or issuer.
       (B) The entity conducts external appeal activities through 
     clinical peers.
       (C) The entity has sufficient medical, legal, and other 
     expertise and sufficient staffing to conduct external appeal 
     activities for the plan or issuer on a timely basis 
     consistent with subsection (b)(3)(E).
       (D) The entity meets such other requirements as the 
     appropriate Secretary may impose.
       (2) Certification of external appeal entities.--
       (A) In general.--In order to be treated as a qualified 
     external appeal entity with respect to--
       (i) a group health plan, the entity must be certified (and, 
     in accordance with subparagraph (B), periodically 
     recertified) as meeting the requirements of paragraph (1) by 
     the Secretary of Labor (or under a process recognized or 
     approved by the Secretary of Labor); or
       (ii) a health insurance issuer operating in a State, the 
     entity must be certified (and, in accordance with 
     subparagraph (B), periodically recertified) as meeting such 
     requirements by the applicable State authority (or, if the 
     State has not established an adequate certification and 
     recertification process, by the Secretary of Health and Human 
     Services, or under a process recognized or approved by such 
     Secretary).
       (B) Recertification process.--The appropriate Secretary 
     shall develop standards for the recertification of external 
     appeal entities. Such standards shall include a specification 
     of--
       (i) the information required to be submitted as a condition 
     of recertification on the entity's performance of external 
     appeal activities, which information shall include the number 
     of cases reviewed, a summary of the disposition of those 
     cases, the length of time in making determinations on those 
     cases, and such information as may be necessary to assure the 
     independence of the entity from the plans or issuers for 
     which external appeal activities are being conducted; and
       (ii) the periodicity which recertification will be 
     required.
       (d) Continuing Legal Rights of Enrollees.--Nothing in this 
     subtitle shall be construed as removing any legal rights of 
     participants, beneficiaries, enrollees, and others under 
     State or Federal law, including the right to file judicial 
     actions to enforce rights.

         CHAPTER 5--PROTECTING THE DOCTOR-PATIENT RELATIONSHIP

     SEC. ____141. PROHIBITION OF INTERFERENCE WITH CERTAIN 
                   MEDICAL COMMUNICATIONS.

       (a) Prohibition.--
       (1) General rule.--The provisions of any contract or 
     agreement, or the operation of any contract or agreement, 
     between a group health plan or health insurance issuer in 
     relation to health insurance coverage (including any 
     partnership, association, or other organization that enters 
     into or administers such a contract or agreement) and a 
     health care provider (or group of health care providers) 
     shall not prohibit or restrict the provider from engaging in 
     medical communications with the provider's patient.
       (2) Nullification.--Any contract provision or agreement 
     that restricts or prohibits medical communications in 
     violation of paragraph (1) shall be null and void.
       (b) Rules of Construction.--Nothing in this section shall 
     be construed--
       (1) to prohibit the enforcement, as part of a contract or 
     agreement to which a health care provider is a party, of any 
     mutually agreed upon terms and conditions, including terms 
     and conditions requiring a health care provider to 
     participate in, and cooperate with, all programs, policies, 
     and procedures developed or operated by a group health plan 
     or health insurance issuer to assure, review, or improve the 
     quality and effective utilization of health care services (if 
     such utilization is according to guidelines or protocols that 
     are based on clinical or scientific evidence and the 
     professional judgment of the provider) but only if the 
     guidelines or protocols under such utilization do not 
     prohibit or restrict medical communications between providers 
     and their patients; or
       (2) to permit a health care provider to misrepresent the 
     scope of benefits covered under the group health plan or 
     health insurance coverage or to otherwise require a group 
     health plan health insurance issuer to reimburse providers 
     for benefits not covered under the plan or coverage.
       (c) Medical Communication Defined.--In this section:
       (1) In general.--The term ``medical communication'' means 
     any communication made by a health care provider with a 
     patient of the health care provider (or the guardian or legal 
     representative of such patient) with respect to--
       (A) the patient's health status, medical care, or treatment 
     options;
       (B) any utilization review requirements that may affect 
     treatment options for the patient; or
       (C) any financial incentives that may affect the treatment 
     of the patient.
       (2) Misrepresentation.--The term ``medical communication'' 
     does not include a communication by a health care provider 
     with a patient of the health care provider (or the guardian 
     or legal representative of such patient) if the communication 
     involves a knowing or willful misrepresentation by such 
     provider.

     SEC. ____142. PROHIBITION AGAINST TRANSFER OF INDEMNIFICATION 
                   OR IMPROPER INCENTIVE ARRANGEMENTS.

       (a) Prohibition of Transfer of Indemnification.--
       (1) In general.--No contract or agreement between a group 
     health plan or health insurance issuer (or any agent acting 
     on behalf of such a plan or issuer) and a health care 
     provider shall contain any provision purporting to transfer 
     to the health care provider by indemnification or otherwise 
     any liability relating to activities, actions, or omissions 
     of the plan, issuer, or agent (as opposed to the provider).
       (2) Nullification.--Any contract or agreement provision 
     described in paragraph (1) shall be null and void.
       (b) Prohibition of Improper Physician Incentive Plans.--
       (1) In general.--A group health plan and a health insurance 
     issuer offering health insurance coverage may not operate any 
     physician incentive plan (as defined in subparagraph (B) of 
     section 1876(i)(8) of the Social Security Act) unless the 
     requirements described in subparagraph (A) of such section 
     are met with respect to such a plan.
       (2) Application.--For purposes of carrying out paragraph 
     (1), any reference in section 1876(i)(8) of the Social 
     Security Act to the Secretary, an eligible organization, or 
     an individual enrolled with the organization shall be treated 
     as a reference to the applicable authority, a group health 
     plan or health insurance issuer, respectively, and a 
     participant, beneficiary, or enrollee with the plan or 
     organization, respectively.

     SEC. ____143. ADDITIONAL RULES REGARDING PARTICIPATION OF 
                   HEALTH CARE PROFESSIONALS.

       (a) Procedures.--Insofar as a group health plan, or health 
     insurance issuer that offers health insurance coverage, 
     provides benefits through participating health care 
     professionals, the plan or issuer shall establish reasonable 
     procedures relating to the participation (under an agreement 
     between a professional and the plan or issuer) of such 
     professionals under the plan or coverage. Such procedures 
     shall include--
       (1) providing notice of the rules regarding participation;
       (2) providing written notice of participation decisions 
     that are adverse to professionals; and
       (3) providing a process within the plan or issuer for 
     appealing such adverse decisions, including the presentation 
     of information and views of the professional regarding such 
     decision.
       (b) Consultation in Medical Policies.--A group health plan, 
     and health insurance issuer that offers health insurance 
     coverage, shall consult with participating physicians

[[Page S7643]]

     (if any) regarding the plan's or issuer's medical policy, 
     quality, and medical management procedures.

     SEC. ____144. PROTECTION FOR PATIENT ADVOCACY.

       (a) Protection for Use of Utilization Review and Grievance 
     Process.--A group health plan, and a health insurance issuer 
     with respect to the provision of health insurance coverage, 
     may not retaliate against a participant, beneficiary, 
     enrollee, or health care provider based on the participant's, 
     beneficiary's, enrollee's or provider's use of, or 
     participation in, a utilization review process or a grievance 
     process of the plan or issuer (including an internal or 
     external review or appeal process) under this subtitle.
       (b) Protection for Quality Advocacy by Health Care 
     Professionals.--
       (1) In general.--A group health plan or health insurance 
     issuer may not retaliate or discriminate against a protected 
     health care professional because the professional in good 
     faith--
       (A) discloses information relating to the care, services, 
     or conditions affecting one or more participants, 
     beneficiaries, or enrollees of the plan or issuer to an 
     appropriate public regulatory agency, an appropriate private 
     accreditation body, or appropriate management personnel of 
     the plan or issuer; or
       (B) initiates, cooperates, or otherwise participates in an 
     investigation or proceeding by such an agency with respect to 
     such care, services, or conditions.

     If an institutional health care provider is a participating 
     provider with such a plan or issuer or otherwise receives 
     payments for benefits provided by such a plan or issuer, the 
     provisions of the previous sentence shall apply to the 
     provider in relation to care, services, or conditions 
     affecting one or more patients within an institutional health 
     care provider in the same manner as they apply to the plan or 
     issuer in relation to care, services, or conditions provided 
     to one or more participants, beneficiaries, or enrollees; and 
     for purposes of applying this sentence, any reference to a 
     plan or issuer is deemed a reference to the institutional 
     health care provider.
       (2) Good faith action.--For purposes of paragraph (1), a 
     protected health care professional is considered to be acting 
     in good faith with respect to disclosure of information or 
     participation if, with respect to the information disclosed 
     as part of the action--
       (A) the disclosure is made on the basis of personal 
     knowledge and is consistent with that degree of learning and 
     skill ordinarily possessed by health care professionals with 
     the same licensure or certification and the same experience;
       (B) the professional reasonably believes the information to 
     be true;
       (C) the information evidences either a violation of a law, 
     rule, or regulation, of an applicable accreditation standard, 
     or of a generally recognized professional or clinical 
     standard or that a patient is in imminent hazard of loss 
     of life or serious injury; and
       (D) subject to subparagraphs (B) and (C) of paragraph (3), 
     the professional has followed reasonable internal procedures 
     of the plan, issuer, or institutional health care provider 
     established for the purpose of addressing quality concerns 
     before making the disclosure.
       (3) Exception and special rule.--
       (A) General exception.--Paragraph (1) does not protect 
     disclosures that would violate Federal or State law or 
     diminish or impair the rights of any person to the continued 
     protection of confidentiality of communications provided by 
     such law.
       (B) Notice of internal procedures.--Subparagraph (D) of 
     paragraph (2) shall not apply unless the internal procedures 
     involved are reasonably expected to be known to the health 
     care professional involved. For purposes of this 
     subparagraph, a health care professional is reasonably 
     expected to know of internal procedures if those procedures 
     have been made available to the professional through 
     distribution or posting.
       (C) Internal procedure exception.--Subparagraph (D) of 
     paragraph (2) also shall not apply if--
       (i) the disclosure relates to an imminent hazard of loss of 
     life or serious injury to a patient;
       (ii) the disclosure is made to an appropriate private 
     accreditation body pursuant to disclosure procedures 
     established by the body; or
       (iii) the disclosure is in response to an inquiry made in 
     an investigation or proceeding of an appropriate public 
     regulatory agency and the information disclosed is limited to 
     the scope of the investigation or proceeding.
       (4) Additional considerations.--It shall not be a violation 
     of paragraph (1) to take an adverse action against a 
     protected health care professional if the plan, issuer, or 
     provider taking the adverse action involved demonstrates that 
     it would have taken the same adverse action even in the 
     absence of the activities protected under such paragraph.
       (5) Notice.--A group health plan, health insurance issuer, 
     and institutional health care provider shall post a notice, 
     to be provided or approved by the Secretary of Labor, setting 
     forth excerpts from, or summaries of, the pertinent 
     provisions of this subsection and information pertaining to 
     enforcement of such provisions.
       (6) Constructions.--
       (A) Determinations of coverage.--Nothing in this subsection 
     shall be construed to prohibit a plan or issuer from making a 
     determination not to pay for a particular medical treatment 
     or service or the services of a type of health care 
     professional.
       (B) Enforcement of peer review protocols and internal 
     procedures.--Nothing in this subsection shall be construed to 
     prohibit a plan, issuer, or provider from establishing and 
     enforcing reasonable peer review or utilization review 
     protocols or determining whether a protected health care 
     professional has complied with those protocols or from 
     establishing and enforcing internal procedures for the 
     purpose of addressing quality concerns.
       (C) Relation to other rights.--Nothing in this subsection 
     shall be construed to abridge rights of participants, 
     beneficiaries, enrollees, and protected health care 
     professionals under other applicable Federal or State laws.
       (7) Protected health care professional defined.--For 
     purposes of this subsection, the term ``protected health care 
     professional'' means an individual who is a licensed or 
     certified health care professional and who--
       (A) with respect to a group health plan or health insurance 
     issuer, is an employee of the plan or issuer or has a 
     contract with the plan or issuer for provision of services 
     for which benefits are available under the plan or issuer; or
       (B) with respect to an institutional health care provider, 
     is an employee of the provider or has a contract or other 
     arrangement with the provider respecting the provision of 
     health care services.

               CHAPTER 6--PROMOTING GOOD MEDICAL PRACTICE

     SEC. ____151. PROMOTING GOOD MEDICAL PRACTICE.

       (a) Prohibiting Arbitrary Limitations or Conditions for the 
     Provision of Services.--
       (1) In general.--A group health plan, and a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, may not arbitrarily interfere with or 
     alter the decision of the treating physician regarding the 
     manner or setting in which particular services are delivered 
     if the services are medically necessary or appropriate for 
     treatment or diagnosis to the extent that such treatment or 
     diagnosis is otherwise a covered benefit.
       (2) Construction.--Paragraph (1) shall not be construed as 
     prohibiting a plan or issuer from limiting the delivery of 
     services to one or more health care providers within a 
     network of such providers.
       (3) Manner or setting defined.--In paragraph (1), the term 
     ``manner or setting'' means the location of treatment, such 
     as whether treatment is provided on an inpatient or 
     outpatient basis, and the duration of treatment, such as the 
     number of days in a hospital. Such term does not include the 
     coverage of a particular service or treatment.
       (b) No Change in Coverage.--Subsection (a) shall not be 
     construed as requiring coverage of particular services the 
     coverage of which is otherwise not covered under the terms of 
     the plan or coverage or from conducting utilization review 
     activities consistent with this subsection.
       (c) Medical Necessity or Appropriateness Defined.--In 
     subsection (a), the term ``medically necessary or 
     appropriate'' means, with respect to a service or benefit, a 
     service or benefit which is consistent with generally 
     accepted principles of professional medical practice.

     SEC. ____152. STANDARDS RELATING TO BENEFITS FOR CERTAIN 
                   BREAST CANCER TREATMENT.

       (a) Inpatient Care.--
       (1) In general.--A group health plan, and a health 
     insurance issuer offering group health insurance coverage, 
     that provides medical and surgical benefits shall ensure that 
     inpatient coverage with respect to the treatment of breast 
     cancer is provided for a period of time as is determined by 
     the attending physician, in his or her professional judgment 
     consistent with generally accepted medical standards, in 
     consultation with the patient, to be medically appropriate 
     following--
       (A) a mastectomy;
       (B) a lumpectomy; or
       (C) a lymph node dissection for the treatment of breast 
     cancer.
       (2) Exception.--Nothing in this section shall be construed 
     as requiring the provision of inpatient coverage if the 
     attending physician and patient determine that a shorter 
     period of hospital stay is medically appropriate.
       (b) Prohibitions.--A group health plan, and a health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan, may not--
       (1) deny to a woman eligibility, or continued eligibility, 
     to enroll or to renew coverage under the terms of the plan, 
     solely for the purpose of avoiding the requirements of this 
     section;
       (2) provide monetary payments or rebates to women to 
     encourage such women to accept less than the minimum 
     protections available under this section;
       (3) penalize or otherwise reduce or limit the reimbursement 
     of an attending provider because such provider provided care 
     to an individual participant or beneficiary in accordance 
     with this section;
       (4) provide incentives (monetary or otherwise) to an 
     attending provider to induce such provider to provide care to 
     an individual participant or beneficiary in a manner 
     inconsistent with this section; or

[[Page S7644]]

       (5) subject to subsection (c)(3), restrict benefits for any 
     portion of a period within a hospital length of stay required 
     under subsection (a) in a manner which is less favorable than 
     the benefits provided for any preceding portion of such stay.
       (c) Rules of Construction.--
       (1) Nothing in this section shall be construed to require a 
     woman who is a participant or beneficiary--
       (A) to undergo a mastectomy or lymph node dissection in a 
     hospital; or
       (B) to stay in the hospital for a fixed period of time 
     following a mastectomy or lymph node dissection.
       (2) This section shall not apply with respect to any group 
     health plan, or any group health insurance coverage offered 
     by a health insurance issuer, which does not provide benefits 
     for hospital lengths of stay in connection with a mastectomy 
     or lymph node dissection for the treatment of breast cancer.
       (3) Nothing in this section shall be construed as 
     preventing a group health plan or issuer from imposing 
     deductibles, coinsurance, or other cost-sharing in relation 
     to benefits for hospital lengths of stay in connection with a 
     mastectomy or lymph node dissection for the treatment of 
     breast cancer under the plan (or under health insurance 
     coverage offered in connection with a group health plan), 
     except that such coinsurance or other cost-sharing for any 
     portion of a period within a hospital length of stay required 
     under subsection (a) may not be greater than such coinsurance 
     or cost-sharing for any preceding portion of such stay.
       (d) Level and Type of Reimbursements.--Nothing in this 
     section shall be construed to prevent a group health plan or 
     a health insurance issuer offering group health insurance 
     coverage from negotiating the level and type of reimbursement 
     with a provider for care provided in accordance with this 
     section.
       (e) Exception for Health Insurance Coverage in Certain 
     States.--
       (1) In general.--The requirements of this section shall not 
     apply with respect to health insurance coverage if there is a 
     State law (as defined in section 2723(d)(1) of the Public 
     Health Service Act) for a State that regulates such coverage 
     that is described in any of the following subparagraphs:
       (A) Such State law requires such coverage to provide for at 
     least a 48-hour hospital length of stay following a 
     mastectomy performed for treatment of breast cancer and at 
     least a 24-hour hospital length of stay following a lymph 
     node dissection for treatment of breast cancer.
       (B) Such State law requires, in connection with such 
     coverage for surgical treatment of breast cancer, that the 
     hospital length of stay for such care is left to the decision 
     of (or required to be made by) the attending provider in 
     consultation with the woman involved.
       (2) Construction.--Section 2723(a)(1) of the Public Health 
     Service Act and section 731(a)(1) of the Employee Retirement 
     Income Security Act of 1974 shall not be construed as 
     superseding a State law described in paragraph (1).

                         CHAPTER 7--DEFINITIONS

     SEC. ____191. DEFINITIONS.

       (a) Incorporation of General Definitions.--The provisions 
     of section 2971 of the Public Health Service Act shall apply 
     for purposes of this subtitle in the same manner as they 
     apply for purposes of title XXVII of such Act.
       (b) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Health and Human 
     Services, in consultation with the Secretary of Labor and the 
     Secretary of the Treasury and the term ``appropriate 
     Secretary'' means the Secretary of Health and Human Services 
     in relation to carrying out this subtitle under sections 2707 
     and 2753 of the Public Health Service Act, the Secretary of 
     Labor in relation to carrying out this subtitle under section 
     714 of the Employee Retirement Income Security Act of 1974, 
     and the Secretary of the Treasury in relation to carrying out 
     this subtitle under chapter 100 and section 4980D of the 
     Internal Revenue Code of 1986.
       (c) Additional Definitions.--For purposes of this subtitle:
       (1) Applicable authority.--The term ``applicable 
     authority'' means--
       (A) in the case of a group health plan, the Secretary of 
     Health and Human Services and the Secretary of Labor; and
       (B) in the case of a health insurance issuer with respect 
     to a specific provision of this subtitle, the applicable 
     State authority (as defined in section 2791(d) of the Public 
     Health Service Act), or the Secretary of Health and Human 
     Services, if such Secretary is enforcing such provision under 
     section 2722(a)(2) or 2761(a)(2) of the Public Health Service 
     Act.
       (2) Clinical peer.--The term ``clinical peer'' means, with 
     respect to a review or appeal, a physician (allopathic or 
     osteopathic) or other health care professional who holds a 
     non-restricted license in a State and who is appropriately 
     credentialed in the same or similar specialty as typically 
     manages the medical condition, procedure, or treatment under 
     review or appeal and includes a pediatric specialist where 
     appropriate; except that only a physician may be a clinical 
     peer with respect to the review or appeal of treatment 
     rendered by a physician.
       (3) Health care provider.--The term ``health care 
     provider'' includes a physician or other health care 
     professional, as well as an institutional provider of health 
     care services.
       (4) Nonparticipating.--The term ``nonparticipating'' means, 
     with respect to a health care provider that provides health 
     care items and services to a participant, beneficiary, or 
     enrollee under group health plan or health insurance 
     coverage, a health care provider that is not a 
     participating health care provider with respect to such 
     items and services.
       (5) Participating.--The term ``participating'' means, with 
     respect to a health care provider that provides health care 
     items and services to a participant, beneficiary, or enrollee 
     under group health plan or health insurance coverage offered 
     by a health insurance issuer, a health care provider that 
     furnishes such items and services under a contract or other 
     arrangement with the plan or issuer.

     SEC. ____192. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.

       (a) Continued Applicability of State Law With Respect to 
     Health Insurance Issuers.--
       (1) In general.--Subject to paragraph (2), this subtitle 
     shall not be construed to supersede any provision of State 
     law which establishes, implements, or continues in effect any 
     standard or requirement solely relating to health insurance 
     issuers in connection with group health insurance coverage 
     except to the extent that such standard or requirement 
     prevents the application of a requirement of this subtitle.
       (2) Continued preemption with respect to group health 
     plans.--Nothing in this subtitle shall be construed to affect 
     or modify the provisions of section 514 of the Employee 
     Retirement Income Security Act of 1974 with respect to group 
     health plans.
       (b) Rules of Construction.--Except as provided in section 
     ____152, nothing in this subtitle shall be construed as 
     requiring a group health plan or health insurance coverage to 
     provide specific benefits under the terms of such plan or 
     coverage.
       (c) Definitions.--For purposes of this section:
       (1) State law.--The term ``State law'' includes all laws, 
     decisions, rules, regulations, or other State action having 
     the effect of law, of any State. A law of the United States 
     applicable only to the District of Columbia shall be treated 
     as a State law rather than a law of the United States.
       (2) State.--The term ``State'' includes a State, the 
     Northern Mariana Islands, any political subdivisions of a 
     State or such Islands, or any agency or instrumentality of 
     either.

     SEC. ____193. REGULATIONS.

       The Secretaries of Health and Human Services, Labor, and 
     the Treasury shall issue such regulations as may be necessary 
     or appropriate to carry out this subtitle. Such regulations 
     shall be issued consistent with section 104 of Health 
     Insurance Portability and Accountability Act of 1996. Such 
     Secretaries may promulgate any interim final rules as the 
     Secretaries determine are appropriate to carry out this 
     subtitle.

Subtitle B--Application of Patient Protection Standards to Group Health 
  Plans and Health Insurance Coverage under Public Health Service Act

     SEC. ____201. APPLICATION TO GROUP HEALTH PLANS AND GROUP 
                   HEALTH INSURANCE COVERAGE.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act, as amended by the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (Public Law 105-277), is amended by adding at the end 
     the following new section:

     ``SEC. 2707. PATIENT PROTECTION STANDARDS.

       ``(a) In General.--Each group health plan shall comply with 
     patient protection requirements under subtitle A of the 
     Patients' Bill of Rights Act of 1999, and each health 
     insurance issuer shall comply with patient protection 
     requirements under such subtitle with respect to group health 
     insurance coverage it offers, and such requirements shall be 
     deemed to be incorporated into this subsection.
       ``(b) Notice.--A group health plan shall comply with the 
     notice requirement under section 711(d) of the Employee 
     Retirement Income Security Act of 1974 with respect to the 
     requirements referred to in subsection (a) and a health 
     insurance issuer shall comply with such notice requirement as 
     if such section applied to such issuer and such issuer were a 
     group health plan.''.
       (b) Conforming Amendment.--Section 2721(b)(2)(A) of the 
     Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is 
     amended by inserting ``(other than section 2707)'' after 
     ``requirements of such subparts''.

     SEC. ____202. APPLICATION TO INDIVIDUAL HEALTH INSURANCE 
                   COVERAGE.

       Subpart 3 of part B of title XXVII of the Public Health 
     Service Act, as amended by the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (Public Law 
     105-277), is amended by adding at the end the following new 
     section:

     ``SEC. 2753. PATIENT PROTECTION STANDARDS.

       ``(a) In General.--Each health insurance issuer shall 
     comply with patient protection requirements under subtitle A 
     of the Patients' Bill of Rights Act of 1999 with respect to 
     individual health insurance coverage it offers, and such 
     requirements shall be deemed to be incorporated into this 
     subsection.
       ``(b) Notice.--A health insurance issuer under this part 
     shall comply with the notice

[[Page S7645]]

     requirement under section 711(d) of the Employee Retirement 
     Income Security Act of 1974 with respect to the requirements 
     of such subtitle as if such section applied to such issuer 
     and such issuer were a group health plan.''.

 Subtitle C--Amendments to the Employee Retirement Income Security Act 
                                of 1974

     SEC. ____301. APPLICATION OF PATIENT PROTECTION STANDARDS TO 
                   GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE 
                   COVERAGE UNDER THE EMPLOYEE RETIREMENT INCOME 
                   SECURITY ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974, as 
     amended by the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (Public Law 105-277), 
     is amended by adding at the end the following:

     ``SEC. 714. PATIENT PROTECTION STANDARDS.

       ``(a) In General.--Subject to subsection (b), a group 
     health plan (and a health insurance issuer offering group 
     health insurance coverage in connection with such a plan) 
     shall comply with the requirements of subtitle A of the 
     Patients' Bill of Rights Act of 1999 (as in effect as of the 
     date of the enactment of such Act), and such requirements 
     shall be deemed to be incorporated into this subsection.
       ``(b) Plan Satisfaction of Certain Requirements.--
       ``(1) Satisfaction of certain requirements through 
     insurance.--For purposes of subsection (a), insofar as a 
     group health plan provides benefits in the form of health 
     insurance coverage through a health insurance issuer, the 
     plan shall be treated as meeting the following requirements 
     of subtitle A of the Patients' Bill of Rights Act of 1999 
     with respect to such benefits and not be considered as 
     failing to meet such requirements because of a failure of the 
     issuer to meet such requirements so long as the plan sponsor 
     or its representatives did not cause such failure by the 
     issuer:
       ``(A) section ____101 (relating to access to emergency 
     care).
       ``(B) section ____102(a)(1) (relating to offering option to 
     purchase point-of-service coverage), but only insofar as the 
     plan is meeting such requirement through an agreement with 
     the issuer to offer the option to purchase point-of-service 
     coverage under such section.
       ``(C) section ____103 (relating to choice of providers).
       ``(D) section ____104 (relating to access to specialty 
     care).
       ``(E) section ____105(a)(1) (relating to continuity in case 
     of termination of provider contract) and section 
     ____105(a)(2) (relating to continuity in case of termination 
     of issuer contract), but only insofar as a replacement issuer 
     assumes the obligation for continuity of care.
       ``(F) section ____106 (relating to coverage for individuals 
     participating in approved clinical trials.)
       ``(G) section ____107 (relating to access to needed 
     prescription drugs).
       ``(H) section ____108 (relating to adequacy of provider 
     network).
       ``(I) Chapter 2 of subtitle A (relating to quality 
     assurance).
       ``(J) section ____143 (relating to additional rules 
     regarding participation of health care professionals).
       ``(K) section ____152 (relating to standards relating to 
     benefits for certain breast cancer treatment).
       ``(2) Information.--With respect to information required to 
     be provided or made available under section ____121, in the 
     case of a group health plan that provides benefits in the 
     form of health insurance coverage through a health insurance 
     issuer, the Secretary shall determine the circumstances under 
     which the plan is not required to provide or make available 
     the information (and is not liable for the issuer's failure 
     to provide or make available the information), if the issuer 
     is obligated to provide and make available (or provides and 
     makes available) such information.
       ``(3) Grievance and internal appeals.--With respect to the 
     grievance system and internal appeals process required to be 
     established under sections ____131 and ____132, in the case 
     of a group health plan that provides benefits in the form of 
     health insurance coverage through a health insurance issuer, 
     the Secretary shall determine the circumstances under which 
     the plan is not required to provide for such system and 
     process (and is not liable for the issuer's failure to 
     provide for such system and process), if the issuer is 
     obligated to provide for (and provides for) such system and 
     process.
       ``(4) External appeals.--Pursuant to rules of the 
     Secretary, insofar as a group health plan enters into a 
     contract with a qualified external appeal entity for the 
     conduct of external appeal activities in accordance with 
     section ____133, the plan shall be treated as meeting the 
     requirement of such section and is not liable for the 
     entity's failure to meet any requirements under such section.
       ``(5) Application to prohibitions.--Pursuant to rules of 
     the Secretary, if a health insurance issuer offers health 
     insurance coverage in connection with a group health plan and 
     takes an action in violation of any of the following 
     sections, the group health plan shall not be liable for such 
     violation unless the plan caused such violation:
       ``(A) section ____109 (relating to nondiscrimination in 
     delivery of services).
       ``(B) section ____141 (relating to prohibition of 
     interference with certain medical communications).
       ``(C) section ____142 (relating to prohibition against 
     transfer of indemnification or improper incentive 
     arrangements).
       ``(D) section ____144 (relating to prohibition on 
     retaliation).
       ``(E) section ____151 (relating to promoting good medical 
     practice).
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to affect or modify the responsibilities of the 
     fiduciaries of a group health plan under part 4 of subtitle 
     B.
       ``(7) Application to certain prohibitions against 
     retaliation.--With respect to compliance with the 
     requirements of section ____144(b)(1) of the Patients' Bill 
     of Rights Act of 1999, for purposes of this subtitle the term 
     `group health plan' is deemed to include a reference to an 
     institutional health care provider.
       ``(c) Enforcement of Certain Requirements.--
       ``(1) Complaints.--Any protected health care professional 
     who believes that the professional has been retaliated or 
     discriminated against in violation of section ____144(b)(1) 
     of the Patients' Bill of Rights Act of 1999 may file with the 
     Secretary a complaint within 180 days of the date of the 
     alleged retaliation or discrimination.
       ``(2) Investigation.--The Secretary shall investigate such 
     complaints and shall determine if a violation of such section 
     has occurred and, if so, shall issue an order to ensure that 
     the protected health care professional does not suffer any 
     loss of position, pay, or benefits in relation to the plan, 
     issuer, or provider involved, as a result of the violation 
     found by the Secretary.
       ``(d) Conforming Regulations.--The Secretary may issue 
     regulations to coordinate the requirements on group health 
     plans under this section with the requirements imposed under 
     the other provisions of this title.''.
       (b) Satisfaction of ERISA Claims Procedure Requirement.--
     Section 503 of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1133) is amended by inserting ``(a)'' after 
     ``Sec. 503.'' and by adding at the end the following new 
     subsection:
       ``(b) In the case of a group health plan (as defined in 
     section 733) compliance with the requirements of chapter 4 
     (and section ____115) of subtitle A of the Patients' Bill of 
     Rights Act of 1999 in the case of a claims denial shall be 
     deemed compliance with subsection (a) with respect to such 
     claims denial.''.
       (c) Conforming Amendments.--
       (1) Section 732(a) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1185(a)) is amended by 
     striking ``section 711'' and inserting ``sections 711 and 
     714''.
       (2) The table of contents in section 1 of the Employee 
     Retirement Income Security Act of 1974, as amended by the 
     Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (Public Law 105-277), is amended by 
     inserting after the item relating to section 713 the 
     following new item:

``Sec. 714. Patient protection standards.''.

       (3) Section 502(b)(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1132(b)(3)) is amended by 
     inserting ``(other than section 144(b))'' after ``part 7''.

     SEC. ____302. ERISA PREEMPTION NOT TO APPLY TO CERTAIN 
                   ACTIONS INVOLVING HEALTH INSURANCE 
                   POLICYHOLDERS.

       (a) In General.--Section 514 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1144) is amended by 
     adding at the end the following subsection:
       ``(e) Preemption Not To Apply to Certain Actions Arising 
     Out of Provision of Health Benefits.--
       ``(1) In general.--Except as provided in this subsection, 
     nothing in this title shall be construed to invalidate, 
     impair, or supersede any cause of action brought by a plan 
     participant or beneficiary (or the estate of a plan 
     participant or beneficiary) under State law to recover 
     damages resulting from personal injury or for wrongful death 
     against any person--
       ``(A) in connection with the provision of insurance, 
     administrative services, or medical services by such person 
     to or for a group health plan (as defined in section 733), or
       ``(B) that arises out of the arrangement by such person for 
     the provision of such insurance, administrative services, or 
     medical services by other persons.
       ``(2) Exception for employers and other plan sponsors.--
       ``(A) In general.--Subject to subparagraph (B), paragraph 
     (1) does not authorize--
       ``(i) any cause of action against an employer or other plan 
     sponsor maintaining the group health plan or against an 
     employee of such an employer or sponsor acting within the 
     scope of employment, or
       ``(ii) a right of recovery or indemnity by a person against 
     an employer or other plan sponsor (or such an employee) for 
     damages assessed against the person pursuant to a cause of 
     action under paragraph (1).
       ``(B) Special rule.--Subparagraph (A) shall not preclude 
     any cause of action described in paragraph (1) against an 
     employer or other plan sponsor (or against an employee of 
     such an employer or sponsor acting within the scope of 
     employment) if--
       ``(i) such action is based on the employer's or other plan 
     sponsor's (or employee's) exercise of discretionary authority 
     to make a decision on a claim for benefits covered under the 
     plan or health insurance coverage in the case at issue; and

[[Page S7646]]

       ``(ii) the exercise by such employer or other plan sponsor 
     (or employee of such authority) resulted in personal injury 
     or wrongful death.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed as permitting a cause of action under State law for 
     the failure to provide an item or service which is not 
     covered under the group health plan involved.
       ``(4) Personal injury defined.--For purposes of this 
     subsection, the term `personal injury' means a physical 
     injury and includes an injury arising out of the treatment 
     (or failure to treat) a mental illness or disease.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to acts and omissions occurring on or after the 
     date of the enactment of this Act from which a cause of 
     action arises.

   Subtitle D--Application to Group Health Plans under the Internal 
                          Revenue Code of 1986

     SEC. ____401. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 
                   1986.

       Subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 (as amended by section 1531(a) of the Taxpayer Relief 
     Act of 1997) is amended--
       (1) in the table of sections, by inserting after the item 
     relating to section 9812 the following new item:

``Sec. 9813. Standard relating to patient freedom of choice.''; and

       (2) by inserting after section 9812 the following:

     ``SEC. 9813. STANDARD RELATING TO PATIENTS' BILL OF RIGHTS.

       ``A group health plan shall comply with the requirements of 
     subtitle A of the Patients' Bill of Rights Act of 1999 (as in 
     effect as of the date of the enactment of such Act), and such 
     requirements shall be deemed to be incorporated into this 
     section.''.

Subtitle E--Effective Dates; Coordination in Implementation; Limitation

     SEC. ____501. EFFECTIVE DATES AND RELATED RULES.

       (a) Group Health Coverage.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by sections ____201(a), ____301, and ____401 (and 
     subtitle A insofar as it relates to such sections) shall 
     apply with respect to group health plans, and health 
     insurance coverage offered in connection with group health 
     plans, for plan years beginning on or after January 1, 2000 
     (in this section referred to as the ``general effective 
     date'').
       (2) Treatment of collective bargaining agreements.--In the 
     case of a group health plan maintained pursuant to 1 or more 
     collective bargaining agreements between employee 
     representatives and 1 or more employers ratified before the 
     date of enactment of this Act, the amendments made by 
     sections ____201(a), ____301, and ____401 (and subtitle A 
     insofar as it relates to such sections) shall not apply to 
     plan years beginning before the later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of enactment of this Act), or
       (B) the general effective date.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this title shall not be treated as a 
     termination of such collective bargaining agreement.
       (b) Individual Health Insurance Coverage.--The amendments 
     made by section ____202 shall apply with respect to 
     individual health insurance coverage offered, sold, issued, 
     renewed, in effect, or operated in the individual market on 
     or after the general effective date.
       (c) Treatment of Religious Nonmedical Providers.--
       (1) In general.--Nothing in this title (or the amendments 
     made thereby) shall be construed to--
       (A) restrict or limit the right of group health plans, and 
     of health insurance issuers offering health insurance 
     coverage, to include as providers religious nonmedical 
     providers;
       (B) require such plans or issuers to--
       (i) utilize medically based eligibility standards or 
     criteria in deciding provider status of religious nonmedical 
     providers;
       (ii) use medical professionals or criteria to decide 
     patient access to religious nonmedical providers;
       (iii) utilize medical professionals or criteria in making 
     decisions in internal or external appeals regarding coverage 
     for care by religious nonmedical providers; or
       (iv) compel a participant or beneficiary to undergo a 
     medical examination or test as a condition of receiving 
     health insurance coverage for treatment by a religious 
     nonmedical provider; or
       (C) require such plans or issuers to exclude religious 
     nonmedical providers because they do not provide medical or 
     other required data, if such data is inconsistent with the 
     religious nonmedical treatment or nursing care provided by 
     the provider.
       (2) Religious nonmedical provider.--For purposes of this 
     subsection, the term ``religious nonmedical provider'' means 
     a provider who provides no medical care but who provides only 
     religious nonmedical treatment or religious nonmedical 
     nursing care.

     SEC. ____502. COORDINATION IN IMPLEMENTATION.

       Section 104(1) of Health Insurance Portability and 
     Accountability Act of 1996 is amended by striking ``this 
     subtitle (and the amendments made by this subtitle and 
     section 401)'' and inserting ``the provisions of part 7 of 
     subtitle B of title I of the Employee Retirement Income 
     Security Act of 1974, the provisions of parts A and C of 
     title XXVII of the Public Health Service Act, chapter 100 of 
     the Internal Revenue Code of 1986, and subtitle A of the 
     Patients' Bill of Rights Act of 1999''.

     SEC. ____503. LIMITATION.

       Notwithstanding any other provision of law, the provisions 
     of section 321 of this Act shall not apply and shall be 
     considered null and void.
                                  ____


                           Amendment No. 1035

       On page 80, strike lines 1 through 11 and insert the 
     following:
       Sec. 321. Section 701 of title 49, United States Code, is 
     amended to read as follows:

     ``Sec. 701. Establishment of Board

       ``(a) Establishment.--There is established within the 
     Department of Transportation the Surface Transportation Board 
     referred to in this section as the `Board'.
       ``(b) Membership.--
       ``(1) In general.--The Board shall consist of 11 members, 
     to be appointed by the President, by and with the advice and 
     consent of the Senate. Not more than 6 members may be 
     appointed from the same political party.
       ``(2) Qualifications of members.--At any given time, at 
     least 8 members of the Board shall be individuals with 
     professional standing and demonstrated knowledge in the 
     fields of transportation or transportation regulation, and at 
     least 3 members shall be individuals with professional or 
     business experience (including agriculture) in the private 
     sector. The members of the Board shall be representative of 
     the major rail-dependent regions of the United States.
       ``(3) Terms.--
       ``(A) In general.--The term of each member of the Board 
     shall--
       ``(i) be 5 years; and
       ``(ii) begin when the term of the predecessor of that 
     member ends.
       ``(B) Vacancies.--An individual appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     predecessor of that individual was appointed, shall be 
     appointed for the remainder of that term. When the term of 
     office of a member ends, the member may continue to serve 
     until a successor is appointed and qualified, but for a 
     period not to exceed 1 year.
       ``(C) Removal.--The President may remove a member for 
     inefficiency, neglect of duty, or malfeasance in office.
       ``(4) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no individual may serve as a member of the Board for more 
     than 2 terms.
       ``(B) Exceptions.--Any individual who, as of the date of 
     enactment of the Department of Transportation and Related 
     Agencies Appropriations Act, 2000, is serving as a member of 
     the Board for the remainder of a term for which that member 
     was originally appointed to the Interstate Commerce 
     Commission or is appointed to fill a vacancy occurring before 
     the expiration of the term for which the predecessor of that 
     individual was appointed, may not be appointed for more than 
     1 additional term.
       ``(5) Prohibition.--A member of the Board may not have a 
     pecuniary interest in, hold an official relation to, or own 
     stock in or bonds of, a carrier providing transportation by 
     any mode and may not engage in another business, vocation, or 
     employment.
       ``(6) Administration.--A vacancy in the membership of the 
     Board does not impair the right of the remaining members to 
     exercise all of the powers of the Board. The Board may 
     designate a member to act as Chairman during any period in 
     which there is no Chairman designated by the President.
       ``(c) Chairman.--
       ``(1) In general.--There shall be at the head of the Board 
     a Chairman, who shall be designated by the President from 
     among the members of the Board. The Chairman shall receive 
     compensation at the rate prescribed for level III of the 
     Executive Schedule under section 5314 of title 5.
       ``(2) Responsibilities of chairman.--Subject to the general 
     policies, decisions, findings, and determinations of the 
     Board, the Chairman shall be responsible for administering 
     the Board. The Chairman may delegate the powers granted under 
     this paragraph to an officer, employee, or office of the 
     Board. The Chairman shall--
       ``(A) appoint and supervise, other than regular and full-
     time employees in the immediate offices of another member, 
     the officers and employees of the Board, including attorneys 
     to provide legal aid and service to the Board and its 
     members, and to represent the Board in any case in court;
       ``(B) appoint the heads of offices with the approval of the 
     Board;
       ``(C) distribute Board business among officers, employees, 
     and offices of the Board;
       ``(D) prepare requests for appropriations for the Board and 
     submit those requests to the President and Congress with the 
     prior approval of the Board; and
       ``(E) supervise the expenditure of funds allocated by the 
     Board for major programs and purposes.''.
                                  ____


                           Amendment No. 1036

       On page 80, strike lines 1 through 11 and insert the 
     following:

[[Page S7647]]

     SEC. 321. AIRLINE COMPETITION.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102(2) of title 49, United 
     States Code.
       (2) Aircraft.--The term ``aircraft'' has the meaning given 
     that term in section 40102(6) of title 49, United States 
     Code.
       (3) Airport.--The term ``airport'' has the meaning given 
     that term in section 40102(9) of title 49, United States 
     Code.
       (4) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Preference for Low-Competition Airports.--
       (1) Definitions.--Section 41714(h) of title 49, United 
     States Code, is amended--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Large hub airport.--The term `large hub airport' 
     means an airport described in section 47134(d)(2).
       ``(4) Low-competition airport.--The term `low-competition 
     airport' means an airport that--
       ``(A) is not a large hub airport; and
       ``(B) the Secretary determines has substantially--
       ``(i) less service than the average service at airports in 
     the United States; or
       ``(ii) higher airfares than average airfares for airports 
     in the United States.''.
       (2) Preference.--Section 41714(c)(1) of title 49, United 
     States Code, is amended by adding at the end the following: 
     ``In granting exemptions under this paragraph, the Secretary 
     shall give preference to air transportation provided to low-
     competition airports that are located within a 500-mile 
     radius of a high density airport.''.
       (c) Unfair Competition.--
       (1) Guidelines.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Attorney General, shall issue regulations that define 
     predatory practices and unfair methods of competition of air 
     carriers for the purposes of applying this subsection to 
     complaints of predatory practices or unfair methods of 
     competition filed under section 41712 of title 49, United 
     States Code, or any other applicable provision of law.
       (2) Determinations regarding actions filed.--
       (A) Actions filed before the date of enactment of this 
     act.--Not later than 9 months after the date of enactment of 
     this Act, the Secretary shall complete action on any 
     complaint alleging a predatory practice or unfair method of 
     competition by an air carrier that was filed with the 
     Secretary under section 41712 of title 49, United States 
     Code, or any other applicable provision of law before the 
     date of enactment of this Act.
       (B) Actions filed on or after the date of enactment of this 
     act.--
       (i) In general.--Not later than 90 days after a complaint 
     alleging a predatory practice or unfair method of competition 
     by an air carrier is filed with the Secretary under section 
     41712 of title 49, United States Code, or any other 
     applicable provision of law, the Secretary shall make an 
     initial finding concerning whether the practice that is the 
     subject of the complaint constitutes a predatory practice or 
     unfair method of competition.
       (ii) Applicability.--Clause (i) shall apply to a complaint 
     filed with the Secretary on or after the date of enactment of 
     this Act.
       (3) Restraining Orders.--
       (A) In general.--In a manner consistent with section 41712 
     of title 49, United States Code, or any other applicable 
     provision of law, the Secretary shall enjoin, pending final 
     determination, any action of an air carrier that the 
     Secretary finds to be a predatory practice or unfair method 
     of competition under paragraph (2).
       (B) Period for taking action.--The Secretary shall carry 
     out the requirements of subparagraph (A) not later than 15 
     days after an initial finding is made with respect to a 
     complaint under paragraph (2) (or if the initial finding is 
     made before the date of enactment of this Act, not later than 
     15 days after the date of enactment of this Act).
       (d) Limits on Competition in Aviation Industry.--Not later 
     than 1 year after the date of enactment of this Act, and 
     annually thereafter, the Secretary shall transmit to Congress 
     a report concerning barriers to entry, predatory practices 
     (including pricing), and other limits on competition in the 
     aviation industry.
       (e) Provisions To Prevent Increased Aircraft Noise.--
       (1) Secretarial authority under this section.--Nothing in 
     this section or the amendments made by this section shall 
     authorize the Secretary to take any action that would 
     increase aircraft noise in any community in the vicinity of 
     an airport.
       (2) Stage 4 noise levels.--
       (A) Proposed regulations.--Section 47523 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Stage 4 Noise Levels.--
       ``(1) Proposed regulations.--Not later than 1 year after 
     the date of enactment of the Department of Transportation and 
     Related Agencies Appropriations Act, 2000, the Secretary 
     shall issue proposed regulations that--
       ``(A) establish, in a manner consistent with this chapter, 
     stage 4 noise levels applicable to aircraft designated by the 
     Secretary as stage 4 aircraft; and
       ``(B) provide for the implementation of the stage 4 noise 
     level requirements by the date that is 36 months after the 
     date of issuance of the proposed regulations.
       ``(2) Criteria for noise levels.--The stage 4 noise levels 
     established under this subsection shall--
       ``(A) provide for a significant reduction in the level of 
     noise generated by aircraft; and
       ``(B) be consistent with the noise levels attainable 
     through the use of the most effective noise control 
     technology available for stage 3 aircraft (as that term is 
     used under section 47524(c)), as of January 1, 1999.''.
       (2) Legislative proposals.--At the same time as the 
     Secretary issues proposed regulations under section 47523(c) 
     of title 49, United States Code, as added by paragraph (1) of 
     this subsection, the Secretary shall submit to Congress such 
     proposed legislation (including amendments to chapter 475 of 
     title 49, United States Code) as is necessary to ensure the 
     implementation of stage 4 noise levels (as that term is used 
     in such section 47523(c)).
       (f) Clarification of legal standing.--Section 41713(b) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(5) Actions not barred.--This subsection shall not bar 
     any cause of action brought against an air carrier by 1 or 
     more private parties seeking to enforce any right under the 
     common law of any State or under any State statute, other 
     than a statute purporting to directly prescribe fares, 
     routes, or levels of air transportation service.''.

                          ____________________