[House Report 104-252]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-252
_______________________________________________________________________



                   PROVIDING FOR THE CONSIDERATION OF
 
         H.R. 2274, TO DESIGNATE THE NATIONAL HIGHWAY SYSTEM

                                _______


 September 19, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


   Mr. Quillen, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 224]

    The Committee on Rules, having had under consideration 
House Resolution 224, by a voice vote, report the same to the 
House with the recommendation that the resolution be adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2274, 
to ``Designate the National Highway System'' under an open 
rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Transportation and Infrastructure.
    The rule waives section 302(f) (prohibiting consideration 
of legislation providing new budget authority in excess of 
committee's allocation) of the Congressional Budget Act of 1974 
against the consideration of the bill.
    The rule makes in order an amendment in the nature of a 
substitute as an original bill for purpose of amendment 
consisting of the text of H.R. 2349. The substitute shall be 
considered by title rather than by section, and the first two 
sections and each title shall be considered as read.
    The rule waives section 302(f) of the Congressional Budget 
Act, clause 5(a) of rule XXI (prohibiting appropriations in a 
legislative bill), and clause 1(q)(10) of rule X (prohibiting 
inclusion in a general roads bill provisions addressing 
specific roads) against the amendment in the nature of a 
substitute.
    The rule also provides for the consideration of the 
(manager's) amendment printed in the Rules Committee report, 
which is considered as read, not subject to amendment or to a 
division of the question, and is debatable for 10 minutes 
equally divided between the proponent and an opponent. All 
points of order against the amendment are waived. If adopted, 
the amendment is considered as part of the base text for 
further amendment purposes.
    Members who have preprinted their amendments in the Record 
prior to their consideration will be given priority in 
recognition to offer their amendments if otherwise consistent 
with House rules. Finally, the rule provides for one motion to 
recommit, with or without instructions.

        provisions of bill requiring waivers of points of order

    (Provided by the Committee on Transportation and Infrastructure)

    The Parliamentarian advises that we need the following 
waivers of points of order for the bill (H.R. 2274) and the 
substitute text (H.R. 2349). In addition, points 2 and 3 below 
would need waivers for the en bloc amendment:
    (1) Section 302(f) of the Budget Act: CBO reported that the 
Committee-reported bill has $39 million in excess budget 
authority. This is corrected in the en bloc amendment (the 
amendment to page 11, line 18).
    (2) Rule XXI, clause 5(a): The bill in a number of places 
changes the purposes for which funds already available for 
particular projects and programs may be used. The Committee 
believes that all of these changes are of contract authority 
over which the Transportation Committee has jurisdiction, not 
of appropriated funds. However, the Parliamentarian believes 
that we should have the waiver as a safeguard.
    (3) Rule X, clause 1(q)(10): This rule states that ``it 
shall not be in order for any bill providing general 
legislation in relation to roads to contain any provision for 
any specific road''. The bill does contain a number of 
provisions relating to specific roads and so this waiver is 
needed.

The Amendment To Be Offered By Representative Shuster of Pennsylvania, 
                or a Designee, Debatable for 10 Minutes

  Page 11, line 18, strike ``$360,420,595'' and insert 
``$321,420,595''.
  Page 15, strike lines 12 through 14 and insert the following:
                  (B) by striking ``1996, and 1997'' and 
                inserting ``and 1996, and $146,000,000 for 
                fiscal year 1997''.
  Page 25, line 5, strike ``any'' and all that follows through 
``limitation so that'' on line 8 and insert the following:

section 5336(d) of title 49, United States Code, the Secretary 
shall distribute the limitation on operating assistance under 
such section--
          (1) so that
  Page 25, line 12, strike ``fiscal year 1996'' and insert 
``each of fiscal years 1996 and 1997''.
  Page 25, line 14, by striking the period and inserting ``; 
and''.
  Page 25, after line 14, insert the following:
          (2) so that an urbanized area that had a population 
        under the 1980 decennial census of the United States of 
        more than 1,000,000 and has a population under the 1990 
        decennial census of less than 1,000,000, will receive 
        under the distribution of such limitation for each of 
        fiscal years 1996 and 1997, 90 percent of the amount of 
        funds apportioned in fiscal year 1982 under sections 
        5(a)(1)(A), 5(a)(2)(A), and 5(a)(3)(A) of the Urban 
        Mass Transportation Act of 1964 to such area.
  Page 35, line 8, strike ``shall be'' and insert ``shall not 
be less than''.
  Page 36, after line 9, insert the following:
  (t) Suspended Light Rail System Technology Pilot Project.--
Section 5320 of title 49, United States Code, is amended--
          (1) in subsection (h)(1)(A) by striking ``for the 
        fiscal year ending September 30, 1992,'';
          (2) in subsection (h)(1)(B) by striking ``for the 
        fiscal year ending September 30, 1993,'';
          (3) in subsection (h)(1)(C) by striking ``for the 
        fiscal year ending September 30, 1994,''; and
          (4) by adding at the end the following new 
        subsection:
  ``(l) Deadline.--
          ``(1) Completion of competition.--Notwithstanding any 
        other provision of this section, not later than 60 days 
        after the date of the enactment of this subsection, the 
        Secretary shall complete the national competition 
        initiated under subsection (c) by selecting the public 
        entity referred to in subsection (c)(3).
          ``(2) Thereafter.--Following selection of the public 
        entity in accordance with paragraph (1)--
                  ``(A) the Secretary shall make to such public 
                entity the payments under subsections (h)(1)(B) 
                and (h)(1)(C); except that such payments shall 
                be made in the form of grants under section 
                5312(a); and
                  ``(B) the Secretary, upon completion of 
                preliminary engineering and design, shall 
                negotiate and enter into a full financing grant 
                agreement with such public entity under 
                subsection (e), consistent with section 
                5309(g).''.
  Page 36, line 10, strike ``(t)'' and insert ``(u)''.
  Page 51, line 1, after ``Secretary'' insert ``, in 
consultation with the Federal Communications Commission and the 
National Telecommunications and Information Administration,''.
  Page 69, line 18, before ``Arkansas'' insert 
``Mississippi,''.
  Page 69, line 25, strike ``(20)'' and insert ``(18)''.
  Page 71, line 17, strike the closing quotation marks and the 
final period.
  Page 71, after line 17, insert the following:
          ``(27) The Camino Real Corridor from El Paso, Texas, 
        to Denver, Colorado, as follows:
                  ``(A) In the State of Texas, the Camino Real 
                Corridor shall generally follow--
                          ``(i) arterials from the 
                        international ports of entry to I-10 in 
                        El Paso County; and
                          ``(ii) I-10 from El Paso County to 
                        the New Mexico border.
                  ``(B) In the State of New Mexico, the Camino 
                Real Corridor shall generally follow--
                          ``(i) I-10 from the Texas Border to 
                        Las Cruces; and
                          ``(ii) I-25 from Las Cruces to the 
                        Colorado Border.
                  ``(C) In the State of Colorado, the Camino 
                Real Corridor shall generally follow I-25 from 
                the New Mexico Border to Denver.''.
  Page 82, line 3, strike ``and''.
  Page 82, line 15, strike the period and insert ``; and''.
  Page 82, after line 15, insert the following:
          (3) in item 33, relating to Orange County, New York, 
        strike ``Stuart Airport Interchange Project'' and 
        insert ``Stewart Airport interchange projects''.
  Page 86, line 20, before the period insert ``, including the 
structure over the Delaware River''.
  Page 93, line 17, strike ``50'' and insert ``100''.
  Page 94, after line 13, insert the following:
          (4) Drivers of utility service vehicles.--Such 
        regulations shall, in the case of a driver of a utility 
        service vehicle, permit any period of 8 consecutive 
        days to end with the beginning of an off-duty period of 
        24 or more consecutive hours for the purposes of 
        determining maximum driving and on-duty time.
  Page 94, line 14, strike ``(4)'' and insert ``(5)''.
  Page 96, after line 24, insert the following:
          (6) Utility service vehicle.--The term ``utility 
        service vehicle'' means any motor vehicle, regardless 
        of gross weight--
                  (A) used on highways in interstate or 
                intrastate commerce in the furtherance of 
                building, repairing, expanding, improving, 
                maintaining, or operating any structures, 
                facilities, excavations, poles, lines, or any 
                other physical feature necessary for the 
                delivery of public utility services, including 
                the furnishing of electric, water, sanitary 
                sewer, telephone, and television cable or 
                community antenna service;
                  (B) while engaged in any activity necessarily 
                related to the ultimate delivery of such public 
                utility services to consumers, including travel 
                or movement to, from, upon, or between activity 
                sites (including occasional travel or movement 
                outside the service area necessitated by any 
                utility emergency as determined by the utility 
                provider); and
                  (C) except for any occasional emergency use, 
                operated primarily within the service area of a 
                utility's subscribers or consumers, without 
                regard to whether the vehicle is owned, leased, 
                or rented or otherwise contracted for by the 
                utility.

  Page 97, line 2, strike ``erected under'' and insert 
``referred to in''.

  Page 97, after line 12, insert the following:

SEC. 354. MOTOR CARRIER SAFETY PROGRAM.

  Section 31136(e) of title 49, United States Code, is 
amended--
          (1) by inserting ``(1) In general.--'' before ``After 
        notice'';
          (2) by indenting paragraph (1), as designated by 
        paragraph (1) of this section, and moving paragraph 
        (1), as so redesignated, 2 ems to the right; and
          (3) by adding the following at the end:
          ``(2) Motor carrier safety program.--
                  ``(A) In general.--The Secretary, within 180 
                days of the application of an operator of motor 
                vehicles with a gross vehicle weight rating of 
                at least 10,001 pounds but not more than 26,000 
                pounds, shall exempt some or all of such 
                vehicles and drivers of such vehicles from some 
                or all of the regulations prescribed under this 
                section and sections 504 and 31502 of this 
                title if the Secretary finds such applicant--
                          ``(i) has a current satisfactory 
                        safety fitness rating issued by the 
                        Secretary; and
                          ``(ii) will implement a program of 
                        safety management controls designed to 
                        achieve a level of operational safety 
                        equal to or greater than that resulting 
                        from compliance with the regulations 
                        prescribed under this section.
                The Secretary shall modify the exemption if 
                there is a material change in the regulations 
                prescribed under such sections. In granting 
                such exemptions, the Secretary shall ensure 
                that approved participants in the motor carrier 
                safety program are subject to a minimum of 
                paperwork and regulatory burdens.
                  ``(B) Monitoring; exemption period.--The 
                Secretary and participants in the program 
                established by this paragraph shall 
                periodically monitor the safety of vehicles and 
                drivers exempted from regulations under the 
                program. An exemption approved under 
                subparagraph (A) shall remain in effect until 
                such time as the Secretary finds--
                          ``(i) that the operator has exceeded 
                        the average ratio of preventable 
                        accidents to vehicle miles travelled 
                        for a period of 12 months for the class 
                        of vehicles with a gross vehicle weight 
                        of at least 10,001 pounds but not more 
                        than 26,000 pounds; or
                          ``(ii) that such operator's exemption 
                        is not in the public interest and would 
                        result in a significant adverse impact 
                        on the safety of commercial motor 
                        vehicles.
                  ``(C) Factors.--In approving applications 
                under the program established by this 
                paragraph, the Secretary shall--
                          ``(i) ensure that applicants in the 
                        program represent a broad cross-section 
                        of fleet size and operators of vehicles 
                        between 10,000 and 26,000 pounds; and
                          ``(ii) to the extent feasible, ensure 
                        participation by as many qualified 
                        applicants as possible.
                  ``(D) Limitation.--The Secretary shall not 
                grant the exemptions set forth in subparagraph 
                (A) to vehicles--
                          ``(i) designed to transport more than 
                        15 passengers; including the driver; or
                          ``(ii) used in transporting material 
                        found by the Secretary to be hazardous 
                        under section 5103 of this title and 
                        transported in a quantity requiring 
                        placarding under regulations prescribed 
                        by the Secretary under such section 
                        5103.
                  ``(E) Emergencies.--The Secretary may revoke 
                or modify the participation of an operator in 
                the program established by this section in the 
                case of an emergency.
          ``(3) Review of regulations.--The Secretary shall 
        conduct a zero-based review of the need and the costs 
        and benefits of all regulations issued under this 
        section and sections 504 and 31502 of this title to 
        determine whether such regulations should apply to 
        vehicles weighing between 10,000 and 26,000 pounds. The 
        review shall focus on the appropriate level of safety 
        and the paperwork and regulatory burdens of such 
        regulations as they apply to operators of vehicles 
        weighing between 10,000 and 26,000 pounds. The 
        Secretary shall complete the review within 18 months 
        after the date of the enactment of this paragraph. Upon 
        completion of the review, the Secretary shall grant 
        such exemptions or modify or repeal existing 
        regulations to the extent appropriate.''.

  Conform the table of contents of the bill accordingly.

                                
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