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[Congressional Record: May 22, 1998 (House)]
[Page H3894-H3936]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22my98-161]
[[pp. H3894-H3936]] CONFERENCE REPORT ON H.R. 2400, TRANSPORTATION
EQUITY ACT FOR THE 21ST
CENTURY
[[Continued from page H3893]]
[[Page H3894]]
``(e)(1) The remarriage of the surviving spouse of a
veteran shall not bar the furnishing of dependency and
indemnity compensation to such person as the surviving spouse
of the veteran if the remarriage is terminated by death,
divorce, or annulment unless the Secretary determines that
the divorce or annulment was secured through fraud or
collusion.
``(2) If the surviving spouse of a veteran ceases living
with another person and holding himself or herself out openly
to the public as that person's spouse, the bar to granting
that person dependency and indemnity compensation as the
surviving spouse of the veteran shall not apply.
``(3) The first month of eligibility for payment of
dependency and indemnity compensation to a surviving spouse
by reason of this subsection shall be the later of the month
after--
``(A) the month of the termination of such remarriage, in
the case of a surviving spouse described in paragraph (1); or
``(B) the month of the cessation described in paragraph
(2), in the case of a surviving spouse described in that
paragraph.''.
(b) Effective Date.--No payment may be made by reason of
section 1311(e) of title 38, United States Code, as added by
subsection (a), for any month before October 1998.
SEC. 8208. EXTENSION OF PRIOR REVISION TO OFFSET RULE FOR
DEPARTMENT OF DEFENSE SPECIAL SEPARATION
BENEFIT PROGRAM.
The amendment made by section 653 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2583) to subsection (h)(2) of section 1174 of title
10, United States Code, shall apply to any payment of
separation pay under the special separation benefits program
under section 1174a of that title that was made during the
period beginning on December 5, 1991, and ending on September
30, 1996.
SEC. 8209. SENSE OF CONGRESS CONCERNING RECOVERY FROM TOBACCO
COMPANIES OF COSTS OF TREATMENT OF VETERANS FOR
TOBACCO-RELATED ILLNESSES.
It is the sense of the Congress--
(1) that the Attorney General or the Secretary of Veterans
Affairs, as appropriate, should take all steps necessary to
recover from tobacco companies amounts corresponding to the
costs which would be incurred by the Department of Veterans
Affairs for treatment of tobacco-related illnesses of
veterans, if such treatment were authorized by law; and
(2) that the Congress should authorize by law the treatment
of tobacco-related illnesses of veterans upon the recovery of
such amounts.
Subtitle C--Temporary Student Loan Provision.
SEC. 8301. TEMPORARY STUDENT LOAN PROVISION.
(a) FFEL Interest Rates.--
(1) Amendment.--Section 427A of the Higher Education Act of
1965 (20 U.S.C. 1077a) is amended--
(A) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(B) by inserting after subsection (i) the following new
subsection:
``(j) Interest Rates for New Loans Between July 1, 1998 and
October 1, 1998.--
``(1) In general.--Notwithstanding subsection (h), but
subject to paragraph (2), with respect to any loan made,
insured, or guaranteed under this part (other than a loan
made pursuant to section 428B or 428C) for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall,
during any 12-month period beginning on July 1 and ending on
June 30, be determined on the preceding June 1 and be equal
to--
``(A) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(2) In school and grace period Rules.--Notwithstanding
subsection (h), with respect to any loan under this part
(other than a loan made pursuant to section 428B or 428C) for
which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest for interest which accrues--
``(A) prior to the beginning of the repayment period of the
loan; or
``(B) during the period in which principal need not be paid
(whether or not such principal is in fact paid) by reason of
a provision described in section 428(b)(1)(M) or
427(a)(2)(C),
shall be determined under paragraph (1) by substituting `1.7
percent' for `2.3 percent'.
``(3) PLUS loans.--Notwithstanding subsection (h), with
respect to any loan under section 428B for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall,
during any 12-month period beginning on July 1 and ending on
June 30, be determined on the preceding June 1 and be equal
to the lesser of--
``(A)(i) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(ii) 3.1 percent; or
``(B) 9.0 percent.
``(4) Consultation.--The Secretary shall determine the
applicable rate of interest under this subsection after
consultation with the Secretary of the Treasury and shall
publish such rate in the Federal Register as soon as
practicable after the date of determination.''.
(2) Conforming amendment.--Section 428B(d)(4) (20 U.S.C.
1078-2(d)(4)) is amended by striking ``section 427A(c)'' and
inserting ``section 427A for loans made under this section''.
(b) Special Allowances.--
(1) Amendment.--Section 438(b)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by adding at
the end the following new subparagraph:
``(G) Loans disbursed between july 1, 1998, and october 1,
1998.--
``(i) In general.--Subject to paragraph (4) and clauses
(ii), (iii), and (iv) of this subparagraph, and except as
provided in subparagraph (B), the special allowance paid
pursuant to this subsection on loans for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, shall be computed--
``(I) by determining the average of the bond equivalent
rates of 91-day Treasury bills auctioned for such 3-month
period;
``(II) by subtracting the applicable interest rates on such
loans from such average bond equivalent rate;
``(III) by adding 2.8 percent to the resultant percent; and
``(IV) by dividing the resultant percent by 4.
``(ii) In school and grace period.--In the case of any loan
for which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, and for which the
applicable rate of interest is described in section
427A(j)(2), clause (i)(III) of this subparagraph shall be
applied by substituting `2.2 percent' for `2.8 percent'.
``(iii) PLUS loans.--In the case of any loan for which the
first disbursement is made on or after July 1, 1998, and
before October 1, 1998, and for which the applicable rate of
interest is described in section 427A(j)(3), clause (i)(III)
of this subparagraph shall be applied by substituting `3.1
percent' for `2.8 percent', subject to clause (v) of this
subparagraph.
``(iv) Consolidation loans.--This subparagraph shall not
apply in the case of any consolidation loan.
``(v) Limitation on special allowances for PLUS loans.--In
the case of PLUS loans made under section 428B and disbursed
on or after July 1, 1998, and before October 1, 1998, for
which the interest rate is determined under 427A(j)(3), a
special allowance shall not be paid for such loan for such
unless the rate determined under subparagraph (A) of such
section (without regard to subparagraph (B) of such section)
exceeds 9.0 percent.''.
(2) Conforming amendments.--Section 438(b)(2) of such Act
is further amended--
(A) in subparagraph (A), by striking ``(E), and (F)'' and
inserting ``(E), (F), and (G)'';
(B) in subparagraph (B)(iv), by striking ``(E), or (F)''
and inserting ``(E), (F), or (G)''; and
(C) in subparagraph (C)(ii), by striking ``In the case''
and inserting ``Subject to subparagraph (G), in the case''.
(c) Direct Loan Interest Rates.--Section 455(b) (20 U.S.C.
1087e(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Temporary interest rate provision.--
``(A) Rates for fdsl and fdusl.--Notwithstanding the
preceding paragraphs of this subsection, for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford Loans
for which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest shall, during any 12-month period beginning on July
1 and ending on June 30, be determined on the preceding June
1 and be equal to--
``(i) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(B) In school and grace period rules.--Notwithstanding
the preceding paragraphs of this subsection, with respect to
any Federal Direct Stafford Loan or Federal Direct
Unsubsidized Stafford Loan for which the first disbursement
is made on or after July 1, 1998, and before October 1, 1998,
the applicable rate of interest for interest which accrues--
``(i) prior to the beginning of the repayment period of the
loan; or
``(ii) during the period in which principal need not be
paid (whether or not such principal is in fact paid) by
reason of a provision described in section 428(b)(1)(M) or
427(a)(2)(C),
shall be determined under subparagraph (A) by substituting
`1.7 percent' for `2.3 percent'.
``(C) PLUS loans.--Notwithstanding the preceding paragraphs
of this subsection, with respect to Federal Direct PLUS Loan
for which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest shall be determined under subparagraph (A)--
``(i) by substituting `3.1 percent' for `2.3 percent'; and
``(ii) by substituting `9.0 percent' for `8.25 percent'.''.
Subtitle D--Block Grants for Social Services
SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.
(a) Reduction of Grants.--Section 2003(c) of the Social
Security Act (42 U.S.C. 1397b(c)) is amended by striking
paragraphs (7) and (8) and inserting the following:
``(7) $2,380,000,000 for the fiscal year 1997;
``(8) $2,380,000,000 for the fiscal year 1998;
``(9) $2,380,000,000 for the fiscal year 1999;
``(10) $2,380,000,000 for the fiscal year 2000; and
``(11) $1,700,000,000 for the fiscal year 2001 and each
fiscal year thereafter.''.
(b) Limitation on Amount of TANF Funds Transferable.--
Section 404(d)(2) of the Social Security Act (42 U.S.C.
604(d)(2)) is amended to read as follows:
``(2) Limitation on amount transferable to title xx
programs.--
``(A) In general.--A State may use not more than the
applicable percent of the amount of any grant made to the
State under section 403(a) for a fiscal year to carry out
State programs pursuant to title XX.
[[Page H3895]]
``(B) Applicable percent.--For purposes of subparagraph
(A), the applicable percent is 4.25 percent in the case of
fiscal year 2001 and each succeeding fiscal year.''.
(c) Effective Date.--The amendments made by this section
take effect on October 1, 1998.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
SEC. 901. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This title may be cited as the ``Surface
Transportation Revenue Act of 1998''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 902. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) Extension of Taxes.--
(1) In general.--The following provisions are each amended
by striking ``1999'' each place it appears and inserting
``2005'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax
on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax on
special motor fuels), as amended by section 907(a)(1) of the
Taxpayer Relief Act of 1997.
(C) Section 4041(m)(1)(A) (relating to certain alcohol
fuels), as amended by section 907(b) of the Taxpayer Relief
Act of 1997.
(D) Section 4051(c) (relating to termination of tax on
heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax on
tires).
(F) Section 4081(d)(1) (relating to termination of tax on
gasoline, diesel fuel, and kerosene).
(G) Section 4481(e) (relating to period tax in effect).
(H) Section 4482(c)(4) (relating to taxable period).
(I) Section 4482(d) (relating to special rule for taxable
period in which termination date occurs).
(2) Other provisions.--
(A) Floor stocks refunds.--Section 6412(a)(1) (relating to
floor stocks refunds) is amended--
(i) by striking ``1999'' each place it appears and
inserting ``2005'', and
(ii) by striking ``2000'' each place it appears and
inserting ``2006''.
(B) Installment payments of highway use tax.--Section
6156(e)(2) (relating to installment payments of highway use
tax on use of highway motor vehicles) is amended by striking
``1999'' and inserting ``2005''.
(b) Extension of Certain Exemptions.--The following
provisions are each amended by striking ``1999'' and
inserting ``2005'':
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
(c) Extension of Deposits Into, and Certain Transfers From,
Trust Fund.--
(1) In general.--Subsection (b), and paragraphs (2) and (3)
of subsection (c), of section 9503 (relating to the Highway
Trust Fund) are each amended--
(A) by striking ``1999'' each place it appears and
inserting ``2005'', and
(B) by striking ``2000'' each place it appears and
inserting ``2006''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (4)(A)(i) and (5)(A) of section
9503(c) are each amended by striking ``1998'' and inserting
``2005''.
(B) Conforming amendments to land and water conservation
fund.--Section 201(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-11(b)) is amended--
(i) by striking ``1997'' and inserting ``2003'', and
(ii) by striking ``1998'' each place it appears and
inserting ``2004''.
(3) Conforming amendment.--The heading for paragraph (3) of
section 9503(c) is amended to read as follows:
``(3) Floor stocks refunds.--''.
(d) Extension and Expansion of Expenditures From Trust
Fund.--
(1) Highway account.--
(A) Extension of expenditure authority.--Paragraph (1) of
section 9503(c) is amended by striking ``1998'' and inserting
``2003''.
(B) Expansion of purposes.--Paragraph (1) of section
9503(c) is amended--
(i) by striking ``or'' at the end of subparagraph (C), and
(ii) by striking ``1991.'' in subparagraph (D) and all that
follows through the end of paragraph (1) and inserting
``1991, or
``(E) authorized to be paid out of the Highway Trust Fund
under the Transportation Equity Act for the 21st Century.
In determining the authorizations under the Acts referred to
in the preceding subparagraphs, such Acts shall be applied as
in effect on the date of enactment of the Transportation
Equity Act for the 21st Century.''.
(2) Mass transit account.--
(A) Extension of expenditure authority.--Paragraph (3) of
section 9503(e) is amended by striking ``1998'' and inserting
``2003''.
(B) Expansion of purposes.--Paragraph (3) of section
9503(e) is amended--
(i) by striking ``or'' at the end of subparagraph (A),
(ii) by adding ``or'' at the end of subparagraph (B), and
(iii) by striking all that follows subparagraph (B) and
inserting:
``(C) the Transportation Equity Act for the 21st Century,
as such section and Acts are in effect on the date of
enactment of the Transportation Equity Act for the 21st
Century.''.
(e) Technical Correction Relating to Transfers to Mass
Transit Account.--
(1) In general.--Section 9503(e)(2) is amended by striking
the last sentence and inserting the following: ``For purposes
of the preceding sentence, the term `mass transit portion'
means, for any fuel with respect to which tax was imposed
under section 4041 or 4081 and otherwise deposited into the
Highway Trust Fund, the amount determined at the rate of--
``(A) except as otherwise provided in this sentence, 2.86
cents per gallon,
``(B) 1.43 cents per gallon in the case of any partially
exempt methanol or ethanol fuel (as defined in section
4041(m)) none of the alcohol in which consists of ethanol,
``(C) 1.86 cents per gallon in the case of liquefied
natural gas,
``(D) 2.13 cents per gallon in the case of liquefied
petroleum gas, and
``(E) 9.71 cents per MCF (determined at standard
temperature and pressure) in the case of compressed natural
gas.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendment made by
section 901(b) of the Taxpayer Relief Act of 1997.
(f) Clerical Amendments.--
(1) Paragraph (1) of section 9503(b) is amended by striking
subparagraph (C), by striking ``and tread rubber'' in
subparagraph (D), and by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (C), (D), and (E),
respectively.
(2) Clause (i) of section 9503(c)(2)(A) is amended by
adding ``and'' at the end of subclause (II), by striking
subclause (III), and by redesignating subclause (IV) as
subclause (III).
(3) Clause (ii) of section 9503(c)(2)(A) is amended by
striking ``gasoline, special fuels, and lubricating oil''
each place it appears and inserting ``fuel''.
SEC. 903. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR
ALCOHOL FUELS.
(a) Extension of Tax Benefits.--
(1) Extension.--The following provisions are each amended
by striking ``2000'' each place it appears and inserting
``2007'':
(A) Section 4041(b)(2)(C) (relating to termination of
reduction in tax for qualified methanol and ethanol fuel).
(B) Section 4041(k)(3) (relating to termination of rates
relating to fuels containing alcohol).
(C) Section 4081(c)(8) (relating to termination of special
rate for taxable fuels mixed with alcohol).
(D) Section 4091(c)(5) (relating to termination of reduced
rate of tax for aviation fuel in alcohol mixture, etc.).
(2) Extension of refund authority.--Paragraph (4) of
section 6427(f) (relating to refund for gasoline, diesel
fuel, and aviation fuel used to produce certain alcohol
fuels), as amended by the Taxpayer Relief Act of 1997, is
amended by striking ``1999'' and inserting ``2007''.
(3) Credit for alcohol used as a fuel.--Paragraph (1) of
section 40(e) (relating to termination of credit for alcohol
used as a fuel) is amended--
(A) by striking ``December 31, 2000'' in subparagraph (A)
and inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2001'' and inserting ``January
1, 2008''.
(4) Tariff schedule.--Headings 9901.00.50 and 9901.00.52 of
the Harmonized Tariff Schedule of the United States (19
U.S.C. 3007) are each amended in the effective period column
by striking ``10/1/2000'' each place it appears and inserting
``10/1/2007''.
(b) Modification.--
(1) In general.--Subsection (h) of section 40 (relating to
alcohol used as fuel) is amended to read as follows:
``(h) Reduced Credit for Ethanol Blenders.--
``(1) In general.--In the case of any alcohol mixture
credit or alcohol credit with respect to any sale or use of
alcohol which is ethanol during calendar years 2001 through
2007--
``(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied
by substituting `the blender amount' for `60 cents',
``(B) subsection (b)(3) shall be applied by substituting
`the low-proof blender amount' for `45 cents' and `the
blender amount' for `60 cents', and
``(C) subparagraphs (A) and (B) of subsection (d)(3) shall
be applied by substituting `the blender amount' for `60
cents' and `the low-proof blender amount' for `45 cents'.
``(2) Amounts.--For purposes of paragraph (1), the blender
amount and the low-proof blender amount shall be determined
in accordance with the following table:
In the case of any sale or use The blender amount The low-proof
during calendar year: is: blender amount is:
2001 or 2002.................... 53 cents.......... 39.26 cents
2003 or 2004.................... 52 cents.......... 38.52 cents
2005, 2006, or 2007............. 51 cents.......... 37.78 cents.''.
(2) Conforming amendments.--
(A) Section 4041(b)(2) is amended--
(i) in subparagraph (A)(i), by striking ``5.4 cents'' and
inserting ``the applicable blender rate'', and
(ii) by redesignating subparagraph (C), as amended by
subsection (a)(1)(A), as subparagraph (D) and by inserting
after subparagraph (B) the following:
``(C) Applicable blender rate.--For purposes of
subparagraph (A)(i), the applicable blender rate is--
``(i) except as provided in clause (ii), 5.4 cents, and
``(ii) for sales or uses during calendar years 2001 through
2007, \1/10\ of the blender amount applicable under section
40(h)(2) for the calendar year in which the sale or use
occurs.''.
(B) Subparagraph (A) of section 4081(c)(4) is amended to
read as follows:
[[Page H3896]]
``(A) General rules.--
``(i) Mixtures containing ethanol.--Except as provided in
clause (ii), in the case of a qualified alcohol mixture which
contains gasoline, the alcohol mixture rate is the excess of
the rate which would (but for this paragraph) be determined
under subsection (a) over--
``(I) in the case of 10 percent gasohol, the applicable
blender rate (as defined in section 4041(b)(2)(C)) per
gallon,
``(II) in the case of 7.7 percent gasohol, the number of
cents per gallon equal to 77 percent of such applicable
blender rate, and
``(III) in the case of 5.7 percent gasohol, the number of
cents per gallon equal to 57 percent of such applicable
blender rate.
``(ii) Mixtures not containing ethanol.--In the case of a
qualified alcohol mixture which contains gasoline and none of
the alcohol in which consists of ethanol, the alcohol mixture
rate is the excess of the rate which would (but for this
paragraph) be determined under subsection (a) over--
``(I) in the case of 10 percent gasohol, 6 cents per
gallon,
``(II) in the case of 7.7 percent gasohol, 4.62 cents per
gallon, and
``(III) in the case of 5.7 percent gasohol, 3.42 cents per
gallon.''.
(C) Section 4081(c)(5) is amended by striking ``5.4 cents''
and inserting ``the applicable blender rate (as defined in
section 4041(b)(2)(C))''.
(D) Section 4091(c)(1) is amended by striking ``13.4
cents'' each place it appears and inserting ``the applicable
blender amount'' and by adding at the end the following:
``For purposes of this paragraph, the term `applicable
blender amount' means 13.3 cents in the case of any sale or
use during 2001 or 2002, 13.2 cents in the case of any sale
or use during 2003 or 2004, 13.1 cents in the case of any
sale or use during 2005, 2006, or 2007, and 13.4 cents in the
case of any sale or use during 2008 or thereafter.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2001.
SEC. 904. MODIFICATIONS TO HIGHWAY TRUST FUND.
(a) Determination of Trust Fund Balances After September
30, 1998.--
(1) In general.--Section 9503 (relating to Highway Trust
Fund) is amended by adding at the end the following new
subsection:
``(f) Determination of Trust Fund Balances After September
30, 1998.--For purposes of determining the balances of the
Highway Trust Fund and the Mass Transit Account after
September 30, 1998--
``(1) the opening balance of the Highway Trust Fund (other
than the Mass Transit Account) on October 1, 1998, shall be
$8,000,000,000, and
``(2) no interest accruing after September 30, 1998, on any
obligation held by such Fund shall be credited to such Fund.
The Secretary shall cancel obligations held by the Highway
Trust Fund to reflect the reduction in the balance under this
subsection.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 1998.
(b) Repeal of Limitation on Expenditures Added by Taxpayer
Relief Act of 1997.--
(1) In general.--Subsection (c) of section 9503 (relating
to expenditures from Highway Trust Fund) is amended by
striking paragraph (7).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 901 of the Taxpayer Relief Act of 1997.
(c) Limitation on Expenditure Authority.--Subsection (b) of
section 9503 (relating to transfers to Highway Trust Fund) is
amended by adding at the end the following new paragraph:
``(6) Limitation on transfers to highway trust fund.--
``(A) In general.--Except as provided in subparagraph (B),
no amount may be appropriated to the Highway Trust Fund on
and after the date of any expenditure from the Highway Trust
Fund which is not permitted by this section. The
determination of whether an expenditure is so permitted shall
be made without regard to--
``(i) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(ii) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this paragraph.
``(B) Exception for prior obligations.--Subparagraph (A)
shall not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before
October 1, 2003, in accordance with the provisions of this
section.''.
(d) Modification of Mass Transit Account Rules on
Adjustments of Apportionments.--Paragraph (4) of section
9503(e) is amended to read as follows:
``(4) Limitation.--Rules similar to the rules of subsection
(d) shall apply to the Mass Transit Account.''.
SEC. 905. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST
FUND.
(a) Increased Transfers.--
(1) Subparagraph (D) of section 9503(b)(4), as amended by
section 911, is amended by striking ``exceeds 11.5 cents per
gallon,'' and inserting ``exceeds--
``(i) 11.5 cents per gallon with respect to taxes imposed
before October 1, 2001,
``(ii) 13 cents per gallon with respect to taxes imposed
after September 30, 2001, and before October 1, 2003, and
``(iii) 13.5 cents per gallon with respect to taxes imposed
after September 30, 2003, and before October 1, 2005,''.
(2) Clause (ii) of section 9503(c)(4)(A) is amended by
adding at the end the following new flush sentence:
``In making the determination under subclause (II) for any
fiscal year, the Secretary shall not take into account any
amount appropriated from the Boat Safety Account in any
preceding fiscal year but not distributed.''
(b) Expansion of Expenditure Authority From Boat Safety
Account.--Section 9504(b)(2) (relating to expenditures from
Sport Fish Restoration Account) is amended--
(1) in subparagraph (A) by striking ``October 1, 1988),
and'' and inserting ``the date of the enactment of the
Transportation Equity Act for the 21st Century),'',
(2) in subparagraph (B) by striking ``November 29, 1990''
and inserting ``the date of the enactment of the
Transportation Equity Act for the 21st Century'', and
(3) by redesignating subparagraph (B) as subparagraph (C)
and by inserting after subparagraph (A) the following new
subparagraph:
``(B) to carry out the purposes of section 7404(d) of the
Transportation Equity Act for the 21st Century (as in effect
on the date of the enactment of such Act), and''.
(c) Extension and Expansion of Expenditure Authority From
Boat Safety Account.--Section 9504(c) (relating to
expenditures from Boat Safety Account) is amended--
(1) by striking ``1998'' and inserting ``2003'', and
(2) by striking ``October 1, 1988'' and inserting ``the
date of enactment of the Transportation Equity Act for the
21st Century''.
(d) Limitation on Expenditure Authority.--Section 9504
(relating to Aquatic Resources Trust Fund) is amended by
redesignating subsection (d) as subsection (e) and by
inserting after subsection (c) the following:
``(d) Limitation on Transfers to Aquatic Resources Trust
Fund.--
``(1) In general.--Except as provided in paragraph (2), no
amount may be appropriated or paid to any Account in the
Aquatic Resources Trust Fund on and after the date of any
expenditure from any such Account which is not permitted by
this section. The determination of whether an expenditure is
so permitted shall be made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this subsection.
``(2) Exception for prior obligations.--Paragraph (1) shall
not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before
October 1, 2003, in accordance with the provisions of this
section.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
SEC. 906. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.
(a) In General.--Section 4041(a)(1)(C)(ii) (relating to
rate of tax on trains) is amended--
(1) in subclause (II), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(2) in subclause (III), by striking ``September 30, 1999''
and inserting ``October 31, 1998''.
(b) Conforming Amendments.--
(1) Section 6421(f)(3)(B) is amended--
(A) in clause (ii), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(B) in clause (iii), by striking ``September 30, 1999'' and
inserting ``October 31, 1998''.
(2) Section 6427(l)(3)(B) is amended--
(A) in clause (ii), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(B) in clause (iii), by striking ``September 30, 1999'' and
inserting ``October 31, 1998''.
SEC. 907. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO
NONAMTRAK STATES.
(a) In General.--Section 977(e)(1)(B) of the Taxpayer
Relief Act of 1997 (defining qualified expenses) is amended--
(1) by striking ``and'' at the end of clause (iii), and
(2) by striking clause (iv) and inserting the following:
``(iv) capital expenditures related to State-owned rail
operations in the State,
``(v) any project that is eligible to receive funding under
section 5309, 5310, or 5311 of title 49, United States Code,
``(vi) any project that is eligible to receive funding
under section 103, 130, 133, 144, 149, or 152 of title 23,
United States Code,
``(vii) the upgrading and maintenance of intercity primary
and rural air service facilities, and the purchase of
intercity air service between primary and rural airports and
regional hubs,
``(viii) the provision of passenger ferryboat service
within the State,
``(ix) the provision of harbor improvements within the
State, and
``(x) the payment of interest and principal on obligations
incurred for such acquisition, upgrading, maintenance,
purchase, expenditures, provision, and projects.''
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
977 of the Taxpayer Relief Act of 1997.
SEC. 908. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR
APPROVED DIESEL OR KEROSENE TERMINALS.
Subsection (f) of section 1032 of the Taxpayer Relief Act
of 1997 is amended to read as follows:
``(f) Effective Dates.--
``(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect on July 1, 1998.
``(2) The amendment made by subsection (d) shall take
effect on July 1, 2000.''.
SEC. 909. SIMPLIFIED FUEL TAX REFUND PROCEDURES.
(a) In General.--Subparagraph (A) of section 6427(i)(2) is
amended to read as follows:
[[Page H3897]]
``(A) In general.--If, at the close of any quarter of the
taxable year of any person, at least $750 is payable in the
aggregate under subsections (a), (b), (d), (h), (l), and (q)
of this section and section 6421 to such person with respect
to fuel used during--
``(i) such quarter, or
``(ii) any prior quarter (for which no other claim has been
filed) during such taxable year,
a claim may be filed under this section with respect to such
fuel.''.
(b) Conforming Amendments.--
(1) Subsection (i) of section 6427 is amended by striking
paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(2) Paragraph (2) of section 6427(k) is amended to read as
follows:
``(2) Exception.--Paragraph (1) shall not apply to a
payment of a claim filed under paragraph (2), (3), or (4) of
subsection (i).''.
(3) Paragraph (2) of section 6421(d) is amended to read as
follows:
``(2) Exception.--
``For payments per quarter based on aggregate amounts payable under
this section and section 6427, see section 6427(i)(2).''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1998.
SEC. 910. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN
LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION
FRINGE BENEFITS.
(a) No Constructive Receipt.--
(1) In general.--Paragraph (4) of section 132(f) (relating
to qualified transportation fringe) is amended to read as
follows:
``(4) No constructive receipt.--No amount shall be included
in the gross income of an employee solely because the
employee may choose between any qualified transportation
fringe and compensation which would otherwise be includible
in gross income of such employee.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31,
1997.
(b) Inflation Adjustment Only After 1999.--
(1) In general.--Paragraph (6) of section 132(f) (relating
to qualified transportation fringe) is amended to read as
follows:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 1999, the dollar amounts
contained in subparagraphs (A) and (B) of paragraph (2) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 1998' for
`calendar year 1992'.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $5, such increase shall
be rounded to the next lowest multiple of $5.''.
(2) Conforming amendments.--Section 132(f)(2) is amended--
(A) by striking ``$60'' in subparagraph (A) and inserting
``$65'', and
(B) by striking ``$155'' in subparagraph (B) and inserting
``$175''.
(3) Effective Date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
1998.
(c) Increase in Maximum Exclusion for Employer-Provided
Transit Passes.--
(1) In general.--Subparagraph (A) of section 132(f)(2)
(relating to limitation on exclusion) is amended by striking
``$65'' and inserting ``$100''.
(2) New base period for inflation adjustment.--Subparagraph
(A) of section 132(f)(6) is amended by adding at the end the
following flush sentence:
``In the case of any taxable year beginning in a calendar
year after 2002, clause (ii) shall be applied by substituting
`calendar year 2001' for `calendar year 1998' for purposes of
adjusting the dollar amount contained in paragraph (2)(A).''.
(3) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31,
2001.
SEC. 911. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.
(a) In General.--Section 9511 (relating to National
Recreational Trails Trust Fund) is repealed.
(b) Conforming Amendments.--
(1) Section 9503(c) is amended by striking paragraph (6).
(2) Subparagraph (D) of section 9503(b)(4) is amended to
read as follows:
``(D) in the case of gasoline and special motor fuels used
as described in paragraph (4)(D) or (5)(B) of subsection (c),
section 4041 or 4081 with respect to so much of the rate of
tax as exceeds 11.5 cents per gallon,''.
(3) The table of sections for subchapter A of chapter 98 is
amended by striking the item relating to section 9511.
SEC. 912. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO
LINE ITEM VETO.
For purposes of part C of title X of the Congressional
Budget and Impoundment Control Act of 1974 (relating to line
item veto), the Joint Committee on Taxation has determined
that this title does not contain any limited tax benefit (as
defined in such part).
And the Senate agree to the same.
Pursuant to the order of the House on April 1, 1998, the
Speaker appointed the following conferees for consideration
of the House bill (except title XI) and the Senate
amendment
(except title VI), and modifications committed to conference:
Bud Shuster,
Thomas E. Petri,
Sherwood L. Boehlert,
Jay Kim,
Stephen Horn,
Tillie K. Fowler,
Richard H. Baker,
Robert W. Ney,
Jack Metcalf,
James L. Oberstar,
Nick Rahall,
Robert A. Borski,
Robert E. Wise, Jr.,
Jim Clyburn,
Bob Filner,
As additional conferees from the Committee on Commerce, for
consideration of provisions in the House bill and Senate
amendment relating to the Congestion Mitigation and Air
Quality Improvement Program; and sections 124, 125, 303, and
502 of the House bill; and sections 1407, 1601, 1602, 2103,
3106, 3301-3302, 4101-4104, and 5004 of the Senate amendment
and modifications committed for conference:
Tom Bliley,
Michael Bilirakis,
John D. Dingell,
Provided that Mr. Tauzin is appointed in lieu of Mr.
Bilirakis for consideration of sections 1407, 2103, and 3106
of the Senate amendment.
Billy Tauzin,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Jim Nussle,
Kenny C. Hulshof,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Charles B. Rangel,
Managers on the Part of the House.
From the Committee on Environment and Public Works:
John W. Chafee,
John Warner,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Craig Thomas,
Christopher S. Bond,
Tim Hutchinson,
Wayne Allard,
Max Baucus,
Daniel Patrick Moynihan,
Harry Reid,
Bob Graham,
Joseph Lieberman,
Barbara Boxer,
From the Committee on Finance:
William V. Roth, Jr.,
Chuck Grassley,
Orrin Hatch,
John Breaux,
Kent Conrad,
From the Committee on Banking, Housing, and Urban Affairs:
Alfonse D'Amato,
Phil Gramm,
Paul Sarbanes,
Chris Dodd,
From the Committee on Commerce, Science, and Transportation:
Ernest Hollings,
From the Committee on the Budget:
Pete Domenici,
Don Nickles,
Patty Murray,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate
at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2400) to authorize
funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference
report:
The Senate amendment struck all of the House bill
after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences
between
the House bill, the Senate amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
TITLE I--FEDERAL-AID HIGHWAYS
Short Title, Table of Contents
House bill
The title of the House bill is the ``Building Efficient
Surface Transportation And Equity Act of 1998,'' ``BESTEA.''
Section 1 of the House bill also includes a table of
contents.
Senate amendment
The title of the Senate amendment is the ``Intermodal
Surface Transportation Efficiency Act of 1998,'' of ``ISTEA
II.'' Section 1 of the Senate amendment also includes a table
of contents for the bill.
Conference substitute
The Conference adopts a substitute provision. The title of
the bill is ``Transportation Equity Act for the 21st
Century'' or ``TEA 21.''
[[Page H3898]]
Definitions
House bill
The House bill includes definitions for two terms in the
free-standing provisions. The term ``Interstate System'' has
the meaning given the term by section 101 of title 23 of the
United States Code. The term ``Secretary'' is the Secretary
of Transportation.
Senate amendment
For the purpose of the free-standing provisions, the Senate
amendment defines the term ``Secretary'' as the Secretary of
Transportation.
Conference substitute
The conference adopts the House provision.
Savings Clause
House bill
The House bill provides that amendments made by this Act
shall not affect any apportionment or allocations of any
funds that occurred before the date of enactment of this Act
unless the bill specifically directs that the allocation or
apportionment be modified.
Senate amendment
The Senate amendment contains no provision similar to the
House savings clause.
Conference substitute
The Conference does not include the House provision.
Amendments to Title 23
House bill
Section 101 of the House bill directs that each amendment
in the bill, or repeal of a section or other provision of
law, is an amendment to title 23 of the United States Code
unless the bill states otherwise.
Senate amendment
The Senate amendment contains no provision comparable to
the Hose provision.
Conference substitute
The conference report adopts the House provision.
Short Title for Title I
House bill
The House bill contains no comparable provision.
Senate amendment
The Senate amendment includes a short title for the first
title of the bill covering highway programs. This title may
be cited as the ``Surface Transportation Act of 1998''.
Conference substitute
The conference report does not include the Senate
provision.
Division or Segmentation of Projects
House bill
The House bill authorizes a State carrying out a project
with Federal funds to divide or segment the project provided
that the division or segmentation complies with the
requirements of the National Environmental Policy Act of
1969.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision. This provision
clarifies that by listing high priority projects in
subsection 127(c) of this Act and similar projects in
previous legislation, Congress is establishing the limits of
the projects for purposes of eligibility for associated
Federal-aid highway funding. The listing or identification of
a project is not intended to define the scope of the project
for purposes of complying with all Federal requirements,
including those of the National Environmental Policy Act
(NEPA). As the associated Federal-aid highway funding for
these projects typically is not sufficient to finance the
Federal share of all improvements within the project limits,
Congress recognizes that a State needs the flexibility to
advance logical segments of the overall project. Any segment
of a project must still have to connect logical termini, have
independent utility, and not restrict consideration of
alternatives for other reasonably foreseeable transportation
improvements. This provision does not waive safety or
contracting requirements for the underlying segment.
In the case of the South Lawrence Trafficway in Kansas, the
State may advance the segment between U.S. 59 and Kansas
Route 10 as a non-Federally funded project without triggering
NEPA.
Technical Amendment Metropolitan Planning Set Aside
House bill
Section 104(e) amends the metropolitan planning set aside
provision of section 104(f) of title 23, United States Code
by deleting the references to outdated funding programs and
providing that the set aside shall not be deducted from funds
for the Recreational Trails Program.
Senate amendment
Section 1112(b)(1) makes minor technical amendments to the
metropolitan planning set aside provision in section 104(f)
of title 23, United States Code.
Conference substitute
The Conference adopts the House provision.
Audits of the Highway Trust Fund
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(e) amends section 104(i) of title 23, United
States Code to authorize the Secretary to use administrative
funds to reimburse the Office of Inspector General of the
Department of Transportation for annual audits of financial
statements in accordance with section 3521 of title 31,
United States Code.
Conference substitute
The Conference adopts the Senate provision.
Notice to the States
House bill
Section 104(d) makes technical corrections to section 104
of title 23, United States Code. It also directs the
Secretary to transmit to Congress within 21 days a written
statement setting forth the reason for not making an
apportionment in a timely manner. This section has been
included in response to the withholding of apportionments in
fiscal year 1997. The apportionments were held up for several
months due to an error in crediting receipts into the Highway
Trust Fund. Ultimately, a correction was made resulting in
the redistribution of nearly $1 billion in federal-aid
highway funds. The withholding was done administratively.
This amendment would require a written explanation of any
withholding in the future.
Senate amendment
Section 1102(f)(1) makes technical corrections to section
104 of title 23, United States Code.
Conference substitute
The Conference adopts the House provision.
Technical Amendments
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(f)(1) and (2) make technical corrections to
section 104 of title 23, United States Code.
Conference substitute
The Conference adopts the Senate provision.
Repeal of Section 150
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1102(g)(2) repeals section 150 of title 23, United
States Code. Section 150 provided for the allocation of funds
based on an outdated concept of urban systems.
Conference substitute
The Conference adopts the Senate provision.
Surface Transportation Obligations in Urban Areas
House bill
Subsection 108(g) extends the current provision in
subsection 133(f) requiring the proportional obligation of
surface transportation program funds made available for urban
areas over the period from 1998 through 2003.
Senate amendment
Section 1104 continues current procedure in subsection
133(f) of title 23, United States Code regarding the sub-
allocation of surface transportation program (``STP'') funds
to urbanized areas. The purpose of this requirement is to
ensure that the obligation rate of the STP funds for
urbanized areas within a State is consistent with the larger
obligation rate for all Federal-aid highway apportionments
within the State. This section amends current law to require
States to comply with obligation rates over two equal three-
year periods, as opposed to the existing requirement of
complying over a single six-year period.
Conference substitute
The Conference adopts the Senate provision.
Emergency Relief
House bill
Section 117(a)(1) makes several technical corrections to
the Federal share payable section under the Emergency Relief
Program.
Senate amendment
Section 1105 restates the eligibility for highway and
bridge projects and the funding requirements for the
emergency relief (``ER'') program. ER funds can be used only
for emergency repairs done to restore essential highway
traffic, to minimize the extent of damage resulting from a
natural disaster or catastrophic failure, or to protect the
remaining facility. The Secretary is also authorized to
borrow amounts necessary from any program under title 23 for
emergency relief work. Any additional funds used shall be
reimbursed with future ER appropriations. The purpose of
allowing the Secretary to borrow funds from title 23 programs
is to provide a ``cushion'' to allow project work to continue
if all ER program funds are used. This section also amends
current law, which limits the availability of ER funds to two
years, to make them available until expended.
Conference substitute
The Conference adopts the Senate provision.
Access to Kennedy Center
House bill
Section 117(e) requires the Secretary, in cooperation with
the District of Columbia,
[[Page H3899]]
the John F. Kennedy Center for the Performing Arts, and the
Department of the Interior, and in consultation with other
interested persons, to conduct a study of methods to
improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts. The bill
authorizes $500,000 to be taken out of the Highway Trust
fund for the study.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Smithsonian Transportation Program
House bill
Section 117(f) provides assistance to the Smithsonian
Institute for transportation-related activities, including
exhibitions and educational outreach programs, the
acquisition of transportation-related artifacts, and
transportation-related research programs. The bill authorizes
$5 million annually for this assistance.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitution
The Conference adopts the House provision with a reduction
in the annual authorization to $1 million.
Recreational Trails
House bill
Section 114 codifies the Recreational Trails Program
authorized in ISTEA as Section 205 of Title 23. The program
distributes to States a portion of gas tax revenues
attributable to non-highway use for trail projects. The
Secretary is required to administer this program for the
purpose of providing and maintaining recreational trails. The
Federal share for the program is 50 percent of cost. Certain
other Federal programs can be used as matching funds.
Eligible costs include educational programs, the development,
construction and rehabilitation of trails, and the
acquisition of easements. The existing ISTEA provision
relating to recreational trails is repealed. The Secretary is
to encourage the use of youth conservation or service corps
in completing appropriate trails projects.
The 30 percent figures under the Assured Access to Funds
requirement and the 40 percent figure under the Diversified
Trail Use requirement are minimum requirements that could be
exceeded. States should not treat their projects as if they
were meeting three mutually exclusive categories. There can
be overlap between the Diversified Trail use requirement and
the Assured Access requirements. There should be diversified
motorized use projects, diversified non-motorized use
projects, and projects that benefit both motorized and non-
motorized use simultaneously.
Senate amendment
Section 1107 continues the existing Recreational Trails
Program. Under this provision, the Recreational Trails
Program is to be funded through contract authority from the
Highway Trust Fund. The annual contract authority is as
follows: $17,000,000 for fiscal year 1998; $20,000,000 for
fiscal year 1999; $22,000,000 for fiscal year 2000;
$23,000,000 for fiscal year 2001; $24,000,000 for fiscal year
2002; and $25,000,000 for fiscal year 2003. The provision of
current law relating to the National Recreational Trails
funding is repealed.
The Federal share payable for projects under the
Recreational Trails Program is increased from 50 percent to
80 percent. In addition to the Department of Transportation,
other Federal agencies may contribute additional funds for a
Recreational Trails project. However, the Department of
Transportation share for any individual project may not
exceed 80 percent; the combined share of all Federal agencies
may not exceed 95 percent. The Federal share for this program
is consistent with the Federal share available for other
Federal-aid projects.
This section retains the current requirement regarding the
States' use of annual apportionments: at least 30 percent of
Federal funds must be used to facilitate non-motorized
recreation; another 30 percent of the funds must be used for
motorized recreational purposes. A State must use the
remaining amount of funds for diverse recreational purposes,
including both motorized and nonmotorized recreational trail
use. Experience with implementing Recreational Trail projects
in the past has shown that project sponsors for nonmotorized
trail projects were significantly disadvantaged in meeting
the higher non-Federal matching requirements.
To the extent practicable and consistent with other
requirements, States are to give consideration to projects
that benefit the natural environment or mitigate and minimize
impacts to the environment.
The amount that the Secretary may deduct to pay the costs
for administration of the program is reduced from three
percent to one percent.
Conference substitute
The Conference substitute adopts the Senate language with
several modifications. The substitute clarifies that a State
may use funds appropriated under this section for
construction of new trails only if the construction is
permissible under some other law or is otherwise required by
a statewide comprehensive outdoor recreational plan in effect
required by the Land and Water Conservation Found Act. It
places a cap on the amount that a state can expend on
educational programs to promote safety and environmental
protection at 5% of annual apportionments.
The substitute provision also modifies existing law to
exclude all small states with a total land area of less than
3,500,000 acres from the requirement to expend annual
apportionments for trails and trails related projects in a
ratio of 40% diverse use, 30% motorized use and 30%
nonmotorized use. The substitute further provides that a
State trail advisory committee may waive the trails diversity
requirement if the State notifies the Secretary that the
State does not have sufficient projects to meet the diversity
requirements.
It adds a new section which allows States to make grants
under section 104(h) to private organizations, municipal,
county, state and Federal governmental entities after
considering guidance from the recreational advisory committee
for uses consistent with this section.
Termination of Recreational Trails Advisory Committee
House bill
Subsection 114(d) terminates the Recreational Trail
Advisory Committee by the end of fiscal year 2000.
Senate amendment
Section 1208(c) terminates the National Recreational Trails
Advisory Committee as soon as is practicable. The Advisory
Committee was established in ISTEA and tasked to (1) review
the allocation and utilization of moneys under the
Recreational Trails program; (2) establish review criteria
for trail-side and trail-head facilities; and (3) recommend
changes in Federal policy to advance the purposes of the
program. The Advisory Committee has completed these tasks and
is no longer necessary. This provision does not affect the
State advisory committees that are responsible for
implementing the Recreational Trails Program.
Conference substitute
The Conference adopts the House provision.
Encouragement of Youth Conservation Corps
House bill
Subsection 114(c) encourages the use of qualified youth
conservation or service corps to construct and maintain
recreational trail projects.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Value Pricing Pilot Program
House bill
Section 119 establishes a variable pricing pilot program.
The Secretary may enter into cooperative agreements with up
to 15 States to conduct and monitor the pilot projects. The
Federal share for a pilot program is 80 percent of the total
cost of the program, although the Federal share for any
portion of a project may be up to 100 percent. The provision
authorizes full Federal participation in the start-up,
development, and pre-implementation costs associated with a
pilot program for up to three years.
Single occupancy vehicles that are part of a pilot program
may operate in high occupancy vehicle (HOV) lanes.
Pilot programs must include an analysis of how the program
affects low income drivers.
Senate amendment
Section 1108 renames the congestion pricing pilot program
as the value pricing pilot program and codifies the program
in title 23, United States Code.
A number of States and local governments have used funds
provided under ISTEA to complete feasibility studies and
implementation of value pricing projects. This section
provides funding and additional flexibility to allow States
to continue to implement these projects. In addition, it
expands the program, increasing the number of pilot programs
eligible for funding from five to 15, and lifting the
restriction that only three projects can be conducted on the
Interstate System. Funds available under this section may be
used for all pre-implementation and design costs to give
States more flexibility to study options for different types
of value pricing projects.
This section also includes an exemption from the HOV
requirement of Section 102(b) of title 23 to permit single
occupancy vehicles to operate in HOV lanes if the vehicles
are part of a value pricing program.
It is expected that each value pricing project will include
a thorough evaluation of the project's effects, including its
impacts on congestion, air quality, transit use, and other
social and economic effects.
Conference substitute
The Conference adopts the Senate provision with two
modifications. First, it prohibits federal funding of pre-
implementation, development and startup costs after three
years as provided in the House bill. Second, it requires each
pilot program to include, where appropriate, an analysis of
the impact of the program on low income drivers.
Highway Use Tax Evasion Projects
House bill
Section 122 amends section 1040 to specify that all funds
provided for this program are
[[Page H3900]]
contract authority. It requires funding provided under this
section to be used to create an automated fuel reporting
system to improve the tracking of motor fuels subject to
Federal and state excuse taxes.
Senate amendment
Section 1109 eliminates two obsolete tax evasion study
requirements in current law. It eliminates the annual report
on motor fuel tax enforcement activities and the report on
the feasibility and desirability of using dye and markers to
aid in motor fuel tax enforcement activities.
This section codifies and expands the successful tax
evasion program in section 1040 of ISTEA. It provides $5
million in contract authority for each of fiscal years 1998
through 2003 to continue joint FHWA-IRS-State motor fuel tax
compliance projects across the Nation, as established in
section 1040 of ISTEA. All costs of tax evasion projects are
to be paid by the Federal Government.
This section also authorizes an additional $8 million for
the Secretary to complete the development of an excise fuel
reporting system, as well as $2 million annually for the
operation and maintenance of the system. This system will
provide essential information regarding data on import and
refinery production of motor fuel to compare with terminal
fuel receipts and fuel deliveries. This new program, along
with the continuing program, is necessary to help ensure that
the successful, coordinated regional and national approach to
combat fuel tax fraud can continue and improve.
The Conference adopts the Senate provision with one
modification. The substitute expressly provides the excise
fuel reporting system with contract authority.
Bicycle Transportation and Pedestrian Walkways
House bill
Section 137 amends section 217 of title 23 to make a number
of clarifying changes and to require that bicyclists and
pedestrians be included in the planning process and to allow
electric bicycles on trails when State or local regulations
permit. The provision clarifies the requirements under
section 109(n) of title 23 related to the impact on non-
motorized transportation of a Federal-aid highway project. It
also requires that bicycle safety be taken into account when
States undertake rail-highway crossing projects under section
130 of the title 23. Such safety devices shall include
installation and maintenance of audible traffic signal and
audible signs.
Senate amendment
Section 1110 builds on ISTEA by expanding the amount of
funds available to be used to encourage bicycling and walking
as alternative modes of transportation. This provision amends
section 217 of title 23, United States Code, to include the
construction of pedestrian walkways as an eligible use of a
State's National Highway System (NHS) apportionments under
the same criteria by which bicycle transportation facilities
currently are eligible. This section eliminates the
restriction on the use of NHS funds for the construction of
bicycle transportation facilities on land adjacent to the
Interstate System and amends current law to allow the safe
accommodation of bicycles on highway bridges located on fully
access-controlled highways, if the bridge is being replaced
or rehabilitated with Federal funds. The Department is
encouraged to work with the States to ensure that bicycling
and pedestrian interests are represented in State and MPO
decisionmaking.
The planning provisions in sections 134 and 135 of title 23
are amended to provide that bicyclists and pedestrians shall
be given consideration in the comprehensive Statewide and
metropolitan planning processes, and that the inclusion of
bicycle and pedestrian facilities shall be considered, where
appropriate and permitted, in conjunction with all new
construction and reconstruction of transportation facilities.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute clarifies that safety devices
such as installation of audible traffic signals and audible
signs shall be considered where appropriate. It also retains
current law section 217(i) which clarifies that eligible
bicycle projects must be principally for transportation,
rather than recreation, purposes.
Highway and Street Design Standards
House bill
Subsection 137(d) requires a study of highway and street
design standards to accommodate bicycles.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference does not include a study requirement.
Design Guidance
House bill
Subsection 137(f) requires the Department of
Transportation, in cooperation with the American Association
of State Highway and Transportation Officials (AASHTO), the
Institute of Transportation Engineers, and other interested
organizations, to issue within one year design guidance to
accommodate bicycle and pedestrian travel.
Senate amendment
The Senate amendment contains no comparable provision.
Conference substitute
The Conference adopts the House provision with two
modifications. First, the substitute clarifies that the
guidance must include recommendations to amend and update
AASHTO policies relating to highway and street design
standards. Second, it extends the deadline for the issuance
of the guidance to 18 months.
Disadvantaged Business Enterprises
House bill
Subsection 102(b) continues the Disadvantaged Business
Enterprise provisions. It also allows an entity or person
that is prevented under Federal court order from complying
with the DBE provision to continue to be eligible to receive
Federal funds. The Comptroller General is required to conduct
a study of the DBE program within three years of enacted of
this act. Recent court decisions have established new
standards for review of the constitutionality of programs
such as the DBE provisions enacted in prior surface
transportation acts and that the courts are now determining
whether the DBE programs comply with those standards. The
Department of Transportation is reviewing the DBE program in
light of recent court rulings and has proposed new
regulations to ensure that the program withstands
constitutional muster. Section 102(b) of the reported bill
makes no changes to these provisions preferring to let the
courts resolve these issues. However, the Committee will
continue to monitor DOT's administration of this program and
gage the impact of court decisions on these provisions.
This provision is intended to ensure that grant recipients
under this Act will continue to be eligible to continue to
receive federal funds even if a federal court has entered a
final order finding the DBE program to be unconstitutional.
The possibility of legal challenges that may affect a
limited number of States or transit agencies. This provision
is intended to ensure that any affected recipients will not
be unfairly penalized for complying with a final order of a
Federal court finding the DBE program to be unconstitutional.
Senate amendment
Section 1111 continues the provisions in current law
regarding the disadvantaged businesses enterprise (DBE)
program. The DBE program, which originated in the Surface
Transportation Assistance Act of 1982, requires that 10
percent of the funds provided under title I of this Act be
expended with small business concerns owned and controlled
by socially and economically disadvantaged individuals,
except to the extent that the Secretary of Transportation
determines otherwise.
In 1995, the Supreme Court decided Adarand v Pena, which
heightened the standard of judicial review applicable to
Federal affirmative action programs. The case involved a
Caucasian subcontractor who submitted a low bid on a Federal
lands highway construction contract, but lost to a company
that was certified as ``disadvantaged.'' Adarand filed suit,
alleging that he was denied the equal protection guaranteed
by the Fifth amendment. The Court agreed in a 5-4 decision
that Federal race classifications, such as the DBE program,
must be subject to strict scrutiny. In other words, the
program must: (1) serve a compelling government interest, and
(2) be narrowly tailored to address that compelling interest,
which in this case is fighting discrimination.
It is important to note that the Supreme Court did not
strike down the DBE program or any other Federal affirmative
action program. That means that if the program in question
meets the new test outlined by the Court, it is
Constitutional and may continue to exist. In the case of the
DBE program, the Department of Transportation has determined
that the Constitutional concerns can be addressed through
changes in the Department's regulations. To that end, the
Department has proposed a number of regulations intended to
address the ``narrow tailoring'' requirements of ``strict
scrutiny'' by (1) giving priority to race-neutral measures in
meeting program goals, and (2) limiting the potential adverse
effects of the program on other parties.
Conference substitute
The Conference adopts the Senate provision.
Federal Share Payable
House bill
Section 134(c) technically changes to the Federal share on
certain projects from a strict percentage to a limitation.
This will allow for an increased non-Federal share at a
State's option. It does not allow the Secretary to impose a
lower match.
Senate amendment
Section 1112(a) amends section 120 of title 23, United
States Code, to allow a State, if it chooses, to reduce the
Federal share of a Federal-aid highway project. This change
will give States the flexibility to carry out more projects
than would be possible with a straight 20 percent non-Federal
share. Nothing in this section is intended to require a State
to lower the Federal share payable on any project funded
under this title.
Conference substitute
The Conference adopts the Senate provision.
Increased Federal Share for Transit Vehicles
House bill
Subsection 120(a) amends section 120 of title 23 to provide
that the Federal share of
[[Page H3901]]
priority control systems for transit vehicles may be up to
100 percent.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision.
Credit for Non-Federal Share
House bill
Subsection 120(b) allows States to apply toll revenues used
for specified capital improvements to their non-Federal share
requirement for title 23 projects and for chapter 53 of title
49. To receive this credit, a State must maintain its average
non-Federal transportation capital expenditure for the
preceding three fiscal years.
Senate amendment
Section 1112(a)(2) codifies a provision established in
ISTEA which allows States to apply toll revenues used for
specified capital improvements to their non-Federal share
requirement for title 23 projects. To receive this credit, a
State must meet a maintenance of effort test, and therefore,
must maintain its average non-Federal transportation capital
expenditure for the preceding three fiscal years. The
provision allows a State to drop a ``high year'' from the
three year maintenance of effort test, if that year is at
least 30 percent greater than the average for the two other
preceding years.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute language includes the exception
clause for the maintenance of effort test provided for in the
Senate language. In addition, the substitute language
clarifies that payments on transportation-related bonds are
considered a ``transportation expenditure''.
Toll Road Credits
House bill
Subsection 133(e) clarifies that private entity
expenditures for construction of specific toll roads in
Southern California may be credited to the State's non-
Federal share.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute amends section 120 of title 23
and provides that private entity expenditures used to
construct toll roads open to traffic may be used toward the
matching share in all States.
Interstate Reconstruction Pilot Program
House bill
Subsection 120(c) creates an Interstate System
Reconstruction and Rehabilitation Pilot Program. This program
allows up to three facilities to be tolled, provided the toll
revenues are used to improve that facility. Any State wishing
to participate in the pilot program must enter into an
agreement with the Secretary to ensure that no toll revenues
are diverted to another facility or purpose. The provision
specifies eligibility and selection criteria.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The conference adopted the House provision to allow a State
to toll segments of the Interstate system. The provision
allows up to three states to participate provided that
revenues generated from the tolls will be used to
reconstruct, improve or maintain the facility. The conferees
understand that certain segments of the Interstate require
substantial maintenance and rehabilitation funding above
available resources, such as Interstate 80 in Pennsylvania.
Technical Amendment--Federal Share Payable
House bill
Paragraph 104(e)(2) provides a technical conforming
amendment to section 120.
Senate amendment
Paragraph 1112(b)(1) provides a technical amendment to 23
U.S.C. 120 concerning the Federal share payable for title 23
projects to conform subsections 120(a) and (b) to subsection
120(i), which allows the State to determine a lower Federal
share.
Conference substitute
The Conference adopts the House provision.
Technical Amendment--Federal Share Payable
House bill
The House bill contains no comparable provision.
Senate amendment
Paragraph 1112(b)(2) provides a technical amendment to 23
U.S.C. 120 to conform this subsection to 23 U.S.C. 121,
relating to payments made to States for the cost of
construction.
Conference substitute
The Conference adopts the Senate provision.
Study: Highway Economic Requirement
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(a) requires the General Accounting Office
(GAO) to report to Congress on the Department's methodology
for determining highway needs using the Highway Economic
Requirement System (HERS), a computer program developed to
use economic criteria and engineering criteria in estimating
highway investment requirements. The GAO is required to
provide Congress with an assessment of the extent to which
the model is useful in estimating an optimal level of highway
infrastructure investment three years after this Act is
enacted.
Conference substitute
The Conference adopts the Senate provision.
Study: International Roughness Index
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(b) requires the Comptroller General to
submit a report to the Congress on the International
Roughness Index (IRI), an index that is being used to measure
the pavement quality of the Federal-aid highway system. The
IRI is a data input used in the HERS model. Concerns have
been raised as to the reliability of the IRI measurement
across different manufacturers and types of pavements and
this study shall indicate the extent to which the IRI
measurement is reliable.
Conference substitute
The Conference adopts the Senate provision.
Report: Rates of Obligation
House bill
The House bill contains no comparable provision.
Senate amendment
Subsection 1113(c) requires the Secretary to report
annually on the rates of obligation of funds apportioned
under Federal-aid highway programs. The report shall include
information regarding funding category or subcategory, type
of improvement, and substrate geographic area.
Conference substitute
The Conference adopts the Senate provision with a
modification to clarify that the report shall include all
final apportioned programs.
109 Study: Procurement Practices
House bill
Subsection 139(b) requires the GAO to evaluate procurement
practices and project delivery. The study shall access the
impact a utility company's failure to relocate in a timely
manner has on the delivery and cost of Federal-aid highway
and bridge projects.
Senate amendment
Subsection 1113(d) requires the General Accounting Office
(GAO) to conduct a study on Federal-aid highway procurement
practices and project delivery. The study shall access the
impact that a utility company's failure to relocate in a
timely manner has on the delivery and cost of Federal-aid
highway and bridge projects.
Conference substitute
The Conference adopts the House provision.
Definitions
House bill
Section 143 organizes the definitions for title 23
alphabetically.
Senate amendment
Section 1114 provides definitions for the terms ``Federal-
aid highway funds'' and ``Federal-aid highway program.''
These phrases are used throughout title 23, but are not
defined in current law. The addition of these clarifying
definitions is not intended to change the implementation of
any section under current law. The section reorganizes the
Definitions for title 23 alphabetically.
Conference substitute
Unresolved.
Definitions: Enhancements
House bill
Section 143 amends the definition of a transportation
enhancement activity. It specifies that a transportation
enhancement activity must have a direct link to surface
transportation. It also expands the definition to allow the
removal of graffiti and litter among the list of eligible
activities, as well as environmental mitigation to reduce
vehicle-caused wildlife mortality while maintaining habitat
connectivity. In addition, it adds construction of tourist
and welcome centers as an eligible activity.
Senate amendment
Subsection 1223(d) amends subsection 101(a) by providing
that tourist and welcome center facilities associated with
scenic or historic highway programs are eligible for funding
under the enhancement program.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute requires that transportation
enhancement activities have a relationship, rather than a
direct link, to surface transportation. It does not include
graffiti and litter removal as eligible activities. It
retains the Senate provision regarding eligibility of tourist
and welcome centers. In order to be eligible under the
enhancement program, the tourist or welcome center (whether a
new facility or existing facility) does not have to be on a
designated scenic or historic byway, but there must be a
clear link to scenic or historical sites. It adds
transportation-related museums as an eligible activity.
[[Page H3902]]
Definitions: Operational Improvement
House bill
Subsection 143 of the House bill provides technical
amendments to, but does not change the definition of
operational improvement from current law.
Senate amendment
This section revises the definition of ``operational
improvement'' in section 101(a) of title 23, United States
Code, to include the installation, operation, or maintenance
of certain Intelligent Transportation Systems infrastructure
projects. The installation, operation or maintenance of
communications systems, roadway weather information and
prediction systems, and other improvements designated by the
Secretary that enhance roadway safety during adverse weather
are also incorporated into the revised definition.
Conference substitute
The Conference adopts the House provision.
Hazard Elimination
House bill
Subsection 143 of the House bill provides technical
amendment to, but does not change this definition from
current law.
Senate amendment
Subparagraph 1404(b)(1)(A) amends the definition of
``highway safety improvement project'' by deleting the
reference to ``highway''.
Conference substitute
The Conference adopts the House provision with a
modification. The reference to ``highway'' is deleted. In
carrying out this provision, States should minimize any
negative impact on safety and access for bicyclists and
pedestrians in accordance with Section 217 of title 23,
U.S.C.
Project Approval and Oversight
House bill
Section 143 amends section 101 of title 23 by providing a
definition for ``project agreement.'' It is defined as the
formal instrument required under the project agreement
provision in title 23.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification. It provides a conforming amendment to recognize
that section 110 regarding project agreements is repealed and
the portion of the provision relating to project agreements
is moved to section 106.
Cooperative Federal Lands Program
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1115 establishes a new section 207 in chapter 2 of
title 23, United States Code, which provides a funding source
for public roads or bridges owned by States or their
political subdivisions that cross, are adjacent to, or
provide access to, Federal lands and Indian reservations
(including reservoirs owned by the Army Corps of Engineers).
The purpose of this program is to supplement the efforts of
the Federal government in developing and maintaining roads or
bridges that serve federally owned land and Indian
reservations (including reservoirs owned by the Army Corps of
Engineers).
The Cooperative Federal Lands Transportation Program
ensures that funding will be provided for projects in States
where greater than 4.5 percent of the land within the state
borders is held in trust or owned by the Federal government.
Funds are provided directly to these States for projects that
provide access to Federal lands and Indian reservations. This
section provides $74 million in contract authority per year
from the Highway Trust Fund.
Conference substitute
The Conference does not adopt the Senate provision, but
transfers the $74 million in contract authority to the
Federal Lands Highway Program.
Bridge Set Aside for New Jersey
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to set-aside $20 million each
fiscal year from the I-4R program and allocate it to any
State that: (1) receives less in the bridge apportionment
factors used in the Interstate and National Highway System
program and the Surface Transportation Program compared with
the funds a State received under the bridge program in 1997;
and (2) was apportioned at least $125 million in 1997. These
funds shall be available for highway bridge projects.
States that have transferred more than 10 percent of the
funds apportioned under the bridge program in 1995 through
1997 to other Federal-aid transportation projects are not
eligible for an allocation from this program.
Conference substitute
The Conference does not adopt the Senate provision.
Bridge Set Aside Missouri
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to set-aside $15 million each
fiscal year from the I-4R program and allocate it to any
State whose bridges have an average life of at least 46 years
as of the date of enactment of this Act.
States that have transferred more than 10 percent of the
funds apportioned under the bridge program in 1995 through
1997 to other Federal-aid transportation projects are not
eligible for an allocation from this program.
Conference substitute
The Conference does not adopt the Senate provision.
Bridge Set Aside Arkansas
House bill
The House bill contains no comparable provision.
Senate amendment
The Secretary is required to allocate $10 million to States
that meet specific per capita personal income and Federal-aid
Highway apportionment criteria from the I-4R program.
Conference substitute
The Conference does not adopt the Senate provision.
National Highway System Components
House bill
Subsection 106(c) modifies the National Highway System to
include intermodal connectors on the map submitted to
Congress by the Secretary on May 24, 1996.
Senate amendment
Section 1121 establishes the National Highway System (NHS)
as those routes and transportation facilities depicted on
maps submitted by the Secretary with the report ``Pulling
Together: The National Highway System and its Connections to
Major Terminals.''
Conference substitute
The Conference adopts the Senate provision with minor
technical clarifications.
Study: Intermodal Freight Connectors
House bill
Subsection 106(h) directs the Secretary to report to
Congress not later than 24 months after the date of enactment
of this Act on the condition of and the improvements made to
connectors on the National Highway System that serve
intermodal freight transportation facilities.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with
modifications to clarify that the purpose of the report is to
identify impediments to improving intermodal connectors
including impediments related to the planning process,
availability of funding, and other issues identified by the
Secretary.
National Highway System Sign Competition
House bill
Subsection 106(h) directs the Secretary to conduct a
national competition among children under the age of 14 to
design a logo sign for the National Highway System.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Safety Belt Extension, NH
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1124 modifies section 355 of the National Highway
System Designation Act of 1995 to permit New Hampshire to
meet the safety belt use law required under section 153 of
title 49, United States Code, through a performance
requirement. Through the end of fiscal year 2000, New
Hampshire is deemed to have met the safety belt use
requirements of section 153 upon certification by the
Secretary that the State has achieved: (1) a safety belt use
rate in each of fiscal years 1997 through 2000 of not less
than 50 percent; and (2) a safety belt use rate in each
succeeding fiscal year thereafter of not less than the
national average safety belt use rate.
Conference substitute
The Conference adopts the Senate provision with a minor
technical amendment.
Study: Uniformed Police Officers
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1126 requires the Secretary of Transportation to
conduct a study on the extent and effectiveness of the use by
various States of uniformed police officers on Federal-aid
highway construction projects. Some States use police
officers extensively on their highway construction projects,
while other States are virtually no police officers for work
zone traffic control. Work zone safety has been a high
priority issue for the Federal Highway Administration (FHWA),
traffic engineering professionals, and highway agencies. This
section requires the Department of Transportation to submit a
report to Congress on the results of the study not later than
2 years after the effective date of this section.
Conference substitute
The Conference adopts the Senate provision with a
modification to require that the study be conducted in
consultation with law enforcement organizations.
[[Page H3903]]
Contracting for Engineering and Design Services
House bill
Section 140 amends section 112 of title 23 clarifies that
quality based selection process requirements for design and
engineering services and other contracting procedures will
apply unless a State has in the past adopted alternative
procedures to increase competition. Requirements must be met
for any phase of a project funded in whole or in part with
Federal funds.
Senate amendment
This provision amends section 112(b)(2) of title 23 of the
United States Code to promote competition and provide the
greatest value for Federal aid system projects. It clarifies
that the time period for states to have legislatively enacted
alternative requirements to Qualifications Based Selection
(QBS) Procedures for obtaining engineering and design
services has ended. Additionally, it requires that the
Federal Acquisition Regulations (FAR) be used for consistent
and equitable contract administration, accounting, and audits
while providing for the use of FAR QBS simplified acquisition
procedures for contracts under $100,000. Finally,
clarification is provided that requires the Secretary to
establish a certification procedure to ensure that any
legislation enacted by a State since November 28, 1995 to
exercise its option complies with the time frames and
substantive criteria contained in Section 307 of PL 104-59.
Conference substitute
The Conference adopts a substitute provision.
Ambassador Bridge, Michigan
House Bill
Subsection 133(a) makes the facilities necessary to connect
the Ambassador Bridge in Detroit, Michigan to the Interstate
System eligible to receive funds apportioned under the
National Highway System and the Surface Transportation
program.
Senate amendment
Section 1129 provides eligibility for the Ambassador Bridge
in Detroit, Michigan under the surface transportation program
and the National Highway System program.
Conference substitute
The Conference adopts the Senate provision.
Cuyahoga River Bridge
House bill
Subsection 113(b) makes the Cuyahoga River in Ohio eligible
to receive funds apportioned under the congestion mitigation
and air quality improvement program.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House bill with a modification.
The bridge is eligible to receive funds from the surface
transportation program.
National Defense Highway
House bill
Section 131 authorizes an amount not to exceed $16 million
per year for fiscal years 1998 through 2003 from the
Interstate Maintenance component for the reconstruction of a
highway or portion of highway outside of the United States
that is important to national defense.
Senate amendment
Section 1131 authorizes an amount not to exceed $16 million
per year for fiscal years 1998 through 2003 from the
Interstate Maintenance component for the reconstruction of a
highway or portion of highway outside of the United States
that is important to national defense.
Conference substitute
The Conference adopts the provision.
High Risk Road Safety Improvement Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 110 creates a new program within the Federal-aid
highway program to fund construction and operational projects
that improve the safety of high risk roads. States are to
allocate funds under this program to those projects that have
the highest benefit. Up to fifty percent of funds under this
program can be transferred to other Federal-aid highway
programs.
Conference substitute
The Conference does not adopt the House provision.
Road Safety Awareness and Improvement Program
House bill
Subsection 110(c) authorizes a roadway safety awareness and
improvement program funded from the high risk road safety
program. The activities of the program should be carried out
cooperatively between the Department of Transportation,
States, and other safety organizations.
Senate amendment
The Senate bill contains no comparable provision.
Conference Substitute
The Conference does not adopt the House provision.
High Cost Interstate Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 113 establishes a new program to fund major
reconstruction or improvement projects on the Interstate
system. In order to be eligible, a project must cost over
$200 million or cost more than 50% of a State's Federal-aid
highway apportionments; it must be ready to go to
construction; the State must agree to not transfer funds
apportioned under the Interstate Maintenance Program; and the
funds must be obligated within one year. Two thirds of the
funds are allocated to the States in the ratio that each
State's cost of eligible projects bear to the total national
cost of eligible projects. For the years 1998 through 2003,
however, those funds are to be distributed based on the
Interstate Maintenance Program formula. The remainder of the
funds are allocated on a discretionary basis. If funds cannot
be used in any given fiscal year, the extra funds are
apportioned to all States as Interstate Maintenance funds.
Projects must be included within the planning process. The
Secretary of Transportation is required to report on the
expected future need to reconstruct the Interstate System and
to recommend methods for apportioning the funds.
Conference Substitute
The Conference does not adopt the House provision.
Infrastructure Awareness Program
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 132(a) authorizes the Secretary to fund the
production of a documentary about infrastructure to promote
infrastructure awareness. A total of $1 million in contract
authority is authorized for each of the fiscal years 1998
through 2000 from the Highway Trust Fund, other than the Mass
Transit Account.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute states that a total of 40
percent of the total project of $4.8 million will be provided
from the Highway Trust Fund and the remaining 60 percent is
required to be provided by the private sector. Credit is
given for funds received to date. The substitute provides a
total of $1 million for each of the fiscal years 1998 and
1999, and $.88 million in 2000 from the Highway Trust Fund,
other than the Mass Transit Account.
New York Avenue Authority, DC
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 142 establishes a New York Avenue Authority to
develop an improvement plan for the New York Avenue Corridor
in the District of Columbia. The authority is eligible to
receive funding under the National Corridor Planning and
Development program.
Conference substitute
The Conference does not adopt the House provision.
Administrative Takedown
Senate bill
Section 1201 reduces that administrative subsection 104(a)
of title 23, United States Code, which requires the Secretary
to deduct funds from certain Federal-aid highway
apportionments from the current 3\3/4\ percent to an amount
not to exceed 1\1/2\ percent administer the Federal-aid
highway program. The reduction reflects that this Act
provides non-administrative items, such as research and
intelligent transportation system activities that were
formerly funded from the takedown with separate funding
elsewhere. This modification in the administrative takedown
will provide a clear distinction between the Department's
administrative expenses and its research activities and other
expenses.
House bill
Subsection 104(a) allows the Secretary to deduct from sums
authorized to be apportioned for expenditures on the Federal-
aid highway program for Administrative expenses a sum not to
exceed 1 percent of all sums so apportioned for the Federal-
aid highway program.
Conference substitute
The Conference adopts the Senate bill.
Real Property Acquisition
Senate bill
Section 1201 amends sections 108 and 323 of title 23,
United States Code, to expand the flexibility provided to
State and local governments to compete for land resources. It
provides for the advanced acquisition of real property not
only for highway projects, but for all transportation
improvements under title 23. This section removes restrictive
language and outdated programs, revises language, and adds
opportunities for State and local governments to utilize
early property acquisition when necessary, while retaining
maximum flexibility to leverage the use of Federal funds.
The provision provides an alternative means of leveraging
Federal funds apportioned to each State by providing a credit
based on the value of publicly-owned lands
[[Page H3904]]
incorporated within a federally-funded project. This
provision is consistent with the credits already permitted
for donated real property and services. The provisions added
by this section expand the choices available to State and
local governments in fashioning financial strategies to best
serve their transportation objectives.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification to clarify that costs of services are not
eligible as a credit for non-federal share.
Payments to States for Construction
Senate bill
Section 1204 amends section 121 of title 23, United States
Code to remove a restriction that applies the Federal/non-
Federal matching share requirement to each payment a State
receives. The revised section 121 makes the requirement
applicable to total project costs rather than to individual
voucher payments. The increased flexibility provided by these
changes will result in a simplified program that is easier
for State departments of transportation to administer. The
changes recognize that the important restriction is that the
total project meets the Federal share requirement. The
changes also make the Federal-aid highway program more
compatible with other Federal programs, particularly the
Federal mass transportation program, where projects are often
administered jointly by FHWA and Federal Transit
Administration.
House bill
Subsection 134(d) amends title 23 to remove a restriction
which applies the Federal/non-Federal matching rate to each
payment that a State receives. This amendment will make the
Federal-aid highway more like other Federal programs,
including the Transit program, hence giving the States
greater flexibility in managing their funds.
Conference substitute
The Conference adopts the House provision with a
modification. This provision is retained as separate section
as in the Senate bill.
Proceeds from the Sale or Lease of Real Property
Senate bill
Current section 156 of title 23, United States Code,
requires States to charge fair market value for the use of
airspace acquired in connection with a federally funded
project. Section 1205 expands the requirement in section 156
to apply to the net income generated by a State's lease,
sale, or other use of all real property acquired with Federal
financial assistance. The revised section applies the same
standard to all real property interests acquired with
Federal-aid highway funds. As in current law, the Secretary
may grant exceptions for social, environmental, or economic
purposes.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with the
inclusion of clarifying report language. The purpose of this
exception retained in this provision is to give the States
(with the Secretary's approval) the flexibility to charge
less than fair market value for lands bought with Highway
Trust Fund dollars if the lands, once sold or leased, would
be used for some purpose of public benefit that would
outweigh the general desire to receive fair market value for
the property, such as if the lands would be used as parkland
or as a recreation area.
Metric Conversion at the State Option
Senate bill
Section 1206 amends section 205 of the National Highway
System Designation Act of 1995 which states that the
Secretary shall not require States to use or plan to use the
metric system before September 30, 2000. This provision
allows States to choose when and if to implement the metric
system with respect to designing, advertising, or preparing
plans, specifications, timetables, or other documents, for a
Federal-aid highway project. This section does not require
any State to modify its current use of the metric system for
Federal-aid highway projects.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Report on Obligations
Senate bill
Section 1207 amends section 104 of title 23, United States
Code, to require the Secretary to submit to Congress an
annual, rather than monthly, report on States' obligations
for Federal-aid highways, highway safety construction
programs, and unobligated balances.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of Right-of-Way Revolving Fund
Senate bill
Subsection 1208(a) terminates the right-of-way revolving
fund. The right-of-way revolving fund is revised in section
108(c) of title 23, to provide an expiration and closeout
period for obligations already authorized from the fund. This
program was terminated as a revolving loan fund because of
the new rules required of all credit programs in the Credit
Reform Act of 1990. Credits based on conversion or
reimbursements are to be applied to the Highway Trust Fund
rather than to the revolving fund. Twenty-three States
currently have active right-of-way revolving fund projects.
This section provides for a 20-year close out period from the
date that right-of-way funds were advanced to give these
States sufficient time to complete these unfinished projects.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of Pilot Toll Collection Program
Senate bill
Subsection 1208(b) terminates a tolling pilot program that
has accomplished its intended purpose. Pilot toll agreements
that were executed under subsection 129(k) of title 23 are
still valid.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Termination of the Bridge Commission
Senate bill
1208(d) repeals the 1962 Bridge Commission Act. Public Law
87-441 relates to bridge commissions and authorities created
by Act of Congress. It provides for Federal approval of such
commissions' memberships and requires annual audits. A
commission ceases to exist by transferring ownership of the
bridge to the States. Initially, five bridge commissions were
subject to the act. Today, only one commission remains, the
White County Bridge Commission, which operates the New
Harmony Bridge across the Wabash River between Indiana and
Illinois. While under this act, the FHWA has the authority
to appoint commissioners and review the commission's
financial operations, these actions could be administered
more effectively and efficiently at the State or local
level. This provision removes this unnecessary Federal
oversight of the White County Bridge Commission.
House bill
Subsection 134(h) repeals a requirement that the Federal
government oversee certain bridge commissions created by
Congress in Public Law 87-441. Such duties would be assumed
by State and local governments.
Conference substitute
The Conference finds the provisions in both the House and
Senate bills to be substantially equivalent.
Transfer of Highway Transit Funds
Senate bill
Section 122 adds a new subsection to section 104 of title
23, United States Code, to provide for the program-wide,
rather than project-by-project, transfer and administration
of transit funds made available for highway projects and
highway funds made available for transit projects. This
revision will streamline the administration of highway and
transit funds by State departments of transportation.
This provision also requires the Secretary to administer
funds made available under title 23 or chapter 53 of title 49
and transferred to Amtrak in accordance with Subtitle V of
title 49. Funds made available under title 23 or chapter 53
of title 49 and transferred to other eligible passenger rail
projects and activities shall be administered as the
Secretary determines appropriate. The non-Federal share
provisions in title 23 or chapter 53 of title 49 will
continue to apply to the transferred funds.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provisions with a
modification. Amtrak transferability is not adopted.
Project Approval and Oversight
Senate bill
Section 1222 amends section 106 of title 23, United States
Code, which addresses Federal and State responsibilities for
surface transportation projects. This section permits the
Secretary to discharge to the States with their approval the
Secretary's responsibilities under title 23 for the design,
plans, specifications, estimates, contract awards, and
inspection of projects on the National Highway System (NHS).
Under current law, States voluntarily oversee such activities
for projects carried out with Surface Transportation Program
(STP) funds, but not for NHS projects.
House bill
Subsection 501(a) consolidates and codifies the current
practices used by the Secretary to approve and oversee
Federal-aid highway projects and further streamlines that
process. This section requires that for projects on the NHS
(including the Interstate system), the Secretary and each
State will enter into an agreement as to the appropriate
level of
[[Page H3905]]
Federal oversight. The Secretary may not assume a greater
degree of responsibility than under current law. For all non-
NHS projects, the States will assume all of the Secretary's
current responsibilities for design, plans, specifications,
estimates, the awarding of contracts, and the inspection of
projects. For projects on the NHS but not on the Interstate
system, then a State shall assume all of the Secretary's
current responsibilities for design, plans, specifications,
estimates, the awarding of contracts, and the inspection of
projects unless the State or the Secretary determines that
such assumption is not appropriate.
Conference substitute
The Conference adopts a substitute provision. The
substitute requires that the State shall assume the
Secretary's responsibilities under this title for design,
plans, specifications, estimates, contract awards and
inspection of projects unless the States determines
otherwise. In addition, the State may assume responsibility
for projects on the NHS but not on the Interstate system
unless the State or Secretary determines otherwise.
In any case where States must meet surface quality
regulations set forth by the Federal Highway Administration,
they may look for leadership to a private Midwestern
engineering institute which has served as a State certifying
contractor for the past eleven years. The FHWA may work with
this institution in carrying out this National certification
program and use the existing expertise in the area.
Financial Plan
Senate bill
Section 1222(f) requires the Secretary to prepare a
financial plan for any projects with an estimated total cost
of $1 billion or more.
House bill
Section 504 requires the preparation of a financial plan
for any highway or transit project costing over $1 billion
and that is proposed to be funded with Federal funds.
Conference substitute
The Conference adopts the Senate provisions with a
modification. The provision is codified in title 23 and title
49.
Standards
Senate bill
Subsection 1222(b) eliminates the requirement that the
Secretary of Transportation issue Interstate maintenance
guidelines and adds that safety considerations of a project
may be met by phase construction.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provisions with a
modification. The substitute language clarifies that the
safety considerations are to be consistent with an operative
safety management system or a statewide transportation
improvement program approved by the Secretary.
Repeal of Sections 100 and 117
Senate bill
Section 1222(c) repeals sections 110 and 117.
House bill
Section 501 repeals sections 110 and 117.
Conference substitute
The Conference finds provisions in both the House and
Senate bills to be substantially equivalent.
Surface Transportation Innovative Financing
Senate bill
Subsection 1223(a) codifies the Department of
Transportation's current administrative policy regarding
innovative mechanisms applicable to transportation
enhancement projects. It gives States additional flexibility
by allowing them to calculate non-Federal share for
enhancements projects in several ways: on a project, multiple
project, or program basis. A State's average annual non-
Federal share of transportation enhancement projects must be
at least 20 percent; however, because of the new provision,
it is feasible for a single project to have a 100 percent
Federal share.
In addition, this section also reduces the current
quarterly, project-by-project State certification and
notification requirements to annual, program-wide approval of
each State's project agreement. The current requirement that
payments made by the Secretary to the States under section
133 could not exceed the Federal share of costs incurred as
of the date the State requested payments is eliminated.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Surface Transportation Program Encouragement of Youth Conservation
Corps
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 108(h) encourages the use of youth corps to
perform transportation enhancement projects.
Conference substitute
The Conference adopts the House provision.
Surface Transportation Program Approval
Senate bill
Subsection 1223(b) amends section 133 of title 23 to reduce
the current quarterly, project-by-project State certification
and notification requirements to annual, program-wide
approval of each State's project agreement.
House bill
Subsection 108(f) changes the program approval process for
the Surface Transportation Program from a quarterly to an
annual basis.
Conference substitute
The Conference finds both the House and Senate
provisions
substantially equivalent.
Payments
Senate bill
Subsection 1223(c) eliminates the current requirement that
payments made by the Secretary to the States under section
133 of title 23, U.S.C. not exceed the Federal share of costs
incurred as of the date the State requested payment. This
simply reflects the Department of Transportation's current
administrative policy regarding innovative financing
mechanisms applicable to transportation enhancement projects.
Innovative financing techniques will give States additional
flexibility by allowing them to calculate the non-Federal
share for enhancements projects on either a project, multiple
project, or program basis. A State's average annual non-
Federal share of transportation enhancement projects must be
at least 20 percent. A single project, however, may have a
100 percent Federal share, but each State's annual
enhancements programs must comply with the 20 percent non-
Federal match requirement.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Design Build Contracting
Senate bill
Section 1224 provides authority, after two years of
enactment of this Act, for State transportation departments
to use the design-build approach for construction of eligible
title 23 project segments. Design-build is an innovative
method of highway contracting that is not allowed under
current law. It differs from traditional contracting in that
it combines, rather than separates, responsibility for the
design and construction phases of a highway project. This
section allows States to use their State design-build
contracting procedures in statute or procedures authorized
under section 303M of the Federal Property and Administrative
Services Act of 1949.
The benefits of the design-build approach include greater
accountability for quality and costs, less time spent
coordinating designer and builder activities, firmer
knowledge of project costs, and a reduced burden in
administering contracts. Design-build is particularly
advantageous for accelerating project delivery. For example,
a study of 11 design-build projects in Florida found that
this innovative contracting method produced significant
improvements in project performance as compared to non-
design-build projects. The average design-build construction
time was 21.1 percent shorter than the average for non-
design-build projects. In addition, actual design-build
procurement times were 54 percent less than the normal design
procurement time allocated for projects using traditional
contracting methods. The design-build projects also produced
a 4.7 percent reduction in after-bid changes to the contract.
Despite the potential advantages of design-build, it may
not be an appropriate method for carrying out every highway
project. Therefore, this section provides minimum cost
requirements for potential design-build projects. To qualify
for the award of a design-build contract, the cost of each
usable segment of a highway project must be at least
$50,000,000. In the case of an Intelligent Transportation
Systems project, the total cost of the project must exceed
$10,000,000.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. It allows States to use any design-build
selection procedures determined appropriate by the Secretary
and requires the Secretary to submit a report to Congress
within 5 years after enactment of this Act. This report will
analyze the effectiveness of design-build contracting
procedures.
Use of Consultants (Selection Process)
Senate bill
Section 1225(c) allows a State to procure consultant
services under a single contract for preparation of both the
environmental analysis and subsequent engineering and design
services if the State has conducted an independent multi-
disciplined review of the objectivity of the analysis.
House bill
Section 104(b) allows a State to procure consultant
services under one contract for the preparation of any
environmental analysis as well for subsequent engineering and
design services if the State has conducted a review of the
objectivity of the analysis.
Conference substitute
The Conference adopts the House provision.
[[Page H3906]]
Eligibility of Ferry Boats
Senate bill
Section 1232 clarifies that the construction of ferry boats
and ferry terminal facilities are eligible uses of National
Highway System (NHS), Surface Transportation Program (STP),
and Congestion Mitigation and Air Quality Improvement program
(CMAQ) funds. This simply clarifies how the program is
currently administered and does not amend or weaken any of
the underlying eligibility requirements of the NHS, STP, or
CMAQ programs.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
Eligibility of Projects on the National Highway System
Senate bill
Section 1234 amends section 103 of title 23, United States
Code, to include publicly owned intracity or intercity
passenger rail capital projects, including Amtrak, as an
eligible activity for National Highway System (NHS) program
funds under the same criteria that apply currently to transit
and non-NHS highway projects. NHS funding eligibility is
amended also to include natural habitat enhancement and
encourage the use of approved private-sector mitigation banks
for wetlands lost through highway construction. Preference is
given, to the extent practicable, to banks if they are in
accordance with federal guidelines on mitigation banking and
are within the service of the impacted wetland.
This section also adds the following new items to the list
of projects eligible for NHS funding: (1) publicly owned
intracity or intercity passenger rail or bus terminals,
including those owned by Amtrak; (2) publicly owned
intermodal surface freight transfer facilities, other than
seaports and airports located at, or adjacent to, the NHS
or connections to the NHS; (3) infrastructure-based
Intelligent Transportation Systems capital improvements;
and (4) publicly owned components of magnetic levitation
(MAGLEV) systems.
This section also adds to the list of eligible NHS projects
a paragraph applicable only to projects on the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, permitting these territories to use
their NHS apportionments for any STP-eligible project, any
airport, and any seaport.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification. The substitute does not include eligibility for
intracity and intercity passenger rail under this program.
Minor Collectors
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 108(e) allows up to 15 percent of surface
transportation program funds apportioned for areas of less
than 5,000 in population to be used on minor collectors.
Conference substitute
The Conference adopts the House provision with
modifications.
Design Flexibility
Senate bill
Section 1236 clarifies section 109 of title 23 regarding
the Secretary's responsibilities regarding planned future
traffic needs and the Secretary's responsibilities in
reviewing State plans for proposed highway projects. This
modification eliminates the requirement that the Secretary
ensure that a State plan for a highway project must accompany
future traffic demands. The revised section only requires
that the Secretary ensure that future traffic needs were
considered.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
State Infrastructure Banks
Senate bill
Section 1301 codifies the State Infrastructure Bank (SIB)
Pilot Program authorized in the NHS Designation Act of 1995.
This section includes modifications to increase the
flexibility of the SIB program. The current 10-State limit on
the number of participants in the SIB program is eliminated,
thus enabling any State to establish a State Infrastructure
Bank. The percentage limitation regarding funds a State can
transfer to use State infrastructure banks is eliminated. The
10-state limit unnecessarily restricted States from pursuing
this financial mechanism and the percentage limitation
unnecessarily limits States' use of this mechanism. The need
to maintain separate highway and transit accounts also
imposed an accounting burden on States that was inconsistent
with financial flexibility desired in a financing entity such
as a State Infrastructure Bank.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts a substitute provision. The
conference adopts a four State pilot program. The
participating States are Missouri, California, Florida, and
Rhode Island.
Transportation Infrastructure Finance and Innovation Act
Senate bill
Subtitle C, Chapter 2 establishes a Federal credit
assistance program for major surface transportation projects
under the Transportation Infrastructure Finance and
Innovation Act of 1998 (TIFIA).
House bill
The House bill contains no comparable provision.
Conference agreement
The conference adopts the Senate provision, with certain
modifications. The TIFIA program is designed to assist major
surface transportation projects with their own revenue
streams, which can attract substantial private capital with a
limited Federal investment. This program offers the sponsors
of large transportation projects a new tool to leverage
limited Federal resources, stimulate additional investment in
our Nation's infrastructure, and encourage greater private
sector participation in meeting our transportation needs.
Eligible projects for TIFIA assistance include any projects
eligible under title 23 (highway and transit capital
projects) as well as international bridges and tunnels,
inter-city passenger bus and rail facilities and vehicles
(including Amtrak and magnetic levitation systems), and
publicly-owned intermodal freight facilities. Examples of the
types of projects which may benefit from this program are the
Woodrow Wilson Bridge, the Farley/Pennsylvania Station
project in New York City and the State of Florida's proposed
high-speed rail project between Miami, Orlando and Tampa.
Project sponsors may be governmental units, private entities,
or public-private partnerships. The Conferees wish to
reiterate language concerning the Florida high-speed rail
project in the Senate committee report section on TIFIA. This
project represents an effort by the State of Florida to bring
a new technology to the United States by using an innovative
public-private partnership that does not rely on Federal
grant support. The State of Florida's request for a Federal
loan equal to \1/3\ of project costs should receive favorable
consideration from the Department of Transportation, provided
it meets program criteria.
To be eligible for credit assistance, a project must meet
certain threshold criteria. It must cost at least $100
million or 50 percent of a State's annual apportionment of
Federal-aid funds, whichever is less. (For intelligent
transportation system projects, the minimum cost is $30
million, due to the substantial capacity enhancements
attainable with but a limited investment.) The project also
must have the potential to be self-supporting from user
charges or other non-Federal dedicated funding sources, be on
a State's transportation plan and, at the time of funding, be
on a fiscally-constrained State transportation improvement
program. An application for credit assistance may be
submitted by a State or local government or other entity. The
Secretary will select among potential candidates based on
various criteria, including the project's regional or
national significance, its potential economic benefits, its
credit-worthiness, the degree of private sector
participation, and other factors.
Forms of assistance that can be provided under this program
consist of direct loans, loan guarantees, and lines of
credit. In all cases the Federal role will be that of a
minority investor, with Federal participation limited to not
more than 33 percent of total project costs. The Secretary is
authorized to enter into agreements with project sponsors
containing terms and conditions designed to assist the
projects in leveraging additional funds, while ensuring that
the program operates in a fiscally-prudent manner. The State
in which a project is located may identify a State or local
government entity to assist the Secretary in servicing the
Federal credit instrument.
The Secretary may provide credit assistance to demonstrate
to the capital markets the viability of making transportation
infrastructure investments where returns depend on residual
project cash flows after servicing senior municipal revenue
bonds or other capital markets debt. An objective of the
program is to help the financial markets develop the
capability ultimately to supplant the role of the Federal
government in helping finance the costs of large projects of
national significance. That is why loan guarantees are
limited to major institutional lenders, such as defined
benefit pension funds, which may be potential providers in
the future of supplemental and subordinate capital for
projects. The Conference would like the Secretary to
encourage Federal borrowers to prepay their direct loans or
guaranteed loans as soon as practicable from excess revenues
or the proceeds of municipal or other capital market debt
obligations. The Secretary also may sell off direct loans to
third parties or into the capital markets, if such
transactions can be arranged upon favorable terms.
The Conference recognizes that the Congress enacted the
Deficit Reduction Act of 1984 provision prohibiting the
combination of Federal guarantees with tax-exempt debt,
because of concerns that such a double-subsidy could result
in the creation of a ``AAA''
[[Page H3907]]
rated security superior to U.S. Treasury obligations.
Accordingly, any project loan backed by a loan guarantee as
provided in TIFIA must be issued on a taxable basis.
The Conference wants to ensure that projects receiving
TIFIA assistance are financially-sound. Each project, at the
time of its application for assistance, is required to
furnish a preliminary rating opinion letter from one of the
bond rating agencies identified by the Securities and
Exchange Commission as a ``Nationally Recognized Statistical
Rating Organization,'' indicating that the project's senior
debt obligations have the potential to achieve an investment-
grade bond rating. The Secretary shall consult with the
Office of Management and Budget, each rating agency providing
such an opinion letter, and any other financial experts the
Secretary deems necessary, in order to determine the credit
instrument's appropriate subsidy cost (capital reserve)
pursuant to the Federal Credit Reform Act of 1990. Until such
time as a formal investment-grade rating is assigned, the
Secretary shall not extend credit in an amount exceeding the
estimated subsidy cost. The Conference believes that
analytical techniques that are widely-accepted by the capital
markets, such as those used by the rating agencies to
evaluate the financial stability of municipal bond insurance
companies, should be drawn upon to estimate the appropriate
subsidy cost.
TIFIA expressly requires that projects adhere to Title VI
of the Civil Rights Act, the National Environmental Policy
Act, and the Uniform Relocation Assistance and Real Property
Acquisition Policies Act. the Conference also recognizes that
highway and transit capital projects assisted under TIFIA
will retain adequate protections for labor in terms of
prevailing wages, as required under title 23 provisions.
The bill provides $530 million of contract authority,
funded from the Highway Trust Fund, to fund the budgetary or
subsidy costs of the Federal credit instruments between
fiscal years 1999-2003: $80 million in fiscal year 1999; $90
million in fiscal year 2000; $110 million in fiscal year
2001; $120 million in fiscal year 2002; and $130 million in
fiscal year 2003. (As with other Federal credit programs, the
non-budgetary or financing costs of the Federal credit
instruments will be funded from the General Fund.). The bill
caps the nominal amount of credit instruments supported by
this contract authority at $1.2 billion for each of fiscal
years 1998 and 1999; $1.8 billion for fiscal years 2000 and
2001; and $2.0 billion for fiscal years 2002 and 2003.
The Conferees are aware that present Federal income tax law
prohibits the use of direct or indirect Federal guarantees in
combination with tax-exempt debt (section 149(b) of the
Internal Revenue Code of 1986. The TIFIA provisions of the
conference agreement do not override or otherwise modify this
provision of the Code.
The Conference finds that developing, implementing, and
evaluating financial assistance programs such as TIFIA is a
crucial mission of the Department of Transportation. To
ensure the financial and programmatic success of TIFIA, the
conference strongly encourages the Secretary to establish an
organizational structure within the Department in which
financial assistance activities and programs can be closely
coordinated and monitored.
In order to evaluate the effectiveness of this program, the
Secretary is required to submit a report to Congress within
four years of the date of enactment of this bill. The report
should summarize the program's financial performance to date,
and recommend whether the objectives of the program would be
best met by continuing the program under the authority of the
Secretary, establishing a Government corporation of
Government-sponsored enterprise to administer the program, or
by relying upon the capital markets to fund projects of
regional and national significance without Federal
participation.
Operation Lifesaver
Senate bill
Section 1401 continues funding for the Operation Lifesaver
program and requires a total of $500,000 for each of fiscal
years 1998 through 2003 to be set-aside by the Secretary from
surface transportation program funds. The funds shall be used
for public education programs designed to reduce the number
of accidents, deaths and injuries at highway-rail
intersections and within railroad rights-of-way.
House bill
Section 104(c) extends authority for funding for Operation
Lifesaver.
Conference substitute
The Conference finds both the House and Senate
provision to
be substantially equivalent.
Railway-Highway Crossings
Senate bill
Section 1403 amends section 130 of title 23 United States
Code, and expands the eligibility of railway-highway funds to
include trespassing countermeasures in the vicinity of the
crossing, safety education, enforcement of traffic laws and
publicly sponsored projects at privately owned railway-
highway crossings. States are required to report to the
Department on completed crossing projects funded under this
subsection for inclusion in the DOT/American Association of
Railroads National Grade Crossing Inventory.
This section eliminates the requirement that half the funds
authorized under section 130 be available for installation of
protective devices at railway-highway crossings. These
activities, however, remain eligible for funding under this
section.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference does not adopt the Senate provision.
Hazard Elimination Program
Senate bill
Section 1404 expands the eligibility of the current hazard
elimination program to include a full range of safety
improvements for bicyclists and pedestrians, including
multimodal and community safety programs, and spot
improvement programs for rapid-response of low costs hazards,
such as potholes, roadway and trail debris, and unsafe
drainage gates is eligible for funding under this program.
This section also makes traffic calming measures eligible for
hazard elimination funds. The prohibition on States using
hazard elimination funds to correct hazards on routes on the
Interstate system is eliminated. This section also revises
the reference to ``highway safety improvement project'' in
subsection 152(b) to read ``safety improvement project'' to
reflect the multimodal focus of the hazard elimination
program.
House bill
Section 138 requires that hazards to bicyclists are
included in the hazardous locations inventory.
Conference substitute
The Conference adopts the Senate provision with
modifications. It clarifies that to be eligible under this
section, a project must be related to a public surface
transportation facility. The Conference substitute does not
allow public transportation vehicles to be eligible for these
funds, nor does it allow the Secretary to determine
additional appropriate projects. In carrying out this
section, States should minimize any negative impact on safety
and access for bicyclists and pedestrians in accordance with
section 217.
Specialized Hauling
Senate bill
The Senate bill contains no comparable provisions.
House bill
Subsection 134(j) requires a study of the impact of truck
weight standards on specialized hauling vehicles.
Conference substitute
The Conference adopts the House provision with a
modification to require the study include, but not be limited
to, an analysis of the economic, safety, and infrastructure
impacts of truck weight standards.
Access for Motorcycles
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 135 specifies that State or local governments may
not restrict access of motorcycles to any highway facility
for which Federal-aid funds were used.
Conference substitute
The Conference adopts the House provision with
modifications to clarify that this provision only applies to
Federally-assisted highways open to traffic and will not
override or affect the applicability of any local
jurisdiction's safety laws.
232 Metropolitan Planning
Senate bill
Section 1601 retains the current structure and most of the
metropolitan planning provisions found in section 134 of
title 23. It retains the current project selection process
set forth in ISTEA.
This section makes the following substantive changes to
current law. First, this section streamlines the 16
metropolitan planning factors found in current law into seven
issues to be considered in the planning process. Second, it
gives States flexibility to move projects within a 3-year
Transportation Improvement Program without FHWA approval if
the Governor and metropolitan planning organization agree.
Third, it eliminates the requirement that transportation
improvement programs identify the source of funds for
individual projects by Federal funding category. Fourth, this
section adds freight shippers to the list of stakeholders to
be given opportunities to comment on plans and transportation
improvement programs (TIPs). Finally, it provides that, for
urbanized areas designated after the enactment of this Act,
metropolitan area boundaries shall cover at least the
urbanized area and the area expected to become urbanized
within the 20-year forecast period and shall require the
agreement of the Governor and MPO. Such boundaries are not
required to include the entire ozone or carbon monoxide
nonattainment areas, as identified under the Clean Air Act.
House bill
Section 124 amends section 134 of title 23 by setting seven
general goals and objectives that may be considered in the
planning process. They include: supporting economic vitality;
increasing safety and security; increasing accessibility and
mobility; protecting the environment; integrating the
transportation system; promoting efficiency; and
[[Page H3908]]
preserving existing facilities. These replace the existing
list of nineteen planning factors. The language also includes
fostering economic growth and development to the list of
reasons that is in the national interest.
The section makes a number of technical changes to section
134(g) regarding long range plans. It also allows
metropolitan planning organizations to include projects that
would be funded if additional resources were available. The
inclusion of such projects is for illustrative purposes only.
The bill requires that a TIP be updated at least every three
years. It also allows the metropolitan planning organizations
to include projects that they would advance if additional
resources were available.
Conference substitute
The Conference substitute adopts a combination of both the
Senate and House provisions. The substitute retains the
basic
current metropolitan planning structure and processes. As
included in both bills, the 16 planning factors are
streamlined to seven general factors to be considered in the
planning process. In considering the relationship between
transportation and quality of life, metropolitan planning
organizations are encouraged to consider the interaction
between transportation decisions and local land use decisions
appropriate to each area. The language clarifies that the
failure to consider any specific factor in formulating plans,
projects, programs, strategies and certification of planning
processes is not reviewable in court. The Conference
substitute also adopts the House provision including economic
growth and development as a general requirement in
metropolitan planning.
As included in both bills, freight shippers and providers
of freight transportation services are included on the list
of persons to be given opportunities to comment on
metropolitan long-range plans and programs (TIPs) along with
the addition of representatives of users of public transit.
The Conference substitute also adopts the House provision
allowing MPOs to include an illustrative list of projects
that would be included on the TIP if additional resources
were available. The illustrative list does not affect the
fiscal constraint requirement of the TIP.
The Conference substitute clarifies that the expansion or
designation of existing or new metropolitan planning
organization boundaries due to the imposition of any new air
quality standards will not automatically occur and such
boundaries will be determined by agreement of the governor
and the affected local governments.
Statewide Planning
Senate bill
Section 1602 retains the current structure and most of the
statewide planning provisions found in section 135 of title
23. It retains the current project selection process set
forth in ISTEA. This section makes the following substantive
changes to current law. First, it streamlines the 20
statewide planning factors found in current law into seven
broader issues to be considered in the planning process.
Second, it gives States flexibility to move projects within a
3-year Transportation Improvement Program (TIP) without FHWA
approval or action if the Governor and metropolitan planning
organization agree. Third, it eliminates the requirement that
transportation improvement programs must identify the source
of funds for individual projects by Federal funding category.
Finally, this section adds freight shippers to the list of
stakeholders to be given opportunities to comment on plans
and statewide transportation improvement programs (STIPs).
House bill
Section 125 amends section 135 of title 23 by setting the
scope of the planning process. States, to the extent they
determine appropriate, may consider goals and objectives in
the planning process, including supporting economic vitality,
increasing safety and security, increasing accessibility and
mobility, protecting the environment, integrating the
transportation system, promoting efficiency, and preserving
existing facilities. These considerations replace the
existing planning factors.
Freight shippers and freight providers are added to the
list of groups that shall be allowed a reasonable opportunity
to comment on the proposed long-range plan and on the
proposed State transportation improvement plan. It requires
that in rural areas, the transportation program be developed
by the State in cooperation with local elected officials. It
also allows the State to include projects that it would fund
if additional resources were available. Projects undertaken
pursuant to the high risk road safety program are added to
the list of projects that must be selected by the State in
consultation with affected local officials.
This section also includes a provision to study the
effectiveness of local planning.
Conference substitute
The Conference substitute adopts a combination of both the
Senate and House provisions. The substitute retains the
basic
statewide planning structure and processes. As included in
both bills the 20 planning factors are streamlined to seven
general factors to be considered in the state planning
process. The language clarifies that the failure to consider
any specific factor in formulating plans, projects, programs,
strategies and certification of planning processes is not
reviewable in court.
As included in both bills, freight shippers and providers
of freight transportation services are included on the list
of persons to be given opportunities to comment on statewide
long-range plans and programs (TIPs), along with the addition
of representatives of users of public transit. The Conference
substitute also adopts the House provision allowing States to
include an illustrative list of projects that would be
included in the TIP if additional resources were available.
The illustrative list does not affect the fiscal constraint
requirements of the TIP.
The Conference substitute adopts the Senate provision,
allowing States flexibility to move projects within a three-
year transportation improvement program without separate
approval or action by the Federal Highway Administration if
the MPO concurs. The substitute also includes a provision
requiring States to consult with local officials with
responsibility for transportation when formulating plans and
programs.
Technical Correction Federal Aid/National Highway System
Senate bill
Subsection 1701(a) amends section 103 of title 23, United
States Code, to reflect that the National Highway System
(NHS) has been designated by Congress. It consolidates
several sections of title 23 regarding Interstate system
designations and the process for adding segments to the
Interstate. This section addresses interstate construction
funds and unobligated balances of Interstate substitute
funds, as these programs no longer exist.
The NHS consists of an interconnected system of principal
arterial routes that serve major population center sand
intermodal transportation facilities. Its components include
the Interstate System and other urban and rural principal
aerials and highways (including toll facilities) that provide
motor vehicle access between major population centers, border
crossings, intermodal transportation facilities, and routes
important to defense within the United States. The mileage of
the NHS is limited to 178,250 miles. This mileage is equal to
the base amount of 155,000 miles, established in current law,
plus the 15 percent increase permitted under current law. The
Secretary may make modifications to the NHS routes proposed
by a State if the Secretary determines that the modification
meets the same criteria established under current law.
Modification proposals must be coordinated among the State,
local and regional officials.
An Interstate System route is to be selected by joint
action of the State transportation agencies of the State in
which the route is located and the adjoining States in
cooperation with local and regional officials, and subject to
the approval of the Secretary. The mileage of the Interstate
System is limited to 43,000, an increase from the 41,000 mile
limit under current law.
House bill
Subsection 106(a) strikes existing provision for the
interim eligibility and approval of the National Highway
System.
Conference substitute
The Conference adopts the Senate provision.
Corridor 10 Modification for West Virginia
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 106(J) designates certain portions of Route 10
in West Virginia as part of the National Highway System.
Conference substitute
The Conference does not adopt the House provision.
Nondiscrimination
Senate bill
Section 1703 amends section 324 of title 23, U.S.C. by
moving the provision on discrimination on the basis of sex to
section 140 as subsection (d). Under current law, both of
these sections address discrimination.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
State Transportation Department
Senate bill
Section 1704 makes technical corrections to section 302 of
title 23, United States Code. It changes the term ``state
highway department'' to ``state transportation department''
to emphasize and reflect the intermodal focus of these
departments. It eliminates the requirement for a secondary
road unit as there is no longer a secondary system and
secondary plans have been eliminated. It also establishes
that compliance with section 302, as revised by this section
shall have no effect on the eligibility of costs. This
subsection eliminates 302(b) regarding the construction of
projects on the secondary system.
House bill
Section 134(g) amends title 23 to clarify that section 302
does not limit reimbursement of eligible indirect costs to
State and local governments. This will make the Federal-aid
Highway program consistent with other Federal programs,
reducing an administrative burden caused by requiring States
to develop separate accounting systems.
[[Page H3909]]
Conference substitute
The Conference adopts the Senate provision.
Signing Survey
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 133(h) requires the Secretary to conduct a study
to determine the practices in the States for specific service
food signs.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute provides language to clarify
that recommendations for modifications to the Manual on
Uniform Traffic Control Devices for Streets and Highways that
result from this study should be made only if appropriate.
Amendments to Title 23 (De-icing)
Senate bill
Section 1806 make anti-icing and de-icing compositions that
are agriculturally derived, environmentally acceptable, and
minimally corrosive eligible for use on bridges under the
surface transportation program and on Interstate and National
Highway System bridges.
House bill
Subsections 107(d) and 108(b) makes certain anti-icing and
de-icing compositions used on bridges eligible under the
bridge program and under the surface transportation program.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute deletes the reference to
agriculturally-derived compositions, but environmentally
acceptable compositions in general are acceptable. In
addition, it ensures, that all bridges are able to use these
anti-icing and de-icing components.
Penn Station Board, NY
Senate bill
Section 1810 allows the Secretary of Transportation, the
Federal Railroad Administrator and their designees to serve
as ex-officio members of the Board of Directors of the
Pennsylvania Station Redevelopment Corporation.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Union Station Board DC
Senate bill
This provision allows the Secretary of Transportation, the
Federal Railroad Administrator and their designees to serve
as ex-officio members of the Board of Directors of the Union
Station Redevelopment Corporation.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Study Southwest Border Infrastructure
Senate bill
Section 1813 requires the Secretary to conduct a
comprehensive assessment of the state of transportation
infrastructure on the southwest border between the United
States and Mexico. The Secretary is required to submit the
report to Congress one year after the date of enactment of
this Act.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
modification to ensure that the assessment of the adequacy of
law enforcement and narcotics abatement activities include
their relationship to infrastructure in the border area.
Report on Utilization Potential
Senate bill
Section 1817 requires the Secretary to conduct a study of
ferry transportation in the United States, including the
territories, to identify existing ferry operations and
develop information on the ferry routes. The Secretary is to
submit the report to Congress within one year of enactment of
this Act.
House bill
Section 121(b) requires the Secretary to conduct a study of
ferry transportation in the United States, including the
territories, to identify existing ferry operations and to
identify potential domestic ferry routes. The provision
requires the report to be submitted to Congress.
Conference substitute
The Conference adopts the House provision with
modifications. The substitute adds language to ensure the
report includes identification of funding sources for ferry
construction, and the potential for high speed and
alternative-fueled ferry services. It also states that the
report be submitted to the Committee on the Environment and
Public Works of the United States Senate, rather than the
Commerce, Science and Transportation Committee.
Life Cycle Cost Analysis
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 139(a) requires life cycle costs analysis on every
project under title 23 and requires the analysis to conform
with the Executive Order on Infrastructure Investment.
Conference substitute
The Conference adopts the House provision with
modifications. Subsection (a) eliminates the mandate that
States conduct life-cycle costing procedures on each usable
project segment of $5 million or more on the National Highway
System. The Secretary of Transportation shall develop a set
of procedures to be issued as recommendations to the States
for conducting analyses of the life-cycle costs for projects
on the National Highway System. In making a recommendation,
the Secretary shall consult with AASHTO and include the
principles identified in Executive Order 12893.
Life-cycle cost analysis is a process to reduce costs and
improve quality and performance. In order to achieve these
goals, the Secretary's recommendations shall suggest a
uniform analysis period and uniform discount rates as
established in OMB Circular A-94 for all Federal-aid National
Highway System projects. The recommendation shall incorporate
factors such as a documented, vigorous maintenance schedule
user costs, and the life of the project. The States are
encouraged to use the recommendations to the maximum extent
possible on National Highway System projects.
Roadside Safety Technologies
Senate bill
Section 3107 requires the Secretary to issue guidance
regarding the benefits and safety performance of redirective
and nonredirective crash cushions. States are to use this
guidance in evaluating the safety and cost-effectiveness of
using different crash cushion designs or other safety
appurtenances.
Houser bill
Subsection 126(a) requires the issuance of guidance to the
States on the proper uses of various types of crash cushions.
The States shall use such guidance to evaluate the use of
such devices.
Conference substitute
The Conference adopts the House provision with a
modification to extend the report deadline to 18 months after
enactment, rather than one year.
Traffic Flow and Roadside Safety Applications of Road Barriers
Senate bill
The Senate bill contains no comparable provision.
House bill
Subsection 126(b) requires the Secretary to conduct a study
on the use of moveable barrier technologies. The provision
requires the Secretary to submit a report to Congress no
later than one year after enactment of this Act, and to
provide the report to States for their use on appropriate
projects on Federal-aid Highways.
Conference substitute
The Conference adopts the House provisions with
modifications. The substitute provides language clarifying
the States can use the results of the study at their
discretion. In addition, the deadline for the report is
extended to 18 months rather than 1 year after date of
enactment.
Study: Vehicle Weight Enforcement
Senate bill
The Senate bill contains no comparable provision.
House bill
Section 412 directs the Secretary to conduct a study on the
effectiveness and deterrent value of State laws and
regulations pertaining to penalties for violations of
commercial motor vehicle weight laws. The Secretary shall
issue a report to Congress not later than two years after
enactment.
Conference substitute
The Conference adopts the House provision.
Worker Safety
Workers engage in repair, demolition, and maintenance of
existing highways, highway structures, and other construction
projects frequently are exposed to hazardous materials
including lead and asbestos. It is well established that even
though safeguards to protect workers are supposed to be
place, frequently they are not adequately followed.
In 1992, NIOSH conducted a study of contamination of
workers' homes with hazardous chemicals and substances
transported from the workplace, the study found that such
incidents have resulted in a wide range of health effects and
death among workers' families exposed to toxic substances and
infectious agents.
Seven Federal statutes provide Federal agencies with some
mechanisms for responding to or preventing workers' home
contamination. Twenty rules or standards in the Code of
Federal Regulations, including regulations promulgated by the
Environmental Protection Agency and OSHA, address workers'
home contamination or have elements that serve to protect
worker's families.
Contamination of workers' homes by hazardous substances
transported from the workplace must be minimized. To
accomplish this, it is essential that all workers are
[[Page H3910]]
equipped with suitable protective, reusable clothing, and
that such clothing is either disposed of properly or
laundered in certified laundry facilities that assure that
contamination found in the clothing do not result in exposure
in the home, exposure to workers handling the clothing, or
become environmental pollutants.
Adequate safeguards and facilities exist and the Federal
government through enforcement of current Federal regulations
should make a greater effort to assure that these safeguards
are followed. It is economically beneficial, safe for workers
and their families, and environmentally sound to required
recyclable or reusable work clothes when engaged in workplace
activities involved exposure to hazardous substances. Only
licensed laundry facilities, in compliance with Federal
standards, should be utilized for the laundering of such
clothing.
Uniform Transferability
Houser bill
Section 505 creates a new uniform transferability of
Federal-aid highway funds in section 110 in title 23. The
provision applies to any highway program or set-aside within
a program which does not allow at least 50 percent of the
apportioned or set-aside funds to be transferred to another
category. The provision allows any State to transfer up to 50
percent of any funds apportioned to it, as well as any funds
within that apportionment that have special requirements or
constitute a set aside, to any other category of funds.
The section also sets rules for the transferability of
certain funds set-aside within the Surface Transportation
Program. For funds set-aside for the hazard mitigation and
rail-highway grade crossing programs, a State may not
transfer a mandatory minimum level. For funds set-aside for
transportation enhancements, up to 50 percent of the funds
above the level received by a State in Fiscal Year 1996 are
available to be transferred. For funds apportioned for the
Congestion Mitigation and Air Quality program, States may
transfer up to 50 percent of the increase over its Fiscal
Year 1997 apportionment.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Midcourse Correction
House bill
Section 508 directs the Secretary to withhold certain funds
for fiscal 2001 until August 1, 2001 unless Congress enacts a
law making midcourse corrections to the highway and transit
programs. At a minimum, the midcourse correction must include
a funding distribution for the high cost interstate program,
approve a system of performance bonuses, approve an
Appalachian development highway system program, and approve
projects within the transit capital program.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference does not adopt the House provision.
Flexibility of Safety Programs
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1233 gives additional flexibility to safety set-
aside requirements. This provision requires each State to set
aside 2 percent of its Surface Transportation Program (STP)
apportionment for railway-highway crossings; 2 percent of its
STP funds for hazard elimination activities; and 6 percent of
its STP funds for railway-highway crossings or hazard
elimination activities.
Additional discretion is given to each State to transfer up
to 100 percent of its 6 percent STP safety set-aside funds to
its section 402 safety program or to its Motor Carrier Safety
program allocation. The requirement that half the funds
authorized and expended under section 130 be available for
installation of protective devices at railway-highway
crossings is eliminated. The revised section, however,
retains this use as an eligible activity.
Conference substitute
The Conference adopts the Senate provision with a
modification. The substitute does not allow transfers to the
section 402 safety program or the motor carrier safety
program.
Railway Crossing Hazard Elimination
House bill
Section 104(c) extends the High Speed Rail Corridors grade
crossing program. Funding for the High Speed Rail Corridors
grade crossing program is increased to $5.25 million per
year. In addition, the subsection specifically designates the
Minneapolis/St. Paul, Minnesota, to Chicago, Illinois,
segment as a part of the Midwest High Speed Rail Corridor
(also known as the Chicago Hub). The Minnesota, Wisconsin,
and Illinois Departments of Transportation have completed
preliminary feasibility studies on the Minneapolis/St. Paul-
Chicago segment and the Federal Railroad Administration has
provided funding for the segment under the Next Generation
High Speed Rail Corridor program.
Senate amendment
Section 1402 authorizes $5 million to be set-aside from
Surface Transportation Program funds in each of fiscal years
1998 to 2003 to be allocated by the Secretary to address
railway-highway crossing hazards in five existing high speed
rail passenger corridors and the authority to select three
additional corridors. The Secretary is to consider ridership
volume, maximum speeds, benefits to nonriders such as
congestion relief, State and local financial support and the
cooperation of the owner of the right-of-way.
The previously selected rail corridors under the program:
(1) San Diego to Sacramento, CA; (2) Detroit, MI to
Milwaukee, WI; (3) Miami to Tampa, FL; (4) Washington, D.C.
to Charlotte, NC; (5) Vancouver, B.C. to Eugene, OR. The New
York City-Albany-Buffalo high speed Empire Corridor as an
example of a project that meets the intent of this section
because of its current travel at high rates of speed and its
level of ridership.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute includes funding for site
specific corridors that were included in both the Senate and
House bills. It also makes improvements to the Minneapolis/
St. Paul-Chicago segment of the Midwest High Speed Rail
Corridor.
Gulf Coast Corridor
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1402 requires the Secretary to expend funds under
the railway-highway crossing hazard elimination in high speed
rail corridors program for a Gulf Coast high speed railway
corridor.
Conference substitute
The Conference adopts the Senate provision.
Environmental Streamlining
House bill
Section 502 establishes a coordinated environmental review
process for highway construction projects so that whenever
practicable, all environmental reviews, analyses, opinions
and any permits, licenses, or approvals that must be issued
by a Federal agency are conducted concurrently and within
cooperatively established time periods. The time periods must
be consistent with those established by the Council on
Environmental Quality (CEQ) in implementing NEPA. Agreed upon
time periods may be extended by the Secretary, if, upon good
cause shown, the Secretary and the Federal agency determine
that an extension is necessary as a result of new information
that could not reasonably have been anticipated when the time
periods for review were established; In the event that an
agency fails to complete its review or analysis within an
agreed upon time period, the Secretary may close the record.
The House bill further directs the Secretary, in
consultation with CEQ, to establish a State environmental
review delegation pilot demonstration program to allow a
limited number of States to assume responsibility for
implementing NEPA for highway projects. The pilot program is
authorized for three years.
Senate amendment
Section 1225 requires the Secretary to develop an
integrated decisionmaking process for surface transportation
projects. Using the environmental review process under the
National Environmental Policy Act (NEPA), the section
establishes a mechanism to coordinate the permitting process
for surface transportation projects, encouraging
consolidation of Federal, State, local and Tribal
decisionmaking to the maximum extent practicable, and early
consideration of environmental impacts. The section further
encourages the use of collaborative, problem solving and
consensus building approaches to implement the integrated
process.
Conference substitute
The Conference adopts the House language with the following
three modifications. First, the provisions establishing a
pilot program to delegate responsibility for compliance with
the requirements of NEPA to up to eight States is deleted.
Second, the language directing agencies to provide due
consideration to the determination of the Secretary with
respect to the purpose and need of a highway project is
deleted. Third, the conference substitute clarifies that the
authority of the Secretary to close the record in the event
that another agency fails to meet an agreed-upon deadline for
completing its environmental review of a proposed project is
limited to the record with respect to the matter before the
Secretary.
Both the House and Senate bills seek to address the
same
concerns; the delays, unnecessary duplication of effort, and
added costs often associated with the current process for
reviewing and approving surface transportation projects. The
U.S. Department of Transportation has, through its
administrative initiatives, attempted to address some of
these problems. Legislation is appropriate, however, to
further improve the integration and coordination of decisions
relating to highway projects. Better and earlier coordination
among the agencies involved in the decisionmaking process for
highway projects should help reduce conflicts and their
associated delays and costs.
The fundamental goals of the environmental streamlining
provisions are to establish an integrated review and
permitting process that identifies key decision points
[[Page H3911]]
and potential conflicts as early as possible; integrates the
NEPA process as early as possible; encourages full and early
participation by all relevant agencies that must review a
highway construction project or issue a permit, license,
approval or opinion relating to the project; and establishes
coordinated time schedules for agencies to act on a project.
To accomplish these goals, the Conference substitute adopts
the House provision encouraging the Secretary to enter into
memoranda of agreement (MOAs) with the agencies responsible
for reviewing the environmental documents prepared under NEPA
or for conducting other environmental reviews, analyses,
opinions or issuing any licenses, permits or approvals
relating to a project. It is expected that Federal, State and
other agencies involved in reviewing and approving a project,
or components of a project, will use the MOA process to
establish cooperatively determined time periods to complete
their work and, more generally, to describe how, and the
extent to which, the various permitting requirements and
environmental reviews relating to the project will be
integrated. MOAs may include a variety of interagency
agreements. In order to avoid subsequent conflicts and delays
on a project, agencies are encouraged to solicit early public
input in the development of an MOA.
The Conference substitute retains the House provisions
regarding the joint development of time periods for each
agency involved in the review and approval of a project to
complete its review. The language further provides that any
environmental reviews, including those required under NEPA,
conducted with respect to a project shall generally be done
concurrently unless conducting a concurrent review would
result in a significant adverse effect on the environment,
would substantively alter Federal law, or would not be
possible without information developed during the review
process. This last exception is intended to ensure that
agencies are not put in the position of having to complete
environmental reviews before they have sufficient information
to conduct a meaningful review.
The provisions relating to the Secretary's authority to
close the record have been modified to clarify the extent of
the Secretary's authority to issue a record of decision for a
project in the event that another agency fails to meet the
agreed upon deadline for completing its review of any
environmental documents required for the project under NEPA.
The Secretary's authority to close the record authority does
not extend to reviews, analyses, opinions or decisions
conducted by another agency on any permit, license or
approval issued by that agency. For example, if a project
requires the Corps of Engineers to issue a permit under
section 404 of the Clean Water Act, the Secretary may not
restrict the Corps' review with respect to its decision to
issue the 404 permit, even if the Corps fails to meet a
deadline set forth in a MOA with the Secretary. Therefore,
the conference substitute includes language affirming that
the Secretary's authority to close the record is limited to
the record on the matter pending before the Secretary. This
still allows the Secretary to issue a record of decision on a
highway project, even if other agencies have not completed
their review of the environmental documents required under
NEPA for the project.
The conference substitute allows the additional costs
associated with Federal agencies complying with this
streamlined process to be considered eligible projects
expenses under the Federal-aid highway program. Such costs
may only be for the additional amount the Secretary
determines are necessary to Federal agencies to meet the time
periods for environmental review where such time periods are
less than the customary time for such review.
For purposes of this section, the term Federal agency
includes any Federal agency or State agency carrying out
affected responsibilities by operation of Federal law.
These provisions makes a number of significant procedural
changes and improvements to the process for reviewing and
approving highway projects. It is expected that the Secretary
will publish regulations, after public notice and comments,
to implement these new procedures.
Applicability of NEPA
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1602(h) of the Senate bill reaffirms that the
requirements of the National Environmental Policy Act (NEPA)
do not apply to State plans and programs developed pursuant
to sections 134 or 135 of title 23, United States Code.
Conference substitute
The Conference substitute adopts the Senate language. This
provision is consistent with current law and practice. To
date, State transportation plans and programs developed under
sections 134 or 135 of title 23, United States Code, and
decisions by the Secretary regarding those plans or programs,
have not been considered to be Federal actions for purposes
of NEPA. Nothing in this provision, however, is intended to
prohibit a State from applying NEPA early in the
decisionmaking making process for surface transportation
projects, including at the planning stage, if it so chooses.
Individual projects included in plans or programs continue to
be subject to NEPA.
Repeat Offenders
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1405 establishes a new program to address the
growing problem of repeat, hardcore drunk drivers with high
alcohol concentrations. The section requires States to enact
and enforce penalties for drunk drivers who have an alcohol
concentration of .15 or greater, and who have been convicted
of a second or subsequent drunk driving offense within 5
years. Minimum penalties shall include a license suspension
of not less than 1 year, an assessment of the individual's
abuse of alcohol and recommended treatment regimes as
appropriate, and either an assignment of 30 days community
service or 5 days of imprisonment.
States failing to enact or enforce the described minimum
penalties for repeat drunk drivers with high alcohol
concentrations by fiscal year 2000, will have 1\1/2\ percent
of their INHS and STP funds transferred to fund alcohol-
impaired driving programs. For fiscal year 2002 and 2003,
States that have failed to enact or enforce a repeat
intoxicated driver law will be required to transfer 3 percent
of their NHS and STP funds for alcohol-impaired driving
programs.
Conference substitute
The Conference adopts the Senate provisions with
modifications. Instead of withholding funds, the substitute
language the States in noncompliance to transfer funds to
safety programs.
Seat Belt Incentive Grant
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1406 establishes a new program to encourage States
to promote and increase seat belt usage in passenger motor
vehicles. This new program provides incentive grants to
States that either obtain a State seat belt use rate above
the national average, or increase the State seat belt usage.
The Secretary shall determine annually: 1) those States that
achieved a usage rate higher than the national average, and
the amount of Federal government budget savings from Federal
medical insurance programs associated with the higher seat
belt usage rate; or 2) those States that realized an increase
in the seat belt rate compared with the State's base rate,
and the resulting Federal government budget savings from
Federal medical insurance-programs.
Under this section, the Secretary is required to allocate
to each State in fiscal years 1999 through 2003 the amount of
Federal medical savings that resulted from either increases
in seat belt usage over the national average or increases
over the State's base rate. This section provides $60 million
for fiscal year 1998; $70 million for fiscal year 1999; $80
million for fiscal year 2000; $90 million for fiscal year
2001; and $100 million for each of fiscal years 2000 and
2003.
Conference substitute
The Conference adopts the Senate provision.
Scenic Byways Center, Duluth, Minnesota
House bill
Section 118(c) authorizes $1.5 million for each fiscal
years 1998 through 2003 to establish a center for national
scenic byways in Duluth, Minnesota. This center would provide
technical communications and network support for nationally
designated byway routes.
Senate amendment
The Senate contains no comparable provision.
Conference substitute
The Senate adopts the House provision. It is the
Conferees
intent that the Center for the National Scenic Byways be
staffed by the regional planning agency located in
Northeastern Minnesota. The regional planning agency located
in Northeastern Minnesota has experience in transportation
planning, tourism planning, resource planning, economic
development and community planning. The regional planning
agency has demonstrated its ability to manage scenic byway
projects, develop a technical information network and provide
national leadership in supporting the National Scenic Byway
Program.
Wetland Restoration Pilot Program
House bill
The House bill contains no comparable provision.
Senate amendment
Section 1503 authorizes the Secretary to establish a
national wetland restoration pilot program. This
discretionary pilot program shall fund restoration projects
to offset the degradation of wetlands resulting from highway
construction projects carried out before December 27, 1977.
The Secretary is required to submit a report on the results
of the program every three years. This provision provides
contract authority in the amount of $12 million for fiscal
year 1998; $13 million for fiscal year 1999; $14 million for
fiscal year 2000; $17 million for fiscal year 2001; $20
million for fiscal year 2002; and $24 million for fiscal year
2003 to carry out this program.
This section is devoted to historic losses of wetlands
only. Funds provided in this program are not intended to
reward State departments of transportation for knowingly
[[Page H3912]]
degrading wetlands through highway construction. Therefore,
the funds provided in this section are not to be used to
mitigate wetlands losses from current and future highway
projects or from projects carried out after December 1977.
Conference substitute
The Conference adopts the Senate provision.
TITLE II--HIGHWAY SAFETY
amendments to title 23
House bill
This section provides that, except as otherwise
specifically provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provisions of law, the reference shall
be considered to be made to a section or other provision of
title 23, United States Code.
Senate amendment
Section 3002 provides that, unless otherwise provided,
statements of amendment or repeal in this title refer to
sections or provisions of title 23, United States Code.
Conference substitute
No provision is included.
sec. 2001. highway safety programs
House bill
Sec. 202. Highway Safety Programs.
Subsection (a) amends the highway safety program to include
uniform guidelines that prevent accidents. This subsection
also makes a technical and conforming amendment to the
highway safety program.
Subsection (b) makes several technical and conforming
amendments to section 402(b).
Subsection (c) amends section 402(c) to increase the
minimum annual apportionment to Indians (through the
Secretary of the Interior) from one-half of one percent to
three-fourths of one percent of the total apportionment under
the section.
Subsection (d) amends section 402(i) to allow section 402
grants to be made to Indian tribes in Indian Country. This
subsection also defines Indian Country.
Subsection (e) amends section 402(j) to delete rulemaking
requirements and instead directs the States to consider
highly effective programs that reduce crashes, injuries, and
deaths that have been identified by the Secretary when the
States develop their highway safety programs.
Senate amendment
Sec. 3101 continues the existing State and community
highway safety program, established under Section 402 of
title 23, United States Code, and amends the program as
follows:
Subsection (a), ``Uniform Guidelines,'' and Subsection (b),
``Administrative Requirements,'' make several technical and
conforming amendments to Sections 402 (a) and (b).
Subsection (c), ``Apportionment of Funds,'' makes one
technical correction to Section 402(c) and one substantive
amendment. To increase the effective delivery of the Section
402 program to the more than 500 Federally recognized Indian
tribes, an amendment is provided to raise the minimum annual
apportionment to the Indians (through the Secretary of the
Interior) from one-half of one percent to three-fourths of
one percent of the total apportionment under the section.
Subsection (d), ``Application in Indian Country,'' amends
Section 402 to allow Section 402 grants to be made to Indian
tribes in ``Indian Country.''
Subsection (e), ``Rulemaking Process,'' amends Section
402(j), which requires the periodic identification, by
rulemaking, of highway safety programs that are most
effective in reducing traffic crashes, injuries, and deaths.
Instead of requiring the States to direct the resources of
the national program to the fixed areas identified by this
rulemaking process, the amendment directs the States to
consider these highly effective programs when developing
their highway safety programs.
Section 3105 would amend Section 402(a) of title 23, U.S.
Code, to insert ``post-accident procedures, including the
enforcement of light transmission standards of glazing for
passenger motor vehicles and light trucks as necessary to
improve highway safety.''
Conference substitute
The conference agreement includes comparable provisions of
the House bill and Senate amendment. In addition,
subsection
202(f) of the House bill allowing States to use section 402
funds to purchase television and radio time for public
service announcements is revised to include a requirement
that States which use funds for such purposes submit a report
to the Secretary on the effectiveness of the messages.
Section 3105 of the Senate amendment regarding enforcement
of window glazing standards is included in subsection (a)(3).
sec. 2002. highway safety research and development
House bill
Sec. 203. Highway Safety Research and Development.
This section amends section 403(a) relating to highway
safety research and development to provide additional
authority to the Secretary to engage in research focusing on
training in work zone safety management.
Senate amendment
Section 3104(a)(1) amends Section 403(b)(1) of title 23,
U.S. Code, to add a provision on programs to train law
enforcement officers on motor vehicle pursuits conducted by
police. Section 3104(a)(2), allows the Secretary to use, out
of the amounts appropriated to carry out section 403 of title
23, U.S. Code, such amounts as may be necessary to carry out
the motor vehicle pursuit training program of section
403(b)(1)(D) of title 23, U.S. Code, but not in excess of
$1,000,000 for each of fiscal years 1999, 2000, 2001, 2002,
and 2003.
Section 3104(b) directs that, not later than 180 days after
the date of enactment of this Act, the Attorney General of
the United States, the Secretaries of Agriculture, Interior,
Treasury, the Chief of Capitol Police, and the General
Services Administrator shall transmit a report to Congress on
their policy concerning motor vehicle pursuits, and a
description of their procedures for such training.
Subsection (h), ``Drugged Driver Research and Demonstration
Program,'' amends Section 403 (Highway Safety Research and
Development) of title 23, U.S. Code, to direct the Secretary
to do research on (1) the relationship between the
consumption and use of drugs and their effect on highway
safety and drivers; and (2) driver behavior research; and
measures that may deter drugged driving. Section 3103(1)(E),
noted below, authorizes $2 million for each of fiscal years
1999-2003 to carry out the drugged driving research and
demonstration programs under subsection (h).
Conference substitute
The Senate recedes to the House provision amending
section
403(a) of title 23 regarding work zone safety management.
The House recedes with modifications to subsection 3101(h)
and section 3104 of the Senate amendment to amend section
403(b) regarding drugged driving and programs to train law
enforcement officers on motor vehicle pursuits conducted by
law enforcement officers. Not more than $2 million per fiscal
year from section 403 funds shall be available for drugged
driving activities and not more than $1 million per fiscal
year from section 403 funds shall be available for motor
vehicle pursuit activities.
sec. 2003. occupant protection incentive grants
House bill
Sec. 204. Occupant Protection Incentive Grants.
This section establishes a new occupant protection
incentive grant program under section 405 of title 23, United
States Code. The Secretary is authorized to make grants to
States that adopt and implement effective laws and programs
aimed at increasing safety belt and child safety seat use.
New subsection 405(a) sets forth the general authority to
make grants to states; requires maintenance of effort by
States receiving such grants; sets forth a six-year maximum
period of maximum eligibility and a federal share of 75
percent in the first two years a state receives a grant,
50 percent in the third and fourth years, and 25 percent
in the fifth and sixth years.
New subsection 405(b) sets forth criteria for Grant A. A
state must meet at least five (and beginning in fiscal year
2001, six) of the following: (1) a law that makes it unlawful
throughout the State the operation of a passenger motor
vehicle whenever a person (other than a child who is secured
in a child restrain system) in the front seat of a vehicle
(and beginning in fiscal year 2000, in any seat in the
vehicle) does not have a safety belt properly secured about
the person's body; (2) a provision in its safety belt use law
that provides for its primary enforcement; (3) the State
imposes a minimum fine or penalty points against an
individual's driver's license for a violation of the State's
safety belt use law; (4) a law requiring children up to four
years of age to be properly secured in a child safety seat in
all appropriate seating positions in all passenger motor
vehicles; (5) a Statewide special traffic enforcement program
that includes emphasis on publicity for the program; (6) a
Statewide comprehensive child occupant protection education
program; and (7) a law that a child up to 10 years of age
(and beginning in 2003 a child up to 16 years of age) is
properly restrained.
New subsection 405(c) sets forth criteria for Grant B: A
State must: (1) demonstrate a Statewide safety belt use rate
in both front outboard seating positions in all vehicle types
of 80 percent or higher in each of the years a grant is
received; and (2) follow safety belt use survey methods which
conform to guidelines issued by the Secretary ensuring that
such measurements are accurate and representative.
New subsection 405(d) provides that States that meet the
criteria for grants A or B would receive, for each grant, up
to 30 percent of its fiscal year 1997 apportionment under
section 402, of title 23, United States Code.
New subsection 405(e) defines the terms ``child safety
seat,'' ``motor vehicle,'' ``multipurpose passenger
vehicle,'' ``passenger vehicle,'' and ``safety belt.''
New subsection 405(f) provides that administrative expenses
are limited to 5 percent of program funds.
New subsection 405(g) provides that funding for the program
is provided with contract authority and the non-Federal share
may be provided through credits for State and local
expenditures. The Secretary also has the authority to
increase the Federal share for certain Indian tribe programs.
The Secretary of Interior is authorized to receive funds made
available for Indian tribe programs.
[[Page H3913]]
Senate amendment
Section 3103(g) amends title 23, U.S. Code, to establish a
new occupant protection inventive program under Section 410
of title 23 (``Safety belts and occupant protection
programs''), to encourage States to increase their level of
effort and implement effective laws and programs aimed at
increasing safety belt and child safety seat use. The new
Section 410 contains two subsections--subsection (a) and
subsection (b).
Under Section 410(a), a State may establish its eligibility
for one or both of two basic occupant protection grants--A
and B--by adopting or demonstrating certain criteria, as
appropriate, to the satisfaction of the Secretary.
To establish eligibility for the first basic grant A under
paragraph (1), a State must adopt or demonstrate at least 4
of the 6 following: (1) a law that makes unlawful throughout
the State the operation of a passenger motor vehicle whenever
a person in the front seat of the vehicle (other than a child
who is secured in a child restraint system) does not have a
safety belt properly secured about the person's body; (2) a
provision in its safety belt use law that provides for its
primary enforcement; (3) a law requiring minors who are
riding in a passenger motor vehicle to be properly secured in
a child safety seat or other appropriate restraint system;
and, an effective public awareness program that advocates
placing passengers under the age of 13 in the back seat of a
motor vehicle equipped with a passenger-side air bag whenever
possible; (4) demonstrates implementation of a statewide
comprehensive child occupant protection education program
that includes education about proper seating positions for
children in air bag-equipped motor vehicles and instruction
on how to reduce the improper use of child restraint systems,
and submits to the Secretary an evaluation or report on the
effectiveness of the programs at least 3 years after receipt
of the grant; (5) a minimum fine of at least $25 for
violations of its safety belt use law and a minimum fine of
at least $25 for violations of its child passenger protection
law; and (6) a statewide occupant protection Special Tariff
Enforcement Program (STEP) that includes emphasis on
publicity for the program.
To establish eligibility for the second basic grant B under
paragraph (2), a State must: (1) demonstrate a statewide
safety belt use rate in both front outboard seating positions
in all passenger motor vehicles of 80 percent or higher in
each of the first three years a grant is received, and of 85
percent or higher in each of the fourth, fifth, and sixth
years a grant is received; and (2) follow safety belt use
survey methods which conform to guidelines issued by the
Secretary ensuring that such measurements are accurate and
representative.
States that meet the criteria for a basic grant under
paragraph (1) or (2) would receive, for each grant, up to 20
percent (up to 40 percent if they qualify for both) of their
fiscal year 1997 apportionment under Section 402 of Title 23,
United States Code.
States that meet the criteria for one or both of the two
basic grants also would be eligible to receive supplemental
grants for one or more of the following: (1) requiring the
imposition of penalty points against a driver's license for
violations of child passenger protection requirements; (2)
having no non-medical exemptions in effect in their safety
belt and child passenger protection laws; (3) having in
effect a law that requires safety belt use by all rear-seat
passengers in all passenger motor vehicles with a rear seat.
For each supplemental grant criterion that is met, a State
would receive an amount up to 5 percent of its Section 402
apportionment for fiscal year 1997. Definitions are provided
for ``child safety seat,'' ``motor vehicle,'' ``multipurpose
passenger vehicle,'' ``passenger car,'' ``passenger motor
vehicle,'' and ``safety belt.''
Under Section 410(b), subject to the availability of
appropriations, the Secretary may make a grant to a State
that demonstrates the implementation of a Child Occupant
Protection Education Program, described in subsection
(a)(1)(D), that submits an application, in the form and
manner as the Secretary may prescribe, that is approved by
the Secretary to carry out activities specified in
subparagraph (B) through: (1) the child occupant protection
program of the State, described in subsection (a)(1)(D); and
(2) at the option of the State, a grant program established
by the State to provide for carrying out of 1 or more of the
activities specified in subparagraph (B) by a political
subdivision of the State or an appropriate private entity.
Funds provided to a State under a grant under this
subsection shall be used to implement child restraint
programs specified under subparagraph (B), which specifically
include programs that: (1) are designed to prevent deaths and
injuries to children under the age of 9; and (2) educate the
public concerning all aspects of the proper installation of
child restraints using standard seatbelt hardware,
supplemental hardware, and modification devices (if needed),
including special installation techniques; and appropriate
child restraint design, selection and placement; and harness
threading and harness adjustment; and train and retrain child
passenger safety professionals, police officers, fire and
emergency medical personnel, and other educators concerning
all aspects of child restraint use.
The Secretary may make a grant under this subsection
without regard to whether a covered State, described in
subsection without regard to whether a covered State,
described in subsection (a)(1)(D), is eligible to receive, or
has received, a grant under subsection (a).
The appropriate official of each State that receives a
grant under this subsection shall prepare, and submit to the
Secretary, an annual report for the period covered by the
grant. This report shall contain such information as the
Secretary may require; and at a minimum, describe the program
activities undertaken with the grant funds. Also, not later
than 1 year after the date of the enactment of this
provision, and annually thereafter, the Secretary shall
prepare, and submit to Congress, a report on the
implementation of this subsection that includes a description
of the programs undertaken and materials developed and
distributed by the States that receive grants under this
subsection.
Separate authorizations are provided to carry out
subsection (b) of $75,500,000 for each of fiscal years 1999
and 2000.
Conference substitute
The conference agreement includes provisions from the House
bill and the Senate amendment. A State is eligible to receive
a grant if it meets 4 of the following criteria: (1) a law
that makes it unlawful to operate a vehicle whenever an
individual in the front seat (and beginning in the year
2001, any seat) of a vehicle does not have a seat belt
properly secured; (2) the State provides enforcement of
its safety belt use laws; (3) the State imposes minimum
fines or provides for penalty points for violations of its
safety belt use laws or child passenger protection laws;
(4) the State has implemented a statewide enforcement
program; (5) the State has implemented a statewide
comprehensive child passenger protection education
program; and (6) the State has in effect a law that
requires minors to be properly secured in a child seat or
other appropriate restraint system. It is noted that
States have differing laws regarding the age of ``minors''
and the provision should be implemented in a flexible
manner to reflect these differences.
A qualifying State may receive a grant amount of up to 25
percent of amounts it received in fiscal year 1997 under
section 402.
The conference agreement does not include the performance-
based incentive grants since a $500 million performance based
incentive grant is established in Title I.
The House recedes with modifications to subsection 2003(b)
of the Senate amendment authorizing a two-year, $15 million
general fund program to provide grants to states for child
passenger protection education programs. The Senate provision
is amended to require a 20 percent non-Federal match for any
grant funds received by a State and annual reporting
requirements are revised to require a report to the Secretary
by any State receiving a grant and a report from the
Secretary to Congress to be submitted not later than June 1,
2002.
sec. 2004. alcohol-impaired driving countermeasures.
House bill
Sec. 205. Alcohol-Impaired Driving Countermeasures.
This section amends the current section 410 to establish a
new comprehensive drunk and impaired driving countermeasures
incentive program to encourage States to increase their level
of effort and implement effective programs aimed at deterring
the drunk driver.
New subsection 410(a) sets forth the general authority for
the Secretary to make grants.
New subsection 410(b) requires maintenance of effort by
States receiving a grant.
New subsection 410(c) sets forth a six-year maximum period
of eligibility and a federal share of 75 percent in the first
two years a State receives a grant, 50 percent in the third
and fourth years, and 25 percent in the fifth and sixth
years.
New subsection 410(d)(1) establishes criteria for basic
grant A. A State must adopt or demonstrate at least 5 of the
following: (1) a State law that provides that an individual
with a blood alcohol concentration (BAC) of 0.08 percent or
greater while operating a motor vehicle is deemed to be
driving while intoxicated; (2) an administrative driver's
license suspension or revocation system for drunk drivers;
(3) an effective system for preventing drivers under age 21
from obtaining alcoholic beverages and preventing persons
from making alcoholic beverages available to individuals
under age 21; (4) a Statewide program for stopping vehicles
on a nondiscriminatory basis or a Statewide impaired driving
special traffic enforcement program that includes emphasis on
publicity for the program; (5) effective sanctions for repeat
offenders convicted of driving while under the influence of
alcohol; (6) programs to target individuals with high BAC
while operating a motor vehicle; (7) programs to reduce
driving while under the influence of alcohol by individuals
age 21 through 34; and (8) an effective system for increasing
the rate of BAC testing in fatal accidents and by the year
2000 achieves a rate of testing equal to or greater than the
national average.
New subsection 410(d)(2) establishes criteria for basic
grant B. A State must adopt or demonstrate to the
satisfaction of the Secretary that (1) its percentage of
fatally injured drivers with 0.10 percent or greater BAC has
decreased in each of the 3 most recent calendar years for
which statistics for determining such percentages are
available;
[[Page H3914]]
and (2) that percentage has been lower than the average
percentage for all States in each of such calendar years.
New subsection 410(e) provides that States that meet the
criteria for a basic grant would receive, for each grant, up
to 30 percent of its fiscal year 1997 apportionment under
section 402.
New subsection 410(e) authorizes the Secretary to make
discretionary grants to States carrying out innovative
programs to reduce traffic safety problems resulting from
individuals driving while under the influence of alcohol or
controlled substances. A State is eligible to receive a
discretionary grant only if the State is eligible to receive
a basic grant A or B under this section. The amounts made
available to carry out the discretionary grants may not
exceed 12 percent of the total funds available for section
410.
New subsection 410(f) provides that administrative expenses
for carrying out this section may not exceed 5 percent of the
funds authorized to be appropriated for this section.
New subsection 410(g) provides that funding made available
under this section would be contract authority. The Secretary
is authorized to credit certain amounts of state and local
expenditures toward the non-Federal share of the project
under this section. The Federal share of the cost of the
program for Indian tribes may be increased. Amounts made
available for the Indian tribe program will be administered
through the Secretary of the Interior.
New subsection 410(h) defines the terms ``alcoholic
beverage,'' ``controlled substances,'' ``motor vehicle,'' and
``open alcoholic beverage container.''
Senate amendment
Subsection 3101(f) amends Section 402 to establish a
comprehensive drunk and impaired driving incentive program to
encourage States to increase their level of effort and
implement effective programs aimed at deterring the drunk
driver. The new program is similar in structure to that of
the existing Section 410 drunk driving prevention incentive
program, established under Section 410 of Title 23, United
States Code, and would replace the Section 410 program.
A State may establish its eligibility for one or more of
three basic alcohol impaired-driving countermeasure grants--
A, B, and C--by adopting or demonstrating certain criteria,
as appropriate, to the satisfaction of the Secretary.
To establish eligibility for the first basic grant A under
paragraph (1), a State must adopt or demonstrate at least 7
of 9 of the following: (1) a law that provides for a per se
law setting .08 BAC level as intoxicated; (2) an
administrative driver's license suspension or revocation
system for drunk drivers; (3) an effective underage drinking
program for preventing operators of motor vehicles under age
21 from obtaining alcoholic beverages; (4)(A) a statewide
program for stopping motor vehicles on a nondiscriminatory,
lawful basis to determine whether the operators are driving
while under the influence of alcohol, or (B) a statewide
impaired driving Special Traffic Enforcement Program (STEP)
that includes emphasis on publicity for the program; (5)
effective sanctions for repeat offenders convicted of driving
while intoxicated or driving under the influence of alcohol;
(6) a three-tiered graduated licensing system for young
drivers that includes nighttime driving restriction,
requiring that all vehicle occupants to be properly
restrained, and providing that all drivers under age 21 are
subject to zero tolerance at .02 percent BAC or greater while
operating a motor vehicle; (7) programs targeting persons
with high blood alcohol concentrations (BAC) who operate a
motor vehicle; (8) young adult programs to reduce driving
while under the influence of alcohol by persons age 21
through 34; and (9) an effective system for increasing the
rate of testing for blood alcohol concentration of motor
vehicle operators at fault in fatal crashes.
To establish eligibility for the second basic grant B under
paragraph (2), a State must adopt either an administrative
driver's license suspension or revocation system for drunk
drivers, or a law that provides for a per se law setting .08
BAC level as intoxicated.
To establish eligibility for the third basic grant C under
paragraph (3), a State must demonstrate that its percentage
of fatally injured drivers with 0.10 percent or greater blood
alcohol concentration has both: (1) decreased in each of the
3 most recent calendar years for which statistics for
determining such percentages are available; and (2) been
lower than the average percentage for all States in each of
such calendar years.
States that meet the criteria for a basic grant under
paragraphs (1), (2) or (3) would receive, for each grant, up
to 15 percent (up to 30 percent if they qualify for two, and
up to 45 percent if they qualify for all three) of their
fiscal year 1997 apportionment under Section 402 of Title 23,
United States Code.
States that meet the criteria for any one or more of the
three basic grants also would be eligible to receive
supplemental grants for one or more of the following: (1)
making it unlawful to possess open containers of alcohol in
the passenger area of motor vehicles (excepting charter
buses) while on the road; (2) adopting a mandatory BAC
testing program for drivers in crashes involving fatalities
or serious injuries; (3) videotaping of drunk drivers by
police; (4) adopting and enforcing a ``zero tolerance'' law
providing that any person under age 21 with a BAC of .02 or
greater when driving a motor vehicle shall be deemed driving
while intoxicated or driving under the influence of alcohol,
and further providing for a minimum suspension of the
person's driver's license of not less than 30 days; (5)
requiring a self-sustaining impaired driving program; (6)
enacting and enforcing a law to reduce incidents of driving
with suspended licenses; (7) demonstrating an effective
tracking system for alcohol-impaired drivers; (8) requiring
an assessment of persons convicted of abuse of controlled
substances, and the assignment of treatment for all DWI and
DUI offenders; (9) implementing a program to acquire passive
alcohol sensors to be used by police in detecting drunk
drivers; and (10) enacting and enforcing a law that provides
for effective penalties or other consequences for the sale or
provision of alcoholic beverages to a person under 21. For
each supplemental grant criterion that is met, a State would
receive, in no more than two fiscal years, an amount up to 5
percent of its Section 402 apportionment for fiscal year
1997. Definitions are provided for ``alcoholic beverage,''
``controlled substances,'' ``motor vehicle,'' and ``open
alcoholic beverage container.''
Conference substitute
The conference agreement includes provisions of both the
House bill and Senate amendment. A State is eligible to
receive a grant under section 410 if it meets five of the
following criteria: (A) an administrative license suspension
or revocation system for drunk drivers; (B) an effective
underage drinking program; (C) a statewide program for
stopping vehicles on a non-discriminatory, lawful basis or a
Statewide impaired driving special traffic enforcement
program that includes emphasis on publicity for the program;
(D) graduated licensing systems; (E) programs to target
drivers with high BACs; (F) programs to reduce driving under
the influence by young adults age 21 through 34; and (G) an
effective system for increasing the rate of BAC testing and,
by the year 2001, a rate of testing that is equal to or
greater than the national average.
The conference agreement does not include a .08 BAC
criteria since a $500 million .08 incentive program is
included in Title I.
A qualifying State may receive a grant of up to 25 percent
of amounts it received in fiscal year 1997 under section 402.
The conference agreement also authorizes the Secretary to
make supplemental grants. The provision includes several of
the Senate items and includes a new broad criteria. The
Secretary should use the supplemental grants to assist States
in developing innovative programs. The Secretary may
determine the amount of each supplemental grant and is not
required to provide the same amount for each grant.
The conference agreement provides that the amendments to
section 410 of title 23, United States Code, take effect on
October 1, 1998 so that funding provided for the remainder of
fiscal year 1998 are subject to the current section 410
program requirements.
sec. 2005. highway safety data improvements
House bill
Sec. 206. This section amends section 406 to create a new
State highway safety data improvement incentive grant program
to encourage States to take effective actions to improve the
timeliness, accuracy, completeness, uniformity, and
accessibility of the data they need to identify the
priorities for national, State and local highway and traffic
safety programs, to evaluate the effectiveness of such
efforts, to link these data, including traffic records,
together and with other data systems within the State, such
as medical and economic data, and to improve the
compatibility of State systems with national and other
States' data systems.
The Secretary, in consultation with States and other
appropriate parties, is directed to develop model data
elements for States' systems. It should be noted that
subsection (b) regarding model data elements and that States'
plans should demonstrate how the model data elements will be
incorporated is not to be interpreted as requiring States to
immediately adopt uniform data. The Committee realizes that
uniform data systems and reporting may necessitate such
changes as modifying computer systems and redesigning police
reports. This is a long term goal and the provision directs
the State to identify steps it will take to move toward the
goal.
The States that receive a grant in any fiscal year must
enter into an agreement with the Secretary to ensure that the
State will maintain its aggregate expenditures from all other
sources for highway safety data programs at or above the
average level of such expenditures in its two fiscal years
prior to the date of enactment of this section.
The maximum period of eligibility for a State to receive a
grant would be six years, beginning after September 30, 1997.
States that meet the criteria for receipt of a grant would
receive grants that would be funded through a declining
federal share.
A State would be eligible for a first-year grant in a
fiscal year if it demonstrates that it has (1) established a
highway safety data and traffic records coordinating
committee with a multi-disciplinary membership; (2) completed
a highway safety data and traffic records assessment or audit
of its highway safety data and traffic records system; and
(3) initiated the development of a strategic plan that
identifies and prioritizes the State's highway safety data
and traffic
[[Page H3915]]
records needs and goals, and performance-based measures by
which progress toward those goals will be determined.
A State also would be eligible for a first-year grant in a
fiscal year if it provides (1) certification that it has met
the requirements of (1) and (2) listed above; and (2) a
multi-year plan that identifies and prioritizes the State's
highway safety data and traffic records needs and goals, that
specifies how its incentives funds will be used to address
those needs and the goals of the plan, and that identifies
performance-based measures by which progress toward those
goals will be determined; and (3) certification that the
highway safety data and traffic records coordinating
committee continues to operate and support the multi-year
plan.
A State that meets certain criteria for a first-year grant
would receive up to $125,000, based on available
appropriations. A State that meets the additional criteria
for a first-year grant would receive an amount equal to a
proportional amount of the amount apportioned to the State
for fiscal year 1997 under section 402, except that no State
would receive less than $225,000.
A State would be eligible for a grant in any fiscal year
succeeding the first fiscal year in which they receive a
State highway safety improvement grant if the State (1)
submits or updates a multi-year plan that identifies and
prioritizes the State's highway safety data and traffic
records needs and goals, that specifies how its incentive
funds for the fiscal year will be used to address those needs
and the goals of the plan, and that identifies performance-
based measures by which progress toward those goals will be
determined; (2) certifies that its highway safety data and
traffic records coordinating committee continues to support
the multi-year plan; and (3) reports annually on its progress
in implementing the multi-year plan.
A State that meets the criteria for a succeeding-year grant
in any fiscal year would receive an amount equal to a
proportional amount of the amount apportioned to the State
for fiscal year 1997 under section 402 of title 23, except
that no State shall receive less than $225,000 based on
available appropriations.
Administrative expenses for carrying out this section may
not exceed 5 percent of the funds authorized to be
appropriated. The funding for grants provided under this
section is provided with contract authority and the non-
Federal share may be provided through credits for State and
local expenditures. The Secretary also has the authority to
increase the Federal share for certain Indian tribes. The
Secretary of the Interior is authorized to receive funds made
available for Indian tribe programs.
Senate amendment
Sec. 3101(f). The Senate bill contains a similar provision
with two differences. It includes a provision authorizing the
Secretary to award States that do not meet the first-year
eligibility criteria up to $25,000 to assist their efforts to
qualify in the next fiscal year. The Senate bill does not
include a provision on model data elements.
Conference substitute
The Conference merges the House and Senate
provisions by
retaining the House model data elements and the Senate
$25,000 grants for States that do not meet the eligibility
criteria. The Conference emphasizes that while the Secretary
should assist States trying to meet the eligibility criteria,
the $25,000 grants are available to each State only once. If
the State fails to qualify for a regular grant the next year,
it would not be eligible for an additional $25,000.
The Conference also replaces the word ``causation'' with
``circumstances'' in recognition that determining accident
causation precisely is difficult, even when adequate data are
available. Collection of data on crash circumstances,
however, will contribute to our ability to understand crash
causation and identify potentially effective countermeasures.
sec. 2006. national driver register
House bill
Sec. 207. Subsection (a) amends section 30302 (``National
Driver Register'') by adding a new subsection (e). Under
subsection (e), the Secretary would be authorized to enter
into an agreement with an organization that represents the
interests of the States to manage, administer, and operate
the National Driver Register's (NDR) computer timeshare and
user assistance functions. The Secretary is required to
demonstrate that any transfer of these functions will begin
only after the Secretary makes a determination that all
States are participating in the NDR's ``Problem Driver
Pointer System'' and that the system is functioning properly.
Any agreement entered into to transfer these functions shall
include a provision for a transition period to allow the
States time to make any budgetary and legislative changes
needed in order to pay fees for using these functions. The
fees charged by the organization representing the interests
of the States in any fiscal year for the use of these
functions shall not exceed the organization's total cost for
performing these functions in that fiscal year.
Subsection (b)(1) amends Section 30305(b) to make technical
conforming amendments.
Subsection (b)(2) amends section 30305(b) to add two
substantive provisions. The first would eliminate a
deficiency in the NDR by extending participation to federal
departments or agencies that both issue motor vehicle
operator's licenses and transmit reports on individuals to
the NDR over whom the department or agency has such licensing
authority. The reports on these individuals transmitted by
the federal department or agency must contain the identifying
information specified in subsection 30304(b).
Subsection (b) also would allow federal agencies authorized
to receive NDR information to request and receive the
information directly from the NDR, instead of through a
State. The statute currently requires these agencies to
submit all NDR inquiries through a State.
Subsection (c) directs the Secretary to evaluate the
implementation of the NDR and motor carrier and commercial
driver license information systems and identify alternatives
to improve the ability of States to exchange information
about unsafe drivers. The subsection further directs the
Secretary to conduct an assessment, with the American
Association of Motor Vehicle Administrators, of available
technologies to improve access to and exchange of such
information. The assessment may consider alternatives to
facilitate matching drivers and their records.
Senate amendment
Sec. 3102. the Senate bill contains a nearly identical
provision, but does not include the assessment and evaluation
of alternatives to improve the exchange of driver
information.
Conference substitute
The Conference adopts the House provision.
sec. 2007. safety studies
House bill
Sec. 208. Subsection (a) authorizes the Secretary to
conduct a study on the benefit to public safety of blowout-
resistant tires on commercial motor vehicles.
Subsection (b) authorizes the Secretary to conduct a study
to assess occupant safety in school buses.
Subsection (c) requires the Secretary to report the results
of each study to Congress not later than two years after the
date of enactment.
Subsection (d) authorizes the Secretary to expend no more
than $200,000 to conduct each study.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification that the funds for these studies shall come from
funds authorized for highway safety research and development.
sec. 2008. effectiveness of laws establishing maximum blood alcohol
concentrations
House bill
Sec. 209. Subsection (a) directs the Comptroller General to
conduct a study to evaluate the effectiveness of State .08
and .02 BAC laws in reducing the number and severity of
alcohol-related crashes.
Subsection (b) requires the Comptroller General to report
to the Congress within two years the results of the BAC
study.
Senate amendment
The Senate bill contains no comparable provision.
Conference substitute
The Conference adopts the House provision with a
modification to the Senate committee receiving the report.
sec. 2009. authorizations of appropriations
House bill
Sec. 210. This section provides authorizations for the
section 402 program; the section 403 programs; the occupant
protection, alcohol-impaired driving, and highway safety data
incentive grants; and the NDR.
For the NHTSA section 402 safety program, in fiscal year
1998, $128.2 million is provided; for fiscal year 1999,
$150.7 million is provided; for each of fiscal years 2000
through 2003, $195.7 million is provided.
For the FHWA section 402 safety program, in fiscal year
1998, $12 million is provided; for fiscal year 1999, $20
million is provided; for each of fiscal years 2000 through
2003, $25 million is provided.
For NHTSA section 403 research and development, $55 million
is authorized for each of fiscal years 1998 through 2003.
For NHTSA section 403 research and development, $20 million
is authorized for each of fiscal years 1998 through 2003.
For occupant protection incentive grants, in fiscal year
1998, $9 million is provided; in each of fiscal years 1999
through 2003, $20 million is provided.
For alcohol-impaired driving countermeasures incentive
grants, in fiscal year 1998, $35 million is provided; in each
of fiscal years 1999 through 2003; $45 million is provided.
For state highway safety data incentive grants, in fiscal
year 1998, $2.5 million is provided; in each of fiscal years
1999 through 2003, $12 million is provided.
For the National Driver Register, $2.3 million is provided
for each of fiscal years 1999 through 2003.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
Senate amendment
Sec. 3103. The section authorizes funds for the section 402
program; the alcohol-impaired driving countermeasures
incentive grants; the occupant protection incentive grants;
the State highway safety data and
[[Page H3916]]
traffic records improvements incentive grants; highway safety
research; public education; and the NDR.
For the section 402 safety program, in fiscal year 1998,
$117.9 million is provided; for fiscal year 1999, $123.5
million is provided; for fiscal year 2000, $126.9 million is
provided; for fiscal year 2001, $130.4 million is provided;
for fiscal year 2002, $133.8 million is provided; for fiscal
year 2003, $141.8 million is provided.
For alcohol-impaired driving countermeasures incentive
grants, in fiscal year 1998, $30.6 million is provided; for
fiscal year 1999, $28.5 million is provided; for fiscal year
2000, $29.3 million is provided; for fiscal year 2001, $30.1
million is provided; for fiscal year 2002, $38.7 million is
provided; for fiscal year 2003, $39.8 million is provided.
For occupant protection program incentive grants, in fiscal
year 1998, $13.9 million is provided; for fiscal year 1999,
$14.6 million is provided; for fiscal year 2000, $15.0
million is provided; for fiscal year 2001, $15.4 million is
provided; for fiscal year 2002, $17.6 million is provided;
for fiscal year 2003, $17.7 million is provided.
For state highway safety data improvements incentive
grants, in fiscal year 1998, $8.4 million is provided; for
fiscal year 1999, $8.8 million is provided; for fiscal year
2000, $9.0 million is provided; for fiscal year 2001, $9.2
million is provided.
For drugged driving research and demonstration programs,
$2.0 million is provided for each fiscal year, 1999 through
2003.
For highway safety research, $60.1 million is provided for
each fiscal year, 1998 through 2002; and $61.7 million is
provided for fiscal year 2003.
For programs to educate the motoring public on how to share
the road safety with commercial motor vehicles, $500,000 is
provided for each fiscal year 1998 through 2003.
For the National Driver Register, in fiscal year 1998, $1.6
million is provided; for fiscal year 1999, $1.7 million is
provided; for fiscal year 2000, $1.7 million is provided; for
fiscal year 2001, $1.8 million is provided; for fiscal year
2002, $1.8 million is provided; and for fiscal year 2003,
$1.9 million is provided.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
Conference substitute
The section authorizes funds for the section 402 program;
highway safety research and development; the occupant
protection incentive grants; the alcohol-impaired driving
countermeasures incentive grants; the State highway safety
data and traffic records improvements incentive grants; the
NDR; and public education.
For the NHTSA and FHWA section 402 safety program, a total
of $932.5 million is provided for fiscal years 1998 through
2003.
For NHTSA and FHWA highway safety research, $72 million is
provided for each fiscal year, 1998 through 2003.
For occupant protection incentive grants, a total of $68
million is provided for each fiscal years 1999 through 2003.
For alcohol-impaired driving countermeasures incentive
grants, a total of $219.5 million is provided for fiscal
years 1998 through 2003.
For state highway safety data improvements incentive
grants, a total of $32 million for fiscal years 1999 through
2002 is provided.
For the National Driver Register, a total of $12 million is
provided for fiscal years 1998 through 2003.
For research related to the effects of drugs and driver
behavior and measures to deter drugged driving $2 million per
fiscal year is available.
For programs to train law enforcement officers on motor
vehicle pursuits $1 million per fiscal year is available.
For programs to educate the motoring public on how to share
the road safely with commercial motor vehicles, $500,000 is
provided for each fiscal year 1998 through 2003. Because many
motorists are unaware of the limitations of large commercial
vehicles and the driving practices that could help improve
their safety, the Committee believes it is essential to
support a national public education program on sharing the
road safely. Recognizing that such a national program has
been undertaken by the Federal Highway Administration, the
Committee believes the greatest safety benefit and efficiency
would be achieved by FHWA continuing and improving its
current ``share the road'' public education campaign. The
Committee expects that the National Highway Traffic Safety
Administration will transfer $500,000 each year from Section
403 funds as designated under this section to the Federal
Highway Administration for this purpose.
The Secretary may transfer unallocated incentive grant
amounts among the various grant programs to ensure that each
State receives the maximum funding to which it is entitled.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
sec. 3001. short title
House provision
No provision in House bill.
Senate amendment
This title to be cited as the Federal Transit Act of 1997.
Conference report
The title to be cited as the Federal Transit Act of 1998.
sec. 3002. amendments to title 49
House provision
Section 301 provides that, unless stated otherwise, all
references in this title to a section or other provision of
law are to title 49 of the United States Code.
Senate amendment
No provision included.
Conference report
Adopts House proposal.
sec. 3003. definitions
House provision
Section 302 amends section 5302 of title 49 to expand the
definition of ``capital project'' to include transit-related
intelligent transportation systems, preventive maintenance,
leasing of equipment or facilities for use in mass
transportation under certain circumstances, and certain mass
transportation improvements that enhance economic development
or incorporate private investment. It also defines preventive
maintenance, public transportation, transit, and transit
enhancement.
Senate amendment
Section 5003 expands and clarifies the definition of
capital project under section 5302(a)(1) to add preventive
maintenance and intelligent transportation systems. It also
brings together existing capital provisions on leasing of
transit equipment and facilities, the deployment of new
technology, and joint development activities into the
broadened capital definition. Joint development is expanded
to include safety elements and community services as eligible
activities.
Making preventive maintenance an eligible capital expense
gives transit operators greater flexibility and helps to
ensure that the federal investment is properly maintained.
Preventive maintenance does not include routine or servicing
activities or repairing damage caused by an accident.
This section also enables small urbanized areas, which are
defined as having a population between 50,000 and 200,000, to
use any funding distributed under the urbanized area formula
program for either operating or capital expenses. This
enhanced flexibility mirrors that which is currently provided
to rural areas (populations under 50,000).
Conference report
Adopts Senate provision for preventive maintenance,
deployment of new technology, and joint development. Adopts
House provision for transit-related intelligent
transportation systems and leasing.
sec. 3004. metropolitan planning
House provision
Section 303 amends section 5303(b) of title 49 to repeal
the current planning factors and replace them with goals and
objectives of the metropolitan planning process. The
metropolitan planning organization shall cooperatively
determine with the State and mass transit operators how the
goals and objectives considered are translated into
metropolitan goals and objectives and factored into decision
making.
This section allows the metropolitan planning organization
to include, for illustrative purposes, additional projects
that would be included in the long range transportation plan
if reasonable additional resources were available. It also
amends section 5303(f) to add freight shippers and providers
of freight transportation services to the list of persons
metropolitan planning organizations are required to give an
opportunity to comment on the long range transportation plan.
Senate amendment
Section 5004 amends the current metropolitan planning
provisions in sections 5303, 5304, and 5305 and adds a new
section 5305a on Statewide Planning. This new section largely
parallels the statewide planning provisions in the highway
laws, and is included as a separate provision in the transit
laws.
This section retains the requirement that MPOs follow the
ISTEA planning process outlined in the law. It replaces the
16 individual planning factors in current law with a broader
list of seven national goals and factors for the MPOs to
consider, and retains consideration of land use. This section
clarifies that consideration of these seven factors applies
to the planning process as a whole, not separately to each
project under review.
This section adds language directing the MPOs to cooperate
with the state and transit operators, through a public
process, to establish goals and propose programs relating to
these factors. It adds freight shippers to the list of those
who can comment on plans and transportation improvement
programs. These same changes are included in the Statewide
Planning provisions.
This section retains the requirement that the
transportation plans be fiscally constrained. It requires
MPOs to identify the funding source for projects that are
proposed for the regional transportation plan.
There is new language directing MPOs to bring together the
wide range of transportation services being provided within
the region, many of which are funded either directly or
indirectly by federal programs other than the Department of
Transportation (DOT). The intent of the Committee is to
encourage the participation of these non-DOT funded
transportation services, either through individual or
representative organizations, in coordinating regional
transportation services. An analogous provision is included
in the Statewide Planning provisions. The Committee
recognizes elsewhere in the bill the importance of
coordinating these transportation services. Indeed, the
Department of Health and Human Services (HHS)
[[Page H3917]]
and DOT have a long-standing Coordinating Council which is
evaluating the departments' current coordination strategies.
The objectives of this coordination include: joint
identification of human service client transportation needs
and the appropriate mix of transportation services to meet
those needs; the expanded use of public transit services to
deliver human services program transportation; and cost-
sharing arrangements for HHS program clients transported by
ADA paratransit systems based on a uniform accounting system.
This section adds new language for publication of
information in the 3-year transportation improvement program
and the annual selection of projects.
Conference report
Adopts Senate proposal on metropolitan planning and
includes the representatives of the users of public transit
among those to be consulted in the planning process and for
enhanced publication of information on project selection. The
Senate proposal for a separate statewide planning provision
in the transit laws is not adopted.
sec. 3005. transportation improvement program
House provision
This section amends section 5304 of title 49 to require
that the transportation improvement program (TIP) be updated
at least once every three years. It also provides that the
TIP may include, for illustrative purposes, projects that
would be included in the plan if reasonable additional
resources were available.
Senate amendment
This section of the legislation requires that any
metropolitan planning organization that is classified as a
transportation management area and is redesignated after the
enactment of this Act, shall include representatives of the
users of public transit.
Conference report
Adopts Senate provision to include representatives of the
users of public transit to be consulted in the planning
process, and adopts House provision for illustrative list.
sec. 3006. transportation management areas
House provision
This section amends section 5305 to add projects under the
high risk road safety program to the list of projects
selected by the State in consultation with the metropolitan
planning organization. This section also makes a technical
amendment to section 5305.
Senate amendment
Section 5004 makes technical changes to section 5305 and
permits the Secretary to make conditional certifications of
metropolitan planning organizations.
Conference report
Provisions substantially the same.
SEC. 3007. URBANIZED AREA FORMULA GRANTS
House provision
Section 306 amends section 5307 of title 49 to change the
name of the sections and to make a conforming amendments to
the table of sections. It makes technical amendments to
section 5307(a) of title 49, and amends section 5307(b)(1) to
provide that the Secretary may make grants to finance the
operating cost of equipment and facilities only to urbanized
areas with populations of less than 200,000. It repeals
sections 5307(b)(3) and 5307(b)(5). It also provides that of
the funds apportioned each fiscal year to urbanized areas
with populations of 200,000 or more under section 5336, at
least two percent shall only be for transit enhancement
activities.
Senate amendment
Section 5003 provides flexibility for small urbanized areas
to use their formula funds for either capital or operating
assistance.
Conference report
Adopts House provision.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM
House provision
No provision in House bill.
Senate amendment
Section 5007 creates a new Clean Fuels formula grant
program, with an annual funding authorization of $200
million. This program will assist transit systems in
purchasing low emissions buses and related equipment,
constructing alternative fuel fueling facilities. modifying
existing garage facilities to accommodate clean fuel vehicles
and assisting in the utilization of biodiesel fuel.
Annual grants to any one recipient are capped $25 million
for recipients in urbanized areas over one million population
and $15 million for recipients in urbanized areas under one
million population. Eligible technologies include compressed
natural gas (CNG), liquified natural gas (LNG), biodiesel
fuel, battery, alcohol-based fuel, hybrid electric, fuel cell
or other zero emissions technology.
Conference report
Adopts Senate provision.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS
House provision
Section 308 makes technical changes to section 5309.
The section reforms the New Starts evaluation process and
requires the Secretary to make fiscally constrained
recommendations to Congress. Not more than eight percent of
the funds made available in each fiscal year for new fixed
guideway systems and extensions to existing systems are
available for activities other than final design and
construction.
This section also clarifies that the Secretary shall
consider the age of buses, bus fleets, and related equipment
and facilities in making grants for buses and related
facilities. This section also provides funding for the bus
testing facility for each of fiscal years 1998 through 2003.
This section requires that a certain percentage of the funds
made available for bus and bus-related facilities be
available to carry out the bus technology pilot program and
for non-urbanized areas. This section establishes a pilot
program for the testing and deployment of new bus technology.
Senate amendment
Section 5008 amends section 5309(e)(3)(B) to add the
benefits of transit-oriented land use as one of the factors
to be considered by the Secretary in reviewing New Starts
projects. There is a growing awareness and agreements that
mass transit investment produces economic benefits, partly
through reduced local infrastructure costs. This change is
intended to reflect the importance of these considerations in
evaluating New Starts.
This section similarly amends section 5309(m) to limit the
amount of New Starts funding that can be used for purposes
other than final design and construction to 8 percent of
amounts made available for this program.
Conference report
Provisions substantially the same.
Houston Regional Bus Plan, Westpark Corridor.--The
conferees note that under existing law, Houston Metro may
apply for, and FTA may approve, the transfer of sums
previously appropriated under Metro's Full Funding Grant
Agreement from the development of the Westpark Corridor HOV
facility to any other section 5309 project, with no effect on
any other provisions of the Full Funding Grant Agreement.
Accordingly the conferees encourage the Administrator, upon a
receipt of such a transfer request (if so requested by
Houston Metro), to work with Houston Metro officials to
consider approval of such request.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS
House provision
Section 309 directs the Secretary to study the dollar value
of mobility improvements and report to Congress on the
results.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3011. LOCAL SHARE
House provision
No provision in House bill.
Senate amendment
Section 5006 provides that the proceeds from the issuance
of revenue bonds can be used as a local match.
Conference report
Adopts Senate provision with modification. If the Secretary
finds that the operation of this provision benefits the
transit operators, he shall recommend to Congress that a
permanent change in the Federal Transit laws be made no later
than the reauthorization of this Act to make the proceeds
from the issuance of revenue bonds eligible for local share
under section 5307 and 5309 of title 49. All Federal grant
requirements apply, including the requirement that the
recipient has the financial capacity to carry out the
project.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATION
House provision
Section 312 makes research grants for fixed guideway
technology.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES
House provision
Section 310 makes changes.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS
House provision
Section 311 makes technical changes.
Senate provision
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3015, RESEARCH, DEVELOPMENT, DEMONSTRATIONS, AND TRAINING
PROJECTS
House provision
Section 312 makes technical changes. It establishes a
program for Joint Partnerships for Deployment of Innovation
and International Mass Transportation activities. This
section also establishes a mass transportation technology
development and deployment program. It also provides funding
[[Page H3918]]
for the fuel cell transit bus program and maintenance
facility, and establishes an Advanced Technology Pilot
Project for the development of low-speed magnetic levitation
technology for public transportation.
Senate amendment
Section 5011 establishes a Joint Partnership Program for
Deployment of Innovation to implement major research
activities.
Conference report
Senate recedes to fuel cell bus, low speed mag lev
proposals, and International Mass Transportation Program.
Conferees adopt Joint Partnership for Deployment of
Innovation.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS
House provision
Section 313 provides additional funding for activities to
help transit providers comply with the Americans With
Disabilities Act.
Senate provision
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3017. NATIONAL TRANSIT INSTITUTE
House provision
Section 314 changes the name of the Institute and expands
the list of subjects that may be taught at the National
Transit Institute.
Senate amendment
Senate amendment amends section 5315(a) to add workplace
safety to the list of subjects that may be taught at the
National Transit Institute.
Conference report
Adopts House and Senate provisions.
SEC. 3018. BUS TESTING FACILITIES
House provision
Section 317 clarifies that the Secretary may enter into
either a contract or cooperative agreement to operate and
maintain the bus testing facility.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3019. BICYCLE FACILITIES
House provision
Section 318 increases the federal share for bicycle
projects that are related to transit enhancement activities.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE
House provision
Section 319 clarifies that the incremental cost of vehicle-
related equipment necessary for complying with or maintaining
compliance with the Clean Air Act is reimbursable at a
federal share of 90 percent.
It also provides that the Secretary may allow a
manufacturer or supplier to correct an inadvertent or
clerical error in a Buy America Act certification after bid
opening. This section encourages coordination in the design
and delivery of transportation services among governmental
agencies and non-profit organizations that provide such
services. It consolidates certifications required by FTA.
Senate amendment
Section 5016 requires coordination in providing
transportation services among governmental agencies and
nonprofit organizations that receive federal government
funds.
Conference report
Coordinated transportation provisions substantially the
same. Adopts House provision on consolidated certification
and on inadvertent error with modification.
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE
INVESTMENT
FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND
House provision
No provision.
Senate amendment
Section 5021 permits non-Amtrak states to use their formula
funds for inter-city rail.
Conference report
Adopt Senate provision with modification to establish a
pilot program to support Amtrak activities in Oklahoma.
SEC. 3022. CONTRACT REQUIREMENTS
House provision
Section 320 makes technical amendments relating to
contracts.
Senate amendment
No provision in Senate.
Conference report
Adopts House provision.
SEC. 3023. SPECIAL PROCUREMENTS
House provision
Section 321 makes changes to the definition of a turnkey
system project.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW
House provision
Section 322 clarifies that the Secretary may provide
technical assistance to correct deficiencies identified as
part of project management oversight.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3025. ADMINISTRATIVE PROCEDURES
House provision
Section 324 authorizes the Senate to collect fees to cover
the costs of training and conferences sponsored by the
Federal Transit Administration, and makes technical changes
to this section.
Senate amendment
Section 5017 allows grantees to sell assets, including
land, that are acquired with federal funds and to keep the
proceeds for use in mass transportation.
Conference report
Adopts Senate provision.
SEC. 3026. REPORTS AND AUDITS
House provision
Section 325 repeals certain reports that are no longer
necessary.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS
House provision
Section 326 gives urbanized areas with populations under
200,000 flexibility to use their apportionments for either
capital or operating expenses and caps the total annual
amount at $400 million both operating assistance and
preventive maintenance.
Senate amendment
Section 5019 directs the Secretary, in distributing
operating assistance to large urban areas, to consider the
impact of any operating assistance reduction on smaller
transit authorities operating within the area. This section
retains operating assistance for areas over 200,000 in
population.
Conference report
Conferees eliminate the cap on preventive maintenance and
operating assistance, and eliminates operating assistance for
areas over 200,000.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION
House provision
Section 327 amends the fixed guideway modernization
formula.
Senate amendment
Section 5019 amends the fixed guideway modernization
formula.
Conference report
Senate amendment modified on the floor. Conferees adopt
compromise formula allocation.
SEC. 3029. AUTHORIZATIONS
House provision
Section 328 provides authorizations for the transit
programs.
Senate amendment
Section 5002 provides authorizations for the transit
programs.
Conference report
Adopts House provision.
It is the intent of the Conferees that authorizations for
Budget Authority in 49 USC 5338(h), as amended by this
section shall be scored against current discretionary
spending limits and not the Mass transit category established
by Title VIII of this Act.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND
EXTENSIONS TO
EXISTING SYSTEMS
House provision
Section 332 authorizes New Starts projects.
Senate amendment
No provision in Senate amendment.
Conference report
Senate adopts House provision.
New Orleans Canal Street--The Federal Transit
Administration shall establish and credit as local share a
value of the ``neutral ground'' (median strip), which will be
utilized by the project as the right of way, an amount equal
to 50% of the appraised average value of the adjacent
property.
Dulles Corridor--The Dulles Corridor project is for the
preliminary engineering, design and construction of the
locally preferred alternative along the Dulles Corridor in
the Washington D.C. metropolitan area and may include
construction of a bus rapid transit system and preliminary
engineering and design of other fixed guideway systems to
serve the needs of the corridor.
Westlake Commuter Rail--The project authorized in this
section includes 8 rail cars.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES
House provision
Section 333 authorizes bus and bus-facilities projects.
Senate amendment
No provision in Senate amendment.
Conference report
Senate adopts House provision.
SEC. 3032. CONTRACTING OUT STUDY
House report
Section 335 directs the Secretary to enter into an
agreement with the Transportation Research Board of the
National Academy of Sciences to conduct a study of the effect
of
[[Page H3919]]
privatization or contracting out mass transportation
services.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision. Funding for the study is $200,000.
The additional $50,000 is available for administrative
expenses associated with the study.
SEC. 3033. URBANIZED AREA FORMULA STUDY
House provision
Section 337 directs the Secretary to conduct a study on
whether the current formula for apportioning funds to
urbanized areas reflects the transit needs of the urbanized
areas.
Senate amendment
Section 5020 directs the Secretary to conduct a study on
the current urbanized area formula to determine whether
changes in apportioning formula funds are needed for small
urban areas with populations under 200,000.
Conference report
Adopts both House and Senate provisions.
sec. 3034. coordinated transportation services
House provision
Section 338 directs the Comptroller General to conduct a
study of Federal departments and agencies other than the
Department of Transportation that receive federal financial
assistance for non-emergency transportation services.
Senate amendment
No provision in Senate amendment.
Conference agreement
Adopts House provision.
sec. 3035. final assembly of buses
House provision
Section 339 directs the Comptroller General to review the
Federal Transit Administration's monitoring of pre-award and
post-delivery audits for compliance with the requirements of
final assembly of buses under section 5323(j).
Senate amendment
No provision in Senate amendment.
Conference agreement
House recedes. Provision adopted that requires compliance
with final assembly requirements by a date certain.
sec. 3036. clean fuel vehicles
House provision
Section 340 directs the Comptroller General to study the
various low and zero emission fuel technologies for transit
vehicles.
Senate provision
No provision in Senate amendment.
Conference report
Adopt House provision.
sec. 3037. job access and reverse commute grants
House provision
Section 330 establishes an Access to Jobs pilot program to
fund the transportation of welfare recipients to and from
jobs and job-related activities.
Senate amendment
Section 5014 establishes an Access to Jobs and Reverse
Commute program to assist welfare recipients and other low-
income individuals get to and from jobs.
Sixty percent of funds appropriated under this program must
be awarded to projects in large urbanized areas, 20 percent
to projects in small urbanized areas, and 20 percent to
projects in non-urbanized areas, 20 percent to projects in
small urbanized areas, and 20 percent to projects in non-
urbanized areas. Grants require a 50 percent local match.
Other federal funds, notably those provided through programs
at the Department of Health and Human Services, may be used
to meet the matching requirements.
Under this section, private transportation providers are
eligible to submit proposals with states, local governments,
and nonprofit organizations for grants under this section. In
addition, under this section, a private transportation
provider shall also be considered an existing transportation
service provider when the requirements of the section are
met.
Conference report
Adopts Senate provision with modification. The conferees
anticipate that this grant program will encourage recipients
to implement long-term and self-sustaining plans to address
the transportation needs of welfare recipients and eligible
low-income individuals who live in areas devoid of job
opportunities.
sec. 3038. rural transportation accessibility incentive program
House provision
No provision in House bill.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts provision making available funds to finance the
incremental cost of complying with the Department of
Transportation's final rule regarding accessibility of over-
the-road buses.
sec. 3039. study of transit needs in national parks and related public
lands
House provision
No provision in House bill.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts provision directing the Secretary of Transportation,
in consultation with the Secretary of the Interior, to study
transit needs in national parks.
sec. 3040. obligation limitations
House provision
Section 329 sets obligation limitations for the transit
programs.
Senate amendment
No provision in Senate amendment.
sec. 3041. adjustments for the surface transportation extension act
House provision
Section 331 directs the Secretary to reduce 1998
apportionments and allocations to account for the six months
of funding already apportioned and allocated pursuant to the
Surface Transportation Extension Act.
Senate amendment
No provision in Senate amendment.
Conference report
Adopts House provision.
TITLE IV--MOTOR CARRIER SAFETY
sec. 4001. amendments to title 49, united states code
House bill
Section 401 provides that, except as otherwise specifically
provided, an amendment or repeal of a section or provision of
law in this title shall be a reference to a section or other
provision of title 49, United States Code.
Senate amendment
The Senate amendment includes an equivalent provision (Sec.
3002).
Conference substitute
The conference adopts the House provision.
Sec. 4002. Statement of Purposes
House bill
Section 402 (a) provides for national objectives for the
motor carrier safety grant program, including promoting
safety, developing and enforcing effective and cost-
beneficial safety regulations, assessing and measuring
performance, ensuring adequate training of drivers and
enforcement personnel, and advancing new technologies and
safe operational practices.
Senate amendment
Section 3401 proposes to establish a statement of
descriptive purposes of the Motor Carrier Safety Act. These
purposes are to: improve commercial motor vehicle and driver
safety; facilitate the ability to focus resources on
strategic safety investments; increase administrative
flexibility; strengthen enforcement activities; invest in
activities related to areas of the greatest crash reduction;
identify high risk carriers and drivers; and, improve
information and analysis systems.
Conference substitute
The conference adopts the ``statement of purposes''
approach as outlined in the Senate provision and incorporates
descriptive provisions from both bills.
Sec. 4003. State Grants
House bill
Subsection (a) of Sec. 402 amends section 31101 to revise
the definition of ``commercial motor vehicle'' to include
vehicles with a gross vehicle weight of at least 10,001
pounds (in addition to the gross vehicle weight rating).
Subsection (b) amends section 31102 to include reference to
the ``improvement'' of motor carrier safety and includes
references to hazardous materials transportation safety as a
part of the state grant programs.
Subsection (c) amends section 31102(b)(1) of make technical
changes in the state plans required as a condition of
receiving federal motor carrier safety grants. Requirements
that the state plan implement performance-based activities by
fiscal year 2003, that States establish programs to ensure
proper and timely correction of safety violations, and that
States ensure roadside inspections are done at a safe
distance from the roadway are added.
Subsection (d) amends section 31102 to include a reference
to improving commercial vehicle safety, in addition to
enforing regulations, as activities eligible for
reimbusement.
Subsection (e) amends section 31104(a) to provide annual
authorization for federal motor carrier safety grants. In
fiscal year 1998, $78 million is provided; in fiscal year
1999, $110 million is provided; and in each of fiscal years
2000 through 2003, $130 million is provided.
Subsection (f) amends section 31104(b) to delete an
outdated provision.
Subsection (g) amends section 31104(f) to provide that the
Secretary shall allocate amounts to States with approved
state plans and shall determine criteria for allocation. The
Secretary may designate up to 5 percent of funds made
available under the state grant program for reimbursement of
State and local government high priority activities which
improve commercial vehicle safety. Section 31104(g) is
deleted to provide greater flexibility to states in
activities to be funded with federal safety grants. Other
technical and conforming changes are made.
Subsection (h) makes a conforming amendment to the table of
sections for chapter 311.
Senate amendment
Sections 3402-3404 of the Senate bill contain similar
provisions. Section 3402 provides
[[Page H3920]]
that states implement by 2000 performance-based motor carrier
safety components in the motor carrier safety assistance
program (MCSAP) plans they submit to the Department of
Transportation (DOT). The section further requires DOT to
ensure that: State motor carrier safety programs are
consistent, effective, and contain reasonable sanctions; data
collection and information systems are coordinated with State
highway safety programs; and, the participation in SAFETYNET
by all jurisdictions receiving motor carrier safety
assistance grant funds.
Section 3403 allows motor carrier safety assistance grants
to be used to enforce rules aimed at improving hazardous
materials transportation safety.
Section 3404(a) amends section 31104(a) to provide annual
authorizations for federal motor carrier safety grants. The
funding levels authorized are: $80 million for fiscal year
1998; $100 million for fiscal year 1999; $97 million for
fiscal year 2000; $94 million for fiscal year 2001; and,
$90.5 million in fiscal years 2002 and 2003.
Section 3404(c) amends section 31104(f) to provide that the
Secretary shall allocate amounts to States with approved
state plans and shall determine the criteria for allocation.
The Secretary may designate up to 5 percent of funds made
available under the state grant program for reimbursement of
State and local government high priority activities which
improve commercial vehicle safety. Section 31104(g) is
deleted to provide greater flexibility to states in
activities to be funded with federal safety grants. Other
technical and conforming changes are made.
Conference substitute
The conference adopts the House approach, with
modifications. The conference includes the Senate provision
for states to implement performance-based MCSAP plans by
2000. The conference accepts the House bill's concept that
States ensure roadside inspections are performed at a safe
distance from the roadway, but substitutes the word
``location'' for clarification. The conference authorizes the
following funding levels for the program: $79 million for
fiscal year 1998; $90 million for fiscal year 1999; $95
million for fiscal year 2000; $100 million for fiscal year
2001; $105 million for fiscal year 2002; and, $110 million
for fiscal year 2003. The conference agreement modifies the
High Priority and Border discretionary programs by allowing
the Secretary to designate up to 5 percent of MCSAP funds for
States, local governments, and other persons for carrying out
activities and programs that improve commercial motor vehicle
safety and compliance with safety regulations. A similar
designation is permitted for States, local governments, and
other persons to carry out border commercial motor vehicle
safety programs and enforcement activities and projects.
Sec. 4004. Information Systems
House bill
Subsection (a) of Section 403 replaces the current section
31106 to provide greater authority and flexibility to the
Secretary in establishing and operating motor carrier,
commercial motor vehicle, and driver information systems and
data analysis programs to support safety activities. The
Secretary shall work in coordination with the States in
developing and maintaining systems which identify and collect
data; evaluate the safety fitness of carriers, vehicles, and
drivers; develop strategies to mitigate safety problems and
measure effectiveness; determine cost-effectiveness of
Federal and State safety programs; and adapt, improve and
incorporate other information and systems as determined
appropriate. The Secretary may prescribe technical and
operational standards. The Secretary is directed to include
as part of the information systems authorized, a
clearinghouse and repository of information related to State
registration and licensing of commercial motor vehicles and
the motor carriers operating the vehicles. The Secretary is
authorized to establish a program to improve commercial motor
vehicle driving safety to enhance the exchange of driver
licensing information, provide information to the judicial
system on drivers, and develop strategies and countermeasures
to improve driver safety. This section includes provisions
relating to cooperative agreements, grants and contracts and
sets forth the availability of information collected in the
systems to States, local officials, and the public.
The current section 31107, an outdated provision, is
deleted and replaced with authorizations for the information
systems under section 31106. In fiscal year 1998, $7 million
is provided; in fiscal year 1999, $15 million is provided;
and in each of fiscal years 2000 through 2003, $20 million is
provided. Other technical and conforming amendments to title
49 are made.
Senate amendment
Section 3405 substitutes the existing Commercial Motor
Vehicle information system with a new information system. The
section requires the new information network to be capable of
identifying motor carriers and drivers, tracking commercial
motor vehicle registration and commercial motor vehicle
driver licensing, and providing motor carrier and driver
safety performance data. The section requires the system to
have the capability to utilize the information in order to
develop strategies to address safety problems and to measure
the effectiveness of those strategies. The section further
requires the Secretary to prescribe technical and operation
standards to ensure the uniform, timely and accurate
information collection and reporting by the States.
This section also authorizes the Secretary to establish a
commercial motor vehicle safety program that enhances the
exchange of driver licensing information, provides
information to the judicial system on the program, and
evaluates appropriate driver performance and safety aspects.
The section permits the Secretary to enter into agreements
with other Federal agencies and other parties to carry out
the new information and commercial motor vehicle safety
program.
Conference substitute
The conference merges the House and Senate language
on the
information systems and data analysis program elements. The
conference requires the Secretary to prescribe technical and
operational standards to ensure uniform, timely, and accurate
information collection and reporting by the States and other
entities. The conference authorizes assistance to help States
develop or implement the information systems established
under the section. The conference authorizes the following
funding levels for the information systems and data analysis
program: $6 million for fiscal year 1998; $10 million for
each of fiscal years 1999 and 2000; $12 million for each of
fiscal years 2001 and 2002; and, $15 million for fiscal year
2003. The conference further authorizes the Secretary to
allocate up to 50 percent of the authorized funding to
establish the information clearinghouse directed under this
section, and encourages the Secretary to focus its resources
on assisting those states that have not previously received
such assistance to develop or implement information systems.
The conference is providing separate funding for
information systems and analysis because they are critical to
the successful adoption of performance-based regulations and
oversight. The Secretary should ensure that the data in these
systems is accurate and timely. In addition, the conference
expects the Secretary to develop systems that are linked,
providing complete information rapidly to inspectors and
safety officers.
Finally, while the conference recognizes the benefits such
information systems can provide, the conference also
recognizes the need for safeguards to protect individuals and
companies' privacy. Therefore, the Secretary should carefully
develop the information availability policy called for in the
new subsection (e).
sec. 4005. automobile transporter defined
House bill
Section 404 amends section 31111(a) to define ``automobile
transporter'' as any vehicle combination designed and used
specifically for the transport of assembled highway vehicles.
Senate amendment
The Senate amendment includes a similar provision. Section
3410 defines automobile transporter to mean any vehicle
combination designed and used specifically for the transport
of assembled highway vehicles, including truck camper units.
Conference substitute
The conference adopts the Senate provision. The conference
notes that the phrase ``truck camper units'' is defined in
the ANSI A119.2/NFPA 501C standard on recreational vehicles
as ``a portable unit constructed to provide temporary living
quarters for recreational, travel, or camping use, consisting
of a roof, floor, and sides, designed to be loaded onto and
unloaded from the bed of a pickup truck'' (1996 edition).
sec. 4006. Inspections and reports
House bill
Subsection (a) amends section 31133(a)(1) to allow the
Secretary to make contracts for inspections and
investigations.
Subsection (b) amends section 504 to allow a contractor,
designated by the Secretary, to make inspections of equipment
of a carrier and make inspections of records of carriers.
Senate amendment
Section 3411 of the Senate amendment provides for an
identical provision.
Conference substitute
The conference adopts the provision.
sec. 4007. waivers, exemptions, and pilot programs
House bill
Section 406 establishes a new process for granting
regulatory exemptions, coupled with a process for the
Secretary to carry out pilot programs. Subsection (a)
replaces the current waiver authority in section 31315 with a
new provision relating to authority and standards for
exemptions (to replace waiver authority provided in section
31136(e) and 31315) and pilot programs.
New subsection 31315(a) provides that the Secretary may
grant to a person or class of persons a temporary exemption
from regulations issued under chapter 313 or section 31136 if
the Secretary finds such exemption would likely achieve a
level of safety equal to or greater than the level that would
be achieved absent such exemption. Exemptions shall be for a
2-year period and may be renewed. An exemption may be revoked
if the terms and conditions are not met or if the exemption
is not consistent with safety goals. The Secretary shall
specify by regulation the procedures for requesting
exemptions, but certain minimum requirements are set forth.
Requests for exemptions shall be published in the Federal
Register and the
[[Page H3921]]
public shall be given an opportunity to comment. Any
exemptions granted shall be published in the Federal
Register, along with terms and conditions of the exemption
and effective period. Any exemptions denied shall be
published in the Federal Register, with the reasons for
denial. The Secretary shall act on each exemption request
within 180 days or shall publish in the Federal Register why
the decision will be delayed and an estimate of when the
decision will be made. Terms and conditions of an exemption
may be specified and appropriate state compliance and
enforcement personnel shall be notified of an exemption
provided.
New subsection 31315(b) provides authority to the Secretary
to conduct pilot programs to evaluate innovative approaches
to motor carrier, vehicle, and driver safety. Pilots may
include exemptions from regulations. Proposed pilot programs
shall be published in the Federal Register and the public
shall be given an opportunity to comment. Certain minimum
program elements for pilot programs are specified. The
Secretary may revoke participation in or terminate a pilot
program. A report shall be issued to Congress at the
conclusion of each pilot program.
New subsection 31315(c) provides that, during the time
period an exemption or pilot program is in effect, no State
shall enforce a law or regulation that conflicts with or is
inconsistent with an exemption or pilot program with respect
to a person exercising the exemption or participating in the
pilot program.
Subsections (b) and (c) make conforming amendments.
Senate amendment
Section 3421 authorizes the Secretary to initiate programs
to examine innovative approaches or alternatives to certain
commercial motor carrier safety regulations. This section
provides the Secretary broader discretion to grant waivers
and exemptions from motor carrier and driver safety
regulations which are necessary to develop performance based
regulations and evaluate the effectiveness of existing
regulations.
This section recognizes that revising the waiver provisions
in Section 31136 of Subchapter III, Safety Regulations and
Section 31315 of Chapter 313, Commercial Motor Vehicle
Operators is necessary because of the strict interpretation
given to section 31136(e) by the D.C. Circuit Court of
Appeals in____AHAS v. FHWA,____28 F.3d 1288 (1994), limiting
the ability of the Secretary to issue waivers and exemptions.
The Court found that the statutory language required the
Secretary to determine, before issuing any waiver, that no
diminution in safety would result, i.e., that it be
determined beforehand there would be absolutely no
increase in crashes as a result of the waivers. To deal
with the decision, this section substitutes the term
``equivalent'' to describe a reasonable expectation that
safety will not be compromised. In the absence of greater
discretion to deal with waivers and exemptions and a new
standard by which to judge them, the Congress would
continue to be the only source to provide regulatory
exemptions.
The National Highway System Designation Act of 1995 (NHS)
required the establishment of criteria and a program to grant
and monitor exemptions from a broad range of safety
regulations for commercial vehicles over 10,000 pounds but
less than 26,000 pounds. This approach is a model for the
exemption pilot program established by this section. The new
waiver and exemption provision requires the Secretary to
issue regulations that will outline a process for issuing
waivers, procedures for conducting pilot projects or
demonstration programs to evaluate the safety performance of
a regulation or part of a regulation, and conditions under
which exemptions from motor carrier safety regulations will
be considered.
This section distinguishes between the terms ``waiver'' and
``exemption,'' primarily by scope and duration. It provides
the Secretary the authority to: issue a waiver for a
relatively short term, for a specific purpose to a particular
person or group of persons, under conditions defined in the
waivers (e.g., circus vehicles under escort from railhead to
exhibition site for the duration of the appearance); issue an
exemption for up to two years, with a renewable two-year
feature, limited to a class of persons, vehicles or
circumstances (e.g., relief from certain requirements for
well-defined operations with low risk histories and
alternative management controls); and perform pilot projects
or demonstration projects, using either a waiver or exemption
or combination, to examine whether alternatives to regulatory
requirements, particularly record keeping, are as effective
in producing safety benefits.
This section permits the Secretary to grant a waiver
without advance public notice, but a record would have to be
maintained. An exemption may be granted after notice and
opportunity for comment and either a safety demonstration
project or safety analysis was performed. The Secretary could
initiate pilot projects or demonstration programs to examine
whether a new requirement should become a regulation, whether
performance under existing regulations is effective in
producing the desired safety result, and whether alternative
methods can produce the same safety benefit with less
regulatory burden. Before any pilot project or demonstration
program is undertaken, notice and opportunity for comment
must be given to the public. It is expected the Secretary
would issue regulations to provide that safety would be the
primary consideration in deciding whether any waiver or
exemption should be issued, or any pilot program initiated.
Conference substitute
The conference adopts a compromise provision, which
includes basic provisions of both the House and Senate
bills.
Subsection (a) authorizes the Secretary to grant regulatory
waivers if such action would be in the public interest and a
level of safety is expected to be achieved that is equivalent
to or greater than the level of safety obtained under
regulatory compliance. A waiver would not be permitted to be
granted beyond a 3 month period, must be limited in scope and
circumstances for special, non-emergency situations, and
could include conditions as deemed appropriate by the
Secretary. The conference expects the Secretary would issue
guidelines to provide for a reasonable process under which
waivers may be requested and considered.
Subsection (b) authorizes the Secretary to grant regulatory
exemptions and Subsection (c) authorizes the Secretary to
conduct pilot programs to evaluate innovative approaches and
alternatives to regulations.
The conference acknowledges that many motor carrier groups
have sought statutory exemptions during the development of
this legislation and such requests should be considered by
the Secretary after evaluating their merits under this
provision. The conferees believe the pilots authorized under
this section should include a reasonable number of
participants to enable the Secretary to assess the safety
impact of the pilots' results.
The conference expects the Secretary to use this authority
judiciously. Pilot programs should be carefully designed and
implemented to both protect the participants and the public,
while yielding useful information to support future
rulemaking proceedings and improve the efficiency of
oversight activities.
Sec. 4008. Safety Regulation
House bill
Subsection (a) of Section 407 amends section 31132(1)(A) to
include in the definition of commercial motor vehicle those
vehicles with a gross vehicle weight of at least 10,001
pounds (in addition to those vehicles which have such a
rating). Section 31132(1)(B) is amended to refer to vehicles
designed to carry 8 passengers, including the driver.
Subsection (b) deletes section 31134 relating to the
Commercial Motor Vehicle Safety Regulatory Review Panel which
has completed it responsibilities.
Subsection (c) deletes section 31140 relating to the
Commercial Motor Vehicle Safety Regulatory Review Panel and
its review of State laws and regulations.
Subsection (d) amends section 31141 to delete references to
the Commercial Motor Vehicle Safety Regulatory Review Panel
and makes conforming and technical changes to the review of
State laws and regulations by the Secretary.
Subsections (e) and (f) make technical amendments to
section 31142.
Senate amendment
The Senate amendment includes similar provisions. Section
3411(f) amends the definition of commercial motor vehicle in
Section 31132(1) of title 49, U.S.C., to include vehicles
with a gross vehicle weight of at least 10,001 pounds (in
addition to the gross vehicle weight rating).
Section 3411(a) repeals the current review panel process
that reviews state laws for compatibility with Federal
commercial motor vehicle safety regulations. Section 3411(b)
repeals the panel procedures and replaces them with a review
process to be administered by the Secretary.
Conference substitute
The conference follows the House approach.
Sec. 4009. Safety Fitness
House bill
Subsection (a) of Section 419 of the House bill amends
section 31144 to revise procedures and provisions relating to
safety fitness determinations of owners and operators. The
Secretary is directed to determine whether owners and
operators are fit to safely operate commercial motor
vehicles, periodically update determinations, make the
determinations available to the public, and prescribe by
regulation penalties for violations. The Secretary is to
maintain by regulation a process to determine fitness.
An owner or operator who the Secretary determines is not
fit may not operate commercial motor vehicles in interstate
commerce beginning on the 61st day after the date of such
fitness determination and until the Secretary determines the
owner or operator is fit.
In the case of those transporting passengers or hazardous
materials, an owner or operator who the Secretary determines
is not fit may not operate in interstate commerce beginning
on the 46th day after the date of such fitness determination
and until the Secretary determines the owner or operator is
fit.
With the exception of those transporting passengers or
hazardous materials, the Secretary may allow an owner or
operator to continue to operate beyond the 61st day if the
owner or operator is making a good faith effort to become
fit.
The Secretary must review the determination that an owner
or operator is unfit not
[[Page H3922]]
later than 45 days after the unfit owner or operator requests
a review, and within 30 days in the case of owners or
operators transporting passengers or hazardous materials.
A department, agency, or instrumentality of the U.S.
Government may not use to provide any transportation service
an owner or operator determined unfit by the Secretary, until
the Secretary determines such owner or operator is fit.
Subsection (b) makes a conforming amendment to section 5113
of title 49.
Senate amendment
Section 3411(d) directs the Secretary to maintain in
regulation a procedure for determining the safety fitness of
owners and operators of commercial motor vehicles. The
section requires the procedures to include the requirements
that owners and operators of commercial motor vehicles must
meet to demonstrate safety fitness; a means used to decide
whether the owners, operators, or other persons meet safety
fitness requirements; and deadlines for action by the
Secretary in making fitness determinations. Subsection (d)
prohibits a motor carrier that fails to meet the safety
fitness requirements established by the Secretary from
operating in interstate commerce. The subsection permits the
Secretary to extend the time limit granted for a motor
carrier to come into compliance after a determination that
the motor carrier fails to meet safety fitness requirements.
Conference substitute
The conference follows the House approach. The conference
requires the Secretary to periodically update safety fitness
determinations of owners and operators and to make such final
safety fitness determinations readily available to the
public. The publication of final safety fitness
determinations does not preclude the ability of the Secretary
to review the safety fitness of owners and operators.
However, the conference would not expect preliminary data
analysis or preliminary safety fitness information to be
publicly available.
section 4010. repeal of certain obsolete miscellaneous authorities
House bill
Section 409 repeals subchapter IV (sections 31161 and
31162) which are unnecessary and burdensome provisions.
Senate amendment
The Senate bill includes an equivalent provision (Sec.
3411(c)(2)).
Conference substitute
The conference adopts the provision.
section 4011. commercial vehicle operators
House bill
Subsection (a) of Section 410 amends the definition of
commercial motor vehicle in section 31301 to include vehicles
with a gross vehicle weight of at least 26,001 pounds (in
addition to gross vehicle weight rating).
Subsection (b) amends section 31302 to clarify that an
individual may operate commercial motor vehicle only if the
individual has a valid commercial driver's license (CDL) and
that an operator may have only one driver's license at any
time.
Subsection (c) amends section 31308(2) to require that CDLs
must include unique identifiers to minimize fraud and
duplication.
Subsection (d) amends section 31309 to clarify that the
commercial drivers license information system is maintained
by the Secretary and shall be maintained in coordination with
activities carried out under section 31106. Certain other
clarifying and technical amendments are made.
Subsection (e) repeals obsolete state grant programs
regarding testing and licensing of commercial vehicle
drivers.
Senate amendment
The provisions are similar. Section 3212(f)(1) amends the
definition of commercial motor vehicle in each place it
appears in section 31301 to include vehicles with a gross
vehicle weight of at least 26,001 pounds (in addition to
gross vehicle weight rating).
Section 3212(f)(2) inserts the word ``is'' at two places
section 31301 subparagraph (C).
Section 3416(b) amends the definition with respect to motor
carriers of passengers and section 3416(c) provides that
regulations would apply to such carriers 12 months after the
date of enactment, unless the Secretary determines it would
be appropriate to exempt them.
Conference substitute
The conference adopts the House approach.
sec. 4012. utility service commercial motor vehicle drivers
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3424 provides a process for an emergency exemption
to allow utility drivers to serve customers during times of
emergencies declared by elected State or local officials and
provides for monitoring of any safety impacts associated with
such exemptions.
Conference substitute
The conference adopts the Senate provision.
sec. 4013. participation in international registration plan and
international fuel tax agreement
House bill
Section 413 of the House bill repeals obsolete sections of
chapter 317 (sections 31702, 31703, and 31708) relating to a
working group and grants to encourage participation in the
International Fuel Tax Agreement and International
Registration Plan.
Senate amendment
Section 3414 of the Senate bill is identical to the House
provision.
Conference substitute
The conference adopts the provision.
sec. 4014. safety Performance history of drivers; limitation on
liability
House bill
No comparable provision.
Senate amendment
Section 3412(g) of the Senate bill amends Chapter 5 of
Title 49, United States Code. The provision bars an action
for defamation, invasion of privacy, or interference with a
contract that is based on the furnishing or use of safety
performance records of an individual under consideration for
employment as a commercial motor vehicle driver against a
person who has complied with such a request or his agents or
insurers. The bar does not apply to a motor carrier
requesting the records unless the motor carrier, the person
complying with the request and their agents have taken all
precautions reasonably necessary to ensure the accuracy of
the records and to protect the records from disclosure to any
person, except for their insurers, not directly involved in
forwarding the records or deciding whether to hire that
individual, and complied fully with all the regulations
issued by the Secretary of Transportation in using and
furnishing the records.
The bar also does not apply to a person complying with a
request unless the motor carrier requesting the records, the
complying person, and their agents have taken all reasonably
necessary precautions to ensure the accuracy of the records
and to protect the records from disclosure to any person,
except for their insurers, not directly involved in
forwarding the records or deciding whether to hire that
individual.
State and local law is preempted to the extent that it
prohibits, penalizes, or imposes liability for furnishing or
using safety performance records in accordance with
regulations issued by the Secretary.
Conference substitute
The conference adopts the Senate provision with
modification. The conference agreement adds a requirement
that as a part of the rulemaking the Secretary is conducting
under section 114 of the Hazardous Materials Transportation
Authorization Act of 1994 (108 Stat. 1677-1678) to amend
Section 391.23 of title 49, Code of Federal Regulations, that
the Secretary provide protection for driver privacy and
establish procedures for review, correction, and rebuttal of
the safety performance records of a driver. The conference
further directs the Secretary to complete the rulemaking by
January 31, 1999. The liability waiver will become effective
on the same date.
sec. 4015. penalties
House bill
No comparable provision.
Senate amendment
Section 3412 of the Senate bill amends section 521 of Title
49, United States Code. This section excepts from the
penalties provision of section 521(b)(1) ``reporting and
record keeping violations''. This section also strikes ``fix
a reasonable time for abatement of the violation'' from
subparagraph (A).
Section 521(b)(2) is amended by deleting ``reckless
disregard'' and ``gross negligence'' from the liability
standard for the penalty section.
A new subsection (B) is added entitled ``Recordkeeping and
Reporting Violations'' which specifies penalties for such
violations.
Conference substitute
The conference adopts the Senate provision.
sec. 4016. authority over charter bus transportation
House bill
No comparable provision.
Senate amendment
Section 3417 of the Senate bill amends Section 14501(a) of
Title 49, United States Code. The provision strikes the
authority of the states to regulate intrastate and interstate
charter bus transportation.
Conference substitute
The conference adopts the Senate provision with
modification. A clarifying provision is included to ensure
that states may continue to regulate safety with respect to
motor vehicles and to impose highway route controls or
limitations based on the size or weight of the motor vehicle
or with regard to minimum amounts of financial responsibility
relating to insurance requirements. The conference also notes
that the provision does not limit a State's ability to
regulate taxicab service or limousine livery service.
sec. 4017. telephone hotline for reporting safety violations
House bill
Subsection (a) of Section 414 directs the Secretary to
establish, for a period of at least 2 years, a nationwide,
toll-free telephone system to be used by drivers of
commercial motor vehicles and others to report potential
violations of Federal motor carrier safety regulations and
other laws and regulations relating to safety.
Subsection (b) provides that information received shall be
used in setting priorities for safety audits and other
enforcement activities.
[[Page H3923]]
Subsection (c) provides that a person reporting a potential
violation shall be provided the protections of section 31105.
Subsection (d) provides that up to $300,000 from
administrative expenses may be used per fiscal year to carry
out this section.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with minor
modifications and authorizes the Secretary to spend no more
than $250,000 of funding available for general operating
expenses in any fiscal year to carry out this directive.
sec. 4018. insulin treated diabetes mellitus study
House bill
Subsection (a) of Section 415 directs the Secretary of
Transportation to determine within 18 months whether a safe,
practicable and cost-effective screening, operating, and
monitoring protocol could likely be developed for insulin
treated diabetes mellitus individuals who want to operate
commercial motor vehicles in interstate commerce that would
ensure a level of safety equal or greater than that achieved
with the current prohibition on such drivers.
Subsection (b) directs the Secretary to compile and
evaluate research and other information, to consult with
States who have developed and are implementing a screening
process, to evaluate the Department's policy and actions to
permit individuals with insulin treated diabetes mellitus to
operate in other modes of transportation, and to consult with
certain groups.
Subsection (c) directs that, if it is determined that a
protocol can be developed, the Secretary shall report to
Congress the basis for such determination.
Subsection (d) directs that, if it is determined that a
protocol can be developed, the Secretary shall report to
Congress on the elements to be included in such a protocol
and promptly initiate a rulemaking implementing the protocol.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with the addition
of a requirement that the Secretary of Transportation also
assess any legal consequences of permitting insulin treated
diabetes mellitus individuals to drive commercial motor
vehicles in interstate commerce. The standard in subsection
(a) is intended to ensure that insulin treated diabetes
mellitus individuals be held to a level of safety comparable
to that required of other qualified commercial drivers and
not to a higher standard.
sec. 4019. performance-based cdl testing
House bill
Subsection (a) of Section 416 directs the Secretary of
Transportation to review the procedures established and
implemented by States for testing operators of commercial
motor vehicles to determine if the system accurately reflects
an individual's knowledge and skills as a commercial motor
vehicle operator and to identify methods to improve testing
and licensing standards, including the benefits and costs of
a graduated licensing system.
Subsection (b) provides that, not later than one year
following such review, the Secretary shall issue regulations
under section 31305 of title 49, relating to CDLs which
reflect the results of the review.
Senate amendment
Section 3412 amends Section 31305(a) by giving the
Secretary of Transportation the authority to establish
performance-based testing and licensing standards that more
accurately measure and reflect an individual's knowledge and
skills as an operator.
Conference substitute
The conference adopts the House provision.
sec. 4020. post-accident alcohol testing
House bill
Section 417 requires the Secretary to conduct a study of
the feasibility of utilizing emergency responders and law
enforcement officers for conducting post-accident alcohol
testing of commercial motor vehicle operators under section
31306 of title 49, United States Code.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with
modification. The modifications require the study to address
the feasibility of utilizing law enforcement officers for
conducting post-accident alcohol testing, as well as the
ability of motor carrier employers to meet the current
post-accident alcohol testing requirements imposed under
section 31306. The reference in the House provision to
``emergency responders'' is deleted from the study
requirements.
Sec. 4021. Driver Fatigue
House bill
Subsection (a) of Section 418 directs the Secretary, as
part of ongoing activities relating to fatigue of commercial
motor vehicle operators, to encourage the development of
technologies that may aid in reducing fatigue. Subsection
(a)(2) sets forth factors to be considered, including the
degree to which the technology will be cost efficient, can be
used in various climates, and will reduce emissions, conserve
energy, and further other transportation goals. Subsection
(a)(3) provides that funds made available under subparagraphs
(F) through (I) of section 127(a)(3) of the bill may be used
to carry out this section.
Subsection (b) directs the Secretary to review potential
safety benefits of the use of non-sedating antihistamines by
operators of commercial vehicles and to consider encouraging
the use of such antihistamines.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision with minor
modifications.
Sec. 4022. Improved Flow of Driver History Pilot Program
House bill
No comparable provision.
Senate amendment
Section 3406 requires the Secretary of Transportation to
carry out a pilot program in cooperation with 1 or more
States to improve upon the timely exchange of pertinent
driver performance and safety records data to motor carriers.
The program shall: (1) determine to what extent driver
performance records data, including relevant fines, penalties
and failure to appear for a hearing or trial, should be
included as part of any information systems; (2) assess the
feasibility, costs, safety impact, pricing impact, and
benefits of record exchanges; and (3) assess methods for the
efficient exchange of driver safety data available from
existing State information systems and sources.
Conference substitute
The conference adopts the Senate provision with the proviso
that at the end of the pilot program the Secretary shall
begin, if appropriate, a rulemaking to revise the information
system under section 31309 of Title 49, United States Code.
Sec. 4023. Employee Protections
House bill
No comparable provision.
Senate amendment
Section 3411(g) requires the Secretary of Transportation,
in conjunction with the Secretary of Labor to study the
effectiveness of existing statutory employee protections
provided for under section 31105 of title 49, United States
Code.
Conference substitute
The conference adopts the Senate provision.
Sec. 4024. Improved Interstate School Bus Safety
House bill
Subsection (a) of Section 408 amends section 31136 to
provide that federal safety regulations apply to interstate
school bus operations by local educational agencies.
Subsection (b) directs the Secretary to submit a report
within two years describing the status of compliance and
activities of the Secretary or States to enforce the
requirements.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts an alternative provision to instruct
the Secretary to begin a rulemaking to determine whether or
not relevant commercial motor carrier safety regulations
issued under section 31136 should apply to all interstate
school transportation operations.
Sec. 4025. Truck Trailer Conspicuity
House bill
Section 421 requires the Secretary of Transportation to
issue, not more than one year after enactment of this Act, a
final rule regarding the Conspicuity of trailers manufactured
before December 1, 1993. In so doing, the Secretary is
required to consider, at a minimum, the following: (1) the
cost-effectiveness of any requirement to retrofit trailers
manufactured before December 1, 1993; (2) the extent to which
motor carriers have voluntarily taken steps to increase
equipment visibility; regulatory flexibility to accommodate
differing trailer designs and configurations, such as tank
trucks.
Senate amendment
No comparable provision.
Conference substitute
The conference adopts the House provision. The conference
however stresses that this provision does not require the
Secretary to order a retrofit of any trailers manufactured
before December 1, 1993.
Sec. 4026. DOT Implementation Plan
House bill
Section 422 requires the Secretary of Transportation to
develop and submit to Congress a plan for implementing
authority (if subsequently provided by law) to: (1)
investigate and bring civil actions to enforce Chapter 5 of
Title 49, United States Code when violated by shippers,
freight forwarders, brokers, consignees, or persons (other
than rail carriers, motor carriers, motor carriers of migrant
workers, or motor private carriers); (2) assess civil or
criminal penalties against a person who knowingly aids,
abets, counsels, commands, induces, or procures a violation
of a regulation or order under chapter 311 or section 31502.
The development of the plan requires the Secretary to
consider: in what circumstances the Secretary would exercise
the new authority; how the Secretary would determine that
[[Page H3924]]
shippers, freight forwarders, brokers, consignees, or other
persons committed violations; what procedures would be
necessary during investigation to ensure the confidentiality
of shipper contract terms; the impact of the new authority on
the Secretary's resources.
Senate amendment
No comparable provision.
Conference substitute
The conference report directs the Secretary to assess the
scope of the problem of shippers, freight forwarders,
brokers, consignees, or other persons encouraging violations
of chapter 5 of title 49 and after the assessment the
Secretary may submit to Congress a plan for implementing
authority (if subsequently provided by law) to investigate
and bring civil actions to enforce chapter 5 of title 49,
United States Code. The report to Congress will contain the
elements required of it in the House bill as well as a
request of what, if any, educational activities the Secretary
would conduct for persons who would be subject to the new
authority.
Sec. 4027. Study of Adequacy of Parking Facilities
House bill
Section 123 requires the Secretary of Transportation to
conduct a study to determine the location and quantity of
parking facilities at commercial truck stops and travel
plazas and public rest areas that could be used by motor
carriers to comply with Federal hours of service rules. The
study must be reported to Congress within 36 months. The
study shall include an inventory of current facilities
serving the National Highway System, analyze where shortages
exist or are projected to exist, and propose a plan to reduce
the shortage. The study is funded under Section 104(a) of
Title 23, United States Code, for $500,000 per fiscal year
for fiscal years 1998, 1999 and 2000.
Senate amendment
Section 3415 is similar to the House bill with the
exception of the funding provision.
Conference substitute
The conference adopts the House provision. The Secretary
would be permitted to allocate no more than $500,000 for each
of the fiscal years 1999, 2000, 2001.
sec. 4028. qualifications of foreign motor carriers
House bill
No comparable provision.
Senate amendment
Section 3419 of the Senate bill requires the Secretary of
Transportation, within 90 days after enactment of the Act, to
review the qualifications of foreign carriers whose
applications for authority to operate in the United States
have not been processed due to the moratorium on the granting
of authority to foreign carriers to operate in the United
States.
Conference substitute
The conference adopts the Senate provision with the proviso
that the review does not constitute a finding by the
Secretary under section 13902 of title 49, United States
Code, that a motor carrier is willing and able to comply with
requirements of such section.
sec. 4029. Federal Motor Carrier safety inspectors
House bill
No comparable provision.
Senate amendment
Section 3418 of the Senate bill requires the Secretary of
Transportation to maintain the level of Federal motor carrier
safety inspectors for international border commercial vehicle
inspections as in effect on September 30, 1997, or provide
for alternative resources and mechanisms to ensure an
equivalent level of commercial motor vehicle safety
inspections.
Conference substitute
The conference adopts the Senate provision with minor
modifications.
sec. 4030. school transportation safety
House bill
Section 336 of the House bill requires the Secretary of
Transportation to begin not later than 3 months after the
date of the enactment of the Act a study of the safety issues
attendant to transportation of school and school-related
activities by various transportation modes.
Senate amendment
Section 3425 of the Senate bill requires the Secretary to
agree with the Transportation Research Board on a study of
the issues attendant to the transportation of school children
to and from school and school-related activities by various
transportation modes. The TRB shall consider available crash
injury data, and vehicle design and driver training in
conducting the study and the panel conducting the study shall
include representatives of highway safety organizations,
school transportation, mass transportation and bicycling
organizations.
Conference substitute
The conference adopts the Senate provision with the proviso
that a report to the Congress on the results of the study is
to be transmitted not later than 12 months after the
Secretary enters into an agreement with the Transportation
Research Board.
sec. 4031. designation of new mexico commercial zone
House bill
No comparable provision.
Senate amendment
Section 3703 of the Senate bill establishes a commercial
zone in New Mexico comprised of Dona Ana and Luna Counties.
Conference substitute
The conference adopts the Senate provision with the proviso
that the Secretary of Transportation shall consult with other
Federal agencies that have responsibilities over traffic
between the United States and Mexico. The State of New Mexico
is required to submit within three months of the date of
enactment a plan to the Secretary describing how the state
will monitor commercial motor vehicle traffic and enforce
safety regulations. The conference is particularly concerned
that motor carriers within the zone comply with hours-of-
service and drug and alcohol testing requirements and that
unauthorized carriers do not operate beyond the commercial
zone limits.
sec. 4032. effects of mcsap grant reductions on states
House bill
No comparable provision.
Senate amendment
Section 3423 of the Senate bill allows States which did not
receive its full Motor Carrier Safety Assistance Program
during fiscal years 1996 and 1997 to enter into cooperative
agreements with the Secretary of Transportation to evaluate
the safety impact, costs, and benefits of allowing such
states to continue to participate fully in the Motor Carrier
Safety Assistance Program, then the Secretary shall allocate
to those States full amount of funds for fiscal years 1998,
1999, 2000, 2001, 2002 and 2003.
Conference substitute
The conference report requires the Secretary to study the
effects of reductions in MCSAP grants due to nonconformity of
State intrastate laws and regulations with Federal interstate
requirements. The study is to consider (1) national
uniformity and the purposes of the MCSAP program; (2) State
motor carrier, commercial motor vehicle, and driver safety
oversight and enforcement capabilities; and (3) the safety
impact, costs and benefits of a State's full participation in
the program. A report to Congress is to be submitted not
later than 2 years after the date of enactment of this Act.
Interim Border Safety Improvement Program
House bill
Section 411 establishes an interim border safety
improvement program to improve commercial motor vehicle
safety in the vicinity of the borders between the U.S. and
Canada and the U.S. and Mexico. The Secretary may expend
funds and provide grants to States, local governments,
organizations and others for the employment and training of
personnel to enforce safety regulations at the border, for
the development of data bases and communications systems, and
for education and outreach initiatives. The Federal share
shall be 80 percent for the first two years that a State
receives a grant, 50 percent for the third and fourth years,
and 25 percent for the fifth and sixth years. Subsection (g)
provides annual authorizations for the program.
Of the funds made available for the coordinated border
infrastructure and safety program under section 116 of the
bill, $20 million in fiscal year 1998 and $15 million in each
of fiscal years 1999 through 2003 shall be available for this
program.
Senate amendment
No comparable provision.
Conference substitute
The conference does not include a provision. The conference
addresses border safety matters under Section 4003 and
authorizes the Secretary to dedicate up to five percent of
funding made available to carry out the Motor Carrier Safety
Assistance Program for States, local governments, and other
persons to carry out border commercial motor vehicle safety
programs and enforcement activities and projects.
Hazardous Materials Transportation Regulation and Farm Service Vehicles
House bill
Sec. 420. Subsection (a) amends section 5117(d)(2) of title
49 regarding the transportation of hazardous materials to add
a new subparagraph (C) which provides that States are not
prohibited from providing an exception from requirements
relating to placarding, shipping papers, and emergency
telephone numbers for the private motor carriage in
intrastate transportation of an agricultural production
material. A State must certify that the exception is in
the public interest, the need for the exception, and that
the State shall monitor the exception and take such
measures necessary to ensure that safety is not
compromised.
Subsection (b) defines the term ``agricultural production
material.''
Senate amendment
Section 3208 of the Senate bill as part of the
reauthorization of the Hazardous Materials Transportation Act
authorizes the Secretary to carry out pilot programs to
examine innovative approaches or alternatives to regulations
for private intrastate motor carriage of agricultural
production materials. The Secretary is prohibited from
carrying out a pilot program if it would pose an undue risk
to public health and safety. Furthermore, the Secretary shall
require that the pilot project contain safety measures
designed to achieve a level of safety equivalent
[[Page H3925]]
to or greater than the level that would otherwise be
achieved. The Secretary is directed to terminate
participation immediately of any carrier that fails to comply
with the terms and conditions of the pilot or to terminate
the entire pilot if the Secretary determines it has resulted
in a lower level of safety.
Conference substitute
The conference does not include a provision.
Motor Carrier and Driver Safety Research
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3407 of the Senate bill provides not less than $10
million per year for programs designed to advance motor
vehicle and driver safety. The provision requires grants of
more than $250,000 to be awarded based on a competitive
selection. The Secretary shall submit annual reports to
Congress on the activities conducted under this section.
Conference substitute
The conference does not include a provision. The Secretary
is authorized to conduct motor carrier research in the
programs established or amended in Title V of this Act.
Commercial Motor Vehicle Safety Advisory Committee
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3420 of the Senate bill authorizes the Secretary to
establish an advisory committee to provide advice and
recommendations on regulatory issues.
Conference substitute
The conference does not include a provision.
Commercial Motor Vehicle Safety Studies
House bill
The House bill contains no comparable provision.
Senate amendment
Section 3422 of the Senate bill directs the Secretary to
conduct a study of the impact on safety and infrastructure of
tandem axle commercial motor vehicle operations in States
that permit the operation of such vehicles in excess of
Interstate weight limits. Further, the Secretary should enter
into cooperative agreements with such States to collect
weigh-in-motion data necessary for the study. The Secretary
shall report to Congress within 2 years on the results of the
studies and may not withhold highway construction funds from
States for violations of grandfathered tandem axle weight
limits.
Conference substitute
The conference does not include a provision.
Hazardous Materials Transportation Act Reauthorization
House bill
The House bill contains no comparable provision.
Senate amendment
Subtitle B reauthorizes the Hazardous Materials
Transportation Act, as requested by the Administration. The
Subtitle makes several changes in the hazardous materials
transportation program as administrated by the DOT Research
and Special Programs Administration.
Conference substitute
The conference does not include a provision.
TITLE V--TRANSPORTATION RESEARCH
subtitle c--intelligence Transportation Systems
Senate amendment
Section 2101 designates the name of Subtitle B of chapter 5
as the ``Intelligent Transportation Systems Act of 1997''
(ITS Act).
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with a
notification revising the date in the title. The substitute
language designates the name of Subtitle B as the
``Intelligent Transportation Systems Act of 1998.''
Findings
Senate amendment
Sec. 2102 lists Congress' findings with respect to the ITS
program.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute consolidates the findings in
the Senate bill into two findings retaining the reference to
investments in intelligence transportation systems made under
the Intermodal Surface Transportation Efficiency Act of 1991
(105 State. 1914 et seq.) and the principle that continued
investment is needed in this areas to realize fully the
benefits of intelligence transportation systems technology.
Goals and Purposes
Senate amendment
Section 521, 23 U.S.C., as proposed, sets forth the
purposes of the ITS Act of 1997, which are--(1) to provide
for accelerated deployment of proven technologies and
concepts and increased Federal commitment to improving
surface transportation safety, and (2) to expedite deployment
and integration of basic ITS services for consumers of
passenger and freight transportation across the nation.
House bill
Subsection 652(b) establishes the goals of the ITS program
including enhanced efficiency of the transportation system;
enhanced safety; enhancement of the environment; a program
that includes all users; improved accessibility; the
development of a technology base; improved ability to respond
to national emergencies; and the promotion of data sharing.
Conference substitute
The Conference adopts a goals and purposes provision
incorporating key concepts from both the House goals
provision and Senate purposes provision. The substitute
language identifies as goals of the ITS program the following
objectives most of which were included in both bills:
enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade;
improvement of national transportation safety; protection and
enhancement of the natural environment; accommodation of the
needs of all surface transportation systems users; improved
responsiveness to emergencies and natural disasters. The
substitute language also identifies ITS program purposes
representing objectives with a more short-term focus than the
goals. The list of purposes, as follows: is drawn primarily
from the purposes section in the Senate bill: to expedite
deployment and integration of ITS; to ensure local
transportation officials have adequate knowledge of ITS
technologies for transportation planning and ITS operations
and maintenance purposes; to improve regional cooperation;
and to promote the use of private resources.
General Authorities and Requirements
Scope
Senate amendment
The Senate bill contains no comparable provision
House bill
Subsection 652(a) directs the Secretary to conduct a
research, development, and deployment program for ITS.
Conference substitute
The Conference adopts the House provision.
Policy
Senate amendment
Subsection 530(b), 23 U.S.C., as proposed, prohibits the
Secretary from funding any ITS operational test or deployment
that competes with a similar privately funded project.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute moves this provision from the
Funding Limitations section in the Senate bill to the General
Authorities and Requirements section in the substitute. The
Senate provision is also revised to state that as a general
policy federally-funded projects shall not displace public-
private partnerships or private sector investment.
Cooperation with Governmental, Private, and Educational Entities
Senate amendment
Paragraph 523(b)(2), 23 U.S.C., as proposed, directs the
Secretary in carrying out the intelligent transportation
system program to maximize the involvement of the private
section, college and universities, Federal laboratories, and
State and local governments.
House bill
Paragraph 653(a)(1) directs the Secretary to carry out the
intelligent transportation system program in cooperation with
State and local governments, the private sector, colleges and
universities, including historically black colleges an
universities and other majority institutions of higher
education.
Conference substitute
The Conference adopts the House provision with a
modification. The Federal laboratories are added to the list
of entities the Secretary is directed to consult with
carrying out this program.
Consultation with Federal Officials
Senate amendment
Paragraph 523(b)(1), 23 U.S.C., as proposed, requires the
Secretary to consult with heads of other interested Federal
departments and agencies.
House bill
Paragraph 653(2) directs the Secretary to consult with the
Secretary of Commerce, the Secretary of the Treasury, the
Administrator of the Environmental Protection Agency, the
Director of the National Science Foundation, and the heads of
other Federal departments and agencies.
Conference substitute
The Conference adopts the House provision.
[[Page H3926]]
Technical Assistance, Training, and Information
Senate amendment
Subsection 524(a), U.S.C., as proposed, directs the
Secretary to carry out a comprehensive program of intelligent
transportation system research, development, operational
testing, technical assistance and training, and other related
activities.
House bill
Subsection 655(a) allows the Secretary to provide technical
assistance, training, and information to State and local
governments for intelligent transportation system projects.
Conference substitute
The Conference adopts the House provision.
Transportation Planning
Senate amendment
The Senate bill contains no comparable provision.
House bill
Subsection 655(b) allows the Secretary to use funds to
better integrate intelligent transportation systems into
State and metropolitan planning.
Conference substitute
Information Clearinghouse
Senate amendment
Subsection 524(d), 23 U.S.C., as proposed, requires the
Secretary to maintain a repository for technical and safety
data collected through federally funded intelligent
transportation system projects. The Secretary may delegate
this responsibility to an entity outside of the Department of
Transportation.
House bill
Subsection 653(d) requires the Secretary to establish and
maintain a repository for technical and safety data collected
through federally funded intelligent transportation system
projects. The Secretary may delegate this responsibility to
an entity outside of the Department of Transportation.
Conference substitute
The Conference finds provisions in both the House and
Senate bills to be substantively equivalent.
Advisory Committees
Senate amendment
Section 532, 23 U.S.C., as proposed, requires the Secretary
to use one or more advisory committees, and specifies that
any advisory committee so used shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
House bill
Subsection 653(e) allows the Secretary to use advisory
committees when carrying out the intelligent transportation
systems program. This subsection also specifies that the
Federal Advisory Committee Act applies and that any advisory
committees on intelligent transportation systems shall be
funded through specific provisions in Appropriations Acts and
from funds allocated for research, development, and
implementation of the intelligent transportation systems
program.
Conference substitute
The Conference adopts the House provision with a
modification: the direction regarding funding for advisory
committees is dropped.
Procurement Methods
Senate amendment
Subsection 523(c), 23 U.S.C., as proposed, directs the
Secretary to develop technical assistance and guidance to
assist State and local agencies in selecting appropriate
methods of procurement for intelligent transportation system
projects, including innovative and nontraditional methods.
House bill
Subsection 653(h) directs the Secretary to develop
technical assistance and guidance to assist State and local
agencies in selecting appropriate methods of procurement for
intelligent transportation system projects, including
innovative and nontraditional methods. This subsection also
directs contracting officials to use a standard risk
assessment methodology to reduce the cost, schedule, and
performance risks associated the development and use of
intelligent transportation systems software.
Conference substitute
The Conference adopts the House provision with a
modification: Information Technology Omnibus Procurement is
listed as a type of innovative or nontraditional procurement
method addressed by this subsection.
Evaluations
Senate amendment
Subsection 524(c), 23 U.S.C., as proposed, directs the
Secretary to establish guidelines and requirements for the
evaluation of intelligent transportation systems operational
tests and deployment projects. These guidelines and
requirements are to ensure objectivity and independent of the
evaluator. This subsection also limits the percentage of test
or project funds which may be spent on evaluations and
specifies different percentages for projects and tests of
different sizes. This subsection also specifies that the
Paperwork Reduction Act, chapter 35 of title 44, U.S.C.,
shall not apply to any survey, questionnaire, or interview
conducted in connection with the evaluation of any test or
project carried out under this program.
House bill
Subsection 653(d) directs the Secretary to issue guidelines
and requirements for the evaluation of intelligent
transportation systems operational tests. These guidelines
and requirements are to ensure objectivity and independence
of the evaluator. Operational tests need to be designed for
the collection of data and the preparation of reports to
permit objective evaluation of the success of the tests and
the derivation of cost-benefit information and life-cycle
costs that will be useful to others contemplating the
purchase of similar systems.
Conference substitute
The Conference adopts the Senate provision with
modifications. The Secretary is directed to issue, rather
than establish, the guidelines and requirements and the
funding limitation provisions are replaced with a requirement
that the guidelines and requirements issued under this
subsection also establish appropriate evaluation funding
levels. The exemption from the Paperwork Reduction Act is
retained.
National ITS Program Plan
Senate amendment
Paragraph 524(b)(5), 23 U.S.C., as proposed, requires the
Secretary to submit a 6-year plan to Congress within 1 year
of enactment and annually thereafter. This plan is to specify
program goals, objectives, and milestones and progress made
in meeting them.
House bill
Section 654 requires the Secretary to maintain and update a
National ITS Program Plan developed by the Department and the
Intelligent Transportation Society of America. This section
specifies the scope and required components of the plan
including program goals, objectives, and milestones and how
specific programs and projects relate to those goals over 5,
10, and 20-year time frames. The plan is also to provide for
the development of standards to promote interoperability and
establish a process for incorporating intelligent
transportation systems technologies into more broad-based
surface transportation systems. Reporting to Congress under
this section may be consolidated with the integrated Surface
Transportation Research and Development Strategic Plan.
Conference substitute
The Conference adopts the House provision with several
modifications. The goals, objectives and milestones cadre to
be established for both research and deployment of
intelligent transportation systems and consideration of a 20-
year time frame for these goals is not required. The plan is
to identify activities relevant to the development of
standards, including actions that will lead to the
establishment of critical standards. The substitute requires
that principal findings made in carrying out the plan be
transmitted and updated as part of the Integrated Surface
Transportation Research and Development Strategic Plan.
National Architecture and Standards
Senate amendment
Section 529, 23 U.S.C., as proposed, requires the Secretary
to develop, implement, and maintain a national architecture
to guide nationwide deployment of intelligent transportation
systems and to set standards and protocols to promote the
widespread use of these technologies and to ensure
interoperability. The Secretary is authorized to use
standards-setting organizations in carrying out section. The
section requires the Secretary to identify critical standards
needed to ensure interoperability on a nationwide basis. If
one of these critical standards is not adopted by January 1,
2001, the Secretary is required to establish a provisional
standard, but a provisional standard would only remain in
effect until the appropriate standards-setting organization
adopted and published a standard concerning the same subject
matter. In addition, the Secretary may waive this requirement
as long as a report on the reasons for the waiver and impacts
of a delay in setting a particular standard is submitted to
Congress. For each standard subject to a waiver, the
Secretary is required to submit a progress report to Congress
every six months. This section also prohibits the use of
funds made available from the Highway Trust Fund on
intelligent transportation system technology if the
technology does not comply with each relevant provisional and
completed standard, but exception is made for intelligent
transportation systems deployments already in place. Finally,
this section directs the Secretary of Commerce and the
Federal Communications Commission to allocate spectrum for
the near-term establishment of a dedicated short-range
vehicle-to-wayside wireless standard and any other spectrum
critically needed for the intelligent transportation systems
program.
House bill
Subsection 653(b) requires the Secretary to develop,
implement, and maintain of a national architecture to guide
nationwide deployment of intelligent transportation systems
and to set standards and protocols to promote the widespread
use of these technologies and to ensure interoperability. The
Secretary is authorized to use standards-setting
organizations in carrying out this subsection. This
subsection directs the Secretary of Transportation, in
consultation with the Secretary of Commerce, the Secretary of
Defense, and the Federal Communications Commission, to take
all necessary steps to secure spectrum for the near-term
establishment of a dedicated short-range vehicle to wayside
wireless standard.
[[Page H3927]]
Conference substitute
The Conference adopts the Senate provision with
modifications. In establishing the national architecture
along with the standards and protocols, the Secretary is to
comply with section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note; 11 Stat.
783). This provision requires all Federal agencies and
departments to use technical standards that are developed
or adopted by voluntary consensus standards bodies, unless
to do so would be inconsistent with applicable law or
otherwise impractical. It is clarified that the report
identifying critical standards and their stage of
development is to be submitted to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Science of the House of Representatives. The
Secretary is authorized to establish provisional standards
if such action is necessary to ensure progress in
achieving the purposes identified in this section for
establishing a national architecture and standards and the
Secretary is required to adopt a provisional standard if a
standard identified as critical is not set by January 1,
2001. But, the Secretary may waive this requirement upon
finding that additional time would be productively used or
establishment of a provisional standard would be counter-
productive. Provisional standards are to be published and
will remain in effect until applicable standards to
replace them are set by the appropriate standards
development organization. Waivers of the provisional
standard requirement and withdrawals of such waivers are
also to be published. The requirement that intelligent
transportation systems projects funded from the Highway
Trust Fund must conform to the national architecture and
applicable standards is retained. The exceptions for
operations and maintenance of intelligent transportation
systems projects already in existence is retained as is
the exception, at the discretion of the Secretary, for the
upgrade or expansion of such projects. Another exception
for projects designed to achieve specific research
objectives, at the discretion of the Secretary, is added.
The Federal Communications Commission is directed to
consider, in consultation with the Secretary of
Transportation, the spectrum needs of intelligent
transportation systems and is required to complete a
rulemaking considering the allocation of spectrum for
intelligent transportation systems by January 1, 2000.
Research and Development
Senate amendment
Section 524, 23 U.S.C., as proposed, requires the Secretary
to undertake comprehensive research, development, testing,
and technical assistance to carry out the purposes of the
intelligent transportation systems programs. This research
and development is to advance development of an integrated
intelligent vehicle program and an integrated intelligent
infrastructure program to advance roadway safety and
efficiency systems, mobility and the quality of the
environment. This section requires activities to be
consistent with the national architecture and priorities
include crash avoidance and the integration of air bag
technology with other on-board safety systems. The federal
share for these projects is 80 percent, but the Secretary
apply a federal share of 100 percent to high-risk projects.
Subsection (f) includes limitations on the amounts of funding
that may be used for research activities that improve crash
avoidance and the integration of airbags and other on-board
safety systems, advance development of an automated highway
system, and activities that improve traffic management.
House bill
Subsection 655(c) authorizes the Secretary to fund research
and operational tests regarding intelligent transportation
systems technology. Subsection 655(d) allows the Secretary to
use funds to conduct research and demonstrations of
integrated vehicle and roadway safety systems, including
infrastructure-based, in-vehicle, and integrated collision
avoidance systems. The section includes research on advanced
traffic management technologies, including the use of fiber
optic cables and video, to monitor and control traffic flow
and volume; research on magnetics and advanced materials;
fundamental research on the science of the driving process
and other human factors to complement the applied research
efforts of the industry in this area; and research on the
impact of cold weather climates on ITS in areas such as
traction enhancement while on ice and snow, braking, and
visibility enhancement both of intersections and sign.
Conference substitute
The Conference adopts a blend incorporating aspects of both
the House and Senate provisions. This section requires
the
Secretary to carry out a comprehensive program of intelligent
transportation systems research, development, and operation
tests and demonstrations of intelligent vehicles and
infrastructure systems. The list of priorities includes
traffic management, incident management, crash-avoidance and
integration of in-vehicle crash protection technologies,
human factors research, integration of intelligent vehicles
and infrastructure, and research on the impact of the
environment on intelligent transportation systems.
Operational tests are to be designed for the collection of
data allowing for objective evaluation of the test results.
The Federal share of operational tests and demonstrations is
not to exceed 80 percent.
Intelligent Transportation System Integration Program
Senate amendment
Section 525, 23 U.S.C., as proposed, directs the Secretary
to conduct a comprehensive program to accelerate the
integration and interoperability of intelligent
transportation systems in metropolitan areas by funding
deployment projects that illustrate the benefits of
intelligent transportation systems technologies. This section
includes a list of priorities the Secretary is to consider in
selecting projects. The Secretary is required to encourage
private sector involvement through public-private
partnerships and other innovative financial arrangements. In
addition, funding recipients are required to submit multi-
year financing and operations plans describing how the
project can be cost-effectively operated and maintained.
Section 526, 23 U.S.C., directs the Secretary to conduct a
comprehensive program to accelerate the integration and
inteoperability of intelligent transportation systems in
rural areas by funding deployment projects that illustrate
the benefits of intelligent transportation systems
technologies. This section includes a list of priorities the
Secretary is to consider in selecting projects. The Secretary
is required to encourage private sector involvement through
public-private partnerships and other innovative financial
arrangements. In addition, funding recipients are required to
submit multi-year financing and operations plans describing
how the project can be cost-effectively operated and
maintained.
House bill
Section 656 establishes the intelligent transportation
system deployment program and describes its purposes, with
the primary purpose being to integrate existing intelligent
transportation systems components to ensure they work as
systems. This section also sets goals for the deployment
program including acceleration of standard-setting processes,
and lists the specific requirements a project must meet to be
eligible for funding. This section also requires that at
least 25 percent of funds made available to carry out this
section be used for commercial vehicle intelligent
transportation systems projects and that not less than 10
percent be used for projects outside of metropolitan areas.
In addition, this section sets limits on how much funding can
be spent on certain types of projects.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute consolidates sections 525 and
526, 23 U.S.C., as proposed, from the Senate bill and directs
the Secretary to conduct a comprehensive program to
accelerate the integration and interoperability of
intelligent transportation systems in metropolitan and rural
areas by funding deployment projects that illustrate the
benefits of intelligent transportation systems technologies.
The substitute also includes a list of priorities, based on
both the House and Senate bills, that the Secretary is to
consider in selecting projects, including any contribution to
national program plan goals, demonstration of a cooperation
among different agencies, jurisdictions, and the private
sector, encouragement of private sector involvement,
inclusion in approved state or metropolitan plans, and
assurance of continued, long-term operations and maintenance
without continued reliance on Federal funding. The substitute
requires that funds for projects in metropolitan areas be
used primarily for integration purposes, whereas in rural
areas, funds may be used for installation of intelligent
transportation systems infrastructure. In addition, the
substitute includes the House provision requiring that not
less than 10 percent be used for projects in rural areas. The
Federal share of projects payable from funds made available
under this section is set at 50 percent, but the total
Federal share payable from all eligible sources (including
this section) may not exceed 80 percent.
Commercial Vehicle Intelligent Transportation System Infrastructure
Deployment
Senate amendment
Section 527, 23 U.S.C., as proposed, establishes a program
to deploy intelligent transportation systems that improve the
safety and productivity of commercial motor vehicles and
drivers and that reduce administrative costs associated with
commercial vehicle operations. This section focuses on
improving the safety of commercial vehicles operations by
funding activities that, for example, assist in the
identification of unsafe carriers, vehicles, and drivers and
that advance on-board driver and vehicle-safety monitoring
systems. Other priorities include improving the electronic
processing of registration, licensing, inspection, tax and
crash data, the exchange of this information among the
States, and the effectiveness and efficiency of enforcement
efforts.
House bill
Section 656 establishes the intelligent transportation
system deployment program and describes its purposes, with
the primary purpose being to integrate existing intelligent
transportation systems components to ensure they work as
systems. This section also sets goals for the deployment
program including acceleration of standard-setting processes,
and lists the specific requirements a project must meet to be
eligible for funding. This section also requires that at
least 25 percent of funds made available to carry
[[Page H3928]]
out this section be used for commercial vehicle intelligent
transportation systems projects and that not less than 10
percent be used for projects outside of metropolitan areas.
In addition, this section sets limits on how much funding can
be spent on certain types of projects.
Conference substitute
The Conference adopts the Senate provision with
modifications. The substitute establishes a deployment
program to promote intelligent transportation systems that
improve the safety and productivity of commercial vehicles
and drivers and that reduce administrative costs. The
program's purpose is to advance the technological capability
and deployment of intelligent transportation systems
applications to commercial vehicle operations, including
commercial vehicle information systems and networks (CVISN).
This section also includes a list of priorities the Secretary
is to consider in selecting projects, including the extent to
which a project encourages multistate cooperation, improves
safety, increases regulatory efficiency, advances electronic
processing of data, and promotes the exchange of information
among States. In addition, the substitute directs that
Federal funds should be used for activities that are not
being carried out with private funds. The Federal share of
projects payable from funds made available under this section
is set at 50 percent, but the total Federal share payable
from all eligible sources (including this section) may not
exceed 80 percent.
Authorizations and Limitations
Outreach and Public Relations
Senate amendment
Subsection 530(d), 23 U.S.C., as proposed, limits the
amount of funding available for outreach, public relations,
training, mainstreaming, shareholder relations, or related
activities.
House bill
The House bill contains no comparable provision.
Conference substitute
The conference report adopts the Senate provision with
modifications. The limitation on funds is reduced to
$5,000,000 per year, and this limitation applies specifically
only to outreach, public relations, displays, scholarships,
tours, and brochures and the substitute provision specifies
that this limitation does not apply to intelligent
transportation systems training, the publication or
distribution of research finding, technical guidance, or
similar documents.
Infrastructure Development
Senate amendment
Subsection 530(c), 23 U.S.C., as proposed, prohibits the
use of intelligent transportation system funds for the
construction of highway or transit infrastructure unless the
construction is incidental and critically necessary to the
implementation of an intelligent transportation system
project.
House bill
The House bill contains no comparable provision.
Conference substitute
The Conference adopts the Senate provision.
Life Cycle Cost Analysis and Financing and Operations Plan
Senate amendment
Subsections 525(d) and 526(d), 23 U.S.C., as proposed,
recipients funding for projects under the intelligent
transportation systems integration program and the
integration program for rural areas are required to submit
multi-year financing and operations plans describing how each
project can be cost-effectively operated and maintained.
House bill
Subsection 653(g) requires life-cycle cost analyses of
intelligent transportation systems projects costing over $3
million.
Conference substitute
The Conference adopts a provision combining the House and
Senate provisions. The substitute requires applicants for
funds under the intelligent transportation systems
integration program and the commercial vehicle intelligent
transportation system infrastructure deployment programs to
submit life-cycle cost analyses of intelligent transportation
systems projects costing over $3 million and, for every
project, multiyear financing and operations plans describing
how the project will be cost-effectively operated and
maintained.
Definitions
Senate amendment
Section 522, 23 U.S.C., as proposed, defines the following
terms for purposes of this subchapter: commercial vehicle
information systems and networks, commercial vehicle
operations, completed standard, corridor, intelligent
transportation system, national architecture, provisional
standard, and standard.
House bill
Section 651 defines the following terms for purposes of
this subtitle: intelligent transportation systems (ITS),
intelligent transportation infrastructure, Secretary, and
State.
Conference substitute
The Conference adopts both the Senate and House
provisions
with following modifications. Definitions for the terms
``completed standard'' and ``provisional standards'' in
the Senate bill are not adopted and the definition for the
term ``Secretary'' in the House bill is not adopted. The
definition for the term ``intelligent transportation
system'' is substantively equivalent in both bills and is
adopted.
Repeal
Senate amendment
Section 2104 repeals the intelligent transportation systems
programs that were established under the Intermodal Surface
Transportation Efficiency Act (ISTEA) as they are superseded
by the new programs in this [subtitle/subchapter]
House bill
Subsection 658 repeals the intelligent transportation
systems programs that were established under the Intermodal
Surface Transportation Efficiency Act (ISTEA) as they are
superseded by the new programs in this [subtitle/subchapter].
Conference substitute
The Conference finds the provisions in both the House and
Senate to be substantively equivalent.
Project Funding
House bill
Sec. 632(b)(5) requires the Secretary to carry out a
transportation technology innovation and demonstration
program concerning the use of hazardous materials monitoring
systems. The Secretary is required to conduct research on
applying methods of deploying and integrating ITS or
hazardous materials monitoring systems across various modes
of transportation. The provision makes available for each of
the fiscal years 1998 through 2003 $1.5 million per fiscal
year.
Senate amendment
No comparable provision.
Conference substitute
The Conference adopts the House provision.
In conducting the research provided for in Section 5212(a),
the Secretary should award funds to develop and deploy a
fully integrated and unique Hazardous Materials Incident
Management System designed to facilitate emergency response
to hazardous materials incidents and safer, more efficient
movement of hazardous materials across various modes of
transportation.
Specifically, the funds authorized in this section are
intended for further development and use of the Cargo Mate
cargo identification and monitoring system, which provides
for interoperability with existing fleet communications and
management systems, real-time vehicle container, pallet cargo
identification, location and monitoring. The integrated and
consolidated Hazardous Materials Incident Management System
should then be incorporated into current and future Traffic
Management Centers to support safe movement of hazardous
materials throughout the intermodal process.
In developing this system, consideration should be given to
additional technologies, including advanced information
processing technologies, which support emergency response,
law enforcement, and regulatory resources.
House bill
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
No provisions comparable.
Sec. 4101 to 4104 of the Senate Amendment
The Conferees note that in March 1998, the National
Research Council's Committee on Research Priorities for
Airborne Particulate Matter issued the first in a series of
reports on research priorities relevant to settling
particulate matter standards. This report addresses a number
of issues, including whether the monitoring network necessary
to implement the new National Ambient Air Quality Standard
fine particulate (PM2.5) is designed to
(1) support relevant health effects, exposure, and
atmospheric-modeling research efforts;
(2) use the appropriate number of continuous (hourly)
monitors to determine the time of day and exposure of people
who are commuting, working, or exercising outdoors; and
(3) use sufficient chemical characterization of particulate
matter to enable testing of more specific indicators than
PM2.5 mass alone.
The Conferees urge the Administrator to consider the
recommendations contained in the Committee's March 1998
report. The Conferees further urge the Administrator to
ensure, as appropriate, that the plans for the national
monitoring network necessary to implement the National
Ambient Air Quality Standard for PM2.5 is peer-reviewed by
the Clean Air Scientific Advisory Committee at an early date
while the opportunity still exists for such review to
influence the monitoring network design and operations.
The Conferees are aware that certain nonattainment areas in
Western Pennsylvania have experienced difficulty in meeting
the one-hour, 0.12 part per million standard for ozone
because of pollution which did not originate in the
nonattainment area. The Conferees urge EPA to continue its
efforts to avoid ``bumping up'' nonattainment areas in
Pennsylvania to a higher nonattainment status or ozone.
The Conferees recognize that the Regional Haze regulation
has not been finalized and the Administrator of the
Environmental Protection Agency (EPA) is still considering
the views of various stakeholders. The Conferees agree with
EPA's public statements that the schedule for the State
Implementation Plan due pursuant to section 169B(e)(2)
[[Page H3929]]
of the Clean Airport Act should be harmonized with the
Schedule for State Implementation Plan submissions required
for PM2.5. ambient air quality standard promulgated in July,
1997.
Conference substitute
Adopts the Senate provison.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Automatic Crash Protection Unbelted Testing Standard
House bill
The House bill contains no similar provision.
Senate amendment
Section 1407 of the Senate amendment ensures that the
current testing standard for air bags is designed to ensure
the optimal protection and safety for all occupants,
including infants, children, and other occupants.
Conference report
The conference report does not include the provision.
Improving Air Bag Safety
House bill
The House bill contains no similar provision.
Senate amendment
Section 1407 of the Senate bill directs the Secretary of
Transportation to undertake rulemaking to improve the
protection afforded vehicle occupants by Motor Vehicle Safety
Standard No. 208. The purpose of the rulemaking would be to
improve the efficiency and protection accorded by occupant
protection devices while attempting to minimize any potential
risk associated with air bags to infants, children, and other
occupants. During the development of a rule to improve the
safety of air bags, the barrier test using unbelted 50th
percentile adult male dummies would be suspended. The
Secretary would be required to begin the rulemaking by June
1, 1998, and to issue a final rule by June 1, 1999, with a
one-year extension permitted upon the Secretary's advising
Congress of the need for an extension. The rule would require
such tests as the Secretary determines to be reasonable,
practicable, and appropriate, including tests using dummies
of different sizes.
The requirements of the new standard would become effective
in phases, beginning between September 1, 2001 and September
1, 2002, and concluding not later than September 1, 2005,
with discretion given the Secretary for a one-year extension.
Any extension would require a joint resolution of Congress.
The Secretary would be required to report to Congress within
six months of enactment on the development of technology to
improve the protection given by air bags and to reduce the
risks from air bags, including information on the performance
characteristics of advanced air bags, their estimated cost,
their estimated benefits, and the time within which they
could be installed in production vehicles.
Conference report
The conferees agree to include a new subtitle addressing
automobile safety and information issues. In addition to
addressing the Senate bill's provisions regarding air bags,
the subtitle also includes many of the provisions contained
in H.R. 2691, the National Highway Traffic Safety
Administration Reauthorization Act of 1998, which passed the
House on April 21, 1998, by voice vote.
Section 7101 establishes the short title for the subtitle,
the ``National Highway Traffic Safety Administration
Reauthorization Act of 1998.''
Section 7102 authorizes funds for those NHTSA's automobile
safety and information programs. For Fiscal Years 1999
through 2001, the legislation authorizes $81.2 million each
year for motor vehicle safety activities, and $6.2 million
for motor vehicle information activities. These amounts are
equivalent to the Administration's budget request.
Section 7103 contains provisions intended to improve air
bag safety. Subsection (a) directs the Secretary to issue a
notice of proposed rulemaking by September 1, 1998 to improve
occupant protection for occupants of different sizes, belted
and unbelted, under Federal Motor Vehicle Safety Standard
(FMVSS) No. 208 while minimizing the risk to infants,
children, and other occupants from any risks associated with
air bags, by means that include advanced air bags. The
Secretary is required to issue a final rule no later than
September 1, 1999, unless the Secretary determines that the
final rule cannot be completed by that date, in which case
the Secretary must promulgate the final rule no later than
March 1, 2000. The final rule must be consistent with both
the requirements of this section and 49 U.S.C. Sec. 30111,
which specifies the requirements for motor vehicle safety
standards. The Conferees note that air bags do not substitute
for lap and shoulder belts and all occupants should always
wear lap and shoulder belts regardless of whether there is an
inflatable restraint in the vehicle.
The Secretary is directed to make the final rule effective
in phases as rapidly as practicable beginning not earlier
than September 1, 2002 or at least 30 months after the date
on which the Secretary promulgates the final rule, but in any
case, not later than September 1, 2003. The rule is to be
fully effective for all passenger motor vehicles,
multipurpose passenger vehicles, and other vehicles
identified in 49 U.S.C. Sec. 30127(b) manufactured on or
after September 1, 2005. If the Secretary issues the final
rule on September 1, 2003, the date for full compliance may
be extended to September 1, 2006. The availability of the
current sled test certification option available under FMVSS
208 (S13) remains in effect unless and until phased out
according to the schedule in the final rule. The Secretary is
also directed to include in the notice of proposed rulemaking
means by which manufacturers may earn credits for early
compliance with the final standard issued by the Secretary.
Subsection (b) provides that any government advisory
committee, task force, or other entity include
representatives of consumer and safety organizations,
insurers, manufacturers, and suppliers.
Section 7104 prohibits the use of funds appropriated to
NHTSA for the purpose of urging a State or local legislator
to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislature.
Subsection (b) clarifies that officers or employees of the
United States are not prohibited from testifying before any
state or local legislature in response to the invitation of a
member of such body or a State executive office. The
provision is not intended to prohibit the Agency from
informing State or local legislators about the prudence of a
particular policy choice, but rather is intended to limit the
Agency's ability to lobby a particular piece of legislation
before a State or local legislature. Thus, under this
provision, NHTSA could continue to testify before any State
or local legislative body and inform State and local
officials about the merits of a particular course of action.
A NHTSA official could even appear before a committee of a
State legislature to testify that NHTSA believes that
enactment of primary enforcement seat belt laws results in
fewer highway fatalities. NHTSA could, in fact, testify that
it favors general efforts to enact primary enforcement seat
belt laws and opposes general efforts to repeal such laws.
However, a NHTSA official could not, through the use of
government resources, ask an individual State or local
legislator, or any group of State or local legislators, to
vote act on a particular pending measure.
Subsection 7105(a) is intended to eliminate the need for
two odometer disclosures in certain transactions involving
rental car companies, dealers, and automobile manufacturers
by exempting the transfer of new motor vehicles from a
manufacturer jointly to a dealer and a rental car company.
Subsection (b) responds to several recent Federal District
Court decisions holding the NHTSA does not have authority to
exempt vehicles from the odometer disclosure requirements,
even when the purchasers of such vehicles rely on service
records rather than odometers to indicate wear and tear, such
as in the care of heavy trucks. This subsection specifically
grants NHTSA such authority.
Section 7106 makes several miscellaneous changes to title
49, United States Code, with respect to NHTSA's authorizing
statutes. These changes in subsections (a) through (c)
were requested by the Administration. Subsection (a)
closes a loophole which allows auto parts stores and
retailers to continue to sell defective equipment even
though motor vehicle dealers would be prohibited from
selling the same item. This provision includes retailers
of motor vehicle equipment in the prohibition on selling
defective items of equipment.
Subsection (b) amends 49 U.S.C. 30123 (``Tires''), to
repeal subsections (a) (``Labeling Requirement''), (b)
(``Contents of Label''), and (c) (``Additional
Information''). Under section 30123(a), the Secretary must
require manufacturers of pneumatic tires to ``permanently and
conspicuously'' label their tires with specified information
under section 30123(b) about the construction of the tires
and the identity of the manufacturer. Section 30123(c) gives
the Secretary discretionary authority to require that
additional safety information be disclosed to a purchaser
when a tire is sold.
Subsection (c) amends 49 U.S.C. 30127(g) to increase the
reporting interval on the effectiveness of occupant restraint
systems from every six months to annually. The Administration
expressed concern that the six-month interval was too short a
time frame in which to provide meaningful data to Congress.
Subsection (d) amends the American Automobile Labeling Act
(49 U.S.C. Sec. 30204) to make certain changes in the
labeling requirement and the domestic content calculations.
Subparagraph (1)(A) provides that the labor value of engine
and transmission production is also included in the engine
and transmission origin determination and subparagraph (1)(B)
codifies certain regulations which permit labor costs of
parts manufactured at the same location as final vehicle
assembly to be included in the vehicle's overall content
calculation, provided it does not occur during vehicle
assembly. Subparagraph (1)(C) institutes a tiered system for
accounting for the domestic content of parts manufactured by
outside suppliers. Under this subparagraph, supplies would
report content to the nearest five percent. For instance, 38
percent would be reported to the manufacturer as 40 percent,
rather than zero as under current law.
Paragraph (2) permits vehicle manufacturers to voluntarily
add a line to the label stating the country in which vehicle
final assembly took place. Paragraph (3) permits
manufacturers, on a voluntary basis, to separately display
the domestic content of a particular vehicle, based on its
assembly plant.
[[Page H3930]]
This information must be reported in addition to the carline
average percentage. Paragraph (4) codifies existing
regulations permitting manufacturers to estimate, based upon
best available information, the content of no more than 10
percent of the vehicle's parts, when suppliers fail to report
such information. Paragraph (5) permits manufacturers to
default the value of certain small parts, such as nuts,
bolts, clips, screws, and pins, to the country of
manufacture.
Subsection (e) directs NHTSA to conduct a study of the
benefits to motor vehicle drivers of a regulation to require
the installation of a device in the trunk compartment to
release the trunk lid.
Section 7107 reinstates NHTSA's authority to exempt certain
motor vehicles imported for the purpose of show or display
from certain applicable motor vehicle safety standards. Such
authority was unintentionally deleted when title 49, United
States Code was recodified in 1988.
Subtitle B
Sec. 7201. High Speed Rail
House bill
Subsection (a) of Section 901 authorizes $10 million in
each of fiscal years 1998 through 2001 for high speed rail
corridor planning activities and $25 million in each of
fiscal years 1998 through 2001 for high speed rail research
and development under the Swift Rail Development Act of 1994.
Subsection (b) defines high speed rail to include maglev
systems.
Senate amendment
No comparable provision
Conference substitute
Adopts the House provision. The conferees also reaffirm the
intention of the Swift Rail Development Act, that planning
for improvements to rail infrastructure that would provide
incremental speed increases toward achieving speeds of 125
mph or more are fully eligible for federal assistance under
the conditions specified in the Act. Efforts to plan for
near-term improvements that would achieve substantial speed
increases, although not necessarily to a true high speed
level of 125 mph, fall in this category.
Sec. 7202. Light Density Rail Line Pilot Projects
House bill
Section 902 authorizes $25 million for each of fiscal years
1998 through 2003 for grants to states to fund pilot projects
for making capital improvements to publicly and privately
owned rail line structures on light-density rail lines. The
purpose of the pilot projects is to demonstrate the
relationship of light density railroad service to the
statutory responsibilities of the Secretary of
Transportation, including those under Title 23.
Senate amendment
Sec. 3701 is identical to the House provision, except
funding is authorized at $10 million for each of fiscal years
1998 through 2003, instead of $25 million.
Conference substitute
Retains the authorization structure of both the House and
Senate provisions, but provides for funding at a level of
$17.5 million per fiscal year.
Sec. 7203. Railroad Rehabilitation and Improvement Financing
House bill
Section 906(a) modifies the existing railroad
infrastructure loan program contained in Title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.) to bring the program in line with the
Credit Reform Act of 1990. Projects eligible for loan
assistance under the program would include acquisition,
improvement or rehabilitation of intermodal or rail equipment
and facilities, refinancing of debt incurred for the
aforementioned purposes, and development or establishment of
new intermodal or railroad facilities. Operating expenses
would not be eligible for loan assistance. Subsection (a)
also limits the aggregate unpaid principal amounts of
obligations under direct loans and loan guarantees to $5
billion at any one time. One billion dollars of this five
billion is to be reserved solely for projects primarily
benefiting freight railroads other than Class I carriers. In
addition, subsection (a) allows the Secretary of
Transportation to accept credit risk premiums from non-
Federal sources to support loans and loan guarantees made
under this section.
Subsection (b) makes technical and conforming changes and
includes a savings provision requiring that transactions
entered into under Title V of the Regulatory Reform Act of
1976 before the date of enactment of BESTEA shall be
administered until completion under its terms prior to the
amendments made by BESTEA.
Senate amendment
No comparable provision.
Conference substitute
Adopts the structure of the House provision, but with
revisions to the statement of priorities in section 7202(c),
technical changes to conform to the 1997 amendments to the
Credit Reform Act, and with the total authorization for face
amounts of loans in subsection (d) limited to no more than
$3.5 billion.
Sec. 7204. Alaska Railroad
House bill
Section 904(a) provides that the Secretary may make grants
to the Alaska Railroad for capital rehabilitation and
improvement to its passenger service.
Subsection (b) authorizes $5,250,000 to be appropriated for
such purposes for each of fiscal years 1998 through 2003.
Senate amendment
No comparable provision.
Conference substitute
Adopts the House provision.
Miami-Orlando-Tampa Corridor Project
House bill
Section 903 authorizes a general fund grant of $200 million
to be made available to the Florida Department of
Transportation to reimburse the Florida Overland Express
(FOX) project in the Miami-Orlando-Tampa corridor for capital
costs of that project.
The state of Florida is planning a high-speed rail system
in the Miami-Orlando-Tampa corridor that calls for a 320-mile
system that would operate on dedicated tracks with no rail/
highway crossings. Operating speeds would be over 185 miles
per hour.
Senate amendment
No comparable provision.
Conference substitute
No provision.
Railway Highway Crossing Hazard Elimination in High Speed Rail
House bill
Section 905 authorizes $5,250,000 for each of fiscal years
1998 through 2003 to carry out section 104(d)(2) of title 23.
Senate amendment
Sec. 1402 authorizes $15,000,000 for each of fiscal years
1998 through 2003 for hazard elimination in high-speed rail
corridors.
Conference substitute
No provision. Funding for grade crossing assistance is
addressed in the non-rail titles of the legislation.
House bill
No provision.
Senate amendment
Section 3506 amends section 20901(a) of Title 49 to require
railroads to file periodic reports with the Secretary on all
accidents and incidents resulting in injury or death of an
individual, or damage to equipment. Eliminates current
requirement that reports be notarized and allows the
Administrator to require reports less frequently than
monthly.
Conference substitute
No provision. The conferees contemplate addressing these
issues in the pending reauthorization of the rail safety
programs of the Federal Railroad Administration.
House bill
No provision.
Senate amendment
Included at the Administration's request, sections 3501
through 3504 impose penalties for willful sabotage of or
interference with railroad equipment, infrastructure or
personnel. Also imposes penalties on anyone who knowingly
possesses or causes to be present any firearm or other
dangerous weapon on board a passenger train.
Conference substitute
No provision.
Subtitle C--Comprehensive One-call Notification
House bill
No provision.
Senate amendment
Section 3301 contains several findings that unintentional
damage to underground facilities during excavation is a
significant cause of disruptions; that excavation performed
without prior notification or with inaccurate marking causes
damage that can result in fatalities; and, that protection of
the public and the environment from the consequences of
underground facility damage will be enhanced by a coordinated
national effort to improve one-call notification programs.
Section 3302 establishes a new chapter, which would be
chapter 61, in Subtitle III of title 49, United States Code.
The purposes of chapter 61, as set forth in 6101, are to
enhance public safety; protect the environment; minimize
risks to excavators; and prevent disruption of vital public
services by improving one-call notification programs.
The new section 6102 defines a one-call notification system
as a system operated by an organization that has as one of
its purposes the receipt of notification from excavators of
their intent to excavate in a specified area and the
notification of underground facility operators so that they
can locate and mark their lines in the area scheduled for
excavation. The definition includes statutes, regulations,
orders, and other elements of law and policy in effect that
establish one-call notification system operation requirements
within a State.
The new section 6103 also outlines minimum components that
one-call notification programs should cover, including the
appropriate participation by all underground facility
operators, all excavators, and flexible and effective
enforcement mechanisms governing participation in, and use
of, one-call notification systems. In making a determination
on the appropriate extent of participation required by
underground facilities or excavators, the section requires a
State to assess, and take into consideration, the risks to
public safety, excavators, the environment, and vital
services posed by underground facility damage and the actions
of excavators.
The new section 6103 would further provide that a state
could allow voluntary participation in one-call notification
systems when it
[[Page H3931]]
determines that certain types of underground facilities or
excavation activities pose a de minimis risk to public safety
or the environment. The section requires one-call
notification programs to include administrative or civil
penalties commensurate with the seriousness of a violation,
increased penalties for parties that repeatedly damage
underground facilities because they neglect to use one-call
notification systems or fail to provide timely and accurate
marking of underground facilities. The section allows states
to reduce or waive penalties when underground facility damage
is promptly reported.
The new section 6104 establishes a two-year program whereby
states could apply for grants upon a showing that the state's
one-call notification program meets the minimum standards
outlined in the bill. The section further provides that a
state providing for greater protection than the minimum
standards criteria established in the legislation would also
be eligible to receive grants. The new section 6104 would
also require the Secretary to include, three years after the
enactment of this legislation, additional information on one-
call notification programs in the biennial report on gas and
hazardous liquids.
The new section 6105 requires the Secretary of
Transportation to initiate a study of the best practices
employed by one-call notification systems in operation in the
States. If a study is undertaken, the Secretary is required
to report on the best practices identified and encourage
their adoption in the States. The Secretary is authorized to
suspend with the report if the Secretary determines that the
information is already readily accessible.
The new section 6106 would authorize the Secretary to make
grants to improve one-call notification systems, and should
take into account the commitment of each state in improving
its program, in awarding grants. The provision also
authorizes a state to convey its funds directly to any one-
call notification system that adopts the best practices
established under 6105. The new section neither opens nor
closes the door to having one or more one-call system. Most
states have a single one-call system, but several have more
than one, this determination will remain a state's choice.
The new section 6107 would authorize up to $1,000,000 and
$5,000,000 in fiscal years 2000 and 2001 out of general
revenue funds.
Section 3302 also made conforming changes to the table of
chapters for subtitle III, and certain conforming changes to
the existing one-call notification systems language of 49
United States Code 60114.
Conference substitute
The Conference adopts the Senate provisions with
modifications. The Conference stresses that untimely marking
of underground facilities, as well as the findings contained
in the Senate provision, also cause underground facility
damage.
The Conference also clarifies that compliance with the
minimum standards outlined in sections 6103 and 6104 would
only be required when applying for a grant under the new
section 6106. The Conference also modifies the Senate
language to require the Secretary to encourage states to
adopt the most successful practices of one-call notification
systems as determined the most appropriate by each state. The
Conference also modifies language in the newly added section
6108 to clarify that nothing in the new chapter 61 preempts
any existing state law, or would require a state to modify or
revise existing one-call notification systems. The Conference
also retains 49 U.S.C. 60114.
Subtitle D--Sportfishing and Boating Safety
House bill
Title VIII of H.R. 2400, contains amendments related to the
Coast Guard's Recreational Boating Safety Program. Section
801 of H.R. 2400 provides that title VIII of H.R. 2400 may be
cited as the ``Recreational Boating Safety Improvement Act of
1998.''
Section 802 of H.R. 2400 contains amendments to chapter 131
of title 46, United States Code, regarding the recreational
boating safety state grant program administered by the Coast
Guard. Section 802(a) of this title amends section 13106(a)
of title 46, United States Code, to allow the Secretary of
Transportation to expend each fiscal year the total amount
transferred to the Boat Safety Account under section
9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(c)(4)) for State recreational boating safety programs.
Under amendments contained in section 1104(a)(2) of H.R.
2400, the amount transferred to the Boat Safety Account is
equivalent to one-half of the total amount received as
motorboat fuel taxes during the preceding fiscal year.
Section 802(a) of this bill also amends section 13106(c) of
title 46 to establish two additional boating safety purposes
for which funds are made available to the Secretary from
amounts transferred to the Boat Safety Account. These
additional purposes are: (1) up to two percent is available
to the Secretary for compliance with chapter 43 of title 46,
relating to safety standards for recreational vessels and
associated equipment; and (2) up to three percent is
available to the Secretary to establish, operate, and
maintain aids to navigation that promote recreational boating
safety.
Section 802(b) amends section 13103(c) of title 46 to
require the Secretary of Transportation to conduct and report
to Congress the findings of a comprehensive survey of
recreational boating in the United States, by not later than
December 1 of 1999, and of every fifth year thereafter. To
conduct this survey, the Secretary may not use over 50
percent of the amounts allocated for national boating safety
activities of national nonprofit public service organizations
under this subsection for the fiscal year in which the survey
is conducted.
Subsection (c) of section 802 of this title amends section
13106 of title 46 by adding a requirement for the Secretary
of Transportation to make available in each fiscal year five
percent of the amount appropriated for State boating safety
programs that is in excess of $35 million for public access
facilities for transient nontrailerable recreational vessels.
Section 802(d) of this title establishes an effective date
for this section of October 1, 1998.
Senate amendment
Subtitle F of S. 1173 contains amendments to the Sport Fish
Restoration Program administered by the Secretary of Interior
(Secretary) through the Fish and Wildlife Service, and the
Recreational Boating Safety Program administered by the
Secretary of Transportation through the Coast Guard.
Section 3601 states that amendments in the Act that are
expressed in terms of an amendment to or a repeal of
provisions of the ``1950 Act'' shall be considered to be made
to provisions 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
on August 9, 1950 (16 U.S.C. 777 et seq.).
Section 3602 establishes a new boating and fishing outreach
and communications initiative. Subsection (a) of this section
amends section 2 of the 1950 Act (16 U.S.C. 777a) to make
technical changes and to establish definitions for the terms
``outreach and communications program'' and ``aquatic
resource education program''. Subsection (b) amends section 4
of the 1950 Act (16 U.S.C. 777c) to provide funding for a
National Outreach and Communications Program beginning in
fiscal year (FY) 1999 through FY 2003. Funding for this
program is allocated from the Sport Fish Restoration Account
of the Aquatic Resources Trust Fund. In FY 1999 the program
receives $5 million, with the amount increasing to $10
million in FY 2003. Subsection (b) also authorizes the
Secretary to use for this program up to $2.5 million annually
from the funds available for administration. In addition,
this subsection prohibits the Secretary from using funds
available for administration to replace funding traditionally
provided through general appropriations. Furthermore, the
Secretary is required to publish annually in the Federal
Register a detailed accounting of the projects and programs
that receive administrative funds.
Section 3602(c) amends section 8 of the 1950 Act (16 U.S.C.
777g) to change the percentage of State funding required to
be used to enhance boating access from 12.5 percent to 15
percent and to change the percentage of State funding allowed
to be used for aquatic resource education and outreach and
communications from 10 percent to 15 percent. This subsection
also adds new provisions to section 8 that: (1) require the
Secretary, in cooperation with the Sport Fishing and Boating
Partnership Council, to develop and implement a national plan
for outreach and communications within one year of enactment
of the bill; (2) require that the plan provide for the
establishment of a national outreach and communications
program; (3) authorize the Secretary to provide funding to
make grants to the States or private entities for the cost of
carrying out outreach or communications programs under the
plan; and (4) require the States to develop plans for
outreach and communications programs within one year of the
completion of the national plan.
Section 3603 makes changes to the Clean Vessel Act of 1992
(P.L. 102-587, title V, subtitle F). Specifically, this
section amends section 4(b) of the 1950 Act (16 U.S.C.
777c(b)) to provide annually in FY 1999 through FY 2003
funding totaling $84 million, reduced by 82 percent of the
amount appropriated for boat safety from the Boat Safety
Account. These funds are allocated as follows: (1) $10
million for vessel pumpout facilities under section 5604 of
the Clean Vessel Act (33 U.S.C. 1322 note); (2) $10 million
for a new boating infrastructure program established under
section 3604 of this subtitle; and (3) the remainder for
State recreational boating safety programs under section
13106 of title 46, U.S. Code. This section ensures that
States receive between $59 million and $72 million annually
for State boating safety programs.
Section 3604 establishes a program to improve boating
infrastructure. Subsection (a) states that the purpose of
this section is to provide funds to the States for the
development and maintenance of public facilities for
transient nontrailerable recreational vessels. Subsection (b)
amends section 8 of the 1950 Act (16 U.S.C. 777g) to require
the Secretary, in consultation with the States, to develop a
national framework that can be sued by the States to conduct
surveys to determine their boat access needs. Each State
agreeing to conduct a public boat access needs survey would
be required to report its findings to the Secretary within 18
months for use in the development of a comprehensive national
assessment of recreational boat access needs and facilities.
Section 3604(c) allows a State, within 6 months of
submitting a public boat access
[[Page H3932]]
needs survey to the Secretary, to submit to the Secretary
plans for the construction, renovation, and maintenance of
public facilities for transient nontrailerable recreational
vessels. Subsection (d) directs the Secretary to make grants
to the States for constructing, renovating, or maintaining
public facilities for transient nontrailerable recreational
vessels, and establishes priorities for such grants,
including projects proposed in accordance with a State plan
under subsection(c). Grants made to State under this
subsection may not exceed 75 percent of the cost incurred by
the State for these projects. Subsection (e) defines the
terms ``nontrailerable recreational vessel'' and ``public
facilities for transient nontrailerable recreational
vessels.''
Section 3605 makes changes to the Recreational Boating
Safety Program administered by the U.S. Coast Guard.
Subsection (a) of this section amends section 13104(a) of
title 46, U.S. Code, to reduce the amount of time that States
have to obligate funds received under the Recreational
Boating Safety Program from 3 years to 2 years. Subsection
(b) amends section 13106 of title 46, U.S. Code, to specify
that an amount equal to the sum of (1) appropriations from
the Boat Safety Account and (2) transfers to the Secretary of
Transportation under the Clean Vessel Act (as amended by
section 3603 of this bill) will be available annually for the
Recreational Boating Safety Program. Of this amount, $5
million is provided to the Coast Guard annually for expenses
related to the coordination and administration of the
program. Subsection (c) makes conforming amendments to
section 13106 of title 46, U.S. Code.
Conference substitute
The conference substitute adopts the Senate amendment, with
technical and other changes described as follows:
Section 7401 of the conference substitute provides that
subtitle D of title VI of this Act may be cited as the
``Sportfishing and Boating Safety Act of 1998.''
Section 7403 eliminates the requirement that the Secretary
use $10 million in FY 1999 for qualified boating
infrastructure projects under section 7404(d) of the
conference substitute, and makes these funds available in FY
1999 for the Sport Fish Restoration Program. This section
also reduces the amount available for these projects in FY
2000 through 2003 from $10 million annually to $8 million,
and makes the $2 million differential available for the Sport
fish Restoration Program.
Section 7404 of the conference substitute clarifies that
grants for facilities for transient nontrailerable
recreational vessels under this section may be available for
either publicly or privately owned facilities provided that
the facilities are available to the general public, as
determined by the Secretary. The conferees intend that, in
making this determination, the Secretary should develop
guidelines which, among other things, establish reasonable
costs to ensure that such facilities are available to the
general public.
Section 7405(b) of the conference substitute provides that,
of the $5 million available annually for Coast Guard
administration, $2 million will be used by the Secretary of
Transportation annually to ensure compliance with chapter 43
of title 46, U.S. Code. This funding will enable the Coast
Guard to improve boating safety by more vigorously enforcing
existing provisions designed to prevent boating defects.
REVENUE TITLE
I. Highway-Related Taxes and Trust Fund
A. Extension and Modification of Highway-Related Taxes
1. Highway-related taxes and exemptions
Present Law
Tax rates
Highway Trust Fund excise taxes are imposed on gasoline,
diesel fuel, kerosene, special motor fuels, on heavy truck
and tire sales, and on the use of heavy trucks. The Highway
Trust Fund tax rates are scheduled to expire after September
30, 1999, except for 4.3 cents per gallon of the motor fuels
excise tax (which is permanent).
The current Highway Trust Fund excise tax rates are as
follows:
------------------------------------------------------------------------
Item Tax rate <SUP>1
------------------------------------------------------------------------
Motor fuels:
Gasoline.............................. 18.3
Diesel and kerosene................... 24.3
Special motor fuels generally......... 18.3 <SUP>2
Compressed natural gas (``CNG'')...... 4.3 <SUP>3
Retail sales of heavy highway vehicles.... 12% of retail price
Heavy truck tires......................... Graduated tax on tires
weighing more than 40 lbs.
Annual highway vehicle use................ Graduated tax on vehicles of
55,000 lbs. or more
------------------------------------------------------------------------
\1\ Motor fuel tax rates include the permanent 4.3 cents-per-gallon
fuels tax; the rates do not include the 0.1-cent-per-gallon tax on
motor fuels for the Leaking Underground Storage Tank Trust Fund.
\2\ The rate is 13.6 cents per gallon for propane, 11.9 cents per gallon
for liquified natural gas (``LNG'), and 11.3 cents per gallon for
methanol fuel from natural gas, each based on the relative energy
equivalence of the fuel to gasoline.
\3\ The statutory rate is 48.54 cents per thousand cubic feet (``MCF').
Motor fuels exemptions
Present law provides exemptions (including partial
exemptions for specified uses of taxable fuels or for
specified fuels) for governments or for certain uses not
involving use of the highway system (such as farming).
LNG, propane, CNG, and methanol derived from natural gas
are subject to reduced tax rates based on the energy
equivalence of these fuels to gasoline.
Ethanol and methanol derived from renewable sources (e.g.,
biomass) are eligible for income tax benefits (the ``alcohol
fuels credit'') equal to 54 cents per gallon for ethanol and
60 cents per gallon for methanol. The alcohol fuels credit is
scheduled to expire after December 31, 2000, or earlier if
the Highway Trust Fund taxes actually expire before that
time. In addition, small ethanol producers are eligible for a
separate 10-cents-per-gallon tax credit. The 54-cents-per-
gallon ethanol and 60-cents-per-gallon renewable-source
methanol tax credits may be claimed through reduced excise
taxes paid on gasoline and special motor fuels as well as
through income tax credits. The authority to claim the
ethanol and renewable-source methanol tax benefits through
excise tax reductions is scheduled to expire after September
30, 2000, or earlier if the Highway Trust Fund taxes actually
expire before then.
House Bill
Tax rates
The House bill extends the Highway Trust Fund excise taxes,
other than the heavy truck tire tax, through September 30,
2005. The tire tax is extended through September 30, 2000,
and then is repealed.
Motor fuels tax exemptions and alcohol fuels credits
The House bill extends the current motor fuels tax
exemptions generally for the period concurrent with the
extension period for the taxes, except that the present-law
expirations for the ethanol and renewable-source methanol
exemptions (and income tax credits) are retained.
Effective date
Date of enactment.
Senate Amendment
Tax rates
The Senate amendment extends all Highway Trust Fund excise
taxes through September 30, 2005.
Motor fuel exemptions and alcohol fuels credits
The Senate amendment is the same as the House bill
with
respect to the extension of the general motor fuels tax
exemptions. The Senate amendment extends the ethanol and
renewable-source methanol tax provisions through September
30, 2007 (excise tax reduction) and December 31, 2007 (income
tax credit), respectively. Further, the Senate amendment
reduces the ethanol benefit from 54 cents per gallon to 53
cents per gallon for 2001-2002, 52 cents per gallon for 2003-
2004, and 51 cents per gallon for 2005-2007.
Effective date
Date of enactment.
Conference agreement
Tax rates
The conference agreement follows the Senate amendment.
Motor fuel exemptions and alcohol fuels credits
The conference agreement follows the Senate amendment.
Effective date
Date of enactment.
2. Motor fuels tax refund procedure
Present law
Gasoline and diesel fuel excise tax refunds are
administered separately, subject to separate quarterly
minimum filing thresholds. For gasoline, the minimum refund
claim is $1,000 in the calendar quarter to which the claim
relates. Certain diesel fuel claims are subject to this same
standard; certain other diesel and aviation fuel claims may
be filed in any of the first three calendar quarters in which
the aggregate year-to-date refund equals $750. Fourth quarter
refunds must be claimed as income tax credits regardless of
amount.
House Bill
The House bill combines refund procedures for all taxable
motor fuels, allowing aggregation of quarterly amounts and
filing of refund claims once a single $750 minimum amount is
reached (determined on a year-to-year basis rather than an
individual quarter basis). Fourth quarter refund claims are
allowed under the same rules as applicable to the first three
quarters.
Effective date
Claims filed after September 30, 1998.
Senate amendment
No provision.
Conference agreement
The conference agreement follows the House bill.
3. Requirement that motor fuels terminals offer dyed fuel
Present law
Diesel fuel and kerosene (after June 30, 1998) are taxed on
removal from a registered terminal facility unless the fuel
is destined for a nontaxable use and is indelibly dyed. After
June 30, 1998, terminals must offer dyed fuel as a condition
of being allowed to store untaxed fuel.
House bill
The House bill delays the effective date of the requirement
that terminals offer dyed fuel for two years, to July 1,
2000.
Effective date
Date of enactment.
Senate amendment
The Senate amendment is the same as in the House bill.
[[Page H3933]]
Conference agreement
The conference agreement follows the House bill and the
Senate amendment.
B. Highway Trust Fund Provisions
Present law
Transfers of revenues to Highway Trust Fund
Gross receipts from current highway excise taxes are
dedicated to the Highway Trust Fund for taxes imposed through
September 30, 1999, and received in the Treasury before July
1, 2000, under provisions of section 9503 of the Internal
Revenue Code (the ``Code').
Interest on Highway Trust Fund balances; unspent balances
The Highway Trust Fund earns interest on cash balances each
year from investments in Treasury securities (sec. 9602).
Cash balances remain in the Highway Trust Fund until
expended.
Highway Trust Fund expenditure authority
The Code authorizes expenditures (subject to appropriations
Acts) from the Highway Trust Fund through September 30, 1998,
for purposes provided in authorizing legislation, as in
effect on the date of enactment of Public Law 105-130. No
Highway Trust Fund monies may be spent for a purpose not
approved as of the last updating of the Code reference to the
most recent authorizing legislation changes.
The Highway Trust Fund is divided into two Accounts: a
Highway Account and a Mass Transit Account, each of which is
the funding source for specific transportation programs. The
Highway Account receives revenues from all non-fuel highway-
related excise taxes plus revenues from all but 2.85 cents
per gallon <SUP>4</SUP> of the highway motor fuels excise
taxes. The Mass Transit Account currently receives the 2.85
cents per gallon from the highway motor fuels excise
taxes.<SUP>5</SUP>
---------------------------------------------------------------------------
\4\ A technical correction (to 2.86 cents per gallon) is
included in this revenue title (H.R. 2400), and also in Title
VI of H.R. 2676 as passed by the House and the Senate.
\5\ Ibid.
---------------------------------------------------------------------------
Highway Trust Fund anti-deficit provisions
Highway Trust Fund spending is limited by two anti-deficit
provisions, which are internal to each of the Accounts. The
first limits the unfunded Highway Account authorizations at
the end of any fiscal year to amounts not exceeding the
unobligated balance plus revenues projected to be collected
for that Account by the dedicated excise taxes during the
following two fiscal years. The second provision similarly
limits unfunded Mass Transit Account authorizations to the
dedicated excise tax revenues projected to be collected
during the next fiscal year. If either of these provisions is
violated, spending for programs funded by the respective
Accounts is to be reduced proportionately, similar to a
Budget Act sequester.
1997 transfer of 4.3-cents-per-gallon tax revenues not for
direct spending
The Taxpayer Relief Act of 1997 (the ``1997 Act'')
transferred revenues from the additional 4.3-cents-per-gallon
highway fuels taxes to the Highway Trust Fund, effective on
October 1, 1997. The 1997 Act provided that those revenues
could not be used to increase direct spending under the 1991
authorizing legislation.
House bill
Transfers of revenues to Highway Trust Fund
The House bill transfers the gross receipts from current
highway excise taxes (as modified by the House bill repeal of
the heavy truck tire excise tax on October 1, 2000) through
September 30, 2005. Consistent with present law, pre-October
1, 2005 amounts received after September 30, 1999 with
respect to highway excise tax liabilities will continue to be
transferred to the Highway Trust Fund through June 30, 2006.
Interest on Highway Trust Fund balances; unspent balances
Under the House bill, the Highway Trust Fund earns no
further interest on its cash balances after September 30,
1998.
The House bill cancels certain ``excess'' Highway Trust
Fund's Highway Account balance (the amount in excess of $8
billion) on October 1, 1998.
Highway Trust Fund expenditure authority
The House bill extends the Highway Trust Fund expenditure
authority through September 30, 2003, and updates the
expenditure purposes for the Highway and Mass Transit
Accounts to the purposes as included in the current House
bill authorizing legislation (H.R. 2400).
Provisions are incorporated into the Highway Trust Fund
specifying that expenditures from the Highway Trust Fund may
occur only as provided in the Internal Revenue Code. The
House bill clarifies that the expenditure authority
expiration date does not preclude disbursements to liquidate
contracts which are validly entered into before the
expiration date. Expenditures for contracts entered into or
for amounts otherwise obligated after an expiration date (or
for other non-contract authority purposes under non-Code
provisions) are not to be permitted, notwithstanding the
subsequently enacted authorization or appropriations
legislation. If any such subsequent legislation authorizes
such expenditures, or such expenditures occur by
administrative action in the contravention of the Code
restrictions, excise tax revenues otherwise to be deposited
in the Highway Trust Fund are to be retained in the
General Fund beginning on the date of such unauthorized
action.
Highway Trust Fund anti-deficit provisions
The House bill conforms the one-year anti-deficit rule in
the Mass Transit Account to the two-year rule in the Highway
Account.
Highway Trust Fund technical corrections
The House bill includes two technical corrections to the
1997 Act relating to the Highway Trust Fund excise tax
revenues:
(1) Excise tax revenues attributable to LNG, CNG, propane,
and methanol from natural gas are divided between the Highway
and Mass Transit Accounts in the same proportions as gasoline
tax revenues are divided between those two accounts; and
(2) The amount of highway motor fuels tax revenues
transferred to the Mass Transit Account is corrected to 2.86
cents per gallon (rather than 2.85 cents per gallon as
erroneously provided in the 1997 Act).
1997 transfer of 4.3-cents-per-gallon tax revenues
The House bill deletes a provision of the 1997 Act
providing that the transfer of the additional 4.3 cents per
gallon in fuels tax revenues to the Highway Trust Fund and a
one- time adjustment to fuels tax deposit requirements do not
affect direct spending under the 1991 authorizing legislation
as ``deadwood.'
Effective date
Date of enactment.
Senate amendment
Transfers of revenues to Highway Trust Fund
The Senate amendment is the same as the House bill,
except
that the Senate amendment (as noted above) does not repeal
the tire tax.
Interest on Highway Trust Fund balances; unspent balances
No provision.
Highway Trust Fund expenditure authority
The Senate amendment is the same as the House bill
with
respect to extending the Highway Trust fund expenditure
authority through September 30, 2003. The Senate amendment
updates the expenditure purposes for the Highway and Mass
Transit Accounts to the purposes as included in the current
Senate authorizing legislation (H.R. 2400 as amended by the
Senate).
The Senate amendment also is the same as the House
bill
with respect to specifying that expenditures from the Highway
Trust Fund may occur only as provided in the Internal Revenue
Code, and the clarification relating to liquidations of
contract authority.
Highway Trust Fund anti-deficit provisions
The Senate amendment is the same as the House bill.
Highway Trust Fund technical corrections
The Senate amendment is the same as the House bill.
1997 transfer of 4.3 cents-per-gallon tax revenues
The Senate amendment is the same as the House bill.
Effective date
Date of enactment.
Conference agreement
Transfers of revenues to Highway Trust Fund
The conference agreement follows the Senate amendment.
Interest on Highway Trust Fund balances; unspent balances
The conference agreement follows the House bill, with a
modification deleting the cancellation of a portion of the
Mass Transit Account balance.
Highway Trust Fund expenditure authority
The conference agreement follows the House bill and the
Senate amendment by updating the Highway Trust Fund
expenditure purposes to include the purposes in the current
authorizing legislation (H.R. 2400) as enacted and as in
effect on the date of enactment.
Highway Trust Fund anti-deficit provisions
The conference agreement follows the House bill and the
Senate amendment.
Highway Trust Fund technical corrections
The conference agreement follows the House bill and the
Senate amendment.
1997 transfer of 4.3-cents-per-gallon tax revenues
The conference agreement follows the House bill and the
Senate amendment.
Effective date
Date of enactment.
II. OTHER TRUST FUND PROVISIONS
A. Aquatic Resources Trust Fund
Present law
Revenue transfers
Gasoline and special motor fuels used in motorboats and
gasoline used in small engines are subject to excise tax in
the same manner and at the same rates as gasoline and special
motor fuels used in highway vehicles. Of the tax revenues
from motorboat and small-engine use, 6.8 cents per gallon is
retained in the General Fund; 11.5 cents per gallon is
transferred to the Aquatic Resources Trust Fund (``Aquatic
Fund'').
Under present law, transfers of the motorboat fuels tax
revenues go to the Boat Safety Account of the Aquatic Fund
(up to $70 million per fiscal year).<SUP>6</SUP> Of amounts
in excess of $70 million, $1 million per fiscal year goes to
[[Page H3934]]
the Land and Water Conservation Fund (``Land and Water
Fund''), and the balance goes to the Sport Fish Restoration
Account of the Aquatic Fund. The authority to transfer
revenues to the Aquatic Fund and Land and Water Fund is
scheduled to expire after September 30, 1998.
---------------------------------------------------------------------------
\6\ The unobligated balance in the Boat Safety Account is
limited to $70 million.
---------------------------------------------------------------------------
Revenues from the 11.5-cents-per-gallon tax rate on
gasoline used in small engines is deposited in a Wetlands
sub-account in the Aquatic Fund for use in wetlands
conservation efforts.
Expenditure authority
Expenditures from the Boat Safety Account and the Land and
Water Fund are subject to appropriation Acts. The Sport Fish
Restoration Account has a permanent appropriation, and all
monies transferred to that Account are automatically
appropriated in the fiscal year following the fiscal year of
receipt.
Under present law, expenditures are authorized from the
Boat Safety Account as follows:
(1) One-half of the amount allocated to the Account are for
State boating safety programs; and
(2) One-half of the amount allocated to the Account are for
operating expenses of the Coast Guard to defray the costs of
services provided for recreational boating safety.
House bill
Revenue transfers
The House bill extends the transfer of 11.5 cents per
gallon of motorboat fuels tax revenues to the Boat Safety
Account of the Aquatic Fund and of small-engine gasoline tax
revenues to the Wetlands sub-account of the Aquatic Fund
through September 30, 2003. In addition, the 6.8-cents-per-
gallon portion of the tax on motorboat fuels and small-engine
gasoline that currently is retained in the General Fund is
transferred to the Aquatic Fund. This provision is phased-in,
with the transfer to the Aquatic Fund of 3.4 cents per gallon
for the period October 1, 1999 through September 30, 2000,
and at 6.8 cents per gallon for the period October 1, 2000
through September 30, 2003.
Transfers of motorboat fuels tax revenues to the Boat
Safety Account are changed to equal one-half of such revenues
each fiscal year, with a limit on the balance in that Account
equal to no more than one-half of the prior year's motorboat
fuels tax revenues.
Effective date.
October 1, 1998 for the transfer of the 11.5 cents-per-
gallon rate to the Aquatic Fund, October 1, 1999 for the
transfer of the 3.4-cents-per-gallon rate, and October 1,
2000 for the transfer of the 6.8-cents-per-gallon rate.
Expenditure authority
Expenditure authority for the Boat Safety Account of the
Aquatic Fund is extended through September 30, 2003. The
expenditure purposes of the Aquatic Fund are conformed to
those in effect in the House bill as of the date of enactment
of H.R. 2400.
Provisions identical to those described above under the
House bill for the Highway Trust Fund are incorporated into
the Aquatic Fund clarifying that expenditures from the
Aquatic Fund may occur only as provided in the Code.
Effective date.
October 1, 1998.
Senate amendment
Revenue transfers
The Senate amendment extends the transfers of 11.5 cents
per gallon of motorboat fuels tax revenues to the Boat Safety
Account of the Aquatic Fund and of small-engine gasoline tax
revenues to the Wetlands sub-account of the Aquatic Fund
through September 30, 2003.
Effective date.
October 1, 1998.
Expenditure authority
The Senate amendment is the same as the House bill
with
respect to the extension of the expenditure authority for the
Boat Safety Account through September 30, 2003. The
expenditure purposes of the Aquatic Fund are conformed to
those in effect in the Senate amendment as of the date of
enactment.
The Senate amendment clarifying that expenditures from the
Aquatic Fund may occur only as provided in the Code is the
same as the House bill provision.
Effective date.
October 1, 1998.
Conference agreement
Revenue transfers
The conference agreement follows the House bill and the
Senate amendment with respect to extension of transfers of
11.5 cents per gallon of motorboat fuels tax revenues to the
Boat Safety Account and Wetlands sub-Account of the Aquatic
Fund through September 30, 2003.
The conference agreement follows the House bill in
transferring additional motorboat fuels tax and small-engine
gasoline revenues to the Aquatic Fund. The conference
agreement provides that an additional 1.5 cents per gallon of
taxes imposed during fiscal years 2002 and 2003, and an
additional 2 cents per gallon thereafter, will be transferred
to the Aquatic Fund.
Effective date.
October 1, 1998.
Expenditure authority
The conference agreement follows the House bill and the
Senate amendment with respect to the extension of the
expenditure authority for the Boat Safety Account through
September 30, 2003. The expenditure purposes of the Aquatic
Fund (including those of the Sport Fish Restoration Account)
are conformed to those purposes in effect in the authorizing
provisions of the bill as of the date of enactment.
The conference agreement follows the House bill and the
Senate amendment with respect to the clarification that
expenditures from the Aquatic Fund may occur only as provided
in the Code.
Effective date.
October 1, 1998.
B. National Recreational Trails Trust Fund
Present law
The National Recreational Trails Trust fund (``Trails
Fund'') was established in the Intermodal Surface
Transportation Efficiency Act of 1991 (``1991 Act'). Revenues
from 11.5 cents per gallon of motor fuels taxes from fuel
used in nonhighway recreational vehicles <SUP>7</SUP> are
authorized to be transferred from the Highway Trust Fund to
the Trails Fund through September 30, 1998. Transfers to the
Trails Fund are contingent on appropriations occurring from
the Trails Fund. To date, no such appropriations have been
enacted; thus, no actual transfers of revenues have been made
to the Trails Fund.
---------------------------------------------------------------------------
\7\ Nonhighway recreational fuels taxes are taxes imposed on
(1) fuel used in vehicles and equipment on recreational
trails or back country terrain, or (2) fuel used in camp
stoves and other outdoor recreational equipment. Such
revenues do not include small-engine gasoline tax revenues,
which are transferred to the Aquatic Fund.
---------------------------------------------------------------------------
Expenditures are authorized from the Trails Fund, subject
to appropriations,<SUP>8</SUP> for allocations to States for
use on trails and trail-related projects as set forth in the
1991 Act. Authorized expenditure uses include (1) acquisition
of new trails and access areas, (2) maintenance and
restoration of existing trails, (3) State environmental
protection education programs, and (4) related program
administrative costs.
---------------------------------------------------------------------------
\8\ If appropriations were enacted from the Trails Fund,
there is an obligational ceiling of $30 million per fiscal
year under the 1991 Act.
---------------------------------------------------------------------------
House bill
The House bill repeals the Trails Fund, and the transfers
of nonhighway recreational fuels taxes to the Trails Fund.
Effective date.
October 1, 1998.
Senate amendment
The Senate amendment is the same as the House bill.
Conference agreement
The conference agreement follows the House bill and the
Senate amendment. (Under authorizing provisions of the bill,
Highway Trust Fund expenditures are authorized for similar
purposes to those of the Trails Fund.)
III. ADDITIONAL REVENUE PROVISIONS
A. Rail Fuels Excise Tax
Present law
Diesel fuel and gasoline used in trains are subject to a
5.65-cents-per-gallon excise tax. Of this amount, 0.1 cent
per gallon is dedicated to the Leaking Underground Storage
Tank Trust Fund; this rate is scheduled to expire after March
31, 2005. The remaining 5.55 cents per gallon is a General
Fund tax, with 4.3 cents per gallon being permanently imposed
and 1.25 cents per gallon being imposed through September 30,
1999.
House bill
The 4.3-cents-per-gallon General Fund excise tax imposed on
fuel used in trains is repealed.
Effective date.
October 1, 2000.
Senate amendment
The Senate amendment repeals the 1.25-cents-per-gallon tax
on fuel used in trains.
Effective date.
March 1, 1999.
Conference agreement
The conference agreement follows the Senate amendment,
except for the effective date.
Effective date.
November 1, 1998.
B. Income Tax Provisions
1. Tax-exempt financing of certain highway projects
Present law
Present law exempts interest on State or local government
bonds from the regular income tax if the proceeds of the
bonds are used to finance governmental activities of those
entities and the bonds are repaid with governmental revenues.
Interest on bonds issued by States or local governments
acting as conduits to provide financing for private persons
is taxable unless a specific exception is provided in the
Code. No such exception is provided for bonds issued to
provide conduit financing for privately constructed and/or
privately operated toll roads and similar highway
infrastructure projects.
House bill
No provision.
Senate amendment
The Senate amendment authorizes the construction of up to
15 highway infrastructure projects, such as toll roads
involving private business participation. These projects are
to be eligible for tax-exempt private activity
[[Page H3935]]
bond financing. Bonds for these projects generally are to be
subject to all Code provisions governing issuance of tax-
exempt private activity bonds except the annual State volume
limits (sec. 146). No proceeds of these bonds may be used to
finance the acquisition of land. In lieu of the State volume
limits, the aggregate amount of bonds that can be issued
under this pilot project is $15 billion (as allocated by the
Department of Transportation in consultation with the
Department of the Treasury).
Conference agreement
The conference agreement does not include the Senate
amendment.
2. Tax treatment of parking and transit benefits
Present law
Under present law, qualified transportation fringe benefits
provided by an employer are excluded from an employee's gross
income. Qualified transportation fringe benefits include
parking, transit passes, and vanpool benefits. In addition,
in the case of employer-provided parking, no amount is
includible in income of an employee merely because the
employer offers the employee a choice between cash and
employer-provided parking. Transit passes and vanpool
benefits are only excludable if provided in addition to, and
not in lieu of, any compensation otherwise payable to an
employee. Under present law, up to $175 per month (for 1998)
of employer-provided parking and up to $65 per month (for
1998) of employer-provided transit and vanpool benefits are
excludable from gross income. These dollar amounts are
indexed for inflation.
House bill
No provision.
Senate amendment
The Senate amendment permits employers to offer employees
the option of electing cash compensation in lieu of any
qualified transportation benefit, or a combination of any of
such benefits. As under present law, qualified transportation
benefits include employer-provided transit passes, parking,
and vanpooling. Thus, under the Senate amendment, no amount
is includible in gross income or wages merely because the
employee is offered the choice of cash and one or more
qualified transportation benefits. The amount of cash offered
is includible in income and wages only to the extent the
employee elects cash.
In addition, the Senate amendment increases the exclusion
for transit passes and vanpooling to $100 per month. The $100
amount is indexed as under present law.
Further, the Senate amendment provides that there is no
indexing of any qualified transportation benefit in 1999.
Effective date.
The provision permitting a cash option for any
transportation benefit is effective for taxable years
beginning after December 31, 1997; the increase in the
exclusion for transit passes and vanpooling to $100 per month
is effective for taxable years beginning after December 31,
2001; and indexing on the $100 amount for transit passes and
vanpooling is effective for taxable years beginning after
December 31, 2002.
Conference agreement
The conference agreement follows the Senate amendment.
Thus, as under the Senate amendment, no amount is includible
in gross income or wages merely because the employee is
offered the choice of cash in lieu of one or more qualified
transportation benefits, or a combination of such benefits.
In addition, no amount is includible in income or wages
merely because the employee is offered a choice among
qualified transportation benefits.
Effective date.
The conference agreement follows the Senate amendment.
3. Purposes for which Amtrak NOL monies may be used in non-
Amtrak States
Present law
The 1997 Act provides elective procedures that allow Amtrak
to consider the tax attributes of its predecessors in the use
of its net operating losses. The election is conditioned on
Amtrak agreeing to make payments equal to one percent of the
amount it receives as a result of the election to each of the
non-Amtrak States. The non-Amtrak states are required to
spend these monies to finance qualified expenses. Qualified
expenses include the capital costs connected with the
provision of intercity passenger rail and bus service, the
purchase of intercity rail service from Amtrak, and the
payment of interest and principle on obligations incurred for
a qualified purpose. Any amounts not spent for qualified
purposes by 2010 must be returned to the Treasury.
House bill
No provision.
Senate amendment
The Senate amendment expands the list of qualified expenses
to include: (1) capital expenditures related to State-owned
rail operations in the State; (2) projects eligible to
receive funding under section 5309, 5310, or 5311 of Title
49; (3) projects that are eligible to receive funding under
section 130 or 152 of Title 23; (4) upgrading and maintenance
of intercity primary and rural air service facilities,
including the purchase of air service between primary and
rural airports and regional hubs; and (5) the provision of
passenger ferryboat service within the State.
Effective date.
The provision is effective as if included in the Taxpayer
Relief Act of 1997 (effective on August 5, 1997).
Conference agreement
The conference agreement follows the Senate amendment with
further additions to the list of qualified expenses.
Additional qualified purposes added by the conference
agreement include harbor improvements and certain highway
improvements that are eligible to receive funding under
section 103, 133, 144, and 149 of Title 23.
Effective date.
The conference agreement follows the Senate amendment.
4. Tax treatment of certain Federal environmental grants
Present law
Certain Federal grants are excluded from income with
taxpayers receiving no basis in assets financed with the
grant monies. Other Federal grant programs result in income
exclusion when the grant is received, but taxpayers receive
basis in the grant-financed property.
House bill
No provision.
Senate amendment
The Senate amendment provides that, to the extent provided
under present law, grants under the authorizing provisions of
the Senate amendment relating to a Congestion Mitigation and
Air Quality (``CMAQ'') Program are not includible in taxable
income when received, and that no credit or other deduction
is allowed to taxpayers with respect to the property (or
other expenditures) financed directly or indirectly with the
CMAQ funds. The basis of such property is to be reduced by
the portion of the cost of the property that is attributable
to the CMAQ payment.
Conference agreement
The conference agreement does not include the Senate
amendment.
Limited Tax Benefits in the Revenue Title Subject to the Line Item Veto
Act
Present Law
The Line Item Veto Act amended the Congressional Budget and
Impoundment Act of 1974 to grant the President the limited
authority to cancel specific dollar amounts of discretionary
budget authority, certain new direct spending, and limited
tax benefits. The Line Item Veto Act provides that the Joint
Committee on Taxation is required to examine any revenue or
reconciliation bill or joint resolution that amends the
Internal Revenue Code of 1986 prior to its filing by a
conference committee in order to determine whether or not the
bill or joint resolution contains any ``limited tax
benefits,'' and to provide a statement to the conference
committee that either (1) identifies each limited tax benefit
contained in the bill or resolution, or (2) states that the
bill or resolution contains no limited tax benefits. The
conferees determine whether or not to include the Joint
Committee on Taxation statement in the conference report. If
the conference report includes the information from the Joint
Committee on Taxation identifying provisions that are limited
tax benefits, then the President may cancel one or more of
those, but only those, provisions that have been identified.
If such a conference report contains a statement from the
Joint Committee on Taxation that none of the provisions in
the conference report are limited tax benefits, then the
President has no authority to cancel any of the specific tax
provisions, because there are no tax provisions that are
eligible for cancellation under the Line Item Veto Act.
Conference Statement
The Joint Committee on Taxation has determined that the
revenue title to H.R. 2400 contains no provision involving
limited tax benefits within the meaning of the Line Item Veto
Act.
Pursuant to the order of the House on April 1, 1998, the
Speaker appointed the following conferees for consideration
of the House bill (except title XI) and the Senate
amendment
(except title VI), and modifications committed to conference:
Bud Shuster,
Thomas E. Petri,
Sherwood L. Boehlert,
Jay Kim,
Stephen Horn,
Tillie K. Fowler,
Richard H. Baker,
Robert W. Ney,
Jack Metcalf,
James L. Oberstar,
Nick Rahall,
Robert A. Borski,
Robert E. Wise, Jr.,
Jim Clyburn,
Bob Filner,
As additional conferees from the Committee on Commerce, for
consideration of provisions in the House bill and Senate
amendment relating to the Congestion Mitigation and Air
Quality Improvement Program; and sections 124, 125, 303, and
502 of the House bill; and sections 1407, 1601, 1602, 2103,
3106, 3301-3302, 4101-4104, and 5004 of the Senate amendment
and modifications committed for conference:
Tom Bliley,
Michael Bilirakis,
John D. Dingell,
Provided that Mr. Tauzin is appointed in lieu of Mr.
Bilirakis for consideration of sections
[[Page H3936]]
1407, 2103, and 3106 of the Senate amendment.
Billy Tauzin,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Jim Nussle,
Kenny C. Hulshof,
As additional conferees from the Committee on Ways and Means,
for consideration of title XXI of the House bill and title VI
of the Senate amendment, and modifications committed to
conference:
Charles B. Rangel,
Managers on the Part of the House.
From the Committee on Environment and Public Works:
John H. Chafee,
John Warner,
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Craig Thomas,
Christopher S. Bond,
Tim Hutchinson,
Wayne Allard,
Max Baucus,
Daniel Patrick Moynihan,
Harry Reid,
Bob Graham,
Joseph Lieberman,
Barbara Boxer,
From the Committee on Finance:
William V. Roth, Jr.,
Chuck Grassley,
Orrin Hatch,
John Breaux,
Kent Conrad,
From the Committee on Banking, Housing, and Urban Affairs:
Alfonse D'Amato,
Phil Gramm,
Paul Sarbanes,
Chris Dodd,
From the Committee on Commerce, Science, and Transportation:
Ernest Hollings,
From the Committee on the Budget:
Pete Domenici,
Don Nickles,
Patty Murray,
Managers on the Part of the Senate.
____________________