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                        TITLE VII--MISCELLANEOUS  
  
          Subtitle A-- <<NOTE: National Highway Traffic Saftey   
  Administration Reauthorization Act of 1998.>> Automobile Safety and   
Information  
  
SEC. 7101. SHORT TITLE. <<NOTE: 49 USC 30101 note.>>   
  
    This subtitle may be cited as the ``National Highway Traffic Safety   
Administration Reauthorization Act of 1998''.  
  
SEC. 7102. AUTHORIZATION OF APPROPRIATIONS.  
  
    (a) Motor Vehicle Safety Activities.--Section 30104 of title 49,   
United States Code, is amended to read as follows:  
  
``Sec. 30104. Authorization of appropriations  
  
    ``There is authorized to be appropriated to the Secretary   
$81,200,000 for the National Highway Traffic Safety Administration to   
carry out this part in each fiscal year beginning in fiscal year 1999   
and ending in fiscal year 2001.''.  
    (b) Motor Vehicle Information Activities.--Section 32102 of title   
49, United States Code, is amended to read as follows:  
  
``Sec. 32102. Authorization of appropriations  
  
    ``There is authorized to be appropriated to the Secretary $6,200,000   
for the National Highway Traffic Safety Administration to carry out this   
part in each fiscal year beginning in fiscal year 1999 and ending in   
fiscal year 2001.''.  
  
SEC. 7103. IMPROVING AIR BAG SAFETY. <<NOTE: 49 USC 30127 note.>>  

  
    (a) Rulemaking To Improve Air Bags.--  
            (1) Notice of proposed rulemaking.--Not later than September   
        1, 1998, the Secretary of Transportation shall issue a notice of   
        proposed rulemaking to improve occupant protection for occupants   
        of different sizes, belted and unbelted, under Federal Motor   
        Vehicle Safety Standard No. 208, while minimizing the risk to   
        infants, children, and other occupants from injuries and deaths   
        caused by air bags, by means that include advanced air bags.  
            (2) Final rule.--Notwithstanding any other provision of law,   
        the Secretary shall complete the rulemaking required by this   
        subsection by issuing, not later than September 1, 1999, a final   
        rule with any provision the Secretary deems appropriate,   
        consistent with paragraph (1) and the requirements of section   
        30111, title 49, United States Code. If the Secretary determines   
        that the final rule cannot be completed by that date to meet the   
        purposes of paragraph (1), the Secretary may extend the date for   
        issuing the final rule to not later than March 1, 2000.  
            (3) Effective date.--The final rule issued under this   
        subsection shall become effective in phases as rapidly as   
        practicable, beginning not earlier than September 1, 2002, and   
        no sooner than 30 months after the date of the issuance of the   
        final rule, but not later than September 1, 2003. The final rule   
        shall become fully effective for all vehicles identified in   
        section 30127(b), title 49, United States Code, that are   
        manufactured on and after September 1, 2005. Should the phase-in   
        of the final rule required by this paragraph commence on   
        September 1, 2003, then in that event, and only in that event,   
        the Secretary is authorized to make the final rule fully   
        effective on September 1, 2006, for all vehicles that are   
        manufactured on and after that date.  
            (4) Coordination of effective dates.--The requirements of   
        S13 of Standard No. 208 shall remain in effect unless and until   
        changed by the rule required by this subsection.  
            (5) Credit for early compliance.--To encourage early   
        compliance, the Secretary is directed to include in the notice   
        of proposed rulemaking required by paragraph (1) means by which   
        manufacturers may earn credits for future compliance. Credits,   
        on a one-vehicle for one-vehicle basis, may be earned for   
        vehicles certified as being in full compliance under section   
        30115 of title 49, United States Code, with the rule required by   
        paragraph (2) which are either--  
                    (A) so certified in advance of the phase-in period;   
                or  
                    (B) in excess of the percentage requirements during   
                the phase-in period.  
  
    (b) Advisory Committees.--Any government advisory committee, task   
force, or other entity involving air bags shall include representatives   
of consumer and safety organizations, insurers, manufacturers, and   
suppliers.  
  
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.  
  
    (a) Amendment.--Subchapter I of chapter 301 of title 49, United   
States Code, is amended by adding at the end the following:  
  
``Sec. 30105. Restriction on lobbying activities  
  
    ``(a) In General.--No funds appropriated to the Secretary shall be   
available for any activity specifically designed to urge a State  
or local legislator to favor or oppose the adoption of any specific   
legislative proposal pending before any State or local legislative body.  
    ``(b) Appearance as Witness Not Barred.--Subsection (a) does not   
prohibit officers or employees of the United States from testifying   
before any State or local legislative body in response to the invitation   
of any member of that legislative body or a State executive office.''.  
    (b) Clerical Amendment.--The table of contents in subchapter I of   
chapter 301 of title 49, United States Code, is amended by adding at the   
end the following:  
  
``30105.  Restriction on lobbying activities.''.  
  
SEC. 7105. ODOMETERS.  
  
    (a) Transfers of New Motor Vehicles.--Section 32705(a) of title 49,   
United States Code, is amended by adding at the end the following:  
    ``(4)(A) This subsection shall apply to all transfers of motor   
vehicles (unless otherwise exempted by the Secretary by regulation),   
except in the case of transfers of new motor vehicles from a vehicle   
manufacturer jointly to a dealer and a person engaged in the business of   
renting or leasing vehicles for a period of 30 days or less.  
    ``(B) For purposes of subparagraph (A), the term `new motor vehicle'   
means any motor vehicle driven with no more than the limited use   
necessary in moving, transporting, or road testing such vehicle prior to   
delivery from the vehicle manufacturer to a dealer, but in no event   
shall the odometer reading of such vehicle exceed 300 miles.''.  
    (b) Exempted Vehicles.--Section 32705(a) of title 49, United States   
Code, as amended by subsection (a), is amended by adding at the end the   
following new paragraph:  
    ``(5) The Secretary may exempt such classes or categories of   
vehicles as the Secretary deems appropriate from these requirements.   
Until such time as the Secretary amends or modifies the regulations set   
forth in 49 CFR 580.6, such regulations shall have full force and   
effect.''.  
  
SEC. 7106. MISCELLANEOUS AMENDMENTS.  
  
    (a) Remedies for Defects and Noncompliance.--Section 30120(i)(1) of   
title 49, United States Code, is amended by inserting ``(including   
retailers of motor vehicle equipment)'' after ``dealer'' the first time   
it appears.  
    (b) Tires.--Section 30123 of title 49, United States Code, is   
amended by striking subsections (a), (b), and (c) and by redesignating   
subsections (d), (e), and (f), as subsections (a), (b), and (c),   
respectively.  
    (c) Automatic Occupant Crash Protection and Seat Belt Use.--Section   
30127(g)(1) of title 49, United States Code, is amended by striking   
``every 6 months'' and inserting ``annually''.  
    (d) Miscellaneous.--  
            (1) Definitions.--  
                    (A) Country of origin.--Section 32304(a)(3)(B) of   
                title 49, United States Code, is amended by inserting   
                before the period the following: ``, plus the assembly   
                and labor costs incurred for the final assembly of such   
                engines and transmissions''.  
                    (B) Final assembly place.--Section 32304(a)(5) of   
                title 49, United States Code, is amended by adding at   
                the end the following: ``Such term does not include   
                facilities for engine and transmission fabrication and   
                assembly and the facilities for fabrication of motor   
                vehicle equipment component parts which are produced at   
                the same final assembly place using forming processes   
                such as stamping, machining, or molding processes.''.  
                    (C) Outside supplier content reporting.--Section   
                32304(a)(9)(A) of title 49, United States Code, is   
                amended to read as follows:  
                    ``(A) for an outside supplier--  
                          ``(i) the full purchase price of passenger   
                      motor vehicle equipment whose purchase price   
                      contains at least 70 percent value added in the   
                      United States and Canada; or  
                          ``(ii) that portion of the purchase price of   
                      passenger motor vehicle equipment containing less   
                      than 70 percent value added in the United States   
                      and Canada that is attributable to the percent   
                      value added in the United States and Canada when   
                      such percent is expressed to the nearest 5   
                      percent; and''.  
            (2) Country of assembly.--Section 32304(d) of title 49,   
        United States Code, is amended by adding at the end the   
        following: ``A manufacturer may add to the label required under   
        subsection (b) a line stating the country in which vehicle   
        assembly was completed.''.  
            (3) Vehicle content percentage by assembly plant.--Section   
        32304 of title 49, United States Code, is amended by   
        redesignating subsections (c) through (f) as subsections (f)   
        through (i), respectively, and by adding after subsection (b)   
        the following:  
  
    ``(c) Vehicle Content Percentage by Assembly Plant.--A manufacturer   
may display separately on the label required by subsection (b) the   
domestic content of a vehicle based on the assembly plant. Such display   
shall occur after the matter required to be in the label by subsection   
(b)(1)(A).''.  
            (4) Suppliers failing to report.--Section 32304 of title 49,   
        United States Code, is amended by adding after subsection (c),   
        as added by paragraph (3), the following:  
  
    ``(d) Value Added Determination.--If a manufacturer or allied   
supplier requests information in a timely manner from one or more of its   
outside suppliers concerning the United States /Canadian content of   
particular equipment, but does not receive that information despite a   
good faith effort to obtain it, the manufacturer or allied supplier may   
make its own good faith value added determinations, subject to the   
following:  
            ``(1) The manufacturer or allied supplier shall make the   
        same value added determinations as would be made by the outside   
        supplier, that is, whether 70 percent or more of the value of   
        equipment is added in the United States and /or Canada.  
            ``(2) The manufacturer or allied supplier shall consider the   
        amount of value added and the location in which the value was   
        added for all of the stages that the outside supplier would be   
        required to consider.  
            ``(3) The manufacturer or allied supplier may determine that   
        the value added in the United States and /or Canada is 70   
        percent or more only if it has a good faith basis to make that   
        determination.  
            ``(4) A manufacturer and its allied suppliers may, on a   
        combined basis, make value added determinations for no more than   
        10 percent, by value, of a carline's total parts content from   
        outside suppliers.  
            ``(5) Value added determinations made by a manufacturer or   
        allied supplier under this paragraph shall have the same effect   
        as if they were made by the outside supplier.  
            ``(6) This provision does not affect the obligation of   
        outside suppliers to provide the requested information.''.  
            (5) Accounting for the value of small parts.--Section 32304   
        of title 49, United States Code, is amended by adding after   
        subsection (d), as added by paragraph (4), the following:  
  
    ``(e) Small Parts.--The country of origin of nuts, bolts, clips,   
screws, pins, braces, gasoline, oil, blackout, phosphate rinse,   
windshield washer fluid, fasteners, tire assembly fluid, rivets,   
adhesives, and grommets, of any system, subassembly, or component   
installed in a vehicle shall be considered to be the country in which   
such parts were included in the final assembly of such vehicle.''.  
    (e) <<NOTE: 49 USC 30101 note.>>  Study.--The National Highway   
Traffic Safety Administration shall conduct a study of the benefits to   
motor vehicle drivers of a regulation to require the installation in a   
motor vehicle of an interior device to release the trunk lid. Not later   
than 18 months after the date of the enactment of this Act, the   
Administration shall submit a report on the results of the study to the   
Committee on Commerce of the House of Representatives and the Committee   
on Commerce, Science, and Transportation of the Senate.  
  
SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.  
  
    (a) Importation of Noncomplying Motor Vehicles.--Section 30114 of   
title 49, United States Code, is amended by striking ``or competitive   
racing events'' and inserting ``competitive racing events, show, or   
display''.  
    (b) <<NOTE: 49 USC 30114 note.>>  Transition Rule.--A person who is   
the owner of a motor vehicle located in the United States on the date of   
enactment of this Act may seek an exemption under section 30114 of title   
49, United States Code, as amended by subsection (a) of this section,   
for a period of 6 months after the date regulations of the Secretary of   
Transportation promulgated in response to such amendment take effect.  
  
                          Subtitle B--Railroads  
  
SEC. 7201. HIGH-SPEED RAIL.  
  
    (a) Authorization of Appropriations.--Section 26104 of title 49,   
United States Code, is amended--  
            (1) by redesignating subsection (d) as subsection (h); and  
            (2) by inserting after subsection (c) the following new   
        subsections:  
  
    ``(d) Fiscal Year 1998.--(1) There are authorized to be appropriated   
to the Secretary $10,000,000 for fiscal year 1998, for carrying out   
section 26101 (including payment of administrative expenses related   
thereto).  
    ``(2) There are authorized to be appropriated to the Secretary   
$25,000,000 for fiscal year 1998, for carrying out section 26102   
(including payment of administrative expenses related thereto).  
    ``(e) Fiscal Year 1999.--(1) There are authorized to be appropriated   
to the Secretary $10,000,000 for fiscal year 1999, for carrying out   
section 26101 (including payment of administrative expenses related   
thereto).  
    ``(2) There are authorized to be appropriated to the Secretary   
$25,000,000 for fiscal year 1999, for carrying out section 26102   
(including payment of administrative expenses related thereto).  
    ``(f) Fiscal Year 2000.--(1) There are authorized to be appropriated   
to the Secretary $10,000,000 for fiscal year 2000, for carrying out   
section 26101 (including payment of administrative expenses related   
thereto).  
    ``(2) There are authorized to be appropriated to the Secretary   
$25,000,000 for fiscal year 2000, for carrying out section 26102   
(including payment of administrative expenses related thereto).  
    ``(g) Fiscal Year 2001.--(1) There are authorized to be appropriated   
to the Secretary $10,000,000 for fiscal year 2001, for carrying out   
section 26101 (including payment of administrative expenses related   
thereto).  
    ``(2) There are authorized to be appropriated to the Secretary   
$25,000,000 for fiscal year 2001, for carrying out section 26102   
(including payment of administrative expenses related thereto).''.  
    (b) Definition.--Section 26105(2) of title 49, United States Code,   
is amended to read as follows:  
            ``(2) the term `high-speed rail' means all forms of   
        nonhighway ground transportation that run on rails or   
        electromagnetic guideways providing transportation service which   
        is--  
                    ``(A) reasonably expected to reach sustained speeds   
                of more than 125 miles per hour; and  
                    ``(B) made available to members of the general   
                public as passengers,  
        but does not include rapid transit operations within an urban   
        area that are not connected to the general rail system of   
        transportation;''.  
  
SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.  
  
    (a) Amendment.--Part B of subtitle V of title 49, United States   
Code, is amended by adding at the end the following new chapter:  
  
          ``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS  
  
``Sec.  
``22301. Light density rail line pilot projects.  
  
``Sec. 22301. Light density rail line pilot projects  
  
    ``(a) Grants.--The Secretary of Transportation may make grants to   
States that have State rail plans described in section 22102 (1) and   
(2), to fund pilot projects that demonstrate the relationship of light   
density railroad services to the statutory responsibilities of the   
Secretary, including those under title 23.  
    ``(b) Limitations.--Grants under this section may be made only for   
pilot projects for making capital improvements to, and rehabilitating,   
publicly and privately owned rail line structures, and may not be used   
for providing operating assistance.  
    ``(c) Private Owner Contributions.--Grants made under this section   
for projects on privately owned rail line structures shall include   
contributions by the owner of the rail line structures, based on the   
benefit to those structures, as determined by the Secretary.  
    ``(d) Study.--The Secretary shall conduct a study of the pilot   
projects carried out with grant assistance under this section to   
determine the public interest benefits associated with the light density   
railroad networks in the States and their contribution to a multimodal   
transportation system. Not later than March 31, 2003, the Secretary   
shall report to Congress any recommendations the Secretary considers   
appropriate regarding the eligibility of light density rail networks for   
Federal infrastructure financing.  
    ``(e) Authorization of Appropriations.--There are authorized to be   
appropriated to the Secretary to carry out this section $17,500,000 for   
each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. Such   
funds shall remain available until expended.''.  
    (b) Table of Chapters.--The table of chapters of subtitle V of title   
49, United States Code, is amended by inserting after the item relating   
to chapter 221 the following new item:  
  
``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS...................22301''.  
  
SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.  
  
    (a) Amendments.--Title V of the Railroad Revitalization and   
Regulatory Reform Act of 1976 is amended--  
            (1) by striking sections 501 through 504 <<NOTE: 45 USC 821-  
        824.>> and inserting the following new sections:  
  
``SEC. 501. DEFINITIONS. <<NOTE: 45 USC 821.>>   
  
    ``For purposes of this title:  
            ``(1)(A) The term `cost' means the estimated long-term cost   
        to the Government of a direct loan or loan guarantee or   
        modification thereof, calculated on a net present value basis,   
        excluding administrative costs and any incidental effects on   
        governmental receipts or outlays.  
            ``(B) The cost of a direct loan shall be the net present   
        value, at the time when the direct loan is disbursed, of the   
        following estimated cash flows:  
                    ``(i) Loan disbursements.  
                    ``(ii) Repayments of principal.  
                    ``(iii) Payments of interest and other payments by   
                or to the Government over the life of the loan after   
                adjusting for estimated defaults, prepayments, fees,   
                penalties, and other recoveries.  
        Calculation of the cost of a direct loan shall include the   
        effects of changes in loan terms resulting from the exercise by   
        the borrower of an option included in the loan contract.  
            ``(C) The cost of a loan guarantee shall be the net present   
        value, at the time when the guaranteed loan is disbursed, of the   
        following estimated cash flows:  
                    ``(i) Payments by the Government to cover defaults   
                and delinquencies, interest subsidies, or other   
                payments.  
                    ``(ii) Payments to the Government, including   
                origination and other fees, penalties, and recoveries.  
        Calculation of the cost of a loan guarantee shall include the   
        effects of changes in loan terms resulting from the exercise by   
        the guaranteed lender of an option included in the loan  
        guarantee contract, or by the borrower of an option included in   
        the guaranteed loan contract.  
            ``(D) The cost of a modification is the difference between   
        the current estimate of the net present value of the remaining   
        cash flows under the terms of a direct loan or loan guarantee   
        contract, and the current estimate of the net present value of   
        the remaining cash flows under the terms of the contract, as   
        modified.  
            ``(E) In estimating net present values, the discount rate   
        shall be the average interest rate on marketable Treasury   
        securities of similar maturity to the cash flows of the direct   
        loan or loan guarantee for which the estimate is being made.  
            ``(F) When funds are obligated for a direct loan or loan   
        guarantee, the estimated cost shall be based on the current   
        assumptions, adjusted to incorporate the terms of the loan   
        contract, for the fiscal year in which the funds are obligated.  
            ``(2) The term `current' has the same meaning as in section   
        250(c)(9) of the Balanced Budget and Emergency Deficit Control   
        Act of 1985.  
            ``(3) The term `direct loan' means a disbursement of funds   
        by the Government to a non-Federal borrower under a contract   
        that requires the repayment of such funds. The term includes the   
        purchase of, or participation in, a loan made by another lender   
        and financing arrangements that defer payment for more than 90   
        days, including the sale of a Government asset on credit terms.   
        The term does not include the acquisition of a federally   
        guaranteed loan in satisfaction of default claims.  
            ``(4) The term `direct loan obligation' means a binding   
        agreement by the Secretary to make a direct loan when specified   
        conditions are fulfilled by the borrower.  
            ``(5) The term `intermodal' means of or relating to the   
        connection between rail service and other modes of   
        transportation, including all parts of facilities at which such   
        connection is made.  
            ``(6) The term `loan guarantee' means any guarantee,   
        insurance, or other pledge with respect to the payment of all or   
        a part of the principal or interest on any debt obligation of a   
        non-Federal borrower to a non-Federal lender, but does not   
        include the insurance of deposits, shares, or other withdrawable   
        accounts in financial institutions.  
            ``(7) The term `loan guarantee commitment' means a binding   
        agreement by the Secretary to make a loan guarantee when   
        specified conditions are fulfilled by the borrower, the lender,   
        or any other party to the guarantee agreement.  
            ``(8) The term `modification' means any Government action   
        that alters the estimated cost of an outstanding direct loan (or   
        direct loan obligation) or an outstanding loan guarantee (or   
        loan guarantee commitment) from the current estimate of cash   
        flows. This includes the sale of loan assets, with or without   
        recourse, and the purchase of guaranteed loans. This also   
        includes any action resulting from new legislation, or from the   
        exercise of administrative discretion under existing law, that   
        directly or indirectly alters the estimated cost of outstanding   
        direct loans (or direct loan obligations) or loan guarantees (or   
        loan guarantee commitments) such as a change in collection   
        procedures.  
``SEC. 502. DIRECT LOANS AND <<NOTE: 45 USC 822.>>  LOAN GUARANTEES.  
  
    ``(a) General Authority.--The Secretary may provide direct loans and   
loan guarantees to State and local governments, government sponsored   
authorities and corporations, railroads, and joint ventures that include   
at least 1 railroad.  
    ``(b) Eligible Purposes.--  
            ``(1) In general.--Direct loans and loan guarantees under   
        this section shall be used to--  
                    ``(A) acquire, improve, or rehabilitate intermodal   
                or rail equipment or facilities, including track,   
                components of track, bridges, yards, buildings, and   
                shops;  
                    ``(B) refinance outstanding debt incurred for the   
                purposes described in subparagraph (A); or  
                    ``(C) develop or establish new intermodal or   
                railroad facilities.  
            ``(2) Operating expenses not eligible.--Direct loans and   
        loan guarantees under this section shall not be used for   
        railroad operating expenses.  
  
    ``(c) Priority Projects.--In granting applications for direct loans   
or guaranteed loans under this section, the Secretary shall give   
priority to projects that--  
            ``(1) enhance public safety;  
            ``(2) enhance the environment;  
            ``(3) promote economic development;  
            ``(4) enable United States companies to be more competitive   
        in international markets;  
            ``(5) are endorsed by the plans prepared under section 135   
        of title 23, United States Code, by the State or States in which   
        they are located; or  
            ``(6) preserve or enhance rail or intermodal service to   
        small communities or rural areas.  
  
    ``(d) Extent of Authority.--The aggregate unpaid principal amounts   
of obligations under direct loans and loan guarantees made under this   
section shall not exceed $3,500,000,000 at any one time. Of this amount,   
not less than $1,000,000,000 shall be available solely for projects   
primarily benefiting freight railroads other than Class I carriers.  
    ``(e) Rates of Interest.--  
            ``(1) Direct loans.--The Secretary shall require interest to   
        be paid on a direct loan made under this section at a rate not   
        less than that necessary to recover the cost of making the loan.  
            ``(2) Loan guarantees.--The Secretary shall not make a loan   
        guarantee under this section if the interest rate for the loan   
        exceeds that which the Secretary determines to be reasonable,   
        taking into consideration the prevailing interest rates and   
        customary fees incurred under similar obligations in the private   
        capital market.  
  
    ``(f) Infrastructure Partners.--  
            ``(1) Authority of secretary.--In lieu of or in combination   
        with appropriations of budget authority to cover the costs of   
        direct loans and loan guarantees as required under section   
        504(b)(1) of the Federal Credit Reform Act of 1990, the   
        Secretary may accept on behalf of an applicant for assistance   
        under this section a commitment from a non-Federal source to   
        fund in whole or in part credit risk premiums with respect to   
        the loan that is the subject of the application. In no event  
        shall the aggregate of appropriations of budget authority and   
        credit risk premiums described in this paragraph with respect to   
        a direct loan or loan guarantee be less than the cost of that   
        direct loan or loan guarantee.  
            ``(2) Credit risk premium amount.--The Secretary shall   
        determine the amount required for credit risk premiums under   
        this subsection on the basis of--  
                    ``(A) the circumstances of the applicant, including   
                the amount of collateral offered;  
                    ``(B) the proposed schedule of loan disbursements;  
                    ``(C) historical data on the repayment history of   
                similar borrowers;  
                    ``(D) consultation with the Congressional Budget   
                Office; and  
                    ``(E) any other factors the Secretary considers   
                relevant.  
            ``(3) Payment of premiums.--Credit risk premiums under this   
        subsection shall be paid to the Secretary before the   
        disbursement of loan amounts.  
            ``(4) Cohorts of loans.--In order to maintain sufficient   
        balances of credit risk premiums to adequately protect the   
        Federal Government from risk of default, while minimizing the   
        length of time the Government retains possession of those   
        balances, the Secretary shall establish cohorts of loans. When   
        all obligations attached to a cohort of loans have been   
        satisfied, credit risk premiums paid for the cohort, and   
        interest accrued thereon, which were not used to mitigate losses   
        shall be returned to the original source on a pro rata basis.  
  
    ``(g) Prerequisites for Assistance.--The Secretary shall not make a   
direct loan or loan guarantee under this section unless the Secretary   
has made a finding in writing that--  
            ``(1) repayment of the obligation is required to be made   
        within a term of not more than 25 years from the date of its   
        execution;  
            ``(2) the direct loan or loan guarantee is justified by the   
        present and probable future demand for rail services or   
        intermodal facilities;  
            ``(3) the applicant has given reasonable assurances that the   
        facilities or equipment to be acquired, rehabilitated, improved,   
        developed, or established with the proceeds of the obligation   
        will be economically and efficiently utilized;  
            ``(4) the obligation can reasonably be repaid, using an   
        appropriate combination of credit risk premiums and collateral   
        offered by the applicant to protect the Federal Government; and  
            ``(5) the purposes of the direct loan or loan guarantee are   
        consistent with subsection (b).  
  
    ``(h) Conditions of Assistance.--The Secretary shall, before   
granting assistance under this section, require the applicant to agree   
to such terms and conditions as are sufficient, in the judgment of the   
Secretary, to ensure that, as long as any principal or interest is due   
and payable on such obligation, the applicant, and any railroad or   
railroad partner for whose benefit the assistance is intended--  
            ``(1) will not use any funds or assets from railroad or   
        intermodal operations for purposes not related to such   
        operations, if such use would impair the ability of the   
        applicant,  
        railroad, or railroad partner to provide rail or intermodal   
        services in an efficient and economic manner, or would adversely   
        affect the ability of the applicant, railroad, or railroad   
        partner to perform any obligation entered into by the applicant   
        under this section;  
            ``(2) will, consistent with its capital resources, maintain   
        its capital program, equipment, facilities, and operations on a   
        continuing basis; and  
            ``(3) will not make any discretionary dividend payments that   
        unreasonably conflict with the purposes stated in subsection   
        (b).  
  
``SEC. 503. <<NOTE: 45 USC 823 note.>>  ADMINISTRATION OF DIRECT LOANS   
            AND LOAN GUARANTEES.  
  
    ``(a) Applications.--The Secretary shall prescribe the form and   
contents required of applications for assistance under section 502, to   
enable the Secretary to determine the eligibility of the applicant's   
proposal, and shall establish terms and conditions for direct loans and   
loan guarantees made under that section.  
    ``(b) Assignment of Loan Guarantees.--The holder of a loan guarantee   
made under section 502 may assign the loan guarantee in whole or in   
part, subject to such requirements as the Secretary may prescribe.  
    ``(c) Modifications.--The Secretary may approve the modification of   
any term or condition of a direct loan, loan guarantee, direct loan   
obligation, or loan guarantee commitment, including the rate of   
interest, time of payment of interest or principal, or security   
requirements, if the Secretary finds in writing that--  
            ``(1) the modification is equitable and is in the overall   
        best interests of the United States; and  
            ``(2) consent has been obtained from the applicant and, in   
        the case of a loan guarantee or loan guarantee commitment, the   
        holder of the obligation.  
  
    ``(d) Compliance.--The Secretary shall assure compliance, by an   
applicant, any other party to the loan, and any railroad or railroad   
partner for whose benefit assistance is intended, with the provisions of   
this title, regulations issued hereunder, and the terms and conditions   
of the direct loan or loan guarantee, including through regular periodic   
inspections.  
    ``(e) Commercial Validity.--For purposes of claims by any party   
other than the Secretary, a loan guarantee or loan guarantee commitment   
shall be conclusive evidence that the underlying obligation is in   
compliance with the provisions of this title, and that such obligation   
has been approved and is legal as to principal, interest, and other   
terms. Such a guarantee or commitment shall be valid and incontestable   
in the hands of a holder thereof, including the original lender or any   
other holder, as of the date when the Secretary granted the application   
therefor, except as to fraud or material misrepresentation by such   
holder.  
    ``(f) Default.--The Secretary <<NOTE: Regulations.>>  shall   
prescribe regulations setting forth procedures in the event of default   
on a loan made or guaranteed under section 502. The Secretary shall   
ensure that each loan guarantee made under that section contains terms   
and conditions that provide that--  
            ``(1) if a payment of principal or interest under the loan   
        is in default for more than 30 days, the Secretary shall pay  
        to the holder of the obligation, or the holder's agent, the   
        amount of unpaid guaranteed interest;  
            ``(2) if the default has continued for more than 90 days,   
        the Secretary shall pay to the holder of the obligation, or the   
        holder's agent, 90 percent of the unpaid guaranteed principal;  
            ``(3) after final resolution of the default, through   
        liquidation or otherwise, the Secretary shall pay to the holder   
        of the obligation, or the holder's agent, any remaining amounts   
        guaranteed but which were not recovered through the default's   
        resolution;  
            ``(4) the Secretary shall not be required to make any   
        payment under paragraphs (1) through (3) if the Secretary finds,   
        before the expiration of the periods described in such   
        paragraphs, that the default has been remedied; and  
            ``(5) the holder of the obligation shall not receive payment   
        or be entitled to retain payment in a total amount which,   
        together with all other recoveries (including any recovery based   
        upon a security interest in equipment or facilities) exceeds the   
        actual loss of such holder.  
  
    ``(g) Rights of the Secretary.--  
            ``(1) Subrogation.--If the Secretary makes payment to a   
        holder, or a holder's agent, under subsection (g) in connection   
        with a loan guarantee made under section 502, the Secretary   
        shall be subrogated to all of the rights of the holder with   
        respect to the obligor under the loan.  
            ``(2) Disposition of property.--The Secretary may complete,   
        recondition, reconstruct, renovate, repair, maintain, operate,   
        charter, rent, sell, or otherwise dispose of any property or   
        other interests obtained pursuant to this section. The Secretary   
        shall not be subject to any Federal or State regulatory   
        requirements when carrying out this paragraph.  
  
    ``(h) Action Against Obligor.--The Secretary may bring a civil   
action in an appropriate Federal court in the name of the United States   
in the event of a default on a direct loan made under section 502, or in   
the name of the United States or of the holder of the obligation in the   
event of a default on a loan guaranteed under section 502. The holder of   
a guarantee shall make available to the Secretary all records and   
evidence necessary to prosecute the civil action. The Secretary may   
accept property in full or partial satisfaction of any sums owed as a   
result of a default. If the Secretary receives, through the sale or   
other disposition of such property, an amount greater than the aggregate   
of--  
            ``(1) the amount paid to the holder of a guarantee under   
        subsection (g) of this section; and  
            ``(2) any other cost to the United States of remedying the   
        default,  
  
the Secretary shall pay such excess to the obligor.  
    ``(i) Breach of Conditions.--The Attorney General shall commence a   
civil action in an appropriate Federal court to enjoin any activity   
which the Secretary finds is in violation of this title, regulations   
issued hereunder, or any conditions which were duly agreed to, and to   
secure any other appropriate relief.  
    ``(j) Attachment.--No attachment or execution may be issued against   
the Secretary, or any property in the control of the Secretary, prior to   
the entry of final judgment to such effect in any State, Federal, or   
other court.  
    ``(k) Investigation Charge.--The Secretary may charge and collect   
from each applicant a reasonable charge for appraisal of the value of   
the equipment or facilities for which the direct loan or loan guarantee   
is sought, and for making necessary determinations and findings. Such   
charge shall not aggregate more than one-half of 1 percent of the   
principal amount of the obligation.'';  
            (2) <<NOTE: 45 USC 8253et seq.>>  by striking sections 505   
        through 515 (other than 511(c)), 517, and 518;  
            (3) in section 511(c) <<NOTE: 45 USC 831.>>  by striking   
        ``this section'' and inserting ``section 502'';  
            (4) by moving subsection (c) of section 511 (as amended by   
        paragraph (3) of this section) from section 511 to section 503   
        (as inserted by paragraph (1) of this section), <<NOTE: 45 USC   
        831, 823.>>  inserting it after subsection (a), and   
        redesignating it as subsection (b); and  
            (5) by redesignating section 516 as section 504. <<NOTE: 45   
        USC 836.>>   
  
    (b) Technical and Conforming Provisions.--  
            (1) Table of contents.--The table of contents of title V of   
        the Railroad Revitalization and Regulatory Reform Act of 1976 is   
        amended by striking the items relating to sections 502 through   
        518 and inserting the following:  
  
``Sec. 502. Direct loans and loan guarantees.  
``Sec. 503. Administration of direct loans and loan guarantees.  
``Sec. 504. Employee protection.''.  
  
            (2) <<NOTE: 45 USC 821 note.>>  Savings provision.--A   
        transaction entered into under the authority of title V of the   
        Railroad Revitalization and Regulatory Reform Act of 1976 (45   
        U.S.C. 821 et seq.) before the date of enactment of this Act   
        shall be administered until completion under its terms as if   
        this Act were not enacted.  
            (3) Repeal.--Section 211(i) of the Regional Rail   
        Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed.  
  
SEC. 7204. ALASKA RAILROAD. <<NOTE: 45 USC 1207 note.>>   
  
    (a) Grants.--The Secretary may make grants to the Alaska Railroad   
for capital rehabilitation of and improvements to its passenger   
services.  
    (b) Authorization of Appropriations.--There is authorized to be   
appropriated to carry out this section $5,250,000 for each of fiscal   
years 1998 through 2003.  
  
             Subtitle C--Comprehensive One-Call Notification  
  
SEC. 7301. FINDINGS. <<NOTE: 49 USC 6101 note.>>   
  
    Congress finds that--  
            (1) unintentional damage to underground facilities during   
        excavation is a significant cause of disruptions in   
        telecommunications, water supply, electric power, and other   
        vital public services, such as hospital and air traffic control   
        operations, and is a leading cause of natural gas and hazardous   
        liquid pipeline accidents;  
            (2) excavation that is performed without prior notification   
        to an underground facility operator or with inaccurate or   
        untimely marking of such a facility prior to excavation can   
        cause damage that results in fatalities, serious injuries, harm   
        to the environment and disruption of vital services to the   
        public; and  
            (3) protection of the public and the environment from the   
        consequences of underground facility damage caused by   
        excavations will be enhanced by a coordinated national effort to   
        improve one-call notification programs in each State and the   
        effectiveness and efficiency of one-call notification systems   
        that operate under such programs.  
  
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.  
  
    (a) In General.--Subtitle III of title 49, United States Code, is   
amended by adding at the end thereof the following:  
  
              ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS  
  
``Sec.  
``6101. Purposes.  
``6102. Definitions.  
``6103. Minimum standards for State one-call notification programs.  
``6104. Compliance with minimum standards.  
``6105. Review of one-call system best practices.  
``6106. Grants to States.  
``6107. Authorization of appropriations.  
``6108. Relationship to State laws.  
  
``Sec. 6101. Purposes  
  
    ``The purposes of this chapter are--  
            ``(1) to enhance public safety;  
            ``(2) to protect the environment;  
            ``(3) to minimize risks to excavators; and  
            ``(4) to prevent disruption of vital public services,  
  
by reducing the incidence of damage to underground facilities during   
excavation through the voluntary adoption and efficient implementation   
by all States of State one-call notification programs that meet the   
minimum standards set forth under section 6103.  
  
``Sec. 6102. Definitions  
  
    ``In this chapter, the following definitions apply:  
            ``(1) One-call notification system.--The term `one-call   
        notification system' means a system operated by an organization   
        that has as 1 of its purposes to receive notification from   
        excavators of intended excavation in a specified area in order   
        to disseminate such notification to underground facility   
        operators that are members of the system so that such operators   
        can locate and mark their facilities in order to prevent damage   
        to underground facilities in the course of such excavation.  
            ``(2) State one-call notification program.--The term `State   
        one-call notification program' means the State statutes,   
        regulations, orders, judicial decisions, and other elements of   
        law and policy in effect in a State that establish the   
        requirements for the operation of one-call notification systems   
        in such State.  
            ``(3) State.--The term `State' means a State, the District   
        of Columbia, and Puerto Rico.  
            ``(4) Secretary.--The term `Secretary' means the Secretary   
        of Transportation.  
``Sec. 6103. Minimum standards for State one-call notification programs  
  
    ``(a) Minimum Standards.--In order to qualify for a grant under   
section 6106, a State one-call notification program shall, at a minimum,   
provide for--  
            ``(1) appropriate participation by all underground facility   
        operators;  
            ``(2) appropriate participation by all excavators; and  
            ``(3) flexible and effective enforcement under State law   
        with respect to participation in, and use of, one-call   
        notification systems.  
  
    ``(b) Appropriate Participation.--In determining the appropriate   
extent of participation required for types of underground facilities or   
excavators under subsection (a), a State shall assess, rank, and take   
into consideration the risks to the public safety, the environment,   
excavators, and vital public services associated with--  
            ``(1) damage to types of underground facilities; and  
            ``(2) activities of types of excavators.  
  
    ``(c) Implementation.--A State one-call notification program also   
shall, at a minimum, provide for--  
            ``(1) consideration of the ranking of risks under subsection   
        (b) in the enforcement of its provisions;  
            ``(2) a reasonable relationship between the benefits of one-  
        call notification and the cost of implementing and complying   
        with the requirements of the State one-call notification   
        program; and  
            ``(3) voluntary participation where the State determines   
        that a type of underground facility or an activity of a type of   
        excavator poses a de minimis risk to public safety or the   
        environment.  
  
    ``(d) Penalties.--To the extent the State determines appropriate and   
necessary to achieve the purposes of this chapter, a State one-call   
notification program shall, at a minimum, provide for--  
            ``(1) administrative or civil penalties commensurate with   
        the seriousness of a violation by an excavator or facility owner   
        of a State one-call notification program;  
            ``(2) increased penalties for parties that repeatedly damage   
        underground facilities because they fail to use one-call   
        notification systems or for parties that repeatedly fail to   
        provide timely and accurate marking after the required call has   
        been made to a one-call notification system;  
            ``(3) reduced or waived penalties for a violation of a   
        requirement of a State one-call notification program that   
        results in, or could result in, damage that is promptly reported   
        by the violator;  
            ``(4) equitable relief; and  
            ``(5) citation of violations.  
  
``Sec. 6104. Compliance with minimum standards  
  
    ``(a) Requirement.--In order to qualify for a grant under section   
6106, each State shall submit to the Secretary a grant application under   
subsection (b). The State shall submit the application not later than 2   
years after the date of enactment of this chapter.  
    ``(b) Application.--  
            ``(1) Upon application by a State, the Secretary shall   
        review that State's one-call notification program, including the   
        provisions for the implementation of the program and the record   
        of compliance and enforcement under the program.  
            ``(2) Based on the review under paragraph (1), the Secretary   
        shall determine whether the State's one-call notification   
        program meets the minimum standards for such a program set forth   
        in section 6103 in order to qualify for a grant under section   
        6106.  
            ``(3) In order to expedite compliance under this section,   
        the Secretary may consult with the State as to whether an   
        existing State one-call notification program, a specific   
        modification thereof, or a proposed State program would result   
        in a positive determination under paragraph (2).  
            ``(4) The Secretary shall prescribe the form and manner of   
        filing an application under this section that shall provide   
        sufficient information about a State's one-call notification   
        program for the Secretary to evaluate its overall effectiveness.   
        Such information may include the nature and reasons for   
        exceptions from required participation, the types of enforcement   
        available, and such other information as the Secretary deems   
        necessary.  
            ``(5) The application of a State under paragraph (1) and the   
        record of actions of the Secretary under this section shall be   
        available to the public.  
  
    ``(c) Alternative Program.--A State is eligible to receive a grant   
under section 6106 if the State maintains an alternative one-call   
notification program that provides protection for public safety,   
excavators, and the environment that is equivalent to, or greater than,   
protection provided under a program that meets the minimum standards set   
forth in section 6103.  
    ``(d) Report.--Within 3 years after the date of the enactment of   
this chapter, the Secretary shall begin to include the following   
information in reports submitted under section 60124 of this title--  
            ``(1) a description of the extent to which each State has   
        adopted and implemented the minimum Federal standards under   
        section 6103 or maintains an alternative program under   
        subsection (c);  
            ``(2) an analysis by the Secretary of the overall   
        effectiveness of each State's one-call notification program and   
        the one-call notification systems operating under such program   
        in achieving the purposes of this chapter;  
            ``(3) the impact of each State's decisions on the extent of   
        required participation in one-call notification systems on   
        prevention of damage to underground facilities; and  
            ``(4) areas where improvements are needed in one-call   
        notification systems in operation in each State.  
  
The report shall also include any recommendations the Secretary   
determines appropriate. If the Secretary determines that the purposes of   
this chapter have been substantially achieved, no further report under   
this section shall be required.  
  
``Sec. 6105. Review of one-call system best practices  
  
    ``(a) Study of Existing One-Call Systems.--Except as provided in   
subsection (d), the Secretary, in consultation with other appropriate   
Federal agencies, State agencies, one-call notification system   
operators, underground facility operators, excavators, and  
other interested parties, shall undertake a study of damage prevention   
practices associated with existing one-call notification systems.  
    ``(b) Purpose of Study of Damage Prevention Practices.--The purpose   
of the study is to gather information in order to determine which   
existing one-call notification systems practices appear to be the most   
effective in protecting the public, excavators, and the environment and   
in preventing disruptions to public services and damage to underground   
facilities. As part of the study, the Secretary shall consider, at a   
minimum--  
            ``(1) the methods used by one-call notification systems and   
        others to encourage participation by excavators and owners of   
        underground facilities;  
            ``(2) the methods by which one-call notification systems   
        promote awareness of their programs, including use of public   
        service announcements and educational materials and programs;  
            ``(3) the methods by which one-call notification systems   
        receive and distribute information from excavators and   
        underground facility owners;  
            ``(4) the use of any performance and service standards to   
        verify the effectiveness of a one-call notification system;  
            ``(5) the effectiveness and accuracy of mapping used by one-  
        call notification systems;  
            ``(6) the relationship between one-call notification systems   
        and preventing damage to underground facilities;  
            ``(7) how one-call notification systems address the need for   
        rapid response to situations where the need to excavate is   
        urgent;  
            ``(8) the extent to which accidents occur due to errors in   
        marking of underground facilities, untimely marking or errors in   
        the excavation process after a one-call notification system has   
        been notified of an excavation;  
            ``(9) the extent to which personnel engaged in marking   
        underground facilities may be endangered;  
            ``(10) the characteristics of damage prevention programs the   
        Secretary believes could be relevant to the effectiveness of   
        State one-call notification programs; and  
            ``(11) the effectiveness of penalties and enforcement   
        activities under State one-call notification programs in   
        obtaining compliance with program requirements.  
  
    ``(c) Report.--Within 1 year after the date of the enactment of this   
chapter, the Secretary shall publish a report identifying those   
practices of one-call notification systems that are the most and least   
successful in--  
            ``(1) preventing damage to underground facilities; and  
            ``(2) providing effective and efficient service to   
        excavators and underground facility operators.  
  
The Secretary shall encourage each State and operator of one-call   
notification programs to adopt and implement those practices identified   
in the report that the State determines are the most appropriate.  
    ``(d) Secretarial Discretion.--Prior to undertaking the study   
described in subsection (a), the Secretary shall determine whether   
timely information described in subsection (b) is readily available. If   
the Secretary determines that such information is readily available, the   
Secretary is not required to carry out the study.  
``Sec. 6106. Grants to States  
  
    ``(a) In General.--The Secretary may make a grant of financial   
assistance to a State that qualifies under section 6104(b) to assist in   
improving--  
            ``(1) the overall quality and effectiveness of one-call   
        notification systems in the State;  
            ``(2) communications systems linking one-call notification   
        systems;  
            ``(3) location capabilities, including training personnel   
        and developing and using location technology;  
            ``(4) record retention and recording capabilities for one-  
        call notification systems;  
            ``(5) public information and education;  
            ``(6) participation in one-call notification systems; or  
            ``(7) compliance and enforcement under the State one-call   
        notification program.  
  
    ``(b) State Action Taken Into Account.--In making grants under this   
section, the Secretary shall take into consideration the commitment of   
each State to improving its State one-call notification program,   
including legislative and regulatory actions taken by the State after   
the date of enactment of this chapter.  
    ``(c) Funding for One-Call Notification Systems.--A State may   
provide funds received under this section directly to any one-call   
notification system in such State that substantially adopts the best   
practices identified under section 6105.  
  
``Sec. 6107. Authorization of appropriations  
  
    ``(a) For Grants to States.--There are authorized to be appropriated   
to the Secretary to provide grants to States under section 6106   
$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001.   
Such funds shall remain available until expended.  
    ``(b) For Administration.--There are authorized to be appropriated   
to the Secretary such sums as may be necessary to carry out sections   
6103, 6104, and 6105 for fiscal years 1999, 2000, and 2001.  
    ``(c) General Revenue Funding.--Any sums appropriated under this   
section shall be derived from general revenues and may not be derived   
from amounts collected under section 60301 of this title.  
  
``Sec. 6108. Relationship to State laws  
  
    ``Nothing in this chapter preempts State law or shall impose a new   
requirement on any State or mandate revisions to a one-call system.''.  
    (b) Conforming Amendment.--The table of chapters for subtitle III of   
such title is amended by adding at the end thereof the following:  
  
``61. ONE-CALL NOTIFICATION PROGRAMS.............................6101''.  
  
   <<NOTE: Sportfishing and Boating Safety Act of 1998.>> Subtitle D--  
Sportfishing and Boating Safety  
  
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.  
  
    (a) <<NOTE: 16 USC 777 note.>>  Short Title.--This subtitle may be   
cited as the ``Sportfishing and Boating Safety Act of 1998''.  
    (b) Amendment of 1950 Act.--Whenever in this subtitle an amendment   
or repeal is expressed in terms of an amendment to, or repeal of, a   
section or other provision of the 1950 Act, the reference shall be   
considered to be made to a section or other provision of the Act   
entitled ``An Act to provide that the United States shall aid the States   
in fish restoration and management projects, and for other purposes,''   
approved August 9, 1950 (16 U.S.C. 777 et seq.).  
  
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.  
  
    (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is   
amended--  
            (1) by indenting the left margin of so much of the text as   
        precedes ``(a)'' by 2 ems;  
            (2) by inserting ``For purposes of this Act--'' after the   
        section heading;  
            (3) by striking ``For the purpose of this Act the'' in the   
        first paragraph and inserting ``(1) the'';  
            (4) by indenting the left margin of so much of the text as   
        follows ``include--'' by 4 ems;  
            (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and   
        inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;  
            (6) by striking ``department.'' and inserting   
        ``department;''; and  
            (7) by adding at the end the following:  
            ``(2) the term `outreach and communications program' means a   
        program to improve communications with anglers, boaters, and the   
        general public regarding angling and boating opportunities, to   
        reduce barriers to participation in these activities, to advance   
        adoption of sound fishing and boating practices, to promote   
        conservation and the responsible use of the Nation's aquatic   
        resources, and to further safety in fishing and boating; and  
            ``(3) the term `aquatic resource education program' means a   
        program designed to enhance the public's understanding of   
        aquatic resources and sportfishing, and to promote the   
        development of responsible attitudes and ethics toward the   
        aquatic environment.''.  
  
    (b) Funding for Outreach and Communications Program.--Section 4 of   
the 1950 Act (16 U.S.C. 777c) is amended--  
            (1) by redesignating subsections (c), (d), and (e) as   
        subsections (d), (e), and (f), respectively;  
            (2) by inserting after subsection (b) the following:  
  
    ``(c) National Outreach and Communications Program.--Of the balance   
of each such annual appropriation remaining after making the   
distribution under subsections (a) and (b), respectively, an amount   
equal to--  
            ``(1) $5,000,000 for fiscal year 1999;  
            ``(2) $6,000,000 for fiscal year 2000;  
            ``(3) $7,000,000 for fiscal year 2001;  
            ``(4) $8,000,000 for fiscal year 2002; and  
            ``(5) $10,000,000 for fiscal year 2003;  
  
shall be used for the National Outreach and Communications Program under   
section 8(d). Such amounts shall remain available for 3 fiscal years,   
after which any portion thereof that is unobligated by the Secretary of   
the Interior for that program may be expended by the Secretary under   
subsection (e).'';  
            (3) in subsection (d), as redesignated, by inserting ``, for   
        an outreach and communications program'' after ``Act'';  
            (4) in subsection (d), as redesignated, by striking   
        ``subsections (a) and (b),'' and inserting ``subsections (a),   
        (b), and (c),'';  
            (5) by adding at the end of subsection (d), as redesignated,   
        the following: ``Of the sum available to the Secretary of the   
        Interior under this subsection for any fiscal year, up to   
        $2,500,000 may be used for the National Outreach and   
        Communications Program under section 8(d) in addition to the   
        amount available for that program under subsection (c). No funds   
        available to the Secretary under this subsection may be used to   
        replace funding traditionally provided through general   
        appropriations, nor for any purposes except those purposes   
        authorized by this Act. The Secretary <<NOTE: Federal Register,   
        publication.>>  shall publish a detailed accounting of the   
        projects, programs, and activities funded under this subsection   
        annually in the Federal Register.''; and  
            (6) in subsection (e), as redesignated, by striking   
        ``subsections (a), (b), and (c),'' and inserting ``subsections   
        (a), (b), (c), and (d),''.  
  
    (c) Increase in State Allocation.--Section 8 of the 1950 Act (16   
U.S.C. 777g) is amended--  
            (1) by striking ``12 1/2 percentum'' each place it appears   
        in subsection (b) and inserting ``15 percent'';  
            (2) by striking ``10 percentum'' in subsection (c) and   
        inserting ``15 percent'';  
            (3) by inserting ``and communications'' in subsection (c)   
        after ``outreach''; and  
            (4) by redesignating subsection (d) as subsection (f); and   
        by inserting after subsection (c) the following:  
  
    ``(d) National Outreach and Communications Program.--  
            ``(1) Implementation.--Within 1 year after the date of   
        enactment of the Sportfishing and Boating Safety Act of 1998,   
        the Secretary of the Interior shall develop and implement, in   
        cooperation and consultation with the Sport Fishing and Boating   
        Partnership Council, a national plan for outreach and   
        communications.  
            ``(2) Content.--The plan shall provide--  
                    ``(A) guidance, including guidance on the   
                development of an administrative process and funding   
                priorities, for outreach and communications programs;   
                and  
                    ``(B) for the establishment of a national program.  
            ``(3) Secretary may match or fund programs.--Under the plan,   
        the Secretary may obligate amounts available under subsection   
        (c) or (d) of section 4 of this Act--  
                    ``(A) to make grants to any State or private entity   
                to pay all or any portion of the cost of carrying out   
                any outreach and communications program under the plan;   
                or  
                    ``(B) to fund contracts with States or private   
                entities to carry out such a program.  
            ``(4) Review.--The plan shall be reviewed periodically, but   
        not less frequently than once every 3 years.  
  
    ``(e) State Outreach and Communications Program.--Within 12 months   
after the completion of the national plan under subsection (d)(1), a   
State shall develop a plan for an outreach and  
communications program and submit it to the Secretary. In developing the   
plan, a State shall--  
            ``(1) review the national plan developed under subsection   
        (d);  
            ``(2) consult with anglers, boaters, the sportfishing and   
        boating industries, and the general public; and  
            ``(3) establish priorities for the State outreach and   
        communications program proposed for implementation.''.  
  
SEC. 7403. CLEAN VESSEL ACT FUNDING.  
  
    Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read   
as follows:  
    ``(b) Use of Balance After Distribution.--  
            ``(1) Fiscal year 1998.--In fiscal year 1998, an amount   
        equal to $20,000,000 of the balance remaining after the   
        distribution under subsection (a) shall be transferred to the   
        Secretary of Transportation and shall be expended for State   
        recreational boating safety programs under section 13106(a)(1)   
        of title 46, United States Code.  
            ``(2) Fiscal year 1999.--For fiscal year 1999, of the   
        balance of each annual appropriation remaining after making the   
        distribution under subsection (a), an amount equal to   
        $74,000,000, reduced by 82 percent of the amount appropriated   
        for that fiscal year from the Boat Safety Account of the Aquatic   
        Resources Trust Fund established by section 9504 of the Internal   
        Revenue Code of 1986 to carry out the purposes of section   
        13106(a) of title 46, United States Code, shall be used as   
        follows:  
                    ``(A) $10,000,000 shall be available to the   
                Secretary of the Interior for 3 fiscal years for   
                obligation for qualified projects under section 5604(c)   
                of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).  
                    ``(B) The balance remaining after the application of   
                subparagraph (A) shall be transferred to the Secretary   
                of Transportation and shall be expended for State   
                recreational boating safety programs under section 13106   
                of title 46, United States Code.  
            ``(3) Fiscal years 2000-2003.--For each of fiscal years 2000   
        through 2003, of the balance of each annual appropriation   
        remaining after making the distribution under subsection (a), an   
        amount equal to $82,000,000, reduced by 82 percent of the amount   
        appropriated for that fiscal year from the Boat Safety Account   
        of the Aquatic Resources Trust Fund established by section 9504   
        of the Internal Revenue Code of 1986 to carry out the purposes   
        of section 13106(a) of title 46, United States Code, shall be   
        used as follows:  
                    ``(A) $10,000,000 shall be available for each fiscal   
                year to the Secretary of the Interior for 3 fiscal years   
                for obligation for qualified projects under section   
                5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322   
                note).  
                    ``(B) $8,000,000 shall be available for each fiscal   
                year to the Secretary of the Interior for 3 fiscal years   
                for obligation for qualified projects under section   
                6404(d) of the Sportfishing and Boating Safety Act of   
                1998.  
                    ``(C) The balance remaining after the application of   
                subparagraphs (A) and (B) shall be transferred for each   
                such fiscal year to the Secretary of Transportation and  
                shall be expended for State recreational boating safety   
                programs under section 13106 of title 46, United States   
                Code.  
            ``(4) Transfer of certain funds.--Amounts available under   
        subparagraph (A) of paragraph (2) and subparagraphs (A) and (B)   
        of paragraph (3) that are unobligated by the Secretary of the   
        Interior after 3 fiscal years shall be transferred to the   
        Secretary of Transportation and shall be expended for State   
        recreational boating safety programs under section 13106(a) of   
        title 46, United States Code.''.  
  
SEC. <<NOTE: 16 USC 777g-1.>>  7404. BOATING INFRASTRUCTURE.  
  
    (a) Purpose.--The purpose of this section is to provide funds to   
States for the development and maintenance of facilities for transient   
nontrailerable recreational vessels.  
    (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended   
by section 6402, is amended by adding at the end thereof the following:  
    ``(g) Surveys.--  
            ``(1) National framework.--Within 6 months after the date of   
        enactment of the Sportfishing and Boating Safety Act of 1998,   
        the Secretary, in consultation with the States, shall adopt a   
        national framework for a public boat access needs assessment   
        which may be used by States to conduct surveys to determine the   
        adequacy, number, location, and quality of facilities providing   
        access to recreational waters for all sizes of recreational   
        boats.  
            ``(2) State surveys.--Within 18 months after such date of   
        enactment, each State that agrees to conduct a public boat   
        access needs survey following the recommended national framework   
        shall report its findings to the Secretary for use in the   
        development of a comprehensive national assessment of   
        recreational boat access needs and facilities.  
            ``(3) Exception.--Paragraph (2) does not apply to a State   
        if, within 18 months after such date of enactment, the Secretary   
        certifies that the State has developed and is implementing a   
        plan that ensures there are and will be public boat access   
        adequate to meet the needs of recreational boaters on its   
        waters.  
            ``(4) Funding.--A State that conducts a public boat access   
        needs survey under paragraph (2) may fund the costs of   
        conducting that assessment out of amounts allocated to it as   
        funding dedicated to motorboat access to recreational waters   
        under subsection (b)(1) of this section.''.  
  
    (c) Plan.--Within 6 months after submitting a survey to the   
Secretary under section 8(g) of the Act entitled ``An Act to provide   
that the United States shall aid the States in fish restoration and   
management projects, and for other purposes,'' approved August 9, 1950   
(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a State   
may develop and submit to the Secretary a plan for the construction,   
renovation, and maintenance of facilities for transient nontrailerable   
recreational vessels, and access to those facilities, to meet the needs   
of nontrailerable recreational vessels operating on navigable waters in   
the State.  
    (d) Grant Program.--  
            (1) Matching grants.--The Secretary of the Interior shall   
        obligate amounts made available under section 4(b)(3)(B) of the   
        Act entitled ``An Act to provide that the United States  
        shall aid the States in fish restoration and management   
        projects, and for other purposes,'' approved August 9, 1950, as   
        amended by this Act, to make grants to any State to pay not more   
        than 75 percent of the cost to a State of constructing,   
        renovating, or maintaining facilities for transient   
        nontrailerable recreational vessels.  
            (2) Priorities.--In awarding grants under paragraph (1), the   
        Secretary shall give priority to projects that--  
                    (A) consist of the construction, renovation, or   
                maintenance of facilities for transient nontrailerable   
                recreational vessels in accordance with a plan submitted   
                by a State under subsection (c);  
                    (B) provide for public/private partnership efforts   
                to develop, maintain, and operate facilities for   
                transient nontrailerable recreational vessels; and  
                    (C) propose innovative ways to increase the   
                availability of facilities for transient nontrailerable   
                recreational vessels.  
  
    (e) Definitions.--For purposes of this section, the term--  
            (1) ``nontrailerable recreational vessel'' means a   
        recreational vessel 26 feet in length or longer--  
                    (A) operated primarily for pleasure; or  
                    (B) leased, rented, or chartered to another for the   
                latter's pleasure;  
            (2) ``facilities for transient nontrailerable recreational   
        vessels'' includes mooring buoys, day-docks, navigational aids,   
        seasonal slips, safe harbors, or similar structures located on   
        navigable waters, that are available to the general public (as   
        determined by the Secretary of the Interior) and designed for   
        temporary use by nontrailerable recreational vessels; and  
            (3) ``State'' means each of the several States of the United   
        States, the District of Columbia, the Commonwealth of Puerto   
        Rico, Guam, American Samoa, the Virgin Islands, and the   
        Commonwealth of the Northern Mariana Islands.  
  
SEC. 7405. BOAT SAFETY FUNDS.  
  
    (a) Availability of Allocations.--Section 13104(a) of title 46,   
United States Code, is amended--  
            (1) in paragraph (1), by striking ``3 years'' and inserting   
        ``2 years''; and  
            (2) in paragraph (2), by striking ``3-year'' and inserting   
        ``2-year''.  
  
    (b) Expenditures.--Section 13106 of title 46, United States Code, is   
amended--  
            (1) by striking the first sentence of subsection (a)(1) and   
        inserting the following: ``Subject to paragraph (2) and   
        subsection (c), the Secretary shall expend in each fiscal year   
        for State recreational boating safety programs, under contracts   
        with States under this chapter, an amount equal to the sum of   
        (A) the amount appropriated from the Boat Safety Account for   
        that fiscal year and (B) the amount transferred to the Secretary   
        under section 4(b) of the Act of August 9, 1950 (16 U.S.C.   
        777c(b)).'';  
            (2) in subsection (a)(2), by striking ``appropriated'' and   
        inserting ``available''; and  
            (3) by striking subsection (c) and inserting the following:  
  
    ``(c) Of the amount transferred for each fiscal year to the   
Secretary of Transportation under paragraphs (2) and (3) of section  
4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is   
available to the Secretary for payment of expenses of the Coast Guard   
for personnel and activities directly related to coordinating and   
carrying out the national recreational boating safety program under this   
title, of which $2,000,000 shall be available to the Secretary only to   
ensure compliance with chapter 43 of this title. No funds available to   
the Secretary under this subsection may be used to replace funding   
traditionally provided through general appropriations, nor for any   
purposes except those purposes authorized by this section. Amounts made   
available by this subsection shall remain available until expended. The   
Secretary <<NOTE: Federal Register, publication.>>  shall publish   
annually in the Federal Register a detailed accounting of the projects,   
programs, and activities funded under this subsection.''.  
  
    (c) Conforming Amendments.--  
            (1) The heading for section 13106 of title 46, United States   
        Code, is amended to read as follows:  
  
``Sec. 13106. Authorization of appropriations''.  
  
            (2) The chapter analysis for chapter 131 of title 46, United   
        States Code, is amended by striking the item relating to section   
        13106 and inserting the following:  
  
``13106. Authorization of appropriations.''.  

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