April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1885 Rush Smith (TX) Tierney LAYING ON THE TABLE HOUSE In fact, that is the way it was, until Ryun Smith, Adam Torres Sabo Smith, Linda Towns RESOLUTION 309 AND HOUSE in the mid-1960’s President Johnson got Salmon Snowbarger Traficant RESOLUTION 403 the idea that by not spending the Sanchez Snyder Turner Mr. SOLOMON. Mr. Speaker, I ask money, he could help fund the Vietnam Sanders Solomon Upton War. Sandlin Souder Velazquez unanimous consent that House Resolu- Sanford Spence Vento tion 309, dealing with the rule on fast Indeed, it was Eisenhower and the Sawyer Spratt Visclosky track, and House Resolution 403, deal- Congress which made a Contract with Saxton Stabenow Walsh America, and that contract was you Scarborough Stark Wamp ing with the rule on the bank reform Schaffer, Bob Stearns Watt (NC) bill, be laid on the table. pay your gas tax, and that money is Schumer Stenholm Watts (OK) The SPEAKER pro tempore (Mr. spent to improve highways. Unfortu- Scott Stokes Waxman HEFLEY). Is there objection to the re- nately, in the past several years, we Sensenbrenner Strickland Weldon (FL) have had a fraud perpetrated on the Serrano Stump Weldon (PA) quest of the gentleman from New Sessions Stupak Weller York? American people. It has not happened. Shadegg Sununu Wexler There was no objection. We have had abate and switch. You pay Shaw Talent Weygand your gas tax, but the money in the Shays Tanner White f Sherman Tauscher Whitfield trust fund does not get spent. To the Shimkus Tauzin Wicker BUILDING EFFICIENT SURFACE tune, there is $23 billion in that High- Shuster Taylor (MS) Wise TRANSPORTATION AND EQUITY way Trust Fund today. Sisisky Taylor (NC) Wolf ACT OF 1998 Let me share with Members some- Skaggs Thomas Woolsey Skeen Thompson Wynn The SPEAKER pro tempore. Pursu- thing that a very well-known American Skelton Thornberry Yates ant to House Resolution 405 and rule said when he was Governor of a State Slaughter Thune Young (AK) XXIII, the Chair declares the House in just a few years ago. He said this on Smith (MI) Thurman Young (FL) television: ‘‘The Congress took that Smith (NJ) Tiahrt the Committee of the Whole on the State of the Union for the consider- money from us under a solemn con- NAYS—8 ation of the bill, H.R. 2400. tract to turn right around and give it Bachus Hostettler Schaefer, Dan back to the States to be spent on roads b 1340 Barton Paul Watkins and highways. Instead, they are hoard- Gillmor Paxon IN THE COMMITTEE OF THE WHOLE ing that money up there, and the only NOT VOTING—11 Accordingly, the House resolved reason is to make the Federal deficit Cannon Kennedy (MA) Royce itself into the Committee of the Whole look smaller than it is. It is just Condit Klug Smith (OR) House on the State of the Union for the wrong. It is wrong as it can be, and we Gonzalez Payne Waters Jefferson Rangel consideration of the bill (H.R. 2400) to ought to stop it. It is in violation of authorize funds for Federal-aid high- the solemn contract the national gov- b 1336 ways, highway safety programs, and ernment has to the people who pay the Mr. PAXON and Mr. BARTON of transit programs, and for other pur- tax.’’ Governor Bill Clinton. Texas changed their vote from ‘‘yea’’ poses, with Mr. HASTINGS of Washing- So I say now to the Clinton Adminis- to ‘‘nay.’’ ton in the chair. tration, join us. Keep your word. Help Messrs. DOYLE, HEFNER, The Clerk read the title of the bill. us unlock the trust fund so that money The CHAIRMAN. Pursuant to the CHRISTENSEN and MEEHAN changed can go where it is supposed to go, to rule, the bill is considered as having their vote from ‘‘nay’’ to ‘‘yea.’’ improve America’s transportation in- been read the first time. So (two-thirds having voted in favor frastructure. Under the rule, the gentleman from thereof) the rules were suspended and We swallowed hard in the committee Pennsylvania (Mr. SHUSTER) and the the bill, as amended, was passed. to get where we are today on a couple gentleman from Minnesota (Mr. OBER- The title of the bill was amended so of very, very important compromises. STAR) each will control one hour, and as to read: ‘‘A bill to amend the Fed- We agreed that from this point for- the gentleman from Texas (Mr. AR- eral Credit Union Act to clarify exist- ward, we would not count the interest CHER) and the gentleman from New ing law with regard to the field of in the trust fund. York (Mr. RANGEL) will each control 15 membership of Federal credit unions, Over the life of this bill, that means minutes. to preserve the integrity and purpose $15 billion in debt reduction for our The Chair recognizes the gentleman of federal credit unions, to enhance su- country. And we swallowed hard and from Pennsylvania (Mr. SHUSTER). said that approximately $10 billion of pervisory oversight of insured credit Mr. SHUSTER. Mr. Chairman, I yield unions, and for other purposes.’’ the $23 billion in the balance will be re- myself such time as I may consume. turned. A motion to reconsider was laid on (Mr. SHUSTER asked and was given b the table. permission to revise and extend his re- 1345 f marks.) Put those two figures together and Mr. SHUSTER. Mr. Chairman, today you get about $25 billion in reduced PERSONAL EXPLANATION we bring to the floor of the House his- debt for the Federal Government, an Mr. CONDIT. Mr. Speaker, I was unavoid- toric legislation, legislation to rebuild amount which approximates the in- able detained for roll call vote 92, The Credit America so that we have a 21st Century crease in spending that this bill pro- Union Membership Access Act. Had I been transportation system. In the 21st Cen- poses. We only spend the revenue com- present, I would have voted aye. I would ask tury, from Seattle to Miami, from New ing into this Trust Fund from this that this be reflected in the RECORD in the ap- York to California, America is growing point forward. We only spend the propriate section. and prospering, but our infrastructure money paid for by the American people is crumbling. in the gas tax and the related transpor- f There are two fundamental principles tation taxes. Indeed, the projection is in the bill we bring to the floor today. we come in over the 6-year period GENERAL LEAVE The first is to put the trust back in the about $3 billion under the revenue com- Mr. BEREUTER. Mr. Speaker, I ask Transportation Trust Funds. It is to re- ing in. unanimous consent that all Members store honesty in budgeting. I would be quick to say, if there is no may have 5 legislative days within Every time an American drives up to need to spend this money, we certainly which to revise and extend their re- the gas pump and pays his or her 18.4- should not spend it, nor should we let marks and include extraneous material cent gas tax for every gallon of tax, it accumulate. We should reduce the on H.R. 1151, as amended. that money goes into the Highway taxes. The SPEAKER. Is there objection to Trust Fund and Americans have the So that brings me to, really, the sec- the request of the gentleman from Ne- right to believe that the money in the ond fundamental principle: That is, braska? trust fund is going to be spent to im- what are the needs for investment in There was no objection. prove transportation. infrastructure for America? I suggest H1886 CONGRESSIONAL RECORD — HOUSE April 1, 1998 that the needs are very clear; indeed, naysayers, we would have thought we to other categories, should the States they are overwhelming. Twenty-seven would have squeaked through, at best. and the localities so choose. percent of the highways in America are Instead, when the vote came, it was six Beyond that, we recognize the na- in poor condition. The average Amer- to one overwhelmingly in support of tional interest. Those who talk about ican is stuck 26 hours out of every year the rule for this bill. just give it all back to the States I in traffic. That does not really tell the Who are the supporters of this bill? It think must be living in 1920 instead of whole story. The average American liv- is not just us. All 50 governors have en- 1998. Interestingly, there is a greater ing in one of our big cities is stuck in dorsed this bill. The League of Cities, Federal interest today to tie our coun- traffic, bumper-to-bumper traffic, over the mayors have endorsed this bill. The try together than there has ever been. 50 hours in a year, more than a work- counties have endorsed this bill. The Why? Because we have more interstate week in a year. State legislatures have endorsed this travel than we have ever had. Indeed, on our highways, 42,000 Amer- bill. Environmentalists have endorsed I love to refer to Oklahoma City as icans are killed every year. Of that this bill. Safety groups have endorsed an example. Out there, you have two 42,000, 9,000 are kids killed on our high- this bill. Labor, the AFL-CIO and the interstates that cross, 35 and 40. They ways. The experts tell us that 30 per- Chamber of Commerce, what a pair, were built to carry 60,000 vehicles a cent of highway fatalities are caused have both endorsed this legislation. day. They are carrying 120,000 vehicles by bad roads. That is 12,000 Americans And, yes, the AAA, representing mil- a day. But, to me, that is not the most of the 42,000 being killed on our high- lions of the motoring public. interesting figure. To me, the most in- ways. Indeed, it is about 2,700 kids Why have they supported this bill? teresting figure is that 60 percent of being killed on our highways as a re- Why do we have this extraordinary, the license plates on those vehicles are sult of bad roads. That is more than a broad, bipartisan support across Amer- out-of-State license plates. It is not an commercial airplane crashing every ica? Here is what the bill does: It Oklahoma problem. It is a national day. What outrage we would have in unlocks the Transportation Trust Fund problem. this country if we had an airplane and says, from this point forward the Up in Seattle, coming out of the going down every day. revenue coming into the Trust Fund great port of Seattle-Tacoma, over 50 In addition to those fatalities, 3.5 can be spent on transportation im- percent of the product coming in from million Americans are injured on our provements. Asia is shipped to Chicago and east. highways every year. Get this. For Do not believe this baloney that we With tongue in cheek, I said they every baby born in America today, six somehow break the budget, that we should change the name from the Port out of every ten babies born will be in- somehow create a deficit. Not a penny of Seattle to the Port of Chicago, the jured in an automobile accident during can be spent if, indeed, the money is point being it is not a Washington his lifetime, some of them more than not there in the Trust Fund to be State problem, it is a national prob- once, if we do not change these acci- spent. Not a penny can be spent if we lem. dent rates. do not come back to this House with Across America today, 64 percent of We can change them. In fact, some- offsets from conference with the Sen- truck traffic is interstate. There is a thing I do not talk about very much, ate. So it cannot bust the budget. In- greater need to tie our country to- but it is appropriate today, I think. deed, it can only spend the revenues gether to make sure that the national Seventeen years ago I had my neck flowing into the Trust Fund paid for by interest is protected, as well as State broken in an automobile accident. I the motoring public. and local interest. That is why we was a passenger in a head-on collision. That is not all this does. This revises bring this balanced bill to the floor. I had my seatbelt on. They tell me I the formulas for the States by which We also move some general fund would have been a dead duck if I did they get their money in a much fairer transportation spending into the Trust not. But I am one of the lucky ones. way. We throw out the old formula, Fund. We acknowledge that it is the They put three pins in my neck and a which by the way is based in part on Transportation Trust Fund that should bone out of my hip, and I am okay. I some 1919 statistics, if Members can be- be spending the money, so we do that. am here. I am alive. I am lucky. But lieve that. We throw that aside, and we We also toughen up safety standards. 42,000 Americans every year are not so create a much fairer formula based on We provide incentives to toughen the lucky. Nine thousand kids every year transportation need as well as popu- drunk driving laws. We say that .08 is are not so lucky. lation. important, and we provide incentives I would wager that there is hardly We raise the minimum allocation for to the States to put .08 in their State anybody here in the Chamber today, or each State to 95 percent, including all laws. But we do not want to have an in our viewing audience, who has not formula funds; and, for the first time, unfunded mandate. We hope the States had a loved one or a friend who has we include the projects in the mini- will do it. We give them an incentive to been killed or seriously injured in an mum calculation. We also say that the do it. automobile accident. What is the cost donor States, since they are the ones On the subject of projects, which it of a life? We cannot really put a price putting up most of the money, the seems the media and the opponents, tag on it, but what we do know is that donor States get preference in discre- few though they are, have focused so with the investment made in this bill tionary grants. much on projects, only 5 percent of the over the life of this bill, the experts Beyond that, we recognize the need funds in this bill go to congressional tell us we can cut fatalities by 4,000 for more flexibility. There are those high-priority projects. Stop and think people a year. It sounds like a lot. Ac- who argue we should give the program about it. Eight percent of all the tually, it is less than 10 percent of the back to the States. We believe that money in this bill goes back to the fatality rate. It is doable. But do we goes too far, but we acknowledge the States. Seven percent goes downtown want to cut the number in half, 2,000 States and the cities should have much to the Secretary of Transportation. lives a year? What is the value we put more flexibility, and we put it in this The last time I checked, angels in on a life? bill. In this bill we provide that, in heaven did not make the decisions and This bill will save lives. This bill will every category going back, the States are not making the decisions as to give our country a productivity boost, and cities can shift up to 50 percent of where to build highways and transit an economic boost. This bill will create the money in that category into any systems. It is a political process. There jobs. For every $1 billion invested in other category, based on the State or is nothing wrong with the States, the highways, 42,500 jobs are created. city need. Governors, the legislators having 88 Where is the support for this bill? It There are two modifications to that. percent of the money to decide how it is not just here in the Congress, al- We want to protect the environment, is going to be spent, or the Secretary though I must tell the Members how and so we provide that in CMAQ and having 7 percent of the pot. thrilled I was to see the overwhelm- enhancements the States must spend We think it is not unreasonable, in ingly positive vote we got just a few at least as much as they have been pre- fact, it is very reasonable, to say that minutes ago on the rule for this bill. If viously spending, but in the increased the Members of Congress who have to Members would listen to the money, 50 percent of that can be flexed cast the tough votes on this legislation April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1887 should be able to recommend to our in their own congressional districts. We read so much in the local papers committee what projects are most im- Now, as hard as that is for Members to about the importance of the Woodrow portant in their district, and we limit believe, it is in the RECORD. It is there Wilson Bridge. Let me tell my col- it to only 5 percent of the pot. for Members to see. leagues there are over 30 interstate re- In addition to that, when we hear Last week I challenged any Member construction projects, all of which cost those saying, well, it is the same old to come forward and say that I had of- more than a billion dollars. So while way it used to be done, that simply is fered a project in exchange for his vote the Woodrow Wilson Bridge may well not true. We have a 14-point vetting or, conversely, had threatened to take be important to the region here, there process where these projects must meet a project away if he did not vote with are other projects all across America the standard, including support from us. Nobody has responded to that chal- which cost just as much on the inter- the Secretary of Transportation in lenge. Why? Because nobody can, be- state system, the highest priority sys- their home States, or their mayors, if cause that is not the way we do busi- tem, and which are just as important it is in an MPO area. ness. Not only in this bill, but never in to other Americans across this coun- Let me emphasize that this tough 14- my career in the Congress have I ever try. point vetting program was something made such a threat to a Member of So I hope that, again, those who that was actually proposed and put Congress. seem to see nothing of virtue in any- into effect by the gentleman from West So it is very regrettable that the peo- thing but their own particular interest Virginia (Mr. NICK JOE RAHALL), a ple who on the one hand seem so self- might broaden their horizons just a bit. Democrat. So this is bipartisan. It is righteous also are dealing very loosely Mr. Chairman, my colleagues who something that makes a lot of sense; with the truth. Maybe there is a little know me best know I am not exactly a and, indeed, it is something that inconsistency there that I hope one raving left-wing liberal spender. In fact should be done. might recognize. In fact, there is a the American Conservative Union gave Further, let me emphasize, when we great line in the book, ‘‘The Hawai- me a 100 percent rating last year. I hear people saying, well, if you elimi- ians’’ which I will clean up and para- slipped in my NFIB rating. I only got a nate the projects you save money, Mr. phrase, which is, ‘‘How I envy the 97. I am not a big spender; I am a fiscal Speaker, we do not save a penny. The pious. They can be such hypocrites and conservative. But there is a fundamen- money, if there are no projects, simply never even know it.’’ tal difference between spending tax goes back to the States or downtown. Well, the good news is we have dealt dollars to build assets and pouring It will be spent, but it will either be fairly with every Member in this body. money down a rat hole. the faceless, nameless bureaucrats I must say I was surprised to see the Indeed, Mr. Chairman, I would say to downtown or in State government or gentleman from Delaware, my good my conservative Republican col- the Governors or the State legislators friend, last week holding a press con- leagues, look at the legacy of our who will be spending the money. ference because he does not like our party. It was Abraham Lincoln who in I do not know how many Members I bill, calling it highway robbery. He is the midst of the Civil War signed the have had come to me and say, for ex- my good friend. We serve together on papers to create the first trans- ample, my State government is all Re- the Select Committee on Intelligence. continental railroad and who strongly publican, and I am a Democrat. I do Indeed, we are members of other orga- supported Henry Clay’s American sys- not get anything in my district, so I nizations here on the Hill. tem for capital improvements, for in- need a high-priority project. Or, con- But what short memories we seem to ternal improvements. versely, my State is all Democrat; and, have. It was just last year that the It was Teddy Roosevelt, the Panama as a Republican, I do not get anything Delaware delegation pushed through Canal. George Will, the wonderful col- unless I have a high-priority project. $2.3 billion for Amtrak. In fact it was umnist, wrote a column a few months Who knows better what is most im- described by some as one of the most ago in which he observed that some portant in their district than the Mem- bizarre, backhanded ways of funding a conservatives today, had those same bers of Congress from that district? In program that has ever been witnessed conservatives been back there with fact, I would respectfully suggest there around here. Teddy Roosevelt, probably would have is a bit of arrogance in those who say But I did not take the floor and call voted against the Panama Canal. Well, that somehow they know better what it the ‘‘great train robbery.’’ No, I sup- I would like to think not, but it does is important in their congressional dis- ported what they were trying to do be- not end with Teddy Roosevelt. tricts than Members know. Indeed, I cause we were able to reform Amtrak, Eisenhower, the father of the inter- would suggest that if Members do not because Amtrak is important, not to state system. Mr. Chairman, do my col- know what is really important to peo- some Members but to the gentleman leagues know who Eisenhower’s floor ple in their congressional district, they from Delaware and the Members from manager was in the United States Sen- are not going to be here very long. the Northeast Corridor. Amtrak is im- ate to pass the interstate system? Let me emphasize that, while we portant to them, so we supported that Prescott Bush, the father of President have some disagreement in this bill, I and we supported the reform of Am- George Bush. have the greatest respect particularly trak. To my conservative colleagues I say for the gentleman from Ohio (Mr. JOHN I must tell my colleagues that the re- we have a legacy here of building KASICH), who is not a hypocrite and form bill spells out that those reforms America and today is the day we have who said he does not want to see tax must be accomplished by June 1, or all the opportunity to do it. Today is the revenue spent on transportation. money for Amtrak stops, ceases, zero. I day we have the opportunity to put b must also tell my colleagues that there honesty back in budgeting. To spend 1400 are indications that those reforms may only the trust fund money that is com- I disagree with him. I disagree with not be met by June 1, which means ing in. To save lives. To remove con- him fundamentally. But he is straight. they will have to be back here on the gestion and to increase productivity. This is his position. He has a right to floor again asking for forgiveness for The revenue exists. take that position. And he also, in the Amtrak legislation or there will not be Let me close by sharing with my col- process, has not sent us letters request- any money for Amtrak. leagues something that Stephen Am- ing projects for his district while at the Well, it seems to me that it might be brose, the historian, wrote in a book same time saying he opposes projects. a little more difficult next time around that just came out recently. It is a He is not a hypocrite. He is an honor- to get that kind of forgiveness for Am- wonderful book entitled ‘‘Citizen Sol- able person. trak. So I hope that those who some- diers.’’ It is a book about the soldiers Mr. Chairman, I had to take the well times seem to feel that nobody’s cause of America who in World War II last week and to release and put in the but their own is worthwhile might take slogged their way through Europe to CONGRESSIONAL RECORD letters from a little broader look at the transpor- win victory for our country and for the several Members of Congress who are tation needs all across America. allies. castigating the projects but who have The Woodrow Wilson Bridge is an- He wrote in the conclusion of his asked for multimillion dollar projects other case in point. A billion dollars. wonderful book about those World War H1888 CONGRESSIONAL RECORD — HOUSE April 1, 1998 II veterans when they came home, and concrete, asphalt, steel and goodwill spend on all kinds of things, adding to here is what he said about them: and good vision and a good sense of di- the national debt? These were the men who built modern rection for America. Gas taxes are user fees collected to America. They wanted to construct. They Transportation means economic fund transportation. They should ei- built the interstate highway system, the St. growth, means mobility, and it means ther be used for that purpose, as Lawrence Seaway, the suburbs so scorned by opportunity for America. That is what BESTEA does, or the gas tax should be the sociologists but so successful with the this legislation is all about. cut. people, and much more. Mr. Chairman, I reserve the balance b 1415 So let us on a bipartisan basis in this of my time. Chamber today, let us in our time be Mr. SHUSTER. Mr. Chairman, I yield Now, some have used the term ‘‘hy- the builders of a better America as we 5 minutes to the distinguished gen- pocrisy’’ to describe this bill. Well, the true hypocrisy is taxing the American move into a new and exciting 21st cen- tleman from Wisconsin (Mr. PETRI) tury, so that our children’s children 50 chairman of the Subcommittee on Sur- public, saying we will use those taxes years from now might be able to look face Transportation. only for transportation, and then not back and say: See, this they did for us. Mr. PETRI. Mr. Chairman, today we living up to our part of the bargain. Mr. Chairman, I reserve the balance are considering legislation that, per- That is why America has become so of my time. haps more than any bill we will con- skeptical about Washington. We are ending that practice in this Mr. OBERSTAR. Mr. Chairman, I sider this Congress, touches the lives of bill. We should not lose sight of the yield myself 3 minutes. each and every constituent of each and fact that since BESTEA more fully Mr. Speaker, 42 years ago in this every Member of this House. spends the new gas taxes coming into Chamber a Democratic Congress, Mr. Chairman, until something goes the trust fund, we have agreed to write united with a Republican President, wrong, we often overlook the impact off a total of $9 billion of the outstand- launched a new experiment in trans- that transportation has on our daily ing $22 billion cash balance in the portation, one that would prove to be lives. No matter who we are or where Highway Trust Fund, and we have enormously successful in improving we live, we rely on an efficient and safe agreed to forgo interest that would America’s mobility and expanding its transportation network. Whether we otherwise be credited to this trust fund economy and moving transportation live in an urban area where transit pro- saving over $14 billion in national in- from border to border and coast to vides a way to get to and from work; debtedness. No one has been talking coast in a way that never had been ac- whether we farm land in a rural area about that, but it reduces the out- complished before. and need to get crops to market quick- standing debt of the United States by Today we stand at the beginning of a ly; whether we own a business that over $20 billion. new century and a new millennium. needs to truck in materials and get fin- We have significantly reformed dis- The legislation we bring to the floor ished goods out over the roads; whether tribution formulas to provide for the today takes us beyond the vision of the we are a young mother worrying about more equitable allocation of funds interstate system and beyond the vi- safely driving our young children to among the States. Funding formulas sion that was created in ISTEA in 1991 school each day; or whether we load up are updated so that we no longer use and to a new century, a new millen- the family and go down the highway on historic shares to distribute funds, and nium, a new investment with renewed our annual family vacation in Disney instead we use up-to-date transpor- vigor in a future America. World or the Grand Canyon, we need a tation data that more accurately re- Mr. Chairman, I compliment the gen- good transportation system in the flects usage and need. tleman from Pennsylvania (Chairman United States for daily commutes, to Minimum allocation for donor States SHUSTER) on the extraordinary job he transport freight around the country, is increased to 95 percent. Several has accomplished of leading us through and to provide opportunities for tour- other donor State funding provisions the thicket of conflicting issues, val- ism and for recreation. are included. A very significant reform ues, ideas, demands, interests and pres- Transportation is something that we is that for the first time projects are sures to do the right thing for America. use every day, and it provides a safe included in the minimum allocation He traced the evolution of the trans- and efficient way of getting around and calculation so States cannot be se- portation system, of this legislation, in moving goods, and it is something that verely disadvantaged or advantaged a very heartfelt, deeply sensitive and our constituents expect. whether they have or do not have deeply committed way just a moment Mr. Chairman, today we have an op- projects. ago. His words are a measure for all portunity to pass legislation that truly Finally, donee States do not lose in time. does provide tangible, real benefits for terms of actual dollars received, but in What we do in this legislation is not all Americans. Some have tried to at- fact increase substantially over the just to continue but to extend beyond tack the bill before us based on the amounts received, over the past 6 years where we have been in our transpor- funding levels and budget implications of ISTEA. Under BESTEA, we are able tation mix of the last 42 years. Mr. of authorizations for projects in var- to increase funding for clean air pro- Chairman, we continue the investment ious Members’ districts. But those crit- grams. We increase by $2 billion fund- in America that is the fundamental ics ignore one important fact: all the ing for safety and safety education pro- driving force for this transportation spending in this bill is fully supported grams, and we have done an increase in sector, which is 10 percent of our gross by the gas taxes paid and collected in transit funding by 43 percent. domestic product. We continue the pro- the Highway Trust Fund. In fact, It contains significant reforms to grams of this country that we initiated spending is actually below trust fund streamline project delivery and reduce in ISTEA that have been so enor- revenues over the next 6 years. Spend- red tape, including coordinating envi- mously successful. We continue the en- ing in this bill is linked to the amount ronmental reviews, reducing project vironmental stewardship. We address of taxes collected in the trust fund, approval requirements and eliminating safety and, indeed, had we not ad- taxes collected from the motoring pub- programmatic responsibilities of De- dressed safety with the interstate high- lic and which can be used only for partment of Transportation regional way program in 1956, we would be kill- transportation purposes. offices. ing 110,000 people on America’s high- Spending increases in this bill are so Mr. Chairman, passage of BESTEA ways today. large in part because we are finally today means Americans traveling on We provide continued equity in our using the gas taxes for transportation the roads will be safer. It means that transportation program for minorities instead of hoarding them in the trust we will take a step forward in sustain- for labor, for construction labor, and fund to subsidize other spending. The ing and improving the economic pros- for the States through our distribution current trust fund balance is about $23 perity that we as Americans are so for- formula. This is a bill that is good for billion. Under the budget agreement tunate to enjoy. And it means that we all America, for all time, to take us last year it would have grown to $70 will be competitive in a global econ- into that next century. Not a bridge of billion. What is fair about that, govern- omy that relies on efficient transpor- fiber optic cable, but a bridge built on ment borrowing from the trust fund to tation. We quite literally need good April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1889 highways, bridges and public transit to America’s future and vote in favor of committee on Surface Transportation, keep us moving ahead into the future. H.R. 2400. who has contributed so vigorously and Mr. OBERSTAR. Mr. Chairman, I Mr. SHUSTER. Mr. Chairman, I yield so many dedicated, devoted hours to yield 4 minutes to the distinguished myself such time as I may consume. the shaping of this legislation. gentleman from Illinois (Mr. LIPINSKI), I almost find myself uncontrollable Mr. RAHALL. Mr. Chairman, I thank ranking member on the Subcommittee here in recognizing and giving 5 min- the gentleman for yielding me this on Aviation. utes to the Honorable John Paul Ham- time. Mr. LIPINSKI. Mr. Chairman, I merschmidt, a former member of Con- I commend the gentleman as well as thank the ranking member, the gen- gress and a former ranking member of the gentleman from Pennsylvania (Mr. tleman from Minnesota (Mr. OBER- our committee, the man who would be SHUSTER) and the subcommittee chair- STAR), for this time. chairman if he were still here, so I man, the gentleman from Wisconsin Mr. Chairman, I rise today in strong want to acknowledge he is in the (Mr. PETRI), for their excellent work on support of H.R. 2400, the Building Effi- Chamber and wish him well. this legislation. As we begin debate on ciency Surface Transportation and Eq- Mr. OBERSTAR. Mr. Chairman, I this legislation, we are indeed at a uity Act, commonly referred to as yield myself 30 seconds to join in the crossroads in this country. We can de- BESTEA. First, I want to thank our acknowledgment of our colleague, one cide whether we want to retreat from chairman and ranking members for all of the architects of ISTEA that brings the transportation needs of the new of their hard work, the gentleman from us to the floor today, and an extraor- century and fail to make the necessary Pennsylvania (Mr. SHUSTER), the gen- dinarily distinguished Member of this investments in our highway and tran- tleman from Minnesota (Mr. OBER- House and of our committee for so sit infrastructure, or we can rise to the STAR), the gentleman from Wisconsin very, very many years. We owe him a challenge and dedicate the necessary (Mr. PETRI), the gentleman from West great debt of gratitude. resources to these endeavors. Virginia (Mr. RAHALL). They have Mr. SHUSTER. Mr. Chairman, I yield Those of us who bring this legislation worked together to create a strong bi- 11⁄2 minutes to the distinguished gen- forth today are seeking to rise to that partisan bill that provides the nec- tleman from Kentucky (Mr. ROGERS) challenge, to keep faith with the Amer- essary funding to maintain and im- chairman of one of the important ap- ican public, to restore integrity and re- prove our Nation’s infrastructure. propriations subcommittees. store trust back into the Highway I am sure that during the debate Mr. ROGERS. Mr. Chairman, I thank Trust Fund and to make the necessary today, a few of our colleagues will try the chairman for yielding the time and investments in America. To be clear, to say that this important bill busts join in welcoming our friend, Mr. Ham- this is not just about an investment in the Balanced Budget Act of 1997. This merschmidt, back to this Chamber. concrete and asphalt, but one about in- is simply not true. This bill is paid for Mr. Chairman, the highway bill be- vestment into our children, one about out of the Highway Trust Fund. The fore us today opens doors for the Na- investment into our environment, and Highway Trust Fund is supported by tion and the people of Kentucky. First, an investment into the very social fab- fuel taxes paid by motorists. Therefore, it unlocks the Highway Trust Fund, ric of this Nation. this bill is paid for each time motorists providing the money needed to invest This legislation involves the very go to pay for their gasoline. BESTEA in our national highway system and to standard of living we in this country does not bust the balanced budget. boost spending in donor States like wish to enjoy, and it entails the type of BESTEA simply spends down the large Kentucky. BESTEA gives Kentucky 90 legacy we wish to leave to future gen- unspent surplus in the Highway Trust cents back on every dollar that we send erations, our children. Poor road pave- Fund. Under this bill, dedicated gas in to the trust fund as opposed to 77 ment, outdated design standards, and taxes are used for their dedicated pur- cents they received under ISTEA. the lack of safety enhancement present pose, to address the transportation Overall, Kentucky will receive on av- a very real threat to the motoring pub- needs of cities and States throughout erage approximately $479 million per lic. In parts of my district, school this Nation. year in highway funding. That is 70 buses have collided with trucks for This is absolutely necessary because percent more than our share over the these very reasons, prematurely extin- America’s transportation needs are last 5 years. guishing the innocent lives of our staggering. Our Nation’s transpor- Second, it launches the I–66 project younger generation. I know tragedies tation infrastructure in many areas is in Kentucky, making the first major like this have happened elsewhere crumbling and it is in urgent need of dollar investment toward construction. around the country. repair, mainly because we as a Nation I–66 will open up southern and eastern This bill makes an investment into have not invested enough to maintain Kentucky to the rest of the Nation, improving those roads and providing and improve our transportation sys- creating thousands of jobs. more safety features so that we can tem. In fact, in the last 30 years trans- Third, monies included in the House better ensure the well-being of our portation spending as a percentage of and Senate version of this bill virtually children. the Federal budget has been cut in guarantee that we will make substan- Our environment, let us look at what half. Yet investing in transportation tial progress on the unfinished sections this bill does. Congestion plagues our means investing in America’s future. of the Appalachian development road cities, both large and small. Air qual- Economic studies show that every system, which is vital to our region. ity deteriorates as vehicles stack up dollar invested in the highway system Of special importance is that this bill behind each other with motors idling. yields $2.60 in economic benefit. Other will save lives. BESTEA gives States And tempers flare erupting into road countries are already investing billions the ability to improve the safety of rage affecting so many parts of this in their core infrastructure. Fortu- many poorly designed roads and country. nately, BESTEA does the same for bridges. This will save hundreds of This bill makes an investment into America. lives in Kentucky alone. improving our environment by advanc- Mr. Chairman, as I said this morning, Simply put, BESTEA is the best deal ing alternative means of transpor- BESTEA is a good bipartisan bill. It for Kentucky, the best deal for donor tation such as transit, bicycle and pe- will provide better, safer roads. It will States and the best deal for our Nation. destrian pathways, and innovative new provide new and improved public trans- I congratulate the gentleman from intelligent transportation systems. portation systems. It will improve air Pennsylvania (Mr. SHUSTER) and the Our very standard of living, let us quality by reducing traffic congestion gentleman from Minnesota (Mr. OBER- look at what this bill does. In order to and by promoting public transit. It will STAR) and the other members of the compete globally, companies are de- provide good jobs for middle-class committee for a great job on a great manding production efficiency. It is es- Americans. It will ensure America’s fu- bill. timated that more than one-half of ture as a world leader by maintaining Mr. OBERSTAR. Mr. Chairman, I U.S. manufacturers are using just-in- and improving our world class surface yield 3 minutes to the distinguished time inventory systems. This approach transportation system. I strongly urge gentleman from West Virginia (Mr. RA- requires an efficient transportation all my colleagues to vote to invest in HALL), ranking member on the Sub- system. H1890 CONGRESSIONAL RECORD — HOUSE April 1, 1998 This legislation makes a fundamen- We must, in fact, spend these taxes urban community, I am greatly en- tal investment into improving our on what we promised we would spend couraged by the increase in transit transportation systems, not just high- them on. It is an honesty question and funding provided for in BESTEA. Rid- ways, but transportation links that are it is time to be honest with the Amer- ership on computer and light rail has intermodal in nature, to better ensure ican people. If we are not going to ex- grown steadily and significantly. New the smooth flow of goods, both domes- pend these monies for the purpose that transit starts are exploding. And as tic and international markets. was intended, then let us repeal the such, in each of the last 4 years of the It has been said that ISTEA rep- tax. bill, $6.4 billion is spent on transit, resented a revolution in how we viewed Mr. Chairman, it is time to spend the nearly a 50-percent increase above cur- our surface transportation needs. Over Highway Trust Fund where it is sup- rent funding levels. the course of the last 6 years ISTEA, as posed to be spent: Improving roads and In the current political climate of de- implemented, has produced some fun- enhancing the safety of the American creased Federal spending, committing damental changes in the Federal role motorists who use those roads. such revenues speaks to the recogni- tion of the pivotal role mass transit in transportation. It empowered our b 1430 local communities. must play if we are to best utilize our Mr. OBERSTAR. Mr. Chairman, I If ISTEA was indeed a revolution, resources, transportation and other- yield 3 minutes to the gentleman from then this bill known as BESTEA is a wise. Pennsylvania (Mr. BORSKI), the rank- revelation; a revelation because it ex- Perhaps the best illustration of the ing member on our Subcommittee on poses the Highway Trust Fund for what innumerable benefits investments in Water Resources and Environment. it truly is, not an account to be used to our Nation’s infrastructure and, more (Mr. BORSKI asked and was given specifically, in transit can yield is mask the true size of the Federal defi- permission to revise and extend his re- found in the welfare-to-work provisions cit, or make our budget look brighter. marks.) of the bill. This critically important Not a pot of funds to be held hostage to Mr. BORSKI. Mr. Chairman, let me program helps restore our cities and re- the whims and the caprices of our first thank the distinguished gen- turn our people to productive use by budgeteers, but rather as a trust fund, tleman from Minnesota (Mr. OBERSTAR) providing them with the ability to a trust fund paid into by the American for yielding me this time. physically get to where the jobs are. motorists for the express purpose of re- I also want to commend and con- People in my city of Philadelphia ceiving a better return in building our gratulate both he and our distin- know all too well that, as companies road and bridges in this country. guished Chairman for bringing this abandon our cities for the suburbs, I urge adoption of this entire bill. I truly bipartisan and truly historic bill they take their jobs and opportunities think it is what the American public to the floor of the House of Representa- with them, leaving unemployed city wants. It is what our children and fu- tives. I also want to commend the gen- dwellers. In fact, two-thirds of all new ture generations want. tleman from Wisconsin (Mr. PETRI) jobs created are in the suburbs. Fur- Mr. PETRI. Mr. Chairman, I yield 2 and, of course, our ranking member on thermore, less than 6 percent of fami- minutes to the distinguished gen- the subcommittee, the gentleman from lies receiving benefits from the Tem- tleman from North Carolina (Mr. West Virginia (Mr. RAHALL). porary Assistance for Needy Family COBLE). Mr. Chairman, I think it is important program own cars. This means that 94 Mr. COBLE. Mr. Chairman, I think it to understand that this is not just a percent must rely on transit systems is important to recognize the tremen- highway bill. By establishing funding to get them to work. dous steps the committee is taking to levels that are fiscally sound, it pro- Mr. Chairman, I rise today to offer my significantly to improve donor States vides necessary resources to meet wholehearted support for H.R. 2400, the Build- rate of return in this bill. BESTEA dis- America’s diverse transportation infra- ing Efficient Surface Transportation and Equity tributes funds equitably among the structure needs. Act of 1997. Let me first congratulate Chair- States by reforming the highway fund- BESTEA maintains the enhancement man SHUSTER, Ranking Member OBERSTAR, ing formulas so that they are based and CMAQ provisions set forth in Chairman PETRI, and Ranking Member RA- upon relevant transportation factors. ISTEA. It provides for an equitable dis- HALL for the truly remarkable job that they Specifically, there are provisions in tribution of funds among States, it im- have done. Reauthorization of any bill of this this bill which will guarantee that no proves safety on our highways, pro- magnitude is always an arduous and delicate State will fall below a 90 percent re- vides flexibility for States and local task. But the validity of some of the inherently turn on its contributions to the High- areas, and it benefits urban and rural competing interests associated with this pro- way Trust Fund. In addition, the com- America. gram, and the need for those interests to be mittee repealed the penalty on discre- Mr. Chairman, it is important to both acknowledged and reconciled, created a tionary grants for States that receive point out that these varied and critical monumental assignment for those charged minimum allocation funding. While goals can only be met because of a pro- with the reauthorization of ISTEA. What they BESTEA is not perfect, Mr. Chairman, vision in the bill that calls for phasing bring to the floor today, surpasses any reason- it certainly goes a long way to address in spending the 4.3 cents fuel tax re- able expectations held by those of us all too the critical need of donor States, and I cently returned to the Trust Fund and familiar with the scope and complexity of the hope we can continue to work together taking the Trust Fund, itself, off budg- bill. In BESTEA, the enormous needs of our to that end. et beginning in 1999. nation's infrastructure have been addressed, This bill is not only about saving The monies that are actually spent while maintaining the integrity of the program lives, it is about being honest with the on our country’s infrastructure have itself. The result is a bipartisan product the American people. Many Members in been consistently and substantially Transportation and Infrastructure Committee, the Chamber today will claim that this less than what is collected. To call this and the whole House, should be proud to en- is a budget buster. I am a fiscal con- money a dedicated tax and then dis- dorse. Finally, with this bill, we can do what servative, Mr. Chairman. This charge is regard its intended use is a fraud. we have promised every American that we simply not true. Clearly, our country has enormous would do when we asked them to pay into the When Congress set up the Highway transportation infrastructure needs. Highway Trust Fund at the gas pump- ade- Trust Fund, it created a contract with We cannot afford to look the other way quately build and maintain our nation's crum- the American people by instituting a while revenues committed to address bling infrastructure. gas tax with the promise that these these needs go elsewhere or sit fallow. This is not just a highway bill. By establish- taxes would only be used for transpor- That money is desperately needed, and ing funding levels that are fiscally sound it pro- tation improvements. When these taxes it exists in a Trust Fund. We do not vides the necessary resources to meet Ameri- are used to mask the size of the deficit need to find the money to pay for our ca's diverse infrastructure needs. BESTEA or to increase welfare spending or for- infrastructure. We simply have to stop maintains the enhancement and CMAQ provi- eign aid, the contract is broken and others from spending it for unintended sions set forth in ISTEA. It provides for an eq- American lives are put at risk. Using purposes. uitable distribution of funds among states, im- the gas tax for other social spending is Mr. Chairman, I must tell my col- proves safety on our highways, focuses on na- wrong and dishonest. leagues, as a Representative from an tional priorities, streamlines program delivery, April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1891 and reinvents the DOT. The bill provides flexi- they could claim, and take credit for, a bal- OBERSTAR held firm to their principles, arguing bility for states and local areas, benefits urban anced budget. But we can't. That money is tirelessly that integrity be restored to the Trust and rural America and supports technology desperately needed, and it exists in the trust Fund. It is with admiration that I acknowledge development needed as we enter the 21st fund. We don't need to find the money to pay their achievement and without any hesitation century. for our infrastructure, we simply have to stop that I offer my support for the BESTEA bill. Mr. Chairman, it is important to point out others from spending it for unintended pur- This bipartisan effort and product represents that these varied and critical goals can only be poses. If that results in a budget that is not the very best our committee has to offer, and met because of a provision in the bill that calls balanced, I would suggest that my colleagues reinforces both the pleasure and pride with for phasing-in spending the 4.3 cents fuel tax who serve on the appropriate committee which I have served on it for the past sixteen recently returned to the Trust fund and taking should take a closer look and find offsets that years. the Trust fund, itself, off-budget, beginning in would make up for the money they planned to Mr. SHUSTER. Mr. Chairman, I yield 1999. When Congress established the High- divert from this user fee. 1 minute to the distinguished gen- way Trust Fund in 1956, it was a deliberate Mr. Chairman, I must tell you that, as a tleman from Washington (Mr. policy decision to impose a user fee funding Representative from an urban community, I METCALF). mechanism and a trust fund, rather than con- am greatly encouraged by the increase in Mr. METCALF. Mr. Chairman, I tinuing to support transportation infrastructure transit funding provided for in BESTEA. Rider- would like to take this opportunity to programs out of general revenues. The High- ship on commuter and light rail has grown congratulate the Chairman on an out- way Trust fund ensured that the money was steadily and significantly. New transit starts standing bill and ask if the Chairman collected from those benefitting from the im- are exploding. In fact, our committee received will enter into a colloquy? provements by taxing gasoline, diesel and over 150 requests for these type of projects Mr. SHUSTER. Mr. Chairman, if the special fuels as well as heavy trucks and tires. just this year, totaling over $25 billion. As gentleman will yield, I will be pleased By creating a trust fund, Congress was pre- such, in each of the last four years of the bill, to. sumably guaranteeing a promise to those con- $6.4 billion is spent on transit, nearly a fifty Mr. METCALF. Mr. Chairman, as the tributing to the fund that the money would be percent increase above current funding levels. Chairman has noted, the volume of dedicated to transportation infrastructure im- In the current political climate of decreased international trade passing through provements. This promise has blatantly been federal spending, committing such revenue Washington State’s ports has snarled ignored for far too long. The monies that are speaks to the recognition of the pivotal role traffic at dozens of at-grade rail-high- actually spent on our country's infrastructure mass transit must play if we are to best utilize way crossing in the Puget Sound re- are consistently, and substantially, less than our resources-transportation and otherwise. gion. As the Chairman knows, public what is collected. As a result, an enormous Perhaps the best illustration of the innumer- and private interests have come to- surplus has been allowed to accumulate in the able benefits investment in our nation's infra- gether to propose a series of grade- Trust Fund, much to the delight of our Nation's structureÐand more specifically, in transit, can crossing projects and port-access bookkeepers. This practice of locking up billion yield, is found in the Welfare-to-Work provision projects that we refer to as the ‘‘fast of dollars in treasury notes that should right- of the bill. This critically important program, corridor’’ program. fully be stimulating our economy has been lik- helps restore our citiesÐand return our peo- Does the Chairman agree that sec- ened to a shell game, and amounts to nothing pleÐto productive use, by providing them with tion 115 of the bill, the National Cor- more than fraud on the taxpayer. To call this the ability to physically get to where the jobs ridor Planning and Development Pro- money a dedicated tax and then disregard its are. People in my city of Philadelphia know all gram, was designed to help projects intended use is fraudulent. I can tell you as a too well that, as companies abandon our cities like the fast corridor? sixteen year veteran of the Transportation and for the suburbs, they take their jobs and op- Mr. SHUSTER. Mr. Chairman, re- Infrastructure Committee that our nation's in- portunities with them, leaving unemployed city claiming my time, I would certainly frastructure can no longer afford to pay the dwellers. In fact, two-thirds of all new jobs cre- agree with the gentleman. I have seen price for dishonest bookkeeping. ated are in the suburbs. Furthermore, re- the problem firsthand there. The Department of Transportation estimates search by the U.S. Department of Transpor- As the gentleman from Washington has ob- that simply maintaining current conditions on tation found that less than 6% of families re- served, I have first-hand knowledge of the our highway, bridge, and transit systems will ceiving benefits from the Temporary Assist- special mobility problems in the Puget Sound require annual investments of $57 billion, an ance for Needy Families program own cars. region. The Fast Corridor Program was devel- increase of 41%. These conditions are indis- This means that 94% must rely on transit sys- oped to address that problem. putably unacceptable and unsafe. In my home tems to get them to work. In the past, those Section 136 of the bill designates the ``Ever- state of Pennsylvania for example, more than of us who represent cities, have watched, with ett-Tacoma Fast Corridor'' as a ``high-priority 70% of our roads were rated fair to poor. Over great frustration, the impact on our community corridor.'' With this designation, the fast cor- 40% of our bridges were deemed deficient. as these companies leave for the suburbs. We ridor would be eligible for funding under sec- These statistics are not inconsequential. Inad- have focused a great deal of energy on con- tion 115, as you have already pointed out. equate roads and bridges are a factor in traffic vincing companies to stay in or come to our Section 115 was designed with projects like accidents that result annually in over 12,000 city. While this is important, it is not always the fast corridor in mind and I am certain that highway deaths nationwide. Metropolitan con- possible and, perhaps in our zealousness, we it would be an ideal candidate. gestion alone costs our nation more than $40 have not recognized the benefits of any other I commend the gentleman for his initiative million annually. alternatives. If a company can or will not stay on this matter and for the leadership he brings Transit needs are at least as critical. One- in the city, there is still an enormous economic to transportation issues in the region. third of rail maintenance yards, stations, and benefit to be had, should people be able to Mr. Chairman, I yield 11⁄2 minutes to bridges, and almost one-half of transit build- commute out to the suburbs. This is the impe- the gentleman from California (Mr. ings are still in poor or fair condition. Rolling tus behind the welfare-to-work program. And KIM), a distinguished member of the stock needs immediate replacement as the av- we have seen it work in cities like Chicago. committee. erage fleet age for all classes of bus and Suburban Job-Link, working with Chicago's Mr. KIM. Mr. Chairman, I thank the paratransit vehicles has exceeded the useful PACE bus company, began serving the needs gentleman for yielding to me. life of the vehicles. Additionally, 51% of rural of unemployed Chicago residents in 1971. The Mr. Chairman, I have heard critics buses are overage and more than 9,000 urban program has proven to yield economic re- saying today that we are stealing buses need immediate replacement. Accord- wards. For every 1,000 workers employed at money from other programs to rebuild ing to the DOT, to improve the condition of our suburban manufacturing jobs, $25 million in our highways and bridges. Now, come nation's infrastructure to optimal levels, would pay and benefits annually flow back into inner- on. Let us be honest with the American require annual investments of $80 billion. city neighborhoods. people. The money is already there. Clearly, our country has enormous needs. We Mr. Chairman, again, I would like to applaud The American people pay for it with cannot afford to look the other way while reve- the leadership of our committee for their truly the gas tax money. nues committed to address these needs go remarkable and Historic accomplishment. A In 1956, Congress made a simple con- elsewhere or sit fallow. Perhaps, if our nation's year ago, it seemed a nearly impossible task tract with the American people that roads and bridges weren't crumbling we could to meet the very real, diverse, and often com- gas taxes would be used for highways indulge our colleagues as they continued to peting needs of our nation's infrastructure. But and bridges. Seven years ago, Congress steal money dedicated to infrastructure so that Chairman SHUSTER and Ranking Member broke the promise and diverted gas tax H1892 CONGRESSIONAL RECORD — HOUSE April 1, 1998 money to foreign aid and other pro- district. That is what it is about. This Mr. CLEMENT. Mr. Chairman, my grams. is not the Rotary, my colleagues. colleagues, this is a great day for all of Southern Californians have paid Mr. SHUSTER. Mr. Speaker, I yield 2 us when it comes to transportation and dearly for that ever since. Southern minutes to the gentleman from New the future of transportation needs. We Californians spend more time stuck in York (Mr. BOEHLERT). know what they are doing in Europe, traffic than anyone else in the country. (Mr. BOEHLERT asked and was given we know what they are doing in Asia, And there is another argument. I am permission to revise and extend his re- we know what they are doing in other tired of hearing this bill is full of pork. marks.) countries around the world when it It is not about pork. It is about saving Mr. BOEHLERT. Mr. Chairman, I rise comes to infrastructure; and we are people’s lives. Every year 14,000 people today in strong support of BESTEA, falling further and further behind. are killed in roads that are too narrow, the Building Efficient Surface Trans- As one of the so-called donor States, too congested, or simply too dangerous portation and Equity Act. I do know that we have been under- for existing traffic. None of these peo- I would like to point out to all of my served, short-changed in the past. And ple have to die. colleagues and to the American people I am pleased to hear what the gen- In my district, there is a road known that BESTEA is green tea. The reason tleman from Pennsylvania (Mr. SHU- as ‘‘Blood Alley.’’ Eight lanes of free- I have attached the label of ‘‘green STER) said so well and so eloquently a way are crammed into a two-lane coun- tea’’ to the bill before us this afternoon while ago, that this outdated formula try road when it crosses the county is because the legislation provides goes back all the way to 1991 and now line. About 10 people die each year on more funding to improve the quality of it is time, because of the shifts in popu- this three-mile stretch of road because America’s environment than any ap- lation, that we need to realize that we the counties do not want each other’s proved by this body in the last decade. need to make some major adjustments traffic. This is an environmentally sensitive in the formula in order to be fair to all Our bill includes $13 million to widen and an environmentally friendly bill. States involved. This is a great day. I this Blood Alley and save lives. Fixing And that is good for the American peo- strongly support this transportation Blood Alley is our responsibility. It is ple, because they expect us to protect bill. It is truly in our best interest. not pork. Our bill saves lives and re- the air we breathe and the water we Mr. Chairman, at this time, I would stores our promise to the American drink and the food we eat. Nothing is like to have a colloquy with the Chair- people. This bill forces Washington to more important than that in terms of man on a matter. keep its promise and fix highways with our assignment. I would like to thank the Chairman the gas and tax money. Green tea contains over $40 billion for his willingness to extend the Coast I urge my colleagues to support this for the transit program, the Congestion Guard’s boating safety program in H.R. bill. Mitigation Air Quality program, com- 2400. Mr. Chairman, H.R. 2400 also ex- Mr. OBERSTAR. Mr. Chairman, I monly known as CMAQ; the Transpor- tends the transfer of the gasoline tax yield 2 minutes to the gentleman from tation Enhancement Program; the Rec- attributable to motorboats from the Ohio (Mr. TRAFICANT), the ranking reational Trails Program; and the Na- Highway Trust Fund to the Boating member on the Subcommittee on Pub- tional Scenic Byways Program. Safety Account. Does this mean that lic Buildings and Economic Develop- The gentleman from Pennsylvania the Boating Safety Account will have ment, a valiant, vigorous member of (Mr. SHUSTER), the Chairman, and the the same budgetary treatment as the our committee and advocate for Buy gentleman from Minnesota (Mr. OBER- Highway Trust Fund in section 701 America. STAR), the ranking member, are to be since this is a disbursement from the Mr. TRAFICANT. Mr. Speaker, $217 applauded for their obvious concerns Highway Trust Fund? billion is being invested in America, about America’s transportation policy Mr. SHUSTER. Mr. Chairman, if the not overseas. To put some perspective and how they have incorporated a sen- gentleman would yield, the gentleman on it, our trade deficits with China in sitivity to the environment in this from Tennessee is correct. Since the the next 6 years will exceed $300 bil- measure. Boating Safety Account receives its lion. In fact, the environmental commu- money from the Trust Fund, it would Now let us call it like it is. Every- nity strongly endorses BESTEA. Let have the same budgetary treatment as body is talking about pork. I was called me repeat this point. The environ- the Highway Trust Fund under section the king of pork on ISTEA because I mental community strongly endorses 101. got five bridges funded. One of those BESTEA because they, too, know it is Mr. CLEMENT. Mr. Chairman, let us bridges collapsed last week. One of my green tea. The Environmental Defense all get behind this most important constituents almost got killed. Thank Fund, the League of American transportation bill for the 21st century. God, no one got killed in my district. Bicyclists, the National Trust of His- We need it, and we need it now. They do not call that bridge pork toric Preservation, the National Parks Mr. SHUSTER. Mr. Chairman, I yield today. and Conservation Association, the Nat- 1 minute to the gentleman from Penn- Now let us put the hay where the ural Resources Defense Council, the sylvania (Mr. FOX). goats can reach it. To all of these polit- Rails to Trails Program, Scenic Amer- Mr. FOX of Pennsylvania. Mr. Chair- ical purists in the Congress, here is ica and the Sierra Club all strongly man, I rise in strong support of H.R. how they would have it: We would fight support BESTEA because they, too, 2400, this outstanding bipartisan meas- to get the money for the States. The know it is green tea. ure to reauthorize our Federal surface local politicians would have press con- Green tea provides nearly $4 billion transportation programs. A great deal ferences and announce the projects. for the transportation enhancement of credit goes to the leadership of our Then they would brag how they got the program. This program provides needed Chairman, the gentleman from Penn- money and that there was no Federal funding to communities to build bicy- sylvania (Mr. SHUSTER); the gentleman money in it. And then they will run cle and pedestrian facilities and ren- from Minnesota (Mr. OBERSTAR); and against us. Beam me up. I do not apolo- ovate historic transportation facilities. members of staff. gize. Green tea provides nearly $10 billion We have far too many roads, bridges, In 1986, I passed the amendment that for the Congestion and Mitigation Air and transit systems which have been increased the minimum allocation to Quality Program over a 6-year period. neglected and have fallen into dis- donor States. And last year in Ohio, 28 This is a good bill. It deserves sup- repair. They are leading to highway fa- major projects, I did not get one of port. It has earned the support of the talities, congestion, in addition to them; and we are the most deserving. environmental community. wasted time, energy and money. We I do not apologize for any damn Mr. OBERSTAR. Mr. Chairman, I must restore the trust of the American thing. They can call me anything they yield 2 minutes to the gentleman from people and spend the federal gas taxes want on this House floor, but if we do Tennessee (Mr. CLEMENT), the distin- they already pay to restore our Na- not take care of our district, no one is guished ranking member of the Sub- tion’s infrastructure. going to take care of our district. committee on Coast Guard and Mari- Take roads such as Route 309 in Stand up today, and you fight for your time Transportation. Pennsylvania, right in my district, April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1893 where the accident rate is double that Mr. MENENDEZ. Mr. Chairman, I Mr. QUINN. Mr. Chairman, this is of the State-wide average. We can stop thank the gentleman for yielding. truly a historic day for the United these deaths by making sure we pass Mr. Chairman, when the President States. H.R. 2400 is a magnificent work BESTEA. Save our roads, improve talks about building a bridge to the which addresses many transportation- mass transit, job creation and environ- 21st Century, this is the bill that lays related concerns of our country. mental preservation. That is what this the infrastructure that makes that For example, section 205 contains the bill is all about. bridge a reality. This bill saves and most comprehensive antidrinking and The Transportation needs of the creates well-paying American jobs by driving measures ever put into legisla- country are at stake, and we need to making sure we have the means to effi- tion. The bill also reauthorizes the Dis- take care of what is best for our con- ciently move the goods and products cretionary Bridge Program that gives stituents. I urge all my colleagues here we produce. our State the tools to repair and re- in this room and those listening to But transportation is not just about place crumbling bridges. please vote ‘‘yes’’ on BESTEA. This is moving goods and people from one It also, though, Mr. Chairman, talks the best investment in America, the place to another. It is about economic about safety. If I can particularly best investment in our communities, opportunity, new business, expanding make a point in my district, there was and the best investment for our people. commerce, a cleaner environment, an accident in 1992 where a car was try- Mr. OBERSTAR. Mr. Chairman, I safety for our children, and a higher ing to swerve around another truck. yield 2 minutes to the gentlewoman quality of life. Steel coils fell off, and people were from the District of Columbia (Ms. Better infrastructure means more killed. More recently, another truck NORTON), the voice of our Nation’s cap- time with our families. How many carrier swerved to avoid a disabled ve- ital in this body. hours do we waste sitting in traffic be- hicle on the same stretch of road. Just cause our roads are inadequate. Too b 1445 last month, six people lost their lives. many, Mr. Chairman. Too many. This H.R. 2400 provides us with the oppor- Ms. NORTON. Mr. Chairman, I thank is the bill that does something about the gentleman for his generosity in tunity to fix that stretch of road and that. other roads all across the country yielding. Mass transit and road improvements where safety is a concern. Can anybody Mr. Chairman, I have come to the may not be glamorous work, but it is in the Chamber tell the families of floor to take head-on this notion that important work. The success of almost these victims and others that these are transportation and infrastructure everything else we do depends on our unnecessary projects? Can anybody tell money in today’s America is pork. This transit and infrastructure. At a time the New York State Thruway Author- is displaced rhetoric from prior decades when most of our major trading com- ity that this is not a worthy project or before our infrastructure declined dan- petitors are making large investments a pork project? gerously. in new infrastructure, we cannot afford Mr. Chairman, this is a good bill. It There are two ingredients that make to lag behind. the United States a world class power. The solution we need is a national deserves our attention, and it deserves One is human capital. The other is our one. Our commerce is no longer con- passage today. infrastructure. We cannot maintain fined or constrained to national, much Mr. OBERSTAR. Mr. Chairman, I our place in the world if we continue to less State boundaries, so our system is yield 2 minutes to the distinguished allow our infrastructure to rot. only as strong as its weakest link. gentleman from South Carolina (Mr. Go to India. Enormous investment in If one State has a great system, and CLYBURN). human capital, but not in infrastruc- the next State has an outdated one, Mr. CLYBURN. Mr. Chairman, I ture, and so they are exporting their both States suffer. In the next century, thank the gentleman for yielding me human capital, sending their people, we will lose crucial economic ground if this time. their technicians and their scientists, we allow these gaps to remain. Mr. Chairman, I rise today in strong around the world. A great power must Close to my home, traffic on the support of H.R. 2400. I want to begin by have balanced investment. bridges and roads that connect New thanking my Chairman, the gentleman I am still a tenured law professor at York and New Jersey is reaching the from Pennsylvania (Mr. SHUSTER), and Georgetown. Human capital advantage, breaking point. Ironically, the reason my ranking member, the gentleman I understand. That is why I support is a good one. Our ports are bringing in from Minnesota (Mr. OBERSTAR) for education so strongly. But neither businesses and jobs and trade. But if we their leadership and tenacity in bring- must we lose the huge advantage infra- do not improve and innovate these con- ing this bill to the floor today. structure gives us in world markets. nections, our growth will literally be The Building Efficient Surface Instead of maintaining that advan- held back by our inability to handle Transportation and Equity Act of 1998 tage, we have been disinvesting in our the flow of people and goods. is desperately needed and a long time infrastructure. There is no excuse for So we are using ferries to get people and coming. continuing to do so, because this bill is back and forth, 6 million people annu- Mr. Chairman, I suggest there is not fully paid for out of transportation ally. And by 2005, we will need ferry a single Member of this House who can- trust funds. Nor are the earmarked service for 8 million or more. By mak- not appreciate the tremendous needs of projects pork. Each and every one of ing that investment today, we are able this Nation’s infrastructure. I know mine came from my transportation de- to handle the growth of tomorrow. there are Members who will vote partment, prioritized for vital projects This is a cost reduction measure. It against this measure, and I fully appre- for the economy of my city. saves money. Ferries do not require the ciate the sincerity of their convictions. Yet, the Washington Post this morn- construction of costly infrastructure. But I believe they are being a wee bit ing, under a headline about, ‘‘Record They reduce single occupancy vehicle shortsighted. Pork’’ goes on to say the following: use. They are more energy-efficient. Transportation is the engine driving ‘‘Among these earmarked projects are This bill was put together with cre- this Nation’s economy. To the extent $24 million to replace the crumbling 61- ative solutions like this one in mind. transportation fails, our economy fails. year-old Missisquoi Bay Bridge in Yes, it is a bill of many individual We cannot ignore these needs any northwestern Vermont, which local of- projects, but it is a national plan. The longer. ficials described as an accident waiting projects in the bill make up that na- Mr. Chairman, this bill is important to happen.’’ If that is so, how could it tional plan, and we deserve to be sup- for other reasons as well. There are be pork? portive of it. areas of this country which have Mr. Speaker, this is not pork. This is I want to commend the chairman and unique needs, and this bill addresses steak. If we want to continue to be a the ranking member for their vision in those needs. There are areas for which, prime rib country, we better pass this putting this in before the House. for whatever reason, have historically bill quick. Mr. SHUSTER. Mr. Chairman, I am been shortchanged in the distribution Mr. OBERSTAR. Mr. Chairman, I pleased to yield 1 minute to the gen- of trust fund revenue. H.R. 2400 brings yield 2 minutes to the gentleman from tleman from New York (Mr. QUINN), an fairness to this process, and I strongly New Jersey (Mr. MENENDEZ). important member of our committee. support it. H1894 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Mr. Chairman, we have heard a lot of Mr. ARCHER. Mr. Chairman, I am ship of the committee of jurisdiction, rhetoric and histrionics about dem- pleased to yield myself such time as I but I am afraid to the leadership, budg- onstration projects. A great many may consume. et leadership on the other side of the headlines of today highlight this fren- Mr. Chairman, I bring to the atten- aisle, and that is that the bill is not zy. But I take a different view. I came tion of the House the provisions of title paid for. to Washington to represent the people XI, the revenue title H.R. 2400. I would be a much happier and more of South Carolina’s Sixth District. I The revenue title provides the nec- enthusiastic supporter if I knew that was eager to request funding for essary financing for our Nation’s sur- other items were off the table. I am led projects my district needs. But I resent face transportation needs by extending to understand that the 24 or $25 billion the implication from anyone who for 6 years current law excise taxes on shortfall in this bill is not going to be thinks otherwise. My requests rep- gasoline, diesel, and other transpor- taken out of veterans programs. Well, resent the views of the local officials of tation taxes which flow into the High- great for old veterans like me. the towns and communities I rep- way Trust Fund. resent. By continuing the dedication of these b Finally, Mr. Chairman, I want to ad- monies to the Highway Trust Fund, we 1500 dress the provision of this bill which fulfill the expectations of the Amer- But I would like some assurance that provides for opportunity for owners of ican people as the highway user that will not leave children at risk, and small businesses to participate in the charges they pay are reinvested in our that will not mean that the $24 or 5 bil- American dream. The DBE program is country’s infrastructure. lion is going to come out of education, not a set-aside program, nor is it a Furthermore, I am pleased to inform or that is not going to come out of pro- quota. It sets reasonable goals for full my colleague that the Ways and Means grams to improve public safety or participation in a highly competitive revenue title would transfer 6.8 cents housing for the homeless. There are process, and I believe this bill, with all per gallon tax on motorboat gasoline many programs in this country that it contains, deserves passage. from the general fund to the Aquatic will be competing for that $24 billion, Mr. SHUSTER. Mr. Chairman, I am Resources Trust Fund. This is very, and I would be much more comfortable pleased to yield 1 minute to the gen- very important to those who use boats and feel that we were doing the more tleman from South Dakota (Mr. and the fishermen, because the money responsible job if the leadership of this THUNE), a very important member of spent out of that fund enhances boater House had told us just exactly how our committee. safety and protects the environment they intend to come up with that Mr. THUNE. Mr. Chairman, I appre- for millions of Americans who fish in ciate the opportunity to speak today in shortfall. the great outdoors. I do not like legislating in the blind, support of H.R. 2400, the Building Effi- In addition, title XI would repeal the cient Surface Transportation Equity and it is very nice to tell my constitu- 4.3 cents per gallon tax on railroad die- ents that I am bringing home all kinds Act. There has been a lot of talk about sel fuel, which now goes to the general the budget issues surrounding the high- of worthy projects to the San Fran- fund. I believe that the Nation’s rail- cisco Bay area and to the East Bay. I way bill, but there are some things roads have been unfairly penalized with that I think that people are forgetting am afraid that perhaps later this sum- a tax which has no relationship to rail- mer I am going to have to deliver the to mention. roads or to transportation. This will First of all, the fact that the Amer- bad news, which is how we are going to tend to level the playing field between ican people have already paid for this pay for this wonderful Easter present. the way that we tax various forms of bill. We paid for it this morning. We Mr. Chairman, I ask unanimous con- filled our cars; came to work. We will transportation. Finally, the Committee on Ways and sent to yield the balance of my time to pay for it this evening on the way Means revenue title would repeal after the gentleman from Minnesota (Mr. home when we stop at the gas station the year 2000 the excise tax on truck OBERSTAR). to top off the tank. The CHAIRMAN. Is there objection It makes no sense to impose a na- tires and tread rubber, which is gen- to the request of the gentleman from tional highway gas tax, collect the erally perceived as a nuisance by California? money from this tax, then use that truckers and the IRS. money to fund wasteful Washington I believe that this is a good package There was no objection. spending. That is exactly what has that addresses our Nation’s critical Mr. ARCHER. Mr. Chairman, I yield been happening here for years. transportation needs while providing such time as he may consume to the Finally, thanks to the work of the appropriate tax relief. I urge support gentleman from South Dakota (Mr. gentleman from Pennsylvania (Mr. for the Committee on Ways and Means THUNE) for a colloquy. revenue title. SHUSTER) and others, we are doing the Mr. THUNE. Mr. Chairman, I would Mr. Chairman, I reserve the balance right thing, and we are returning hon- like to thank the gentleman from of my time. esty to the budgeting process by using Texas (Mr. ARCHER), the distinguished Mr. STARK. Mr. Chairman, I yield the motor fuels tax for the purpose for chairman of the Committee on Ways myself such time as I may consume. which it was created, intended, and and Means, for yielding to me for a Mr. Chairman, I rise to praise the that is the Highway Trust Fund. question. I want to credit the chairman again work that the committee has done on I have worked closely with the chair- for the work that he has done in seeing H.R. 2400 and to thank the gentleman man for several months to amend H.R. that we spend more fuel taxes on roads, from Texas (Mr. ARCHER), chairman, 2400, and would like to thank him for bridges, and highways in keeping our for the work that the Committee on his willingness to work with me and promise to the American people. It re- Ways and Means did, be it ever such a our colleagues from other States who turns honesty to the budgeting process, small part of an otherwise Herculean are not served by Amtrak. Those and it forces Washington to keep its undertaking. States include Alaska, Hawaii, Maine, word on transportation funding. For The 6-year extension of the Highway Oklahoma and Wyoming. What I would that reason, I urge my colleagues to Trust Fund will provide much-needed like to have offered in amendment, the support H.R. 2400. infrastructure, maintenance, and ex- gentleman from Texas expressed, in Mr. SHUSTER. Mr. Chairman, I re- pansion for this country’s economic fu- conversations we have had, his con- serve the balance of my time. ture. It does an important job. It will Mr. OBERSTAR. Mr. Chairman, I re- create jobs, ease bottlenecks, and will cerns about doing so. serve the balance of my time. help the traffic flow in the Bay area of As my colleague knows, I attempted The CHAIRMAN. Under the rule, the California, which is of particular local to attach the same amendment to H.R. gentleman from Texas (Mr. ARCHER) interest to me, as the gentleman from 2477, the Amtrak Privatization and Re- and the gentleman from California (Mr. Texas (Mr. ARCHER) has explained. form Act, but ran into jurisdictional STARK) each will control 15 minutes. It is paid for in a variety of ways. But and revenue questions at that time. The Chair recognizes the gentleman I have one small reservation with the The provision would amend the Tax- from Texas (Mr. ARCHER). bill. That redounds not to the leader- payer Relief Act of 1997 relating to tax April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1895 refunds for the National Railroad Pas- best, most worthwhile use of the funds equity. In light of the fact the current senger Corporation, Amtrak. There- that are provided for transportation tax that applies to waterway uses has fore, a revenue estimate of the amend- needs. generated a surplus to the trust fund, ment was necessary prior to enact- Mr. Chairman, I thank the gentleman and since the legislation before us ment. At my request, the Joint Com- from Texas for his hard work and com- today will eliminate the deficit reduc- mittee on Taxation conducted a reve- mitment to work with me to address tion tax as it applies to the rail indus- nue estimate of the amendment and de- the concerns of my State of South Da- try, I join in the request that we work termined it would have no revenue im- kota and the other States that are not toward an equitable elimination of the pact. served by Amtrak. He, our colleagues deficit reduction tax as it applies to The 1997 tax provisions specifically in the House, the taxpayers of this Na- the barge industry. would provide Amtrak with access to tion should have every assurance that Mr. MCCRERY. Mr. Chairman, I $2.3 billion. Of that $2.3 billion, the law the funds provided to non-Amtrak thank the gentleman for his comments. also sets aside a portion of the fund for States will address important transpor- Mr. Chairman, I yield to the gen- non-Amtrak States. However, the al- tation needs in each of those States. tleman from Texas (Mr. ARCHER) chair- lowable uses are very limited. In fact, And I also add that I would like to man of the committee. the law would allow those funds to be thank the gentleman from Pennsyl- Mr. ARCHER. Mr. Chairman, I appre- used only for intercity passenger rail vania (Mr. SHUSTER), the chairman of ciate the important role that the barge service and for intercity bus services. the Committee on Transportation and industry plays in the economies both of While my State, the State of South Infrastructure, for his assistance. He Louisiana and Texas and other States Dakota, does not have intercity pas- expressed his support of this measure in this country, and I appreciate the senger rail service, the State has been in the past, and as a result, both he and comments from the chairman of the clear in stating that it would put avail- his staff on the Committee on Trans- Transportation Task Force, our col- able funds to use for intercity bus serv- portation and Infrastructure have been league from Georgia. Accordingly, I ice. In fact, the State already is put- extremely helpful in this effort to see will be pleased to work with my col- ting some of those funds to use. All the that these funds are put to the best leagues, subject to budgetary con- same, the State would like to have possible use. I would like to say as well straints of course, to ensure that we more flexibility in how it uses those that I thank the gentlewoman from maintain tax equity among the various funds. Wyoming (Mrs. CUBIN) for her support modes of transportation, and I thank For that reason I drafted an amend- and assistance, as well as support from my colleague for bringing this up and ment that would allow non-Amtrak the gentleman from Alaska (Mr. asserting this point. States to use the funds for other trans- YOUNG) and the gentleman from Hawaii Mr. Chairman, I ask unanimous con- portation priorities such as State- (Mr. ABERCROMBIE) and the gentle- sent to yield the balance of my time to owned rail operations, rural transit woman from Hawaii (Mrs. MINK). the gentleman from Pennsylvania (Mr. and transit services for the elderly and Mr. ARCHER. Mr. Chairman, I yield SHUSTER), chairman of the Committee disabled, rural air service, and high- such time as he may consume to the on Transportation and Infrastructure. way-rail grade crossing projects. These gentleman from Louisiana (Mr. The CHAIRMAN pro tempore (Mr. are common sense and necessary uses. MCCRERY), a respected member of the UPTON). Is there objection to the re- In fact, the Senate earlier saw the Committee on Ways and Means, for a quest of the gentleman from Texas? value of this amendment, and during colloquy. There was no objection. consideration of Senate Bill 1173 adopt- Mr. MCCRERY. Mr. Chairman, I Mr. OBERSTAR. Mr. Chairman, I ed a similar amendment. thank the gentleman for yielding this yield 2 minutes to the gentleman from I nonetheless appreciate the concerns time to me. Oregon (Mr. DEFAZIO), a very vigorous expressed by the gentleman from Texas Mr. Chairman, as I review the tax advocate for transportation and a dis- regarding authorizing jurisdiction of portion of the bill that we are voting tinguished member of our committee. the amendment. At the same time I un- on today, I note that we are consider- Mr. DEFAZIO. Mr. Chairman, I thank derstand the gentleman from Texas ing the elimination of the 4.3 cent per the gentleman from Minnesota for the would not object to this provision in gallon deficit reduction tax on railroad time. conference. Is my understanding cor- fuel. As you know, Mr. Chairman, this Mr. Chairman, I have heard a few rect? tax was imposed on the railroad indus- Members come to the floor and seen Mr. ARCHER. Mr. Chairman, will the try in a 1993 reconciliation act, and it some press accounts that there is too gentleman yield? was put as well on other modes of much in this bill. Now the question Mr. THUNE. I yield to the gentleman transportation, including the inland will be, too much? Is it that we are from Texas. barge industry. meeting and overfulfilling the trans- Mr. ARCHER. Mr. Chairman, let me As we head toward the conference on portation and infrastructure needs in say to the gentleman from South Da- this bill, Mr. Chairman, I would appre- the United States? No, not at all. In kota that it is not normal procedure ciate it if the gentleman would work fact, this bill will still leave us with a for us to announce a negotiating posi- with me and others to explore the ex- $30 billion per year deficit in transpor- tion on the floor of the House where tension of this repeal to the barge in- tation, $16 billion for highways and $14 there is a difference between a Senate dustry, to make sure that we maintain billion for transit, 254,000 miles of pave- provision and a House provision. Let a level playing field between competing ment in poor condition, one out of me simply say that we will try to work modes of transportation. It is my un- three highway bridges structurally de- this out equitably in the conference, derstanding that the tax on inland ficient or obsolete, one out of every that I have talked with the gentleman barge traffic generates a rather modest two transit yard stations and bridges from South Dakota a number of times contribution to the Treasury, and pay- for mass transit in poor condition. about this and I personally do not have ing for it is not going to be extremely In my own State we need an addi- any objection to his request, and I costly. tional $244 million a year to meet our think it is appropriate and we will do Mr. Chairman, I yield to the gen- needs for preservation and mainte- the best that we can in the conference. tleman from Georgia (Mr. COLLINS) for nance and $351 million for capital im- Mr. THUNE. Mr. Chairman, I thank a comment from another member of provements. It is not too much in the gentleman from Texas (Mr. AR- our committee and the former chair- terms of the needs of the country. CHER), and would say that for States man of the Transportation Task Force Now is it too much in terms of what that do not have rail passenger service, of the Committee on Ways and Means. we have to pay for transportation? No. each of these transportation needs are Mr. COLLINS. Mr. Chairman, I would In fact this bill will not spend all the appropriate and important alternatives like to offer comments in support of money which the American people are to rail passenger service. The amend- the gentleman from Louisiana. Last paying in taxes dedicated to transpor- ment in my view represents sound, year members of the Transportation tation. Every time an American drives common sense policy that simply al- Task Force studied the waterway tax to the pump they pay 18.4 cents a gal- lows non-Amtrak States to make the and trust fund structure with regard to lon gas tax, and this bill, as good as it H1896 CONGRESSIONAL RECORD — HOUSE April 1, 1998 is, as robust as it is, will only spend I want to thank the gentleman from committee on Surface Transportation, about 14 to 15 cents of that tax, and the Pennsylvania (Chairman SHUSTER) and the gentleman from California (TOM rest will go elsewhere in the Federal the gentleman from Minnesota, the PETRI) and the gentleman from West budget. It will go to deficit reduction, ranking member (Mr. OBERSTAR), for Virginia (NICK RAHALL), for their or it will go to pay for secret programs their tireless efforts on behalf of this strong leadership in bringing this legis- at the CIA, or over to the Pentagon or legislation. I think the passage of lation to the floor. somewhere else, maybe for tax cuts for BESTEA will benefit the entire Nation Without their firm bipartisan re- the wealthy. and ensure that the transportation solve, none of this would have been That is not why Americans pay a gas needs of America are met, and I am possible. As a former local official tax, and there should be no diversion of proud to have been a part of this his- deeply committed to economic develop- the gas tax money until every infra- toric process. ment projects, I truly appreciate the structure need of this country is met Mr. SHUSTER. Mr. Chairman, I yield significance of this transportation bill. and up to date. So it is not too much to 1 minute to the distinguished gen- America’s economy depends heavily ask that we fulfill the needs, and it is tleman from Montana, (Mr. HILL). on the interstate highway system. For not too much to ask that we spend Mr. HILL. Mr. Chairman, I thank the example, nearly $6 trillion worth of every penny of that dedicated regres- gentleman for yielding me this time. goods are transported over our Na- sive tax on the transportation needs of Mr. Chairman, I want to applaud the tion’s highways, yet we are allowing this country. chairman for his efforts with regard to our roads to deteriorate. Over the past Mr. OBERSTAR. Mr. Chairman, I this bill. I support the chairman’s ef- 25 years, road use has grown more than yield 2 minutes to the gentleman from forts to take the Highway Trust Fund 15 times the highway capacity. This has left many of our roads and Illinois (Mr. POSHARD), a distinguished off budget and share his commitment member of our committee. to infrastructure. Unfortunately, I can- bridges in need of serious repair. In Mr. POSHARD. Mr. Chairman, I not support this bill and that is be- fact, the Department of Transportation thank the gentleman from Minnesota cause it is not fair to Montana and has determined that 12,000 accidents for yielding this time to me. Western States. occur each year as a result of poor Mr. Speaker, I would like to ref- Mr. Chairman, Montanans pay the highway conditions. Thirty percent end erence some parts of this bill that per- highest gas taxes in the Nation, 27.5 up in fatalities. Furthermore, 59 percent of all roads haps other Members have not spoken cents per gallon. In fact, on a per cap- and 31 percent of all bridges in America about. In addition to the core programs ita basis, they pay the highest State are in need of repair, or are struc- of ISTEA, BESTEA offers two other gas taxes, and are fourth in the Nation turally deficient. We must begin in- in how much they pay in Federal gas important programs that I think are vesting now to improve the quality and taxes. We have 31,950 lane miles of extremely important. The high risk safety of our roads. BESTEA will allow roads in Montana. That is 1.5 percent road safety construction program will us to make these improvements, pro- of the Nation’s roads, and we are trying give States incentives to address their viding funding for highway projects to pay for it with three-tenths of 1 per- worst safety problems, and the high across America, such as the Mon-Fay- cent of the population. cost interstate rehabilitation program ette Expressway in my district, but we This bill is unfair to Montana be- will provide additional funds for major must begin now. We cannot delay com- cause it reduces the funding formula projects that are extremely important pletion of this bill, because many for Montana by about 26 percent while in cost in our interstate system. More- States have already begun their road increasing the formula for the funding over, BESTEA permits continued flexi- building projects. If we do not finish bility to allow for a productive rela- in most States by factors of 40 to 50 our job here, States could lose an en- tionship between all levels of govern- percent. In addition, it reduces the tire construction season. ment when it comes to transportation funding for places like Montana that I urge all Members to join me in sup- spending. have high portions of Federal lands by port of this bill to fix our Nation’s Another important provision in this changing that formula, and, even interstates, to improve highway safety, bill is language that would benefit worse, the congestion mitigation air to promote economic development in rural areas by guaranteeing relief for quality changes also hurt Montana. our communities, and, as all of you Illinois farmers from Department of I would urge the chairman to join have said, to build America. Transportation regulations concerning with the Senate in adopting the Senate Mr. SHUSTER. Mr. Chairman, I yield the local transport of agricultural ma- versions of the bill. Enough is enough. 11⁄2 minutes to the distinguished gen- terials, including pesticides, fertilizers Mr. SHUSTER. Mr. Chairman, I yield tlewoman from Florida, Mrs. FOWLER. and fuel. States have traditionally myself such time as I may consume. Mrs. FOWLER. Mr. Chairman, I rise been allowed to set their own excep- Mr. Chairman, I would like to re- today in strong support of H.R. 2400. tions to Federal regulations for these spond to my good friend from Montana This bill has been falsely accused of farming necessities when involved in and point out that Montana gets back many things, but perhaps the most farm-to-farm, field-to-farm and retail- $1.35 for every dollar it sends into the egregious falsehood is that this bill sig- to-farm activities. trust fund from this bill, and, indeed, nals an end to the Republican revolu- there are only four States out of the 50 tion. Nothing could be further from the b 1515 States which get a better return. I do truth. However, Federal standards proposed not begrudge that money to Montana. When Republicans took control of in 1996 would force farmers to comply I understand it is a rural State, has a Congress, we promised to change the with costly and burdensome docu- low population, but I think Montana way we do business. We made a Con- mentation rules meant for over-the- does extremely well, and I think every- tract with America and followed road trucks that regularly haul hazard- body should understand that. through on it. BESTEA fulfills another ous materials on a regular basis. Mr. OBERSTAR. Mr. Chairman, I contract by ending the practice of mis- The language in BESTEA allows yield 2 minutes to the distinguished using gas tax revenues. States to retain the ability to regulate gentleman from Pennsylvania, (Mr. For every gallon of gas we put in our these matters on a regular basis. This MASCARA), the gentleman from the tanks, we pay 18.3 cents to the Federal will save farmers and retailers hun- Mon Valley. Government. Frankly, that is a pretty dreds of thousands of dollars in compli- Mr. MASCARA. Mr. Chairman, I high rate of taxation. But we pay the ance costs and save valuable time for thank the ranking member from Min- tax because the revenues are supposed our farm community. I greatly appre- nesota for yielding me time. to be used so we do not have to sit in ciate the efforts of my colleagues, the Mr. Chairman, I would like to thank traffic, incur the wrath of crumbling gentleman from Illinois (Mr. EWING), the gentleman from Pennsylvania (BUD roads, damage our cars or lose a friend the gentleman from Michigan (Mr. SHUSTER), our committee chairman; to unsafe highways. BARCIA), and the gentleman from Indi- the gentleman from Minnesota (JIM The tax is a contract between Amer- ana (Mr. BUYER), who join me for fight- OBERSTAR), the ranking member, as ican motorists and the Federal Govern- ing for inclusion of this language. well as our leaders from the Sub- ment, but for many years now Congress April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1897 has simply failed to live up to our part world through our transportation in- Mr. BLUMENAUER. Mr. Chairman, I of the contract. frastructure, and this continues that thank the ranking member for yielding BESTEA fulfills our deal with the policy and guarantees our future. It me time. American taxpayer. It spends the gas provides us with the opportunity to Mr. Chairman, there has been much tax revenue on roads and takes the again demonstrate that we have an in- talk about America’s future and fiscal Highway Trust Fund off budget, ending vestment policy on a national scale. stability in the course of this debate. I the practice of spending the revenues We must take this opportunity now. rise to support H.R. 2400 because it on nonhighway-related needs. Mr. Chairman, I will vote for my con- gives the tools for America’s commu- This bill also restores faith to tax- stituents’ interests and vote for nities to control their own destinies. payers in States like Florida who have BESTEA. I encourage my colleagues to You have heard and will hear more been forced to fund the infrastructure do likewise. Remember, it is about from the gentleman from Pennsylvania priorities of other States, receiving jobs, jobs, jobs. (Chairman SHUSTER), and the gen- only 77 cents on every dollar citizens in Mr. SHUSTER. Mr. Chairman, I am tleman from Minnesota (Mr. OBER- Florida pay. Under BESTEA, States pleased to yield 2 minutes to the gen- STAR), and others about how this bill is will get at least 90 cents of every dollar tlewoman from Missouri (Mrs. EMER- good for the safety of the American allocated by formula, a tremendous im- SON). public, how it provides important re- provement. Mrs. EMERSON. Mr. Chairman, I sources to improve vital transit pro- I want to thank the gentleman from want to thank the gentleman for the grams. It is good for the environment, Pennsylvania (Chairman SHUSTER), terrific job he has done on this bill. It for rail passengers and freight. It is who has fought for these gains and lis- is not about pork, it is not about poli- good for bicyclists. It is good for the tened to the concerns of States like tics, but it is about saving lives. Since motoring public, because it promotes Florida. Today we have a chance to I come from a rural area that does not the free flow of a balanced transpor- vote for honest budgeting, funding eq- have a four-lane highway all the way tation system and, for those people uity, economic growth and safer high- across it, I am particularly pleased who do drive their cars, makes it safer ways. I encourage my colleagues to do that we will be able to make signifi- for them, more convenient, less con- the same. cant improvements in our infrastruc- gested. Mr. OBERSTAR. Mr. Chairman, I ture. But I want to focus, if I could, on yield 2 minutes to the distinguished I am also very pleased that the bill what difference this bill makes by gentleman from California (Mr. FIL- includes a significant increase in fund- making America’s citizens and their local governments full partners in our NER). ing for the Highway Bridge Program (Mr. FILNER asked and was given and does promote the innovative seis- transportation system, because permission to revise and extend his re- mic retrofit technologies such as car- BESTEA gives the tools for livable marks.) bon fiber composites for bridges lo- communities to stop sprawl and revi- Mr. FILNER. Mr. Chairman, I thank cated in regions like mine, which lie talize existing communities. Every year we spend billions of dol- the gentleman from Minnesota (Mr. along the New Madrid Fault, and which lars dealing with the symptoms of dys- OBERSTAR) and the gentleman from potentially faces catastrophic infra- functional communities. The Congress West Virginia (Mr. RAHALL) for their structure damage due to earthquakes. spends money on economic develop- leadership, and the gentleman from I am also pleased that this bill in- ment, on crime, on education that is Pennsylvania (Chairman SHUSTER) for cludes a provision that expresses the largely attempting to deal with what his courage and steadfastness through- sense of Congress that offsets to the has happened after communities go out this struggle, which has been an in- spending in the bill should not be de- over the brink. spiration to all of us on both sides of rived through any change in Veterans What is critical about BESTEA and the aisle. Administration programs or benefits. the resources that are directed is that We thank the gentleman and his Just as this bill reaffirms our commit- it gives communities unprecedented staff, and the staff of the gentleman ment to the American public to use abilities to manage those resources in from Minnesota (Mr. OBERSTAR). They their gas tax dollars to ensure safe conjunction with State and local com- have had to deal with a lot of issues, highways, roads and bridges, we also munities to strengthen them before and they worked hard for a long period must reaffirm our commitment to our they deteriorate. of time. We thank them profusely. Nation’s veterans. I posit, Mr. Chairman, that any care- Mr. Chairman, I rise on behalf of the Now, while I believe this bill is a tre- ful analysis of the economic benefit people of California’s 50th Congres- mendous step forward, I do want to say that we will derive as a Nation revital- sional District in strong support of I am extremely dismayed that the eth- izing these central cities, preventing BESTEA, because BESTEA is best for anol tax incentive is not extended in the deterioration of the first ring of jobs. My constituents have many inter- the bill, Mr. Chairman. This incentive suburbs and so on throughout the met- ests, but their most important ones is a vital boost to farm income, de- ropolitan areas, conservatively it is can be summarized in three words: creases our dependence on foreign oil, going to return far more money than Jobs, jobs, jobs. Jobs, so they can sup- provides consumers with a cleaner any modest increase. port themselves and their families; burning fuel and creates good jobs. jobs, so they can raise and educate Ethanol is a proven industry that b 1530 their kids; jobs, so they can contribute benefits our local farmers in southeast When we couple that with the eco- to our community; jobs, so they can Missouri and others around the coun- nomic benefits from cleaner air, less enjoy their recreation; and jobs, so try. It provides clear advantages to the congestion, and a wide range of impor- they can provide for their retirement. broader American public, and the tax tant economic infrastructure invest- This legislation addresses these con- incentives should be extended. I strong- ments for the next century, I think any cerns in an equitable manner, renews ly urge that during the conference ne- short-term increase in funding is going important transportation programs gotiations on H.R. 2400, the House to be dwarfed. BESTEA is good for the and creates these much-needed jobs. adopt the Senate language which au- fiscal health of America. It is good for Contrary to all the hype and thorizes the ethanol tax incentive the health of American communities. hysteria, this bill is not a budget bust- through the year 2007. I, too, add my thanks to the biparti- er. It restores the truth in the budget- With that said, I fully support this san leadership of this committee that ing process by accessing the Nation’s legislation, and commend the chair- has given this Congress the most im- Transportation Trust Funds. man for the terrific job he has done. portant environmental legislation we As everyone has said before me, this Mr. OBERSTAR. Mr. Chairman, I am are going to see for the remainder of bill will restore the trust the American pleased to yield 3 minutes to the gen- this century and on into the next mil- people place in their trust funds. This tleman from Oregon (Mr. lennium. is an investment in our infrastructure. BLUMENAUER), the distinguished voice Mr. SHUSTER. Mr. Chairman, I am It is desperately needed. We have cre- of the great outdoors and of livable cit- pleased to yield 3 minutes to the dis- ated the strongest economy in the ies. tinguished gentleman from Virginia H1898 CONGRESSIONAL RECORD — HOUSE April 1, 1998

(Mr. DAVIS), a valued member of our shape or form to our proportion of hate to give up. There are elements of committee. highway use, population, vehicle miles this bill that will address that area. (Mr. DAVIS of Virginia asked and or anything else. Yet we have the Not only is it a big State, it is one of was given permission to revise and ex- greatest need for transportation dol- the fastest-growing States. We have so tend his remarks.) lars. We have historically been short- many people on the highways every Mr. DAVIS of Virginia. Mr. Chair- changed by the State. day and on our streets and roads get- man, I would like to point out some of This legislation contains over $10 ting to work. It is this bill that ad- the provisions in section 140 of the bill million for the completion of the Fair- dresses those issues and helps to solve entitled ‘‘Quality through competi- fax County Parkway through Reston, our problem. It is our responsibility as tion.’’ $25 million for road widening of Route legislators to make sure that our As I understand the provisions, it re- 123, $10 million for the Virginia Rail- transportation system is as safe and flects the following important points: way Express, a transit alternative accessible as possible. First, it is going to provide for sub- down the 95 corridor. Mr. SHUSTER. Mr. Chairman, I am stantial savings to States by providing These projects are not my projects, pleased to yield 3 minutes to the dis- for a single, consistent rule for the ad- they are not political projects, they tinguished gentleman from Texas (Mr. ministration and accounting of costs were requested and coordinated with DELAY), the Majority Whip. for engineering and design contracts the local governments in that region, Mr. DELAY. Mr. Chairman, I am very that are funded with Federal-aid high- who knew that if they had to wait for pleased to finally get this bill to the way funds. Richmond to deliver, they may be floor. I rise in support of this bill. If Second, it acknowledges and permits waiting a decade. We are putting them the Nation’s infrastructure is its cir- the use of the expedited process in the out on top. culatory system, then BESTEA keeps existing FAR, which is applicable to I applaud the Chairman and the our Nation very healthy. qualifications-based selection proce- Ranking Member, the gentleman from I commend the Chairman and the dures for architect, engineering, and Minnesota (Mr. JIM OBERSTAR), for ad- Ranking Member for their yeoman ef- related services of smaller projects dressing these needs for our region, forts in putting this bill together; and, which fall below the threshold of which has had traffic jams and is prob- in particular, I would like to thank the $100,000. ably the traffic jam capital of the Chairman for addressing the concerns Third, by using the term ‘‘simplified country. This legislation will go a long of our Nation’s donor States, whose acquisition procedures,’’ it does not way to alleviate that. taxpayers for years have been short- change or authorize the avoidance of I strongly support this measure and changed when it comes to meeting the contract administration and audit ask my colleagues to support it. their transportation needs. requirements specified in the section. Mr. OBERSTAR. Mr. Chairman, I For nearly 2 years, I have lamented Fourth, this section provides no au- yield 2 minutes to the distinguished the lack of fairness and logic when it thority for a contracting authority to gentlewoman from Texas (Ms. EDDIE comes to how transportation dollars waive the requirements of the contract BERNICE JOHNSON). are allocated. Based on such outdated administration or single audit provi- Ms. EDDIE BERNICE JOHNSON of factors as the 1980 census, States like sions provided in this section. Texas. Mr. Chairman, I am delighted to Texas have been receiving an average Mr. Chairman, I would ask the gen- stand in favor of BESTEA today. I owe return of 76 cents on the dollar. As a tleman from Pennsylvania, is my un- a lot of gratitude to our leaders on this result, only one out of every three derstanding correct? committee, the gentleman from Penn- projects of critical need has been able Mr. SHUSTER. Mr. Chairman, will sylvania (Mr. SHUSTER) and the gen- to be met in my own State of Texas. So the gentleman yield? tleman from Minnesota (Mr. OBER- I introduced the bill called Step 21 to Mr. DAVIS of Virginia. I yield to the STAR), and the rest. streamline the transportation program gentleman from Pennsylvania. This bill provides resources to meet and bring equity to funding formulas. Mr. SHUSTER. Mr. Chairman, the America’s infrastructure needs, not While I did not get as much as I gentleman is absolutely correct in his frivolous, but needs that have been ex- wanted in this bill in the way of observation of the effects of section 140 pressed by persons throughout this Na- streamlining, I am very pleased to note of the bill. tion, and not just by Members here, that BESTEA incorporates many of Mr. DAVIS of Virginia. Just to con- but all the people that we represent. our formula recommendations. The tinue, Mr. Chairman, in support of this This bill provides an unprecedented most important element is that bill, the Trust Fund dollars are like commitment to improve safety on BESTEA guarantees States the 95 per- user fees people pay at the gas pumps America’s highways and to help reduce cent minimal allocation on all formula to come back and improve our Nation’s the 40,000 annual deaths from motor ve- programs and highway projects, which transportation system. This bill, in- hicles. It improves the safety for com- works out to about a 90 percent mini- stead of spending Highway Trust Fund mercial motor vehicles. The Motor mum return. dollars collected at the gas pumps on Carrier Safety Assistance Program has I am also extremely pleased with the defense or health care, deficit reduc- been refined to focus on performance- creation of a national corridor program tion, or some other worthy endeavor, based goals, and funding for this pro- in this bill. This means we are finally simply spends the Trust Fund user fees gram has been significantly increased. on the road to completing I–69, a multi- for their intended use. That is important. It strengthens and State trade corridor of national and In local government, when I was in emphasizes our Federal commitment international significance, extending Fairfax County, if we had raided a to the national systems of transpor- from Michigan’s border with Canada all trust fund and used it to spend the dol- tation that facilitate interstate travel. the way through Texas, where it con- lars for water or sewer or another use, Being from Texas, a border State, it nects to the Mexican highway system. we would have gone to jail; but at the creates a new border infrastructure I–69 corridor States are vital to inter- Federal level it is perfectly legal to do program to ensure that needs from national trade, as they carry 52 percent that. But this starts to straighten that NAFTA-related trade and safety issues of the U.S. truck-borne trade with and bring some fiscal accountability to are addressed. These are very impor- Mexico and 33 percent of U.S. truck- the Trust Fund dollars for our tax- tant components for the State of Texas borne trade with Canada. payers. and for our Nation. Another issue I am deeply involved in Secondly, there have been some com- It significantly increases funding for is in the Disadvantaged Business En- ments about demonstration projects or the Congestion Mitigation and Air terprise Program, which has been at earmarking. In my region, Northern Quality Program, while making some the center of a lawsuit affecting the Virginia, over the last 25 years we have minor adjustments to the program’s transit agency in my district, Houston been consistently shortchanged from eligibility. All of these areas help the Metro. Metro was prohibited from im- the State government. Money that entire Nation, but especially does it plementing its DBE program by Fed- goes through Richmond does not come help Texas, a very large State with lots eral court order, and for some 18 back to Northern Virginia in any way, of people with lots of cars that they months FTA cut off Federal funds that April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1899 it had pledged to Metro as part of a full This bill is about tax fairness. To my and builds those bridges and provides funding grant agreement. Metro was Democratic colleagues, I say, they are the infrastructure that will allow our caught between two branches of the concerned about tax cuts which benefit Nation to move into the 21st century. Federal Government. I am very pleased the wealthy members of our society. I come from the most populous State that this committee has recognized This bill is a tax return to our Nation’s in the Nation, the great State of Cali- this problem and taken care of it. working families. Those who use our fornia, with 32 million people, 25 mil- In conclusion, I just urge the com- transportation system pay for our lion registered vehicles, and moves 30 mittee to maintain these provisions in transportation system, but it is not percent of our Nation’s freight traffic conference. I know it is tough being in fair to withhold those taxes to mask on our highways. Clearly, we have the conference with the Senate, but, in spending in other areas. most traveled roads and bridges of any particular, it is vital that the con- The Congress has not followed State represented in this House and ference report include a guaranteed through on its promise to use those contribute more in gas taxes to the rate of return that is no less than those taxes exclusively for transportation. Highway Trust Fund. included in this House bill. Donor Instead, the money in the Trust Fund As one of the cochairs of the Califor- States will not stand for another 6 has been allowed to grow while our nia ISTEA Task Force, I, along its years of funding inequity. citizens’ repair bills rise. That is inex- founder, my friend, the gentleman from AY KIM), held a num- I once again congratulate the Chair- cusable. This bill will reverse that California (Mr. J ber of hearings throughout our great man and the Ranking Member, and practice. State. In those hearings our State and say, just quickly, a job well done. Mr. SHUSTER. Mr. Chairman, I am local elected officials, municipal plan- Mr. OBERSTAR. Mr. Chairman, I pleased to yield 11⁄2 minutes to the dis- ning organizations and citizens at large yield myself 10 seconds. tinguished gentleman from Florida told us one thing: Pass BESTEA. It is I would say to the distinguished Ma- (Mr. WELDON). a good bill for California, and we all jority Whip that I can assure him that Mr. WELDON of Florida. Mr. Chair- know that what is good for California we will stand, on a bipartisan basis, in man, I thank the Chairman for yielding is good for the Nation. support of the principles that we have time to me, and I commend him and Transportation provides substantial crafted so vigorously and, as the gen- the Ranking Member on this legisla- economic benefit to our country. Ac- tleman pointed out, so astutely in this tion and, in particular, for including cording to the study by the Depart- legislation. We appreciate his support. funds for the widening of U.S. Highway ment of Transportation, 42,000 jobs are Mr. Chairman, I yield 2 minutes to 192. created for every $1 billion we invest in the distinguished gentleman from Mr. Chairman, U.S. Highway 192 is a highways, transit, and bridges. Michigan (Mr. BARCIA). dangerous two-lane road that connects b Mr. BARCIA. Mr. Chairman, I thank the south Orlando-Kissimmee-St. Cloud 1545 the gentleman for yielding me the area with the coastal communities of How can we expect to compete in to- time. Palm Bay and Melbourne, communities day’s global economy without a world It is a pleasure to offer a few remarks of about 250,000 combined. class highway and transit system? in support of this tremendous transpor- I became interested in the widening I would like to congratulate both my tation bill, and I want to compliment of this road when a physician colleague chairman and my ranking member on all of our distinguished members in the of mine lost his wife on this road when doing a yeoman’s job on bringing this Chamber who worked on drafting what a truck crossed the midline and she bipartisan bill to the floor. I will urge I believe is to be a very equitable and was killed. Ever since then, my wife colleagues on both sides of the aisle to reasonable bill regarding transpor- will not allow me to drive on this road dismiss the empty rhetoric about dem- tation spending at the Federal level for with her at any time. onstration projects and focus on our the next 6 years. Just last week, a truck crossed the Nation’s infrastructure needs to com- Mr. Chairman, I rise today in support midline. The driver was killed, closing pete in this global economy. Let us of H.R. 2400 and urge my colleagues to the road, a major highway connecting move America. make a strong showing in support of two major areas in Florida, closing the Mr. SHUSTER. Mr. Chairman, I yield 1 this landmark legislation. This bill road for a week because of herbicide 1 ⁄2 minutes to the distinguished gen- means a lot to the citizens of my Fifth that was spilled all over the road. tleman from Michigan (Mr. EHLERS). (Mr. EHLERS asked and was given District of Michigan, to our State, and Widening U.S. 192 is not pork. Widen- permission to revise and extend his re- to the Nation as a whole. ing U.S. 192 will save lives. Closing a I want to thank the gentleman from marks.) road for a week because of a midline Mr. EHLERS. Mr. Chairman, I thank Pennsylvania (Chairman SHUSTER) and crossing accident involving a truck the gentleman from Pennsylvania the gentleman from Wisconsin (Mr. hurts our economies. It will save lives. (Chairman SHUSTER) for yielding me PETRI) and the ranking minority mem- It will be good for our communities. It this time. bers, the gentleman from Minnesota will be good for the economy. Mr. Chairman, I wish to speak about (Mr. OBERSTAR) and the gentleman I challenge those who would call this honesty and integrity, and this bill is a from West Virginia (Mr. RAHALL), for pork to come to my district and talk to bill of integrity. I have been concerned, their leadership on this critical issue. the people who have to travel on this unhappy, and upset for almost 30 years Mr. Chairman, I want to focus on two road, a road that should have been wid- now, since transportation funding was aspects of the legislation which have ened 10 years ago. placed on budget, surpluses were al- drawn unwarranted criticism. First, Again, I thank both the Chairman lowed to accumulate, and the money the budgetary effects of the bill have and the Ranking Member. was used to shield the size of the na- been completely misrepresented. Mr. OBERSTAR. Mr. Chairman, I am tional deficit from the American tax- Some claim to be outraged at the pleased to yield 2 minutes to the dis- payers. That is wrong, and I am pleased levels of spending in this bill. I would tinguished gentlewoman from Los An- that this bill ends that practice. suggest, Mr. Chairman, that the Amer- geles, California (Ms. MILLENDER- Mr. Chairman, the money that the ican people should be outraged that MCDONALD), the voice of Southern Cali- public pays for gas taxes, under this this bill represents an increase at all. fornia. bill will be used for the purpose for Our government has for far too long ig- Ms. MILLENDER-MCDONALD. Mr. which it was intended, and that is nored the future health of our economy Chairman, I thank the gentleman for transportation funding. No longer will by disinvesting in our infrastructure. yielding me the time. it be used to disguise the size of the The safe and efficient movement of Mr. Chairman, over the last 2 years I deficit. goods and people makes this country have heard a lot of talk about building Some people have called this bill a great and our economy strong. But bridges to the 21st century. Let us talk budget buster. If it were a budget bust- over the past 2 decades, we have fallen about building roads and bridges for er, then we should reduce the tax. far behind our global competitors in America’s future, real roads and real But, Mr. Chairman, there is a good our commitment to our transportation bridges that are traveled on by real reason it is not a budget buster. Sec- system. Americans. BESTEA builds those roads tion 1001 makes it very clear that if the H1900 CONGRESSIONAL RECORD — HOUSE April 1, 1998 expenditures in this bill exceed the maintenance and nothing is being im- ents have been used and paid into the budget guidelines, spending will have proved to speed commerce and the flow trust fund for the highways and we to be cut back or offsets will have to be of traffic. have used it to mask the size of the found, and we will take care of that Mr. Chairman, this is the kind of bill deficit. With BESTEA we can say no through the budget process. that we all want to be supporting. This more. No more. One other important issue of equity. is a bill that grows America. This is a Mr. Chairman, our constituents pay I come from a donor State. That is a bill that leads to a lot of other things the gas tax with the expectation that polite way of saying that Michigan has that we want our country to be. the money they pay will be spent to contributed more to road funding in Mr. SHUSTER. Mr. Chairman, I yield improve and enhance the roads on this country than it has received back. 1 minute to the distinguished gen- which they drive. BESTEA meets their In fact, under ISTEA, 76 cents of every tleman from Indiana (Mr. PEASE). expectation. For the first time in 29 dollar we sent to Washington came Mr. PEASE. Mr. Chairman, I rise in years, the Highway Trust Fund will be back to Michigan. Under this bill we support of H.R. 2400, the Building Effi- moved off budget. This important pro- will be treated much better. This bill cient Surface Transportation and Eq- vision ensures these funds are used for achieves equity in funding, equity in uity Act. America’s roads, bridges and their original purpose, to repair and re- taxation, and is an honest bill that related infrastructure are in critical build our Nation’s roads and highways. serves the people well. need of repair. Heightened congestion Our transportation system is in dire Mr. Chairman, I urge my colleagues and the deterioration of many of our need of improvement and new con- to vote for the bill. major highways, bridges and roads can struction to meet the needs of the trav- Mr. OBERSTAR. Mr. Chairman, I and must be repaired. eling public and business in the future. yield 2 minutes to the distinguished Many hours have been spent by many Today more than ever we must begin gentleman from West Virginia (Mr. people on this bill. I commend the ef- the modernization of our roads and WISE), the ranking member of our Sub- forts of the gentleman from Pennsyl- bridges if we are to be able to handle committee on Railroads and a strong vania (Chairman SHUSTER), the gen- our increasing traffic. advocate for transportation. tleman from Wisconsin (Mr. PETRI), the Today, some will argue that BESTEA Mr. WISE. Mr. Chairman, I want to gentleman from Minnesota (Mr. OBER- busts the budget. This argument is thank very much, and I think the STAR), the gentleman from West Vir- clearly a weak attempt to make politi- country owes a vote of thanks, to the ginia (Mr. RAHALL), the Indiana delega- cal points, and it is an argument that gentleman from Pennsylvania (Chair- tion, the Governor of Indiana, and oth- is easily dismantled. All the new spend- man SHUSTER) for his tireless efforts to ers both in the public and private sec- ing in BESTEA is more than paid for bring this bill to the floor, as well as to tors throughout my congressional dis- by gas taxes. In fact, over the next 6 the gentleman from Minnesota (Mr. trict, the Seventh of Indiana, for their years the Highway Trust Fund will col- OBERSTAR), the ranking member, for part in making this bill a reality. lect about $2 billion more in taxes than all he has done and for the bipartisan Through their hard work, H.R. 2400 is a it will pay under BESTEA. effort, Republicans and Democrats fairer bill for Indiana and other donor While I share the belief that the working together. This is going to be States. House should have completed its budg- the major economic growth package When Congress started the Highway et negotiations prior to consideration that passes this Congress this year. Trust Fund, a gas tax was instituted of the bill, I do not believe that local And, indeed, it is going to be one of the and a promise was made to Hoosiers communities should be punished for most significant growth packages to and all Americans that the dollars in this body’s inaction. Passing this bill pass the Congress in many a year. this trust fund would be used for trans- now so our States can continue to re- It does not do all that it could or portation improvements. I believe this ceive transportation funds is the right should, but it sure does a lot and be- promise must be kept. thing to do. gins to redress an imbalance that has I also believe it would be wrong for Mr. Chairman, I am especially been there for many years: the fact me to return to Indiana for the district pleased that BESTEA has improved that we are not investing significantly work period without doing everything upon our current illogical funding for- and not investing enough in our infra- in my power do ensure that this bill is mulas. Under the current formula, structure. fairly considered and adopted. Thou- Texas receives approximately 77 cents Mr. Chairman, some have called this, sands of jobs in Indiana and across for each dollar that we contribute to yes, a budget buster, and so I look at America are at stake. the Highway Trust Fund. Thanks to the $4 billion to $5 billion to maybe $6 Mr. Chairman, with this bill we take the efforts of the leadership on both billion over what was projected ini- a giant step toward that objective and sides of the aisle in this committee, tially per year that this could cost. I toward fairness in the distribution of BESTEA includes important language estimate that that is roughly .003 of taxpayer dollars. I urge my colleagues to guarantee that Texas and other the total Federal budget in a year, and to support this tremendously impor- donor States receive at least 90 cents. my guess is that we are going to be tant legislation. Finally, for those who would argue able to find that money some place Mr. OBERSTAR. Mr. Chairman, I that this bill is ‘‘pork,’’ I would say pretty quickly, particularly because yield 2 minutes to the distinguished that any bill that creates tens of thou- this bill brings about the economic gentleman from Texas (Mr. SANDLIN), a sands of new jobs and increases invest- growth that we need to make sure that very valuable member of our commit- ments in the economy is not pork in the economy keeps growing. tee. my book. Indeed, according to a 1993 There is an imbalance that needs to (Mr. SANDLIN asked and was given CRS report, for every dollar spent be corrected. Fifty-nine percent of the permission to revise and extend his re- building new highways, the economy is roads in this country need work of marks.) estimated to rise by about $2.43. For some significant amount. Thirty-one Mr. SANDLIN. Mr. Chairman, first every $1 billion of new highway con- percent nationally of all bridges, 47 let me say ‘‘thank you’’ to the gen- struction spending, employment is es- percent in my State, are in some way tleman from Minnesota (Mr. OBER- timated to rise by 24,300 workers. structurally deficient or functionally STAR), the ranking member, and to the Mr. Chairman, we have put off the obsolete. Think about that: One out of leadership on both sides of the aisle. needs of our Nation’s infrastructure three bridges that we cross is function- Mr. Chairman, I rise in strong sup- long enough. This is good for our con- ally obsolete or structurally deficient. port of H.R. 2400, the Building Efficient stituents and good for the economy. I This bill begins to address that. Surface Transportation and Equity urge my colleagues to join me in sup- Mr. Chairman, it begins to finally in- Act. This bill is the single most impor- porting this important legislation. vest in our infrastructure. I do not tant piece of legislation that this Con- Mr. SHUSTER. Mr. Chairman, I yield mind standing in line behind orange gress has considered this year. 1 minute to the gentleman from Michi- barrels in rush hour if the orange bar- For too long the infrastructure has gan (Mr. UPTON), my good friend. rel is about construction. I hate it taken a back seat in this country while Mr. UPTON. Mr. Chairman, a couple when they are just about ordinary the hard-earned dollars of our constitu- of weeks ago Lake Champlain was April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1901 added as a sixth Great Lake over in the So, Mr. Chairman, we thank you for chairman, the gentleman from Wiscon- Senate, and it was added primarily to allowing us the time here today. This sin (Mr. PETRI) and the ranking mem- take money away from the Sea Grant is critical legislation. Let us get on ber, the gentleman from West Virginia College Fund. There are many of us with it and get it passed to help Amer- (Mr. RAHALL), for great leadership on here that thought it was highway rob- ica. this bill. bery and are delighted that the gen- Mr. SHUSTER. Mr. Chairman, I yield For too many years when the people tleman from Pennsylvania (Mr. SHU- 1 minute to the gentleman from Ne- of northeast Wisconsin fueled their STER), the gentleman from Minnesota braska (Mr. BEREUTER), my good cars, they watched the numbers on the (Mr. OBERSTAR), the gentleman from friend. pumps turn and they watched their fair New York (Mr. SOLOMON), as well as (Mr. BEREUTER asked and was share of the gas taxes we all pay at the Mr. ABRAHAM and Mr. LEAHY in the given permission to revise and extend pump to travel to Washington only to Senate, agreed to language that re- his remarks.) be rerouted to another State. Our moved it from the Great Lakes status. Mr. BEREUTER. Mr. Chairman, I State saw only 87 cents in transpor- Mr. Chairman, I want to commend rise in strong support of H.R. 2400. I tation funding for every dollar paid at our two Michigan Members for their commend the distinguished gentleman the pump. Now, with the passage of work on this highway bill, the gen- from Pennsylvania (Chairman SHU- BESTEA, this approach, Wisconsin will tleman from Michigan (Mr. BARCIA) STER) and the distinguished gentleman know fairness and equity. and the gentleman from Michigan (Mr. from Minnesota (Mr. OBERSTAR), as This transportation bill guarantees EHLERS). For many years we have been well as the distinguished chairman Wisconsin at least 95 cents on the dol- a donor State, and as one that believes (Mr. PETRI) and the distinguished rank- lar, and we may even see much more in trust funds, we ought to use the ing member (Mr. RAHALL) of the Sub- than that. In total, Wisconsin hopes to money in the trust funds for the pur- committee on Surface Transportation, see a 60 percent increase in Federal poses that they were intended for, for their extraordinary work. transportation dollars. More impor- whether it is the Coast Guard or the Mr. Chairman, I think this legisla- tantly, the next time the people of Airport Trust Fund and certainly the tion lives up to its name. It will im- northeast Wisconsin are at the gas Highway Trust Fund. prove the lives of all Americans by pumps, they will know they are invest- I have said from the beginning that helping to create a more efficient and ing in Wisconsin’s future and the safe- the money that we pay needs to be safer highway system. I am pleased we ty of our highways. used as it was intended instead of fi- are restoring integrity to the trust I am pleased to see this priority on nancing other parts of the government. fund. safety. Safe roads save lives. Under Either spend the money on our roads or Finally, we are returning to the prin- this bill, northeast Wisconsin will see give it back to us in reducing our gas ciples that were established by Presi- $40 million to improve Highway 41, tax. This bill ensures that our gas tax dent Dwight D. Eisenhower for the bloody Highway 29 and Highway 10. It dollars go from the pump to the pave- Highway Trust Fund. When Americans is an investment that we can be proud ment. This is a good bill. of, and I join in the praise of the chair- Mr. OBERSTAR. Mr. Chairman, I pay their Federal gasoline tax at the man and the members of this commit- yield 2 minutes to the gentleman from gas pump, they have every right to ex- tee that have brought this to the floor New Jersey (Mr. PASCRELL), a vigorous pect that their money actually will be advocate for transportation and a valu- used for transportation and not di- today. Mr. SHUSTER. Mr. Chairman, I yield able member of our committee. verted to other purposes. Those funds Mr. PASCRELL. Mr. Chairman, there do not belong to OMB or the House 1 minute to the distinguished gentle- is one overriding fact in here that I Budget Committee. They belong to the woman from Texas (Ms. GRANGER). would like to stress, if I may, to the American people who pay those gaso- Ms. GRANGER. Mr. Chairman, I rise gentleman from Pennsylvania (Mr. line taxes to be used for transpor- today in strong support of H.R. 2400. By funding important transportation SHUSTER) and the gentleman from Min- tation, primarily highway construction projects, H.R. 2400 paves the way to nesota (Mr. OBERSTAR), the ranking and maintenance. member, who have done such a mar- Mr. Chairman, this bill ensures that economic growth. This bill is the right velous job. This bill, this legislation the taxes paid at the gas pump will go way to move our Nation forward by would spend $18 billion less than the toward constructing and improving our providing safer roads for our citizens. Federal Government will collect in Nation’s highways. Our infrastructure It puts trust back into the Highway highway user taxes, not including the is in desperate need of additional re- Trust Fund. It helps restore fairness interest, over the next 3 years. Over sources. The gentleman from West Vir- and equity to donor States like my the next 6-year life of the legislation ginia a few minutes ago told us of the own State of Texas, whose citizens pay we are about to vote on, it will spend situation with the country’s obsolete more in gasoline taxes to Washington $12 billion less than highway tax re- bridges, functionally and structurally than they get back. ceipts. deficient. This bill addresses these and It is forward-thinking legislation The facts are clear, Mr. Chairman, other crying needs in our infrastruc- that addresses our Nation’s evolving that there is within our domain the fa- ture. I urge my colleagues to support transportation and roadway safety cility to pay for what we are voting on this outstanding and, I would say, very needs as we advance in the 21st Cen- here today. New Jersey is a perfect ex- responsible legislation. tury. Mr. Chairman, transportation is more than just planes, trains and auto- ample of a State that will be helped. It b 1600 ranks fiftieth of all the States in the mobiles. It is also about people, Union in terms of return on our tax Mr. OBERSTAR. Mr. Chairman, I progress and public safety. Transpor- dollar, the very basis of Federalism yield 2 minutes to the distinguished tation is the only item that physically upon which the Constitution was writ- gentleman from Wisconsin (Mr. JOHN- links our Nation together, and the ten. SON), representative of Green Bay. American public has accepted Federal This legislation is going to help us Mr. JOHNSON of Wisconsin. Mr. user taxes to pay the cost of keeping correct the major deficiencies we have Chairman, I thank the gentleman for our Nation’s highways and bridges in 44 percent of our bridges. Who will yielding me the time. I rise today in sound. we turn to when another bridge is shut strong support of this bipartisan his- As a strong proponent of a balanced down in New Jersey? In just a short 6 toric investment, and I repeat the word budget, I believe it is dishonest to tax years, there have been 230,000 new jobs ‘‘investment,’’ in our Nation’s infra- the American public for the express in New Jersey as a result of the origi- structure and transportation. I also purpose of improving our Nation’s nal transportation legislation, which join many others today who salute not highways only to have the Federal my predecessor, Bob Roe, of good mem- only the chairman, the gentleman from Government redirect some of the taxes ory, was able to bring to this floor Pennsylvania (Mr. SHUSTER) and the in the Highway Trust Fund to pay for many, many times. We need a little gentleman from Minnesota (Mr. OBER- other spending. H.R. 2400 provides fair- history here once in a while to keep us STAR), ranking member, for their lead- ness by introducing much greater fund- on track. ership, but also the subcommittee ing equity to donor States and to the H1902 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Federal highway funding formula. Like As the only Houston-area member of the In 1995, when the Congress enacted under current law, my home State of House Transportation and Infrastructure Com- the ICC Termination Act, we in- Texas receives only 76 cents back for mittee, I am pleased to have played a role in structed the Secretary of Transpor- every dollar in Federal fuel taxes that moving the Building Efficient Surface Trans- tation to establish a single, on-line are sent to Washington. This bill will portation and Equity Act, or BESTEA, out of Federal system for the registration of give 90 cents back for every dollar Committee and to this Floor. I applaud Chair- all interstate motor carriers. The pur- funded. I support H.R. 2400. man SHUSTER, Ranking Member OBERSTAR, pose of the system was to enhance the Mr. OBERSTAR. Mr. Chairman, I Chairman PETRI and Congressman RAHALL for monitoring of safety and insurance yield 2 minutes to the distinguished the fine work the ``Big Four'' produced. compliance. gentleman from Texas (Mr. LAMPSON), BESTEA sets funding formulas to determine We required the DOT to promulgate a valuable member of this committee. percentages for states to receive federal high- final rules by January 1, 1998, but little Mr. LAMPSON. Mr. Chairman, as the way trust fund monies. Texas, for the past six has been done to accomplish that. The only Houston area member of the years, has received only 77 cents for every State program, it seems to me, need- House Committee on Transportation dollar we pay into the trust fund. Our needs lessly cost the industry about $90 mil- and Infrastructure, I am pleased to are too great to give our dollars to other lion a year and ought to be replaced by have played a role in moving the states. This new legislation will make a signifi- a single national system as this body BESTEA out of committee and to this cant increase in Texas' share at highway intended in 1995. floor. I applaud the gentleman from funds and bring us closer to equity. I ask the chairman or the ranking Pennsylvania (Mr. SHUSTER), the gen- The House Transportation and Infrastructure member, is there any optimism to re- tleman from Minnesota (Mr. OBER- Committee has taken steps to significantly im- solve this? STAR), the gentleman from Wisconsin prove donor states' rate-of-return by including Mr. Chairman, I would like to engage the bill (Mr. PETRI) and the gentleman from the $9.3 billion High Priority Projects category managers in a colloquy regarding implementa- West Virginia (Mr. RAHALL) for the fine within the Minimum Allocation program. While tion of a unified motor carrier registration sys- work that the big four produced. BESTEA currently includes a 90% rate-of-re- tem. BESTEA sets funding formulas to de- turn, I am of the hope that as the process con- Mr. Chairman, in 1995, when Congress en- termine percentages for States to re- tinues, donor states will see a 95% rate-of-re- acted the Interstate Commerce Commission ceive Federal Highway Trust Fund turn on 100% of the funds distributed to the Termination Act, we instructed the Secretary monies. Texas, for the past 6 years, has states. of Transportation to establish a single, on-line received only 77 cents for every dollar For over two decades Congress and the federal system for the registration of all inter- we pay into the trust fund. Our needs White House have used unobligated funds in state motor carriers. The purpose of the sys- are too great to give our dollars to the four transportation trust funds to make the tem was to enhance the monitoring of safety other States. This new legislation will federal deficit look smaller. It is a sham that and insurance compliance. We required DOT make a significant increase in Texas’ has kept billions of dollars locked up in Treas- to promulgate final rules by January, 1998. share of highway funds and bring us ury notes that should be in our economy, closer to equity. That date has come and gone with little For over two decades, Congress and matching local and state transportation dollars, progress. This is largely because, I am ad- the White House have used unobligated continuing the process of building this country. vised, the DOT is uncertain what to do with funds in the four transportation trust There are plenty of uses for any funds we can state-operated insurance registration programs funds to make the Federal deficit look secure. I also don't need to tell this House that duplicate the anticipated federal program. smaller. It is a sham that has kept bil- how important improving infrastructure is to This House had given DOT clear authority lions of dollars locked up in Treasury promoting economic growth. to replace the state programs, while providing notes that should be in our economy Over the last six years, this nation dedicated the states with free access to the safety and matching local and State transpor- $155 billion to restoring its transportation infra- insurance data contained in the federal sys- tation dollars continuing the process of structure. Compare that to the $2.1 trillion tem. Unfortunately, the House bill was amend- building this country. There are plenty spent by Germany and $3.2 trillion spent by ed in conference to require DOT to preserve of uses for any funds that we can se- Japan over a decade to develop their respec- the revenues from these fees if DOT replaces cure. tive transportation networks. Our national the state programs. This change greatly com- I also do not need to tell this House transportation economy in 1994 accounted for plicated the development of a simplified, uni- how important improving infrastruc- 10.8 percent of our Gross Domestic Product, form federal program. ture is to promoting economic growth. employing over 3.2 million Americans. But at The state programs needlessly cost the in- Over the last 6 years, this Nation has the same time, congestion on our highways dustry about $90 million annually. They should dedicated $155 billion to its transpor- has risen to such a level that traffic costs be replaced with a single, national system as tation infrastructure. Compare that to American businesses $40 billion each year. this body intended in 1995. the $2.1 trillion spent by Germany and Americans waste 1.6 million hours every day We need to rectify this problem which has the $3.2 trillion spent by Japan over a sitting in traffic. needlessly delayed implementation of the uni- decade to develop their respective We cannot allow our nation's transportation form, on-line federal system to cover all inter- transportation networks. infrastructure to erode any further. Our high- state motor carriers. (I would greatly prefer Our national transportation economy ways and railways must be shored up to keep that we resolve this issue in conference on in 1994 accounted for 10.8 percent of our transportation costs as low as possible for the this bill. If that proves not to be possible, we gross domestic product, employing sake of commerce. Our products compete on must see that we resolve it in some other bill over 3.2 million Americans, but at the a worldwide basis now, and products from before we adjourn this year.) same time congestion on our highways countries with strong and efficient infrastruc- Mr. SHUSTER. Mr. Chairman, will has risen to such a level that traffic ture will cost less on the market and allows the gentleman yield? costs American businesses $40 billion a producers to spend more on quality. That's the Mr. COBLE. I yield to the gentleman year. bottom line. For the sake of our economy, now from Pennsylvania. Americans waste 1.6 million hours is the proper time to act. If we allow the situa- Mr. SHUSTER. Mr. Chairman, I every day sitting in traffic. We cannot tion to get worse, we will have to make a would respond to the gentleman that I allow our Nation’s transportation in- choice down the road to expand or repair the agree with him. We do need corrective frastructure to erode any further. Our existing infrastructure. That's a choice I don't legislation. I want to assure him that highways and railways must be shored believe this nation can afford to make. we will continue to work with him to up to keep transportation costs as low Mr. SHUSTER. Mr. Chairman, I yield bring this about. as possible for the sake of commerce. 1 minute to the gentleman from North The gentleman raises a valid point. For the sake of our economy, now is Carolina (Mr. COBLE), a distinguished The House passed legislation in 1995 that the proper time to act. If we allow the member of our committee. was amended in conference. situation to get worse, we will have to Mr. COBLE. Mr. Chairman, I want to DOT is prevented from establishing a uni- make a choice down the road to expand engage in a colloquy regarding imple- versal and accessible register of motor car- or repair. I do not believe that is a mentation of the unified motor carrier riers for safety and insurance compliance. choice we can make. Let us pass H.R. registration system with the chairman We need corrective legislation, and we need 2400. and the ranking member. it this year if possible. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1903 We have been working with motor carriers tleman from Pennsylvania (Mr. SHU- manager’s amendment offered by the and with the States to resolve this. I want to STER) and the gentleman from Min- gentleman from Pennsylvania (Mr. assure the gentleman that we will continue to nesota (Mr. OBERSTAR) said, this is SHUSTER). work with the gentleman and the affected par- money for transportation from those Mr. Chairman, I rise today in support of H.R. ties to address this issue at the earliest pos- who use transportation and pay for it 2400 and the manager's amendment offered sible date. in gasoline taxes. It is a common-sense by my distinguished colleague, Mr. SHUSTER. Mr. OBERSTAR. Mr. Chairman, I approach to funding infrastructure. As Co-chairman of the Congressional Native yield 2 minutes to the gentleman from Much has been said about the high American Caucus, I want to speak briefly on Illinois (Mr. DAVIS). priority projects, and I just want to say the condition of roads in Indian country and on Mr. DAVIS of Illinois. Mr. Chairman, that these projects ensure safe travel two amendments that Mr. SHUSTER has in- I thank the gentleman for yielding me for millions of Americans and help cluded in the manager's amendment. the time. stimulate the economy. As the chair- There are more than 50,000 miles of roads Later today, I will offer an amend- man has said, sometimes money going that serve hundreds of Indian reservations ment to this bill which will expand the to States does not trickle down to all throughout the United States. Indian reserva- Access to Jobs Program. The Access to parts of the State. Poor and rural com- tion roads make up 2.63% of all existing roads Jobs Program assists welfare recipients munities are not always represented, eligible for ISTEA funding. However, tribes re- in making the transition from welfare and a high priority project from a ceive less than 1% of ISTEA funding for these to work. The amendment seeks to in- Member of Congress is the only way roads. crease the current authorization from some of these needy projects can be If Indian country were to receive its full pro- $42 million to $150 million. The addi- funded. rata share of the billions included in this bill, tional $108 million authorized for this I also want to say that I work very Indian reservations would receive $4.7 billion vital program does not take money closely with the local mayors, city over six years, or $793 million per year. Mr. from any other projects, nor does it councils and commissioners and citi- Chairman, when you compare this amount raid the Highway Trust Fund. It is a zens when it comes to determining nec- with the recommended funding level for Indian simple authorization subject to the ap- essary projects. It is a true partnership roads, $212 million per year in H.R. 2400 and propriations process. Therefore, I urge between all levels of government. This $250 million per year in S. 1173, the rec- all of my colleagues to support the is not pork, Mr. Chairman, it is bring- ommended amount hardly seems adequate. amendment which I will offer later ing the transportation infrastructure The condition of roads in Indian country en- today and to support this bill. of this country up to a world class dangers the health and safety of those living I also take the opportunity to com- level. Safety for all Americans and on Indian reservations and inhibits economic mend and congratulate the gentleman good for our economy. development. In inclement weather, over 30,000 miles of roads serving Indian reserva- from Pennsylvania (Mr. SHUSTER) and Mr. OBERSTAR. Mr. Chairman, I re- the gentleman from Minnesota (Mr. serve the balance of my time. tions are impassable. Things that most of us Mr. Chairman, I yield 2 minutes to take for granted like access to emergency OBERSTAR) for their outstanding lead- the gentleman from Maine (Mr. ership in bringing this measure before services, or availability of heating fuel and gro- BALDACCI). ceries, are not available on many reservations us today. Mr. BALDACCI. Mr. Chairman, Mr. SHUSTER. Mr. Chairman, I yield for several months of the year. No business is Maine is currently at a critical cross- 1 minute to the gentleman from Mary- going to locate on an Indian reservation that roads. Projected public investment for cannot offer a basic transportation infrastruc- land (Mr. GILCHREST). Maine’s highways and bridges fall far Mr. GILCHREST. Mr. Chairman, I ture. short of the level of funding needed to The condition of bridges on Indian reserva- thank the chairman for yielding me maintain the system in its current con- tions is even more dire. A recent survey by the time. I thank the chairman and dition and address the significant back- the Bureau of Indian Affairs counted 4,000 of ranking member for the bipartisan na- log of needs. In bridges alone, we are these bridges and found 190 to be deficient to ture in which we have put forth this looking at work that is estimated to be the point of needing replacing or undergo bill. I would like to say basically every a shortfall of over $5 million. We are major repairs. The estimated cost to replace time you cross a bridge, ride a train, looking at the road system. We are or repair bridges are more than $40 million. light rail, subway, ride on a bus, com- looking at shortages of $32.2 million. Under H.R. 2400 and S. 1173, the requested mute to work, et cetera, et cetera, et Maine is a very large rural State. amount for the reservation bridge program is cetera, who do you assume assures The district I represent is the largest $9 million. While I support funding for the your safety? Well, Mr. Chairman, that physical district east of the Mis- bridge program, this amount still falls short of is us. More accurately, that is the gov- sissippi. We are trying to repair the ex- addressing the need in Indian country. ernment. And more accurately than isting road work and the shortages Two amendments that Mr. SHUSTER in- that, that is individuals on the House that we have experienced through the cludes in the manager's amendments will en- floor and the Senate side who take last reauthorization which have left courage tribes to be more self-sufficient. their role very responsibly. some pot holes along the way. These amendments would allow certain tribal I want to give one example of a prob- This funding measure will go to sig- governments to receive transportation funds lem that would be fixed by this bill, nificantly repairing the damaged and directly administer them. They would also and it is Highway 113 in my district. roads, bridges, ports and airports. I ask require that the Secretary allocate funds to That is a single-lane highway, and in for Members’ support. This funding tribes according to a negotiated rulemaking the last 20 years, over 70 people have that we were under, the Federal levels process. been tragically killed on this highway. have not been increased and the money While I agree with the idea of the current This bill corrects that problem. I once that would be available under this pro- language in the manager's amendment, I dis- again commend the bipartisan nature gram in these alternatives will cer- agree with the recommended process that will with which this bill has come forth, the tainly go to enhancing Maine’s bal- be used to accomplish these goals. It is my ranking member and the chairman of anced transportation network. I en- hope that when this bill goes to Conference, the committee. courage all of the Members to support the conferees will agree that tribal govern- Mr. OBERSTAR. Mr. Chairman, I this measure and to be able to move ments should manage their funds according to yield 2 minutes to the gentlewoman forward on reauthorization in a timely the authority of Public Law 93±638, the Indian from Florida (Ms. BROWN), a valuable fashion. Self-Determination and Education Assistance member of the committee. Mr. OBERSTAR. Mr. Chairman, I Act of 1975. Ms. BROWN of Florida. Mr. Chair- yield such time as he may consume to Each year, under P.L. 93±638, the Bureau man, I want to indicate my strong sup- the gentleman from Michigan (Mr. KIL- of Indian Affairs and the Indian Health Service port for H.R. 2400 and thank the gen- DEE). directly transfers hundreds of millions of dol- tleman from Pennsylvania (Mr. SHU- (Mr. KILDEE asked and was given lars to tribal governments so they can admin- STER) and the gentleman from Min- permission to revise and extend his re- ister governmental services and construction nesota (Mr. OBERSTAR) for working marks.) projects. P.L. 93±638 provides for streamlined hard on the donor State issue, and Mr. KILDEE. Mr. Chairman, I rise in administrative efficiencies while preserving making this day possible. As the gen- strong support of H.R. 2400 and the program and financial accountability. H1904 CONGRESSIONAL RECORD — HOUSE April 1, 1998 In closing, I strongly urge the House con- is falling apart right under us. And our BESTEA includes a 90% rate-of-return. The ferees to support the recommended amount in roads, our bridges, our mass transpor- Senate-passed version contains a 91% rate- S. 1173 that provides $250 million per year for tation, which is our rail system, our of-return. As the process continues, donor the Indian Reservation Roads program, and to rural bus system, our bicycle paths, are states continue to seek a 95% rate-of-return. allow tribes to receive funds and directly ad- in major need of repair; and it is high Both versions have made great strides to minister them under P.L. 93±638. time that we paid attention to those bringing fairness and equity to the funding. It Mr. OBERSTAR. Mr. Chairman, I needs. would not only be unfair, but also an injustice yield 2 minutes to the gentlewoman In the State of Vermont, we have a for the Conference Committee to not support from California (Ms. SANCHEZ). major infrastructure problem which the great strides that both Chambers have Ms. SANCHEZ. Mr. Chairman, I has been made worse in recent years by made. I encourage Mr. SHUSTER and Mr. thank the chairman and ranking mem- flooding, flooding which is occurring OBERSTAR to continue the fine work they have ber. I rise today in support of H.R. 2400. today in the State of Vermont, further begun with this bill as it moves to conference. Think about this. In the next 5 years damaging our infrastructure. All over Mr. OBERSTAR. Mr. Chairman, I in central Orange County, that is Ana- Vermont bridges are in serious need of yield 1 minute to the gentleman from heim, Gardon Grove and Santa Ana, we repair, and this bill begins to address Indiana (Mr. VISCLOSKY). will be spending over $5 billion in new that problem. (Mr. VISCLOSKY asked and was construction and modernization. That Sixteen million from this legislation given permission to revise and extend is the private sector and that is the is going to the Missisquoi Bay Bridge his remarks.) public sector; the public sector in our in Franklin County, Vermont. This Mr. VISCLOSKY. Mr. Chairman, I infrastructure needs for all of this new bridge in the northern part of our would like to engage in a colloquy with construction and modernization going State serves as a vital transportation the Chairman of the committee. on. link for New York, Canadian, and other Mr. Chairman, I thank you for the New England traffic and would have opportunity to discuss one of ISTEA’s b 1615 been virtually impossible to rebuild most vital safety initiatives, the rail- It is the rising economy of Orange without help from the Federal Govern- crossing safety program. County. It requires local dollars, State ment. Last year, I testified before the Sub- dollars and, yes, the dollars that we What we now have is a deteriorating committee on Surface Transportation from Orange County send here to be re- two-lane bridge, which, in light of its in support of legislation which I have turned back to help our crumbling in- high level of truck traffic, poses a sig- introduced to change the formula for frastructure. That is why I am proud to nificant hazard to the traveling public ISTEA’s rail-crossing safety program say that I am part of this responsible and is a serious deterrent to interstate which allocates funds to States based bipartisan initiative that was written and international commerce. on a number of rail-crossing accidents The State of Vermont’s Agency of with the support of diverse transpor- and fatalities. tation communities from business to Transportation regarded this project as Although BESTEA does not change the State’s highest transportation pri- labor, contractors to environmental- the formula by which these funds are ority, and this $16 million will be a sig- ists, from engineers to safety advocates distributed, I do want to commend my nificant step forward in helping to re- and to cyclists. colleague for increasing by 41 percent build that bridge. These groups see that America is funds allocated to the highway rail- growing and prospering, but our trans- Mr. Chairman, we hear about budget busting. In my view, tax breaks for the crossing safety program in BESTEA. portation infrastructure is lagging be- wealthy are budget busting, corporate As this bill moves to conference, I ask hind. And this bill picks up the pace welfare is budget busting, spending my colleague to ensure that that prior- and our highways. I believe that this money that the military does not need ity funding be maintained. bill will improve America, will improve is budget busting. But rebuilding the Several hundred people are killed, our futures. The projects included are infrastructure of this country and put- and thousands more injured, every year important and very cost-effective, in ting our workers to work at decent- in the United States as a result of vehi- particular in Orange County. paying jobs is doing exactly the right cle-train collisions at highway-rail Our Nation’s networks of road and thing. It is improving the economic grade crossings. Just last week, a resi- transit systems are the arteries that well-being of this country, and it is dent of Lake Station, Indiana died keep the economic heart of our country long overdue. I congratulate our when a train struck his car at a rail beating. Without this blood supply, our friends for the work that they have crossing without gates, marked only by country’s economic body would suffer done. stop signs. an irreversible financial heart attack. Mr. SHUSTER. Mr. Chairman, I yield Although BESTEA does not change Please join me in supporting this im- as much time as he may consume to the formula by which these funds are portant piece of legislation. the gentleman from Indiana (Mr. distributed, I do want to commend you Mr. OBERSTAR. Mr. Chairman, may BUYER). for increasing, by 41%, the funds allo- I inquire of the Chair, how much time (Mr. BUYER asked and was given cated to the Highway-Rail Grade Cross- remains on our side? permission to revise and extend his re- ing Safety Program in BESTEA. As The CHAIRMAN. The gentleman marks.) this bill moves to conference, I ask you from Minnesota (Mr. OBERSTAR) has Mr. BUYER. Mr. Chairman, I would to ensure that this priority funding is 161⁄2 minutes remaining. The gentleman like to compliment the Chairman for maintained. from Pennsylvania (Mr. SHUSTER) has 5 his hard work. It is truly good work, a Mr. SHUSTER. Mr. Chairman, if the minutes remaining. good product. gentleman will yield, I would say that Mr. OBERSTAR. Mr. Chairman, I Mr. Chairman, I rise today to thank Chair- the gentleman has accurately pointed yield 2 minutes to the distinguished man SHUSTER and Ranking Member OBER- out the importance of this provision, gentleman from Vermont (Mr. SAND- STAR for their dedication to bringing H.R. 2400, and he certainly has my assurance that ERS). the Building Efficient Surface Transportation we will do everything we can to defend Mr. SANDERS. Mr. Chairman, I and Equity Act, to the House Floor. The this provision, as we will with every thank the gentleman for yielding. House Transportation and Infrastructure Com- House provision as we go to conference. I want to congratulate the Chairman, mittee has taken positive steps to significantly Mr. VISCLOSKY. I appreciate the the gentleman from Pennsylvania (Mr. improve donor states' rate-of-return. gentleman’s concern. SHUSTER); and the gentleman from Indiana is and has been a donor state. For Mr. OBERSTAR. Mr. Chairman, I Minnesota (Mr. OBERSTAR), the Rank- years now, Indiana has received only 77 cents yield 2 minutes to the distinguished ing Member; and others for the very for every $1 generated in federal gas tax reve- gentleman from Indiana (Mr. ROEMER). fine work they have done on this im- nues in Indiana. Now that the National High- Mr. ROEMER. Mr. Chairman, I thank portant bill. way System has been completed, the time the gentleman for yielding. Mr. Chairman, the truth of the mat- has arrived for Congress to bring fairness and Mr. Chairman, Indiana is known as ter is that the infrastructure of the equity back into transportation funding and the crossroad of America. It is nick- United States of America is rotting. It spending. named the crossroad of America not April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1905 only because it connects the people to recting the gridlock on Interstate 35 is ROEMER) said it is the heartland, and their communities, but because it is in vital not only for the Central Texas we claim the heartland. So I will just central America and it connects the economy but for everyone in this Na- claim the belt buckle, if I can, for east to the west. This bill is an invest- tion that relies on this vital transpor- Iowa. But I can imagine the embarrass- ment in Indiana’s connection to its tation artery. I commend the gen- ment if commerce is moving back and people, it is an investment to its com- tleman from Pennsylvania (Mr. SHU- forth across this country and they got munities, and it is an investment to STER), the gentleman from Wisconsin to Iowa and we had to put up a sign the rest of America. (Mr. PETRI), and all of the Members that said, ‘‘Excuse me. Slow down to 35 This bill is important because it is that have worked so hard to produce or 40 miles an hour because we cannot about public safety, it is about an in- this bill. repair our bridges and fill in the pot- vestment in our economy, it is about We have followed their example with holes and make those improvements.’’ our security. These are very, very im- a broad regional bipartisan coalition to We cannot do that. We are not 50 sep- portant measures that we consider build a bypass to I–35 in Texas known arate countries; we are 50 United today. as State Highway 130. Our work on SH– States. So I think this is pointing that People in La Porte and Michigan 130 demonstrates the wisdom of the out, and it is going to help our country City and Rolling Prairie, Indiana, tell Chairman’s support of demonstration as a whole. Some things we just got to me that roads are the single most im- projects. These high-priority projects do to keep up. And we do not want to portant issue to many of them; and we like SH–130 are a way of assuring that get behind. We are already behind, and must spend money to repair our roads our priorities are addressed by both we will never catch up if we do not before we spend more and more and State and Federal transportation bu- keep up. more money to repair our cars and our reaucracies. So I am very pleased to be supporting automobiles. This is a prudent invest- These bureaucracies are not the this very important thing. It is prob- ment. know-all and the be-all on planning ably the most important thing we do in Now, I would say, as complimentary transportation. Sometimes the bureau- the entire 2 years we are in this assem- as I am to the gentleman from Penn- cratic number-crunchers forget that bly. Thank you for your efforts. Mr. OBERSTAR. Mr. Chairman, I sylvania (Mr. SHUSTER) and the gen- their actions can crunch people and yield 2 minutes to the distinguished tleman from Minnesota (Mr. OBER- can crunch neighborhoods as well as gentleman from Texas (Mr. GREEN). STAR), they have been fair and judi- numbers. (Mr. GREEN asked and was given cious, I would encourage them to con- In the case of SH–130, we have re- permission to revise and extend his re- tinue to be fair and judicious in con- quired in this bill a specific route en- dorsed unanimously by City Council marks.) ference; and as we look for offsets in Mr. GREEN. Mr. Chairman, like a lot conference, I strongly encourage them members and commissioners as well as some State legislators. We have also of my colleagues today, I would like to not to go into public education. thank both the Chairman and our As shootings go up in our public specified that that money must be ex- pended solely for the construction of Ranking Member and the Committee schools and test scores come down, it is on Transportation and Infrastructure cutting our nose off to spite our face, it that portion of SH–130 within Travis County and south of U.S. 290. for the fine work on H.R. 2400. I believe is hurting our businesses if we take From the outset, I have supported a it is good not only for our Nation but money out of public education for our bypass for traffic, not a bypass of local also for the State of Texas that I rep- children. community concerns by an unrespon- resent and also for the district and the Secondly, I want to commend the sive bureaucracy. Now is the time for community I represent of Houston. Chairmen for their addressing the the Texas Department of Public Trans- BESTEA is the fairest and best bill donor State issue for Indiana. Indiana portation to apply some of the $101⁄2 for donor States such as Texas because will get close to a billion extra dollars billion that it is receiving in this bill it guarantees that each State receives under the 6-year provisions of this bill to build SH–130, build it now, build it back at least 95 percent of the amount because of the way the Chairmen have in the right way to the east of Decker it pays out in gasoline taxes. Transpor- treated donor-state issues. I hope and Lake in Travis County, Texas. tation funds are imperative for a State pray that they continue to hold to Mr. OBERSTAR. Mr. Chairman, I as large as Texas, and we need a trans- those areas and those concerns in con- yield 2 minutes to the gentleman from portation funding bill that makes sure ference with respect to Indiana. Iowa (Mr. BOSWELL), a very distin- we receive adequate funds just to main- Finally, there is some criticism guished member of our committee. tain the safety on our roads and high- about the expenditure. China will Mr. BOSWELL. Mr. Chairman, I ways. spend $1 trillion on public investment thank the gentleman from Minnesota As a border State, Texas is impacted over a 3-year period. The United States (Mr. OBERSTAR) and the gentleman by large amounts of traffic resulting will spend one-third of that over a 6- from Pennsylvania (Mr. SHUSTER). from trade with Mexico. This high vol- year period. We need to invest in public I really appreciate, being a new- ume of traffic passes through I–69, safety. comer, and inquired about coming to which runs through the middle of my Mr. SHUSTER. Mr. Chairman, I yield this committee. I knew a lot of impor- district. We must make sure that funds myself 15 seconds to inform the body tant work was to take place there. So are included for trade corridors such as that, this being April 1, somebody has I inquired about the Chairman, and I I–69 because NAFTA has so dramati- sent out a bogus press release from my inquired about the Ranking Member. I cally increased the traffic through office saying that I oppose high-prior- was informed and it has been proven Texas. Also, ISTEA originally was ity congressional projects. I just want out that they have worked together based on intermodal. With the Port of to make sure that everybody under- and that the committee is open. So I Houston and I–69, it makes that inter- stands this is in the good spirit of April come as a newcomer, realizing that modal transportation work. Fool’s Day, and it is not accurate. commerce has got to move across this In addition, I support BESTEA be- Mr. OBERSTAR. Mr. Chairman, I country in order for us to compete, to cause it recognizes the importance of yield myself 10 seconds to say that is compete with the elements of the Pa- demonstration projects to solve local absolutely astonishing. This is April cific Rim and European Union and we transportation problems. Fool’s Day, but this is not the time for have got to do it. For 5 years, as a Member of Congress, that sort of thing. My colleagues, I really appreciated it I have worked with the Committee on Mr. Chairman, I yield 2 minutes to when they pointed out that some of Transportation and Infrastructure on a the gentleman from Texas (Mr. this increase is giving up the interest grade separation project; and I am glad DOGGETT). and other aspects that they pointed to see it is in this bill. This project pro- Mr. DOGGETT. Mr. Chairman, the out, not to repeat them. So this is a do- tects the lives of not only the residents most congested and the most dan- able thing, and this country will bene- and people who work in the Manchester gerous section of Interstate 35 any- fit from it. community in East Houston but, again, where between Canada and Mexico is in I often wonder what it would be it is the definitive reason we need dem- my hometown of Austin, Texas. Cor- like—the gentleman from Indiana (Mr. onstration projects on intermodal H1906 CONGRESSIONAL RECORD — HOUSE April 1, 1998 transportation, a grade separation over structure that our economy needs to continue be paying in our taxes. Texas will be getting nine tracks that will be great for the its miraculous growth well into the next cen- more than $1.7 billion in formula distributions business community but also for the tury. Transportation is clearly a factor in the and over $216 million in demonstration residents there. Funding these dem- development of our economy and will be an projects with this bill. However, Texans will be onstration projects such as this is long element for our continuing economic success getting back only about 90 cents on the dollar, overdue and must be protected in in this ever-changing new world order. The but I understand the needs of the other states. BESTEA authorization. modernization and technological advancement For my own part, Houston will benefit from a b 1630 of our transportation systems that are con- new ``Hike and Bike'' path, new buses and re- tained in this bill are essential to our nation. built roads. I am also advocating a study on Mr. OBERSTAR. Mr. Chairman, I Mr. SHUSTER and Mr. OBERSTAR as well as all the use of light rail for Houston. As the fourth yield 2 minutes to the gentlewoman of the members of the committee should be largest city in the country, it is appropriate that from Texas (Ms. JACKSON-LEE). commended for their excellent work. we consider light rail as a substitute for using (Ms. JACKSON-LEE of Texas asked Our large and complex transportation sys- our streets and highways. and was given permission to revise and tem unites us and connects even the smallest Mr. Speaker, I support this bill with these extend her remarks.). town with the rest of the world. Transportation exceptions. We need to continue the effective Ms. JACKSON-LEE of Texas. Mr. and our highways touch every person in this and efficient transportation system that this bill Chairman, I thank the Chairman and country, it comprises 11 percent of our Gross provides for the betterment of all Americans. the Ranking Member for his leadership, Domestic Product and makes up one-fifth of Mr. OBERSTAR. Mr. Chairman, may and I thank the committee as well. I the typical American household budget. I inquire of the Chair how much time rise to support H.R. 2400. However, there are some fundamental prob- remains on both sides? Let me point out that, in the 18th lems with how BESTEA will be funded. The The CHAIRMAN. The gentleman congressional an urban district, this ground-breaking balanced budget agreement from Minnesota (Mr. OBERSTAR) has 31⁄2 legislation will bring our communities of last year gave us the guidelines and caps minutes remaining, and the gentleman together with the funding of hike and necessary to keep our spending within our from Pennsylvania (Mr. SHUSTER) has 5 bike trails, many constituents in my means. Many of our vital social programs minutes remaining. district have long asked for such trans- were asked to sacrifice their monies in the portation tools. name of fiscal restraint. Now we are asked to Mr. OBERSTAR. Mr. Chairman, I It is also very important to note that vote on a bill that exceeds the budget caps by yield myself the balance of my time. we will be rebuilding our Nation’s in- $26 billion. The CHAIRMAN. The gentleman 1 frastructure, the highways, and roads Mr. Speaker, I am concerned as to which from Minnesota is recognized for 3 ⁄2 so badly needed. But what is very im- programs the Republicans will cut in order to minutes. portant to the city of Houston, is the make way for the $26 billion we are asked to Mr. OBERSTAR. Mr. Chairman, this understanding that H.R. 2400 author- spend today. It is imperative that these cuts brings us to the end of a very long and izes not only a Houston regional bus will not be made by the conference committee productive general debate period when plan for final design and construction, at the expense of the disadvantaged, our chil- we have heard fulsome praise for this and the Houston Advanced Transit pro- dren and those citizens who do not have the legislation from all sectors of this gram for planning activities, and pre- resources to have a lobbying group pressuring country, all spectrums of our society, liminary engineering. that committee. from urban and suburban and exurban This allows Houston to look into the Another troubling aspect of this bill is the and rural America, from coastal and options of bus and/or rail. The City of possible amendment to end the Department of border America, from all spectrums, all Houston is the fourth largest city in Transportation's Disadvantaged Business En- aspects of the economic slices of our the Nation, with over 1.4 million resi- terprise Program. This is a program that for country. dents and, as such, must be able to ex- over two decades has been providing equal It has been very encouraging to see plore all of the transportation options opportunities for women and minorities com- the enormous outpouring of support to its residents. peting for highway and transit contracts. from Members across the body for a The City experiences frequent traffic Since its inception, small businesses as well truly visionary piece of legislation. It congestion. Currently, Houston re- as women and minority-owned construction does, indeed, do all these things that ceives a certain amount for its Better firms are now participating in building our na- all of our colleagues have praised the Bus Program and has received such tion's highways. Their participation has in- legislation for. funds for approximately 6 years. Hous- creased from 1.9 percent in 1978 to 14.8 per- I have a few things of my own that ton does not at this time receive any cent in 1996. By reaching out to and fostering are very special to me. We continue the new business relationships, this program has funds for a rail system. Rails to Trails Program, continue the countered the effects of discrimination and My Democratic colleagues in the Bicycling and Pedestrian Walkways good old boy networks which had been road Houston area support this option. I Program that has made it possible for blocks for many years. hope the gentleman from Texas (Mr. more than 10 million Americans to buy These facts were recognized by the Senate bicycles, become bicyclists. ARCHER) will work with me to make as it voted to preserve this 15-year-old pro- I am an avid cyclist myself. I have sure that this option comes to the City gram as we should also. We all wish that we pedaled over 2,100 miles on the open of Houston. The City of Houston is pre- lived in a world that was free from discrimina- road last year. I want to see more peo- paring and has announced a Transpor- tion, but we don't. But, this program is not ple using bike to commute from home tation 2000 study that will include con- about quotas or set-asides as some members to work, as is done in Chicago. sideration and review of options such want to characterize it. The statute only relies as commuter rail and other forms of on flexible goals. We preserve and continue the Conges- urban rail systems for Houston. The program also complies completely with- tion Mitigation and Air Quality Im- I am delighted that this bill in its in the ``strict scrutiny'' standard of the Su- provement Program which, in Chicago, wisdom will allow the City of Houston preme Court decision in Adarand. The Depart- has enabled that city with wise use and to consider the options of bus and/or ment of Transportation has recently published wise investment of those dollars to im- rail. I believe rail is needed in our com- proposed rule changes in response to that prove its Air Quality Index over 15 per- munity. In fact several transportation standard. There is clearly a compelling gov- cent in the 6 years of ISTEA. options are needed for our city, which ernmental interest in redressing past discrimi- We continue the Scenic America Pro- is the fourth largest city in the Nation. nation in DOT-assisted contracting. Minority- gram with the Scenic Byways Program And or well, it is needed for inner city owned construction firms represent about 9 that was initiated in ISTEA, again Houston. This legislation will support percent of all such firms and receive only stimulating the tourism travel sector such options as rail to be pursued by about 5 percent of construction receipts. The of our economy, which is nearly a $400 Houston as the city may desire. 10 percent national goal is constitutional, good billion sector of our economy, one that Mr. Speaker, I rise today in support of H.R. policy and still necessary. BESTEA with it is generates a $20 billion surplus balance 2400 as a modernization of America's highway unacceptable. of payments for this country, inbound and transportation systems for the 21st cen- Mr. Speaker, I am a part of a state delega- tourism expenditures here over what tury. This bill provides for developing the infra- tion that will be getting back less than they will Americans spend traveling abroad. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1907 We will initiate in this legislation Let me close by focusing on the two the areas in which we could not reach final when it is finally enacted a very impor- fundamental principles that we started agreement and their willingness to consider tant part of our Welfare to Work Pro- out with in this debate today, the first our few remaining concerns in the context of gram that was passed in the last Con- fundamental principle being that this the upcoming conference with the Senate. I gress. It is very hard to get people to legislation puts the trust back in the am convinced that this approach will lead to a jobs if they do not have the means to Transportation Trust Fund. It is hon- unified House position in these negotiations get there. est budgeting. and a stronger final product for the President My middle daughter, Annie, works in It says that the 18.4 cents gasoline to sign. Jubilee Jobs in the Adams Morgan area tax that the Americans pay in the re- At this point, I would like to point out a num- of Washington, D.C., trying to place lated transportation taxes, the reve- ber of the provisions of H.R. 860 which can be people from the homeless shelters, nue, and only that revenue, will be found in the Manager's Amendment. The pro- those who have fallen from the welfare spent from the Trust Fund to rebuild visions were crafted in a cooperative and bi- net in the Hispanic and black commu- America’s infrastructure. partisan fashion by members of the Science nity of Northeast/Northwest Washing- Indeed, there can be no deficit fi- Committee. First, the amendment includes ton. The biggest single problem she nancing here. The money must be H.R. 860's ``Sense of Congress'' that the De- faces with her clients is getting them there. It is the most fiscally respon- partment of Transportation should place a high to and from their job. sible kind of Federal spending we can priority on addressing the Year 2000 problem This innovative experimental pro- have. We only spend the revenue that in all of its computer and information systems. gram, pilot program, will help cities comes in. Indeed, as part of our agree- The amendment includes provisions from H.R. across this country do there what Chi- ment, we have agreed to forgo the in- 860 to expand the Department's Research cago has done in its city with a pro- terest on the balance in the Trust and Technology program to include: testing gram of welfare to work, provide means Fund, which means the national debt and evaluation of bridge, concrete and pave- of transportation for those who need to will be reduced by close to $15 billion ment structures; environmental research; get to the places where the jobs are lo- over the life of this bill. human factors research; research on the use cated. Beyond that, we have agreed to turn of recycled materials such as paper and plas- All in all, all told, this is the bill back $9 billion in the Transportation tic fiber reinforcement systems; knowledge of that the visionaries of 1956 could not Trust Fund. So between the foregone implementing life-cycle cost assessment; and have foreseen. This is a bill that the interest and the $10 billion that we will standardized estimates of useful life for ad- Members of this Congress who stand on turn back, it adds up to approximately vanced materials. their shoulders, who look into the fu- $25 billion, a reduction in the national Provisions from H.R. 860 are included in the ture have said to the gentleman from debt, real dollars, real reduction in the amendment to commission a study by the Na- Pennsylvania (Mr. SHUSTER), this bill national debt. That $25 billion approxi- tional Academy of Sciences regarding the will be an everlasting legacy of his mates the increased spending in this need for a new Strategic Highway Research service in this Congress. I hope he will legislation. Program or similar effort and to require the The second fundamental principle is serve many more years. But whatever Department to establish a strategic planning that we begin to meet the transpor- those years, this will be his greatest process for surface transportation R&D. The tation needs of America. Our highways achievement and the greatest legacy Amendment further requires the plan to be are in poor condition. There are 42,000 that we could leave to future genera- consistent with the provisions of the Govern- people killed on them every year, and tions. ment Performance and Results Act of 1993. A The CHAIRMAN. The time of the 9,000 of those being killed are kids. In surface Transportation-Environment Coopera- gentleman from Minnesota (Mr. OBER- fact, of those fatalities, about 12,000 to tive Research Program designed to provide STAR) has expired. 13,000 are attributed to bad roads, Mr. SHUSTER. Mr. Chairman, I yield which means we will be saving lives. I State and local transportation officials with the myself the balance of my time. am told, over the life of this bill, we tools and knowledge necessary to better un- Mr. Chairman, I certainly thank my will be able to reduce fatalities by derstand the impacts of transportation deci- good friend, the gentleman from Min- about 4,000 lives a year. sions is also included in the amendment. Fi- nesota (Mr. OBERSTAR), and all our col- Beyond that, we provide an economic nally, the amendment includes small changes leagues on both sides of the aisle for stimulus, increase productivity, jobs, to the Intelligent Transportation Systems (ITS) making this a truly bipartisan team ef- have tremendous support from all sec- provisions of the bill to expand the goals of fort for the good of America. tors of the country. The 50 governors, the program and to extend the research activi- In closing, I want to particularly rec- the cities, the counties, the environ- ties of the program to include human factors ognize our staff, which has done such mentalists, safety leaders, labor, research on the science of the driving proc- an outstanding job, particularly the Chamber of Commerce, triple AAAs, ess; the effects of cold climates on ITS; and Subcommittee on Surface Transpor- this bill has extraordinarily broad sup- magnetics. tation and Committee on Budget staff, port. It is good for America. It puts Again, I wish to thank my colleagues on the and most of all Jack Schenendorf, the honesty in budgeting. We spend only Transportation Committee for their cooperation Chief of Staff of our Committee on the revenue that comes into the bill. and I look forward to working with them in Transportation, the largest committee For all those reasons, I urge my col- Conference. The remainder of my statement in the Congress, indeed the largest leagues to support this legislation that reflects the views of the Committee on committee in the history of the United we are bringing to the floor, because Science on the legislation. States with 75 members. we will rebuild America as we move The Committee on Science, for almost Jack Schenendorf is truly a leader of into the 21st Century. twenty years, has worked closely with the extraordinary capability. Without his Mrs. MORELLA. Mr. Chairman, I would like Committee on Transportation and Infrastruc- dedication and perseverance, intel- to thank Chairmen SHUSTER and PETRI as well ture to craft transportation research and devel- ligence and experience, the staff would as Ranking Democratic Members OBERSTAR opment authorizing legislation. Our tradition, not have been able to accomplish ev- and RAHALL for their cooperation in bringing a rather than to enact separate transportation erything they did. Research Title to the floor which incorporates research and development legislation, has That staff and those who have con- most of the significant research and develop- been to write our own legislation and then to tributed so much include Roger Nober, ment provisions from H.R. 860 as reported by work out our differences with the other Com- Debbie Gebhardt, Chris Bertram, Susan the House Committee on Science. I believe mittee prior to House floor consideration of Lent, Adam Tsao, Darrell Wilson, Bill our cooperative efforts of the past have con- transportation measures. In 1991, Congress- Hughes, Linda Scott, Patricia Law, and tributed significantly to strengthening the De- man Norman Mineta, who was both a member Mary Beth Will. partment of Transportation's surface transpor- of our Committee and Chairman of the Sur- Certainly, the Members on the other tation research and development portfolio, and face Transportation Subcommittee, offered our side of the aisle equally stand shoulder I am equally convinced that our efforts during compromise legislation during the Transpor- to shoulder with me to recognize the 1997 and 1998 will take these research pro- tation Committee markup. This year our Com- staff on both sides, because, indeed, grams to the next level. mittees agreed that the Managers Amendment this is a joint staff working together I also appreciate the Transportation Com- on the House Floor would be the appropriate for the betterment of our country. mittee's willingness to keep the dialog going in time to merge our work product, H.R. 860Ð H1908 CONGRESSIONAL RECORD — HOUSE April 1, 1998 the Surface Transportation Research and De- Committee believes that destructive testing intended to require any additional reporting velopment Act of 1997 as reported by the simulating seismic activity, vibration and from the States. Its purpose is simply to pro- Committee on Science, with the bill HR weather on certain bridges and pavement vide a more accurate accounting of each 2400Ðthe Building Efficient Surface Transpor- structures that are in the process of being re- state's surface transportation research and de- tation Equity Act of 1998 which is before us placed offers the potential to improve methods velopment activities. Currently, it is difficult to today. of structure design, construction and rehabili- track research or to separate it from other per- The Science Committee is pleased the Man- tation. mitted uses of funding under this section. ager's Amendment to H.R. 2400 includes a The Amendment further requires the Depart- The Science Committee concurs with H.R. provision from H.R. 860 expressing the sense ment's Highway R&T Program to include a 2400's provisions to reauthorize the Local of Congress that the Department of Transpor- program to strengthen and expand surface Technical Assistance Program (LTAP). LTAP tation should give high priority to correcting transportation infrastructure research and de- improves access to surface transportation the Year 2000 problem in all of its computer velopment. The program is required to include technology and serves as the primary channel systems to ensure effective operation in the testing to improve the life of bridge structures, through which innovative transportation tech- Year 2000 and beyond. The Department including tests simulating seismic activity, vi- nology and training are delivered to both needs to develop a plan and a budget to cor- bration and weather; research on the use of urban and rural communities. The Manager's rect the problem for its mission-critical pro- recycled materials, such as paper and plastic Amendment includes language from H.R. 860 grams. Currently, the Department has only fiber reinforcement systems; expansion of to add concrete to the road and transportation fixed 23 percent of its mission critical systems. knowledge of implementing life cycle cost as- areas of which the LTAP is to expand the The Department also needs to begin consider- sessment, including establishing the appro- knowledge and expertise of rural and local ation of contingency plans, in the event that priate analysis period and discount rates, transportation agencies. Concrete is an area certain systems are unable to be corrected in learning how to value and properly consider where substantial knowledge in the research time. The Committee believes Congress user costs, determining trade-off between re- community has not adequately filtered down to should continue to take a leadership role in construction and rehabilitation, and establish- the working level and where universities who raising awareness about the issue with both ing methodologies for balancing higher initial train the engineers and other experts involved government and the private sector. The poten- costs of new technologies and improved or in highway construction have a major contribu- tial impact on the Department's programs, if advanced materials against lower mainte- tion to make in solving the technology transfer the Year 2000 problem is not corrected in an nance costs; and standardizing estimates of problem. For instance, the Committee would effective and timely manner, is substantial and useful life under various conditions for ad- like to see the development of partnerships potentially serious. It is imperative that such vanced materials of use in surface transpor- among state Departments of Transportation, corrective action be taken to avert disruption tation, developed in conjunction with the Na- industry, and associations to address edu- to critical programs. tional Institute of Standards and Technology cational and training needs, to provide testing The Committee is pleased the Amendment and other appropriate organizations. services and cooperative applied research, to includes important provisions from H.R. 860 The Committee on Science was especially demonstrate new technologies and product which seeks to improve the performance of interested in utilizing the R&T program to both applications, and to link architects, engineers, the federal investment in surface transpor- save money and make sure that innovations and contractors to speed adoption of industry tation research by requiring the Secretary to penetrated the marketplace. Similarly, the advancements for commercial benefit to the establish a performance-based strategic plan- Committee notes that there has been very lit- surface transportation industry, including the ning process consistent with the Government tle follow-on to the experiments to date in al- area of concrete management. Performance and Results Act of 1993. The ternatives to low-cost bidder contracting and Other provisions from H.R. 860 have also strategic planning process will address defi- feels the more that can be done to increase been included in the amendment to expand ciencies in the current program, as identified the knowledge base associated with contract- LTAP's modern highway technology to include by the General Accounting Office, Transpor- ing alternatives, the easier it will be to justify implementing life-cycle costs assessment and tation Research Board, and other transpor- innovations in highway construction. In addi- standardized assessments of useful life under tation research and development stakeholders, tion, the Committee supports research on the various conditions for advanced materials. The by setting a strategic direction, defining na- use of recycled materials such as paper and Committee understands that one of the im- tional priorities, coordinating federal efforts plastic fiber reinforcement systems. Research pediments to rapid deployment of advanced and evaluating the impact of the federal in- in this area indicates that technically equiva- materials in local high construction projects is vestment in surface transportation R&D. As lent recycled plastics are potentially much the difficulty of estimating the contributions envisioned by the Results Act, a strategic plan cheaper than the expensive welded fabric, these materials can make to reducing life will be developed and include review and which traditionally has been added to standard cycle costs of roads, bridges, and other high- comment from industry, the National Research concrete for crack control. way structures. The Committee feels a re- Council and other advisory boards. The plan The Science Committee is pleased the search program geared to understanding the will be submitted to Congress within one year Amendment includes a provision from H.R. likely useful life of these materials under a va- after enactment and updated as required by 860 to commission a study to be conducted by riety of conditions will decrease uncertainties the Results Act. the National Academy of Sciences regarding associated with innovation and increase the H.R. 2400, as amended by the Manager's the need for a new Strategic Highway Re- comfort level of local officials as well as their Amendment, includes language to reauthorize search Program (SHRP) or similar effort. The willingness to buy new products. the Department's Highway Research and original SHRP program has yielded over 100 The Committee is pleased H.R. 2400 in- Technology (R&T) Program which is very simi- pavement products that combines to save our cludes provisions from H.R. 860 reauthorizing lar to the provisions of H.R. 860. There is wide nation over $690 million per year in highway both The Dwight David Eisenhower Transpor- agreement on the need to allow the Depart- operations and maintenance costs. The legis- tation Fellowship Program and the National ment to engage in research, development and lation directs the Secretary to work with the Highway Institute. The Eisenhower Fellowship technology transfer activities designed to im- transportation community to study and specify Program continues to attract qualified students prove the safety, efficiency, and effectiveness the goals, purposes, needs, agenda and struc- to the field of transportation research to assist of the surface transportation system. The ture for a new SHRP program or similar effort. in developing the professional workforce nec- amendment includes provisions from H.R. 860 The study will help to ensure that the Depart- essary to face future transportation chal- requiring the Department to include in the ad- ment continues its strong partnership role with lenges. The National Highway Institute (NHI) vanced research program: diagnostics for the States, the Transportation Research Board continues to provide education and training to evaluation of the condition of bridge and pave- and industry to move technology and innova- Federal, State and local transportation agen- ment structures to enable the assessment of tion into common practice. cies in proactive effort to apply state of the art risks of failure, including from seismic activity, Under the State Research Program, the transportation technologies emanating from vibration and weather; environmental research amendment includes a provision from H.R. the Department's R&D programs. The NHI is which may include among other things devel- 860 asking each state to report annually to the the leading resource within the Department for opment of environmentally safe coatings for Secretary on the level of its funding for re- providing high quality comprehensive edu- surface transportation infrastructure; and search and development provided through this cation and training programs tailored to meet human factors research including the pre- program. A state may provide such informa- the needs of transportation professionals at all diction of the response of current and future tion as part of existing reports that the state levels of the Federal, State and local govern- travelers to new technologies. In addition, the provides to the Secretary. This provision is not ment, as well as industry. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1909 H.R. 2400's National Technology Deploy- that influence the demand for transportation. posal for ITS takes a sharp swing towards ment Initiative is very similar to H.R. 860's By creating the STECRP, the Committee en- demonstrations and implementation of ITS Technology Partnerships Program in that it will sures there will be a program in place to gath- systems and away from research and stand- encourage new transportation technology part- er and disseminate this information to the indi- ardization. This approach places the cart be- nerships between the Department and State, viduals charged with the responsibility for fore the horse. Further haste in deployment local, private, academic, and other entities. making these decisions. will waste even more tax dollars. We would The Committee believes it is essential that the The Committee recognizes there is a per- rather defer the deployment of systems a little Department continue its strong partnership ception by low-income and minority commu- while longer than ask taxpayers to pay for role with government and the private sector to nities that they are disproportionately impacted both initial deployment and the subsequent move technology and innovation into common by some transportation projects and that they retrofit of these systems to permit interoper- practice. In selecting projects under this pro- derive fewer benefits from transportation ex- ability with future systems built subsequently gram, the Committee supports giving pref- penditures. Federal and state laws currently in conformance with national standards. erence to projects that leverage federal funds require the social and economic impacts of The ITS principles of the final bill should in- with other significant public or private re- transportation projects be assessed. The clude: sources. Committee feels these debates can best be The development and promulgation of the The University Transportation Centers resolved by doing rigorous studies designed to standards and protocols needed for a national (UTC) Program is one of the few areas where examine the nature of the relationship be- ITS architecture and for compatibility of all ITS the Science Committee and the Transportation tween transportation investments and commu- systems subsequently deployed must be Committee failed to reach complete agree- nity development. Research in this area, which made the number one priority in this program ment on the provisions of the legislation. The is sometimes referred to as environmental jus- if we are to avoid widespread waste. Further- Committee recognizes the UTC Program has tice, is eligible for funding under the STECRP. more, the program must comply with the re- been shown to be an effective means of ad- The Committee recognizes that many com- cently revised OMB Circular A±119 which re- vancing transportation technology and exper- munities have utilized funds available under quires all Federal agencies to make use of pri- tise and believes that one of the program's the Congestion Mitigation and Air Quality Pro- vate sector standards developed through a strengths is directly related to the fact that gram to improve or construct pedestrian and voluntary consensus process whenever pos- most UTCs had to compete to participate, bicycle trails. We expect that some research sible. stimulating a high degree of continuous im- will be allocated to collecting information about Deployments of ITS systems funded under provement raising the quality of the entire pro- the use of these trails that can be used to as- this Act should be conditioned on compatibility gram. H.R. 860 requires participation in the sess their effectiveness in addressing air qual- with ITS final and provisional standards. The UTC program on a peer-reviewed, competitive ity and congestion problems, and to identify ITS program has instituted a model standards basis. H.R. 2400 allows all participants that re- factors which can improve overall trail design development program that is well underway. ceived grants during Fiscal Year 1997 auto- to ensure maximum benefits are obtained For the initial generations of ITS systems, it is matically to be awarded participation in the through their use. clear which standards are needed and the De- UTC program for Fiscal Years 1998 and 1999. The Committee recognizes that there is a partment has provided substantial assistance However, the Science Committee is pleased need to conduct research and development on to standards development organizations to that, beginning in Fiscal Year 2000, participa- energy use and air quality as it relates to sur- make sure they are developed on a priority tion in the UTC program will be based on a face transportation efficiency. Research in this basis. Therefore, the Committee feels that competitive process for most of the institutions area may include new and innovative fuel conditioning further deployments of ITS sys- participating in the program. technologies, such as biodiesel fuel, that en- tems on their use of final and provisional The Committee on Transportation and Infra- ables recycled and renewable resources to be standards proposed by standard development structure did not decide to include specific leg- used as fuel. Biodiesel fuel, a renewable fuel organization's subcommittees will accelerate islative authority for awarding grants to re- product made using virgin soybean oil, may the development process even further by mak- searchers at primarily undergraduate institu- potentially help the U.S. achieve cleaner air ing it in all parties' interest to have standards tions which involve undergraduate students in and greater energy independence. in place at the earliest possible date. If stand- their transportation research. These schools The Committee expects the advisory board ards are not in place, funds should be spent are a major source of professional capacity for to build upon the preliminary work done by the on operational tests which will provide infor- the surface transportation industry and we feel participants in the two conferences held to mation needed to finalize the standards rather that when these engineers are acquainted with identify critical transportation environmental re- than on deployments which may later be in- the purposes and practice of research during search needs in 1991 and 1996 published in compatible with the standard. their university training that they will be more Transportation Research Board Circulars 389 We feel that, given the limited funds avail- sensitive to innovative ideas throughout their and 469 in developing their recommendations. able and the importance of national deploy- careers. We note that it is within the power of These documents identify the type of research ment of ITS, that all operational tests and de- the Department of Transportation to increase needs this program is intended to fulfill. ployments carried out in compliance with this its efforts to promote undergraduate research The Intelligent Transportation Systems pro- Act must be designed and carried out with and we urge the Department to do so. gram is an area where the Committee on subsequent purchasers of similar systems in The Science Committee is pleased that the Science and the Committee on Transportation mind. The government needs to use them as Manager's Amendment includes the Surface and Infrastructure did not have time before test beds. Operational tests need to be de- Transportation-Environment Cooperative Re- floor consideration to work out all of our dif- signed for the collection of data and the prep- search Program (STECRP). This program was ferences. Therefore, the Committee on aration of reports to permit objective evalua- included to address the need for information Science was willing to yield to the suggested tion of the success of the tests and the deriva- which will assist transportation planners at the text of the Transportation and Infrastructure tion of cost-benefit information and life-cycle Federal, State, and local level in their efforts Committee for purposes of floor consideration costs that will be useful to other contemplating to design an intermodal transportation system on the assurance that the provisions of H.R. the purchase of similar systems. Recipients of that meets the needs of our citizens for a safe, 860 would be given due consideration as our funds for either operational tests or deploy- clean environment and for access to economic Committees jointly conference with the Senate ments should be asked to help increase the goods and services. and work on a final version of the ITS section understanding of what skills workers must Transportation projects must meet a of this legislation. possess to successfully operate ITS systems; widerange of criteria under a host of laws at The Committee's concerns regarding ITS of what similarly situated governments should the Federal, State, and local levels. Our state are straight-forward. There are already exam- consider before commitment to purchasing an and local transportation planners are charged ples of orphan ITS systems across the country ITS system including legal, technological, and with the responsibility to assess the environ- paid for at taxpayer expense using protocols institutional barriers to deployment; and of how mental and community impacts of proposed which are incompatible with other systems and to improve procurement of these systems. transportation projects. These assessments with standards which were developed after the We also feel that a portion of ITS funding require more than engineering specifications ITS system was deployed. There are also should look to future ITS systems. At least 15 and new technologies. They require informa- metropolitan areas where some of the ITS percent of funding available for ITS systems tion about the interrelationships between fac- systems already installed are not compatible should be spent on basic research or long- tors such as demographic change, land-use with others. We are concerned that this is a term research. The Committee is especially planning, and transportation system design growing problem. The Administration's pro- concerned that adequate emphasis be placed H1910 CONGRESSIONAL RECORD — HOUSE April 1, 1998 on human factors research, including research hundred parking spaces due to the Lake the Field, the Shedd and the Adler and see into the science of the driving process, to im- Shore Drive relocation, the long distances be- why I believe in this project. prove the operational efficiency and safety of tween the three institutions and to area park- Mr. CRANE. Mr. Chairman, three years ago, intelligent transportation systems; research ing lots, competition for parking with Soldier when the Contract with America was being de- conducted on environmental, weather, and Field patrons, and inadequate links to local bated, had somebody told me that this Con- natural conditions that impact intelligent trans- public transportation. All these obstacles make gress would seriously consider, much less portation systems, including effects of cold cli- visits by the elderly, by the handicapped and adopt, legislation calling for a 40% increase in mates. We feel that ITS advanced systems by families with young children very difficult highway spending, I would have said ``only on will be such a fundamental shift in the use of and frustrating. April Fools Day.'' Well, here it is, April 1, 1998, motor vehicles that basic research to increase It is for these reasons, that I and several of and what do we have on the Floor but a bill our understanding of the driving process, is in my colleagues in the Chicago delegationÐand fitting that description that stands a good order. We are concerned that the ITS needs our colleagues in the SenateÐhope to secure chance of being approved. of cold climates, will be significantly different BESTEA funds for the Museum Campus Is it a joke? No indeed. Whatever people than needs in other regions of the country and Transportation Project, which would largely may think of it, the Building Efficient Surface that the potential impact on ITS of natural phe- eliminate the access problems while increas- Transportation and Equity Act (BESTEA) we nomena such as earthquakes needs to be un- ing public awareness of ethanol as a fuel are considering today is a very real and a very derstood better. We also feel that magnetics choice. The project has two components. The attractive proposal for a number of reasons. will have major roles to play in advanced sys- firstÐfree Museum Campus and Chicago First of all, BESTEA meets a clear need, the tems where cars will travel at rapid rates of Lakefront shuttle serviceÐwas recommended need for better roads, safer bridges and relief speed at close differences. in a recent Lakefront Transportation Study from the incessant traffic congestion that Additionally, although not specifically ref- prepared for the City of Chicago Department plagues Chicago and many other urban areas erenced in H.R. 2400, the Committee supports of Transportation. The Museum Campus took of this country. Second, the legislation deals research on new advanced ITS systems de- the report's advice and launched a free trolley with several rather obvious inequities, one signed to reduce congestion, enhance safety service last summer on a pilot basis. The trol- being the expenditure of federal gas taxes for and improve cost effectiveness. The Commit- leys were very popularÐthey shuttled more purposes other than those intended and an- tee does not support reviving the Automated than 300,,000 visitors, up to 6,000 people a other being that not all states receive a fair re- Highway Systems, but endorses continuing day, between the museums and parking lots! turn on their gas tax contributions. Third, the advanced research on traffic technologies Besides being free and reducing people's bill addresses these inequities in a way that is which may include information technologies stress levels, the trolleys also reduced traffic not only generous but is designed to prevent such as Active Response Geographical Infor- congestion, and noise and air pollution. I think their recurrence. And fourth, almost every mation Systems used to facilitate effective there's no argument about the benefits of state and four congressional districts out of transportation system decision-making; and these trolleys. every five stand to benefit from that generosity advanced traffic management technologies, in- I am pleased to join with several of my col- and from the inclusion of nearly 1,800 dem- cluding the use of fiber optic cable and video, leagues to seek BESTEA funds for the Mu- onstration projects in the legislation. to monitor and control traffic control and vol- seum Campus Transportation Project to estab- So what is the problem? ume. lish a permanent Museum Campus shuttle Put simply, the problem is the way Mr. DAVIS of Illinois. Mr. Chairman, given system using ethanol-powered trolleys and to BESTEA, or H.R. 2400 as it is otherwise all the stories in the papers about ``pork'' in extend shuttle service along the lakefront to known, goes about those tasks. the transportation bill, I rise today to tell you other cultural destinations. Stops along the Yes, BESTEA meets a need, but that need about a transportation project that I believe will Lakefront Shuttle route would include the Art can be met without shattering the balanced benefit hundreds of thousands of school- Institute, the Museum of Contemporary Art, budget agreement by a $26 billion margin. children and adults alike in the great State of the Chicago Cultural Center, the Spertus Mu- Yes, BESTEA corrects several inequities, Illinois and which I am proud to sponsor. seum, the Grant Park Festival Center, the but there are other ways those can be ad- The Museum Campus Chicago, which is in Children's Museum at Navy Pier, Columbia dressed besides setting a spending increase my district, is made up of three world-famous College, and Roosevelt and DePaul univer- precedent so monumental that many other institutions: the Adler Planetarium and Astron- sities. special interest groups will be tempted to seek omy Museum, the Field Museum of Natural The second component of the Museum similar treatment. History, and the John G. Shedd Aquarium. Campus Transportation Project is the creation Yes, BESTEA is generous, but is being so The Museum Campus has a plan to transport of an intermodal transportation center at the generous to ourselves fair to future genera- visitors to its three institutions and others intersection of Indiana Avenue and Roosevelt tions who will have to pay the bill for any defi- along the lake in Chicago on free trolleys pow- Road, which also is endorsed by the City's cits that may result? ered by ethanol. This is a worthy, environ- Lakefront Transportation Study. This center Yes, BESTEA calls for budget cuts to offset mentally beneficial project that will be enjoyed would connect the trolley route to bus routes, those spending increases, but it does not by literally millions of people. And I and others the CTA and Metra stationsÐthe local ele- specify what they are or guarantee that they in the Illinois delegation believe it is exactly vated train and subwayÐand to pedestrian will be in the bill when it is enacted into law. the type of local project that merits Federal walkways. It would also include construction of Yes, BESTEA has state and local appeal ``BESTEA'' start-up funding in order to get it an 850-car decked parking garage nearby. Mr. but, at the same time, it is so expensive and off the ground. Speaker, the intermodal transportation center so replete with demonstration projects that it The Chicago Museum Campus was just cre- will provide easier access to the Museum threatens the nation's fiscal interests. ated through the $92 million relocation of Lake Campus and to other lakefront offerings for all And yes, it may be easier to pass a bill like Shore Drive, a major thoroughfare running visitors using all forms of transportation. BESTEA that increases spending enough to along Lake Michigan in downtown Chicago. The Museum Campus and its City and pri- make everybody happy in the short term than The Museum Campus, which is on Park Dis- vate partners intend to run the shuttle systems it is to adopt a measure that develops prior- trict land, opens officially this June. It totals 57 in the future. They will raise the necessary ities, makes choices and promotes fiscal year acres, including 10 new acres of public park- funds through private contributions, increased responsibility over the long run. land that allow a continuous link between the museum entrance fees, projected parking fees But expediency should not be the determin- three museums, which, Mr. Speaker, already and City funds. ing factor when it comes to surface transpor- draw nearly 4 million visitors a year. The Mu- Mr. Speaker, I hope that you will agree that tation legislation. Instead, our decisions should seum Campus will offer outdoor collaborative this project is the type of project that we at the be primarily based on the very same need for programming and is expected to attract an ad- Federal level are happy to lend a helping hand fiscal restraint and responsibility that caused ditional 1 million visitors a year to the Chicago to. It makes good economic sense, good envi- many of us to seek, and be elected to, public lakefront. It is expected to be one of the coun- ronmental sense, and is an investment in the office in the first place. Otherwise put, that try's most popular destinations. thousands of children and others who want to means taking into account the fact that Uncle Still, while the museums are excited about experience and learn from Chicago's many Sam has been running in the red for 30 years, the rerouting of Lake Shore Drive, they came cultural institutions. This Sunday afternoon, may continue to run in the red if we are not to me because they have serious access the Museum Campus is holding an open careful, and has accumulated a $5.5 trillion problems that could reduce visitorship. I am house for members of the Illinois delegation. I national debt that should be reduced if its for- speaking of problems like the loss of several invite you and others in this Body to come visit bidding consequences are not to hang like the April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1911 Sword of Damocles over the heads of our chil- I also want to commend the Chairman for Mrs. CHENOWETH. Mr. Chairman, I rise dren and grandchildren. returning ``trust'' to the ``trust fund'' in this leg- today in strong support of H.R. 2400, a bill to Like many other Members, I cannot help but islation. It is time that the gas taxes paid by authorize funds for Federal-aid highways, be impressed by what H.R. 2400 could do in our constituents for highway maintenance and highway safety programs, and transit pro- the short term for my state and locality. Not construction be directed to repairing and build- grams. only that but I like the idea of taking the High- ing safer highways for American families. This H.R. 2400 is extremely important to the way Trust Fund off budget, which BESTEA bill achieves that long overdue goal. State of Idaho and its citizens. This legislation would accomplish. However, last year's bal- Mr. Speaker, I urge my colleagues to vote provides a significantly higher level of funding anced budget agreement, which BESTEA in favor of H.R. 2400 and yield back the bal- for surface transportation programs as com- would shred, provides for a 20% increase in ance of my time. pared to the level provided under the short surface transportation spending which should Mr. LEVIN. Mr. Chairman, I rise in support term Surface Transportation Extension Act of be sufficient to fund the most pressing infra- of H.R. 2400, the Building Efficient Surface 1997 which expires on May 1, 1998. structure needs and the most deserving of the Transportation and Equity Act. I do so be- Although the highway program formula used demonstration projects. Moreover, the sanctity cause it is imperative that Congress rectify the to apportion funds to the states under H.R. of the Highway Trust Fund can be restored by longstanding shortfall in transportation funds 2400 fails to fairly and equitably address the reducing gas taxes to the level of annual ap- received by Michigan. needs of rural states, such as Idaho, it is im- propriations rather than by increasing spend- For as long as I've served in the House and portant that Congress pass, and the President ing so as to consume all of those revenues. longer, my state of Michigan has been a donor sign, a new surface transportation act. Furthermore, enactment of H.R. 2400 would state. Along with other donor states, Michigan The State of Idaho support H.R. 2400 albeit appear to be entirely inconsistent with the te- has received far less than our fair share of with some concerns. I include the letter from nets of fiscal responsibility and restraint to transportation funding, averaging just 85 cents the Idaho Transportation Department with this which the majority in this Congress has here- for every dollar we send to the federal govern- statement. tofore adhered. To many, it might smack of ment. Over the last 15 months, I have worked TRANSPORTATION DEPARTMENT, hypocrisy. with the Michigan Delegation, Chairman SHU- March 31, 1998. For all those reasons, I find myself obliged STER, Representative OBERSTAR and others to Hon. HELEN CHENOWETH, U.S. House of Representatives, to oppose this edition of BESTEA. While it is address this longstanding injustice. I believe the bill before us today represents the only Washington, DC. possible that some of its excesses might be Re: House Vote on H.R. 2400 (BESTEA) addressed in conference, there is no assur- available vehicle to bring about a fairer deal DEAR CONGRESSMAN CHENOWETH: As you ance that they will be corrected or that others for donor states like Michigan. Under this bill, know, the House will vote this week on H.R. will not be added. Worse yet, approval of this Michigan's annual highway funding would rise 2400, the ‘‘Building Efficient Surface Trans- bill by the House of Representatives would to $872.3 million a year. That's an increase of portation and Equity Act of 1997’’ (BESTEA). send absolutely the wrong message about our $358 million a year over what Michigan re- The passage of a new surface transportation future fiscal intentions. Accordingly, we should ceived under the 1991 ISTEA law. The basic act is extremely important to the State of formula remains inequitable; Michigan would Idaho and its citizens and I wanted to convey return this bill to committee so that it can be to you our thoughts on this critical vote. scaled back to a level that allows necessary remain a donor state, but at least this legisla- First, we believe you should vote for the infrastructure improvements to be made but is tion is a step in the right direction. passage of BESTEA for two reasons: in keeping with the balanced budget agree- At the same time, I want to reiterate my BESTEA provides a significantly higher ment. Granted, that will not be easy and could chagrin over the failure of the Majority in the level of funding for surface transportation pro- take some time, but far better that than the al- House to put together a budget resolution gram as compared to the level provided under the now expired Intermodal Surface Trans- ternative. Believe me, our children and grand- which would make clear how this bill would fit into the overall budget. Where is the Majority's portation Efficiency Act (ISTEA). The House children will thank us for looking beyond our bill authorizes $218.3 billion in transpor- immediate interests to their prospects as well. budget resolution? Simply put, this process tation funding over a six-year period, an in- Mr. WATTS of Oklahoma. I rise today in puts the cart before the horse. This bill is si- crease of more than 40% over the ISTEA lev- support of H.R. 2400. I commend Chairman lent on the issue of spending offsets to pay for els. SHUSTER for his hard work in constructing a the increased funding of transportation needs. It is very important that Congress passes a bill that recognizes that the nation's transpor- We cannot just pave over the commitment we new surface transportation act as soon as pos- tation infrastructure is in severe disrepair and made last year to live within the framework of sible. States are now operating under the a balanced budget. When 214 of us voted last short-term ‘‘Surface Transportation Exten- that public safety is at equally severe risk. sion Act’’ which expires on May 1, 1998. After The statistics speak for themselves. The year to support the Shuster/Oberstar amend- that date there will be no federal-aid funding number of people killed on our nation's high- ment, we were saying: Yes, we need to spend available to the states. Most transportation ways has risen to 42,000 a year. Every 13 more on infrastructure. Yes, more money has programs will be completely shut down or se- minutes someone loses their life on our na- to be made available to donor states. The dif- verely curtailed. In northern states like tion's highways. Many of these deaths are the ference is that we were willing to pay for it. Idaho and entire highway construction sea- result of road and bridge conditions that are The Republican Leadership in the House is son may be missed entirely. shameful. abdicating fiscal responsibility by continuing to Secondly, we have the following major ob- We have a perfect example of this in my delay a vote on the budget resolution. Unless jection to the content of the House bill which should be corrected in Conference home state of Oklahoma. There is a cross- the House Leadership intends to completely Committee with the Senate: town bridge in Oklahoma City that is in a seri- abandon fiscal discipline, sooner or laterÐand The highway program formulas used to appor- ous state of deterioationÐso serious, in fact, the sooner the betterÐwe're going to have to tion funds to the states under BESTEA do not that the Oklahoma Department of Transpor- come up with the budget offsets to pay for in- fairly and equitably address the needs or char- tation has to examine the structure every 6 creased transportation spending. I regret we acteristics of rural states. An overemphasis is months and has to spend over $300,000 a have not done so before today. placed on factors that favor urbanized states year in patch-work repairs. My vote today in support of the transpor- such as population, contributions to the Now, don't be mistaken. This is not a local tation bill is a vote to continue the process of Highway Trust Fund and total public road addressing the longstanding inequities of the mileage. Urban highway miles and vehicle highway. This is a stretch of Interstate 40Ða miles-of-travel are double counted while major, national East-West corridor that con- current highway funding formulas. The next those in rural areas are not. Local road mile- nects in Oklahoma City with two other Inter- step is for this bill to go to conference with the age and traffic are used as factors in deter- states which connect traffic from Mexico to Senate. I want to make it clear that my vote mining the distribution of funds for the Canada and from coast to coast. This cross- on the final conference report will depend on Interstate and National Highway System town bridge carries more than 100,000 vehi- two factors. First, fair treatment for donor programs, which are both strictly national cles a day, and over 60% of the truck traffic states like Michigan. I will not support any bill and federal in character and use. is from outside of Oklahoma. that does not address the longstanding fund- If you have any questions concerning the With H.R. 2400, the critical repairs can fi- ing inequities borne by Michigan and other Transportation Department’s position on H.R. 2400, please don’t hesitate to call me at nally begin on this important national highway. donor states. Second, my vote on the con- (208) 334–8807. An accident-waiting-to-happen can be recon- ference report will depend on concrete actions Sincerely, structed into a safe, modern highway, and as by the conferees and the Budget Committee DWIGHT M. BOWER, a public official who is responsible for public to bring this bill into line with last year's bal- Director. safety, I can tell you that this gives me a great anced budget agreement, including appro- Mr. DAVIS of Florida. Mr. Chairman, today sense of relief. priate, sound offsets. I rise in reluctant opposition to HR 2400, the H1912 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Building Efficient Surface Transportation and gation Air Quality Program (CMAQ), and non- ment was not ruled in order, but I was heart- Equity Act (BESTEA). Quite simply, this bill is motorized uses such as bike trails. ened by the positive response I received from too much of a good thing. Infrastructure fund- The First Congressional District of Colorado my colleagues on this subject. In fact, I plan ing is critical for the economic future of our na- is one of the top ten fastest growing metropoli- on introducing a bill later this Spring that tion, but this bill goes too far and in doing so tan area in the country and has witnessed un- would help accomplish this goal. breaks the bi-partisan balanced budget agree- precedented demands on its transportation Chairman SHUSTER has been very helpful in ment of last year. We should be debating an system. The need for wise and creative invest- assisting me with moving this proposal along. increase in transportation funding, but we ment in transportation has never been greater In fact, we worked together to add Section should be having this debate first within the for Denver metropolitan area. This legislation 340 in the Manager's Amendment to H.R. context of a budget resolution where we can will address these needs, laying a sound foun- 2400. Section 340 directs the Comptroller analyze transportation needs relative to other dation for federal-local partnership. General to conduct a study to examine the critical domestic priorities. Above all, I believe However, I believe that the offsets for current status of clean fuels technology, which we must keep to the spirit of the balanced BESTEA must not come from important do- is to be completed by the end of 1999. This budget agreement we passed last year. This mestic programs, such as education, environ- study will be reported to the Congress by Jan- year, we have a balanced budget for the first ment or health care. Therefore, I will oppose uary 1, 2000. time in 30 years and today the House is being efforts which seek to sacrifice the progress I am confident that this study will dem- asked to pass a spending bill which blows a this country has made to improve the quality onstrate what numerous major cities in non-at- $40 billion hole in the budget. of life. Congress needs to work in a bipartisan tainment zones already know. The technology Clearly, our states have transportation manner to ensure that these offsets are fair exists to move our mass transit systems to needs that are significantly underfunded and I and appropriate. cleaner burning fuels. These cities are already agree that we should be increasing federal Mr. BILBRAY. Mr. Chairman, I rise today to accomplishing much in this area. San Diego funding for transportation. For my home state express my appreciation to Chairman BUD County made the herculean effort to begin of Florida, this bill does help address the fun- SHUSTER and express my strong support for phasing out its diesel burning buses to natural damental inequities in the current funding for- the provisions in H.R. 2400 that promote the gas buses. By the year 2000, 26% of its bus mula. Under current law, Florida receives an use of clean fuel vehicles and technology in fleet will be using clean fuel technology that average of 77 cents for every dollar sent to public transit, and the incentives it provides already exists. Again, I thank Chairman SHUSTER in work- Washington in gasoline taxes. BESTEA would which allow consumers greater opportunity to ing with me on this vital matter, as well as increase this return to roughly 87 cents on the travel in environmentally sound modes of Chairman BLILEY of the Commerce Commit- dollar. I commend the Chairman and Ranking transportation. tee, who has always given me the opportunity Member for their commitment to addressing The CMAQ, research and development, bus to pursue new methods of improving our air this issue and I urge them to continue to work and bus facility grant provisions of H.R. 2400 are examples of the Committee's effort to quality. on a fairer funding formula to ensuring that Mr. EVERETT. Mr. Chairman, I am proud to every state receives its fair share of transpor- begin coordinating federal transportation policy with federal environmental policy. Giving speak today in support of H.R. 2400, the tation dollars. Transportation Authorization bill. Our nation's Mr. Chairman, despite this improvement in states the opportunity to allow an electric vehi- cle with fewer than two occupants to operate infrastructure has been overlooked and treated the funding formula and the fact that this bill as a low priority for far too long. It is time to in an high occupancy vehicle lane is yet an- funds many worthwhile and important trans- re-invest in our nation's roads, bridges, and other example. portation projects, I must oppose it based on other surface transportation needs. By improv- the overall levels of funding. I believe we can Mr. Speaker, as you know, promoting poli- cies which improve our air quality is a subject ing and properly maintaining our infrastructure, and must find a way to increase transportation we will enhance new growth opportunities, funding without abandoning fiscal responsibil- near and dear to my heart. As a former mayor, county supervisor, member of my re- commerce, and safety. I believe this legislation ity. This bill does not offset the increases in meets many of these goals. gional air resources board, and member of our spending, leaving it only to a promise of fu- In addition, the regional distribution of gas county mass transit authority, I understand the ture, unidentified cuts in other programs. Fur- tax and user fees are more properly allocated thermore, the overall levels of funding under difficulties local governments and the private among all 50 states in this bill than in the past. this bill set up a fiscal train wreck in the com- sector face in meeting federal mandates. I As a member of the Donor State Coalition, ing years as Congress will have to make mas- saw first hand how the federal government this represents a hard fought victory for those sive cuts in other domestic priorities to main- subsidized polluting fuels, while at the same states, like Alabama, that have been paying in tain a balanced budget. time heavily regulating small businesses over more in gas taxes than they have received in When I was elected to Congress, I was their emissions levels. Small businesses, local federal highway funds. I pledge to continue in skeptical that this body had the fiscal restraint governments, and consumer vehicles have my efforts to see that donor states ultimately to balance the budget. This past year, I had stepped up to the plate. It's time the Federal receive a 95% overall rate-of-return and fur- hope that things had changed. We worked to- government do its share. ther that these states receive a rate-of-return gether to pass a tough balanced budget act in How many times have you been driving of 100% of the fund distributed to states. a bi-partisan manner and proved to the Amer- down the street and saw black smoke belch- Perhaps most importantly, H.R. 2400 ad- ican people that we were serious about ending ing out of a bus and that black soot entering dresses the infrastructure priorities of the decades of deficit spending. Now, no sooner into the air? Ninety percent of all bus pur- State of Alabama. Of our Governor's top high- than the Congressional Budget Office has cer- chases are paid for with federal dollars. While way priorities, I am pleased to say that two of tified that we have balanced the budget with the federal government has been paying for these projects are located in my district in the possibility of surpluses for the near future, these polluting vehicles, small companies, Southeast Alabama. The bill provides addi- Congress is rushing out to spend tens of bil- local governments and the private sector have tional funding, at my request, for both the lions of dollars that we simply do not have. been reducing their emissions levels, often- Montgomery Outer Loop project and the Mr. Chairman, I urge my colleagues to reaf- times under the threat of severe punitive ac- Dothan I±10 Connector. firm this Congress's commitment to fiscal re- tion. It's time that the federal government lead Once completed, the Outer Loop will link I± sponsibility and vote no on HR 2400. by example and operate under the same set 85 with I±65 and U.S. 80. This will allow for Ms. DEGETTE. Mr. Chairman, I rise today in of clean air rules we require of everyone else. more orderly growth in and around Montgom- support of H.R. 2400, the Building Efficiency Yesterday, I testified before the Rules Com- ery, our state capital. The eastern side of and Surface Transportation and Equity Act mittee in order to offer an amendment which Montgomery is experiencing the most rapid (BESTEA). This legislation provides a total of would have phased out the spending of fed- growth of the area, so construction of this over $218.3 billion over six years for federal eral dollars in this bill on polluting fuels in outer loop project will ease the burdens cur- highway and transit programs. This funding is mass transit. This amendment would have rently placed on our existing transportation much needed and overdue, and will provide simply required that any federal funds in the routes. Americans with a stronger transportation infra- bill which were to be spent on mass transit ve- The Dothan project will connect Dothan with structure. hicles must be spent on technologies which Interstate 10 in northwest Florida. Additionally, The effects of BESTEA are clear. It will meet EPA's definition of clean fuel technology. this freeway will serve as an important link be- save lives by improving the safety of our high- This amendment would not have been retro- tween Fort Rucker, home of the U.S. Army ways, and will improve the environment by active, and would have only applied to future Aviation Warfighting Center, and the interstate emphasizing mass transit, the Congestion Miti- vehicle purchases. Unfortunately this amend- system. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1913 Both of these projects are essential in meet- Our infrastructure is crumbling around us. In port of the Building Efficient Surface Transpor- ing the increasing demands in these rapidly my home State of Illinois, for example, a quar- tation and Equity Act. I want to thank the growing and developing areas. Further, as pri- ter of all the bridges are structurally deficient. Chairman of the Transportation Committee, orities of the state transportation officials, Forty-three percent of road in Illinois are in Mr. SHUSTER and the Ranking Democrat Mr. these projects are in the state's long range poor or mediocre condition. Driving on these OBERSTAR for their strong leadership in getting plan and are thereby assured of receiving the roads costs Illinois motorists $1 billion a year this bill to the floor today. BESTEA as the bill requisite state matching funds. in extra vehicle operating costs. That is $144 is also known, will authorize $218 billion over Mr. Chairman, this legislation represents a per driver. These statistics are shameful. As six years for federal highways and mass tran- balanced blue print for renewing American's we enter the next millennium, we cannot allow sit programs. It would also modify highway highway infrastructure and safety needs over our nation's infrastructure to languish in the funding formulas to ensure that each state re- the next six years. I am confident that the past. We have ignored these problems for too ceives 90% of the amount it pays to the fed- funding commitments of the bill will remain long. eral government in gas taxes. within our balanced budget structure, and I As a Member of the Transportation and In- I also want to strongly urge my colleagues urge its adoption. frastructure Committee which crafted this bill, to support continuation of the Department of Mr. ADERHOLT. Mr. Chairman, I rise in I know this bill is a solid piece of legislation. Transportation's Disadvantage Enterprise Pro- support of H.R. 2400, the Building Efficient H.R. 2400 will enable us to bring our transpor- gram, (DBE). This is an issue that is of the ut- Surface Transportation and Equity Act. I com- tation needs into the 21st Century. Under this most importance to the President. And it is a mend Chairman SHUSTER and Ranking Mem- bill, highways and transit systems will operate program that was first enacted for highway ber OBERSTAR for their work in crafting legisla- more efficiently. People and goods will travel transit construction projects under President tion that meets the transportation needs of this more safely because of the highway safety Reagan. nation. programs and initiatives under this bill. I will It is an equal opportunity program which For the last six years Alabama has received promote a cleaner environment and decrease uses flexible goals established by state and an average of $330 billion per year for trans- the red tape associated with environmental local transportation programs to ensure that portation. When this bill becomes law Ala- regulations. small businesses owned by women, minorities bama will receive $552 billion per year. This I realize that many have criticized the high and other disadvantaged individuals have a will mean a 67% increase and brings a level priority projects included in this bill. They call fair chance to compete for federal transpor- of fairness for Alabama since we have been these projects ``pork.'' However, I would like to tation contracts. getting the short end of the stick on transpor- clarify that these projects are included only Whether we believe so or not, it is a fact tation funding. Fairness in this process is cru- after consulting with local elected officials, that minorities and women continue to face cial to ensure our roads and bridges are as local highway departments and state depart- discrimination on a daily basis. We must not we move into the 21st Century. ments of transportation about the transpor- turn the clock back on this segment of our However, I am most pleased with the cre- tation needs of communities. Republicans population by eliminating a program that, since ation of a specific category for the Appalach- espouse the need to give control back to the its inception, has significantly increased the ian Development Highway System (ADHS) for localities. That is exactly what these high pri- percentage of women and minority-owned the first time. The Fourth Congressional Dis- ority projects are all about. The local govern- construction firms. trict of Alabama contains very few miles of We must defeat the Roukema amendment four lane highways. Unfortunately, the Inter- ments know what their transportation priorities and protect economic opportunity for women state Highway System did not include a route and needs are. By including funding for local and minorities. to connect Birmingham, Alabama with Mem- projects in H.R. 2400 we are allowing local In conclusion, Mr. Speaker, I want to thank phis, Tennessee. This is an unacceptable and regional officials to decide on and meet the Chairman of the Surface Transportation omission from the Interstate Highway System their own transportation needs. Further, the Thankfully, the Appalachian Development authorization for high priority projects is only 5 Subcommittee for his willingness to support Highway System includes Corridor X which percent of the total funding in the bill. No pro- the transportation needs of my constituents. I will connect these two cities, and runs through grams in the bill are compromised at the ex- also want to especially thank my colleague the North Alabama, In addition, the system in- pense of including high priority projects. Ranking Member of the Surface Transpor- cludes Corridor V which connects with Cor- In my district in Southwestern Illinois these tation Subcommittee Mr. RAHALL, for his help ridor X in Alabama and runs through North projects are critical to meet the transportation as well. Alabama to Chattanooga, Tennessee is part of needs of many communities. For example, the I urge my colleagues to support this bill the Appalachian Development Highway Sys- MetroLink light rail system provides a vital which will serve as the engine to further drive tem. transportation link for commuters and travelers our nation's economy into the 21st century Category funding for the Appalachian Devel- in the St. Louis-MetroEast area. Under this and beyond. opment Highway System is crucial to expedite bill, MetroLink will be expanded from East St. Mr. PACKARD. Mr. Chairman, H.R. 2400, completion of these two highways. Tradition- Louis to Belleville Area College and then to the Building Efficient Surface Transportation ally, the Appalachian Development Highway MidAmerica Airport. When this extension is and Equity Act of 1997 (BESTEA), provides System has had to rely on the annual appro- complete, the region's two airports, St. Louis- much-needed funding for the improvement priations process. Corridor X and Corridor V Lambert International in St. Louis, MO and and renewal of highways across the country. fared well in some years, but other years they MidAmerica Airport in St. Clair County, Illinois I support this legislation because, as I see it, received little, if any funds. will be linked by one light rail line. MetroLink, it is the first step towards improving our infra- This made it difficult for long term planning whose ridership has surpassed all expecta- structure. However, I would like to share my and has needlessly delayed completion of tions, has had an enormous impact on the en- concerns that this legislation does not provide both highways. In fact the Appalachian Devel- vironment, transportation efficiency and eco- taxpayers in states like California with a fair opment Highway System is only 78% com- nomic development in my district and the en- share in federal transportation funding. This is plete while the Interstate Highway System is tire St. Louis metropolitan region. It is pre- an issue that we cannot ignore and must ad- 99% complete. cisely projects like these that are so important dress in the near future. Category funding ensures a stable source of in this bill. These projects are vital to commu- Under BESTEA, Californians will pay $22 funding that will complete the corridors in Ala- nities. billion towards federal highway funding, but bama and throughout the thirteen states of Mr. Speaker, this is a good bill. We must will only be guaranteed $19 billion in return. Appalachia. I urge all Members to move this pass this bill so critical infrastructure funding We must stop asking California taxpayers to bill to Conference so we can complete this can get to our states. This bill is not about pay for highway and infrastructure improve- process before we lose additional time during pork! It is about improving our transportation ments that they may never see. They should the annual construction season. policies so that Americans and our goods can not constantly be forced to sacrifice their hard- Mr. COSTELLO. Mr. Chairman, I rise in travel efficiently and safely throughout our na- earned money to projects in some other town, strong support of H.R. 2400, the Building Effi- tion. in some other state. cient Surface Transportation and Equity Act. Let's pass this bill today so we can get it to As it stands, communities throughout Cali- This bill reauthorizes highway, mass transit the President before funding expires on May fornia are struggling to maintain their infra- and highway safety programs for six years. By 1. I urge my colleagues to join me in voting in structure. For many quickly growing commu- passing this legislation we will be renewing favor of H.R. 2400. nities, it is nearly impossible to keep up, and our commitment to investing in America's in- Ms. CHRISTIAN-GREEN. Mr. Chairman, I this is not only unfair for taxpayers, it is be- frastructure. rise today to join my colleagues in strong sup- coming unsafe. H1914 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Mr. Chairman, while I support BESTEA, I we are voting on today, which is truly biparti- the intrastate transport of hazardous agri- urge my colleagues to keep California and san and reflects a commitment to ensuring the culture inputs from retail facility to farm, farm other ``donor states'' across the country in continued viability of our national highway in- to farm, and from farm to facility. My own mind when voting on this and related legisla- frastructure. home state of Illinois is one of these states, tion. Let's not wait to address this dilemma I want to take a few moments to express my and despite having such an exception, the Illi- and find a funding formula that is fair for Cali- support for an important domestic renewable nois Department of Transportation (IDOT) has fornia taxpayers. energy program that, unfortunately, is not in- closely monitored the agricultural community Mr. PASTOR. Mr. Chairman, I rise today to cluded in this bill, but which I hope to see in- to ensure its safety. In nearly fifteen years, express my strong support for the Indian Res- cluded in the final ISTEA reauthorization con- IDOT has yet to find a reason to revoke these ervation Roads program (IRR). As the House ference report. This program is the Federal exceptions. considers BESTEA, I urge the conferees to Ethanol Program. In early 1997, the Research and Special fully support the Senate amount of $250 mil- Ethanol is a very important, value-added Programs Administration (RSPA) of the U.S. lion annually for the program. market for agriculture, providing a critical eco- Department of Transportation finalized its HM± The needs of the Native American commu- nomic stimulus throughout the Midwest. 200 rule. This rule forces states to implement nity are often overlooked and under funded. Today, the third largest use of corn is for etha- the same standards for all intrastate HAZMAT The conditions of reservation roads are the nol production, behind only feed and export transport as they do for federally regulated worst in this country and immediate attention uses. Ethanol production utilizes approxi- interstate transport. As a result, states which and funding is badly needed in order for tribes mately 7 percent of the nation's corn corp, in- already have exceptions in place would lose to attract economic development. We must not creasing farm income and generating tremen- them, as HM±200 would preempt their exist- ignore these needs. dous economic activity both within rural Amer- ence. Other states which do not already have In the bill under consideration today, the ica and nationwide. exceptions in place would lose the ability to House has authorized up to $212 million an- The use of ethanol also lessens our de- provide one to their retailer community. De- nually for the IRR program. While I am pendence on foreign oil. Today, we depend on spite a petition signed by a 48 member coali- pleased that the Committee recognized the oil imports to meet more than 54% of our con- tion asking the U.S. Department of Transpor- need for an increase in the program, I am sumption. Using ethanol decreases the de- tation (DOT) to reconsider this aspect of its hopeful that the Committee will recede to the mand for oil, thus increasing our energy inde- HM±200 rule, and numerous letters to RSPA Senate's amount of $250 million annually for pendence and safeguarding against problems expressing industry sentiment, the administra- the IRR program. I believe that this modest in- in the volatile Middle East. tion refused to re-examine its position of the crease is essential to the continued economic Ethanol provides tremendous environmental HM±200 rule. progress and improvement of our nation's trib- benefits, including a reduction of harmful emis- Included within H.R. 2400 is language which al communities. sions of carbon monoxide, ozone, and would preserve the rights of states to provide Again, I urge the conferees to support this toxicities. Ethanol can also alleviate concerns HAZMAT transport exceptions for retailers and vital program for Indian reservations. about climate change and rising greenhouse farming communities. This language by no Mr. POMEROY. Mr. Chairman, I rise today gases. A recent study completed by the Ar- means mandates nationwide exceptions, it in reluctant opposition to H.R. 2400, the Build- gonne National Laboratory found that use of only provides the option for states to provide ing Efficient Surface Transportation and Equity corn-ethanol results in a 50±60 percent reduc- them. Supporting this language are a wide bi- Act (BESTEA) which reauthorizes federal tion in fossil energy use and a 35 to 46 per- partisan array of House members from across highway spending. States desperately need cent reduction in greenhouse gas emissions. the country, as well as a 57 member industry adequate resources to keep pace with the The benefits of Ethanol are well docu- coalition representing every aspect of the agri- stresses placed on their transportation infra- mented, and I believe it is crucial for the fed- cultural community. structure. While I am supportive of increased eral government to maintain a strong ethanol Mr. Chairman, I am pleased that you have funding for transportation infrastructure, I be- policy. Mr. Chairman, I hope that, as this bill joined me in supporting this language which lieve the bill before us today contains a flawed moves forward, you can support the Senate will prevent the federal government from im- funding formula which leaves rural states with- language on ethanol. posing yet another onerous burden on states. out the resources to address their transpor- Additionally, Mr. Chairman, I would like to The US DOT has produced no studies or acci- tation needs. take this opportunity to discuss the ramifica- dent reports to substantiate the policy of deny- Highway funding is vitally important to every tions of a rule, finalized by the U.S. Depart- ing exceptions to retailers. In fact, the US state in America, especially my state of North ment of Transportation last year, known as DOT has joined several other public interest Dakota since we have more miles of road per HM±200. This rule needlessly imposes the will groups to counter our efforts with respect to capita than any state in the nation. Highways of the federal government upon states with re- HM±200. The Agency has consistently at- are the lifeline of our economy, providing a gard to the regulations governing the transport tempted to substantiate this position by using means to transport commodities to market and of Hazardous Materials in the agriculture in- the results of accident reports for interstate linking the distance between our cities and dustry. Mr. Chairman, this Committee and this commerce. towns. Congress are right to take action to prevent This agriculture industry and the large, long- This bill unfortunately short changes several the usurpation of state's rights and the result- haul vehicles carrying thousands of gallons/ rural states. Large rural states face unique ing effect to commerce and safety of a rule lbs. of hazardous agents at high rates of challenges in maintaining, repairing and build- which is not supported in its conclusions by speed down interstate highways have virtually ing their transportation network. However, the any evidence of improved safety, or any con- nothing in common, and therefore accident funding distribution formula contained in the sideration of its impact on the community it statistics for one do not relate to the other. bill results in a drop in total spending for North seeks to protect. Under HAZMAT rules, placarding, shipping pa- Dakota and other rural states from the existing The farmers who produce the many crops pers and toll-free 800 emergency response formula. Under BESTEA, North Dakota would that form the basis of the American agricul- phone numbers are to be utilized as a meas- receive $34 million a year less than what it tural economy rely on agricultural production ure to help in responding to a spill or fire. would receive if the bill were enacted using materials to aid in the development of a However, within agricultural communities, the existing formula. Maintaining a sound and healthy and robust harvest that is the safest emergency responders are typically volunteers efficient transportation network across the and most abundant in the world. These mate- who are intimately familiar with the types of country depends on adequate funding for both rials are sold by, delivered and applied by ag- materials involved with production agriculture urban/suburban and rural areas. ricultural retailers who are among the most ex- and who would have few problems in identify- The transportation bill which passed the perienced men and women in the country in ing the agents involved in this type of incident. Senate contained a funding formula which handling these types of materials. The rigors Mr. Chairman, this language within H.R. strikes a balance between the competing inter- of continuous training and a lifetime of experi- 2400 is sorely needed. It is estimated that ests of urban/suburban and rural areas. I am ence have taught them how to safety store, compliance with HM±200 could cost the aver- hopeful that as the conference committee be- transport, and apply hazardous agricultural in- age retail facility $12,300. In addition to being gins work on the two bills that we can reach puts. an out-of-pocket cost to the retailer, this is a funding formula that recognizes the unique As a result, some states with a large agri- going to be yet another expense that is aspects of rural states. cultural economy have given the retail commu- passed along to the American farmer, who Mr. EWING. Mr. Chairman, I would like to nity an exception to complying with Hazardous every year, sees his or her margins continue commend the Chairman for the highway bill Materials (HAZMAT) transport regulations for to shrink as the result of increased costs and April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1915 government intervention. I appreciate and transportation problem. This proposal is not Economic costs to motorists caused by poor gladly thank the Chairman and the other mem- only about transportationÐit is also about the roads and highways: American motorists suf- bers of this committee for the inclusion of this economic development and empowerment fu- fer expenses of $21.5 billion annually in vehi- language in H.R. 2400, and would hope that ture of our communities. cle operating and maintenance costs due to as this legislation moves into conference that Mr. LAHOOD. Mr. Chairman, funding levels: damage caused by driving on poor roads. This we would all endeavor to ensure its inclusion $217 billion total over the next six years; $181 translates to costs of $122 per driver. in the conference report. million for highways and highway safety; and General economic benefits of road and Ms. VELAÂ ZQUEZ. Mr. Chairman, I rise $36 billion for transit. highway investments: FHWA estimates that for today on behalf of myself and my distin- Illinois will receive nearly 36 percent more every $1 billion in highway investment, 42,100 guished colleague from New York, Mr. TOWNS. per year under BESTEA. jobs are created. Every dollar invested in the Today is a very significant day for the resi- Illinois received $684 million per year under Interstate Highway System generates $6 in dents of my congressional district and for the ISTEA and will now receive over $1 billion per economic returns. constituents of Congressman TOWNS. We year under BESTEA. BESTEA solutions to poor quality roads: have worked tirelessly for years with the com- Illinois needs: According to IDOT, more than Section 113 of BESTEA provides a formula munities in Brooklyn surrounding the Gowanus 98 percent of highway and bridge funding will and discretionary grant program that will pro- Expressway to find the best solution to the have to be allocated to the repair of existing vide significant amounts of money over the congestion and dilapidated condition of this roads and bridges over the next five years. next 6 years to repair and resurface high cost major highway and key component in the New For the first time in 14 years, the number of interstate highways: $165 million for FY '98; York area's transportation network. These road miles considered to be in poor condition $412.5 million for FY '99; $670 million for FY residents have patiently asked that a full study will increase from 2,300 miles to 4,300 miles. '2000 through 2003. of alternatives to the planned reconstruction of 10,681 miles are considered to be in poor or These funds would be available to fund 1 the Gowanus Expressway be conducted. mediocre conditionÐthis is roughly ¤3 of the ``major reconstruction or improvement projects 1 For the economic viability of the area and total federal aid miles for Illinois (i.e., ¤3 of Illi- on the Interstate system. In order to be eligi- the environment health of the families living nois' federal aid highway miles are in poor or ble, a project must cost over $200 million or near this planned reconstruction, it is crucial mediocre condition). cost more than 50% of a State's Federal-aid that the impact on the surrounding commu- Illinois Citizens for Better Highways released highway apportionments.'' The project must nities be adequately assessed. For these rea- a report that concluded that rural road repairs, also be ready to go to construction. sons, I thank the Transportation and Infra- upgrades and bridge replacements are under- Mr. BURTON of Indiana. Mr. Chairman, this structure Committee, particularly Chairman funded b7 $227 million annually. historic bipartisan legislation restores the word For example, Tazewell County, alone, will SHUSTER, Chairman PETRI, Ranking Member trust to the Highway Trust Fund. For years the need $8.3 million over the next five years for OBERSTAR, and Ranking Member RAHALL, for Congress has spent money dedicated to High- highway and bridge rehabilitation. understanding these concerns and supporting way Trust Fund on wasteful government pro- IDOT estimates that 42 percent of county our proposal. grams, at the expense of our National trans- roads and 51 percent of township roads are The Building Efficient Surface Transpor- portation infrastructure. A trust fund is exactly substandard. tation and Equity Act finally responds to the Special additional federal funding is needed that, a trust fund. Whether it is the Transpor- pleas of these New York neighborhoods. H.R. so that Illinois can restore and maintain such tation Trust Fund or the Social Security Trust 2400 authorizes $24 million dollars for New important roadways as the Stevenson Ex- Fund, we need to restore the trust. York State to conduct a Major Investment In addition, BESTEA, goes a long way to- pressway and I±74 running through Peoria. Study (MIS) of the Gowanus Expressway Cor- Stevenson Expressway repairs are expected wards restoring funding equity to donor states ridor. None of these funds may be used to to cost $567 million; I±74 rehabilitation and re- like Indiana. The historic shortfall and inequity supplement or finance any part of the currently construction is expected to cost $193.6 million. in Federal transportation funding in Indiana proposed rehabilitation and reconstruction of National needs: The demand for high cost has left Hoosiers with an old, congested, and the highway. The intent of the funding is to interstate highway reconstruction funds has inadequate infrastructure. Allowing the gaso- provide for an MIS to determine the short and outpaced the money available by more than 9 line taxes paid by Hoosiers to be spent in Indi- long term social, economic and environmental to 1. ana will allow Indiana to modernize our trans- benefits and costs of different alternatives to In FY '96 alone, 18 states requested $687 portation infrastructure for the 21st century. rebuilding the current elevated highwayÐin- million in project work, while only six states This legislation distributes funds more equi- cluding a tunnel. were awarded a total of $66 million in funding. tably among States under the revised funding The MIS will include Phase I to IV civil engi- Limited funds meant that $621 million in re- formulas. I want to thank and commend Chair- neering and design documents so as to accu- quests went unfunded in 1996. The current man SHUSTER, Ranking Member OBERSTAR rately determine the initial and long term fiscal, ISTEA I±4R (reconstruction, rehabilitation, re- and the Members of the Committee for their environmental, social and economic costs of surfacing and repair program) level is averag- hard work and encourage them to fight to replacing the current elevated structure of the ing only $63 million per year. maintain the equity levels in this bill when this Gowanus with a tunnel. This analysis will in- In 1993, almost 32 percent of the Interstate legislation is debated in conference. clude a complete engineering study, including pavement was in poor or mediocre condition, Mrs. CAPPS. Mr. Chairman, I rise in support hydro-geologic study and the cost of tunnel and 60% of the nation's major roads are con- of this important legislation. The bill before us connectivity with bridges and tunnels adjacent sidered by the federal government to be sub- provides much needed funding for critical to the corridor. standard and in need of repair. transportation projects across the country. Using the methodology devised in the ``West The FHWA estimated that $202.6 billion For a long time now, many of us here today Brooklyn Traffic Calming Study'' CMAQ pro- ($10.1 billion annually) is needed over the have spoken about the need to rebuild critical posal, the MIS will devise mitigation measures next 20 years to maintain the 1993 conditions parts of our transportation infrastructure. Pot- to reduce current and future traffic diversions and performance of the Interstate system. Of hole-filled roads, crumbling and dangerous from the Gowanus Expressway in adjacent that amount, 40 percent would be needed just bridges, and inefficient and outdated transpor- neighborhoods. Additionally, the MIS will in- for system preservation. tation systems have crippled the economy of clude an assessment of service improvements In order to preserve today's pavement qual- many parts of our country. We must contin- to all subway lines needed to produce an in- ity, 100,000 miles of roads would have to be ually rebuild our infrastructure if we are to en- crease in ridership and reduction in motor ve- restored every year. sure that our economy remains strong into the hicle traffic in the Gowanus corridor before, Safety hazards caused by poor roads and next century. during and after the reconstruction of the high- highways: According to the Keep America In addition, this bill maintains several critical way. Upon completion of the MIS and tunnel Moving Coalition, ``Substandard designs, out- programs to ensure that we are doing more alternative study, any remaining authorized dated safety features, poor pavement quality than just paving roads. In particular, I am funds should be held for the future planning and other road conditions are a factor in 30% pleased that the bill contains the ``enhance- and design phase of the Gowanus project. of all fatal highway accidents.'' ment set-aside'' provision which allows states The Gowanus MIS Project is part of a FHWA has found that converting two-lane to use these funds for pedestrian walkways, sound national and regional transportation pol- roads to four-lane roads with a median de- bike lanes, scenic easements and other pres- icy. With this transportation proposal, the creased traffic deaths by 71%. Widening a ervation activities. In addition, this bill contin- Gowanus neighborhoods are one step closer two-lane road by just two feet reduces acci- ues the Congestion Mitigation and Air Quality to real answers to this long-standing local dents by 23%. Improvement program, which provides funding H1916 CONGRESSIONAL RECORD — HOUSE April 1, 1998 to areas with air pollution problems for reduc- as a low priority for far too long. It is time to innovations in the private sector to develop ing traffic congestion. It is critically important re-invest in our nation's roads, bridges, and breakthrough technologies that substantially that this legislation continues to support alter- other surface transportation needs. By improv- reduce air pollution. With dwindling Federal re- native transportation systems that address ing and properly maintaining our infrastructure, sources, states need this vital option to meet quality of life issues and will help preserve our we will enhance new growth opportunities, clean air requirements. environment. commerce, and safety. I believe this legislation The CMAQ program is intended to promote Mr. Chairman, a lot has been said about the meets many of these goals. projects and strategies that will assist states in special projects in this bill. I believe strongly In addition, the regional distribution of gas the attainment of ambient air quality standards that any Federal spendingÐbe it for transpor- tax and user fees are more properly allocated for ozone and carbon monoxide. Cars and tation, education or health careÐhas to be an among all 50 states in this bill than in the past. other transportation account for one-third of efficient and responsible use of our tax dollars. As a member of the Donor State Coalition, greenhouse gas emissions. Because of this, I know that the projects I have requested and this represents a hard fought victory for those we have a responsibility to aggressively pro- received funding for in this bill meet that test. states, like Alabama, that have been paying mote technologiesÐsuch as non-traditional All of these projects are widely supported in more in gas taxes then they have received in fuelsÐthat can combat some of the negative my district and address critical local needs federal highway funds. I pledge to continue my effects of our progress. States must find new such as safety and promoting alternative efforts to see that donor states ultimately re- and innovative means of attacking their air transportation. ceive a 95 percent overall rate-of-return and, quality problems associated with congestion For example, this bill provides $8 million for further, that these states receive a rate-of-re- and transportation. Our amendment would en- the widening of dangerous Highway 46 in the turn of 100 percent of the funds distributed to ergize community stakeholders to promote co- northern part of my district, as my husband states. operative efforts with the scientific, industrial, had requested last year. This road is most in- Perhaps most importantly, H.R. 2400 ad- and other such organizations that can bring famously known as the road that James Dean dresses the infrastructure priorities of the unique capabilities to the table that develop was killed on some 40 years ago, but to my State of Alabama. Of our Governor's top high- new ways to reduce emissions. constituents it is known as the road that is way priorities, I am pleased to say that two of I am proud to say that one such innovative dangerous for them today. Since 1992, 48 these projects are located in my district in non-traditional fuel has been developed in Ne- people have died on this road and nearly 700 Southeast Alabama. The bill provides addi- vada. This small startup companyÐA±55 have been injured due to the volatile mix of tional funding, at my request, for both the Clean FuelsÐhas developed a water-phased traffic that uses this road, which includes Montgomery Outer Loop project and the hydrocarbon fuel emulsion, which, because of school buses, trucks going back and forth Dothan I±10 Connector. its unparalleled ability to fight the pervasive air from the coast to the Central Valley, farm and Once completed, the Outer Loop will link I± pollutant NOX, warrants special consideration. ranch traffic, and daily commuters. 85 with I±65 and US 80. This will improve traf- Tests of this innovative fuel are being per- This road has been such a problem a local fic safety and allow for more orderly growth in formed around the country on a wide-range of citizens group, called ``Fix 46,'' was formed to and around Montgomery, our state capital. applications including cars, trucks, and buses advocate for improvements. Through their ef- The eastern side of Montgomery and sur- to confirm performance and environmental forts some progress has been made on Route rounding area represent one of the most rap- benefits. EPA has verified these tests. The po- 46, such as implanting rumble strips and an idly growing regions in the state, so construc- tential of this fuel to reduce dangerous air pol- enhanced Highway Patrol presence. But as it tion of this outer loop project will ease the bur- lution is enormous. Therefore, it is important to has been pointed out to me by everyone from dens currently placed on our existing transpor- include this fuel as an eligible activity for the leaders of ``Fix 46,'' Mary Chambers and tation routes. CMAQ funding because: Tom Rusch, to the California Highway Patrol, The Dothan project will connect Dothan with NOX, one of the major building blocks of these are only short-term fixes and widening Interstate 10 in northwest Florida. Additionally, ozone and particulate matter, is reduced from the road is a necessity. this freeway will serve as an important link be- 50% to 80% by using the fuel. Soot and The funding for this road is going to the type tween Fort Rucker, home of the U.S. Army smoke are also reduced. of community that is too often forgotten in Aviation Warfighting Center, and the interstate It is market driven, offering consumers a WashingtonÐsmall, rural and out of the wayÐ system. fuel that is cost competitive and often less ex- and I am very proud that I have been able to Both of these projects are essential in meet- pensive than diesel and gasoline. help them help build a safer and more produc- ing the increasing demands in these rapidly The fuel is safer than traditional fuels. It tive community. growing and developing areas. Further, as pri- does not readily ignite outside the combustion In addition to the Hwy 46 funding, this bill orities of the state transportation officials, chamber making it ideal for school buses, also provides targeted funds for locally sup- these projects are in the state's long range trucks and all vehicles that traverse our na- ported, fully vetted and important local trans- plan and are thereby assured of receiving the tion's roadways. portation projects such as the installation of requisite state matching funds. Decision-makers need every possible alter- emergency call boxes on secluded Highway Mr. Chairman, this legislation represents a native in their tool kit to address air pollution. 166 near Santa Maria and the upgrade of the balanced blue print for renewing America's Non-traditional fuels must play a critical role in 332 call boxes throughout Santa Barbara highway infrastructure and safety needs over the CMAQ program so that states can meet County to make them all handicapped and ac- the next six years. I am confident that the their clean air responsibilities and at the same cessible. This legislation will also allow the city funding commitments of the bill will remain time, allow their citizens and their economy of Guadalupe and the county of Santa Bar- within our balanced budget structure, and I the freedom to grow. Our amendment would bara to undertake some much needed repav- urge it's adoption. capitalize on the power of the private sector to ing work, and the city of Santa Maria to fund Mr. ENSIGN. Mr. Chairman, I would like to provide innovations, like A±55, that both same three new bikeway segments. take this opportunity to thank Chairman Shu- money and reduce emissions. In addition, this bill also will provide funds ster and Chairman Petri for their leadership in Mr. OXLEY. Mr. Chairman, I rise today in for a traffic calming project and pedestrian bringing the needed reauthorization of the strong support of H.R. 2400, the Building Effi- boardwalks in the coastal cities of Grover Intermodal Surface Transportation Efficiency cient Surface Transportation and Equity Act Beach and Pismo Beach, and for road recon- Act to the floor. The efficient movement of (BESTEA). struction in Arroye Grande. Finally, funds are commerce and people is among the keys to a In my district, and in the districts of many of included for a street widening project in San successful free market economy. my colleagues, the rural highways that have Luis Obispo and for road widening and bike This bill transcends simple infrastructure de- served our nation since the mid-fifties are no lane installation south of the city. velopment and advocates innovative strategies longer capable of serving the growing number I am strongly in support of this legislation as to fight air pollution caused by congestion. I of cars and trucks that use them everyday. it responds to needs across the country and to am pleased that my Nevada colleague, Mr. Additionally, many of these highways often specific transportation needs on the Central Gibbons, and I were able to include language prove to be hazardous, and unable to meet Coast. I urge my colleagues to support this that will provide states with more flexibility in the needs of the small towns and growing important bill. the use of their CMAQ allocations. Our pro- economies that they serve. Adding to this Mr. EVERETT. Mr. Chairman, I am proud to posal will afford states the opportunity to lever- problem is the fact that more often than not speak today in support of H.R. 2400, the age Federal funding with private dollars rural highways are overlooked when upgrade Transportation Authorization bill. Our nation's through the establishment of public-private decisions are made in favor of major interstate infrastructure has been overlooked and treated partnershipsÐjoint ventures that will release projects that serve large metropolitan cities April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1917 and constituencies. U.S. Rt. 30 that runs ance in improving other aspects of transpor- H.R. 2400 through my district is a perfect example of this tation that enhance the aesthetic of our local Be it enacted by the Senate and House of Rep- growing problem. landscapes and improve the quality of our air. resentatives of the United States of America in As a major east-west thoroughfare U.S. 30 I am pleased that CMAQ and Recreational Congress assembled, is a integral trucking route serving the northern Trail Program funds were included in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. half of Ohio between I±70 and the Ohio Turn- BESTEA. (a) SHORT TITLE.—This Act may be cited as pike. Over the years this narrow two-lane It is important to note that BESTEA provides the ‘‘Building Efficient Surface Transportation and Equity Act of 1998’’. stretch of highway has logged a disturbing this critical assistance to cities, towns, and (b) TABLE OF CONTENTS.— number of automotive accidents, which, when neighborhoods across our country in a fiscally Sec. 1. Short title; table of contents. combined with the increase in truck traffic and responsible manner. As a strong balanced Sec. 2. Definitions. lack of sufficient shoulder room, has all too budget advocate, I am supportive of the re- Sec. 3. Savings clause. often led to fatalities. With truck traffic on this quirement that any spending increases in TITLE I—FEDERAL-AID HIGHWAYS route up 11 percent since 1994, much of BESTEA must be off-set. As a cosponsor of Sec. 101. Amendments to title 23, United States which can be attributed to an increase state the Truth in Budgeting Act in both the 104th Code. tolls elsewhere that forced many trucks to re- and 105th Congress, I am pleased that Sec. 102. Authorization of appropriations. route to rural thoroughfares like US 30, the BESTEA addresses a tax fairness issue by Sec. 103. Obligation ceiling. need for a four-lane upgrade has never been moving the Highway Trust Fund ``off-budget'' Sec. 104. Apportionments. Sec. 105. Interstate maintenance program. more critical. I support BESTEA because it will beginning in FY 1999. Currently, with this fund Sec. 106. National Highway System. give Ohio the needed resources and flexibility ``on-budget'' the surpluses are used to mask a Sec. 107. Highway bridge program. to bring much needed relief to those who live portion of our true budget deficit and prevents Sec. 108. Surface transportation program. along and drive U.S. Rt. 30. the funds from being used in the manner they Sec. 109. Congestion mitigation and air quality Of great importance to me is the fact that were intended. improvement program. Chairman Shuster' bill finally provides equity Without the critical support that BESTEA Sec. 110. High risk road safety improvement program. for donor states like Ohio that have long pro- provides, countless communities in the 18th Sec. 111. Minimum allocation. vided more revenue than they have received Congressional District would have to stave off Sec. 112. Appalachian Development Highway back in federal-aid highway funds. By provid- undesirable consequences of poor infrastruc- System. ing a true 95 percent return on contributions to ture, rather than plan for future development Sec. 113. High cost Interstate System recon- the Highway Trust Fund Ohio will be able to and growth. By improving our communities' struction and improvement pro- complete many projects that have long been mobility we can directly benefit the quality of gram. shelves due to lack of federal funding. More- life and economic competitiveness of our Sec. 114. Recreational trails program. Sec. 115. National corridor planning and devel- over, by taking the Highway Trust Fund off- country. I am pleased to support H.R. 2400. opment program. budget, BESTEA will restore the integrity of Mr. HAYWORTH. Mr. Chairman, I rise today Sec. 116. Coordinated border infrastructure and the fund and provide all states with the trans- in strong support of the Indian Reservation safety program. portation funding their citizens have already Roads (IRR) program. While the Building Effi- Sec. 117. Federal lands highways program. contributed through gas taxes. While in 1991 cient Surface Transportation and Equity Act Sec. 118. National scenic byways program. we made great strides in improving our trans- (BESTEA ) increases current IRR funding lev- Sec. 119. Variable pricing pilot program. els to $212 million, I would urge the conferees Sec. 120. Toll roads, bridges, and tunnels. portation system by passing ISTEA, in fact in- Sec. 121. Construction of ferry boats and ferry creasing Ohio's return from a meager 79 cents to recede to the Senate funding level for IRR terminal facilities. on the dollar to 87 cents, Today's BESTEA of $250 million. Sec. 122. Highway use tax evasion projects. legislation will significantly strengthen this Funding for the IRR program is critical to Sec. 123. Performance bonus program. commitment to our nations infrastructure that the safety and, ultimately, the health and wel- Sec. 124. Metropolitan planning. we began many years ago. fare of Native American communities. The cur- Sec. 125. Statewide planning. Mr. Chairman, I applaud the Chairman of rent state of tribal infrastructure often consists Sec. 126. Roadside safety technologies. Sec. 127. Discretionary program authorizations. the Transportation Committee for his leader- of dirt roads over which community members Sec. 128. Woodrow Wilson Memorial Bridge. ship in bringing this important piece of legisla- must travel for hundreds of miles to reach the Sec. 129. Training. tion to the House floor. I plan to support it and nearest hospital or school. Crumbling infra- Sec. 130. Transportation assistance for Olympic I look forward to its passage so we can en- structure does nothing to induce safe travel to cities. sure that our nation has the best and most and from community resources, and speaks Sec. 131. National Defense Highways. modern transportation system in the world. poorly of our nation's regard for the treaties, Sec. 132. Miscellaneous surface transportation Mr. DOYLE. Mr. Chairman, roads, bridges, programs. relationships, and prioritization of Native Amer- Sec. 133. Eligibility. transit, and trails all play an important part in icans needs. Sec. 134. Fiscal, administrative, and other meeting the challenge of continuing to use The Senate funding level for IRR of $250 amendments. transportation to benefit the economy, environ- million is a modest but necessary increase, Sec. 135. Access of motorcycles. ment, and quality of life in all of our commu- and I urge my colleagues to respect the call Sec. 136. Amendments to prior surface transpor- nities. Today's passage of H.R. 2400, the for desperately needed resources. tation authorization laws. Building Efficient Surface Transportation and Mr. SHUSTER. Mr. Chairman, I yield Sec. 137. Bicycle transportation and pedestrian Equity Act (BESTEA), means that the critical back the balance of my time. walkways. Sec. 138. Hazard elimination program. infrastructure needs of the people in the 18th The CHAIRMAN. All time for general Sec. 139. Project administration. Congressional District of Pennsylvania will be debate has expired. Sec. 140. Contracting for engineering and de- addressed in a comprehensive manner. Pursuant to the rule, the amendment sign services. The success of BESTEA is its preservation in the nature of a substitute rec- Sec. 141. Commercial motor vehicle study. of the most progressive components of the ommended by the Committee on Trans- Sec. 142. New York Avenue Transportation De- Intermodal Surface Transportation Efficiency portation and Infrastructure printed in velopment Authority. Act of 1991 (ISTEA). BESTEA continues to the bill, modified by the amendment Sec. 143. Definitions. recognize and pay attention to, creating and recommended by the Committee on TITLE II—HIGHWAY SAFETY maintaining transportation systems which re- Ways and Means printed in the bill, Sec. 201. Amendments to title 23, United States flect both environmental concerns and the and the amendment printed in Part I of Code. Sec. 202. Highway safety programs. needs of residents. BESTEA is a balanced bill House Report 105–476, shall be consid- Sec. 203. Highway safety research and develop- which meets the needs of road repair, bridge ered as an original bill for the purpose ment. rehabilitation, transit access, safety research, of amendment under the 5-minute rule Sec. 204. Occupant protection incentive grants. and pollution reduction. and shall be considered read. Sec. 205. Alcohol-impaired driving counter- Pennsylvania's overall network of 116,000 The text of the committee amend- measures. miles of highways and streets is the largest of ment in the nature of a substitute, Sec. 206. State highway safety data improve- any eastern state with 44% of the state's modified by the amendment rec- ments. Sec. 207. National Driver Register. 22,327 bridges in disrepair. The support pro- ommended by the Committee on Ways Sec. 208. Safety studies. vided by BESTEA not only stimulates eco- and Means now printed in the bill and Sec. 209. Effectiveness of laws establishing max- nomic activity, but meets important safety con- the amendment printed in Part I of imum blood alcohol concentra- cerns. BESTEA also provides critical assist- House Report 105–476 is as follows: tions. H1918 CONGRESSIONAL RECORD — HOUSE April 1, 1998

Sec. 210. Authorizations of appropriations. Sec. 421. Truck trailer conspicuity. (2) SECRETARY.—The term ‘‘Secretary’’ means Sec. 211. Transportation injury research. Sec. 422. DOT implementation plan. the Secretary of Transportation. TITLE III—FEDERAL TRANSIT TITLE V—PROGRAMMATIC REFORMS AND SEC. 3. SAVINGS CLAUSE. ADMINISTRATION PROGRAMS STREAMLINING Except as otherwise provided in this Act, an Sec. 301. Amendments to title 49, United States Sec. 501. Project approval and oversight. amendment made by this Act shall not affect Code. Sec. 502. Environmental streamlining. any funds apportioned or allocated before the Sec. 302. Definitions. Sec. 503. Major investment study integration. date of the enactment of this Act. Sec. 303. Metropolitan planning. Sec. 504. Financial plan. TITLE I—FEDERAL-AID HIGHWAYS Sec. 505. Uniform transferability of Federal-aid Sec. 304. Transportation improvement program. SEC. 101. AMENDMENTS TO TITLE 23, UNITED Sec. 305. Transportation management areas. highway funds. STATES CODE. Sec. 306. Urbanized area formula grants. Sec. 506. Discretionary grant selection criteria Except as otherwise specifically provided, Sec. 307. Mass Transit Account block grants. and process. whenever in this title and title V an amendment Sec. 507. Elimination of regional office respon- Sec. 308. Capital program grants and loans. or repeal is expressed in terms of an amendment sibilities. Sec. 309. Dollar value of mobility improvements. to, or repeal of, a section or other provision of Sec. 310. Formula grants and loans for special Sec. 508. Authority for Congress to make mid- law, the reference shall be considered to be made needs of elderly individuals and course corrections to the highway to a section or other provision of title 23, United individuals with disabilities. and transit programs. States Code. Sec. 311. Formula program for other than ur- TITLE VI—TRANSPORTATION RESEARCH banized areas. SEC. 102. AUTHORIZATION OF APPROPRIATIONS. Sec. 601. Amendments to title 23, United States (a) IN GENERAL.—The following sums are au- Sec. 312. Research, development, demonstra- Code. tion, and training projects. thorized to be appropriated out of the Highway Sec. 602. Applicability of title 23. Trust Fund (other than the Mass Transit Ac- Sec. 313. National planning and research pro- Sec. 603. Transfers of funds. grams. count): Sec. 314. National transit institute. Subtitle A—Surface Transportation Research, (1) INTERSTATE MAINTENANCE PROGRAM.—For Sec. 315. University research institutes. Technology, and Education the Interstate maintenance program under sec- Sec. 316. Transportation centers. PART I—HIGHWAY RESEARCH tion 119 of title 23, United States Code, Sec. 317. Bus testing facilities. Sec. 611. Research. $4,019,500,000 for fiscal year 1998, $4,462,600,000 Sec. 318. Bicycle facilities. Sec. 612. State planning and research. for fiscal year 1999, and $5,006,200,000 for each Sec. 319. General provisions on assistance. Sec. 613. International highway transportation of fiscal years 2000 through 2003. Sec. 320. Contract requirements. outreach program. (2) NATIONAL HIGHWAY SYSTEM.—For the Na- tional Highway System under section 103 of Sec. 321. Special procurements. PART II—TRANSPORTATION EDUCATION, PROFES- such title $4,978,500,000 for fiscal year 1998, Sec. 322. Project management oversight and re- SIONAL TRAINING, AND TECHNOLOGY DEPLOY- $5,520,500,000 for fiscal year 1999, and view. MENT Sec. 323. Study on alcohol and controlled sub- $6,186,500,000 for each of fiscal years 2000 Sec. 621. National Highway Institute. stances random testing rate cal- through 2003. Sec. 622. National technology deployment ini- culation. (3) BRIDGE PROGRAM.—For the bridge program tiative. Sec. 324. Administrative procedures. under section 144 of such title $3,777,600,000 for Sec. 623. Education and training programs. fiscal year 1998, $4,194,000,000 for fiscal year Sec. 325. Reports and audits. Sec. 624. University transportation research. 1999, and $4,704,800,000 for each of fiscal years Sec. 326. Apportionment of appropriations for Sec. 625. Funding allocations. formula grants. 2000 through 2003. Sec. 327. Apportionment of appropriations for PART III—BUREAU OF TRANSPORTATION (4) SURFACE TRANSPORTATION PROGRAM.—For fixed guideway modernization. STATISTICS AND MISCELLANEOUS PROGRAMS the surface transportation program under sec- Sec. 328. Authorizations. Sec. 631. Bureau of Transportation Statistics. tion 133 of such title $5,601,400,000 for fiscal year Sec. 329. Obligation ceiling. Sec. 632. Transportation technology innovation 1998, $6,218,900,000 for fiscal year 1999, and Sec. 330. Access to jobs challenge grant pilot and demonstration program. $6,976,300,000 for each of fiscal years 2000 program. Subtitle B—Intelligent Transportation Systems through 2003. Sec. 331. Adjustments for the Surface Transpor- Sec. 651. Definitions. (5) CONGESTION MITIGATION AND AIR QUALITY tation Extension Act of 1997. Sec. 652. Scope of program. IMPROVEMENT PROGRAM.—For the congestion Sec. 332. Projects for new fixed guideway sys- Sec. 653. General authorities and requirements. mitigation and air quality improvement program tems and extensions to existing Sec. 654. National ITS program plan. under section 149 of such title $1,406,800,000 for systems. Sec. 655. Technical assistance, planning, re- fiscal year 1998, $1,561,900,000 for fiscal year Sec. 333. Projects for bus and bus-related facili- search, and operational tests. 1999, and $1,752,200,000 for each of fiscal years ties. Sec. 656. ITS deployment. 2000 through 2003. Sec. 334. Project management oversight. Sec. 657. Funding allocations. (6) HIGH RISK ROAD SAFETY IMPROVEMENT Sec. 335. Privatization. Sec. 658. Global positioning satellite data. PROGRAM.—For the high risk road safety im- Sec. 336. School transportation safety. Sec. 659. Repeal. provement program under section 154 of such Sec. 337. Urbanized area formula study. TITLE VII—TRUTH IN BUDGETING title $750,000,000 for fiscal year 1998, Sec. 338. Coordinated transportation services. Sec. 701. Budgetary treatment of Highway $1,000,000,000 for fiscal year 1999, and Sec. 339. Final assembly of buses. Trust Fund. $1,000,000,000 for each of fiscal years 2000 TITLE IV—MOTOR CARRIER SAFETY Sec. 702. Applicability. through 2003. (7) HIGH COST INTERSTATE SYSTEM RECON- Sec. 401. Amendments to title 49, United States TITLE VIII—RECREATIONAL BOATING STRUCTION AND IMPROVEMENT PROGRAM.—For Code. SAFETY PROGRAM Sec. 402. State grants. the high cost Interstate System reconstruction Sec. 801. Short title. and improvement program under section 160 of Sec. 403. Information systems. Sec. 802. Amendments relating to recreational Sec. 404. Automobile transporter defined. such title $265,000,000 for fiscal year 1998, boating safety program. Sec. 405. Inspections and reports. $512,500,000 for fiscal year 1999, $920,000,000 for Sec. 406. Exemptions and pilot programs. TITLE IX—RAILROADS fiscal year 2000, $923,000,000 for fiscal year 2001, Sec. 407. Safety regulation. Sec. 901. High-speed rail. $922,000,000 for fiscal year 2002, and Sec. 408. Improved interstate school bus safety. Sec. 902. Light density rail line pilot projects. $1,067,000,000 for fiscal year 2003. Sec. 409. Repeal of certain obsolete miscellane- Sec. 903. Miami-Orlando-Tampa corridor (8) DISCRETIONARY PROGRAMS.—For executive ous authorities. project. and legislative branch discretionary programs Sec. 410. Commercial vehicle operators. Sec. 904. Alaska Railroad. referred to in section 127 of this Act (including Sec. 411. Interim border safety improvement Sec. 905. Railway-highway crossing hazard amendments made by such section) program. elimination in high speed rail cor- $1,622,400,000 for fiscal year 1998, $2,215,300,000 Sec. 412. Vehicle weight enforcement. ridors. for fiscal year 1999, $2,563,600,000 for fiscal year Sec. 413. Participation in international registra- Sec. 906. Railroad rehabilitation and improve- 2000, $2,563,600,000 for fiscal year 2001, tion plan and international fuel ment financing. $2,657,600,000 for fiscal year 2002, and tax agreement. TITLE X—CONDITIONS FOR $2,657,600,000 for fiscal year 2003. Sec. 414. Telephone hotline for reporting safety IMPLEMENTATION OF FUNDING (9) APPALACHIAN DEVELOPMENT HIGHWAY SYS- TEM PROGRAM.—For the Appalachian develop- violations. Sec. 1001. Conditions for implementation of ment highway system program under section 201 Sec. 415. Insulin treated diabetes mellitus. funding. Sec. 416. Performance-based CDL testing. of the Appalachian Regional Development Act Sec. 417. Postaccident alcohol testing. TITLE XI—REVENUES of 1965 (40 U.S.C. App.) $250,000,000 for fiscal Sec. 418. Driver fatigue. SEC. 2. DEFINITIONS. year 1998, $400,000,000 for fiscal year 1999, and Sec. 419. Safety fitness. In this Act, the following definitions apply: $400,000,000 for each of fiscal years 2000 through Sec. 420. Hazardous materials transportation (1) INTERSTATE SYSTEM.—The term ‘‘Interstate 2003. regulation and farm service vehi- System’’ has the meaning such term has under (10) RECREATIONAL TRAILS PROGRAM.—For the cles. section 101 of title 23, United States Code. recreational trails program under section 206 of April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1919 such title $30,000,000 for fiscal year 1998, small business concerns described in subpara- (3) under section 147 of the Surface Transpor- $40,000,000 for fiscal year 1999, and $50,000,000 graph (B)— tation Assistance Act of 1978; for each of fiscal years 2000 through 2003. (i) the annual gross receipts of the business (4) under section 9 of the Federal-Aid High- (11) FEDERAL LANDS HIGHWAYS PROGRAM.— concerns; and way Act of 1981; (A) INDIAN RESERVATION ROADS.—For Indian (ii) the net worth of individuals that own and (5) under sections 131(b) and 131(j) of the Sur- reservation roads under section 204 of such title control the business concerns; face Transportation Assistance Act of 1982; $194,000,000 for fiscal year 1998, $200,000,000 for (E) the rate of graduation from any programs (6) under sections 149(b) and 149(c) of the Sur- fiscal year 1999, and $212,000,000 for each of fis- carried out to comply with the requirement of face Transportation and Uniform Relocation As- cal years 2000 through 2003. paragraph (1) for small business concerns owned sistance Act of 1987; (B) PUBLIC LANDS HIGHWAYS.—For public and controlled by socially and economically dis- (7) under sections 1103 through 1108 of the lands highways under section 204 of such title advantaged individuals; Intermodal Surface Transportation Efficiency $58,000,000 for fiscal year 1998, $60,000,000 for (F) the overall cost of administering the re- Act of 1991; and fiscal year 1999, and $60,000,000 for each of fis- quirement of paragraph (1), including adminis- (8) under section 104(j) of title 23, United cal years 2000 through 2003. trative costs, certification costs, additional con- States Code, relating to high priority projects. (C) PARKWAYS AND PARK HIGHWAYS.—For struction costs, and litigation costs; (c) DISTRIBUTION OF OBLIGATION AUTHOR- parkways and park highways under section 204 (G) any discrimination, on the basis of race, ITY.—For each of fiscal years 1998 through 2003, of such title $85,300,000 for fiscal year 1998, color, national origin, or sex, against small busi- the Secretary shall— $86,200,000 for fiscal year 1999, and $99,000,000 ness concerns owned and controlled by socially (1) not distribute amounts authorized for ad- for each of fiscal years 2000 through 2003. and economically disadvantaged individuals; ministrative expenses and programs funded from (D) FOREST HIGHWAYS.—For forest highways (H)(i) any other factors limiting the ability of the administrative takedown authorized by sec- under section 204 of such title $113,500,000 for small business concerns owned and controlled tion 104(a) of title 23, United States Code, and fiscal year 1998, $130,000,000 for fiscal year 1999, by socially and economically disadvantaged in- amounts authorized for the highway use tax and $130,000,000 for each of fiscal years 2000 dividuals to compete for prime contracts and evasion program and the Bureau of Transpor- through 2003. subcontracts funded under titles I, III, and VI tation Statistics; (12) HIGHWAY USE TAX EVASION PROJECTS.— of this Act; and (2) determine the ratio that— For highway use tax evasion projects under sec- (ii) the extent to which any of those factors (A) the obligation limitation imposed by sub- tion 1040 of the Intermodal Surface Transpor- are caused, in whole or in part, by discrimina- section (a) for such fiscal year less the aggregate tation Efficiency Act of 1991 (23 U.S.C. 101 note; tion based on race, color, national origin, or sex; of amounts not distributed under paragraph (1), 105 Stat. 1992) $5,000,000 for fiscal year 1998 and (I) any discrimination, on the basis of race, bears to (B) the total of the sums authorized to be ap- $10,000,000 for each of fiscal years 1999 through color, national origin, or sex, against construc- propriated for Federal-aid highway programs 2003. tion companies owned and controlled by socially (other than sums authorized to be appropriated (b) DISADVANTAGED BUSINESS ENTERPRISES.— and economically disadvantaged individuals in for sections referred to in subsection (b)) for (1) GENERAL RULE.—Except to the extent that public and private transportation contracting such fiscal year less the aggregate of amounts the Secretary determines otherwise, not less and the financial, credit, insurance, and bond not distributed under paragraph (1); than 10 percent of the amounts authorized to be markets; (3)(A) multiply the ratio determined under appropriated under titles I, III, and VI of this (J) the impact on small business concerns paragraph (2) by the sums authorized to be ap- Act shall be expended with small business con- owned and controlled by socially and economi- propriated for such fiscal year for each of the cerns owned and controlled by socially and eco- cally disadvantaged individuals of— programs that are allocated by the Secretary nomically disadvantaged individuals. (i) the issuance of a final order described in under this Act and title 23, United States Code (2) COMPLIANCE WITH COURT ORDERS.—Noth- paragraph (2) by a Federal court that suspends (other than the recreational trails program and ing in this section limits the eligibility of an en- a program established under paragraph (1); or programs to which paragraph (1) applies); tity or person to receive funds made available (ii) the repeal or suspension of State or local (B) not distribute such amount for each such under titles I, III, and VI of this Act, if the en- disadvantaged business enterprise programs; program (other than the recreational trails pro- tity or person is prevented, in whole or in part, and gram and programs to which paragraph (1) ap- from complying with paragraph (1) because a (K) the impact of the requirement of para- plies); and Federal court issues a final order in which the graph (1), and any program carried out to com- court finds that the requirement of paragraph (C) in administering such program, allocate ply with paragraph (1), on competition and the such amount for such program; (1), or the program established under paragraph creation of jobs, including the creation of jobs (1), is unconstitutional. (4) distribute the obligation limitation imposed for socially and economically disadvantaged in- by subsection (a) less the aggregate of amounts (3) REVIEW BY COMPTROLLER GENERAL.—Not dividuals. later than 3 years after the date of enactment of not distributed under paragraphs (1) and (3) (4) DEFINITIONS.—For purposes of this sub- and less amounts distributed under paragraph this Act, the Comptroller General of the United section, the following definitions apply: States shall conduct a review of, and publish (5) by allocation in the ratio which sums au- (A) SMALL BUSINESS CONCERN.—The term thorized to be appropriated for Federal-aid and report to Congress findings and conclusions ‘‘small business concern’’ has the meaning such on, the impact throughout the United States of highway programs that are apportioned or allo- term has under section 3 of the Small Business cated to each State for such fiscal year and that administering the requirement of paragraph (1), Act (15 U.S.C. 632); except that such term shall including an analysis of— are subject to the limitation imposed by sub- not include any concern or group of concerns section (a) bear to the total of the sums author- (A) in the case of small business concerns controlled by the same socially and economi- owned and controlled by socially and economi- ized to be appropriated for Federal-aid highway cally disadvantaged individual or individuals programs that are apportioned or allocated for cally disadvantaged individuals— which has average annual gross receipts over (i) the number of the small business concerns; such fiscal year and that are subject to the limi- the preceding 3 fiscal years in excess of and tation imposed by subsection (a); and $16,600,000, as adjusted by the Secretary for in- (ii) the participation rates of the small busi- (5) distribute any amount determined under flation. ness concerns in prime contracts and sub- paragraph (3) for the recreational trails pro- (B) SOCIALLY AND ECONOMICALLY DISADVAN- contracts funded under titles I, III, and VI of gram in accordance with the formula set forth TAGED INDIVIDUALS.—The term ‘‘socially and this Act; in section 104(h) of title 23, United States Code, economically disadvantaged individuals’’ has (B) in the case of small business concerns de- for such program. the meaning such term has under section 8(d) of scribed in subparagraph (A) that receive prime (d) REDISTRIBUTION OF UNUSED OBLIGATION the Small Business Act (15 U.S.C. 637(d)) and contracts and subcontracts funded under titles AUTHORITY.—Notwithstanding subsection (c), relevant subcontracting regulations promul- I, III, and VI of this Act— the Secretary shall— gated pursuant thereto; except that women shall (i) the number of the small business concerns; (1) provide all States with authority sufficient (ii) the annual gross receipts of the small busi- be presumed to be socially and economically dis- to prevent lapses of sums authorized to be ap- ness concerns; and advantaged individuals for purposes of this sub- propriated for Federal-aid highway programs (iii) the net worth of socially and economi- section. that have been apportioned to a State; and cally disadvantaged individuals that own and SEC. 103. OBLIGATION CEILING. (2) after August 1 of each of fiscal years 1998 control the small business concerns; (a) GENERAL LIMITATION.—Notwithstanding through 2003 revise a distribution of the obliga- (C) in the case of small business concerns de- any other provision of law, the total of all obli- tion authority made available under subsection scribed in subparagraph (A) that do not receive gations for Federal-aid highway programs shall (c) if a State will not obligate the amount dis- prime contracts and subcontracts funded under not exceed— tributed during that fiscal year and redistribute titles I, III, and VI of this Act— (1) $21,500,000,000 for fiscal year 1998; sufficient amounts to those States able to obli- (i) the annual gross receipts of the small busi- (2) $25,300,000,000 for fiscal year 1999; and gate amounts in addition to those previously ness concerns; and (3) $28,400,000,000 for each of fiscal years 2000 distributed during that fiscal year giving prior- (ii) the net worth of socially and economically through 2003. ity to those States having large unobligated bal- disadvantaged individuals that own and control (b) EXCEPTIONS.—The limitations under sub- ances of funds apportioned under sections 104 the small business concerns; section (a) shall not apply to obligations— and 144 of title 23, United States Code, under (D) in the case of business concerns that re- (1) under section 125 of title 23, United States section 160 of title 23, United States Code (as in ceive prime contracts and subcontracts funded Code; effect on the day before the date of the enact- under titles I, III, and VI of this Act, other than (2) under section 157 of such title; ment of this Act), and under section 1015 of the H1920 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Intermodal Surface Transportation Act of 1991 maintenance, the National Highway System, the ‘‘(v) 1.4 if, at the time of apportionment, the (105 Stat. 1943–1945). surface transportation program, the congestion area is classified as a severe ozone nonattain- (e) APPLICABILITY OF OBLIGATION LIMITA- mitigation and air quality improvement pro- ment area under such subpart; TIONS TO TRANSPORTATION RESEARCH PRO- gram, and the high risk road safety program for ‘‘(vi) 1.5 if, at the time of apportionment, the GRAMS.—Obligation limitations for Federal-aid that fiscal year, among the several States in the area is classified as an extreme ozone nonattain- highways programs established by subsection (a) following manner: ment area under such subpart; or shall apply to transportation research programs ‘‘(1) NATIONAL HIGHWAY SYSTEM.—For the Na- ‘‘(vii) 1.2. if, at the time of apportionment, the carried out under chapter 3 of title 23, United tional Highway System, 1 percent to the Virgin area is not a nonattainment or maintenance States Code, and under title VI of this Act. Islands, Guam, American Samoa, and the Com- area as described in subsection 149(b) of this (f) REDISTRIBUTION OF CERTAIN AUTHORIZED monwealth of the Northern Mariana Islands title for ozone, but is a nonattainment area for FUNDS.— and the remaining 99 percent apportioned as carbon monoxide or particulate matter. (1) IN GENERAL.—Not later than 30 days after follows: ‘‘(C) ADDITIONAL FACTORS.—If the area was the date of the distribution of obligation author- ‘‘(A) In the case of a State with an average also classified under subpart 3 or 4 of part D of ity under subsection (a) for each of fiscal years population density of 20 persons or fewer per title I of the Clean Air Act as a nonattainment 1998 through 2003, the Secretary shall distribute square mile, and in the case of a State with a area described in section 149(b) for carbon mon- to the States any funds (A) that are authorized population of 1,500,000 persons or fewer and oxide or particulate matter or both, the weighted to be appropriated for such fiscal year for Fed- with a land area of 10,000 square miles or less, nonattainment area population of the area, as eral-aid highway programs (other than the pro- the greater of— determined under clauses (i) through (vi) of sub- gram under section 160 of title 23, United States ‘‘(i) a percentage share of the remaining ap- paragraph (B), shall be further multiplied by a Code) and for carrying out subchapter I of portionments equal to the percentage specified factor of 1.2. For an area that is a nonattain- chapter 311 of title 49, United States Code, and for the State in section 104(h)(1) of the Building ment area for both carbon monoxide and for chapter 4 of title 23, United States Code, and (B) Efficient Surface Transportation and Equity particulate matter and the area’s weighted pop- that the Secretary determines will not be allo- Act of 1998; or ulation was determined under clause (vii) of cated to the States, and will not be available for ‘‘(ii) a share determined under subparagraph subparagraph (B), the area’s weighted popu- obligation, in such fiscal year due to the imposi- (B). lation shall be further multiplied by a factor of tion of any obligation limitation for such fiscal ‘‘(B) Subject to subparagraph (A), in the case 1.2. For such areas, the population to which this year. Such distribution to the States shall be of any State for which the apportionment is not factor is applied shall be the larger of the car- made in the same ratio as the distribution of ob- determined under subparagraph (A)(i), a share bon monoxide and the particulate matter non- ligation authority under subsection (c)(5). The of the remaining apportionments determined in attainment area populations. funds so distributed shall be available for any accordance with the following formula: ‘‘(D) MINIMUM APPORTIONMENT.—Notwith- purposes described in section 133(b) of title 23, ‘‘(i) 1⁄9 of the remaining apportionments in the standing any other provision of this paragraph, United States Code. ratio that the total rural lane miles in each each State shall receive a minimum of 1⁄2 of 1 (2) HIGH COST INTERSTATE SYSTEM RECON- State bears to the total rural lane miles in all percent of the funds apportioned under this STRUCTION AND IMPROVEMENT PROGRAM States for which the apportionment is not deter- paragraph. The Secretary shall use annual esti- FUNDS.—Not later than 30 days after the date of mined under subparagraph (A)(i). mates prepared by the Secretary of Commerce 1 the distribution of obligation authority under ‘‘(ii) ⁄9 of the remaining apportionments in when determining population figures. subsection (c) for each of fiscal years 1998 the ratio that the total rural vehicle miles trav- ‘‘(3) SURFACE TRANSPORTATION PROGRAM.— through 2003, the Secretary shall distribute to eled in each State bears to the total rural vehicle ‘‘(A) IN GENERAL.—For the surface transpor- the States any funds that are authorized to be miles traveled in all States for which the appor- tation program, 2 percent to the State of Alaska appropriated for such fiscal year to carry out tionment is not determined under subparagraph for any purpose described in section 133(b) and the high cost Interstate System reconstruction (A)(i). the remaining 98 percent apportioned as follows: 2 1 and improvement program under section 160 of ‘‘(iii) ⁄9 of the remaining apportionments in ‘‘(i) ⁄3 in the ratio that each State’s total pop- title 23, United States Code, and that will not be the ratio that the total urban lane miles in each ulation bears to the total population of all available for obligation in such fiscal year due State bears to the total urban lane miles in all States, using the latest available annual up- to the imposition of any obligation limitation for States for which the apportionment is not deter- dates to the Federal decennial census, as pre- such fiscal year. Such distribution to the States mined under subparagraph (A)(i). pared by the Secretary of Commerce. ‘‘(iv) 2⁄9 of the remaining apportionments in ‘‘(ii) 1⁄3 in the ratio that each State’s annual shall be made in the same ratio as funds are ap- the ratio that the total urban vehicle miles trav- contributions to the Highway Trust Fund (other portioned under section 104(b)(5) of such title. eled in each State bears to the total urban vehi- than the Mass Transit Account) attributable to The funds so distributed to a State shall be cred- cle miles traveled in all States for which the ap- commercial vehicles bear to the total of such an- ited to the State’s apportionment under such portionment is not determined under subpara- nual contributions by all States. section 104(b)(5). graph (A)(i). ‘‘(iii) 1⁄3 in the ratio that each State’s annual SEC. 104. APPORTIONMENTS. ‘‘(v) 3⁄9 of the remaining apportionments in the contributions to the Highway Trust Fund (other (a) ADMINISTRATIVE TAKEDOWN.—Section ratio that each State’s annual contributions to than the Mass Transit Account) bear to the 104(a) is amended to read as follows: the Highway Trust Fund (other than the Mass total of such annual contributions by all States. ‘‘(a) ADMINISTRATIVE TAKEDOWN.—Whenever Transit Account) attributable to commercial ve- ‘‘(B) ADJUSTMENT.—The amount of funds an apportionment is made of the sums author- hicles bear to the total of such annual contribu- which, but for this subparagraph, would be ap- ized to be appropriated for expenditure on Inter- tions by all States for which the apportionment portioned to each State for each fiscal year state maintenance, the National Highway Sys- is not determined under subparagraph (A)(i). under subparagraph (A) shall be increased or tem, the bridge program, the surface transpor- ‘‘(2) CONGESTION MITIGATION AND AIR QUALITY decreased by an amount which, when added to tation program, the congestion mitigation and IMPROVEMENT PROGRAM.— or subtracted from the aggregate amount of air quality improvement program, the high risk ‘‘(A) FORMULA.—For the congestion mitiga- funds apportioned or allocated to such State for road safety program, the high cost Interstate tion and air quality improvement program, in such fiscal year for Interstate maintenance, Na- System reconstruction and improvement pro- the ratio which the weighted nonattainment tional Highway System, surface transportation gram, the national corridor planning and devel- and maintenance area populations of each State program, bridge program, congestion mitigation opment program, the border infrastructure and bear to the total weighted nonattainment and and air quality improvement program, high risk safety program, and the Federal lands highways maintenance area population of all States. road safety program, recreational trails pro- program, the Secretary shall deduct a sum, in ‘‘(B) CALCULATION OF WEIGHTED POPU- gram, Appalachian Development Highway Sys- such amount not to exceed 1 percent of all sums LATION.—Such weighted population shall be cal- tem program, and metropolitan planning will so authorized, as the Secretary may deem nec- culated by multiplying the population of each ensure that the aggregate of such apportion- essary for administering the provisions of law to area within any State that was a nonattain- ments to any State that does not contribute to be financed from appropriations for the Federal- ment or maintenance area as described in sub- the Highway Trust Fund does not exceed the aid highway program. In making such deter- section 149(b) for ozone, carbon monoxide, or aggregate of such apportionments to any State mination, the Secretary shall take into account particulate matter by a factor of— that does contribute to the Highway Trust the unobligated balance of any sums deducted ‘‘(i) 1.0 if, at the time of the apportionment, Fund. for such purposes in prior years. The sums so the area has been redesignated as an attainment ‘‘(4) HIGH RISK ROAD SAFETY IMPROVEMENT deducted shall remain available until expended. (maintenance) area under section 107(d) of the PROGRAM.—For the high risk road safety im- The Secretary may not transfer any of such Clean Air Act; provement program— sums to a Federal entity other than the Federal ‘‘(ii) 1.1 if, at the time of apportionment, the ‘‘(A) 1⁄3 in the ratio that each State’s total Highway Administration.’’. area is classified as a marginal ozone nonattain- population bears to the total population of all (b) APPORTIONMENTS.—Section 104(b) is ment area under subpart 2 of part D of title I of States, using the latest available annual up- amended to read as follows: the Clean Air Act; dates to the Federal decennial census, as pre- ‘‘(b) APPORTIONMENTS.—On October 1 of each ‘‘(iii) 1.2 if, at the time of apportionment, the pared by the Secretary of Commerce; fiscal year, the Secretary, after making the de- area is classified as a moderate ozone non- ‘‘(B) 1⁄3 in the ratio that each State’s total duction authorized by subsection (a) and the attainment area under such subpart; public road mileage bears to the total public set-aside authorized by subsection (f), shall ap- ‘‘(iv) 1.3 if, at the time of apportionment, the road mileage of all States; and portion the remainder of the sums authorized to area is classified as a serious ozone nonattain- ‘‘(C) 1⁄3 in the ratio that the total vehicle miles be appropriated for expenditure on Interstate ment area under such subpart; traveled on public roads in each State bear to April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1921 the total vehicle miles traveled on public roads appropriated for expenditure on the recreational States: Adjustment percentage in all States. trails program for each fiscal year, among the New Jersey ...... 2.28 ‘‘(5) INTERSTATE MAINTENANCE.—For resur- States in the following manner: New Mexico ...... 1.05 facing, restoring, rehabilitating, and recon- ‘‘(A) 50 percent of that amount shall be appor- New York ...... 4.27 structing the Interstate System— tioned equally among eligible States. North Carolina ...... 2.83 ‘‘(A) 1⁄3 in the ratio that each State’s annual ‘‘(B) 50 percent of that amount shall be appor- North Dakota ...... 0.76 contributions to the Highway Trust Fund (other tioned among eligible States in amounts propor- Ohio ...... 3.77 than the Mass Transit Account) attributable to tionate to the degree of non-highway rec- Oklahoma ...... 1.55 commercial vehicles bear to the total of such an- reational fuel use in each of those States during Oregon ...... 1.23 nual contributions by all States; the preceding year.’’. Pennsylvania ...... 4.12 1 Puerto Rico ...... 0.50 ‘‘(B) ⁄3 in the ratio that the total vehicle miles (g) CROSS REFERENCE CORRECTIONS.— traveled on Interstate routes open to traffic in (1) INTERSTATE MAINTENANCE PROGRAM.—Sub- Rhode Island ...... 0.55 each State bear to the total vehicle miles trav- sections (a), (d), and (f) of section 119 are each South Carolina ...... 1.63 eled on such routes in all States; and amended by striking ‘‘104(b)(5)(B)’’ each place it South Dakota ...... 0.70 Tennessee ...... 2.30 ‘‘(C) 1⁄3 in the ratio that the total lane miles appears and inserting ‘‘104(b)(5)’’. Texas ...... 7.21 on such routes in each State bear to the total (2) FRINGE AND CORRIDOR PARKING FACILI- Utah ...... 0.71 lane miles on such routes in all States.’’. TIES.—Section 137(f)(1) is amended by striking Vermont ...... 0.43 (c) OPERATION LIFESAVER AND HIGH SPEED ‘‘section 104(b)(5)(B) of this title’’ and inserting Virginia ...... 2.61 RAIL CORRIDORS.—Section 104(d) is amended— ‘‘section 104(b)(5)’’. Washington ...... 1.75 (1) in paragraph (1) by striking ‘‘$300,000’’ (3) ADDITIONS TO INTERSTATE SYSTEM.—Sec- West Virginia ...... 0.76 and inserting ‘‘$500,000’’; tion 139 is amended by striking ‘‘section (2) in paragraph (2)(A) by striking Wisconsin ...... 1.91 104(b)(5)(B) of this title’’ each place it appears Wyoming ...... 0.66. ‘‘$5,000,000’’ and inserting ‘‘$5,250,000’’; and and inserting ‘‘section 104(b)(5)’’. (3) by adding at the end of paragraph (2)(A) (2) ADDITIONAL RULE.—Any State with lane (4) ACCOMMODATION OF OTHER MODES.—Sec- miles on the National Highway System totaling the following: ‘‘Not less than $250,000 of such tion 142(c) is amended by striking ‘‘section set-aside shall be available per fiscal year for el- between 3,500 and 4,000 miles shall be treated as 104(b)(5)(A)’’ and inserting ‘‘section 104(b)(5)’’. a State meeting the requirements of section igible improvements to the Minneapolis/St. Paul- (5) MINIMUM DRINKING AGES.—Section 158 is Chicago segment of the Midwest High Speed 104(b)(1)(A) of title 23, United States Code, for amended— purposes of such section. Rail Corridor.’’. (A) by striking ‘‘104(b)(2), 104(b)(5), and (i) USE OF MOST UP-TO-DATE DATA.—The Sec- (d) CERTIFICATION OF APPORTIONMENTS.—Sec- 104(b)(6)’’ each place it appears in subsection tion 104(e) is amended— retary shall use the most up-to-date data avail- (a) and inserting ‘‘104(b)(3), and 104(b)(5)’’; able for the latest fiscal year for the purposes of (1) by inserting ‘‘CERTIFICATION OF APPOR- (B) in the heading to subsection (b) is amend- TIONMENTS.—’’ after ‘‘(e)’’; making apportionments under this section and ed by striking ‘‘PERIOD OF AVAILABILITY;’’; and section 157 of title 23, United States Code. (2) by inserting ‘‘(1) IN GENERAL.—’’ before (C) in subsection (b)— (j) ADJUSTMENTS FOR THE SURFACE TRANSPOR- ‘‘On October 1’’; (i) by striking ‘‘(1)’’ the first place it appears TATION EXTENSION ACT OF 1997.— (3) by striking the first parenthetical phrase; and all that follows through ‘‘No funds’’ and (4) by striking ‘‘and research’’ the first place (1) IN GENERAL.—Notwithstanding any other inserting ‘‘No funds’’; and provision of law and subject to section 2(c) of it appears; (ii) by striking paragraphs (2), (3), and (4). (5) by striking the second sentence; the Surface Transportation Extension Act of (6) SUSPENSION OF LICENSES OF INDIVIDUALS (6) by adding at the end the following: 1997, the Secretary shall ensure that the total CONVICTED OF DRUG OFFENSES.—Section 159(b) is apportionments for a State for fiscal year 1998 ‘‘(2) NOTICE TO STATES.—If the Secretary has amended— not made an apportionment under section 104, made under the Building Efficient Surface (A) by striking ‘‘PERIOD OF AVAILABILITY;’’ in Transportation and Equity Act of 1998 (includ- 144, or 157 of title 23, United States Code, on or the subsection heading; and before the 21st of a fiscal year, then the Sec- ing amendments made by such Act) shall be re- (B) by striking ‘‘(1)’’ the first place it appears duced by the amount apportioned to such State retary shall transmit, on or before such 21st and all that follows through ‘‘No funds’’ and day, to the Committee on Transportation and under section 1003(d)(1) of the Intermodal Sur- inserting ‘‘No funds’’; and face Transportation Efficiency Act of 1991. Infrastructure of the House of Representatives (C) by striking paragraphs (2), (3), and (4). and the Committee on Environment and Public (2) REPAYMENT OF TRANSFERRED FUNDS.—The (7) OPERATION OF MOTOR VEHICLES BY INTOXI- Works of the Senate a written statement of the Secretary shall ensure that any apportionments CATED MINORS.—Section 161(a) is amended by made to a State for fiscal year 1998 and adjusted reason for not making such apportionment in a striking ‘‘(B)’’ each place it appears. timely manner.’’; and under paragraph (1) shall first be used to restore (h) STATE PERCENTAGES FOR NATIONAL HIGH- (7) by indenting paragraph (1), as designated in accordance with section 3(c) of the Surface WAY SYSTEM APPORTIONMENTS.— by paragraph (2) of this subsection, and align- Transportation Extension Act of 1997 any funds (1) IN GENERAL.—The percentage referred to in ing such paragraph (1) with paragraph (2) of that a State transferred under section 3 of such section 104(b)(1) of title 23, United States Code, such section, as added by paragraph (6) of this Act. for each State shall be determined in accordance subsection. (3) INSUFFICIENT FUNDS FOR REPAYMENT.—If a with the following table: (e) METROPOLITAN PLANNING SET-ASIDE.—Sec- State has insufficient funds apportioned in fis- tion 104(f) is amended— States: Adjustment percentage cal year 1998 under the Building Efficient Sur- (1) in paragraph (1) by striking ‘‘Interstate Alabama ...... 2.02 face Transportation and Equity Act of 1998 (in- construction and Interstate substitute pro- Alaska ...... 1.24 cluding amendments made by such Act) to make grams’’ and inserting ‘‘recreational trails pro- Arizona ...... 1.68 the adjustment required by paragraph (1), then gram’’; and Arkansas ...... 1.32 the Secretary shall make an adjustment to any (2) in paragraph (3) by striking ‘‘120(j) of this California ...... 9.81 funds apportioned to such State in fiscal year title’’ and inserting ‘‘120(b)’’. Colorado ...... 1.23 1999. (f) RECREATIONAL TRAILS PROGRAM.—Section Connecticut ...... 1.64 (4) ALLOCATED PROGRAMS.—Notwithstanding 104(h) of such title is amended to read as fol- Delaware ...... 0.40 any other provision of law, amounts made avail- lows: District of Columbia ...... 0.52 able for fiscal year 1998 by the Building Effi- ‘‘(h) RECREATIONAL TRAILS PROGRAM.— Florida ...... 4.77 cient Surface Transportation and Equity Act of ‘‘(1) ADMINISTRATIVE COSTS.—Whenever an Georgia ...... 3.60 1998 (including amendments made by such Act) apportionment is made of the sums authorized Hawaii ...... 0.70 for a program that is continued by both of sec- to be appropriated to carry out the recreational Idaho ...... 0.70 tions 4, 5, 6, and 7 of the Surface Transpor- trails program under section 206, the Secretary Illinois ...... 3.71 tation Extension Act of 1997 (including amend- shall deduct an amount, not to exceed 3 percent Indiana ...... 2.63 ments made by such sections) and the Building of the sums authorized, to cover the cost to the Iowa ...... 1.13 Efficient Surface Transportation and Equity Secretary for administration of and research Kansas ...... 1.10 Act of 1998 (including amendments made by and technical assistance under the recreational Kentucky ...... 1.91 such Act) shall be reduced by the amount made trails program and for administration of the Na- Louisiana ...... 1.63 available by such sections 4, 5, 6, and 7 for such tional Recreational Trails Advisory Committee. Maine ...... 0.50 programs. The Secretary may enter into contracts with for- Maryland ...... 1.64 SEC. 105. INTERSTATE MAINTENANCE PROGRAM. profit organizations or contracts, partnerships, Massachusetts ...... 1.68 Section 119 is further amended— or cooperative agreements with other govern- Michigan ...... 3.34 (1) in subsection (a)— ment agencies, institutions of higher learning, Minnesota ...... 1.56 (A) by striking ‘‘and rehabilitating’’ and in- or nonprofit organizations to perform these Mississippi ...... 1.23 serting ‘‘, rehabilitating, and reconstructing’’; tasks. Missouri ...... 2.45 (B) by striking ‘‘of this title and’’ and insert- ‘‘(2) APPORTIONMENT TO THE STATES.—After Montana ...... 0.95 ing a comma; making the deduction authorized by paragraph Nebraska ...... 0.73 (C) by striking ‘‘this sentence’’ and inserting (1) of this subsection, the Secretary shall appor- Nevada ...... 0.67 ‘‘the Building Efficient Surface Transportation tion the remainder of the sums authorized to be New Hampshire ...... 0.48 and Equity Act of 1998’’; H1922 CONGRESSIONAL RECORD — HOUSE April 1, 1998 (D) by striking ‘‘of this title;’’ and inserting ‘‘, (4) by moving such paragraph (7) (including under this section in a fiscal year beginning and any segments that become part of the Inter- such subparagraphs and clauses) to the end of after September 30, 1997, to any other apportion- state System under section 1105(e)(5) of the subsection (b); and ment of funds to such State under this title, the Intermodal Surface Transportation Efficiency (5) by moving such paragraph (7) (including total cost of deficient bridges in such State and Act of 1991;’’; and such subparagraphs and clauses) 2 ems to the in all States to be determined for the succeeding (E) by striking ‘‘subsection (e)’’ and inserting right. fiscal year shall be reduced by the amount of ‘‘section 129 or continued in effect by section (g) EFFECT ON EXISTING APPORTIONMENTS.— such transferred funds’’. 1012(d) of the Intermodal Surface Transpor- The amendments made by this section shall not (b) DISCRETIONARY BRIDGE SET-ASIDE.—Sec- tation Efficiency Act of 1991 and not voided by affect funds apportioned or allocated under title tion 144(g)(1) is amended— the Secretary under section 120(c) of the Surface 23, United States Code, before the date of the (1) by inserting ‘‘(A) FISCAL YEARS 1992 Transportation and Uniform Relocation Assist- enactment of this Act. THROUGH 1997.—’’ before ‘‘Of the amounts’’; ance Act of 1987 (101 Stat. 159)’’; (h) INTERMODAL FREIGHT CONNECTORS (2) by adding at the end the following: (2) by striking subsections (b), (c), and (e); STUDY.— ‘‘(B) FISCAL YEAR 1998.—The amounts author- and (1) REPORT.—Not later than 24 months after ized for fiscal year 1998 by section 127(a)(1) of (3) by redesignating subsections (d), (f), and the date of the enactment of this Act, the Sec- the Building Efficient Surface Transportation (g) as subsections (b), (c), and (d), respectively. retary shall review the condition of and im- and Equity Act of 1998 shall be at the discretion SEC. 106. NATIONAL HIGHWAY SYSTEM. provements made to connectors on the National of the Secretary. 25 percent of such amount (a) COMPONENTS.—Section 103(b) is amended— Highway System approved by this Act that serve shall be available only for projects for the seis- (1) by striking the last 4 sentences of para- seaports, airports, and other intermodal freight mic retrofit of a bridge described in subsection graph (2)(B); transportation facilities since the designation of (l). (2) in paragraph (2)(C) by striking ‘‘and be the National Highway System and shall report ‘‘(C) FISCAL YEARS 1999 THROUGH 2003.—The subject to approval by Congress in accordance to Congress on the results of such review. amounts authorized for each of fiscal years 1999 with paragraph (3)’’; and (2) REVIEW.—In preparing the report, the Sec- through 2003 by section 127(a)(1) of the Building (3) in paragraph (2)(D) by striking ‘‘and sub- retary shall review the connectors designated by Efficient Surface Transportation and Equity ject to approval by Congress in accordance with this Act as part of the National Highway System Act of 1998 shall be at the discretion of the Sec- paragraph (3)’’. and identify projects carried out on those con- retary. Not to exceed 25 percent of such amount (b) MAXIMUM MILEAGE.—Section 103(b) is nectors which were intended to provide and im- shall be available only for projects for the seis- amended— prove service to an intermodal facility referred mic retrofit of bridges, including projects in the (1) by striking paragraphs (3) and (4) and in- to in paragraph (1) and to facilitate the efficient New Madrid fault region.’’; and serting the following: movement of freight, including movements of (3) by indenting subparagraph (A), as so des- ‘‘(3) MAXIMUM MILEAGE.—The mileage of freight between modes. ignated by paragraph (1) of this subsection, and highways on the National Highway System (3) IDENTIFICATION OF IMPEDIMENTS.—If the aligning such subparagraph (A) with subpara- shall not exceed 155,000 miles; except that the Secretary determines on the basis of the review graphs (B) and (C), as inserted by paragraph (2) Secretary may increase or decrease such maxi- that there are impediments to improving the of this subsection. mum mileage by not to exceed 15 percent.’’; and connectors serving intermodal facilities referred (c) OFF SYSTEM BRIDGE-SET ASIDE.—Section (2) by redesignating paragraphs (5) and (6) as to in paragraph (1), the Secretary shall identify 144(g)(3) is amended— paragraphs (4) and (5), respectively. such impediments, including any funding for (1) by striking ‘‘, 1988’’ and all that follows (c) DESIGNATION.—Section 103(b)(4), as so re- such connectors, and make any appropriate rec- through ‘‘1997,’’ and inserting ‘‘through 2003,’’; designated by subsection (b)(2) of this section, is ommendations as part of the Secretary’s report and amended— to Congress. (2) by striking ‘‘system’’ each place it appears (1) by inserting ‘‘(A) BASIC SYSTEM.—’’ before (i) HIGHWAY SIGNS ON THE NATIONAL HIGHWAY and inserting ‘‘highway’’. ‘‘The National’’; SYSTEM.— (d) ELIGIBILITY.—Section 144 is amended— (2) by inserting after subparagraph (A), as so (1) COMPETITION.—The Secretary shall con- (1) in subsection (d) by inserting after ‘‘mag- designated by paragraph (1) of this subsection, duct in accordance with this subsection a na- nesium acetate’’ the following: ‘‘, sodium ace- the following: tional children’s competition to design a na- tate/formate, or agriculturally derived, environ- ‘‘(B) INTERMODAL CONNECTORS.—The modi- tional logo sign for the routes comprising the mentally acceptable, minimally corrosive anti- fications to the National Highway System that National Highway System. Children 14 years of icing and de-icing compositions or installing consist of highway connections to major ports, age and under shall be eligible for such competi- scour countermeasures’’; airports, international border crossings, public tion. (2) in subsection (d) by inserting after ‘‘such transportation and transit facilities, interstate (2) PANEL OF JUDGES.—The Secretary shall ap- acetate’’ each place it appears the following: bus terminals, and rail and other intermodal point a panel of not less than 6 persons to ‘‘or sodium acetate/formate or such anti-icing or transportation facilities, as submitted to Con- evaluate all designs submitted under the com- de-icing composition or installation of such gress by the Secretary on the map dated May 24, petition and select a winning design. The panel countermeasures’’; and 1996, are designated within the United States, shall be composed of— (3) in subsection (g)(3) by inserting after including the District of Columbia and the Com- (A) a representative of the Department of ‘‘magnesium acetate’’ the following: ‘‘, sodium monwealth of Puerto Rico.’’; and Transportation; acetate/formate, or agriculturally derived, envi- (3) by indenting such subparagraph (A) and (B) a representative designated by the Amer- ronmentally acceptable, minimally corrosive aligning it with subparagraph (B), as inserted ican Association of State Highway and Trans- anti-icing and de-icing compositions or install by paragraph (2) of this subsection. portation Officials; scour countermeasures’’. (d) MODIFICATIONS.—Section 103(b)(5)(A), as (C) a representative of the motor carrier in- (e) CONFORMING AMENDMENT.—Section 144(n) redesignated by subsection (b)(2) of this section, dustry; is amended by striking ‘‘system’’ and inserting is amended by inserting ‘‘or, in the case of the (D) a representative of private organizations ‘‘highway’’. strategic highway network, that are proposed by dedicated to advancement of the arts; and SEC. 108. SURFACE TRANSPORTATION PROGRAM. the Secretary in consultation with appropriate (E) a representative of the motoring public. (a) ESTABLISHMENT OF PROGRAM.—Section Federal agencies and the States’’ before ‘‘if the (3) REPORT AND PLAN.—Not later than 24 133(a) is amended by inserting after ‘‘establish’’ Secretary’’. months after the date of the enactment of this the following: ‘‘and implement’’. (e) CONFORMING AMENDMENTS.—Section 103(b) section, the Secretary shall initiate and com- (b) APPLICATION OF ANTI-ICING AND DE-ICING is amended— plete the competition and submit to the Commit- COMPOSITIONS TO BRIDGES.—Section 133(b)(1) is (1) in paragraph (5), as redesignated by sub- tee on Transportation and Infrastructure of the amended by inserting after ‘‘magnesium ace- section (b)(2) of this section, by striking ‘‘Sub- House of Representatives and the Committee on tate’’ the following: ‘‘, sodium acetate/formate, ject to paragraph (7), the’’ and inserting ‘‘The’’; Environment and Public Works of the Senate a or agriculturally derived, environmentally ac- (2) by striking paragraph (7); report on the results of the competition, a plan ceptable, minimally corrosive anti-icing and de- (3) by redesignating paragraph (8) as para- for the placement of logo signs on the National icing compositions’’. graph (6); and Highway System, and an estimate of the cost of (c) TRANSPORTATION CONTROL MEASURES.— (4) in paragraph (6), as so redesignated, by implementing such plan. Section 133(b)(9) is amended by striking ‘‘clauses striking ‘‘paragraph (5)’’ and inserting ‘‘para- (j) WEST VIRGINIA CORRIDOR 10.—The Sec- (xii) and’’ and inserting ‘‘clause’’. graph (4)’’. retary shall designate in the State of West Vir- (d) ENVIRONMENTAL RESTORATION AND POLLU- (f) TECHNICAL AMENDMENT.—Section 103 is ginia Route 73 between Route 10 and United TION ABATEMENT PROJECTS.—Section 133(b) is amended— States Route 119, Route 10 between Route 80 and amended by adding at the end the following: (1) by redesignating subparagraphs (A), (B), Route 73, and Route 80 between United States ‘‘(12) Environmental restoration and pollution and (C) of subsection (i)(3) as clauses (i), (ii), Route 52 and Route 10 as part of the National abatement projects, including the retrofit or and (iii), respectively; Highway System. construction of storm water treatment systems, (2) by redesignating paragraphs (1) through SEC. 107. HIGHWAY BRIDGE PROGRAM. to address water pollution or environmental (13) of subsection (i) as subparagraphs (A) (a) APPORTIONMENT FORMULA.—Section 144(e) degradation caused or contributed to by existing through (M), respectively; is amended by inserting before the period at the transportation facilities at the time such trans- (3) by redesignating subsection (i) as para- end of the fourth sentence the following: ‘‘, and, portation facilities are undergoing reconstruc- graph (7); if a State transfers funds apportioned to it tion, rehabilitation, resurfacing, or restoration; April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1923 except that the expenditure of funds under this Commerce of the House of Representatives, and (B) develop a public awareness campaign to section for any such environmental restoration the Committee on Environment and Public educate State and local transportation officials, or pollution abatement project shall not exceed Works of the Senate a report on the results of public safety officials, and motorists regarding 20 percent of the total cost of the reconstruction, the study with recommendations for modifica- the extent to which roadway hazards and de- rehabilitation, resurfacing, or restoration tions to the congestion mitigation and air qual- sign features are a factor in motor vehicle crash- project.’’. ity improvement program in light of the results es; and (e) DIVISION OF FUNDS.—Section 133(d)(3)(B) of the study. (C) develop and disseminate information to as- is amended by adding at the end the following: (3) FUNDING.—Before making the apportion- sist State and local transportation officials, ‘‘Notwithstanding subsection (c), up to 15 per- ment of funds under section 104(b)(2) for each of public safety officials, and motorists in identify- cent of the amounts required to be obligated fiscal years 1998 and 1999, the Secretary shall ing roadway hazards and effective counter- under this subparagraph may be obligated on deduct from the amount to be apportioned under measures. roads functionally classified as minor collec- such section for such fiscal year, and make (3) REPORT.—Not later than 24 months after tors.’’. available, $500,000 for such fiscal year to carry the date of entry into the agreement under this (f) PROGRAM APPROVAL.—Section 133(e)(2) is out this subsection. subsection, the Secretary shall transmit to the amended to read as follows: SEC. 110. HIGH RISK ROAD SAFETY IMPROVE- Committee on Transportation and Infrastruc- ‘‘(2) PROGRAM APPROVAL.—Each State shall MENT PROGRAM. ture of the House of Representatives and the submit a project agreement for each fiscal year, (a) IN GENERAL.—Chapter 1 is amended by in- Committee on Environment and Public Works of certifying that the State will meet all the re- serting after section 153 the following: the Senate a report on the status of the program quirements of this section and notifying the Sec- ‘‘§ 154. High risk road safety improvement pro- authorized by this subsection. Such report shall retary of the amount of obligations needed to gram be updated each year thereafter, and a final re- administer the surface transportation program. ‘‘(a) ESTABLISHMENT.—The Secretary shall es- port shall be transmitted not later than 5 years Each State shall request adjustments to the tablish and implement a high risk road safety after the date of entry into the agreement. amount of obligations as needed. The Sec- improvement program in accordance with this (4) FUNDING.—Before funds are apportioned retary’s approval of the project agreement shall section. under section 104(b)(4) of title 23, United States be deemed a contractual obligation of the ‘‘(b) ELIGIBLE PROJECTS.—A State may obli- Code, for each of fiscal years 1998 through 2003, United States for the payment of surface trans- gate funds apportioned to it under section the Secretary shall deduct a sum not to exceed portation program funds provided under this 104(b)(4) only for construction and operational $1,000,000 per fiscal year for carrying out this title.’’. improvement projects, and for pavement mark- subsection. Such sums shall remain available (g) CONFORMING AMENDMENT.—Section 133(f) ing and signing projects, on high risk roads and until expended. is amended by striking ‘‘6-fiscal year period 1992 only if the primary purpose of the project is to SEC. 111. MINIMUM ALLOCATION. through 1997’’ and inserting ‘‘fiscal years for improve highway safety on a high risk road. (a) GENERAL RULES.—Section 157(a) is amend- which funds are made available by the Building ‘‘(c) STATE ALLOCATION SYSTEM.—Each State ed— Efficient Surface Transportation and Equity shall establish a system for allocating funds ap- (1) in paragraph (4)— Act of 1998’’. portioned to it under section 104(b)(4) among (A) by striking ‘‘THEREAFTER’’ and inserting (h) ENCOURAGEMENT OF USE OF YOUTH CON- projects eligible for assistance under this section ‘‘FISCAL YEARS 1992–1997’’; and SERVATION OR SERVICE CORPS.—The Secretary that have the highest benefits to highway safe- (B) by striking ‘‘fiscal year 1992 and each fis- shall encourage the States to enter into con- ty. Such system may include a safety manage- cal year thereafter’’ and inserting ‘‘each of fis- tracts and cooperative agreements with qualified ment system established by the State under sec- cal years 1992 through 1997’’; and youth conservation or service corps to perform tion 303 or a survey established pursuant to sec- (2) by adding at the end the following new appropriate transportation enhancement tion 152(a). paragraph: projects under chapter 1 of title 23, United ‘‘(d) TRANSFERABILITY.—A State may transfer ‘‘(5) THEREAFTER.—In fiscal year 1998 and States Code. not to exceed 50 percent of the amount of funds each fiscal year thereafter on October 1, or as SEC. 109. CONGESTION MITIGATION AND AIR apportioned to it under section 104(b)(4) for any soon as possible thereafter, the Secretary shall QUALITY IMPROVEMENT PROGRAM. fiscal year to the apportionment of such State allocate among the States amounts sufficient to (a) ESTABLISHMENT OF PROGRAM.—Section under section 104(b)(1) or 104(b)(3) or both. ensure that a State’s percentage of the total ap- 149(a) is amended by inserting after ‘‘establish’’ ‘‘(e) APPLICABILITY OF PLANNING REQUIRE- portionments in each such fiscal year for Inter- the following: ‘‘and implement’’. MENTS.—Programming and expenditure of funds state maintenance, the National Highway Sys- (b) CURRENTLY ELIGIBLE PROJECTS.—Section for projects under this section shall be consist- tem, the bridge program, the surface transpor- 149(b) is amended— ent with the requirements of sections 134 and tation program, the congestion mitigation and (1) in paragraph (1)(A) by striking ‘‘clauses 135. air quality improvement program, the high pri- (xii) and’’; and inserting ‘‘clause’’; ‘‘(f) DEFINITIONS.—In this section, the follow- ority projects program, the high risk road safety (2) by striking ‘‘or’’ at the end of paragraph ing definitions apply: improvement program, the recreational trails (3); ‘‘(1) HIGH RISK ROAD.—The term ‘high risk program, the Appalachian Development High- (3) by striking ‘‘standard.’’ at the end of para- road’ means any Federal-aid highway or seg- way System program, and metropolitan plan- graph (4) and inserting ‘‘standard; or’’; and ment of a Federal-aid highway— ning shall not be less than 95 percent of the per- (4) by inserting after paragraph (4) the follow- ‘‘(A) on which a significant number of severe centage of estimated tax payments attributable ing: motor vehicle crashes occur; or to highway users in the State paid into the ‘‘(5) if the program or project would have been ‘‘(B) which has current, or will likely have, Highway Trust Fund, other than the Mass eligible for funding on or before September 30, increases in traffic volume that are likely to cre- Transit Account, in the latest fiscal year for 1997, under guidance issued by the Secretary to ate a potential for severe crash consequences in which data are available. In determining alloca- implement this section.’’. a significant number of motor vehicle crashes. tions under this paragraph, the Secretary shall ‘‘(2) SEVERE CRASH.—The term ‘severe crash’ (c) STUDY OF EFFECTIVENESS OF CMAQ PRO- not take into account the 2 percent set aside means a motor vehicle crash in which a fatality GRAM.— under section 104(b)(3)(A).’’. or incapacitating injury occurs.’’. (1) STUDY.—The Secretary shall request the (b) AVAILABILITY OF FUNDS.—Section 157(b) is (b) CONFORMING AMENDMENT.—The table of National Academy of Sciences to study the im- amended— sections for chapter 1 is amended by inserting pact of the congestion mitigation and air quality (1) by inserting before ‘‘Amounts allocated’’ after the item relating to section 153 the follow- improvement program on the air quality of non- the following: ‘‘AVAILABILITY OF FUNDS.—’’; attainment areas. The study shall, at a mini- ing: (2) by striking ‘‘Interstate highway sub- mum— ‘‘154. High risk road safety improvement pro- stitute,’’ and all that follows through ‘‘crossing (A) determine the amount of funds obligated gram.’’. projects’’ and inserting ‘‘any purpose described under such program in each nonattainment area (c) ROADWAY SAFETY AWARENESS AND IM- in section 133(b)’’; and and to make a comprehensive analysis of the PROVEMENT PROGRAM.— (3) by inserting before the period at the end types of projects funded under such program; (1) IN GENERAL.—For purposes of identifying ‘‘and section 103(c) of the Building Efficient (B) identify any improvements to or degrada- high-risk roadway hazards and effective coun- Surface Transportation and Equity Act of tions of the air quality in each nonattainment termeasures and improving the collection and 1998’’. area; public dissemination of information regarding (c) CONFORMING AMENDMENTS.—Section 157 is (C) measure the impact of the projects funded such hazards and their impact on the number further amended— under such program on the air quality of each and severity of motor vehicle crashes, the Sec- (1) in subsection (d) by striking ‘‘154(f) or’’; nonattainment area; and retary shall enter into an agreement with a pri- and (D) assess the cost effectiveness of projects vate nonprofit national organization that is (2) in subsection (e) by inserting before ‘‘In funded under such program in nonattainment dedicated solely to improving roadway safety. order’’ the following: ‘‘AUTHORIZATION OF AP- areas, including, to the extent possible, the cost (2) TERMS OF AGREEMENT.—Under the terms of PROPRIATIONS.—’’. per ton of reductions of ozone and carbon mon- the agreement entered into under this sub- (d) MINIMUM ALLOCATION ADJUSTMENT.—If oxide and reduction of traffic congestion. section, the organization shall— the Secretary— (2) REPORT.—Not later than January 1, 2000, (A) develop a pilot program to improve the col- (1) determines that— the National Academy of Sciences shall transmit lection of data pertaining to roadway hazards (A) the ratio of— to the Secretary, the Committee on Transpor- and design features that cause or increase the (i) the aggregate of funds made available by tation and Infrastructure and the Committee on severity of motor vehicle crashes; this Act, including any amendments made by H1924 CONGRESSIONAL RECORD — HOUSE April 1, 1998 this Act, that are apportioned to a State for allocation under section 157 of title 23, United ‘‘§ 160. High cost interstate system reconstruc- Federal-aid highway programs (including funds States Code, including allocations required by tion and improvement program allocated to the State under sections 104(j) and subsection (d) of this section. ‘‘(a) ESTABLISHMENT.—The Secretary shall es- 157 of title 23, United States Code) for each fis- SEC. 112. APPALACHIAN DEVELOPMENT HIGHWAY tablish and implement a high cost Interstate cal year beginning after September 30, 1997, to SYSTEM. System reconstruction and improvement pro- (ii) the aggregate of such funds apportioned to (a) APPORTIONMENT.—The Secretary shall ap- gram in accordance with this section. all States for such programs for such fiscal year, portion funds made available by section 102 of ‘‘(b) ELIGIBLE PROJECTS.—Funds made avail- is less than this Act for fiscal years 1998 through 2003 able to carry out the high cost interstate recon- (B) the ratio of— among the States based on the latest available struction and improvement program under this (i) estimated tax payments attributable to cost to complete estimate for the Appalachian section for a fiscal year shall be available for highway users in the State paid into the High- development highway system prepared by the obligation by the Secretary for any major recon- way Trust Fund, other than the Mass Transit Appalachian Regional Commission, unless the struction or improvement project to any high- Account, in the latest fiscal year for which data Appalachian Regional Commission adopts an al- way designated as part of the Interstate System are available, to ternative method for distribution. In general, no (ii) the estimated tax payments attributable to and open to traffic before the date of the enact- State containing Appalachian development highway users in all States paid into such Trust ment of the Building Efficient Surface Trans- highway system routes shall receive an appor- Fund in such latest fiscal year; and portation and Equity Act of 1998. Such funds (2) determines that— tionment of less than $1,000,000. For fiscal years shall be made available by the Secretary to any (A) the ratio determined under paragraph 1999 through 2003, any alternative method for State applying for such funds only if the Sec- (1)(A), is less than distribution adopted by the Appalachian Re- retary determines that— (B) the ratio of— gional Commission must be communicated to the ‘‘(1) the total cost of the project is greater (i) the aggregate of funds made available by Secretary at least 30 days prior to the beginning than the lesser of $200,000,000 or 50 percent of the Intermodal Surface Transportation Effi- of the fiscal year in which the apportionment is the aggregate amount of funds apportioned to ciency Act of 1991, including any amendments to be made. Such funds shall be available to the State under this title for such fiscal year; made by such Act, and section 202 of the Na- construct highways and access roads under sec- ‘‘(2) the project is a ready-to-commence tional Highway System Designation Act of 1995 tion 201 of the Appalachian Regional Develop- project; that are apportioned to the State for Federal- ment Act of 1965. ‘‘(3) the State agrees that it will not transfer aid highway programs (other than Federal (b) APPLICABILITY OF TITLE 23.—Funds au- funds apportioned to it under section 104(b)(5) lands highway programs and projects under sec- thorized by section 102 of this Act for the Appa- for such fiscal year to any other program cat- tions 1103–1108 of the Intermodal Surface Trans- lachian development highway system under sec- egory; and portation Efficiency Act of 1991) for fiscal years tion 201 of the Appalachian Regional Develop- ‘‘(4) the applicant agrees to obligate the funds 1992 through 1997, to ment Act of 1965 shall be available for obligation within 1 year of the date the funds are made (ii) the aggregate of such funds apportioned to in the same manner as if such funds were ap- available. all States for such programs for such fiscal portioned under chapter 1 of title 23, United ‘‘(c) ALLOCATION OF FUNDS.—Subject to sub- years; States Code, except that the Federal share of the section (f)(1), of the funds made available to the Secretary shall allocate under such section cost of any project under this section shall be carry out the program under this section, the 157 to the State amounts sufficient to ensure determined in accordance with such section 201 Secretary shall allocate— that the State’s percentage of total apportion- and such funds shall remain available until ex- ‘‘(1) not less than $165,000,000 for fiscal year ments for Federal-aid highway programs under pended. 1998, $412,500,000 for fiscal year 1999, and this Act (including amendments made by this (c) FEDERAL SHARE FOR PRE-FINANCED $670,000,000 for each of fiscal years 2000 through Act and allocations under such sections 104(j) PROJECTS.—Section 201(h)(1) of the Appalachian 2003 among States in the ratio that the esti- and 157) for such fiscal year beginning after Regional Development Act of 1965 (40 U.S.C. mated cost of carrying out projects determined September 30, 1997, is equal to the State’s per- App.) is amended by striking ‘‘70’’ and inserting by the Secretary to be eligible for funding under centage of total apportionments for Federal-aid ‘‘80’’. subsection (b) in each State bears to the esti- highway programs (other than Federal lands (d) DEDUCTION FOR ADMINISTRATIVE EX- mated cost of carrying out such projects in all of highway programs and projects under sections PENSES.—Section 201 of such Act is amended by the States; and 1103–1008 of the Intermodal Surface Transpor- adding at the end the following new subsection: ‘‘(2) at the discretion of the Secretary, not tation Efficiency Act of 1991) for fiscal year 1997 ‘‘(i) DEDUCTION FOR ADMINISTRATIVE EX- more than the amounts set forth in section under the Intermodal Surface Transportation PENSES.—On October 1 of fiscal year 1998 and 127(a)(2) for each of fiscal years 1998 through Efficiency Act of 1991, including any amend- each fiscal year thereafter, or as soon as is prac- 2003 for projects eligible for assistance under ments made by such Act, and section 202 of the ticable thereafter, there shall be deducted, for this section to— National Highway System Designation Act of the expenses of the Appalachian Regional Com- ‘‘(A) meet an extraordinary need for funding; 1995. The allocation shall be made on October 1 mission in administering the funds authorized or of fiscal year 1998, 1999, 2000, 2001, 2002, or 2003, under this section for such year, not to exceed ‘‘(B) help expedite completion of a project of as the case may be, or as soon as possible there- 3.75 percent of the funds made available for national significance. after and shall be in addition to any other allo- such year under subsection (g) of this section.’’. ‘‘(d) UNALLOCATED FUNDS.— cation to the State under such section 157 for (e) LOCAL PARTICIPATION IN DEDESIGNATION ‘‘(1) APPORTIONMENT.—If, on August 1 of fis- such fiscal year. DECISIONS.—Section 201 of such Act is further cal year 1998 and each fiscal year thereafter, the (e) FINAL ADJUSTMENT.— amended by adding at the end the following: Secretary determines that funds authorized to (1) IN GENERAL.—In fiscal year 1998 and each ‘‘(j) LOCAL PARTICIPATION IN DEDESIGNATION be allocated in such fiscal year for the program fiscal year thereafter on October 1, or as soon as DECISIONS.—Before the State of Ohio may re- under this section will not be allocated in such practicable thereafter, the Secretary shall allo- quest the dedesignation of corridor B from the fiscal year as a result of not enough projects cate under section 157 of title 23, United States Ohio River in Scioto County to the Scioto- being eligible for assistance under this section, Code, among the States amounts sufficient to Adams County line, corridor B1 from the Ken- the Secretary shall apportion under section ensure that the ratio that— tucky State line to the junction with corridor B 104(b)(5) such funds among the States for the (A) each State’s percentage of the total appor- at Rosemount, corridor C from the junction with Interstate maintenance program. tionments for such fiscal year for Interstate corridor B at Lucasville to State Route 159 at ‘‘(2) REDISTRIBUTION OF OBLIGATION AUTHOR- maintenance, National Highway System, high Chillicothe, or corridor D from the Adams Coun- ITY.—The Secretary shall also redistribute on cost Interstate system reconstruction and im- ty line to the Ohio River in Washington County such August 1 any obligation authority that is provement program, surface transportation pro- as segments of the Appalachian development allocated for the fiscal year under section gram, metropolitan planning, congestion mitiga- highway system, the State must consult about 103(c)(4) of the Building Efficient Surface tion and air quality improvement program, high the proposed dedesignation with local elected of- Transportation and Equity Act of 1998 attrib- risk road safety improvement program, bridge ficials having jurisdiction over the area in utable to the program under this section and program, Appalachian development highway which the segment is located and conduct public that the Secretary determines will not be used system, recreational trails program, high prior- hearings on the proposed dedesignation in each before September 30 of such fiscal year among ity projects program, the 2 percent set aside county in which any part of the segment is lo- the States (other than a State from which obli- under section 104(b)(3)(A) of title 23, United cated.’’. gation authority for such fiscal year is redistrib- States Code, and section 157 of such title (in- (f) ADDITIONS TO APPALACHIAN REGION.—The uted under section 103(d) of such Act) in the cluding subsection (d) of this section and this undesignated paragraph relating to Georgia of same ratio as set forth in section 103(c)(5) of subsection), bears to section 403 of such Act is amended— such Act. (B) each State’s percentage of estimated tax (1) by inserting ‘‘Elbert,’’ after ‘‘Douglas,’’; ‘‘(e) APPLICABILITY OF PLANNING REQUIRE- payments attributable to highway users in the and MENTS.—Programming and expenditure of funds State paid into the Highway Trust Fund (other (2) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’. for projects under this section shall be consist- than the Mass Transit Account) in the latest fis- SEC. 113. HIGH COST INTERSTATE SYSTEM RE- ent with the requirements of sections 134 and cal year for which data are available; CONSTRUCTION AND IMPROVEMENT 135. is not less than 0.90. PROGRAM. ‘‘(f) FUTURE ALLOCATIONS.— (2) TREATMENT.—The allocation required by (a) IN GENERAL.—Section 160 is amended to ‘‘(1) FISCAL YEARS 1998–2003.—For fiscal years this paragraph shall be in addition to any other read as follows: 1998, 1999, 2000, 2001, 2002, and 2003, funds to be April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1925 allocated pursuant to subsection (c)(1) shall be ‘‘(A) State and Local Fiscal Assistance Act of ‘‘(B)(i) for construction of any recreational allocated in the same manner as funds appor- 1972 (Public Law 92–512). trail on National Forest System lands for motor- tioned under section 104(b)(5). Such funds shall ‘‘(B) HUD Community Development Block ized uses unless— only be available for projects eligible under sub- Grants (Public Law 93–383). ‘‘(I) such lands have been allocated for uses section (b); except that if a State does not have ‘‘(C) Public Works Employment Act of 1976 other than wilderness by an approved forest a project eligible under subsection (b), funds al- (Public Law 94–369). land and resource management plan or have located to such State under this paragraph shall ‘‘(D) Acts establishing national heritage cor- been released to uses other than wilderness by be available for any project in such State on a ridors and areas. an Act of Congress, and segment of the Interstate System that is open to ‘‘(E) Job Training Partnership Act of 1982 ‘‘(II) such construction is otherwise consistent traffic. (Public Law 97–300). with the management direction in such ap- ‘‘(2) DETERMINATIONS.—The Secretary shall, ‘‘(F) National and Community Service Trust proved land and resource management plan; or in cooperation with States and affected metro- Act of 1993 (Public Law 103–82). ‘‘(ii) for construction of any recreational trail politan planning organizations, determine— ‘‘(G) Personal Responsibility and Work Op- on Bureau of Land Management lands for mo- ‘‘(A) the expected condition of the Interstate portunity Reconciliation Act of 1996 (Public torized uses unless— System over the next 10 years and the needs of Law 104–93). ‘‘(I) such lands have been allocated for uses States and metropolitan planning organizations ‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A other than wilderness by an approved Bureau of to reconstruct and improve the Interstate Sys- State may allow adjustments of the non-Federal Land Management resource management plan tem; and share of individual projects in a fiscal year if or have been released to uses other than wilder- ‘‘(B) a method to allocate funds made avail- the total Federal share payable for all projects ness by an Act of Congress, and able under this section that would— within the State carried out under this section ‘‘(II) such construction is otherwise consistent ‘‘(i) address the needs identified in subpara- with funds apportioned to the State under sec- with the management direction in such ap- graph (A); tion 104(h) for such fiscal year does not exceed proved management plans; or ‘‘(ii) provide a fair and equitable distribution 50 percent. For purposes of this paragraph, a ‘‘(C) for upgrading, expanding, or otherwise of such funds; and project funded under paragraph (2) or (3) of this facilitating motorized use or access to trails pre- ‘‘(iii) allow for States to address any extraor- subsection may not be included in the calcula- dominantly used by non-motorized trail users dinary needs. tion of the programmatic non-Federal share. and on which, as of May 1, 1991, motorized use ‘‘(3) REPORT.—The determination made under ‘‘(5) STATE ADMINISTRATIVE COSTS.—The Fed- is either prohibited or has not occurred. paragraph (2) shall be submitted to Congress in eral share payable on account of the adminis- ‘‘(3) GRANTS.— a report not later than January 1, 2000.’’. trative costs of a State under subsection ‘‘(A) IN GENERAL.—A State may provide funds (b) CONFORMING AMENDMENT.—The table of (e)(1)(A) shall be determined in accordance with apportioned to it under section 104(h) to make sections for chapter 1 is amended by striking the section 120(b). grants to private individuals, organizations, mu- item relating to section 160 and inserting the fol- ‘‘(e) USE OF FUNDS.— nicipal, county, State, and Federal government lowing: ‘‘(1) PERMISSIBLE USES.—A State may use entities, and other government entities as ap- ‘‘160. High cost interstate system reconstruction funds apportioned to it under section 104(h)— proved by the State after considering guidance and improvement program.’’. ‘‘(A) in an amount not exceeding 7 percent of from the recreational trail advisory committee SEC. 114. RECREATIONAL TRAILS PROGRAM. such funds, for administrative costs of the State; satisfying the requirements of subsection (c)(2), (a) IN GENERAL.—Chapter 2 of title 23, United ‘‘(B) in an amount not exceeding 5 percent of for uses consistent with this section. States Code, is amended by inserting after sec- such funds, for operation of environmental pro- ‘‘(B) COMPLIANCE.—A State that makes grants tion 205 the following: tection education and safety education pro- under subparagraph (A) shall establish meas- ‘‘§ 206. Recreational trails program grams relating to the use of recreational trails; ures to verify that recipients comply with the ‘‘(a) IN GENERAL.—The Secretary, in consulta- ‘‘(C) for development and rehabilitation of specified conditions for the use of grant moneys. tion with the Secretary of the Interior and the urban trail linkages to provide connections to ‘‘(4) ASSURED ACCESS TO FUNDS.—Except as Secretary of Agriculture, shall administer a na- and among neighborhoods and community cen- provided under paragraph (7), not less than 30 tional program for the purposes of providing ters and between trails; percent of the funds apportioned to a State in a and maintaining recreational trails. ‘‘(D) for maintenance of existing recreational fiscal year under section 104(h) shall be reserved ‘‘(b) STATEMENT OF INTENT.—Funds made trails, including the grooming and maintenance for uses relating to motorized recreation, and available to carry out the recreational trails of trails across snow; not less than 30 percent of such funds shall be program under this section are to be derived ‘‘(E) for restoration of areas damaged by reserved for uses relating to non-motorized from revenues collected through motor fuel taxes usage of recreational trails, including back recreation. from nonhighway users and are to be used on country terrain; ‘‘(5) ENVIRONMENTAL MITIGATION.— trails and trail-related projects which have been ‘‘(F) for development and rehabilitation of ‘‘(A) REQUIREMENT.—To the extent prac- planned and developed under the otherwise ex- trail-side and trail-head facilities that meet ticable and consistent with other requirements isting laws, policies, and administrative proce- goals identified by the National Recreational of this section, in complying with paragraph (4), dures within each State, and which are identi- Trails Advisory Committee; a State should give consideration to project pro- fied in, or which further a specific goal of, a ‘‘(G) for provision of features which facilitate posals that provide for the redesign, reconstruc- trail plan included or referenced in a statewide the access and use of trails by persons with dis- tion, nonroutine maintenance, or relocation of comprehensive outdoor recreation plan required abilities; trails in order to mitigate and minimize the im- by the Land and Water Conservation Fund Act ‘‘(H) for acquisition of easements for trails, or pact to the natural environment. of 1965 (16 U.S.C. 460l–4 et seq.). for trail corridors identified in a State trail ‘‘(B) GUIDANCE.—A recreational trail advisory ‘‘(c) STATE ELIGIBILITY.—A State shall be eli- plan; committee satisfying the requirements of sub- gible to obligate funds apportioned to it under ‘‘(I) for acquisition of fee simple title to prop- section (c)(2) shall issue guidance to a State for section 104(h) only if— erty from a willing seller, when the objective of the purposes of implementing subparagraph (A). ‘‘(1) the Governor of the State has designated the acquisition cannot be accomplished by ac- ‘‘(6) DIVERSIFIED TRAIL USE.— the State agency or agencies that will be respon- quisition of an easement or by other means; ‘‘(A) REQUIREMENT.—To the extent prac- sible for administering funds received under this ‘‘(J) for construction of new trails on State, ticable and consistent with other requirements section; and county, municipal, or private lands, where a of this section, a State shall expend funds ap- ‘‘(2) a recreational trail advisory committee on recreational need for such construction is portioned to it under section 104(h) in a manner which both motorized and nonmotorized rec- shown; and that gives preference to project proposals reational trail users are fairly represented exists ‘‘(K) only as otherwise permissible and where which— within the State. necessary and required by a statewide com- ‘‘(i) provide for the greatest number of com- ‘‘(d) FEDERAL SHARE PAYABLE.— prehensive outdoor recreation plan, for con- patible recreational purposes, including those ‘‘(1) IN GENERAL.—Except as provided in para- struction of new trails crossing Federal lands if described in subsection (g)(3); or graphs (2), (3), (4), and (5), the Federal share such construction is approved by the admin- ‘‘(ii) provide for innovative recreational trail payable on account of a project under this sec- istering agency of the State and the Federal corridor sharing to accommodate motorized and tion shall not exceed 50 percent. agency or agencies charged with management of non-motorized recreational trail use. ‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—Not- all impacted lands and if such approval is con- This paragraph shall remain effective with re- withstanding any other provision of law, a Fed- tingent upon compliance by the Federal agency spect to a State until such time as the State has eral agency sponsoring a project under this sec- with all applicable laws, including the National allocated not less than 40 percent of funds ap- tion may contribute additional Federal funds to- Environmental Policy Act (42 U.S.C. 4321 et portioned to it under section 104(h) in such ward a project’s cost if the share attributable to seq.), the Forest and Rangeland Renewable Re- manner. the Secretary does not exceed 50 percent and the sources Planning Act of 1974 (16 U.S.C. 1600 et ‘‘(B) COMPLIANCE.—The State shall receive share attributable to the Secretary and the Fed- seq.), and the Federal Land Policy and Man- guidance for determining compliance with sub- eral agency jointly does not exceed 80 percent. agement Act (43 U.S.C. 1701 et seq.). paragraph (A) from the recreational trail advi- ‘‘(3) ALLOWABLE MATCH FROM FEDERAL PRO- ‘‘(2) USE NOT PERMITTED.—A State may not sory committee satisfying the requirements of GRAMS.—The following Federal programs may use funds apportioned to it under section subsection (c)(2). be used to contribute additional Federal funds 104(h)— ‘‘(7) EXEMPTIONS.— toward a project’s cost and may be accounted ‘‘(A) for condemnation of any kind of interest ‘‘(A) SMALL STATE.—Any State with a total for as contributing to the non-Federal share: in property; land area of less than 3,500,000 acres and in H1926 CONGRESSIONAL RECORD — HOUSE April 1, 1998 which nonhighway recreational fuel use ac- night or long-distance backpacking, environmental reviews and permits, and con- counts for less than 1 percent of all such fuel snowmobiling, aquatic or water activity, or ve- struction of all segments. use in the United States shall be exempted from hicular travel by motorcycle, four-wheel drive or (3) A finance plan, including any innovative the requirements of paragraph (4) upon applica- all-terrain off-road vehicles, without regard to financing methods and, if the corridor is a tion to the Secretary by the State demonstrating whether it is a ‘National Recreation Trail’ des- multistate corridor, a State-by-State breakdown that it meets the conditions of this paragraph. ignated under section 4 of the National Trails of corridor finances. ‘‘(B) STATE RECREATIONAL TRAIL ADVISORY System Act (16 U.S.C. 1243). (4) The results of any environmental reviews COMMITTEE.—If approved by the State rec- ‘‘(4) MOTORIZED RECREATION.—The term ‘mo- and mitigation plans. reational trail advisory committee satisfying the torized recreation’ means off-road recreation (5) The identification of any impediments to requirements of subsection (c)(2), the State may using any motor-powered vehicle, except for mo- the development and construction of the cor- be exempted from the requirements of paragraph torized wheelchairs.’’. ridor, including any environmental, social, po- (4). (b) CONFORMING AMENDMENT.—The analysis litical and economic objections. ‘‘(8) CONTINUING RECREATIONAL USE.—At the for chapter 2 is amended by inserting after the In the case of a multistate corridor, the Sec- option of each State, funds apportioned to it item relating to section 205 the following: retary shall ensure that all States having juris- under section 104(h) may be treated as Land ‘‘206. Recreational trails program.’’. diction over any portion of such corridor will and Water Conservation Fund moneys for the participate in the development of such plan. (c) REPEAL OF OBSOLETE PROVISION.—Section purposes of section 6(f)(3) of the Land and 1302 of the Intermodal Surface Transportation (e) APPLICABILITY OF TITLE 23.—Funds made Water Conservation Fund Act. Efficiency Act of 1991 (16 U.S.C. 1261) is re- available by section 127(a)(3)(B) of this Act shall ‘‘(9) CREDIT FOR DONATIONS OF FUNDS, MATE- pealed. be available for obligation in the same manner RIALS, SERVICES, OR NEW RIGHT-OF-WAY.—Noth- as if such funds were apportioned under chap- ERMINATION OF ADVISORY COMMITTEE.— ing in this title or any other law shall prevent (d) T Section 1303 of such Act (16 U.S.C. 1262) is ter 1 of title 23, United States Code. a project sponsor from offering to donate funds, (f) STATE DEFINED.—In this section, the term amended by adding at the end the following: materials, services, or new right-of-way for the ‘‘State’’ has the meaning such term has under ‘‘(j) TERMINATION.—The advisory committee purposes of a project eligible for assistance. Any established by this section shall terminate on section 101 of title 23, United States Code. funds, or the fair market value of any materials, September 30, 2000.’’. SEC. 116. COORDINATED BORDER INFRASTRUC- services, or new right-of-way may be donated by TURE AND SAFETY PROGRAM. (e) ENCOURAGEMENT OF USE OF YOUTH CON- any project sponsor and shall be credited to the (a) GENERAL AUTHORITY.—The Secretary shall SERVATION OR SERVICE CORPS.—The Secretary non-Federal share in accordance with sub- shall encourage the States to enter into con- establish and implement a coordinated border section (d). Any funds or the fair market value tracts and cooperative agreements with qualified infrastructure and safety program under which of any materials or services may be provided by youth conservation or service corps to perform the Secretary may make allocations to any bor- a Federal project sponsor and shall be credited construction and maintenance of recreational der State for projects to improve the safe move- as part of that Federal agency’s share under trails under section 206 of title 23, United States ment of people and goods at or across the border subsection (d)(2). Code. between the United States and Canada and the ‘‘(10) RECREATIONAL PURPOSE.—A project border between the United States and Mexico. SEC. 115. NATIONAL CORRIDOR PLANNING AND funded under this section is intended to en- (b) ELIGIBLE USES.—Allocations under this DEVELOPMENT PROGRAM. hance recreational opportunity and is not sub- section may only be used in a border region (a) IN GENERAL.—The Secretary shall estab- ject to the provisions of section 303 of title 49 or for— section 138 of this title. lish and implement a program to make alloca- (1) improvements to existing transportation ‘‘(f) COORDINATION OF ACTIVITIES.— tions to States for coordinated planning, design, and supporting infrastructure that facilitate ‘‘(1) COOPERATION BY FEDERAL AGENCIES.— and construction of corridors of national signifi- cross-border vehicle and cargo movements; Each agency of the United States that manages cance, economic growth, and international or (2) construction of highways and related safe- land on which a State proposes to construct or interregional trade. A State may apply to the ty and safety enforcement facilities that will fa- maintain a recreational trail pursuant to this Secretary for allocations under this section. cilitate vehicle and cargo movements related to section is encouraged to cooperate with the (b) ELIGIBILITY OF CORRIDORS.— international trade; State and the Secretary in planning and carry- (1) IN GENERAL.—The Secretary may make al- (3) operational improvements, including im- ing out the activities described in subsection (e). locations under this section only with respect to provements relating to electronic data inter- Nothing in this section diminishes or in any way high priority corridors identified in section change and use of telecommunications, to expe- alters the land management responsibilities, 1105(c) of the Intermodal Surface Transpor- dite cross border vehicle and cargo movement; plans, and policies established by such agencies tation Efficiency Act of 1991. (4) modifications to regulatory procedures to pursuant to other applicable laws. (2) SPECIAL RULE.—In fiscal years 1998 expedite cross border vehicle and cargo move- ‘‘(2) COOPERATION BY PRIVATE PERSONS.— through 2000, the Secretary may make, on an in- ments; and ‘‘(A) WRITTEN ASSURANCES.—As a condition to terim basis pending identification by Congress of (5) international coordination of planning, making available funds for work on recreational high priority corridors as part of a law provided programming, and border operation with Can- trails that would affect privately owned land, a for in section 508 of this Act, allocations under ada and Mexico relating to expediting cross bor- State shall obtain written assurances that the this section for the creation or upgrade of any der vehicle and cargo movements. owner of the property will cooperate with the other significant regional or multistate highway (c) SELECTION CRITERIA.—The Secretary shall State and participate as necessary in the activi- corridor not described in whole or in part in make allocations under this section on the basis ties to be conducted. paragraph (1) that the Secretary determines of— ‘‘(B) PUBLIC ACCESS.—Any use of funds ap- would— (1) expected reduction in commercial and portioned to a State under section 104(h) on pri- (A) facilitate international or interregional other motor vehicle travel time through an inter- vate lands must be accompanied by an easement trade; or national border crossing as a result of the or other legally binding agreement that ensures (B) encourage or facilitate major multistate or project; public access to the recreational trail improve- regional mobility and economic growth and de- (2) improvements in vehicle and highway safe- ments funded by those funds. velopment in areas underserved by existing ty and cargo security related to motor vehicles ‘‘(g) APPLICABILITY OF CHAPTER 1.—Funds highway infrastructure. crossing a border with Canada or Mexico; made available to carry out this section shall be (c) PURPOSES.—Allocations may be made (3) strategies to increase the use of existing, available for obligation in the same manner as under this section for 1 or more of the following underutilized border crossing facilities and ap- if such funds were apportioned under chapter 1; purposes: proaches; except that the Federal share payable for a (1) Feasibility studies. (4) leveraging of Federal funds provided under project using such funds shall be determined in (2) Comprehensive corridor planning and de- this section, including use of innovative financ- accordance with this section and such funds sign activities. ing, combination of such funds with funding shall remain available until expended. (3) Location and routing studies. provided under other sections of this Act, and ‘‘(h) DEFINITIONS.—In this section, the follow- (4) Environmental review. combination with other sources of Federal, ing definitions apply: (5) Multistate and intrastate coordination for State, local, or private funding; ‘‘(1) ELIGIBLE STATE.—The term ‘eligible State’ corridors described in subsection (b). (5) degree of multinational involvement in the means a State that meets the requirements of (6) Construction. project and demonstrated coordination with subsection (c). (d) CORRIDOR DEVELOPMENT AND MANAGE- other Federal agencies responsible for the in- ‘‘(2) NONHIGHWAY RECREATIONAL FUEL.—The MENT PLAN.—A State receiving an allocation spection of vehicles, cargo, and persons crossing term ‘nonhighway recreational fuel’ has the under this section shall develop, in consultation international borders and their counterpart meaning such term has under section 9503(c)(6) with the Secretary, a development and manage- agencies in Canada and Mexico; of the Internal Revenue Code of 1986. ment plan for the corridor with respect to which (6) the extent to which the innovative and ‘‘(3) RECREATIONAL TRAIL.—The term ‘rec- the allocation is being made. Such plan shall in- problem-solving techniques of the proposed reational trail’ means a thoroughfare or track clude, at a minimum, the following elements: project would be applicable to other inter- across land or snow, used for recreational pur- (1) A complete and comprehensive analysis of national border crossings; poses such as bicycling, cross-country skiing, corridor costs and benefits. (7) demonstrated local commitment to imple- day hiking, equestrian activities (including car- (2) A coordinated corridor development plan ment and sustain continuing comprehensive bor- riage driving), jogging or similar fitness activi- and schedule, including a timetable for comple- der planning processes and improvement pro- ties, skating or skateboarding, trail biking, over- tion of all planning and development activities, grams; and April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1927 (8) such other factors as the Secretary deter- such States, respectively, as determined by the Secretary of the appropriate Federal land man- mines are appropriate to promote border trans- Secretary from applications for such funds by aging agency to pay for the cost of transpor- portation efficiency and safety. Federal land managing agencies, Indian tribal tation planning, research, engineering, and con- (d) STATE MOTOR VEHICLE SAFETY INSPECTION governments, and States. struction thereof. The Secretary and the Sec- FACILITIES.—Due to the increase in cross-border ‘‘(2) PREFERENCE.—In allocating sums under retary of the appropriate Federal land manag- trade as a result of the Northern American Free paragraph (1), the Secretary shall give pref- ing agency, as appropriate, may enter into con- Trade Agreement, of the amounts made avail- erence to those projects that are significantly struction contracts and such other contracts able to carry out this section for a fiscal year, impacted by Federal land, recreation, or re- with a State or civil subdivision thereof or In- not to exceed $25,000,000 for fiscal year 1998 and source management activities that are proposed dian tribe to carry out this subsection.’’; not to exceed $20,000,000 for each of fiscal years within the boundaries of a State in which at (3) in the first sentence of subsection (e) by 1999 through 2003 shall be available for the con- least 3 percent of the total public lands in the striking ‘‘Secretary of the Interior’’ and insert- struction of State motor vehicle safety inspec- United States are located.’’; and ing ‘‘Secretary of the appropriate Federal land tion facilities for the inspection by State au- (2) by adding at the end the following: managing agency’’; and thorities of commercial motor vehicles crossing ‘‘(e) FOREST HIGHWAYS.— (4) by striking subsection (i) and inserting the the border to ensure the safety of such vehicles. ‘‘(1) ALLOCATION OF FUNDS.—On October 1 of following: (e) ALLOCATIONS.— each fiscal year and after making the transfer ‘‘(i) TRANSFERS TO SECRETARIES OF FEDERAL (1) FUNDS.—At least 40 percent of the funds provided for in section 204(g), the Secretary LAND MANAGING AGENCIES.—The Secretary shall made available for carrying out this section shall allocate the sums authorized to be appro- transfer to the appropriate Federal land manag- shall be allocated for projects in the vicinity of priated for such fiscal year for forest highways ing agency from the appropriation for public the border of the United States and Mexico, and as provided in section 134 of the Federal-Aid lands highways such amounts as may be needed at least 40 percent of such funds shall be allo- Highway Act of 1987. to cover— cated for projects in the vicinity of the border of ‘‘(2) PROJECT SELECTION.—With respect to al- ‘‘(1) necessary administrative costs of such the United States and Canada. locations under this subsection, the Secretary agency in connection with public lands high- (2) PROJECTS.—At least 2 of the projects in the shall give priority to projects that provide access ways; and vicinity of the border of the United States with to and within the National Forest System, as ‘‘(2) the cost to such agency of conducting Mexico for which allocations are made under identified by the Secretary of Agriculture necessary transportation planning serving Fed- this section and at least 2 of the projects in the through renewable resources and land use plan- eral lands if funding for such planning is other- vicinity of the border of the United States and ning and the impact of such planning on exist- wise not provided in this section.’’. Canada for which allocations are made under ing transportation facilities.’’. (e) ACCESS TO JOHN F. KENNEDY CENTER FOR this section shall be located at ports of entry (c) AVAILABILITY OF FUNDS.—Section 203 is THE PERFORMING ARTS.— with high annual volumes of traffic. amended— (1) STUDY.—The Secretary, in cooperation (1) by striking ‘‘Funds authorized for,’’ and (f) APPLICABILITY OF TITLE 23.—Funds au- with the District of Columbia, the John F. Ken- thorized by section 127(a)(3)(A) of this Act shall inserting ‘‘(a) IN GENERAL.—Funds authorized nedy Center for the Performing Arts, and the be available for obligation in the same manner for forest highways,’’; Department of the Interior and in consultation (2) in the fourth sentence by inserting ‘‘forest as if such funds were apportioned under chap- with other interested persons, shall conduct a highways’’ after ‘‘any fiscal year for’’; and ter 1 of title 23, United States Code. study of methods to improve pedestrian and ve- (3) by adding at the end the following: (g) DEFINITIONS.—In this section, the follow- hicular access to the John F. Kennedy Center ‘‘(b) TIME OF OBLIGATION.—Notwithstanding ing definitions apply: for the Performing Arts. any other provision of law, the Secretary’s au- (2) REPORT.—Not later than September 30, (1) BORDER REGION.—The term ‘‘border re- thorization of engineering and related work for gion’’ means the portion of a border State in the 1999, the Secretary shall transmit to the Commit- a Federal lands highways program project or vicinity of an international border with Canada tee on Transportation and Infrastructure of the the Secretary’s approval of plans, specifications, or Mexico. House of Representatives and the Committee on and estimates for construction of a Federal Environment and Public Works of the Senate a (2) BORDER STATE.—The term ‘‘border State’’ lands highways program project shall be deemed means any State that has a boundary in com- report containing the results of the study, to- to constitute a contractual obligation of the mon with Canada or Mexico. gether with an assessment of the impacts (in- Federal Government for the payment of its con- cluding environmental, aesthetic, economic, and SEC. 117. FEDERAL LANDS HIGHWAYS PROGRAM. tribution to such project.’’. historic impacts) associated with the implemen- (a) FEDERAL SHARE PAYABLE.—Section 120 is (d) AWARD OF CONTRACTS; TRANSFERS—Sec- tation of each of the methods examined under amended— tion 204 is amended— the study. (1) in subsection (e)— (1) in subsection (a) to read as follows: (3) AUTHORIZATION OF APPROPRIATIONS.— (A) by striking ‘‘(c)’’ and inserting ‘‘(b)’’; and ‘‘(a) Recognizing the need for all Federal There is authorized to be appropriated out of (B) by striking ‘‘90’’ and inserting ‘‘120’’; and roads that are public roads to be treated under the Highway Trust Fund (other than the Mass (2) by adding at the end the following: uniform policies similar to those that apply to Transit Account) $500,000 for fiscal year 1998 to ‘‘(j) FUNDS APPROPRIATED TO A FEDERAL Federal-aid highways, there is established a co- carry out this subsection. LAND MANAGING AGENCY.—Notwithstanding ordinated Federal Lands Highways Program (4) APPLICABILITY OF TITLE 23, UNITED STATES any other provision of law, the funds appro- which shall consist of forest highways, public CODE.—Funds authorized by this subsection priated to any Federal land managing agency lands highways, park roads and parkways, and shall be available for obligation in the same may be used as the non-Federal share payable Indian reservation roads and bridges. The Sec- manner as if such funds were apportioned under on account of any Federal-aid highway project retary, in cooperation with the Secretary of the chapter 1 of title 23, United States Code, except the Federal share of which is payable with appropriate Federal land managing agency, that the Federal share of the cost of activities funds apportioned under section 104 or 144 or shall develop transportation planning proce- conducted using such funds shall be 100 percent allocated under the Federal scenic byways pro- dures which are consistent with the metropoli- and such funds shall remain available until ex- gram. tan and Statewide planning processes in sec- pended. ‘‘(k) FUNDS APPROPRIATED FOR FEDERAL tions 134 and 135 of this title. The transpor- (f) SMITHSONIAN INSTITUTION TRANSPORTATION LANDS HIGHWAYS PROGRAM.—Notwithstanding tation improvement program developed as a part PROGRAM.— any other provision of law, funds appropriated of the transportation planning process under (1) IN GENERAL.—The Secretary shall allocate for carrying out the Federal lands highways this section shall be approved by the Secretary. amounts made available by this subsection for program under section 204 may be used as the All regionally significant Federal Lands High- obligation at the discretion of the Secretary of non-Federal share payable on account of any way Program projects shall be developed in co- the Smithsonian Institution, in consultation project that is carried out with funds appor- operation with States and metropolitan plan- with the Secretary, to carry out projects and ac- tioned under section 104 or 144 or allocated ning organizations and be included in appro- tivities described in paragraph (2). under the Federal scenic byways program if the priate Federal Lands Highways Program, State, (2) ELIGIBLE USES.—Amounts allocated under project will provide access to, or be carried out and metropolitan plans and transportation im- paragraph (1) may be obligated only— within, Federal or Indian lands.’’. provement programs. The approved Federal (A) for transportation-related exhibitions, ex- (b) ALLOCATIONS.—Section 202 is amended— Lands Highways Program transportation im- hibits, and educational outreach programs; (1) by striking subsection (b) and inserting the provement program shall be included in appro- (B) to enhance the care and protection of the following: priate State and metropolitan planning organi- Nation’s collection of transportation-related ar- ‘‘(b) ALLOCATION OF SUMS AUTHORIZED FOR zation plans and programs without further ac- tifacts; PUBLIC LANDS HIGHWAYS.— tion thereon. The Secretary and the Secretary of (C) to acquire historically significant trans- ‘‘(1) IN GENERAL.—On October 1 of each fiscal the appropriate Federal land managing agency portation-related artifacts; and year and after making the transfer provided for shall develop appropriate safety, bridge, and (D) to support research programs within the in section 204(i), the Secretary shall allocate the pavement management systems for roads funded Smithsonian Institution that document the his- sums authorized to be appropriated for such fis- under the Federal Lands Highways Program.’’; tory and evolution of transportation, in co- cal year for public lands highways for transpor- (2) by striking the first three sentences of sub- operation with other museums in the United tation projects within the boundaries of those section (b) and inserting ‘‘Funds available for States. States having unappropriated or unreserved forest highways, public lands highways, park (3) AUTHORIZATION OF APPROPRIATIONS.— public lands, nontaxable Indian lands, or other roads and parkways, and Indian reservation There are authorized to be appropriated out of Federal reservations, on the basis of need in roads shall be used by the Secretary and the the Highway Trust Fund (other than the Mass H1928 CONGRESSIONAL RECORD — HOUSE April 1, 1998

Transit Account) $5,000,000 for each of fiscal ‘‘(c) ELIGIBLE PROJECTS.—The following are gram. In implementing such program, the Sec- years 1998 through 2003 to carry out this sub- projects that are eligible for Federal assistance retary shall solicit the participation of State and section. under this section: local governments and public authorities for 1 or (4) APPLICABILITY OF TITLE 23.—Funds au- ‘‘(1) Activities related to planning, design, or more variable pricing pilot programs. The Sec- thorized by this subsection shall be available for development of State scenic byway programs. retary may enter into cooperative agreements obligation in the same manner as if such funds ‘‘(2) Development of corridor management with as many as 15 of such governments and were apportioned under chapter 1 of title 23, plans for scenic byways. public authorities to conduct and monitor the United States Code; except that the Federal ‘‘(3) Safety improvements to a scenic byway to pilot programs. share of the cost of any project or activity under the extent such improvements are necessary to (b) FEDERAL SHARE PAYABLE.—The Federal this subsection shall be 100 percent and such accommodate increased traffic and changes in share payable for a pilot program under this funds shall remain available until expended. the types of vehicles using the highway due to section shall be 80 percent of the aggregate cost (g) NEW RIVER PARKWAY.—Of amounts avail- such designation. of the program and the Federal share payable ‘‘(4) Construction along a scenic byway of fa- able under section 102(a)(11)(C) of this Act, the for any portion of a project conducted under the cilities for pedestrians and bicyclists, rest areas, Secretary shall allocate $1,300,000 for fiscal year program may not exceed 100 percent. turnouts, highway shoulder improvements, pass- 1998, $1,200,000 for fiscal year 1999, and (c) IMPLEMENTATION COSTS.—The Secretary ing lanes, overlooks, and interpretive facilities. $9,900,000 for fiscal year 2000 to the Secretary of may fund all pre-implementation costs, includ- the Interior for the planning, design, and con- ‘‘(5) Improvements to a scenic byway that will enhance access to an area for the purpose of ing public education and project design, and all struction of a visitors center, and such other re- recreation, including water-related recreation. of the development and startup costs of a pilot lated facilities as may be necessary, to facilitate ‘‘(6) Protection of historical, archaeological, project under this section, including salaries visitor understanding and enjoyment of the sce- and cultural resources in areas adjacent to sce- and expenses, until such time that sufficient nic, historic, cultural, and recreational re- nic byways. revenues are being generated by the program to sources accessible by the New River Parkway in ‘‘(7) Development and provision of tourist in- fund its operating costs without Federal partici- the State of West Virginia. The center and relat- formation to the public, including interpretive pation; except that the Secretary may not fund ed facilities shall be located at a site for which information about scenic byways. the pre-implementation, development, and start- title is held by the United States in the vicinity ‘‘(8) development and implementation of sce- up costs of a pilot project for more than 3 years. of the intersection of the New River Parkway nic byways marketing programs. (d) USE OF REVENUES.—Revenues generated and I–64. Such funds shall remain available ‘‘(d) FEDERAL SHARE.—The Federal share by any pilot project under this section must be until expended. payable on account of any project carried out applied to projects eligible for assistance under (h) GETTYSBURG, PENNSYLVANIA.— under this section shall be determined in accord- title 23, United States Code. (1) RESTORATION OF TRAIN STATION.—The Sec- ance with section 120(b) of this title. For any (e) COLLECTION OF TOLLS.—Notwithstanding retary shall allocate amounts made available by scenic byways project along a public road that sections 129 and 301 of title 23, United States this subsection for the restoration of the Gettys- provides access to or within Federal or Indian Code, the Secretary shall allow the use of tolls burg, Pennsylvania, train station. lands, a Federal land management agency may on the Interstate System as part of a pilot pro- (2) FUNDING.—There is authorized to be ap- use funds authorized for its use as the non-Fed- gram under this section, but not as part of more propriated out of the Highway Trust Fund eral share of the costs of the project. than 3 of such programs. (other than the Mass Transit Account) $400,000 ‘‘(e) PROTECTION OF SCENIC INTEGRITY.— (f) FINANCIAL EFFECTS ON LOW-INCOME DRIV- for each of fiscal years 1998 and 1999 to carry ‘‘(1) SCENIC INTEGRITY.—The Secretary shall ERS.—Any pilot program conducted under this out this subsection. not make an allocation under this section for section shall include an analysis of the poten- (3) APPLICABILITY OF TITLE 23.—Funds made any project that would not protect the scenic, tial effects of the pilot program on low income available to carry out this subsection shall be historic, recreational, cultural, natural, and ar- available for obligation in the same manner as drivers and may include mitigation measures to chaeological integrity of a highway and adja- deal with any potential adverse financial effects if such funds were apportioned under chapter 1 cent areas. of title 23, United States Code; except that the on low-income drivers. ‘‘(2) SAVINGS CLAUSE.—The Secretary shall not (g) REPORTS TO CONGRESS.—The Secretary Federal share of the cost of restoration of the make any grant, provide technical assistance, or train station under this subsection shall be 80 shall monitor the effect of the pilot programs impose any requirement on a State under this conducted for a period of at least 10 years and percent and such funds shall remain available section that is inconsistent with the authority of until expended. shall report to the Committee on Environment the State provided in this chapter.’’. and Public Works of the Senate and the Com- SEC. 118. NATIONAL SCENIC BYWAYS PROGRAM. (b) CONFORMING AMENDMENT.—The analysis mittee on Transportation and Infrastructure of (a) IN GENERAL.—Chapter 1 is amended by for chapter 1 is amended by adding at the end the House of Representatives biennially on the adding at the end the following: the following new item: effects such programs are having on driver be- ‘‘§ 162. National scenic byways program ‘‘162. National scenic byways program.’’. havior, traffic volume, transit ridership, air (c) CENTER.— ‘‘(a) DESIGNATION OF ROADS.—The Secretary quality, drivers of all income levels, and avail- (1) ESTABLISHMENT.—The Secretary shall allo- shall carry out a national scenic byways pro- ability of funds for transportation programs. cate funds made available to carry out this sub- gram that recognizes roads having outstanding (h) HOV PASSENGER REQUIREMENTS.—Not- section to establish a center for national scenic scenic, historic, cultural, natural, recreational, withstanding section 102 of title 23, United byways in Duluth, Minnesota, to provide tech- and archaeological qualities by designating States Code, a State may permit vehicles with nical communications and network support for them as ‘National Scenic Byways’ or ‘All-Amer- fewer than 2 occupants to operate in high-occu- nationally designated scenic byway routes in ican Roads’. The Secretary shall designate pancy vehicle lanes if such vehicles are part of accordance with paragraph (2). roads to be recognized under the national scenic a pilot program being conducted under this sec- (2) COMMUNICATIONS SYSTEMS.—The center for byways program in accordance with criteria de- national scenic byways shall develop and imple- tion. veloped by the Secretary. To be considered for ment communications systems for the support of (i) PERIOD OF AVAILABILITY.—Funds allocated such designation, a road must be nominated by the national scenic byways program. Such com- by the Secretary under this section shall remain a State or Federal land management agency and munications systems shall provide local officials available for obligation by the State for a period must first be designated as a State scenic byway and planning groups associated with designated of 3 years after the last day of the fiscal year for or, for roads on Federal lands, as a Federal National Scenic Byways or All-American Roads which such funds are authorized. Any amounts land management agency byway. with proactive, technical, and customized assist- allocated under this section that remain unobli- ‘‘(b) ALLOCATIONS AND TECHNICAL ASSIST- ance through the latest technology which allows gated at the end of such period and any ANCE.— scenic byway officials to develop and sustain amounts authorized under subsection (i) that re- ‘‘(1) GENERAL AUTHORITY.—The Secretary their National Scenic Byways or All-American main unallocated by the end of such period shall make allocations and provide technical as- shall be transferred to a State’s apportionment sistance to States to— Roads. (3) AUTHORIZATION OF APPROPRIATIONS.— under section 104(b)(3) of title 23, United States ‘‘(A) implement projects on highways des- Code, and shall be treated in the same manner ignated as National Scenic Byways or All-Amer- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass as other funds apportioned under such section. ican Roads, or as State scenic byways; and (j) APPLICABILITY OF TITLE 23.—Funds made ‘‘(B) plan, design, and develop a State scenic Transit Account) to carry out this subsection $1,500,000 for each of fiscal years 1998 through available to carry out this section shall be avail- byways program. able for obligation in the same manner as if ‘‘(2) PRIORITY PROJECTS.—In making alloca- 2003. such funds were apportioned under chapter 1 of tions under this subsection, the Secretary shall (4) APPLICABILITY OF TITLE 23.—Funds au- title 23, United States Code; except that the Fed- give priority to— thorized by this subsection shall be available for ‘‘(A) eligible projects along highways that are obligation in the same manner as if such funds eral share of the cost of any project under this designated as National Scenic Byways or All- were apportioned under chapter 1 of title 23, section and the availability of such funds shall American Roads; United States Code; except that the Federal be determined in accordance with this section. ‘‘(B) eligible projects on State-designated sce- share of the cost of any project under this sub- (k) REPEAL.—Section 1012(b) of the Intermodal nic byways that are undertaken to make them section shall be 100 percent and such funds shall Surface Transportation Efficiency Act of 1991 eligible for designation as National Scenic By- remain available until expended. (23 U.S.C. 149 note; 105 Stat. 1938) is repealed. ways or All-American Roads; and SEC. 119. VARIABLE PRICING PILOT PROGRAM. SEC. 120. TOLL ROADS, BRIDGES, AND TUNNELS. ‘‘(C) eligible projects that will assist the devel- (a) ESTABLISHMENT.—The Secretary shall es- (a) FEDERAL SHARE PAYABLE.—Section 120 is opment of State scenic byways programs. tablish and implement a variable pricing pro- amended by adding at the end the following: April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1929

‘‘(l) CREDIT FOR NON-FEDERAL SHARE.— (i) a plan for implementing the imposition of (A) to identify existing ferry operations, in- ‘‘(1) ELIGIBILITY.—A State may use as a credit tolls on the facility; cluding— toward the non-Federal matching share require- (ii) a schedule and finance plan for the recon- (i) the locations and routes served; and ment for any funds made available to carry out struction or rehabilitation of the facility using (ii) the source and amount, if any, of funds this title (other than the emergency relief pro- toll revenues; derived from Federal, State, or local government gram authorized in section 125) or chapter 53 of (iii) a description of the public transportation sources supporting ferry operations; and title 49 toll revenues that are generated and agency which will be responsible for implemen- (B) to identify potential domestic ferry routes used by public, quasi-public, and private agen- tation and administration of the pilot toll recon- in the United States and its possessions and to cies to build, improve, or maintain highways, struction and rehabilitation program; and develop information on those routes. bridges, or tunnels that serve the public purpose (iv) a description of whether consideration (2) REPORT.—The Secretary shall submit a re- of interstate commerce. Such public, quasi-pub- will be given to privatizing the maintenance and port on the results of the study required under lic, or private agencies shall have built, im- operational aspects of the converted facility, paragraph (1) to the Committee on Transpor- proved, or maintained such facilities without while retaining legal and administrative control tation and Infrastructure of the House of Rep- Federal funds. of the Interstate route section. resentatives and the Committee on Commerce, (E) Such other information as the Secretary ‘‘(2) MAINTENANCE OF EFFORT.— Science, and Transportation of the Senate. may require. ‘‘(A) IN GENERAL.—The credit for any non- (c) FERRY OPERATING AND LEASING AMEND- (4) SELECTION CRITERIA.—The Secretary may Federal share provided under this subsection approve the application of a State under para- MENTS.—Section 129(c) is amended— shall not reduce nor replace State funds re- graph (3) only if the Secretary determines the (1) in paragraph (3) by striking ‘‘owned.’’ and quired to match Federal funds for any program following: inserting ‘‘owned or operated.’’; and under this title. (A) The State is unable to reconstruct or reha- (2) in paragraph (6) by striking ‘‘sold, leased, ‘‘(B) AGREEMENTS.—In receiving a credit for bilitate the proposed toll facility using existing or’’ and inserting ‘‘sold or’’. non-Federal capital expenditures under this apportionments. SEC. 122. HIGHWAY USE TAX EVASION PROJECTS. subsection, a State shall enter into such agree- (B) The facility has a sufficient intensity of (a) APPLICABILITY OF TITLE 23.—Section ments as the Secretary may require to ensure use, age, or condition to warrant the collection 1040(f) of the Intermodal Surface Transpor- that the State will maintain its non-Federal of tolls. tation Efficiency Act of 1991 (23 U.S.C. 101 note; transportation capital expenditures at or above (C) The State plan for implementing tolls on 105 Stat. 1992) is amended to read as follows: the average level of such expenditures for the the facility takes into account the interests of ‘‘(f) APPLICABILITY OF TITLE 23.—Funds made preceding 3 fiscal years. local, regional, and interstate travelers. available out of the Highway Trust Fund (other ‘‘(3) TREATMENT.— (D) The State plan for reconstruction or reha- than the Mass Transit Account) to carry out ‘‘(A) LIMITATION ON LIABILITY.—Use of a bilitation of the facility using toll revenues is this section shall be available for obligation in credit for a non-Federal share under this sub- reasonable. the same manner and to the same extent as if section that is received from a public, quasi-pub- (E) The State has given preference to the use such funds were apportioned under chapter 1 of lic, or private agency— of an existing public toll agency with dem- title 23, United States Code; except that the Fed- ‘‘(i) shall not expose the agency to additional onstrated capability to build, operate, and eral share of the cost of any project carried out liability, additional regulation, or additional maintain a toll expressway system meeting cri- under this section shall be 100 percent and such administrative oversight; and teria for the Interstate System. funds shall remain available for obligation for a ‘‘(ii) shall not subject the agency to any addi- (5) LIMITATIONS ON USE OF REVENUES; AU- period of 1 year after the last day of the fiscal tional Federal design standards, laws, or regu- DITS.—Before the Secretary may permit a State year for which the funds are authorized.’’. lations as a result of providing the non-Federal to participate in the pilot program, the State (b) AUTOMATED FUEL REPORTING SYSTEM.— match other than those to which the agency is must enter into an agreement with the Secretary Section 1040 of such Act (23 U.S.C. 101 note; 105 already subject. that provides that— Stat. 1992) is amended by redesignating sub- ‘‘(B) CHARTERED MULTISTATE AGENCIES.— (A) all toll revenues received from operation of When a credit that is received from a chartered the toll facility will be used only for debt serv- section (g) as subsection (h) and by inserting multistate agency is applied for a non-Federal ice, for reasonable return on investment of any after subsection (f) the following: ‘‘(g) AUTOMATED FUEL REPORTING SYSTEM.— share under this subsection, such credit shall be private person financing the project, and for Of the amounts made available to carry out this applied equally to all charter States.’’. any costs necessary for the improvement of and section for each of fiscal years 1998 through (b) INTERSTATE SYSTEM RECONSTRUCTION AND the proper operation and maintenance of the 2003, the Secretary shall make available suffi- REHABILITATION PILOT PROGRAM.— toll facility, including reconstruction, resur- cient funds to the Internal Revenue Service to (1) ESTABLISHMENT.—The Secretary shall es- facing, restoration, and rehabilitation of the toll tablish and implement an Interstate System re- facility; and establish and operate an automated fuel report- construction and rehabilitation pilot program (B) regular audits will be conducted to ensure ing system.’’. under which the Secretary, notwithstanding compliance with subparagraph (A) and the re- (c) TECHNICAL AMENDMENT.—Section 1040(a) sections 129 and 301 of title 23, United States sults of such audits will be transmitted to the of such Act (23 U.S.C. 101 note; 105 Stat. 1992) Code, may permit a State to collect tolls on a Secretary. is amended by striking ‘‘by subsection (e)’’. highway, bridge, or tunnel on the Interstate (6) LIMITATION ON USE OF INTERSTATE MAINTE- SEC. 123. PERFORMANCE BONUS PROGRAM. System for the purpose of reconstructing and re- NANCE FUNDS.—During the term of the pilot pro- (a) STUDY.—The Secretary shall develop per- habilitating Interstate highway corridors that gram, funds apportioned for Interstate mainte- formance-based criteria for the distribution of could not otherwise be adequately maintained nance under section 104(b)(5) of title 23, United not to exceed 5 percent of the funds from each States Code, may not be used on a facility for or functionally improved without the collection of the following programs: which tolls are being collected under the pro- of tolls. (1) The Interstate maintenance program under gram. (2) LIMITATION ON NUMBER OF FACILITIES.— section 119 of title 23, United States Code. (7) PROGRAM TERM.—The Secretary shall con- The Secretary may permit the collection of tolls (2) The bridge program under section 144 of duct the pilot program under this section for a under this subsection on 3 facilities on the such title. term to be determined by the Secretary but not Interstate System. Each of such facilities shall (3) The high risk road safety improvement less than 10 years. program under section 154 of such title. be located in a different State. (8) INTERSTATE SYSTEM DEFINED.—In this sub- (4) The surface transportation program under (3) ELIGIBILITY.—In order to be eligible to par- section, the term ‘‘Interstate System’’ has the section 133 of such title. ticipate in the pilot program, a State shall sub- same meaning such term has under section (5) The congestion mitigation and air quality mit to the Secretary an application that con- 101(a) of title 23, United States Code. improvement program under section 149 of such tains, at a minimum, the following: (c) BRIDGE RECONSTRUCTION OR REPLACE- title. (A) An identification of the facility on the MENT.—Section 129(a)(1)(C) is amended by strik- Interstate System proposed to be a toll facility, ing ‘‘toll-free bridge or tunnel’’ and inserting (b) REQUIREMENTS FOR DEVELOPMENT OF CRI- including the age, condition, and intensity of ‘‘toll-free major bridge or toll-free tunnel’’. TERIA.—Performance-based criteria developed by the Secretary under subsection (a) shall assess use of such facility. SEC. 121. CONSTRUCTION OF FERRY BOATS AND (B) In the case of a facility that affects a met- FERRY TERMINAL FACILITIES. on a statewide basis the following: ropolitan area, an assurance that the metropoli- (a) OBLIGATION OF AMOUNTS.—Section 1064(c) (1) For the Interstate maintenance program, tan planning organization established under of the Intermodal Surface Transportation Effi- whether pavement conditions on routes on the section 134 of title 23, United States Code, for ciency Act of 1991 (23 U.S.C. 129 note; 105 Stat. Interstate System in the State have consistently the area has been consulted concerning the 2005) is amended to read as follows: been of a high quality or have recently im- placement and amount of tolls on the facility. ‘‘(c) OBLIGATION OF AMOUNTS.—Amounts proved. (C) An analysis demonstrating that such facil- made available out of the Highway Trust Fund (2) For the bridge program, whether the per- ity could not be maintained or improved to meet (other than the Mass Transit Account) to carry centage of deficient bridges in the State has con- current or future needs from the State’s appor- out this section may be obligated at the discre- sistently been low or has recently decreased. tionments and allocations made available by tion of the Secretary. Such sums shall remain (3) For the high risk road safety improvement this Act (including amendments made by this available until expended.’’. program, whether the level of safety on high- Act) and from revenues for highways from any (b) STUDY.— ways in the State has consistently been high or other source without toll revenues. (1) IN GENERAL.—The Secretary shall conduct has recently improved. (D) A facility management plan that in- a study of ferry transportation in the United (4) For the surface transportation program, cludes— States and its possessions— whether the level of financial effort in State H1930 CONGRESSIONAL RECORD — HOUSE April 1, 1998 funding for highway and transit investments adopted transportation plan if reasonable addi- (3) in paragraph (2) by inserting before the has been high or has recently increased. tional resources beyond those identified in the last sentence the following: ‘‘The program may (5) For the congestion mitigation and air qual- financial plan were available. For the purpose include, for illustrative purposes, additional ity improvement program, whether the environ- of developing the transportation plan, the met- projects that would be included in the program mental performance of the transportation system ropolitan planning organization and State shall if reasonable additional resources were avail- has been consistently high or has improved. cooperatively develop estimates of funds that able.’’; (c) REQUIRED SUBMISSION.—Not later than 18 will be available to support plan implementa- (4) in paragraph (3) by inserting after ‘‘Sys- months after the date of the enactment of this tion.’’; tem’’ each place it appears the following: ‘‘, Act, the Secretary shall transmit to the Commit- (5) in paragraph (4) by inserting after ‘‘em- under the high risk road safety program,’’; tee on Transportation and Infrastructure of the ployees,’’ the following: ‘‘freight shippers and (5) in the heading to paragraph (4) by striking House of Representatives and the Committee on providers of freight transportation services,’’; ‘‘BIENNIAL’’ and inserting ‘‘TRIENNIAL’’; and Environment and Public Works of the Senate and (6) in paragraph (4) by striking ‘‘biennially’’ the performance-based criteria developed under (6) in paragraph (5) by inserting ‘‘transpor- and inserting ‘‘triennially’’. subsection (a). tation’’ before ‘‘plan prepared’’. (e) PARTICIPATION OF LOCAL ELECTED OFFI- SEC. 124. METROPOLITAN PLANNING. (e) TRANSPORTATION IMPROVEMENT PRO- CIALS.— (1) STUDY.—The Secretary shall conduct a (a) GENERAL REQUIREMENTS.—Section 134(a) GRAM.—Section 134(h) is amended— study on the effectiveness of the participation of is amended by inserting after ‘‘and goods’’ the (1) in paragraph (1), by striking ‘‘2 years’’ local elected officials in transportation planning following: ‘‘and foster economic growth and de- and inserting ‘‘3 years’’; and and programming. In conducting the study, the velopment’’. (2) by adding at the end of paragraph (2)(B) Secretary shall consider the degree of coopera- (b) COORDINATION OF MPOS.—Section 134(e) is the following: ‘‘The financial plan may include, amended— for illustrative purposes, additional projects tion between State, local rural officials, and re- (1) in the subsection heading by striking that would be included in the adopted transpor- gional planning and development organizations in different States. ‘‘MPO’S’’ and inserting ‘‘MPOS’’; tation plan if reasonable additional resources (2) REPORT.—Not later than 2 years after the (2) by inserting before ‘‘If’’ the following: ‘‘(1) beyond those identified in the financial plan date of the enactment of this Act, the Secretary NONATTAINMENT AREAS.—’’; were available.’’. shall transmit to Congress a report containing (3) by adding at the end the following: (f) TRANSPORTATION MANAGEMENT AREAS.— the results of the study with any recommenda- ‘‘(2) PROJECT LOCATED IN MULTIPLE MPOS.—If Section 134(i) is amended— a project is located within the boundaries of (1) in paragraph (4) by inserting after ‘‘Sys- tions the Secretary determines appropriate as a more than one metropolitan planning organiza- tem’’ each place it appears the following: ‘‘, result of the study. tion, the metropolitan planning organizations under the high risk road safety program,’’; and SEC. 126. ROADSIDE SAFETY TECHNOLOGIES. shall coordinate plans regarding the project.’’; (2) in paragraph (5)— (a) CRASH CUSHIONS.— and (A) by striking ‘‘(1)’’ and inserting ‘‘(A)’’; and (1) GUIDANCE.—Not later than 1 year after the (4) by indenting paragraph (1), as designated (B) by striking ‘‘(2)’’ and inserting ‘‘(B)’’. date of the enactment of this Act, the Secretary by paragraph (2) of this subsection, and align- SEC. 125. STATEWIDE PLANNING. shall initiate and issue a guidance regarding the benefits and safety performance of redirective ing such paragraph (1) with paragraph (2), as (a) SCOPE OF PLANNING PROCESS.—Section and nonredirective crash cushions in different added by paragraph (3) of this subsection. 135(c) is amended to read as follows: road applications, taking into consideration (c) GOALS AND OBJECTIVES OF PLANNING ‘‘(c) SCOPE OF THE PLANNING PROCESS.—To roadway conditions, operating speed limits, the PROCESS.—Section 134(f) is amended to read as the extent that a State determines appropriate, location of the crash cushion in the right-of- follows: the State may consider goals and objectives in way, and any other relevant factors. The guid- ‘‘(f) GOALS AND OBJECTIVES OF PLANNING the transportation planning process that— ance shall include recommendations on the most PROCESS.—To the extent that the metropolitan ‘‘(1) support the economic vitality of the Na- appropriate circumstances for utilization of re- planning organization determines appropriate, tion, its States and metropolitan areas, espe- directive and nonredirective crash cushions. the metropolitan transportation planning proc- cially by enabling global competitiveness, pro- (2) USE OF GUIDANCE.—States shall use the ess may include consideration of goals and ob- ductivity and efficiency; guidance issued under this subsection in evalu- jectives that— ‘‘(2) increase the safety and security of the ating the safety and cost-effectiveness of utiliz- ‘‘(1) support the economic vitality of the met- transportation system for all users; ing different crash cushion designs and deter- ropolitan area, especially by enabling global ‘‘(3) increase the accessibility and mobility for mining whether directive or nonredirective crash competitiveness, productivity, and efficiency; people and freight; cushions or other safety appurtenances should ‘‘(2) increase the safety and security of the ‘‘(4) protect and enhance the environment, be installed at specific highway locations. transportation system for all users; conserve energy, and enhance the quality of (b) TRAFFIC FLOW AND SAFETY APPLICATIONS ‘‘(3) increase the accessibility and mobility for life; OF ROAD BARRIERS.— people and freight; ‘‘(5) enhance the integration and connectivity ‘‘(4) protect and enhance the environment, (1) STUDY.—The Secretary shall conduct a of the transportation system, across and be- study on the technologies and methods to en- conserve energy, and enhance quality of life; tween modes throughout the State for people ‘‘(5) enhance the integration and connectivity hance safety, streamline construction, and im- and freight; prove capacity by providing positive separation of the transportation system, across and be- ‘‘(6) promote efficient system utilization and tween modes, for people and freight; at all times between traffic, equipment, and operation; and workers on highway construction projects. The ‘‘(6) promote efficient system utilization and ‘‘(7) preserve and optimize the existing trans- operation; and study shall also address how such technologies portation system.’’. can be used to improve capacity and safety at ‘‘(7) preserve and optimize the existing trans- (b) ADDITIONAL CONSIDERATIONS.—Section portation system. those specific highway, bridge, and other appro- 135(d) is amended— priate locations where reversible lane, This subsection shall apply to the development (1) in the subsection heading by striking ‘‘RE- contraflow, and high occupancy vehicle lane of long-range transportation plans and trans- QUIREMENTS’’ and inserting ‘‘CONSIDERATIONS’’; operations are implemented during peak traffic portation improvement programs.’’. and periods. (d) LONG-RANGE PLAN.—Section 134(g) is (2) by striking ‘‘shall, at a minimum,’’ and in- (2) FACTORS TO CONSIDER.—In conducting the amended— serting ‘‘may’’. study, the Secretary shall consider, at a mini- (1) in paragraph (1) by inserting ‘‘transpor- (c) LONG-RANGE PLAN.—Section 135(e) is mum, uses of positive separation technologies re- tation’’ after ‘‘long-range’’; amended by inserting after ‘‘representatives,’’ lated to— (2) in paragraph (2) by striking ‘‘, at a mini- the following: ‘‘freight shippers and providers of (A) separating workers from traffic flow when mum’’ and inserting ‘‘contain, at a minimum, freight transportation services,’’. work is in progress; the following’’; (d) TRANSPORTATION IMPROVEMENT PRO- (B) providing additional safe work space by (3) in paragraph (2)(A)— GRAM.—Section 135(f) is amended— utilizing adjacent and available traffic lanes (A) by striking ‘‘Identify’’ and inserting ‘‘An (1) by inserting after the second sentence of during off-peak hours; identification of ’’; and paragraph (1) the following: ‘‘With respect to (C) rapid deployment to allow for daily or (B) by striking ‘‘shall consider’’ and inserting nonmetropolitan areas of the State (areas with periodic restoring lanes for use by traffic during ‘‘may consider’’; less than 50,000 population), the program shall peak hours as needed; (4) by striking paragraph (2)(B) and inserting be developed by the State, in cooperation with (D) mitigating congestion caused by construc- the following: elected officials of affected local governments tion by— ‘‘(B) A financial plan that demonstrates how and elected officials of subdivisions of affected (i) opening all adjacent and available lanes to the adopted transportation plan can be imple- local governments which have jurisdiction over traffic during peak traffic hours; or mented, indicates resources from public and pri- transportation planning, through a process de- (ii) use of reversible lanes to optimize capacity vate sources that are reasonably expected to be veloped by the State which ensures participa- of the highway by adjusting to directional traf- made available to carry out the plan and rec- tion by such elected officials.’’; fic flow; and ommends any additional financing strategies for (2) in paragraph (1) by inserting after ‘‘rep- (E) permanent use of positive separation tech- needed projects and programs. The financial resentatives,’’ the following: ‘‘freight shippers nologies to create contraflow or reversible lanes plan may include, for illustrative purposes, ad- and providers of freight transportation serv- to increase the capacity of congested highways, ditional projects that would be included in the ices,’’; bridges, and tunnels. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1931

(3) REPORT.—Not later than 1 year after the 119 of this Act $10,000,000 for fiscal year 1998 projects described in section 127(c) shall be date of the enactment of this Act, the Secreary and $14,000,000 for each of fiscal years 1999 available to the Secretary, subject to paragraph shall submit a report to Congress on the results through 2003. (3), to carry out such other high priority of the study. The report shall include findings (F) HIGHWAY RESEARCH.—For highway re- projects as the Secretary determines appro- and recommendations for the use of the identi- search under sections 307, 308, and 325 of title priate. fied technologies to provide positive separation 23, United States Code, $150,000,000 for fiscal ‘‘(3) ALLOCATION PERCENTAGES.—For each on appropriate projects and locations. The Sec- year 1998, $185,000,000 for fiscal year 1999, and project to be carried out with funds made avail- retary shall provide the report to the States for $195,000,000 for each of fiscal years 2000 through able by paragraph (1)— their use on appropriate projects on the Na- 2003. ‘‘(A) 11 percent of the amount allocated by tional Highway System and other Federal-aid (G) TRANSPORTATION EDUCATION, PROFES- such section shall be available for obligation be- highways. SIONAL TRAINING, AND TECHNOLOGY DEPLOY- ginning in fiscal year 1998; SEC. 127. DISCRETIONARY PROGRAM AUTHORIZA- MENT.—For transportation education, profes- ‘‘(B) 15 percent of such amount shall be avail- TIONS. sional training, and technology deployment able for obligation beginning in fiscal year 1999; (a) EXECUTIVE BRANCH DISCRETIONARY PRO- under sections 321, 322, and 326 of title 23, ‘‘(C) 18 percent of such amount shall be avail- GRAMS.— United States Code, and section 5505 of title 49, able for obligation beginning in fiscal year 2000; (1) BRIDGE DISCRETIONARY PROGRAM.—The United States Code, $50,000,000 for each of fiscal ‘‘(D) 18 percent of such amount shall be avail- amount set aside by the Secretary under section years 1998 and 1999 and $55,000,000 for each of able for obligation beginning in fiscal year 2001; 144(g)(2) of title 23, United States Code, shall be fiscal years 2000 through 2003. ‘‘(E) 19 percent of such amount shall be avail- $100,000,000 for each of fiscal years 1998 through (H) TRANSPORTATION TECHNOLOGY INNOVATION able for obligation beginning in fiscal year 2002; 2003. AND DEMONSTRATION PROGRAM.—For Transpor- and (2) HIGH COST INTERSTATE SYSTEM RECON- tation technology innovation and demonstration ‘‘(F) 19 percent of such amount shall be avail- STRUCTION AND IMPROVEMENT PROGRAM.—The program under section 632 of this Act $43,667,000 able for obligation beginning in fiscal year 2003. for fiscal year 1998, $44,667,000 for fiscal year amount the Secretary shall allocate for the high ‘‘(4) FEDERAL SHARE.—The Federal share pay- cost Interstate System reconstruction and im- 1999, $48,167,000 for fiscal year 2000, $47,717,000 able on account of any project carried out with provement program under section 160(c)(2) of for fiscal year 2001, $47,967,000 for fiscal year funds made available by paragraph (1) shall be title 23, United States Code, shall not be more 2002, and $48,217,000 for fiscal year 2003. 80 percent of the total cost thereof. (I) INTELLIGENCE TRANSPORTATION SYSTEMS than $100,000,000 for fiscal year 1998, ‘‘(5) DELEGATION TO STATES.—Subject to the PROGRAMS.—For intelligence transportation sys- $100,000,000 for fiscal year 1999, $250,000,000 for provisions of title 23, United States Code, the tems programs under subtitle B of title VI of this fiscal year 2000, $252,000,000 for fiscal year 2001, Secretary shall delegate responsibility for carry- Act $175,000,000 for each of fiscal years 1998 $252,000,000 for fiscal year 2002, and $397,000,000 ing out a project or projects, with funds made through 2003. for fiscal year 2003. available by paragraph (1), to the State in (4) TRANSPORTATION ASSISTANCE FOR OLYMPIC (3) ADDITIONAL EXECUTIVE BRANCH DISCRE- which such project or projects are located upon CITIES.—There is authorized to be appropriated TIONARY PROGRAMS.—Of amounts made avail- request of such State. able by section 102(a)(8) of this Act, the follow- to carry out section 130 of this Act, relating to ‘‘(6) ADVANCE CONSTRUCTION.—When a State transportation assistance for Olympic cities, ing sums shall be available: which has been delegated responsibility for a (A) COORDINATED BORDER INFRASTRUCTURE such sums as may be necessary for fiscal years project under this subsection— AND SAFETY PROGRAM.—For the coordinated 1998 through 2003. ‘‘(A) has obligated all funds allocated under border infrastructure and safety program under (b) LEGISLATIVE BRANCH DISCRETIONARY PRO- this subsection of such Act for such project; and section 116 of this Act $70,000,000 for fiscal year GRAMS.—Section 104 is amended by redesignat- ‘‘(B) proceeds to construct such project with- 1998, $100,000,000 for fiscal year 1999, and ing subsection (j) as subsection (k) and by in- out the aid of Federal funds in accordance with $100,000,000 for each of fiscal years 2000 through serting after subsection (i) the following: all procedures and all requirements applicable 2003. ‘‘(j) HIGH PRIORITY PROJECTS PROGRAM.— to such project, except insofar as such proce- (B) NATIONAL CORRIDOR PLANNING AND DEVEL- ‘‘(1) IN GENERAL.—Of amounts made available dures and requirements limit the State to the OPMENT PROGRAM.—For the national corridor by section 102(a)(8) of the Building Efficient planning and development program under sec- Surface Transportation and Equity Act of 1998, construction of projects with the aid of Federal tion 115 of this Act $50,000,000 for fiscal year $1,025,695,000 for fiscal year 1998, $1,398,675,000 funds previously allocated to it; 1998, $200,000,000 for fiscal year 1999, and for fiscal year 1999, $1,678,410,000 for fiscal year the Secretary, upon the approval of the applica- $250,000,000 for each of fiscal years 2000 through 2000, $1,678,410,000 for fiscal year 2001, tion of a State, shall pay to the State the Fed- 2003. $1,771,655,000 for fiscal year 2002, and eral share of the cost of construction of the (C) CONSTRUCTION OF FERRY BOATS AND FERRY $1,771,655,000 for fiscal year 2003 shall be avail- project when additional funds are allocated for TERMINAL FACILITIES.—For construction of ferry able for high priority projects in accordance such project under this subsection and such sec- boats and ferry terminal facilities under section with this subsection. Such funds shall remain tion 127(c). 1064 of the Intermodal Surface Transportation available until expended. ‘‘(7) NONAPPLICABILITY OF OBLIGATION LIMI- Efficiency Act of 1991 (23 U.S.C. 129 note; 105 ‘‘(2) AUTHORIZATION OF HIGH PRIORITY TATION.—Funds made available by paragraph Stat. 2005) $18,000,000 for each of fiscal years PROJECTS.—The Secretary is authorized to carry (1) shall not be subject to any obligation limita- 1998 through 2003. out high priority projects with funds made tion.’’. (D) NATIONAL SCENIC BYWAYS PROGRAM.—For available by paragraph (1). Of amounts made (c) HIGH PRIORITY PROJECTS.—Subject to sec- the national scenic byway program under sec- available by paragraph (1), the Secretary, sub- tion 104(j)(3) of title 23, United States Code, the tion 162 of title 23, United States Code, ject to paragraph (3), shall make available to amount listed for each high priority project in $30,000,000 for each of fiscal years 1998 through carry out each project described in section 127(c) the following table shall be available (from 2003. of such Act the amount listed for such project in amounts made available by section 104(j) of such (E) VARIABLE PRICING PILOT PROGRAM.—For such section. Any amounts made available by title) for fiscal years 1998 through 2003 to carry the variable pricing pilot program under section this subsection that are not allocated for out each such project:

[Dollars in Millions]

1. Dist. of Col...... Implement traffic signalization, freeway management and motor vehicle information sys- tems, Washington, D.C...... 8.000 2. West Virginia ...... Upgrade US 340 between West Virginia/Virginia State line and the Charles Town Bypass .. 6.500 3. New York ...... Construct bridge deck over the Metro North right-of-way along Park Ave. between E. 188th and 189th Streets ...... 0.750 4. Oregon ...... Upgrade access road and related facilities to Port Orford, Port Orford ...... 1.500 5. Minnesota ...... Upgrade Perpich Memorial from 2 miles south of Biwabik to CSAH 111 ...... 2.800 6. Indiana ...... Upgrade Route 31 and other roads, St. Joseph and Elkhart Counties ...... 7.000 7. Illinois ...... Upgrade Western Ave., Park Forest ...... 0.126 8. Washington ...... Undertake FAST Corridor improvements with the amounts provided as follows: $16,000,000 to construct the North Duwamish Intermodal Project, $4,500,000 for the Port of Tacoma Road project, $3,000,000 for the SW Third St./BSNF project in Auburn, $2,000,000 ...... 32.000 9. Dist. of Col...... Implement Geographical Information System, Washington, D.C...... 10.000 10. New York ...... Reconstruct Niagara St., Quay St., and 8th St. including realignment of Qual St. and 8th Ave. in Niagara Falls ...... 3.500 11. California ...... Construct the San Fernando Valley Regional Transportation Hub in Los ...... 0.500 12. Washington ...... Construct Cross Base Corridor, Fort Lewis-McChord AFB ...... 0.500 13. Illinois ...... Rehabilitate 95th Street between 54th Place and 50th Avenue, Oak Lawn ...... 0.600 14. Virginia ...... Reconstruct SR 168 (Battlefield Blvd.) in Chesapeake ...... 8.000 15. New York ...... Construct interchange and connector road using ITS testbed capabilities at I–90 Exit 8 ..... 13.000 H1932 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

16. Minnesota ...... Trunk Highway 53 DWP railroad bridge replacement, St. Louis Co...... 4.800 17. Illinois ...... Resurface Cicero Ave. between 127th St. and 143rd St., Chicago ...... 0.610 18. Illinois ...... Undertake improvements to 127th Street, Cicero Avenue and Route 83 to improve safety and facilitate traffic flow, Crestwood ...... 1.000 19. Illinois ...... Construct I–57 interchange, Coles Co...... 15.000 20. Connecticut ...... Construct Harford Riverwalk South, Hartford ...... 3.520 21. Virgin Islands ...... Upgrade West-East corridor through Charlotte Amalie ...... 8.000 22. Connecticut ...... Improve pedestrian and bicycle connections between Union Station and downtown New London ...... 4.520 23. North Carolina ...... Upgrade US 13 (including Ahoskie bypass) in Bertie and Hertford Counties ...... 1.000 24. Wisconsin ...... Construct Chippewa Falls Bypass ...... 6.000 25. Mississippi ...... Upgrade Brister Rd. between Tutwiler and Coahoma County line, Tallahatchie Co...... 0.510 26. Florida ...... Construct improvements to JFK Boulevard, Eatonville ...... 1.000 27. Illinois ...... Reconstruct Greenbriar Rd. with construction of new turn lanes in vicinity of John A. Logan College in Carterville ...... 1.400 28. Connecticut ...... Construct overlook and access to Niantic Bay ...... 3.080 29. California ...... Construct sound walls along SR23 in Thousand Oaks ...... 2.532 30. Mississippi ...... Construct I–20 /Norrell Road interchange, Hinds County ...... 5.000 31. North Carolina ...... Upgrade I–85, Mecklenburg and Cabarrus Counties ...... 26.000 32. New Jersey ...... Construct, reconstruct and integrate multi-transportation modes to establish intermodal transportation corridor and center between Elizabeth and Newark ...... 4.000 33. Texas ...... Road improvements along historic mission trails in San Antonio...... 2.500 34. Mississippi ...... Construct Lincoln Road extension, Lamar Co...... 1.500 35. Texas ...... Upgrade JFK Causeway, Corpus Christi ...... 3.000 36. Florida ...... Enhance access to Gateway Marketplace through improvements to access roads, Jackson- ville ...... 1.200 37. California ...... Implement traffic management improvements, Grover Beach ...... 0.500 38. California ...... Construct Chatsworth Depot Bicycle and Pedestrian Access project, Los ...... 0.492 39. California ...... Reconstruct Palos Verdes Drive, Palos Verdes Estates ...... 0.450 40. Wisconsin ...... Construct freeway conversion project on Highway 41 between Kaukauna and Brown County Highway F ...... 20.000 41. California ...... Upgrade Price Canyon Road including construction of bikeway between San Luis Obispo and Pismo Beach ...... 1.100 42. Arkansas ...... Upgrade US Rt. 67, Newport to Missouri State line ...... 2.000 43. Missouri ...... Construct extension of bike path between Soulard market area and Riverfront bike trail in St. Louis ...... 1.200 44. Massachusetts ...... Construct Greenfield-Montague Bikeways, Franklin Co...... 0.900 45. Vermont ...... Replace Missisquoi Bay Bridge ...... 16.000 46. California ...... Upgrade Route 4 East in Contra Costa Co...... 10.000 47. Minnesota ...... Construct Phalen Blvd. between I–35E and I94 ...... 13.000 48. Ohio ...... Upgrade North Road between US 422 and East Market St., Trumbull Co...... 1.200 49. Michigan ...... Construct bike path between Mount Clemens and New Baltimore ...... 5.000 50. Maryland ...... Upgrade US 29 interchange with Randolph Road, Montgomery Co...... 12.000 51. Texas ...... Construct Texas State Highway 49 between FM 1735 to Titus/Morris Co. line ...... 6.400 52. Wisconsin ...... Upgrade Marshfield Blvd., Marshfield ...... 5.000 53. California ...... Reconstruct the I–710/Firestone Blvd. interchange ...... 16.000 54. Massachusetts ...... Construct I–495/Route 2 interchange east of existing interchange to provide access to com- muter rail station, Littleton ...... 4.200 55.. Maryland ...... Undertake transportation infrastructure improvements within Baltimore Empowerment Zone ...... 13.300 56. West Virginia ...... Preliminary engineering, design and construction of the Orgas to Chelayn Road, Boone Co...... 2.000 57. Minnesota ...... Upgrade CSAH 1 from CSAH 61 to 0.8 miles north ...... 0.480 58. South Carolina ...... Widen North Main Street, Columbia ...... 9.750 59. Texas ...... Construct circumferential freeway loop around Texarkana ...... 9.900 60. Texas ...... Upgrade FM517 between Owens and FM 3346, Galveston ...... 3.856 61. Michigan ...... Reconstruct Co.Rd. 612 and Co.Rd. 491, Montmorency Co...... 0.910 62. Ohio ...... Construct Chesapeake Bypass, Lawrence Co...... 5.000 63. California ...... Construct I–10/Pepper Ave. Interchange ...... 8.800 64. Pennsylvania ...... Construct safety and capacity improvements to Rt. 309 and Old Packhouse Road including widening of Old Packhouse Road between KidsPeace National Hospital to Rt. 309 ...... 8.200 65. Iowa ...... Relocate US 61 to bypass Fort Madison ...... 3.000 66. Rhode Island ...... Install directional signs in Newport and surrounding communities ...... 0.300 67. Pennsylvania ...... Construct access to Tioga Marine Terminal, Ports of Philadelphia and Camden ...... 1.600 68. New York ...... Construct bikeway and pedestrian trail improvements, Rochester ...... 2.400 69. Ohio ...... Upgrade U.S. Route 422 through Girard ...... 4.720 70. Tennessee ...... State Highway 109 upgrade planning and engineering ...... 1.840 71. Virginia ...... Construct transportation demonstration project utilizing magnetic levitation technology along route of ‘Smart Road’ between Blacksburg and Roanoke ...... 2.000 72. Massachusetts ...... Construct Nowottuck-Manhan Bike Trail connections, Easthampton, Amherst, Holyoke, Williamsburg and Northampton ...... 4.000 73. New Jersey ...... Reconstruct Essex Street Bridge, Bergen Co...... 2.500 74. Illinois ...... Undertake traffic mitigation and circulation enhancements, 57th and Lake Shore Drive .... 1.520 75. Alabama ...... Upgrade County Road 39 between Highway 84 and Silver Creek Park, Clarke Co...... 1.000 76. Virginia ...... Construct road improvements, trailhead and related facilities for Birch Knob Trail on Cumberland Mountain ...... 0.125 77. Washington ...... Construct SR 167 Corridor, Tacoma ...... 1.500 78. Pennsylvania ...... Construct Johnstown-Cambria County Airport Relocation Road ...... 1.600 79. Mississippi ...... Construct connector between US–90 and I–10 in Biloxi ...... 8.500 80. Alabama ...... Upgrade SR 5 in Bibb Co...... 1.700 81. Maryland ...... Upgrade roads within Leakin Park Intermodal Corridor, Baltimore ...... 3.200 82. Illinois ...... Construct US Route 67 bypass project around Roseville ...... 11.700 83. Pennsylvania ...... Construct California University of Pennsylvania intermodal facility ...... 1.000 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1933 [Dollars in Millions]

84. Virginia ...... Planning and design for Coalfields Expressway, Buchanan, Dickenson and Wise Counties 1.200 85. Oregon ...... Design and engineering for Tualatin-Sherwood Bypass ...... 0.500 86. California ...... Upgrade Route 4 West in Contra Costa Co...... 10.000 87. Connecticut ...... Construct I–95 interchange, New Haven ...... 26.000 88. Illinois ...... Replace Lebanon Ave. Bridge and approaches, Belleville ...... 1.000 89. Minnesota ...... Upgrade Highway 73 from 4.5 miles north of Floodwood to 22.5 miles north of Floodwood .. 3.700 90. Illinois ...... Reconstruct Mt. Erie Blacktop in Mt. Erie ...... 5.290 91. Michigan ...... Construct grade separation on Sheldon Road, Plymouth ...... 7.000 92. Connecticut ...... Construct the US Rt. 7 bypass project, Brookfield to New Milford town line ...... 5.000 93. Mississippi ...... Upgrade Cowan-Lorraine Rd. between I–10 and U.S. 90, Harrison Co...... 10.000 94. Alabama ...... Construct repairs to Pratt Highway Bridge, Birmingham ...... 0.600 95. Alabama ...... Initiate work on controlled access highway between I–65 and Mississippi State line ...... 8.000 96. Michigan ...... Upgrade Walton Blvd. between Opdyke and Squirrel, Oakland Co...... 2.000 97. Michigan ...... Construct Monroe Rail Consolidation Project, Monroe ...... 6.000 98. Massachusetts ...... Renovate Union Station Intermodal Transportation Center in Worcester ...... 7.000 99. Oregon ...... Construct bike path paralleling 42nd Street to link with existing bike path, Springfield ..... 0.750 100. California ...... Improve streets and related bicycle lane in Oak Park, Ventura Co...... 0.907 101. California ...... Construct Arbor Vitae Street improvements, Inglewood ...... 3.500 102. Mississippi ...... Refurbish Satartia Bridge, Yazoo City ...... 0.500 103. Missouri ...... Upgrade Route 169 between Smithville and north of I–435, Clay Co...... 14.000 104. Illinois ...... Upgrade U.S. 45 between Eldorado and Harrisburg ...... 5.000 105. Michigan ...... Replace Chevrolet Ave. bridge in Genesee Co...... 1.800 106. Connecticut ...... Reconstruct I–84, Hartford ...... 9.470 107. Massachusetts ...... Improve safety and traffic operations on Main and Green Streets, Mellrose ...... 2.600 108. Michigan ...... Design and ROW acquisition for ‘‘Intertown South’’ route of US 31 bypass, ...... 1.500 109. Illinois ...... Undertake improvements to Campus Transportation System ...... 1.000 110. California ...... Improve streets in Canoga Park and Reseda areas, Los Angeles ...... 1.100 111. Texas ...... Construct US Rt. 67 Corridor through San Angelo ...... 7.000 112. Illinois ...... Upgrade Bishop Ford Expressway/142nd St. interchange ...... 1.500 113. Texas ...... Construct Galveston Island Causeway Expansion project, Galveston ...... 0.730 114. California ...... Reconstruct Harbor Blvd./SR22 Interchange, City of Garden Grove ...... 2.000 115. Michigan ...... Undertake capital improvements to facilitate traffic between Lansing and ...... 10.000 116. Virginia ...... Construct Main Street Station in Richmond ...... 8.000 117. New York ...... Reconstruct Houston Street between Avenue B to the West Side Highway, New York City 2.000 118. North Carolina ...... Upgrade US 158 (including bypasses of Norlina, Macon and Littleton) in Halifax and War- ren Counties ...... 3.000 119. New York ...... Construct access road and entranceway improvments to airport in Niagara Falls ...... 3.000 120. New Jersey ...... Upgrade Baldwin Ave. intersection to facilitate access to waterfront and ferry, Weehawken ...... 4.000 121. Massachusetts ...... Undertake vehicular and pedestrian movement improvments within Central Business Dis- trict of Foxborough ...... 2.080 122. California ...... Construct I–680HOV lanes between Marina Vista toll plaza to North Main Street, Mar- tinez to Walnut Creek ...... 7.000 123. Michigan ...... Improvements to Card Road between 21 mile road and 23 mile road in Macomb Co...... 1.300 124. Michigan ...... Upgrade (all weather) on US 2, US 41, and M 35 ...... 1.700 125. Oregon ...... Relocate and rebuild intersection of Highway 101 and Highway 105, Clatsop Co...... 1.600 126. New York ...... Undertake Linden Place reconstruction project, Queens ...... 7.000 127. Texas ...... Construct Houston Street Viaduck project in Dallas ...... 5.500 128. Iowa ...... Improve US 65/IA 5 interchange, Polk Co...... 5.000 129. Texas ...... Construct segment located south of U.S. 209 in Travis County of a bypass to I–35 known as SH–130 only on a route running east of Decker Lake ...... 16.000 130. Illinois ...... Rehabilitate Timber Bridge over Little Muddy River and approach roadway, Perry Co...... 0.140 131. Connecticut ...... Reconstruct cross road over I–95, Waterford ...... 2.000 132. Minnesota ...... Construct pedestrian overpass on Highway 169, Mille Lacs Reservation ...... 0.600 133. Hawaii ...... Upgrade Kaumualili Highway ...... 10.000 134. Massachusetts ...... Undertake improvements to South Station Intermodal Station ...... 3.000 135. Illinois ...... Construct Marina Access Road, East Chicago ...... 1.000 136. Massachusetts ...... Reconstruct North Street, Fitchburg ...... 1.000 137. Virginia ...... Replace Shore Drive Bridge over Petty Lake, Norfolk ...... 4.000 138. New Jersey ...... Upgrade Urban University Heights Connector, Newark ...... 9.700 139. California ...... Implement City of Compton traffic signal systems improvements ...... 5.800 140. California ...... Undertake San Pedro Bridge project at SR 1, Pacifica ...... 1.500 141. Texas ...... Construct grade separations in Manchester ...... 16.000 142. Minnesota ...... Upgrade TH6 between Talmoon to Bowstring River ...... 1.200 143. North Carolina ...... Construct US Route 17, Elizabeth City Bypass ...... 0.500 144. Pennsylvania ...... Undertake transportation enhancement activities within the Lehigh Landing Area of the Delaware and Lehigh Canal National Heritage Corridor ...... 7.000 145. Texas ...... Upgrade State Highway 24 from Commerce to State Highway 19 north of Cooper ...... 5.000 146. California ...... Reconstruct I–215 and construct HOV lanes between 2nd Street and 9th Street, San Bernardino ...... 2.750 147. California ...... Undertake safety enhancements along Monterey County Railroad highway grade, Monte- rey Co...... 2.800 148. Michigan ...... Upgrade I–94 between M–39 and I–69 ...... 8.000 149. Michigan ...... Widen and make improvements to Baldwin and Joslyn Roads, Oakland Co...... 5.000 150. Arkansas ...... Construct Geyer Springs RR grade separation, Little Rock ...... 1.000 151. New Jersey ...... Construct Route 4/17 interchange in Paramus ...... 8.500 152. West Virginia ...... Upgrade US Rt. 35 between I–64 and South Buffalo Bridge ...... 35.000 153. Alabama ...... Construct enhancements along 12th Street between State Highway 11 and Baptist Prince- ton Hospital, Birmingham ...... 0.800 154. Pennsylvania ...... Construct Independence Gateway Transportation Center project, Philadelphia ...... 6.000 155. Minnesota ...... Implement Trunk Highway 8 Corridor projects, Chisago Co...... 15.300 156. Missouri ...... Construct extension of bike path between Soulard market area and Riverfront bike trail in St. Louis ...... 0.800 157. Mississippi ...... Upgrade Goose Pond Subdivision Roads, Tallahatchie Co...... 0.200 H1934 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

158. Iowa ...... Construct controlled access four-lane highway between Des Moines and Burlington ...... 14.925 159. Maryland ...... Construct improvements to Route 50 interchange with Columbia Pike, Prince Georges Co. 3.200 160. Tennessee ...... Construct Landport regional transportation hub, Nashville ...... 8.000 161. California ...... Construct San Francisco Regional Intermodal Terminal ...... 12.500 162. Texas ...... Relocate railroad tracks to eliminate road crossings, and provide for the rehabilitation of secondary roads providing access to various parts of the Port and the construction of new connecting roads to access new infrastructure safely and efficiently, Bro ...... 6.000 163. Massachusetts ...... Replace Brightman Street bridge in Fall River ...... 13.640 164. California ...... Construct Alameda Corridor East project ...... 12.750 165. Georgia ...... Upgrade US Rt. 27 ...... 10.000 166. Michigan ...... Upgrade Davison Rd. between Belsay and Irish Roads, Genessee Co...... 4.500 167. Pennsylvania ...... Upgrade PA 228 (Crows Run Corridor) ...... 7.200 168. Maine ...... Replace Singing Bridge across Taunton Bay ...... 1.000 169. California ...... Roadway improvements to provide access to Hansen Dam Recreation Area in Los Angeles 1.000 170. Pennsylvania ...... Construct Rt. 819/Rt. 119 interchange between Mt. Pleasant and Scottdale ...... 14.400 171. Massachusetts ...... Reconstruct Huntington Ave. in Boston ...... 4.000 172. Ohio ...... Replace McCuffey Road Bridge, Mahoning Co...... 3.360 173. Michigan ...... Upgrade Rochester Road between I–75 and Torpsey St...... 12.300 174. California ...... Rehabilitate Artesia Blvd...... 4.000 175. Illinois ...... Construct improvements to McKinley Bridge over Mississippi River with terminus points in Venice, Illinois, and St. Louis, Missouri ...... 5.200 176. Maine ...... Construct I–295 connector, Portland ...... 4.500 177. Maine ...... Studies and planning for reconstruction of East-West Highway ...... 4.000 178. Illinois ...... Reconstruct Claire Blvd., Robbins ...... 0.330 179. Pennsylvania ...... Upgrade PA Route 21, Fayette and Greene Counties ...... 7.000 180. California ...... Construct VC Campus Parkway Loop System in Merced ...... 8.000 181. Massachusetts ...... Replace deck of Chain Bridge over Merrimack River ...... 1.012 182. New York ...... Construct Edgewater Road Dedicated Truck Route ...... 12.000 183. Illinois ...... Construct Raney Street Overpass in Effingham ...... 4.400 184. Pennsylvania ...... Replace Masontown bridge, Fayette and Greene Counties ...... 7.000 185. Pennsylvania ...... Upgrade US Rt. 22, Chickory Mountain section ...... 10.200 186. Michigan ...... Upgrade Lalie St., Frenchtown Rd., and Penshee Rd., Ironwood ...... 0.360 187. South Carolina ...... Upgrade US Highway 301 within Bamberg ...... 2.950 188. Arizona ...... Construct Veterans’ Memorial overpass in Pima Co...... 15.000 189. Michigan ...... Replace Chalk Hills Bridge over Menominee River ...... 0.400 190. Michigan ...... Construct intermodal freight terminal in Wayne Co...... 24.000 191. Oregon ...... Replace grade crossing with separated crossing and related improvements, Linn Co...... 6.710 192. California ...... Reconstruct State Route 81 (Sierra Ave.) and I–10 Interchange in Fontana ...... 10.000 193. California ...... Construct four-lane highway facility (Hollister Bypass), San Benito Co...... 3.000 194. Maine ...... Construct new bridge over Kennebee River (Carlton Bridge replacement) ...... 8.000 195. Oregon ...... Upgrade I–5/Highway 217 interchange, Portland ...... 7.000 196. American Samoa ...... Upgrade village roads on Tutilla Island, American Samoa ...... 11.000 197. New Jersey ...... Eliminate Berlin Circle and signalize intersection in Camden ...... 8.000 198. New York ...... Implement Melrose Commons geographic information system ...... 1.000 199. Pennsylvania ...... Reconstruct Lover Interchange on I–70, Washington Co...... 5.000 200. Virginia ...... Aquire land and construct segment of Daniel Boone Heritage Trail (Kane Gap section), Jefferson National Forest ...... 0.200 201. California ...... Construct Sacramento Intermodal Station ...... 4.000 202. New York ...... Construct intermodal facility in New Rochelle, Westchester Co...... 7.250 203. New York ...... Reconstruct 79th Street Traffic Circle, New York City ...... 9.000 204. Pennsylvania ...... Extend North Delaware Ave. between Lewis St. and Orthodox St., Philadelphia ...... 5.200 205. Missouri ...... Upgrade Route MO291 Connector ...... 2.000 206. Pennsylvania ...... Upgrade US Rt. 119 between Homer City and Blairsville ...... 6.400 207. West Virginia ...... Relocate segment of Route 33 (Scott Miller Bypass), Roane Co...... 8.000 208. Missouri ...... Construct on intermodal center at Missouri Botanical Garden ...... 1.600 209. Maine ...... Rehabilitate Piscataqua River bridges, Kittery ...... 5.250 210. Wisconsin ...... Upgrade STH 29 between IH 94 and Chippewa Falls ...... 6.000 211. Illinois ...... Extend and reconstruct roadways through industrial corridor in Alton ...... 5.690 212. New Jersey ...... Construct road from the Military Ocean Terminal to the Port Jersey Pier, Bayonne ...... 3.000 213. Missouri ...... Relocate and reconstruct Route 21 between Schenk Rd. to Town of DeSoto ...... 40.000 214. Michigan ...... Improve drainage on 6th Street in Menominee ...... 0.150 215. Pennsylvania ...... Reconstruct and widen US Rt. 222 to four-lane expressway between Lancaster/Berks County line and Grings Mill Rd. and construction of Warren Street extenstion in Read- ing ...... 25.000 216. New Jersey ...... Relocate and complete construction of new multi-modal facility, Weehawken ...... 8.000 217. Arkansas ...... Construct North Belt Freeway ...... 7.000 218. California ...... Rehabilitate pavement throughout Santa Barbara Co...... 1.500 219. Virginia ...... Repair historic wooden bridges along portion of Virginia Creeper Trail maintained by Town of Abingdon ...... 2.050 220. Arizona ...... Reconstruct I–19, East Side Frontage Road, Ruby Road to Rio Rico Drive, Nogales ...... 10.000 221. Massachusetts ...... Conduct planning and engineering for connector route between I–95 and industrial/busi- ness park, Attleboro ...... 0.800 222. Georgia ...... Undertake Perimeter Central Parkway Overpass project and Ashford Dunwoody inter- change improvements at I–285, DeKalb Co...... 0.100 223. Ohio ...... Construct Wilmington Bypass, Wilmington ...... 5.000 224. Illinois ...... Construct Western Springs Pedestrian and Tunnel project, Cook Co...... 0.925 225. Minnesota ...... Upgrade Cass County Road 105 and Crow Wing County Road 125, East Gull Lake ...... 0.960 226. Michigan ...... Upgrade H-58 within Pictured Rocks National Lakeshore ...... 5.600 227. California ...... Reconstruct and widen Mission Road, Alhambra ...... 3.250 228. Texas ...... Reconstruct and widen I–35 between North of Georgetown at Loop 418 to US Rt. 190 ...... 8.000 229. Florida ...... Construct access road to St. Johns Ave. Industrial Park ...... 1.000 230. Illinois ...... Intersection improvements at 79th and Stoney Island Blvd., Chicago ...... 1.740 231. Michigan ...... Construct Tawas Beach Road/US 23 interchange improvements, East Tawas ...... 2.200 232. Pennsylvania ...... Construct Lawrenceville Industrial Access Road ...... 10.000 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1935 [Dollars in Millions]

233. Maryland ...... Construct intersection improvements to facilitate access to NSA facility, Anne Arundel Co. 3.000 234. California ...... Upgrade Del Almo Boulevard at I–405 ...... 5.000 235. Minnesota ...... Reconstruct and replace I–494 Wakota Bridge from South St. Paul to Newport, and ap- proaches ...... 13.000 236. Tennessee ...... Construct separated grade crossing at US 41 and US 231, Murfreesboro ...... 0.323 237. Michigan ...... Construct four-lane boulevard from Dixie Highway to Walton Blvd., Oakland Co...... 3.700 238. New York ...... Reconstruct Mamaroneck Ave., White Plains, Harrison and Mamaroneck ...... 4.500 239. Texas ...... Upgrade FM 1764 between FM 646 to State Highway 6 ...... 3.000 240. Texas ...... Construct ramp connection between Hammet St. to Highway 54 ramp to provide access to I–10 in El Paso ...... 8.000 241. New York ...... Undertake studies, planning, engineering, design and construction of a tunnel alternative to reconstruction of existing elvated expressway (Gowanus tunnel project) ...... 32.000 242. New York ...... Rehabilitate segment of Henry Hudson Parkway between Washington Bridge and Dyckman St., New York City ...... 1.470 243. Illinois ...... Construct bicycle/pedestrian trail parallel to light rail transit system in St. Clair Co...... 6.000 244. Indiana ...... Extend SR 149 between SR 130 to US Rt. 30, Valparaiso ...... 5.900 245. Connecticut ...... Construct Greenmanville Ave. streetscape extension, including feasibility study, in towns of Groton, Stonington and Mystic ...... 8.400 246. Illinois ...... Reconstruct Broad Street between Maple St. to Sixth St., Evansville ...... 0.350 247. New York ...... Construct Mineola and Hicksville Intermodal Centers in Nassau Co...... 16.000 248. Colorado ...... Construct intermodal center at Stapleton, Denver ...... 3.000 249. New Jersey ...... Undertake improvements associated with the South Amboy Regional Intermodal Center .... 16.000 250. Michigan ...... Extend Trowbridge Road from Harrison Rd. to Red Cedar Rd...... 2.500 251. Massachusetts ...... Construct improvements to North Main St. in Worcester ...... 2.400 252. Tennessee ...... Upgrade SR 96 between Arno Rd. and SR 252, Williamson Co...... 3.600 253. Louisiana ...... Extend Howard Avenue to Union Passenger Terminal, New Orleans ...... 8.000 254. California ...... Construct bike path between Sepulveda Basin Recreation Area and Warner Center/Canoga Park, Los Angeles ...... 3.000 255. New York ...... Upgrade Route 17 between Five Mile Point and Occanum, Broome Co...... 16.800 256. Ohio ...... Upgrade US Rt. 33 between vicinity of Haydenville to Floodwood (Nelsonville Bypass) ...... 5.000 257. Oregon ...... Construct passing lande on Highway 58 between Kitson Ridge Road and Mile Post 47, Lane Co...... 6.800 258. Michigan ...... Upgrade East Jordon Road, Boyne City ...... 0.170 259. California ...... Reconstruct Tennessee Valley Bridge, Marin Co...... 1.000 260. Illinois ...... Improve access to 93rd Street Station, Chicago ...... 3.000 261. California ...... Construct I–580 interchange, Livermore ...... 13.200 262. California ...... Construct San Diego and Arizona Eastern Intermodal Yard ...... 10.000 263. Michigan ...... Apply ITS technologies relating to traffic control, Lansing ...... 3.700 264. California ...... Construct Palisades Bluff Stabilization project, Santa Monica ...... 8.000 265. Rhode Island ...... Upgrade pedestrian traffic facilities, Bristol ...... 0.100 266. Rhode Island ...... Implement transportation alternative relating to Court Street Bridge, Woonsocket ...... 0.200 267. California ...... Upgrade Industrial Parkway Southwest between Whipple Rd. and improved segment of the parkway, Hayward ...... 0.600 268. Missouri ...... Replace bridge on Route 92, Platte Co...... 1.000 269. Ohio ...... Upgrade Western Reserve Road, Mahoning Co...... 5.600 270. Ohio ...... Upgrade SR 124 between Five Points and Ravenswood Bridge, Meigs Co...... 5.000 271. Illinois ...... Undertake streetscaping between Damden and Halsted ...... 1.150 272. Illinois ...... Construct improvements to New Era Road, Carbondale ...... 3.500 273. New York ...... Construct access improvements to Port of Rochester Harbor, Rochester ...... 12.000 274. Rhode Island ...... Reconstruct interchanges on Rt. 116 between Rt. 146 and Ashton Viaduct, Lincoln ...... 0.445 275. West Virginia ...... Preliminary engineering and design for access road to proposed location of regional air- port, Lincoln Co...... 1.000 276. Massachusetts ...... Upgrade Route 2 between Philipston and Greenfield ...... 4.000 277. Ohio ...... Construct grade separations at Front Street and Bagley Road, Berea ...... 14.000 278. Pennsylvania ...... Relocate PA 18 between 9th Ave. and 32nd St., Beaver Falls ...... 1.400 279. California ...... Construct bike paths, Thousand Oaks ...... 0.625 280. Oregon ...... Construct right-of-way improvements to provide improved pedestrian access to MAX light rail, Gresham ...... 1.282 281. Louisiana ...... Reconstruct I–10 and Ryan Street access ramps and frontage street improvements, Lake Charles ...... 8.000 282. California ...... Upgrade SR 92/El Camino interchange, San Mateo ...... 3.700 283. Massachusetts ...... Construct Housatonic-Hoosic bicycle network ...... 4.000 284. Texas ...... Upgrade SH 30, Huntsville ...... 2.500 285. Connecticut ...... Replace bridges over Harbor Brook, Meriden ...... 6.550 286. Indiana ...... Extend SR 149 between SR 130 to US Rt. 30 ...... 1.000 287. West Virginia ...... Construct improvements on WV 9 including turning lane and signalization, Berkely Co. ... 0.200 288. Arkansas ...... Upgrade Highway 63, Marked Tree to Lake David ...... 12.000 289. Dist. of Col...... Conduct studies and related activities pertaining to proposed intermodal transportation Center, D.C...... 1.000 290. Ohio ...... Undertake improvements to Valley Street, Dayton ...... 0.900 291. Texas ...... Construct US Expressway 77/83 interchange, Harlingen ...... 7.500 292. Texas ...... Construct Loop 197, Galveston ...... 4.290 293. Minnesota ...... Upgrade Highway 53 between Virginia and Cook ...... 2.000 294. California ...... Upgrade intersection of Folsom Blvd. and Power Inn Rd., Sacramento ...... 10.000 295. California ...... Reconstruct Grand Avenue between Elm Street and Halcyon Road, Arroyo Grande ...... 0.500 296. New York ...... Construct intermodal facility in Yonkers, Westchester Co...... 10.250 297. Massachusetts ...... Construct bike path between Rt. 16 (Everett) to Lynn Oceanside ...... 1.700 298. Oregon ...... Design and engineering for intermodal transportation center, Astoria ...... 0.300 299. California ...... Construct Port of Oakland intermodal terminal ...... 8.000 300. Indiana ...... Upgrade County roads in LaPorte County ...... 7.000 301. Alabama ...... Replace bridge over Tombigbee River, Naheola ...... 3.000 302. Virginia ...... Construct access road and related facilities for Fisher Peak Mountain Music Interpretive Center on Blue Ridge Parkway ...... 1.700 303. Colorado ...... Reconstruct and upgrade I–70/I–25 Interchange, Denver ...... 13.000 H1936 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

304. Alabama ...... Construct improvements to 41st Street between 1st Ave. South and Airport Highway, Bir- mingham ...... 1.000 305. New York ...... Replace Route 28 bridge over NY State Thruway, Ulster Co...... 3.200 306. Minnesota ...... Reconstruct SE Main Ave./I–94 interchange, Moorhead ...... 4.000 307. Indiana ...... Construct Gary Marina access road (Buffington Harbor) ...... 10.000 308. Washington ...... Undertake SR 166 slide repair ...... 6.500 309. Oregon ...... Construct bike path between Main Street/Highway 99 in Cottage Grove to Row River Trail, Cottage Grove ...... 0.230 310. Minnesota ...... Upgrade 10th Street South, St. Cloud ...... 1.500 311. Missouri ...... Construct Grand Ave. viaduct over Mill Creek Valley in St. Louis ...... 2.200 312. Missouri ...... Construct Strother Rd./I–470 interchange, Jackson Co...... 8.000 313. Wisconsin ...... Upgrade U.S. 51 between I–90/94 to northern Wisconsin ...... 5.000 314. Virginia ...... Construct trailhead and related facilities and restore old Whitetop Train Station at ter- minus of Virginia Creeper Trail adjacent to Mount Rogers National Recreation Area ..... 0.250 315. Oregon ...... Reconstruct Lovejoy ramp, Portland ...... 7.718 316. Michigan ...... Rehabilitate Lincoln St., Negaunee ...... 0.170 317. New York ...... Construct full access controlled expressway along NY Route 17 at Parkville, Sullivan Co. 6.000 318. Texas ...... Construct extension of Bay Area Blvd...... 1.000 319. California ...... Construct pedestrian boardwalk between terminus of Pismo Promenade at Pismo Creek and Grande Avenue in Gover Beach ...... 0.500 320. Michigan ...... Construct deceleration lane in front of 4427 Wilder Road, Bay City ...... 0.020 321. Massachusetts ...... Construct Arlington to Boston Bike Path ...... 1.000 322. Virginia ...... Undertake access improvements for Freemason Harbor Development Initiative, Norfolk ..... 2.000 323. Oregon ...... Construct bike path along Willamette River, Corvallis ...... 0.808 324. California ...... Upgrade Highway 99 between State Highway 70 and Lincoln Rd., Sutter Co...... 14.300 325. Texas ...... Construct US 77/83 Expressway extension, Brownsville ...... 3.000 326. Ohio ...... Undertake improvements to open Federal Street to traffic, Youngstown ...... 2.080 327. Massachusetts ...... Upgrade I–495 interchange 17 and related improvements including along Route 140 ...... 14.480 328. Indiana ...... Undertake safety and mobility improvements involving street and street crossings and Conrail line, Elkhart ...... 2.000 329. Illinois ...... Reconstruct interchange at I–294, 127th St. and Cicero Ave. with new ramps to the Tri- State Tollway, Alsip ...... 34.265 330. Minnesota ...... Construct TH 1 east of Northome including bicycle/pedestrian trail ...... 0.240 331. Missouri ...... Construct Jefferson Ave. viaduct over Mill Creek Valley in St. Louis ...... 11.000 332. Ohio ...... Construct connector road between North Road and SR46, Trumbull Co...... 5.680 333. Oregon ...... Repair bridge over Rogue River, Gold Beach ...... 10.000 334. Tennessee ...... Construct I–40/SR 155 interchange, Davidson ...... 9.000 335. Pennsylvania ...... Upgrade I–95 between Lehigh Ave. and Columbia Ave. and improvements to Girard Ave./I– 95 interchange, Philadelphia ...... 29.000 336. Massachusetts ...... Construct Hyannis Intermodal Transportation Center, Hyannis ...... 3.200 337. New York ...... Reconstruct 127th Street viaduct, New York City ...... 1.470 338. California ...... Construct bicycle path, Westlake Village ...... 0.136 339. California ...... Upgrade Osgood Road between Washington Blvd. and South Grimmer Blvd., Freemont ..... 2.000 340. Tennessee ...... Upgrade Briley Parkway between I–40 and Opreyland ...... 9.000 341. Minnesota ...... Construct Gunflint Realignment project, Grand Marais ...... 0.800 342. Maryland ...... Construct Baltimore Washington Parkway to Route 197, Prince Georges Co...... 8.000 343. Virgin Islands ...... Construct bypass around Christiansted ...... 8.000 344. Dist. of Col...... Rehabilitate Theodore Roosevelt Memorial Bridge ...... 10.000 345. California ...... Construct Los Angeles County Gateway Cities NHS Access ...... 8.750 346. South Carolina ...... Construct pedestrian walkway and safety improvements along SC 277, Richland Co...... 0.800 347. Ohio ...... Upgrade US Rt. 35 between vicinity of Chillicothe to Village of Richmond Dale ...... 5.000 348. California ...... Extend 7th St. between F St. and North 7th St., Sacramento ...... 2.000 349. Illinois ...... Construct I–64/North Greenmount Rd. interchange, St. Clair Co...... 4.800 350. Texas ...... Construct 6th and 7th Street overpass over railroad yard, Brownsville ...... 0.500 351. Iowa ...... Construct four-lane expressway between Des Moines and Marshalltown ...... 11.100 352. Michigan ...... Construct route improvements along Washington Ave. between Janes Ave. to Johnson St. and East Genesee Ave. between Saginaw River and Janes Ave., Saginaw ...... 3.600 353. Minnesota ...... Construct pedestrian bridge over TH 169 in Elk River ...... 0.707 354. Michigan ...... Reconstruct I–75/M-57 interchange ...... 14.000 355. Virginia ...... Upgrade Danville Bypass in Pittsylvania ...... 4.000 356. Massachusetts ...... Reconstruct Route 126 and replace bridge spanning Route 9, Town of Framingham ...... 4.700 357. Alabama ...... Construct improvements to 19th Street between I–59 and Tuxedo Junction, Birmingham .... 0.900 358. Ohio ...... Restore Main and First Streets to two-way traffic, Miamisburg ...... 0.450 359. Texas ...... Upgrade FM225, Nacogdoches ...... 4.000 360. California ...... Construct railroad at-grade crossings, San Leandro ...... 0.500 361. Pennsylvania ...... Improve walking and biking trails between Easton and Lehigh Gorge State Park within the Delaware and Lehigh Canal National Heritage Corridor ...... 2.800 362. Massachusetts ...... Environmental studies, preliminary engineering and design of North-South Connector in Pittsfield to improve access to I–90 ...... 2.000 363. Oregon ...... Upgrade Naito Parkway, Portland ...... 1.500 364. Pennsylvania ...... Make safety improvements on PA Rt. 61 (Dusselfink Safety Project) between Rt. 183 in Cressona and SR 0215 in Mount Carbon ...... 7.000 365. New York ...... Capital improvements for the car float operations in Brooklyn, New York, for the New York City Economic Development Corp...... 14.000 366. California ...... Construct Backbone Trail through Santa Monica National Recreation Area ...... 0.200 367. Massachusetts ...... Reconstruct Greenfield Road, Montague ...... 2.500 368. North Dakota ...... Upgrade U.S. Route 52 between Donnybrook and US Route 2 ...... 2.400 369. Pennsylvania ...... Construct Philadelphia Intermodal Gateway Project at 30th St. Station ...... 8.000 370. Hawaii ...... Construct Kapaa Bypass ...... 10.000 371. Missouri ...... Construct bike/pedestrian path between Delmar Metrolink Station and University City loop business district in St. Louis ...... 0.800 372. Hawaii ...... Replace Sand Island tunnel with bridge ...... 1.000 373. Missouri ...... Improve safety and traffic flow on Rt. 13 through Clinton ...... 8.000 374. California ...... Construct improvements to Moorpark/Highway 101 interchange, Bouchard/Highway 101 interchange and associated street improvements, Thousand Oaks ...... 0.368 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1937 [Dollars in Millions]

375. Texas ...... Construct extension of West Austin Street (FM 2609) between Old Tyler Road and Loop 224, Nacogdoches ...... 1.800 376. Washington ...... Construct passenger ferry to serve Southworth-Seattle ...... 5.000 377. Hawaii ...... Construct interchange at junction of proposed North-South road and H–1 ...... 20.000 378. South Carolina ...... Construct I–95/I–26 interchange, Orangeburg Co...... 12.000 379. Ohio ...... Upgrade SR 46 between Mahoning Ave. and Salt Springs Rd., Mahoning and Trumbull Counties ...... 3.520 380. California ...... Rehabilitate Highway 1 in Guadalupe ...... 0.500 381. Massachusetts ...... Construct Great River Bridge improvements, Westfield ...... 2.000 382. Maine ...... Studies and planning for extension of I–95 ...... 1.500 383. Michigan ...... Widen Arch St., Negaunee ...... 0.080 384. Texas ...... Construct Concord Road Widening project, Beaumont ...... 8.500 385. Massachusetts ...... Construct accessibility improvments to Charles Street T Station, Boston ...... 4.000 386. Oregon ...... Purchase and install emitters and receiving equipment to facilitate movement of emergency and transit vehicles at key arterial intersections, Portland ...... 4.500 387. Pennsylvania ...... Construct bicycle and pedestrian facility between Boston Bridge and McKee Point Park, Allegheny Co...... 0.180 388. Oregon ...... Restore transportation connection between Wauna, Astoria and Port of Astoria ...... 0.700 389. Pennsylvania ...... Construct Wexford I–79/SR 910 Interchange, Allegheny Co...... 1.100 390. Minnesota ...... Undertake improvements to Hennepin County Bikeway ...... 5.200 391. New Jersey ...... Construct New Jersey Exit 13A Flyover (extension of Kapkowsk Rd. to Trumbull St.) ...... 3.000 392. Texas ...... Implement ‘Hike and Bike’ trail program, Houston ...... 8.000 393. Puerto Rico ...... Upgrade PR 30 between PR 203 in Gurabo to PR 31 in Juncos ...... 8.000 394. Illinois ...... Planning, engineering and first phase construction of beltway connector, Decatur ...... 10.310 395. Texas ...... Extend Texas State Highway 154 between US 80W and State Highway 43S ...... 4.900 396. Illinois ...... Construct bypass of historic stone bridge, Maeystown ...... 0.820 397. Ohio ...... Rehabilitate Martin Luther King, Jr. Bridge, Toledo ...... 2.000 398. Missouri ...... Upgrade Little Blue Expressway, Jackson Co...... 3.000 399. Puerto Rico ...... Upgrade PR 3 between Rio Grande and Fajardo ...... 8.000 400. Illinois ...... Reconstruct Cossitt Ave. in LaGrange ...... 1.485 401. Pennsylvania ...... Facilitate coordination of transportation systems at intersection of 46th and Market, and enhance access and related measures to area facilities including purchase of vans for re- verse commutes, Philadelphia ...... 4.000 402. Connecticut ...... Upgrade bridge over Naugatuck River, Ansonia ...... 0.450 403. Pennsylvania ...... Construct access road to Hastings Industrial Park, Cambria Co...... 6.400 404. Pennsylvania ...... Construct Mon-Fayette Expressway between Union Town and Brownsville ...... 20.000 405. Washington ...... Reconstruct I–5 interchange, City of Lacy ...... 1.500 406. Dist. of Col...... Construct bicycle and pedestrian walkway (Metropolitan Branch Trail), Union Station to Silver Spring ...... 10.000 407. New Jersey ...... Upgrade I–78 interchange and West Peddie St. ramps, Newark ...... 6.300 408. Tennessee ...... Implement ITS technologies, Nashville ...... 2.800 409. Connecticut ...... Construct bicycle and pedestrian walkway, Town of East Hartford ...... 1.200 410. North Carolina ...... Upgrade Highway 55 between US 64 and State Route 1121, Wake and Durham Counties .... 23.000 411. Virginia ...... Upgrade Route 501 in Bedford County ...... 1.000 412. Georgia ...... Construct multi-modal passenger terminal, Atlanta ...... 16.000 413. Virginia ...... Renovate Greater Richmond Transit transportation facility, Richmond ...... 5.000 414. Michigan ...... Upgrade Van Dyke Road between M–59 and Utica City limits ...... 3.700 415. Pennsylvania ...... Design, engineer, ROW acquisition and construct the Luzerne County Community College Road between S.R. 2002 and S.R. 3004 one-mile west of Center Street through S.R. 2008 in the vicinity of Prospect Street and the Luzerne County Community College ...... 14.000 416. Texas ...... Construct two-lane parallel bridge, State Highway 146, FM 517 to vicinity of Dickinson Bayou ...... 4.850 417. North Dakota ...... Upgrade US Rt. 52, Kenmare to Donnybrook ...... 2.800 418. Minnesota ...... Improve roads, Edge of Wilderness, Grand Rapids to Effie ...... 6.000 419. Virginia ...... Construct access road, walking trail and related facilities for the Nicholsville Center, Scott Co...... 0.225 420. Maryland ...... Construct pedestrian and bicycle path between Druid Hill Park and Penn Station, Balti- more ...... 1.800 421. Illinois ...... Construct access road to Melvin Price Locks and Dam Visitors Center, Madison Co...... 1.500 422. New York ...... Install advance traffic management system along Cross County Parkway between Saw Mill River Parkway and Hutchinson River Parkway ...... 4.000 423. South Carolina ...... Construct I–77/SC #S–20–30 interchange, Fairfield Co...... 7.000 424. Pennsylvania ...... Rehabilitate Jefferson Heights Bridge, Penn Hills ...... 1.500 425. Oregon ...... Construct I–205/Sunnyside/Sunnybrook interchange and related extrension road, Clackamas Co...... 20.000 426. New York ...... Conduct Trans-Hudson Freight Improvement MIS, New York City ...... 5.000 427. Illinois ...... Construct Marion Street multi-modal project in Village of Oak Park ...... 2.000 428. Pennsylvania ...... Upgrade roadway in the Princeton/Cottman I–95 interchange and related improvements, Philadelphia ...... 20.200 429. California ...... Extend I–10 HOV lanes, Los Angeles ...... 2.940 430. Massachusetts ...... Rehabilitate Union Station in Springfield ...... 16.000 431. California ...... Upgrade Greenville Rd. and construct railroad underpass, Livermore ...... 6.800 432. Pennsylvania ...... Extend Martin Luther King, Jr. East Busway to link with Mon-Fayette ...... 6.000 433. Michigan ...... Construct improvements to Linden Rd. between Maple Ave. and Pierson Rd., Genessee Co. 1.200 434. Texas ...... Construct Titus County West Loop, Mount Pleasant ...... 2.500 435. New York ...... Upgrade Riverside Drive between 97th St. and Tiemann, New York City ...... 1.470 436. Florida ...... Construct interchange at 21st Street to provide access to Talleyrand Marine Terminal ...... 11.300 437. Minnesota ...... Upgrade CSAH 116 north of SCAH 88 in Ely ...... 1.600 438. New York ...... Rehabilitate Queens Blvd./Sunnyside Yard Bridge, New York City ...... 8.000 439. Oregon ...... Upgrade I–5, Salem ...... 6.592 440. California ...... Install call boxes along Highway 166 between intersection with Highway 101 and junction with Highway 33 ...... 0.288 441. Arkansas ...... Construct US 63 interchange with Washington Ave. and Highway 63B ...... 2.000 442. Virginia ...... Upgrade Rt. 600 to facilitate access between I–81 and Mount Rogers National Recreation Area ...... 8.000 H1938 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

443. Pennsylvania ...... Construct bicycle and pedestrian facility between Washington’s Landing and Millvale Borough, Allegheny Co...... 0.620 444. New Jersey ...... Conduct Route 46 Corridor Improvement Project with of the amount provided, $11,500,000 for the Route 46/Riverview Drive Interchange reconstruction project, $16,900,000 for the Route 46/Van Houton Avenue reconstruction project, and $4,100,000 for the Route ...... 32.500 445. Virginia ...... Construct Southeastern Parkway and Greenbelt in Virginia Beach ...... 4.000 446. Michigan ...... Upgrade Hill Road corridor between I–75 to Dort Highway, Genesee Co...... 3.000 447. Louisiana ...... Upgrade Lapalco Blvd. between Destrehan Ave. and Lapalco Blvd., Jefferson Parish ...... 8.000 448. California ...... Upgrade South Higuera Street, San Luis Obispo ...... 0.900 449. Rhode Island ...... Reconstruct Harris Ave., Woonsocket ...... 2.000 450. California ...... Construct Olympic Training Center Access Road, Chula Vista ...... 5.000 451. Alabama ...... Construct bridge over Tennessee River connecting Muscle Shoals and Florence ...... 10.000 452. North Carolina ...... Construct I–540 from east of NC Rt. 50 to east of US Rt. 1 in Wake Co...... 13.000 453. Oregon ...... Upgrade Murray Blvd. including overpass bridge, Millikan to Terman ...... 5.000 454. California ...... Planning, preliminary engineering and design for Etiwanda Ave./I–10 interchange, San Bernardino Co...... 2.000 455. Arkansas ...... Upgrade US Rt. 412, Mountain Home to Missouri State line ...... 10.000 456. California ...... Upgrade access road to Mare Island ...... 1.000 457. California ...... Construct Prunedale Bypass segment of U.S. 101, Monterey Co...... 2.200 458. Illinois ...... Rehabilitate and upgrade 87th Street Station to improve intermodal access ...... 2.362 459. Wisconsin ...... Upgrade US Rt. 10 between Waupaca to US Rt. 41 ...... 8.000 460. Minnesota ...... Construct railroad crossing connecting University of MN with City of Crookston ...... 0.200 461. Wisconsin ...... Construct Eau Claire Bypass project ...... 8.000 462. Illinois ...... Resurface 63rd Street from Western Avenue to Wallace, Chicago ...... 0.750 463. New York ...... Reconstruct Chili Ave. between W. City Line and West Ave., Rochester ...... 1.600 464. West Virginia ...... Construct I–81 interchange, Martinsburg ...... 5.300 465. Texas ...... Construct transportation improvements as part of redevelopment of Kelly AFB, San Anto- nio ...... 5.000 466. Oregon ...... Construct roundabout at intersection of Highway 101 and Highway 202, Clatsop Co...... 0.400 467. Oregon ...... Construct bike path improvements between W.D. Street to south parking lot in Island Park and bicycle/pedestrian facility between Island Park path to the Willamalane Sen- ior Center, Springfield ...... 0.100 468. Ohio ...... Undertake multimodal transportation improvements, Dayton ...... 2.750 469. Massachusetts ...... Upgrade Rt. 3 between Rt. 128/I–95 to Massachusetts and New Hampshire State Line ...... 8.200 470. Texas ...... Conduct MIS for Multimodal Downtown Improvement Project, San Antonio ...... 1.000 471. California ...... Construct improvements to Route 101/Lost Hills Road interchange, Calabasas ...... 5.790 472. Florida ...... Construct John Young Parkway/I–4 interchange ...... 8.000 473. Texas ...... Reconstruct FM 364 between Humble Road and I–10, Beaumont ...... 4.800 474. Texas ...... Construct Austin to San Antonio Corridor ...... 9.500 475. Texas ...... Construct East Loop, Brownsville ...... 1.000 476. Illinois ...... Upgrade South Lake Shore Drive between 47th and Hayes, Chicago ...... 7.800 477. Alabama ...... Construct Finley Ave. Extension East project ...... 3.900 478. Tennessee ...... Implement middle Tennessee alternative transportation system along the Stones River ...... 9.500 479. Hawaii ...... Construct improvements to H–1 between the Waiawa interchange and the Halawa inter- change ...... 2.000 480. New Jersey ...... Upgrade Industrial Road between Carteret and Woodbridge Township ...... 3.000 481. Minnesota ...... Restore MN Transportation facility, Jackson Street Roundhouse, St. Paul ...... 1.000 482. Hawaii ...... Construct Kawahihee Bypass ...... 1.000 483. Georgia ...... Upgrade U.S. Rt. 19 between Albany and Thomaston ...... 5.000 484. Michigan ...... Upgrade M–15 from I–75 north to the Genesee County line ...... 0.500 485. Georgia ...... Upgrade Lithonia Industrial Boulevard, DeKalb Co...... 0.500 486. Michigan ...... Upgrade Walton Blvd. between Dixie and Sashabaw, Oakland Co...... 2.000 487. Kentucky ...... Reconstruct Liberty and Todd Roads, Lexington ...... 8.000 488. North Carolina ...... Construct Charlotte Western Outer Loop freeway, Mecklenburg Co...... 16.000 489. Tennessee ...... Construct Crosstown Greenway/Bikeway, Springfield ...... 3.200 490. North Carolina ...... Construct segment of I–74 between Maxton Bypass and NC 710, Robeson Co...... 2.000 491. Pennsylvania ...... Construct enhancements and related measures, including purchase of vans for reverse commutes, to intermodal facility located at intersection of 52nd and Lancaster Ave., Philadelphia ...... 4.000 492. Illinois ...... Undertake Industrial Transportation Improvement Program in Chicago ...... 4.350 493. Illinois ...... Resurface S. Chicago Ave. From 71st to 95th Streets, Chicago ...... 1.060 494. Texas ...... Upgrade US Rt. 59 between US 281 to I–37 ...... 16.000 495. Tennessee ...... Construct Stones River Greenway, Davidson ...... 7.200 496. South Carolina ...... Construct Calhoun/Clarendon Causeway ...... 10.000 497. Tennessee ...... Construct U.S. 40 bypass, Madison Co...... 2.000 498. Mississippi ...... Upgrade Land Fill Road, Panola Co...... 1.000 499. Illinois ...... Construct elevated walkway between Centre Station and arena ...... 1.200 500. New Jersey ...... Construct interchange improvements and flyover ramps at I–80W to Route D23N in Passaic Co...... 10.000 501. Illinois ...... Construct new entrance to Midway Airport Terminal ...... 6.500 502. North Dakota ...... Construct Jamestown bypass ...... 4.800 503. Illinois ...... Resurface 95th St. between Western Ave. and Stony Island Blvd., Chicago ...... 3.120 504. Massachusetts ...... Upgrade Rt. 9/Calvin Coolidge Bridge, Hadley ...... 10.000 505. Oregon ...... Acquire and rennovate facility to serve as multimodal transportation center, Eugene ...... 3.590 506. Tennessee ...... Upgrade SR 386 between US 31 to the Gallatin Bypass, Sumner Co...... 3.440 507. American Samoa ...... Construct drainage system improvements associated with highway construction on Tutilla Island, American Samoa ...... 5.000 508. Ohio ...... Replace I–280 bridge over Maumee River, Toledo area ...... 24.000 509. Pennsylvania ...... Improve access to McKeesport-Duquesne Bridge ...... 2.268 510. Wisconsin ...... Upgrade State Highway 29 between Green Bay and Wausau ...... 12.000 511. California ...... Construct State Route 905 between I–805 and the Otay Mesa Border Crossing, San Diego Co...... 25.000 512. California ...... Undertake median improvements along E. 14th St., San Leandro ...... 1.000 513. Virginia ...... Conduct preliminary engineering on I–73 between Roanoke and Virginia/North Carolina State line ...... 4.000 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1939 [Dollars in Millions]

514. Illinois ...... Upgrade industrial park road in Village of Sauget ...... 4.500 515. Massachusetts ...... Construct TeleCom Boulevard with access via Commercial Street and Corporation Way to the west of Malden River and with access via Santilli Highway to the east of the river in Everett, Medord and Malden ...... 7.000 516. Rhode Island ...... Construct Blackstone River Bikeway ...... 3.455 517. Oregon ...... Construct intermodal station, Clackamas Co...... 0.600 518. Illinois ...... Rehabilitate Western Springs Arterial Roadway, Cook Co...... 0.825 519. California ...... Implement enhanced traffic access between I–10, area hospitals and southern portion of Loma Linda ...... 2.000 520. Maine ...... Replace Ridlonville Bridge across Androscoggin River ...... 1.500 521. New York ...... Capital improvements for the Red Hook Barge in NY/NJ for the Port Authority of NY/NJ .. 5.000 522. Oregon ...... Construct bike path between Terry Street and Greenhill Road, Eugene ...... 1.500 523. Texas ...... Conduct pipeline express study through Texas Transportation Institute (A&M University) 1.500 524. North Carolina ...... Construct segment of Raleigh Outer Loop, Wake Co...... 2.700 525. North Carolina ...... Construct segment of new freeway, including right-of-way acquisition, between East of US 401 to I–95, and bridge over Cape Fear River ...... 16.000 526. Kentucky ...... Construct Newton Pike Extension between West Main St. to South Limestone in Lexington 8.000 527. Indiana ...... Extend SR 149 between SR 130 to US Rt. 30, Valparaiso ...... 4.000 528. California ...... Implement safety and congestion mitigation improvements along Pacific Coast Highway, Malibu ...... 0.650 529. Maryland ...... Upgrade I–95/I–495 interchange at Ritchie Marlboro Rd., Prince Georges ...... 4.800 530. Michigan ...... Construct arterial connector between US41/M28 and Co. Rd. 480, Marquette ...... 0.500 531. Ohio ...... Construct SR 711 connector four-lane limited access highway in Mahoning Co...... 25.000 532. Illinois ...... Study for new bridge over Mississippi River with terminus points in St. Clair County and St. Louis, MO...... 1.400 533. Michigan ...... Upgrade Three Mile Road, Grand Traverse ...... 1.000 534. Wisconsin ...... Construct Abbotsford Bypass ...... 6.000 535. North Carolina ...... Upgrade US 13/NC11 (including Bethel bypass) in Pitt and Edgecombe ...... 2.000 536. New Jersey ...... Construct highway connector between Interstate Route 1&9 (Tonelle Ave.) and the New Jersey Turnpike at Secaucus Intermodal Transfer Rail Station ...... 5.000 537. Iowa ...... Reconstruct US Highway 218 between 7th and 20th Streets including center turn lane from Hubenthal Place to Carbide Lane, Keokuk ...... 2.500 538. Minnesota ...... Construct grade crossing improvments, Morrison County ...... 1.800 539. California ...... Upgrade Bristol St., Santa Ana ...... 7.000 540. Illinois ...... Undertake access improvements to U.S. Rt. 41, Chicago ...... 3.750 541. Illinois ...... Reconstruct Dixie Highway, Harvey ...... 0.494 542. Minnesota ...... Upgrade CSAH between TH324 and Snake River ...... 1.200 543. California ...... Rehabilitate B Street between Foothill Blvd. and Kelly St., Hayward ...... 0.700 544. Illinois ...... Construct improvements to Pleasant Hill Road, Carbondale ...... 3.500 545. Mississippi ...... Construct access improvments to various roads, Humphreys Co...... 1.000 546. Michigan ...... Construct safety enhancements at rail crossings, Linden, Fenton, Swartz Creek and Gaines ...... 1.000 547. Maryland ...... Implement city-wide signal control system replacements and improvements in Baltimore .... 17.700 548. Michigan ...... Construct road drainage improvements, Suttons Bay Village ...... 0.240 549. West Virginia ...... Upgrade Route 10 between Logan and Man ...... 50.000 550. California ...... Construct Gene Autry Way/I–5 Access project, Anaheim ...... 9.000 551. Tennessee ...... Reconstruct US 79 between Milan and McKenzie ...... 4.000 552. Illinois ...... Reconstruct Midlothian Turnpike, Robbins ...... 0.288 553. California ...... Construct connector between I–5 and SR 113 and reconstruct I–5 interchange with Road 102, Woodland ...... 11.500 554. Massachusetts ...... Reconstruct Route 2/Jackson Road interchange, Lancaster ...... 3.600 555. California ...... Construct Airport Blvd. interchange in Salinas ...... 8.000 556. California ...... Construct Third Street South Bay Basin Bridge, San Francisco ...... 12.500 557. Minnesota ...... Reconstruct CSAH 48 extension, Brainerd/Baxter ...... 0.320 558. Florida ...... Upgrade U.S. 319 between Four Points and Oak Ridge Road, Tallahasee ...... 4.000 559. Connecticut ...... Reconstruct I–84 between vicinity of Route 69 in Waterbury and Marion Avenue in South- ington ...... 6.000 560. California ...... Upgrade Riverside Avenue/I–10 interchange, Rialto ...... 0.925 561. Illinois ...... Consolidate rail tracks and eliminate grade crossings as part of Gateway Intermodal Ter- minal access project ...... 1.500 562. Pennsylvania ...... Construct Robinson Town Centre intermodal facility ...... 2.700 563. North Carolina ...... Construct bridge over Chockoyotte Creek in Halifex Co...... 1.800 564. Texas ...... Investigate strategies to reduce congestion and facilitate access at the international border crossing in Roma ...... 0.250 565. Hawaii ...... Construct Waimea Bypass ...... 1.000 566. Oregon ...... Reconstruct I–5/Beltline Road interchange ...... 3.000 567. Ohio ...... Construct Intermodal Industrial Park in Wellsville ...... 2.040 568. Ohio ...... Upgrade Route 82, Strongsville ...... 7.000 569. California ...... Construct pedestrian promenade, Pismo Beach ...... 0.200 570. Dist. of Col...... Conduct MIS of light rail corridors, D.C...... 1.000 571. California ...... Upgrade I–680 Corridor, Alameda Co...... 10.000 572. Ohio ...... Construct new bridge over Muskingum River and highway approaches, Washington Coun- ty ...... 2.000 573. Massachusetts ...... Construct improvements along Route 18 to provide for access to waterfront and downtown areas, New Bedford ...... 12.000 574. Minnesota ...... Upgrade Cross-Range Expressway between Coleraine to CSAH 7 ...... 6.000 575. Illinois ...... Construct transportation improvements to Industrial Viaduct, Chicago ...... 1.500 576. Pennsylvania ...... Construct American Parkway Bridge project in Allentown ...... 4.000 577. Pennsylvania ...... Replace Grant Street Bridge, New Castle ...... 2.400 578. Illinois ...... Extend South 74th Street, Belleville ...... 0.500 579. California ...... Construct Phase 3 of Alameda Street project, Los Angeles ...... 6.000 580. New York ...... Rehabilitate Third Avenue Bridge over Harlem River, New York City ...... 1.470 581. West Virginia ...... Upgrade Route 2 in Cabell Co., including the relocation of Route 2 to provide for a con- nection to I–64 (Merrick Creek Connector) ...... 25.000 H1940 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

582. Minnesota ...... Construct Shepard Road/Upper Landing interceptor, St. Paul ...... 3.000 583. Illinois ...... Construct improvements to segment of Town Creek Road, Jackson Co...... 1.300 584. Minnesota ...... Complete construction of Forest Highway 11, Lake Co...... 5.000 585. Ohio ...... Construct access and related improvements to Downtown Riverfront Area, Dayton ...... 4.900 586. Minnesota ...... Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton Counties ...... 10.300 587. Ohio ...... Replace Jacobs Road Bridge, Mahoning Co...... 2.000 588. North Carolina ...... Make improvements to I–95/SR–1162 interchange in Johnston Co...... 3.200 589. Oregon ...... Rehabilitate Broadway Bridge in Portland ...... 10.000 590. Minnesota ...... Construct Trunk Highway 169 Causeway, Itasca Co...... 8.100 591. Minnesota ...... Construct Cass County Public Trails Corridors ...... 0.240 592. Tennessee ...... Construct park and ride intermodal centers for Nashville/Middle Tennessee Commuter Rail 8.000 593. California ...... Construct bicycle path, Calabasas ...... 0.500 594. Mississippi ...... Upgrade Hampton Lake Road, Tallahatchie Co...... 0.880 595. Michigan ...... Upgrade M.L. King Drive. Genesee Co...... 2.000 596. Michigan ...... Facilitate access between I–75 and Soo Locks through road reconstruction, bikepath con- struction and related improvements, Sault Ste. Marie ...... 1.000 597. New York ...... Construct Midtown West Intermodal Ferry Terminal, New York City ...... 5.000 598. Michigan ...... Construct Jackson Road project (demonstrating performance of paper and plastic rein- forced concrete), Scio Township ...... 4.600 599. Alabama ...... Upgrade Opoto-Madrid Blvd., Birmingham ...... 1.400 600. Michigan ...... Reconstruct Bagley Street and improve Genschaw Road, Alpena ...... 0.600 601. Texas ...... Reconstruct State Highway 87 between Sabine Pass and Bolivar Penninsula, McFadden Beach ...... 1.294 602. Arkansas ...... Construct Baseline Road RR grade separation, Little Rock ...... 5.000 603. Louisiana ...... Construct I–10/Louisiana Ave. interchange ...... 8.000 604. Oregon ...... Construct regional multimodal transportation center in Albany ...... 10.320 605. Oregon ...... Repair Coos Bay rail bridge, Port of Coos Bay ...... 5.500 606. Illinois ...... Upgrade Illinois 336 between Illinois 61 to south of Loraine ...... 5.100 607. Illinois ...... Right-of-way acquisition for segment of Alton Bypass between Illinois 143 to Illinois 140 near Alton ...... 4.000 608. Oregon ...... Restore the Historic Columbia River Highway including construction of a pedestrian and bicycle path under I–84 at Tanner Creek and restoration of the Tanner Creek and Moffett Creek bridges ...... 2.000 609. New Jersey ...... Reconstruct intermodal transportation facility on Bergenline Ave., Union City ...... 4.000 610. Tennessee ...... Upgrade US 231 between SR 268 and Walter Hill, Rutherford ...... 5.100 611. Minnesota ...... Extend County State Highway 61 extension into Two Harbors ...... 0.800 612. Mississippi ...... Upgrade roads, Washington Co...... 4.410 613. Michigan ...... Upgrade M–24 from I–75 to the northern Oakland Co. border ...... 0.500 614. Washington ...... Construct Sequim/Dungeness Valley trail project ...... 1.000 615. California ...... Construct HOV lane and bicycle lane within the Glendale Blvd. corridor in Los Angeles ... 16.000 616. Michigan ...... Upgrade Groveland Mine Road, Dickinson ...... 0.500 617. Pennsylvania ...... Upgrade Route 219 between Meyersdale and Somerset ...... 5.000 618. Texas ...... Upgrade IH–30 between Dallas and Ft. Worth ...... 29.000 619. Florida ...... Upgrade U.S. 319 between I–10 and the Florida/George State line ...... 4.000 620. Rhode Island ...... Construct Rhode Island Greenways and Bikeways projects with of the amount provided $5,700,000 for the Washington Secondary Bikepath, and $2,100,000 for the South County Bikepath Phase 2 ...... 7.800 621. Texas ...... Conduct feasability study on upgrading SH 16 in South Texas...... 0.250 622. Virginia ...... Construct road improvement, trailhead development and related facilities for Haysi to Breaks Interstate Bicycle and Pedestrian Trail between Haysi and Garden Hole area of Breaks Interstate Park ...... 0.250 623. Minnesota ...... Upgrade CSAH 16 between TH 53 and CSAH 4 ...... 5.400 624. Minnesota ...... Construct bicycle and pedestrian facility (Mesabi Trail), St. Louis County ...... 3.000 625. Ohio ...... Construct Black River Intermodal Center, Lorain ...... 2.400 626. Pennsylvania ...... Reconstruct structures and adjacent roadway, Etna and Aspenwall (design and right-of- way acquisition phases), Allegheny Co...... 3.700 627. Florida ...... Construct safety improvements and beautification along U.S. 92, Daytona Beach ...... 3.000 628. Georgia ...... Undertake major arterial enhancements in DeKalb Co. with the amount provides as fol- lows: $7,000,000 for Candler Rd., $7,500,000 for Memorial Highway and $900,000 for Bufford Highway ...... 15.400 629. Minnesota ...... Construct highway construction between Highway 494 and Carver Co. Rd. 147 ...... 4.000 630. California ...... Construct improvements to Harry Bridges Blvd., Los Angeles ...... 9.100 631. California ...... Extend Route 46 expressway in San Luis Obispo Co...... 8.000 632. Michigan ...... Upgrade M–84 connector between Tittabawasee Rd. and M–13, Bay and Saginaw Counties 16.180 633. California ...... Construct I–380 connector between Sneath Lane and San Bruno Ave., San Bruno ...... 2.800 634. Maryland ...... Reconstruct segment of Baltimore Beltway between U.S. 1 and I–70 ...... 9.000 635. Ohio ...... Construct interchange at SR 11 and King Graves Rd. in Trumball Co...... 4.800 636. Tennessee ...... Construct Franklin Road interchange and bypass ...... 2.000 637. Arkansas ...... Construct access routes between interstate highway, industrial park and Slackwater Har- bor, Little Rock ...... 1.000 638. California ...... Upgrade I–880, Alameda ...... 10.000 639. Maine ...... Upgrade Route 11 ...... 4.000 640. Minnesota ...... Upgrade 77th St. between I–35W and 24th Ave. to four lanes in Richfield ...... 22.800 641. Rhode Island ...... Reconstruct Pawtucket Ave. and Wilcott St., Pawtucket ...... 1.500 642. Ohio ...... Construct grade separations at Fitch Road in Olmsted Falls ...... 5.000 643. New Jersey ...... Upgrade Market St./Essex St. and Rochelle Ave./Main St. to facilitate access to Routes 17 and 80, Bergen Co...... 5.000 644. Alabama ...... Construct improvements to Ensley Avenue between 20th St. and Warrior Rd., Birmingham 1.000 645. California ...... Seismic retrofit of Golden Gate Bridge ...... 2.000 646. Illinois ...... Extend Rogers Street to mitigate congestion, Waterloo ...... 1.900 647. Massachusetts ...... Construct I–95/I–93 interchange, Boston ...... 5.000 648. Minnesota ...... Upgrade TH 13 between TH 77 and I–494 ...... 2.000 649. Indiana ...... Upgrade Ridge Road between Griffith and Highland ...... 4.400 650. California ...... Construct bikeways, Santa Maria ...... 0.512 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1941 [Dollars in Millions]

651. Pennsylvania ...... Upgrade PA 61 between PA 895 and SR 2014, Schuylkill Co...... 8.000 652. Pennsylvania ...... Construct road connector and bridge over Allegheny River to link New Kensington with Allegheny Valley Expressway ...... 5.000 653. Alabama ...... Replace pedestrian bridges at Village Creek and Valley Creek, Birmingham ...... 0.100 654. Arkansas ...... Upgrade U.S. 65 in Faulkner and Van Buren Counties ...... 4.000 655. Illinois ...... Reconstruct U.S. 6, Harvey ...... 1.660 656. Texas ...... Construct improvements along US 69 including frontage roads, Jefferson Co...... 7.680 657. North Carolina ...... Relocate US 1 from north of Lakeview to SR 1180, Moore and Lee Counties ...... 7.300 658. Massachusetts ...... Reconstruct Bates Bridge over Merrimack River ...... 4.000 659. Oregon ...... Design and engineering for Newberg-Dundee Bypass ...... 0.500 660. Massachusetts ...... Construct Packets Landing Enhancement and Restoration Project, Town of Yarmouth ..... 1.000 661. Massachusetts ...... Construct roadway improvements on Crosby Drive and Middlesex Turnpike, Beford, Bur- lington and Billerica ...... 7.717 662. Tennessee ...... Construct SR22 Bypass, Obion Co...... 10.000 663. Indiana ...... Reconstruct US Rt. 231 between junction of State Road 66 to Dubois Co. line ...... 4.500 664. Massachusetts ...... Upgrade Lowell Street between Woburn Street and Route 38, Town of Wilmington ...... 1.440 665. New York ...... Redesign Grand Concourse to enhance traffic flow and related enhancements between E. 161st St. and Fordham Rd., New York City ...... 13.000 666. Massachusetts ...... Upgrade Spring St. between Bank and Latham Streets, Williamstown ...... 2.000 667. Massachusetts ...... Construct bikeway between Blackstone and Worcester ...... 8.000 668. Indiana ...... Repair signal wires, grade-crossing warning devices and other safety protections along South Shore Railroad between Gary and Michigan City ...... 0.700 669. Hawaii ...... Upgrade Puuloa Road between Kamehameha Highway and Salt Lake Blvd...... 9.000 670. California ...... Upgrade call boxes throughout Santa Barbara County ...... 1.500 671. Missouri ...... Upgrade Route 6 between I–29 and Route AC, St. Joseph ...... 5.000 672. Tennessee ...... Upgrade Briley Parkway between McGavock Pike and I–65 ...... 9.000 673. Wisconsin ...... Upgrade Highway 151 between Platteville and Dubuque ...... 8.000 674. Michigan ...... Construct Detroit Metropolitan/Wayne County South Access Road ...... 20.000 675. Missouri ...... Upgrade Route 36 between Hamilton and Chillicothe ...... 20.000 676. Pennsylvania ...... Extend Martin Luther King Busway, Alleghany Co...... 2.200 677. Illinois ...... Study upgrading Illinois 13/127 between Murphysboro and Pinckneyville ...... 2.100 678. Pennsylvania ...... Construct access to site of former Philadelphia Naval Shipyard and Base, Philadelphia .... 2.000 679. California ...... Construct extension of State Route 180 between Rt. 99 and the Hughes/West Diagonal ...... 8.000 680. Iowa ...... Construct overpass to eliminate railroad crossing in Burlington ...... 3.475 681. West Virginia ...... Construct Riverside Expressway, Fairmont ...... 36.000 682. Massachusetts ...... Construct South Weymouth Naval Air Station Connectivity Improvements ...... 16.300 683. Ohio ...... Construct Eastern US Rt. 23 bypass of Portsmouth ...... 5.000 684. Texas ...... Construct highway-rail-marine intermodal project, Corpus Christi ...... 11.000 685. Illinois ...... Construct Central Ave.-Narragansett Ave. connector, Chicago ...... 8.700 686. Massachusetts ...... Preliminary design of Route 2 connector to downtown Fitchburg ...... 2.000 687. Connecticut ...... Implement Trinity College Area road improvements, Hartford ...... 6.810 688. New Jersey ...... Construct Collingswood Circle eliminator, Camen ...... 8.000 689. Virginia ...... Upgrade Virginia Route 10, Surrey Co...... 1.000 690. Alabama ...... Construct repairs to viaducts connecting downtown and midtown areas, Birmingham ...... 0.600 691. Connecticut ...... Replace Windham Road bridge, Windham ...... 2.000 692. Maine ...... Implement rural ITS ...... 0.250 693. Tennessee ...... Construct SR22 Bypass, Obion Co...... 10.000 694. Ohio ...... Construct Black River intermodal transportation center ...... 5.600 695. California ...... Construct the South Central Los Angeles Exposition Park Intermodal Urban Access Project in Los Angeles ...... 26.000 696. Georgia ...... Upgrade I–75 between the Crisp/Dooly Co. line to the Florida State line ...... 11.000 697. California ...... Construct bicycle paths as part of regional system, Agoura Hills ...... 0.100 698. Massachusetts ...... Construct bicycle and pedestrian facility (The Riverwalk), Peabody ...... 1.440 699. California ...... Construct I–5 rail grade crossings between I–605 and State Route 91, Los Angeles and Or- ange Counties ...... 20.120 700. California ...... Construct tunnel with approaches as part of Devils Slide project in San Mateo Co...... 8.000 701. Texas ...... Construct US Highway 59 railroad crossing overpass in Texarkana ...... 3.500 702. South Carolina ...... Construct improvements to I–95/SC 38 interchange ...... 9.000 703. Texas ...... Construct Cleveland Bypass ...... 13.500 704. Illinois ...... Rehabilitate WPA Streets in Chicago ...... 4.700 705. California ...... Implement ITS technologies in Employment Center area of City of El Segundo ...... 3.550 706. California ...... Construct grade-separated bicycle path along Los Angeles River between Fulton Ave. to the vicinity of Sepulveda Blvd. and the Sepulveda Basin Recreation Area, Los Angeles .. 1.600 707. Michigan ...... Replace Barton Rd./M–14 interchange, Ann Arbor ...... 1.000 708. Missouri ...... Upgrade Mo. Rt. 150, Jackson Co...... 3.000 709. Michigan ...... Construct M–24 Corridor from I–69 to southern Lapeer County ...... 4.000 710. Virginia ...... Upgrade Route 58 from Stuart up Lovers’ Leap Mountain towards Carroll Co...... 7.000 711. Massachusetts ...... Implement Cape and Islands Rural Roads Initiative, Cape Cod ...... 0.500 712. New York ...... Rehabilitate Broadway Bridge, New York City ...... 1.470 713. Massachusetts ...... Implement Phase II of unified signage system, Essex Co...... 0.391 714. Arizona ...... Design, engineering and ROW acquisition for Area Service Highway, Yuma ...... 1.000 715. Alabama ...... Construct Decatur Southern Bypass ...... 2.000 716. California ...... Construct new I–95 interchange with Highway 99W, Tehama Co...... 2.200 717. New York ...... Study transportation improvements for segments of Hutchinson River Parkway and New England Thruway which pass through the Northeast Bronx ...... 0.750 718. California ...... Construct Alameda Corridor East, San Gabriel Valley ...... 2.940 719. Massachusetts ...... Reconstruct Pleasant Street-River Terrace, Holyoke ...... 1.600 720. Mississippi ...... Upgrade Alva-Stage Rd., Montgomery Co...... 1.500 721. New York ...... Upgrade Frederick Douglas Circle, New York City ...... 14.650 722. West Virginia ...... Construct New River Parkway ...... 6.000 723. Illinois ...... Upgrade Wood Street between Little Calumet River to 171st St., Dixmore, Harvey, Mark- ham, Hazel Crest ...... 0.990 724. Michigan ...... Improve Hoban Road and Grand Avenue, City of Mackinac Island ...... 1.120 725. Oregon ...... Construct South Rivergate rail overcrossing in Portland ...... 13.000 H1942 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

726. Mississippi ...... Upgrade West County Line Road, City of Jackson ...... 11.000 727. Massachusetts ...... Implement directional signage program between Worcester CBD and regional airport ...... 0.600 728. California ...... Upgrade D Street between Grand and Second Streets, Hayward ...... 1.200 729. Pennsylvania ...... Construction of noise barriers along State Route 28, Aspinwall ...... 0.800 730. Michigan ...... Upgrade Tittabawasee Road between Mackinaw Road and Midland Road, Saginaw Co. ... 4.000 731. South Carolina ...... Construct North Charleston Regional Intermodal Center ...... 4.500 732. Ohio ...... Upgrade SR 7 (Eastern Ave.) to improve traffic flow into Gallipolis, Gallia Co...... 2.000 733. California ...... Modify HOV lanes, Marin Co...... 7.000 734. Minnesota ...... Construct Highway 210 trail/underpass, Brainerd/Baxter ...... 0.640 735. Pennsylvania ...... Design, engineer, ROW acquisition and construct the Wilkes-Barre/Scranton International Airport Access Road between Route 315 and the airport ...... 2.000 736. Tennessee ...... Construct greenway and bicycle path corridor, City of White House ...... 3.800 737. Texas ...... Upgrade Highway 271 between Paris and Pattonville ...... 2.000 738. North Carolina ...... Upgrade NC 48 in Halifax and Northampton Counties ...... 1.500 739. Connecticut ...... Revise interchange ramp on to Route 72 northbound from I–84 East in Plainville, Con- necticut ...... 3.750 740. California ...... Improve Mission Boulevard in San Bernardino, California ...... 8.500 741. Ohio ...... Widen and reconstruct State Route 82 from Lorain/Cuyahoga County line to l.R. 77...... 8.000 742. Tennessee ...... Widen US–321 from Kinzel Springs to Wean Valley Road ...... 9.100 743. New Hampshire ...... Construct Orford Bridge ...... 3.400 744. Oklahoma ...... Reconstruct US–70 in Marshall and Bryan Counties ...... 0.200 745. Washington ...... Widen SR522 from SR–9 to Paradise Lake Road ...... 4.000 746. New York ...... Improve Cross Westchester Expressway ...... 1.000 747. Pennsylvania ...... Improve US 22/Canoe Creek Blair County ...... 2.000 748. Missouri ...... Upgrade US–60 in Carter County, Missouri...... 27.000 749. Ohio ...... Relocate State Route 60 from Zanesville to Dresden, Muskingum County ...... 1.500 750. Pennsylvania ...... Construct PA 16 Truck climbing lane in Franklin County ...... 1.000 751. Indiana ...... Conduct railroad relocation study in Muncie ...... 0.060 752. Pennsylvania ...... Construct highway-transit transfer facility in Lemoyne ...... 2.000 753. Georgia ...... Construct surface transportation facilities along Atlanta-Griffin-Macon corridor ...... 39.000 754. Louisiana ...... Improve US–165 from Alexandria to Monroe ...... 40.000 755. Ohio ...... Upgrade US–30 from Wooster to Riceland ...... 15.000 756. Washington ...... Construct Edmonds Crossing Multi-modal transportation project in Edmonds, Washing- ton...... 5.000 757. Indiana ...... Remove and replace Walnut Street in Muncie ...... 2.140 758. Pennsylvania ...... Improve South Central Business Park in Fulton County ...... 1.000 759. Pennsylvania ...... Construct exit ramp on I–180 at State Route 2049 in Williamsport ...... 10.500 760. Washington ...... Construct pedestrian access and safety on Deception Pass Bridge, Deception Pass State Park, Washington ...... 1.000 761. Illinois ...... Improve and construct grade separation on Cockrell Lane in Springfield ...... 2.400 762. Virginia ...... Construct the Kemper Street Station connector road in Lynchburg ...... 2.000 763. Oklahoma ...... Reconstruct and widen I–40 Crosstown Bridge and Realignment in downtown Oklahoma City, including demolition of the existing bridge, vehicle approach roads, interchanges, intersections, signalization and supporting structures between I–35 and I–44...... 97.050 764. New Mexico ...... Improve I–25 at Raton Pass ...... 10.000 765. California ...... Reconstruct La Loma Bridge in Pasadena ...... 3.000 766. New York ...... Conduct traffic calming study on National Scenic Byway Route 5 in Hamburg ...... 0.100 767. Pennsylvania ...... Improve PA–8 between Cherry Tree and Rynd Farm ...... 6.400 768. Alabama ...... Construct Historic Whistler Bike Trail in Prichard, Alabama ...... 0.670 770. Alaska ...... Construct capital improvement to the Alaska Marine Highway and related facilities: $6,000,000 for Seward, $3,000,000 for Ketchikan and $3,000,000 for Hollis ...... 12.000 771. Connecticut ...... Rehabilitate Route 202 bridge in New Milford, Connecticut ...... 2.700 772. Wisconsin ...... Construct U.S. Highway 10, Freemont to Appleton ...... 4.000 773. Texas ...... Conduct major investment study for Outer Loop freeway extension between I–35 West at State Highway 170 and State Highway 199 in Tarrant County ...... 0.500 774. Pennsylvania ...... Reconfigure US–13/Pennsylvania Turnpike interchange ...... 2.230 775. Washington ...... Construct Washington Pass visitor facilities on North Cascades Highway ...... 1.200 776. Washington ...... Improve Huntington Avenue South in Castle Rock ...... 0.750 777. California ...... Construct Centennial Transportation Corridor ...... 21.000 778. Kentucky ...... Extend Hurstbourne Parkway from Bardstown Road to Fern Valley Road ...... 8.560 779. Pennsylvania ...... Eliminate 16 at-grade rail crossings through Erie ...... 8.000 780. California ...... Construct Cabot-Camino Capistrano Bridge project in Southern Orange County ...... 2.000 781. Utah ...... Widen 106th South from I–15 to Bangerter Highway in South Jordan ...... 5.000 782. Ohio ...... Upgrade 11 warning devices on the rail north/south line from Toledo to Deshler ...... 1.100 783. Washington ...... Construct Port of Kalama River Bridge ...... 0.900 784. California ...... Improve Folsom Boulevard—Highway 50 in the city of Folsom ...... 4.000 785. New Hampshire ...... Construct the Broad Street Parkway in Nashua ...... 16.300 786. New York ...... Construct County Road 93 between NYS 27 and NYS 454...... 0.515 787. Washington ...... Improve Clinton Ferry Terminal in Clinton ...... 7.750 788. Illinois ...... Construct Riverfront pedestrian walkway in Peoria ...... 0.050 789. Colorado ...... Construct alternative truck route in Montrose ...... 5.600 790. New York ...... I–87 Noise Abatement Program ...... 10.000 791. New Jersey ...... Construct Toms River bridge project connecting Dover and South Toms River Borough ..... 3.000 792. California ...... Install SiliconValley Smart Corridor project along the I–880 corridor ...... 4.860 793. Illinois ...... Construct Veterans Parkway from Eastland Drive to Commerce Parkway in Bloomington 11.040 794. Pennsylvania ...... Construct Drexel University Infrastructure Research Facility roadway improvements ...... 1.000 795. New Jersey ...... Widen Route 1 from Pierson Avenue to Inman Avenue in Middlesex County ...... 7.000 796. Michigan ...... Construct US–131 Cadillac Bypass project ...... 5.000 797. New Hampshire ...... Reconstruct US–3 Carroll town line 2.1 miles north ...... 2.000 798. Texas ...... Upgrade State Highway 35 Houston District Brazoria County ...... 12.000 799. Tennessee ...... Construct US–27 from State Road 61 to Morgan County line ...... 5.500 800. Pennsylvania ...... Install citywide signalization (SAMI) project in Lebanon ...... 1.000 801. Maryland ...... Upgrade US–113 north of US–50 to MD–589 in Worcester County, Maryland ...... 24.000 802. Louisiana ...... Construct Florida Expressway in St. Bernard and Orleans Parishes ...... 0.200 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1943 [Dollars in Millions]

803. Colorado ...... Construct I–25 truck lane from Lincoln Avenue to Castle Pines Parkway in Douglas Coun- ty ...... 3.000 804. Oklahoma ...... Conduct study of Highway 3 in McCurtain, Pushmataha and Atoka Counties...... 0.300 805. Texas ...... Reconstruct intermodal connectors on Highway 78 and Highway 544 in Wylie ...... 10.000 806. Georgia ...... Construct noise barriers on the westside of I–185 between Macon Road and Airport Thruway and on I–75 between Mt. Zion Road and Old Dixie Highway in the Atlanta area ...... 1.000 807. Arkansas ...... Construct the Ashdown Bypass/Overpass in Ashdown ...... 5.000 808. Illinois ...... Constuct Peoria City River Center parking facility in Peoria ...... 4.000 809. Arkansas ...... Study and construct a multi-modal facility Russellville, Arkansas...... 1.000 810. Washington ...... Design and implement report and environmental study of the I–5 corridor in Everett, Washington ...... 1.000 811. Pennsylvania ...... Construct Newton Hamilton SR 3021 over Juniata River in Mifflin County ...... 2.000 812. Texas ...... Widen State Highway 6 from from Senior Road to FM521 ...... 12.100 813. South Dakota ...... Construct Eastern Dakota Expressway (Phase I) ...... 15.790 814. Kentucky ...... Construct necessary connections for the Taylor Southgate Bridge in Newport and the Clay Wade Bailey Bridge in Covington ...... 9.500 815. Washington ...... Construct traffic signals on US–2 at Olds Owens Road and 5th Street in Sultan, Washing- ton...... 0.257 816. Minnesota ...... Widen Trunk Highway 14/52 from 75th Street, NW to Trunk Highway 63 in Rochester ...... 13.000 817. New Jersey ...... Improve Old York Road/Rising Run Road intersection in Burlington ...... 6.640 818. Pennsylvania ...... Construct I–81 noise abatement program in Dauphin County ...... 0.640 819. Alabama ...... Construct Crepe Myrtle Trail near Mobile, Alabama ...... 1.600 820. California ...... Construct SR–78/Rancho Del Oro interchange in Oceanside ...... 5.000 821. New Jersey ...... Improve grade separations on the Garden State Parkway in Cape May County, New Jer- sey...... 14.000 822. Pennsylvania ...... Construct Western Innerloop from PA–26 to State Route 3014 ...... 3.600 823. Kansas ...... Widen US–169 in Miami County ...... 13.500 824. New Hampshire ...... Construct Hindsale Bridge ...... 3.000 825. Washington ...... Construct I–5 interchanges in Lewis County ...... 6.650 826. Georgia ...... Widen Georgia Route 6/US–278 in Polk County ...... 10.888 827. Pennsylvania ...... Improve access and interchange from I–95 to the international terminal at Philadelphia International Airport ...... 5.000 828. Pennsylvania ...... Construct rail mitigation and improvement projects from Philadelphia to New Jersey Line 12.800 829. Nevada ...... Extend I–580 in Washie and Douglas Counties ...... 5.000 830. Georgia ...... Resurface Davis Drive, Green Street, and North Houston Road in Warner Robins ...... 0.400 831. Oregon ...... Repair Port of Hood River Bridge Lift Span project ...... 23.500 832. New York ...... Improve access to I–84/Dutchess intermodal facility in Dutchess County ...... 3.000 833. Georgia ...... Conduct a study of an interstate multimodal transportation corridor from Atlanta to Chattanooga ...... 5.000 834. Nebraska ...... Corridor study for Louisville South bypass from State Highway 66 to State Highway 50 .... 0.100 835. Michigan ...... Conduct feasibility study on widening US–12 to three lanes between US–127 and Michigan Highway 50...... 0.250 836. Kentucky ...... Correct rock hazard on US–127 in Russell County ...... 0.035 837. New York ...... Construct new exit 46A on I–90 at Route 170 in North Chili ...... 10.000 838. California ...... Construct parking lot, pedestrian bridge and related improvements to improve intermodal transportation in Yorba Linda ...... 3.800 839. Missouri ...... Construct US–412 corridor from Kennett to Hayti, Missouri...... 8.000 840. Florida ...... ITS improvements on US–19 in Pasco County ...... 2.000 841. Florida ...... Construct I–4 reversible safety lane in Orlando ...... 14.000 842. Connecticut ...... Improve and realign Route 8 in Winchester ...... 2.020 843. Louisiana ...... Construct State Highway 3241/State Highway 1088/I–12 interchange in St. Tammany Par- ish, Louisiana...... 10.000 844. Nebraska ...... Corridor study for Plattsmouth Bridge area to US–75 and Horning Road ...... 0.350 845. Michigan ...... Construct US–131 Business route/industrial connector in Kalamazoo ...... 2.000 846. Michigan ...... Reconstruct I–94 between Michigan Route 14 and US–23 ...... 14.750 847. California ...... Ontario International Airport ground access program ...... 10.500 848. Texas ...... Construct the George H.W. Bush Presidential Corridor from Bryan to east to I–45 ...... 10.000 849. Virginia ...... Construct I–73 from Roanoke to the North Carolina border ...... 8.500 850. Louisiana ...... Kerner’s Ferry Bridge Replacement project ...... 1.000 851. Washington ...... Widen SR–522 in Snohomish County: $3,650,000 for phase 1 from SR–9 to Lake Road; $1,500,000 to construct segment from Paradise Lake Road to Snohomish River Bridge ..... 5.200 852. California ...... Plan and design interchange between I–15 and Sante Fe Road in Barstow, California...... 4.000 853. California ...... Upgrade Ft. Irwin Road from I–15 to Fort Irwin ...... 1.500 854. Nebraska ...... Construct bridge in Newcastle ...... 4.000 855. Indiana ...... Conduct rail-highway feasibility project study in Muncie ...... 0.100 856. New Jersey ...... Replace the Ocean City-Longport bridge in Cape May County, New Jersey...... 26.000 857. Kentucky ...... Construct a segment of the I–66 corridor from Somerset to I–75 ...... 10.000 858. Ohio ...... Improve and widen SR–45 from North of the I–90 interchange to North Bend Road in Ash- tabula County, Ohio ...... 7.920 859. Illinois ...... Construct I–88 interchange at Peace Road in Dekalb ...... 4.300 860. Virginia ...... Widen Route 123 from Prince William County line to State Route 645 in Fairfax County, Virginia...... 10.000 861. Pennsylvania ...... Widen and improve Route 449 in Potter County ...... 1.000 862. Ohio ...... Conduct feasibility study for inclusion of US–22 as part of the Interstate System ...... 0.100 863. New Hampshire ...... Improve the Bridge Street bridge in Plymouth ...... 1.000 864. Louisiana ...... Conduct a feasibility and design study of Louisiana Highway 30 between Louisiana High- way 44 and I–10 ...... 2.000 865. Louisiana ...... Construct I–610 noise and safety barrier in the Lake View section of New Orleans, Louisi- ana...... 1.000 866. New York ...... Conduct North Road Corridor study in Oswego County ...... 1.500 867. Kansas ...... Construct Diamond interchange at Antioch and I–435 ...... 8.400 868. Iowa ...... Reconstruct I–235 in Polk County ...... 6.900 869. Florida ...... Construct Port of Palm Beach road access improvements, Palm Beach County, Florida. .... 21.000 H1944 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

870. Tennessee ...... Improve the Elizabethon Connector from US–312 to US–19 East ...... 8.450 871. California ...... Stabilize US–101 at Wilson Creek ...... 1.000 872. Michigan ...... Improve the I–73 corridor in Jackson and Lenawee Counties ...... 5.000 873. Arkansas ...... Improve Arkansas State Highway 59 from Rena Road to Old Uniontown Road in Van Buren ...... 2.500 874. Illinois ...... Construct Richton Road, Crete ...... 2.000 875. Ohio ...... Widen Licking-SR–79–06.65 (PID 8314) in Licking County ...... 9.400 876. New York ...... Improve and reconstruct Commerce Street in York Town ...... 0.280 877. Arkansas ...... Construct Highway 371 from Magnolia to Prescott ...... 3.000 878. Arkansas ...... Construct Highway 82 from Hamburg to Montrose ...... 7.000 879. California ...... Improve SR–91/Green River Road interchange ...... 6.500 880. California ...... Widen and improve I–5/State Route 126 interchange in Valencia ...... 13.900 881. Pennsylvania ...... Construct US–30 Bypass from Exton Bypass to PA–10 ...... 4.400 882. Illinois ...... Replace State Route 47 Bridge in Morris ...... 19.000 883. New York ...... Construct County Road 67 at Long Island Expressway Exit 57 between County Road 17 and ...... 0.700 884. California ...... Construct I–15/Barton Road West/Anderson Street connection ...... 5.000 885. New York ...... Reconstruct Route 9 in Plattsburgh ...... 3.354 886. Illinois ...... Engineering for Peoria to Chicago expressway ...... 5.000 887. Louisiana ...... Construct Hourma-Thibodaux to I–10 connector from Gramercy to Hourma ...... 3.100 888. Washington ...... Construct Peace Arch Crossing of Entry (PACE) lane in Blaine ...... 4.900 889. Florida ...... Purchase and install I–275 traffic management system in Pinellas County, Florida...... 1.000 890. Mississippi ...... Construct I–55 connectors to US–51 in Madison, Mississippi...... 3.000 891. Alabama ...... Construct Anniston Eastern Bypass from I–20 to Fort McClellan in Calhoun County ...... 44.600 892. Connecticut ...... Realign and extend Hart Street in New Britain ...... 4.000 893. Texas ...... Construct Spur 10 from SH–36 to US–59 ...... 4.000 894. Wisconsin ...... Construct U.S. Highway 151 Fond du Lac Bypass ...... 30.000 895. Ohio ...... Grade separation project at Snow Road Brook Park ...... 3.000 896. Nebraska ...... Conduct corridor study from Wayne to Vermillion-Newcastle bridge ...... 0.550 897. Pennsylvania ...... Construct Erie Eastside Connector ...... 21.600 898. New York ...... Reconstruct County Route 24 in Franklin County ...... 2.473 899. Pennsylvania ...... Construct SR–3019 over Great Trough Creek in Huntingdon County ...... 0.500 900. California ...... Construct Tulare County roads in Tulare County ...... 9.000 901. Pennsylvania ...... Widen PA–228 from Criders Corners to State Route 3015 ...... 1.200 902. South Carolina ...... Three River Greenway Project to and from Gervals Street in Columbia ...... 5.000 903. Washington ...... Construct State Route 305 corridor improvements in Poulsbo, Washington...... 3.500 904. Pennsylvania ...... Improve Lewistown Narrows US–322 in Mifflin and Juniata County ...... 1.000 905. Nevada ...... Construct the US–395 Carson City Bypass ...... 5.000 906. Illinois ...... Reconstruct I–74 through Peoria ...... 12.865 907. Florida ...... Widen Gunn Highway between Erlich Road and South Mobley Road in Hillsborough County ...... 2.000 908. New York ...... Construct intermodal transportation hub in Patchogue ...... 2.500 909. New York ...... Upgrade and relocate Utica-Rome Expressway in Oneida, County New York...... 20.000 910. Georgia ...... Conduct a study of a multimodal transportation corridor from Lawrenceville to Marietta .. 2.400 911. Georgia ...... I–75 advanced transportation management system in Cobb County ...... 1.700 912. New Hampshire ...... Berlin Heritage Project from the Everett turnpike to Hudson in Berlin County ...... 0.050 913. Alabama ...... Engineering, right-of-way acquisition and construction of the Birmingham Northern Belt- line in Jefferson County ...... 20.000 914. Florida ...... Replace St. Johns River Bridge in Volusia and Seminole Counties ...... 14.000 915. Maryland ...... Improve Halfway Boulevard east and west of Exit 5, I–81 in Washington County ...... 4.000 916. Georgia ...... Construct Harry S. Truman Parkway ...... 3.550 917. Pennsylvania ...... Reconstruct the I–81 Davis Street interchange in Lackawanna ...... 8.000 918. Illinois ...... Widen 143rd Street in Orland Park ...... 8.000 919. Pennsylvania ...... Conduct study of Ft. Washington transportation improvements, Upper Dublin, PA...... 0.500 920. Kansas ...... Construct grade separations on US–36 and US–77 in Marysville, Kansas...... 4.200 921. Ohio ...... Relocate Harrison/Belmont US–250 ...... 6.000 922. Arkansas ...... Widen 28th Street and related improvements in Van Buren, Arkansas ...... 1.000 923. Tennessee ...... Improve County Road 374 in Montgomery County ...... 5.000 924. Virginia ...... Conduct feasibility study for the construction I–66 from Lynchburg to the West Virginia border ...... 0.500 925. Florida ...... Expand Palm Valley Bridge in St. Johns County ...... 3.100 926. Michigan ...... Construct M–6 Grand Rapids South Beltline in Grand Rapids, Michigan...... 28.720 927. Pennsylvania ...... Reconstruct PA–309 in Eastern Montgomery with $4,000,000 for noise abatement ...... 17.400 928. Colorado ...... Reconstruct I–225/Iliff Avenue interchange in Aurora ...... 5.500 929. California ...... Widen US–101 from Windsor to Arata Interchange ...... 1.600 930. New Jersey ...... Design and construction Belford Ferry Terminal in Belford, New Jersey...... 4.600 931. Louisiana ...... Construct East-West Corridor project in Southwest Louisiana ...... 1.000 932. Kentucky ...... Construct US–127 Jamestown Bypass ...... 5.800 933. Kentucky ...... Conduct feasibility study for Northern Kentucky High Priority Corridor (I–74) ...... 0.500 934. Utah ...... Improve 5600 West Highway from 2100 South to 4100 South in West Valley City ...... 5.000 935. Arkansas ...... Construct US–270 East-West Arterial in Hot Springs ...... 9.000 936. New York ...... Improve Route 31 from Baldwinsville to County Route 57 ...... 11.750 937. Arkansas ...... Widen West Phoenix Avenue and related improvements in Fort Smith, Arkansas...... 8.000 938. Arkansas ...... Improve Arkansas State Highway 12 from US–71 at Rainbow Curve to Northwest Arkansas Regional Airport ...... 0.500 939. Texas ...... Widen State Highway 35 from SH288 in Angleton to FM521 ...... 6.900 940. Louisiana ...... Congestion mitigation and safety improvements to the Central thruway in Baton Rouge ... 3.000 941. North Carolina ...... Widen North Carolina Route 24 from Swansboro to US–70 in Onslow and Carteret Coun- ties ...... 4.000 942. North Carolina ...... Construct US–13 from the Wilson the US–264 Bypass to Goldsboro in Wayne and Wilson Counties ...... 4.500 943. Michigan ...... Construct Bridge Street bridge project in Southfield ...... 4.200 944. Connecticut ...... Improve Route 7 utility and landscaping in New Milford ...... 7.200 945. Pennsylvania ...... Construct access improvements between exits 56 and 57 off I–81 in Lackawanna ...... 1.700 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1945 [Dollars in Millions]

946. New Jersey ...... Construct grade separation of Route 35 and Tinton falls and extend Shrewsbury Avenue in Monmouth ...... 5.000 947. Washington ...... Improve I–5/196th Street, Southwest Freeway interchange in Lynnwood, Washington...... 4.500 948. Tennessee ...... Extend Pellissippi Parkway from State Route 33 to State Route 321 in Blount County ...... 11.800 949. New York ...... Improve Route 281 in Cortland ...... 9.000 950. California ...... Construct I–15 Galinas interchange in Riverside County ...... 8.500 951. New Hampshire ...... Construct the Keene bypass ...... 6.150 952. Illinois ...... Design and construct US–67 corridor from Jacksonville to Beardstown ...... 10.000 953. Virginia ...... Conduct Williamsburg 2007 transportation study ...... 0.325 954. Mississippi ...... Widen US–84 from I–55 at Brookhaven to US–49 at Collins ...... 1.250 955. New York ...... Reconstruct Jackson Avenue in New Windsor, Orange County ...... 2.624 956. Texas ...... Widen State Highway 6 from FM521 to Brazoria County line and construct railroad over- pass ...... 12.200 957. Tennessee ...... Reconstruct road and causeway in Shiloh Military Park in Hardin County ...... 15.000 958. Florida ...... Pedestrian safety initiative on US–19 in Pinellas County ...... 6.800 959. Washington ...... Improve primary truck access route on East Marine View Drive, FAST corridor in Wash- ington ...... 4.900 960. Florida ...... Construct Wonderwood Connector from Mayport to Arlington, Duval County, Florida...... 38.000 961. California ...... Improve the Avenue H overpass in Lancaster County ...... 6.100 962. Pennsylvania ...... Improve safety on PA–41 from US–30 to PA–926 ...... 6.000 963. New Jersey ...... Consrtuct Route 29/129 bicycle, pedestrian and landscape improvement plan ...... 5.500 964. Idaho ...... Construct critical interchanges and grade-crossings on US–20 between Idaho Falls and Chester ...... 10.000 965. Louisiana ...... Expand Perkins Road in Baton Rouge ...... 10.000 966. Pennsylvania ...... Widen US 30 from Walker Rd to Fayetteville in Franklin County ...... 2.000 967. Wyoming ...... Construct Jackson-Teton Pathway in Teton County ...... 1.830 968. Utah ...... Widen 7200 South in Midvale ...... 1.100 969. Washington ...... Conduct feasibility study of State Route 35 Hood River bridge in White Salmon ...... 1.000 970. Arkansas ...... Upgrade US Route 412, Harrison to Mountain Home, Arkansas ...... 3.550 971. Nevada ...... Canamex Corridor Innovative Urban Renovation project in Henderson ...... 12.000 972. Georgia ...... Construct Athens to Atlanta Transportation Corridor ...... 8.000 973. California ...... Widen State Route 29 between Route 281 and Route 175 ...... 0.500 974. California ...... Upgrade US–101 from Eureka to Arcata ...... 1.000 975. Louisiana ...... Expand Harding Road from Scenic Highway to the Mississippi River and construct an in- formation center ...... 3.600 976. Indiana ...... Improve Southwest Highway from Bloomington to Evansville ...... 30.000 977. Pennsylvania ...... Construct Route 72 overpass at Conrail in Lebanon ...... 8.810 978. Indiana ...... Construct Hazel Dell Parkway from 96th Street to 146th Street in Carmel ...... 5.500 979. New Jersey ...... Replace Calhoun Street Bridge in Trenton ...... 1.300 980. Utah ...... Reconstruct US–89 and interchange at 200 North in Kaysville ...... 7.000 981. California ...... Construct Nogales Street at Railroad Street grade separation in Los Angeles County, Cali- fornia...... 4.500 982. Pennsylvania ...... Improve Bedford County Business Park Rd in Bedford County ...... 2.000 983. Utah ...... Extend Main Street from 5600 South to Vine Street in Murray ...... 11.500 984. Pennsylvania ...... Construct US–30 at PA–772 and PA–41 ...... 6.000 985. Illinois ...... Improve Sugar Grove US30 ...... 2.500 986. California ...... Improve Route 99/Route 120 interchange in Manteca County ...... 8.000 987. Pennsylvania ...... Widen US–11/15 between Mt. Patrick and McKees Half Falls in Perry County ...... 5.000 988. Ohio ...... Add lanes and improve intersections on Route 20 in Lake County, Ohio ...... 2.000 989. Pennsylvania ...... Construct PA–283 North Union Street ramps in Dauphin County ...... 2.450 990. California ...... Improve and construct I–80 reliever route project; Walters Road and Walters Road Exten- sion Segments ...... 7.400 991. Alabama ...... Expand US–278 in Cullman County ...... 6.000 992. Ohio ...... Construct Chagrin River/Gulley Brook corridor scenic greenway along I–90 in Lake Coun- ty ...... 1.545 993. Oregon ...... Construct phase I: highway 99 to Biddle Road of the highway 62 corridor solutions project...... 1.500 994. New York ...... Renovate State Route 9 in Phillipstown ...... 3.840 995. Arkansas ...... Enhance area in the vicinity of Dickson Street in Fayetteville ...... 1.500 996. Missouri ...... Construction US–67/Route 60 interchange in Poplar Bluff, Missouri...... 8.000 997. Kansas ...... Widen US–81 from Minneapolis, Kansas to Nebraska...... 27.800 998. California ...... Widen US–101 from Petaluma Bridge to Novato ...... 33.000 999. Alabama ...... Construct new I–10 bridge over the Mobile River in Mobile, Alabama...... 14.375 1000. Mississippi ...... Upgrade and widen US–49 in Rankin, Simpson, and Covington Counties ...... 1.250 1001. California ...... Realign and improve California Route 79 in Riverside County ...... 6.000 1002. New Jersey ...... Construct East Windsor Bear Brook pathway system ...... 0.360 1003. New York ...... Construct Hutton Bridge Project ...... 3.000 1004. Ohio ...... Improve State Route 800 in Monroe County ...... 0.500 1005. Pennsylvania ...... Improve PA–41 between Delaware State line and PA–926 ...... 7.600 1006. New York ...... Improve Hiawatha Boulevard and Harrison Street corridors in Syracuse ...... 2.250 1007. Pennsylvania ...... Replace Dellville Bridge in Wheatfield ...... 1.000 1008. Florida ...... Construct I–4/John Young Parkway interchange project in Orlando ...... 13.659 1009. Connecticut ...... Reconstruct Broad Street in New Britain ...... 3.200 1010. Washington ...... Widen US–395 in the vicinity of mile post 170 north of Spokane ...... 10.000 1011. New York ...... Construct NYS Route 27 at intersection of North Monroe Avenue ...... 4.700 1012. New York ...... Reconstruct Route 23/Route 205 intersection in Oneonta ...... 0.850 1013. Alaska ...... Construct Pt. Mackenzie Intermodal Facility ...... 9.000 1014. Maryland ...... Construct phase 1A of the I–70/I–270/US–340 interchange in Frederick County ...... 15.000 1015. Illinois ...... Widen and improve US–34 intechange in Aurora ...... 8.000 1016. Florida ...... A–1–A Beautification project in Daytona, Florida ...... 4.400 1017. Louisiana ...... Construct I–49 interchange at Caddo Port Road in Shreveport ...... 5.600 1018. Tennessee ...... Construct Kingsport Highway in Washington County ...... 2.000 1019. New Hampshire ...... Improve 3 Pisquataqua River Bridges on the New Hampshire—Maine border ...... 2.200 1020. Nebraska ...... Construct the Antelope Valley Overpass in Lincoln ...... 7.500 H1946 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

1021. Pennsylvania ...... Install traffic signal upgrade in Clearfield Borough in Clearfield County ...... 0.500 1022. North Carolina ...... Construct US–311(I–74) from NC–68 to US–29A–70A ...... 30.500 1023. California ...... Design and initiation of long term improvements along Highway 199 in Del Norte County, California ...... 0.500 1024. Virginia ...... Improve Lee Highway Corridor in Fairfax, Virginia...... 1.800 1025. Illinois ...... Improve roads in the Peoria Park District ...... 0.810 1026. California ...... Construct Overland Drive overcrossing in Temecula ...... 5.000 1027. Iowa ...... Construct the Julien Dubuque Bridge over the Mississippi River at Dubuque ...... 28.000 1028. Kentucky ...... Construct highway-rail grade separations along the City Lead in Paducah ...... 1.100 1029. Indiana ...... Safety improvements to McKinley and Riverside Avenues in Muncie ...... 9.100 1030. Pennsylvania ...... Gettysburg comprehensive road improvement study ...... 4.000 1031. Indiana ...... Reconstruct Wheeling Avenue in Muncie ...... 1.600 1032. Indiana ...... Construct Hoosier Heartland from Lafayette to Ft. Wayne ...... 25.000 1033. Louisiana ...... Upgrade and widen I–10 between Williams Boulevard and Tulane Avenue in Jefferson and Orleans Parishes ...... 12.000 1034. Louisiana ...... Construct Metairie Rail Improvements and Relocation project in Jefferson and Orleans Parishes, Louisiana...... 7.000 1035. Wisconsin ...... Construct STH–26/US–41 Interchange in Oshkosh ...... 3.000 1036. Pennsylvania ...... Improve Sidling Hill Curve and Truck Escape in Fulton County ...... 0.500 1037. New York ...... Construct Wellwood Avenue from Freemont Street to Montauk Highway in Lindenhurst ... 1.200 1038. New York ...... Improve ferry infrastructure in Greenport ...... 1.000 1039. Alaska ...... Construct Spruce Creek Bridge in Soldotna ...... 0.350 1040. Alabama ...... Construct East Foley corridor project from Baldwin County Highway 20 to State Highway 59 in Alabama...... 7.000 1041. Louisiana ...... Construct North/South Road/I–10–US–61 connection in the Kenner, Louisiana...... 7.000 1042. Texas ...... Construct FM2234(McHard Road) from SH–35 to Beltway 8 at Monroe Boulevard ...... 6.400 1043. Michigan ...... Construct M–5 Haggerty Connector ...... 3.200 1044. Kentucky ...... Ohio River Major Investment Study Project, Kentucky and Indiana ...... 40.100 1045. Ohio ...... Construct Muskingum–SR–16 ...... 8.000 1046. Ohio ...... Relocate SR–30 for final design of south alternative in Carroll County, Ohio ...... 1.000 1047. Missouri ...... Upgrade US–63 in Howell County, Missouri...... 8.000 1048. California ...... Widen SR–23 between Moorpark and Thousand Oaks ...... 14.000 1049. Connecticut ...... Reconstruct Post Office Town Farm Road in Enfield, Connecticut ...... 1.500 1050. Washington ...... Improve I–90/Sunset Way interchange in Issaquah, WA ...... 19.800 1051. New York ...... Construct Elmira Arterial from Miller to Cedar ...... 3.000 1052. California ...... Construct Imperial Highway grade separation and sound walls at Esperanza Road/ Orangethorpe Avenue in Yorba Linda, California...... 14.500 1053. Wyoming ...... Widen and improve Cody—Yellowstone Highway from the entrance to Yellowstone Na- tional Park to Cody ...... 10.170 1054. Florida ...... West Palm Beach Traffic Calming Project on US–1 and Flagur Drive ...... 15.000 1055. Missouri ...... Construction and upgrade of US–71/I–49 in Newton and McDonald County, Missouri...... 33.303 1056. Virginia ...... Commuter and freight rail congestion and mitigation project over Quantico Creek ...... 10.000 1057. California ...... Complete Citraeado Parkway project in San Diego County ...... 3.000 1058. Tennessee ...... Improve State Route 92 from I–40 to South of Jefferson City ...... 4.550 1059. Washington ...... Redevelop Port of Anacortes waterfront ...... 0.077 1060. Mississippi ...... Widen US–98 from Pike County to Foxworth ...... 1.250 1061. New York ...... Construct US–219 from Route 39 to Route 17 ...... 20.000 1062. Michigan ...... Construct US–27 between St. Johns and Ithaca ...... 8.500 1063. California ...... Construct highway-rail grade separation for Fairway Drive and Union Pacific track ...... 4.215 1064. Tennessee ...... Reconstruct Old Walland Highway bridge over Little River in Townsend ...... 1.680 1065. California ...... Construct I–10 Tippecanoe/Anderson interchange project in Loma Linda and San Bernardino County, California...... 2.000 1066. California ...... Construct State Route 76 in Northern San Diego...... 10.000 1067. Nebraska ...... Construct NE–35 alternative and modified route expressway in Norfolk and Wayne ...... 4.500 1068. Arkansas ...... Construct Highway 425 from Pine Bluff to the Louisiana State line ...... 7.000 1069. Tennessee ...... Construct bridge and approaches on State Route 33 over the Tennessee River (Henley Street Bridge) ...... 13.200 1070. Mississippi ...... Construct Jackson International Airport Parkway and connectors from High Street to the Jackson International Airport in Jackson, Mississippi...... 10.000 1071. Wisconsin ...... Reconstruct U.S. Highway 10, Waupaca County ...... 12.000 1072. Ohio ...... Construct highway-rail grade separations on Heisley Road between Hendricks Road and Jackson Street in Mentor ...... 8.205 1073. Virginia ...... Widen I–64 Bland Boulevard interchange ...... 30.675 1074. Illinois ...... Improve IL–159 in Edwardsville ...... 4.275 1075. Iowa ...... Extend NW 86th Street from NW 70th Street to Beaver Drive in Polk County ...... 7.000 1076. New York ...... Construct County Route 21, Peeksill Hollow Road renovation project ...... 7.577 1077. Iowa ...... IA–192 relation and Avenue G viaduct in Council Bluffs ...... 6.000 1078. Ohio ...... Upgrade and widen US–24 from I–469 to I–475 ...... 23.000 1079. Illinois ...... Construct crossings over Fox River in Kane County ...... 10.200 1080. Florida ...... Construct North East Dade Bike Path in North Miami Beach, Florida...... 1.600 1081. Pennsylvania ...... Improve Oxford Valley Road/US–1 interchange in Bucks County ...... 4.000 1082. California ...... Improve highway access to Humboldt Bay and Harbor Port ...... 0.500 1083. North Carolina ...... Construct I–85 Greensboro Bypass in Greensboro, North Carolina...... 29.500 1084. Pennsylvania ...... Reconfigure I–81 Exit 2 Ramp in Franklin County ...... 0.700 1085. Indiana ...... Feasibility study of State Road 37 improvements in Noblesville, Elwood and Marion ...... 0.600 1086. New Jersey ...... Revitalize Route 130 from Cinnaminson to Willingboro ...... 4.000 1087. Ohio ...... Upgrade I–77/US–250/SR–39 interchange in Tuscarawas County ...... 1.000 1088. Virginia ...... Enhance Maple Avenue streetscape in Vienna, Virginia ...... 2.700 1089. Arkansas ...... Widen Highway 65/82 from Pine Bluff to the Mississippi State line ...... 7.000 1090. New Jersey ...... Construct Route 31 Fleming Bypass in Hunterdon County, New Jersey...... 15.400 1091. New York ...... Conduct safety study and improve I–90 in Downtown Buffalo ...... 0.400 1092. Utah ...... Widen SR–36 from I–80 to Mills Junction ...... 3.000 1093. Alabama ...... Construct the Montgomery Outer Loop from US–80 to I–85 via I–65 ...... 17.650 1094. Tennessee ...... Construct Foothills Parkway from Walland to Weans Valley ...... 11.500 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1947 [Dollars in Millions]

1095. California ...... Upgrade and synchronize traffic lights in the Alameda Corridor East in Los Angeles County ...... 23.000 1096. New York ...... Conduct feasibility study of new International bridges on the NY/Canada border ...... 0.500 1097. Colorado ...... Construct C–470/I–70 ramps in Jefferson Co...... 6.250 1098. Virginia ...... Improve Route 123 from Route 1 to Fairfax County line in Prince William County, Vir- ginia...... 15.000 1099. Washington ...... Construct Interstate 405/NE 8th Street interchange project in Bellevue, WA ...... 23.500 1100. New Hampshire ...... Widen I–93 from Salem north ...... 12.100 1101. South Dakota ...... Replace Meridan Bridge ...... 3.250 1102. Washington ...... Extend Mill Plain Boulevard in Vancouver ...... 4.000 1103. Colorado ...... Improve SH–74/JC–73 interchange in Evergreen County ...... 6.250 1104. Tennessee ...... Improve US–64 in Hardeman and McNairy Counties ...... 5.000 1105. Illinois ...... Design and construct I–72/MacArthur Boulevard interchange in Springfield ...... 5.500 1106. Pennsylvania ...... Replace bridge over Shermans Creek in Carroll ...... 1.000 1107. Illinois ...... Improve IL–113 in Kankakee ...... 7.700 1108. Pennsylvania ...... Realign PA29 in the Borough of Collegeville, Montgomery County, Pennsylvania ...... 0.550 1109. Louisiana ...... Construct Causeway Boulevard/Earhart Expressway interchange in Jefferson, Parish, Louisiana ...... 5.000 1110. Pennsylvania ...... Improve PA 26 in Huntingdon County ...... 1.000 1111. New York ...... Construct Furrows Road from Patchogue/Holbrook Road to Waverly Avenue in Islip ...... 1.500 1112. Tennessee ...... Reconstruction of US–414 In Henderson County ...... 5.000 1113. Indiana ...... Widen 116th Street in Carmel ...... 1.500 1114. Louisiana ...... Reconstruct Jefferson Lakefront bikepath in Jefferson Parish, Louisiana...... 1.000 1115. Utah ...... Construct 7800 South from 1300 West to Bangerter Highway in West Jordan ...... 6.500 1116. Mississippi ...... Construct segment 2 and 3 of the Bryam-Clinton Corridor in Hinds County ...... 1.250 1117. Kentucky ...... Construct Route 259–101 from Brownsville to I–65 ...... 1.000 1118. New Jersey ...... Replace Kinnaman Avenue bridge over Pohatcong Creek in Warren County ...... 1.600 1119. Louisiana ...... Widen Lapalco Boulevard from Barataria Boulevard to Destrehan Avenue in Jefferson Parish, Louisiana...... 5.000 1120. Florida ...... Restore and rehabilitate Miami Beach Bridge and waterfront in Miami Beach, Florida. .... 1.800 1121. Texas ...... Widen Highway 287 from Creek Bend Drive to Waxahacie bypass ...... 13.500 1122. Utah ...... Widen and improve 123rd/126th South from Jordan River to Bangerter Highway in River- ton ...... 5.000 1123. Ohio ...... Construct a new interchange at County Road 80 and I–77 in Dover with $100,000 to pre- serve or reconstruct the Tourism Information Center ...... 7.100 1124. Pennsylvania ...... Realign Route 501 in Lebanon County ...... 1.600 1125. Pennsylvania ...... Construct Williamsport-Lycoming County Airport Access road from I–80 to the airport ...... 7.000 1126. New York ...... Construct the Mineola intermodal facility and Hicksville intermodal facility in Nassau County ...... 14.000 1127. Arkansas ...... Construct Highway 15 from Connector Road to Railroad Overpass in Pine Bluff ...... 1.000 1128. Kentucky ...... Redevelop and improve ground access to Louisville Waterfront District in Louisville, Ken- tucky...... 2.840 1129. Ohio ...... Improve and widen SR–91 from SR–43 south to county line/city line in Solon ...... 5.000 1130. Louisiana ...... Extend I–49 from I–220 to Arkansas State line ...... 4.400 1131. Pennsylvania ...... West Philadelphia congestion mitigation initiative ...... 0.410 1132. New York ...... Judd Road Connector in New Hartford and Whitestown, New York ...... 37.300 1133. South Dakota ...... Construct Eastern Dakota Expressway (Phase II) ...... 31.438 1134. Virginia ...... Conduct historic restoration of Roanoke Passange Station in Roanoke ...... 0.500 1135. Louisiana ...... Construct Port of St. Bernard Intermodal facility ...... 2.100 1136. Mississippi ...... Construct segment 2 of the Jackson University Parkway in Jackson ...... 1.250 1137. Indiana ...... Extend East 56th Street in Lawrence ...... 6.500 1138. Ohio ...... Improve and construct SR–44/Jackson Street Interchange in Painesville ...... 4.000 1139. Pennsylvania ...... Widen US–30 from US–222 to PA–340 and from PA–283 to PA–741 ...... 12.000 1140. Ohio ...... Construct State Route 209 from Cambridge and Byesville to the Guernsey County Indus- trial Park ...... 2.200 1141. California ...... Construct I–5/Avenida Vista Hermosa interchange in San Clemente ...... 3.000 1142. Pennsylvania ...... Improve PA 17 from PA 274 to PA 850 in Perry County ...... 1.000 1143. Georgia ...... Improve GA–316 in Gwinnett County ...... 40.900 1144. New York ...... Construct congestion mitigation project for Brookhaven ...... 5.000 1145. New Hampshire ...... Construct Chestersfield Bridge ...... 3.000 1146. California ...... Improve the interchange at Cabo and Nason Street in Moreno Valley ...... 6.000 1147. Missouri ...... Widen US–63 in Randolph and Boone Counties, Missouri ...... 45.360 1148. New Jersey ...... Upgrade Garden State Parkway Exit 142 ...... 30.000 1149. New York ...... Improve Bedford-Banksville Road from Millbrook to Connecticut State line ...... 2.880 1150. New York ...... Upgrade and improve Albany to Saratoga to Adirondack intermodal transportation cor- ridor ...... 14.000 1151. Oklahoma ...... Reconstruct US–99/SH377 from Prague to Stroud in Lincoln County ...... 9.000 1152. Washington ...... Safety improvements to State Route 14 in Columbia River Gorge National Scenic Area ...... 4.200 1153. Nevada ...... Widen I–50 between Fallon and Fernley ...... 4.000 1154. South Carolina ...... Widen and relocate SC–6 in Lexington County ...... 8.000 1155. Kansas ...... Widen US–54 from Liberal, Kansas southwest to Oklahoma...... 8.000 1156. Virginia ...... Improve East Eldon Street in Herndon ...... 0.500 1157. Michigan ...... Improve US–31 from Holland to Grand Haven ...... 5.000 1158. Arkansas ...... Construct turning lanes at US–71/AR–8 intersection in Mena ...... 0.250 1159. California ...... Widen LaCosta Avenue in Carlsbad ...... 3.000 1160. Alaska ...... Improve roads in Kotzebue ...... 2.350 1161. New Hampshire ...... Construct Manchester Airport access road in Manchester ...... 10.700 1162. Texas ...... Upgrade SH 130 in Caldwell amd Williamson Counties ...... 1.000 1163. South Dakota ...... Construct Heartland Expressway Phase I ...... 6.505 1164. New York ...... Design and construct Outer Harbor Bridge in Buffalo...... 16.260 1165. Pennsylvania ...... Reconstruct State Route 2001 in Pike County ...... 9.000 1166. Ohio ...... Construct interchange at I–480 in Independence, Ohio...... 6.000 1167. New Mexico ...... Improve US–70 southwest of Portales ...... 10.000 1168. California ...... Willits Bypass, Highway 101 in Mendocino County, California ...... 1.000 H1948 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

1169. Florida ...... Widen US–192 between County Route 532 and I–95 in Brevard and Osceola Counties ...... 25.000 1170. Georgia ...... Widen US–84 South from US–82 to the Ware County Line in Waycross and Ware Counties 3.200 1171. New Hampshire ...... Reconstruct bridge over the Connecticut River between Lebanon, NH and White River Junction, VT ...... 3.000 1172. Ohio ...... Conduct feasibility study for the construction of Muskingum County South 93–22–40 con- nector ...... 0.700 1173. Georgia ...... Reconstruct SR–26/US–60 from Bull River to Lazaretto Creek ...... 3.550 1174. Wisconsin ...... Improve Janesville transportation ...... 4.000 1175. Illinois ...... Reconstruct US–30 in Joliet ...... 9.000 1176. New Mexico ...... Complete the Paseo del Norte East Corridor in Bernalillo County ...... 7.500 1177. Michigan ...... Construct I–96/Beck Wixom Road interchange ...... 2.600 1178. Pennsylvania ...... Construct US–322 Conchester Highway between US–1 and PA–452 ...... 25.000 1179. New Mexico ...... Extend Unser Boulevard in Albuquerque ...... 1.000 1180. Arkansas ...... Conduct planning for highway 278 and rail for the Warren/Monticello Arkansas Inter- modal Complex ...... 1.000 1181. Washington ...... Widen SR–543 from I–5 to International Boundary, Washington...... 3.616 1182. New York ...... Construct congestion mitigation project for Smithtown ...... 1.000 1183. Mississippi ...... Widen MS–15 from Laurel to Louiseville ...... 10.000 1184. Pennsylvania ...... Construct Abbey Trails in Abington Township ...... 0.500 1185. Mississippi ...... Construct East Metro Corridor in Rankin County, Mississippi...... 3.500 1186. Utah ...... Construct I–15 interchange at Atkinville ...... 8.000 1187. California ...... Improve SR–70 from Marysville Bypass to Oroville Freeway ...... 15.000 1188. New Hampshire ...... Construct Conway bypass from Madison to Bartlett ...... 7.100 1189. New York ...... Improve the Route 31/I–81 Bridge in Watertown ...... 2.473 1190. Pennsylvania ...... Relocate PA–113 at Creamery Village in Skippack ...... 3.000 1191. Indiana ...... Upgrade 4 warning devices on north/south rail line from Terre Haute to Evansville ...... 0.400 1192. Pennsylvania ...... Construct noise abatement barriers along US–581 from I–83 2 miles west in Cumberland County ...... 0.480 1193. Louisiana ...... Install computer signal synchronization system in Baton Rouge ...... 6.500 1194. Alabama ...... Construct US–231/I–10 Freeway Connector from the Alabama border to Dothan ...... 1.350 1195. Michigan ...... Improve I–94 in Kalamazoo County ...... 5.000 1196. Florida ...... Construct Englewood Interstate connector from River Road to I–75 in Sarasota and Char- lotte Counties ...... 10.000 1197. New York ...... Conduct scope and design study of Hamilton Street interchange in Erwin...... 16.500 1198. Alabama ...... Extend I–759 in Etowah County ...... 15.000 1199. Pennsylvania ...... US–209 Marshall’s Creek Traffic Relief project in Monroe County ...... 10.000 1200. Georgia ...... Construct the Fall Line Freeway from Bibb to Richmond Counties ...... 23.000 1201. Indiana ...... Construct SR–9 bypass in Greenfield ...... 3.150 1202. Illinois ...... Construct Alton Bypass from IL–40 to Fosterburg Road ...... 2.500 1203. New York ...... Replace of Route 92 Limestone Creek Bridge in Manlius ...... 4.000 1204. Indiana ...... Upgrade 14 warning devices on east/west rail line from Gary to Auburn ...... 1.400 1205. New York ...... Improve 6th and Columbia Street project in Elmira ...... 0.700 1206. Michigan ...... Improve Kent County Airport road access in Grand Rapids, Michigan ...... 11.280 1207. Arkansas ...... Enhance area around the Paris Courthouse in the vicinity of Arkansas Scenic Highway 22 and Arkansas Scenic Highway 309, Paris Arkansas ...... 0.400 1208. Virginia ...... Downtown Staunton Streetscape Plan—Phase I in Staunton ...... 0.500 1209. New York ...... Construct CR–85 from Foster Avenue to CR97 in Suffolk County ...... 0.675 1210. California ...... Construct interchange between I–15 and Main Street in Hesperia, California ...... 10.000 1211. Pennsylvania ...... Construct Ardmore Streetscape project ...... 0.500 1212. New York ...... Reconstruct Route 25/Route 27 intersection in St. Lawrence County ...... 1.000 1213. Connecticut ...... Relocate and realign Route 72 in Bristol ...... 4.800 1214. Pennsylvania ...... Improve Park Avenue/PA 36 in Blair County ...... 0.600 1215. Virginia ...... Construct Route 288 in the Richmond Metropolitan Area ...... 22.000 1216. New York ...... Construct city of Glen Cove waterfront improvements ...... 5.000 1217. North Carolina ...... Upgrade and improve US–19 from Maggie Valley to Cherokee ...... 20.000 1218. New York ...... Construct Eastern Long Island Scenic Byway in Suffolk County ...... 15.000 1219. Pennsylvania ...... Widen SR–247 and SR–2008 between 84 and Lackawanna Valley Industrial Highway for the Moosic Mountain Business Park ...... 10.900 1220. Louisiana ...... Construct and equip Transportation Technology and Emergency Preparedness Center in Baton Rouge, Louisiana ...... 5.400 1221. Pennsylvania ...... Reconstruct I–95/Street Road interchange in Bucks County ...... 7.500 1222. Mississippi ...... Widen State Route 24 from Liberty to I–55 ...... 1.250 1223. New York ...... Initiate study and subsequent development and engineering of an international trade cor- ridor in St. Lawrence County ...... 2.000 1224. Missouri ...... Construct Highway 36 Hannibal Bridge and approaches in Marion County ...... 3.496 1225. New York ...... Reconstruct Ridge Road Bridge in Orange County ...... 0.160 1226. New Jersey ...... Reconstruct South Pembrton Road from Route 206 to Hanover Street ...... 8.000 1227. Ohio ...... Improve Alum Creek Drive from I–270 to Frebis Avenue in Franklin County ...... 7.000 1228. Ohio ...... Construct SR–315 Ohio State University Ramp project in Franklin County ...... 3.000 1229. North Carolina ...... Construct US–64/264 in Dare County ...... 2.000 1230. New Mexico ...... Improve US–70 from I–25 to Organ in New Mexico...... 25.000 1231. Kentucky ...... Construct connection between Natcher Bridge and KY–60 east of Owensboro ...... 3.000 1232. California ...... Widen 5th Street and replace 5th Street bridge in Highland, California ...... 1.000 1233. New Mexico ...... Reconstruct US–84/US–285 from Santa Fe to Espanola ...... 15.000 1234. Iowa ...... Improve IA–60 Corridor from LeMar to MN State line ...... 8.800 1235. Louisiana ...... Construct Leeville Bridge on LA–1 ...... 1.500 1236. Tennessee ...... Reconstruct US–27 in Morgan County ...... 3.000 1237. Texas ...... Improve US 82, East-West Freeway between Memphis Avenue and University Avenue ...... 16.400 1238. Alabama ...... Construction of Eastern Black Warrior River Bridge and right-of-way acquisition and construction of an extension of the Black Warrior Parkway from US–82 to US–43 in Tus- caloosa County ...... 23.000 1239. North Carolina ...... Construct US–117, the Elizabeth City Bypass in Pasquotank County ...... 4.500 1240. Florida ...... Construct Cross Seminole Trail connection in Seminole County ...... 1.500 1241. New York ...... Construct County Road 50 in the vicinity of Windsor Avenue ...... 1.360 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1949 [Dollars in Millions]

1242. Ohio ...... Construct greenway enhancements in Madison ...... 2.300 1243. Nebraska ...... Conduct corridor study of NE–35 alternative and modified route in Norfolk, Wayne and Dakota City ...... 1.000 1244. New York ...... Improve Broadway in North Castle in Westchester County ...... 2.520 1245. Louisiana ...... Extend Louisiana Highway 42 between US–61 and I–10 in Ascension Parish ...... 8.000 1246. Alaska ...... Extend Kenai Spur Highway-North Road in Kenai Peninsula Borough ...... 8.000 1247. Utah ...... Construct underpass at 100th South in Sandy ...... 3.900 1248. Connecticut ...... Construct Seaview Avenue Corridor project ...... 10.000 1249. New Jersey ...... Replace Maple Grange Road bridge over Pochuck Creek in Sussex County ...... 1.800 1250. New York ...... Construct congestion mitigation project for Riverhead ...... 2.500 1251. Pennsylvania ...... Improve PA 453 from Water Street to Tyrone in Huntingdon County ...... 1.000 1252. Oklahoma ...... Reconstruct County Road 237 from Indiahoma to Wichita Mountains Wildlife Refuge ...... 0.250 1253. Washington ...... Construct 192nd Street from Sr–14 to SE 15th ...... 5.000 1254. Ohio ...... Construct Licking-Thornwood Connector in Licking County ...... 1.500 1255. Pennsylvania ...... Improve I–95/PA–413 Interchange in Bucks County ...... 7.500 1256. Florida ...... Construct US–98/Thomas Drive interchange ...... 15.000 1257. Texas ...... Widen Meacham Boulevard from I–35W to FM–146 and extend Meacham Boulevard from west of FM–156 to North Main Street ...... 3.500 1258. Utah ...... Construct Cache Valley Highway in Logan ...... 7.000 1259. Texas ...... Relocation of Indiana Avenue between 19th street to North Loop 289 and Quaker Avenue intersection ...... 9.600 1260. Kentucky ...... Reconstruct KY–210 from Hodgenville to Morning Star Road, Larue County ...... 8.000 1261. Georgia ...... Construct Rome to Memphis Highway in Floyd and Bartow Counties ...... 4.112 1262. Pennsylvania ...... Realign West 38th Street from Shunpike Road to Myrtle Street in Erie County ...... 7.200 1263. New York ...... Upgrade Chenango County Route 32 in Norwich ...... 1.600 1264. California ...... Rehabilitate historic train depot in San Bernadino ...... 3.500 1265. Louisiana ...... Construct the Southern extension of I–49 from Lafayette to the Westbank Expressway ...... 5.500 1266. New York ...... Replace Kennedy-class ferries, Staten Island ...... 40.000 1267. Florida ...... Construct South Connector Road and Airport Road interchange in Jacksonville, Florida .. 9.000 1268. Virginia ...... Construct the Lynchburg/Madison Heights bypass in Lynchburg ...... 1.500 1269. California ...... Widen I–15 from Victorville to Barstow in California ...... 24.000 1270. New York ...... Traffic Mitigation Project on William Street and Losson Road in Cheektowaga ...... 3.000 1271. Pennsylvania ...... Improve PA 56 from I–99 to Somerset County Line in Bedford County ...... 1.000 1272. Pennsylvania ...... Renovate Harrisburg Transportation Center in Dauphin County ...... 2.500 1273. Washington ...... Widen Columbia Center Boulevard in Kennewick ...... 1.610 1274. Indiana ...... Improve State Road 31 in Columbus ...... 0.500 1275. New York ...... Construct pedestrian access bridge from Utica Union Station ...... 0.250 1276. Pennsylvania ...... Improve Route 219 in Clearfield County ...... 1.000 1277. Kentucky ...... Construct KY–70 from Cave City to Mammoth Cave ...... 2.000 1278. New Jersey ...... Replace Groveville-Allentown Road bridge in Hanilton ...... 3.200 1279. Washington ...... Construct Mount Vernon multi-modal transportation facility project in Mount Vernon, Washington ...... 3.500 1280. New Jersey ...... Construct pedestrian bridge in Washington Township ...... 3.000 1281. Indiana ...... Install traffic signalization system in Muncie ...... 0.900 1282. New Mexico ...... Improve 84/285 between Espanola and Hernandez ...... 5.000 1283. Florida ...... Widen of State Road 44 in Volusia County ...... 2.250 1284. Maryland ...... Construct improvements a I–270/MD–187 interchange ...... 10.000 1285. Louisiana ...... Increase capacity of Lake Pontchartrain Causeway ...... 2.000 1286. Pennsylvania ...... Construct Walnut Street pedestrian bridge in Dauphin County ...... 1.000 1287. Pennsylvania ...... Improve US–22/PA–866 Intersection in Blair County ...... 2.000 1288. Indiana ...... Expand 126th Street in Carmel ...... 1.000 1289. Ohio ...... Upgrade 1 warning device on the rail line from Marion to Ridgeway ...... 0.100 1290. Illinois ...... Conduct Midwest Regional intermodal facility feasibility study in Rochelle ...... 0.400 1291. Minnesota ...... Construct Trunk Highway 610/10 from Trunk Highway 169 in Brooklyn Park to I–94 in Maple Grove ...... 15.000 1292. Oklahoma ...... Improve Battiest-Pickens Road between Battiest and Pickens in McCurtain County ...... 3.000 1293. Mississippi ...... Widen US–61 from Louisiana State line to Adams County ...... 1.250 1294. California ...... Construct capital improvements along I–680 corridor ...... 5.000 1295. Arkansas ...... Study and construct Van Buren intermodal port facility in Van Buren, Arkansas ...... 0.300 1296. New York ...... Construct access road from Lake Avenue to Milestrip Road in Blasdell ...... 0.240 1297. Iowa ...... Construct I–29 airport interchange overpass in Sioux City ...... 6.200 1298. Pennsylvania ...... Construct PA–309 Sumneytown Pike Connector ...... 4.400 1299. Kentucky ...... Construct Savage-Cedar Knob Bridge at Koger Creek ...... 0.350 1300. Washington ...... Widen SR–527 from 112th SE to 132nd SE in Everett ...... 4.700 1301. Kentucky ...... Complete I–65 upgrade from Elizabethtown to Tennessee State line ...... 5.000 1302. Illinois ...... Replace Gaumer Bridge near Alvin ...... 0.900 1303. South Carolina ...... Construct I–26/US–1 connector in Columbia ...... 12.000 1304. Illinois ...... Construct Sullivan Road Bridge over the Fox River ...... 10.000 1305. California ...... Extend State Route 7 in Imperial County ...... 10.000 1306. South Carolina ...... Construct high priority surface transportation projects eligible for Federal-aid highway funds...... 10.000 1307. New York ...... Construct Erie Canal Preserve I–90 rest stop in Port Byron ...... 3.000 1308. Virginia ...... Improve Harrisonburg East Side roadways in Harrisonburg ...... 0.500 1309. Texas ...... Improve I–35 West from Spur 280 to I–820 in Fort Worth ...... 4.000 1310. Pennsylvania ...... Construct US–202 Section 600 Phase I Early Action project in Upper Gwynedd and Lower Gwynedd ...... 5.000 1311. Pennsylvania ...... PA 26 over Piney Creek 2-bridges in Bedford County ...... 0.800 1312. Florida ...... Widen and realign Eller Drive in Port Everglades, Florida ...... 5.600 1313. Illinois ...... Improve access to Rantoul Aviation Center in Rantoul ...... 1.600 1314. Florida ...... Deploy magnetic lane marking system on I–4 ...... 0.500 1315. Alaska ...... Construct the a bridge joining the Island of Gravina to the Community of Ketchikan on Revilla Island ...... 20.000 1316. Louisiana ...... Conduct feasibility study, design and construction of connector between Louisiana High- way 16 to I–12 in Livingston Parish ...... 5.000 H1950 CONGRESSIONAL RECORD — HOUSE April 1, 1998 [Dollars in Millions]

1317. New York ...... Improve Hardscrabble Road from Route 22 to June Road in North Salem ...... 2.880 1318. California ...... Enhance Fort Bragg and Willitis passenger stations ...... 0.500 1319. New Mexico ...... Improve Uptown in Bernalillo County ...... 1.500 1320. Missouri ...... Construction of airport ground transportation terminal for the Springfield/Branson Air- port intermodal facility in Springfield, Missouri ...... 5.000 1321. North Carolina ...... Widen US–421 from North Carolina Route 194 to two miles East of US–221 ...... 7.400 1322. Kentucky ...... Construct US–127: $800,000 for the segment between the Albany Bypass and KY–90; $10,375,000 for the segment between the Albany Bypass and Clinton County High School; $40,000 for the segment between KY696 and the Tennessee State line ...... 11.215 1323. Missouri ...... Upgrade US–71 interchange in Carthage, Missouri ...... 1.000 1324. Ohio ...... Reconstruct Morgan County 37 in Morgan County ...... 0.500 1325. New York ...... Construct Maybrook Corridor bikeway in Dutchess County ...... 1.404 1326. New York ...... Construct Poughkeepsie Intermodal Facility in Poughkeepsie ...... 3.750 1327. Illinois ...... Construct Orchard Road Bridge over the Fox River ...... 7.000 1328. Pennsylvania ...... Improve PA–23 Corridor from US–30 Bypass between Lancaster County line and Morgan- town ...... 4.000 1329. California ...... Improve State Route 57 interchange at Lambert Road in Brea ...... 0.985 1330. Texas ...... Upgrade State Highway 35 Yoakum District in Matagorda and Buazovia Counties ...... 12.000 1331. Pennsylvania ...... Improve T–344 Bridge over Mahantango Creek in Snyder County ...... 0.700 1332. Ohio ...... Complete safety/bicycle path in Madison Township ...... 0.030 1333. New Jersey ...... Upgrade Montvale/Chestnut Ridge Road and Grand Avenue intersection at Garden State Parkway in Bergan County ...... 0.500 1334. Kentucky ...... Widen US–27 from Norwood to Eubank ...... 30.000 1335. California ...... Extend Highway 41 in Madera County ...... 10.000 1336. New York ...... Improve and reconstruct Stony Street in York Town ...... 0.350 1337. Pennsylvania ...... Complete Broad Street ramps at Route 611 bypass in Bucks County ...... 1.770 1338. Tennessee ...... Construct State Route 131 from Gill Road to Bishop Road ...... 2.400 1339. Georgia ...... Construct the Savannah River Parkway in Bullock, Jenkins, Screven and Effinghaus Counties ...... 10.000 1340. Illinois ...... Improve Illinois Route 29 in Sangamon and Christian Counties ...... 2.300 1341. Mississippi ...... Widen State Route 6 from Pontotoc to US–45 at Tupelo in Mississippi ...... 15.000 1342. Kansas ...... Construct road and rail grade separations in Wichita ...... 35.000 1343. Illinois ...... Widen US–20 in Freeport ...... 5.100 1344. Minnesota ...... Construct Mankato South Route in Mankato ...... 7.000 1345. Michigan ...... Construct interchange at Eastman Avenue/US–10 in Midland ...... 11.000 1346. California ...... Highway 65 improvement and mitigation project ...... 4.000 1347. Pennsylvania ...... Improve access to Raystown in Huntingdon County ...... 1.500 1348. Indiana ...... Construct East 79th from Sunnyside Road to Oaklandon Road in Lawrence ...... 4.000 1349. Georgia ...... Widen and reconstruct Corder Road from Pineview Drive to the Russell Parkway ...... 3.400 1350. New York ...... Rahabilitate Jay Covered Bridge in Essex County ...... 1.000 1351. New York ...... Improve Long Ridge Road from Pound Ridge Road to Connecticut State line ...... 2.800 1352. Mississippi ...... Widen MS–45 from Brooksville to US–82 in Mississippi...... 4.500 1353. Ohio ...... Upgrade US–30 in Hancock ...... 15.000 1354. Illinois ...... Construct an interchange at I–90 and Illinois Route 173 in Rockford ...... 7.500 1355. New York ...... Construct Route 17-Lowman Crossover in Ashland ...... 4.800 1356. New Jersey ...... Rehabilitate East Ridgewood Avenue over Route 17 in Bergan County ...... 3.600 1357. Pennsylvania ...... St. Thomas Signals Hade and Jack Rds US–30 in Franklin County ...... 0.200 1358. New York ...... Improve Route 9 in Dutchess County ...... 1.560 1359. Ohio ...... Rail mitigation and improvement projects from Vermillion to Conneaut ...... 12.000 1360. Virginia ...... Complete North Section of Fairfax County Parkway in Fairfax County, Virginia...... 10.000 1361. Arkansas ...... Conduct design study and acquire right of way on US–71 in the vicinity of Fort Chaffee, Fort Smith ...... 5.000 1362. Pennsylvania ...... Realign Moulstown Road/Route 194/Eisenhower Drive York County ...... 2.000 1363. Florida ...... Construct Greater Orlando Aviation Authority Consolidated Surface Access in Orlando .... 1.341 1364. Florida ...... Construct US17/92 and SR–436 interchange in Orange/Osceola/Seminole County region ...... 2.750 1365. Washington ...... Construct State Route 7—Elbe rest area and interpretive facility in Pierce County, WA. .... 0.600 1366. Virginia ...... Improve the RIC airport connector road in Richmond ...... 3.000 1367. Tennessee ...... Improve State Road 60 from Waterville to US–64 in Bradley County ...... 1.600 1368. Pennsylvania ...... Relocate US–219 Ridgeway, Pennsylvania, truck bypass connector along Osterhout Street 6.000 1369. Pennsylvania ...... Construct PA 36 Convention Center Connector in Blair County ...... 1.000 1370. New Jersey ...... Construct US–22/Chimney Rock Road interchange in Somerset County ...... 23.000 1371. Alaska ...... Improve Dalton Highway from Fairbanks to Prudhoe Bay ...... 5.000 1372. Pennsylvania ...... Allegheny Trail from Pittsburgh, Pennsylvania to Cumberland, Maryland ...... 12.000 1373. Washington ...... Reconstruct I–21/Keys Road intersection in Yakima ...... 8.640 1374. Pennsylvania ...... Upgrade 2 sections of US–6 in Tioga County ...... 1.500 1375. Illinois ...... Congestion mitigation for Illinois Route 31 and Illinois Route 62 intersection in Algonquin 12.000 1376. Illinois ...... Construct Towanda-Barnes Road in Mclean County ...... 7.760 1377. Pennsylvania ...... Construct Lackawanna River Heritage Trail in Lackawanna ...... 0.500 1378. Pennsylvania ...... Reconstruct I–81 Plainfield interchange in Cumberland County ...... 3.520 1379. Kentucky ...... Reconstruct US–127: $7,500,000 for the segment between Dry Ridge Road and US–231 and US–31; $4,000,000 for the segment between Allen-Warren County line and Dry Ridge Road ...... 11.500 1380. Tennessee ...... Construct State Route 30 from Athens to Etowah in McMinn County ...... 10.320 1381. Arizona ...... Replace US–93 Hoover Dam Bridge ...... 20.000 1382. Iowa ...... Conduct study of Port of Des Moines, Des Moines ...... 0.100 1383. Missouri ...... Bull Shoals Lake Ferry in Taney County, Missouri...... 0.697 1384. Pennsylvania ...... Widen PA–413 in Bucks County ...... 2.000 1385. Mississippi ...... Construct I–20 interchange at Pirate Cove ...... 1.000 1386. Texas ...... Complete State Highway 35 in Aransas County ...... 10.000 1387. California ...... Construct interchange between I–15 and SR–18 in San Bernardino, California...... 8.000 1388. Pennsylvania ...... Improve Route 94 Corridor through Hanover to Maryland State Line...... 8.000 1389. Ohio ...... Upgrade 2 warning devices on the rail north/south line from Columbus to Toledo ...... 0.200 1390. Pennsylvania ...... Resurface current 219 bypass at Bradford ...... 6.500 1391. New Jersey ...... Construct Route 17 bridge over the Susquehanna and Western Rail line in Rochelle Park .. 1.500 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1951 [Dollars in Millions]

1392. Louisiana ...... Replace ferry in Plaquemines Parish ...... 2.150 1393. New York ...... Construct Hudson River scenic overlook from Route 9 to Waterfront in Poughkeepsie ...... 0.455 1394. California ...... Complete State Route 56 in San Diego ...... 4.000 1395. New Jersey ...... Replace Clove Road bridge over tributary of Mill Brook and Clove Brook in Sussex County 1.000 1396. California ...... Construct interchanges for I–10 in Coachella Valley, Riverside County ...... 3.000 1397. South Dakota ...... Construct US–16 Hell Canyon Bridge and approaches in Custer County ...... 0.441 1398. Wisconsin ...... Reconstruct U.S. Highway 151, Waupun to Fond du Lac ...... 26.000 1399. Indiana ...... Construct I–70/Six Points interchange in Marion and Hendricks County ...... 19.950 1400. Wyoming ...... Reconstruct Cheyenne Area Norris Viaduct ...... 8.000 1401. California ...... Extend State Route 52 in San Diego ...... 5.000 1402. Kansas ...... Reconstruct K–7 from Lone Elm Road to Harrison ...... 3.100 1403. Mississippi ...... Construct US–84 from Eddiceton to Auburn Road ...... 1.250 1404. Florida ...... Construct County Road 470 Interchange in Lake County ...... 8.000 1405. Virginia ...... Widen I–81 in Roanoke and Botetourt Counties and in Rockbridge, Augusta and Rocking- ham Counties ...... 6.000 1406. California ...... Improve and modify the Port of Hueneme Intermodal Corridor—Phase II in Ventura County ...... 22.400 1407. New York ...... Construct Bay Shore Road SR–231 to SR–27 in Suffolk County ...... 8.000 1408. Alabama ...... Complete I–59 interchange in Dekalb County ...... 4.000 1409. Michigan ...... Construct interchange at US–10/Bay City Road in Midland ...... 4.000 1410. Connecticut ...... Improve Route 4 intersection in Harwinton, Connecticut...... 1.800 1411. Colorado ...... Construct Wadsworth Boulevard improvement project in Arvada ...... 1.000 1412. Connecticut ...... Reconstruct Post Office Town Farm Road in Enfield, Connecticut ...... 1.500 1413. Pennsylvania ...... Widen and signalize Sumneytown Pike and Forty Foot Road in Montgomery County, Pennsylvania...... 4.300 1414. Tennessee ...... Improve State Road 95 from Westover Drive to SR–62 in Roane and Anderson Counties ..... 4.900 1415. New York ...... FJ&G Rail/Trail Project in Fulton County ...... 0.700 1416. Pennsylvania ...... Construct Towamencin Township multimodal center ...... 2.900 1417. Michigan ...... Relocate US–31 from River Road to Naomi Road in Berrian County ...... 18.000 1418. Alaska ...... Extend West Douglas Road in Goldbelt and Juneau ...... 3.300 1419. Illinois ...... Construct US–67 in Madison and Jersey Counties ...... 6.800 1420. Idaho ...... Reconstruct US–95 from Bellgrove to Mica ...... 10.000 1421. Idaho ...... Construct US–95: Sandcreek Alternate Route in Sandpoint ...... 15.000 1422. Ohio ...... Construct highway-rail grade separations on Snow Road in Brook Park ...... 3.000 1423. New York ...... Construct Southern State Parkway ITS between NYS Route 110 and Sagtikos Parkway .... 4.825 1424. Florida ...... Widen US–17/92 in Volusia County ...... 1.800 1425. Connecticut ...... Realign Route 4 intersection in Farmington ...... 2.800 1426. Louisiana ...... Construct Louisiana Highway 1 from the Gulf of Mexico to US–90 ...... 0.750 1427. Kentucky ...... Construct Kentucky 31E from Bardstowns to Salt River ...... 1.000 1428. Virginia ...... Constuct Third Bridge/Tunnel Crossing of Hampton Road ...... 5.000 1429. Washington ...... Widen Cook Road in Skagit County, Washington...... 3.100 1430. Pennsylvania ...... Construct 25.5 miles of the Perkiomen Trail ...... 0.540 1431. Louisiana ...... Construct Port of South Louisiana Connector in Saint John the Baptist Parish ...... 0.700 1432. New York ...... Construct CR–96 from Great South Bay to Montauk Highway in Suffolk County ...... 0.275 1433. Pennsylvania ...... Construct US–6 Tunkhannock Bypass in Wyoming County ...... 2.400 1434. Alabama ...... Construct Eastern Shore Trail project in Fairhope, Alabama...... 1.355 1435. Georgia ...... Construct North River Causeway and Bridge, St. Mary’s County ...... 2.900 1436. Utah ...... Construct Phase II of the University Avenue Interchange in Provo ...... 10.000 1437. California ...... Widen SR–71 from Riverside County to SR–91 ...... 13.000 1438. Arkansas ...... Construct access route to Northwest Arkansas Regional Airport in Highfill, Arkansas...... 16.000 1439. California ...... Construct Ocean Boulevard and Terminal Island Freeway interchange in Long Beach, California...... 20.000 1440. Nebraska ...... Widen and reconstruct I–680 from Pacific Street to Dodge Street in Douglas County ...... 8.000 1441. Indiana ...... Lafayette Railroad relocation project in Lafayette, Indiana...... 29.400 1442. Florida ...... Construct pedestrian overpass from Florida National Scenic Trail over I–4 ...... 2.500 1443. Michigan ...... Construct interchange at I–75/North Down River Road ...... 1.500 1444. New York ...... Construct CR–96 from Montauk Highway to Sunrise Highway in Suffolk County ...... 0.435 1445. Connecticut ...... Widen Route 10 from vicinity of Lazy Lane to River Street in Southington, Connecticut .... 4.640 1446. Connecticut ...... Widen Route 4 in Torrington ...... 2.800 1447. Washington ...... Construct Port of Longview Industrial Rail Corridor and Fibre Way Overpass in Longview 2.500 1448. Virginia ...... Construct I–95/State Route 627 interchange in Stafford County ...... 4.000 1449. Colorado ...... Complete the Powers Boulevard north extension in Colorado Springs ...... 12.000 1450. Ohio ...... Construct St. Clairsville Bike Path in Belmont County ...... 0.500 1451. South Dakota ...... Construct Aberdeen Truck bypass ...... 2.576 1452. New York ...... Conduct extended needs study for the Tappan Zee Bridge ...... 4.000 1453. Washington ...... Widen SR–99 between 148th Street and King County Line in Lynnwood ...... 3.000 1454. Texas ...... Construct State Highway 121 from I–30 to US–67 in Cleburne ...... 32.000 1455. Oklahoma ...... Reconstruct US–70 from Broken Bow to Arkansas State line in McCurtain County ...... 7.500 1456. Georgia ...... Conduct study of a multimodal transportation corridor along GA–400 ...... 25.000 1457. New York ...... Reconstruct and widen Route 78 from I–90 to Route 15 ...... 5.500 1458. Nebraska ...... Construct South Beltway in Linclon ...... 5.500 1459. Nebraska ...... Replace US–81 bridge between Yankton, south Dakota and Cedar County, Nebaska ...... 1.500 1460. Florida ...... Construct Alden Road Improvement Project in Orange County ...... 0.700 1461. California ...... Improve and widen Forest Hill Road in Placer County ...... 7.000 1462. Washington ...... Improve Hillsboro Street/Highway 395 intersection in Pasco ...... 3.550 1463. Missouri ...... Construct Hermann Bridge on Highway 19 in Montgomery and Gasconade Counties ...... 1.544 1464. Utah ...... Widen and improve 123rd/126th South from 700 East to Jordan River in Draper ...... 7.000 1465. Illinois ...... Improve Constitution Avenue in Peoria ...... 3.500 1466. New York ...... Reconstruct Washington County covered bridge project ...... 1.700 1467. New York ...... Reconstruct Stoneleigh Avenue in Putnam County ...... 3.920 H1952 CONGRESSIONAL RECORD — HOUSE April 1, 1998

SEC. 128. WOODROW WILSON MEMORIAL BRIDGE. (2) FUNDING.—There is authorized to be ap- ments in carrying out transportation projects re- Section 407(a) of the National Highway Sys- propriated out of the Highway Trust Fund lated to an international quadrennial Olympic tem Designation Act of 1995 (109 Stat. 630–631) is (other than the Mass Transit Account) $500,000 event. Such assistance may include planning, amended— for each of fiscal years 1998 and 1999 to carry capital, and operating assistance. (1) by redesignating paragraph (2) as para- out this subsection. (2) FEDERAL SHARE.—The Federal share of the graph (3); (3) APPLICABILITY OF TITLE 23.—Funds made costs of projects assisted under this subsection (2) by striking ‘‘(a)’’ and all that follows available to carry out this subsection shall be shall not exceed 80 percent. For purposes of de- through the period at the end of paragraph (1) available for obligation in the same manner as termining the non-Federal share, highway, and inserting the following: if such funds were apportioned under chapter 1 aviation, and transit projects shall be consid- ‘‘(a) CONVEYANCES.— of title 23, United States Code; except that the ered a program of projects. ‘‘(1) CONVEYANCE TO STATES AND DISTRICT OF Federal share of the cost of establishment of the (f) ELIGIBLE GOVERNMENTS.—A State or local COLUMBIA.— facility under this subsection shall be 80 percent government is eligible to receive assistance ‘‘(A) GENERAL AUTHORITY.—Not later than 60 and such funds shall remain available until ex- under this section only if it is hosting a venue days after the date of the enactment of this sub- pended. that is part of an international quadrennial paragraph, the Secretary shall convey to the (d) MOTOR CARRIER OPERATOR VEHICLE AND Olympics that is officially selected by the Inter- State of Virginia, the State of Maryland, and TRAINING FACILITY.— national Olympic Committee. the District of Columbia all right, title, and in- (1) ESTABLISHMENT.—The Secretary shall (g) AIRPORT DEVELOPMENT PROJECTS.— terest of the United States in and to the Bridge, make grants to the State of Pennsylvania to es- (1) AIRPORT DEVELOPMENT DEFINED.—Section including such related riparian rights and inter- tablish and operate an advanced tractor trailer 47102(3) of title 49, United States Code, is ests in land underneath the Potomac River as safety and operator training facility in Cham- amended by adding at the end the following: are necessary to carry out the project. bersburg, Pennsylvania. The purpose of the fa- ‘‘(H) Developing, in coordination with State ‘‘(B) ACCEPTANCE OF TITLE.—Except as pro- cility shall be to develop and coordinate an ad- and local transportation agencies, intermodal vided in paragraph (3), upon conveyance by the vance curriculum for the training of operators transportation plans necessary for Olympic-re- Secretary, the State of Virginia, the State of and future operators of tractor trailers. The fa- lated projects at an airport.’’. Maryland, and the District of Columbia shall cility shall conduct training on the test track at (2) DISCRETIONARY GRANTS.—Section 47115(d) accept the right, title, and interest in and to the Letterkenny Army Depot and the unused seg- of title 49, United States Code, is amended— Bridge. ment of the Pennsylvania Turnpike located in (A) by striking ‘‘and’’ at the end of paragraph ‘‘(C) CONSOLIDATION OF JURISDICTION.—For Bedford County, Pennsylvania. The facility (5); the purpose of making the conveyance under shall be operated by a not-for-profit entity and, (B) by striking the period at the end of para- this paragraph, the Secretary of the Interior when Federal assistance is no longer being pro- graph (6) and inserting ‘‘; and’’; and and the head of any other Federal department vided with respect to the facility, shall be pri- (C) by adding at the end the following: or agency that has jurisdiction over the land vately operated. ‘‘(7) the need for the project in order to meet adjacent to the Bridge shall transfer such juris- (2) FUNDING.—Of the amounts made available the unique demands of hosting international diction to the Secretary. for each of fiscal years 1998 through 2003 by sec- quadrennial Olympic events.’’. ‘‘(D) FUNDS ALLOCATED.—No funds made tion 127(a)(3)(H) of this Act, $500,000 per fiscal SEC. 131. NATIONAL DEFENSE HIGHWAYS. available for the high cost Interstate System re- year shall be available to carry out this sub- (a) RECONSTRUCTION PROJECTS.—If the Sec- construction and improvement program under section. Such funds shall remain available until retary determines, after consultation with the section 160 of title 23, United States Code, may expended. The Federal share of the cost of es- Secretary of Defense, that a highway, or portion be allocated for the Bridge before the State of tablishment and operation of the facility under of a highway, located outside the United States Virginia, the State of Maryland, and the Dis- this subsection shall be 80 percent. is important to the national defense, the Sec- trict of Columbia accept right, title, and interest SEC. 130. TRANSPORTATION ASSISTANCE FOR retary may carry out a project for the recon- in and to the Bridge under this paragraph. OLYMPIC CITIES. struction of such highway or portion of high- (a) PURPOSE.—The purpose of this section is ‘‘(2) CONVEYANCE TO AUTHORITY.—After exe- way. to provide assistance and support to State and cution of the agreement under subsection (c), (b) FUNDING.—The Secretary may make avail- local efforts on surface and aviation-related the State of Virginia, State of Maryland, and able, from funds appropriated for expenditure transportation issues necessary to obtain the the District of Columbia shall convey to the Au- on the National Highway System, not to exceed national recognition and economic benefits of thority their respective rights, titles, and inter- $20,000,000 per fiscal year for each of fiscal participation in the International Olympic ests in and to the Bridge, including such related years 1998 through 2003 to carry out this sec- movement and the International Paralympic riparian rights and interests in land underneath tion. Such sums shall remain available until ex- movement by hosting international quadrennial the Potomac River as are necessary to carry out pended. Olympic and Paralympic events in the United the Project. Except as provided in paragraph States. SEC. 132. MISCELLANEOUS SURFACE TRANSPOR- TATION PROGRAMS. (3), upon conveyance by the Secretary, the Au- (b) PRIORITY FOR TRANSPORTATION PROJECTS thority shall accept the right, title, and interest RELATED TO OLYMPIC EVENTS.—Notwithstand- (a) INFRASTRUCTURE AWARENESS PROGRAM.— in and to the Bridge and all duties and respon- ing any other provision of law, the Secretary (1) IN GENERAL.—The Secretary is authorized sibilities associated with the Bridge.’’; and may give priority to funding for a transpor- to fund the production of a documentary about (3) in paragraph (3), as redesignated by para- tation project related to an Olympic event from infrastructure in cooperation with a not-for- graph (1) of this section, by striking ‘‘convey- funds available to carry out 1 or more of sec- profit national public television station and the ance under paragraph (1)’’ and inserting ‘‘con- tions 144(g)(1) and 160 of title 23, United States National Academy of Engineering which shall veyance under this subsection’’. Code, and sections 5309 and 5326 of title 49, demonstrate how public works and infrastruc- SEC. 129. TRAINING. United States Code, if the project meets the ex- ture projects stimulate job growth and the econ- (a) TRAINING POSITIONS FOR WELFARE RECIPI- traordinary needs associated with an inter- omy and contribute to the general welfare of the ENTS.—Section 140(a) is amended by inserting national quadrennial Olympic event and if the nation. after the third sentence the following: ‘‘In im- project is otherwise eligible for assistance under (2) FUNDING.—There is authorized to be ap- plementing such programs, a State may reserve such section. propriated out of the Highway Trust Fund training positions for persons who receive wel- (c) TRANSPORTATION PLANNING ACTIVITIES.— (other than the Mass Transit Account) to carry fare assistance from such State; except that the The Secretary may participate in planning ac- out this section $1,000,000 for each of fiscal implementation of any such program shall not tivities of States, metropolitan planning organi- years 1998, 1999, and 2000. Such funds shall re- cause current employees to be displaced or cur- zations, and sponsors of transportation projects main available until expended. rent positions to be supplanted.’’. related to an international quadrennial Olympic (3) APPLICABILITY OF TITLE 23.—Funds au- (b) TYPES OF TRAINING.—Section 140(b) is event under sections 134 and 135 of title 23, thorized by this subsection shall be available for amended— United States Code, and in developing inter- obligation in the same manner as if such funds (1) in the first sentence— modal transportation plans necessary for such were apportioned under chapter 1 of title 23, (A) by inserting ‘‘and technology’’ after ‘‘con- projects in coordination with State and local United States Code; except that the Federal struction’’; and transportation agencies. share of the cost of any project under this sub- (B) by inserting after ‘‘programs’’ the follow- (d) USE OF ADMINISTRATIVE EXPENSES.—The section and the availability of funds authorized ing: ‘‘, and to develop and fund summer trans- Secretary may provide assistance from funds de- by this subsection shall be determined in accord- portation institutes’’; and ducted under section 104(a) of title 23, United ance with this subsection. (2) in the last sentence by striking ‘‘may be States Code, for the development of an Olympic (b) STUDY OF PARKING FACILITIES ADE- available’’ and inserting ‘‘may be utilized’’. and Paralympic transportation management QUACY.— (c) HEAVY EQUIPMENT OPERATOR TRAINING plan in cooperation with an Olympic and a (1) STUDY.—The Secretary shall conduct a FACILITY.— Paralympic Organizing Committee responsible study to determine the location and quantity of (1) ESTABLISHMENT.—The Secretary shall es- for hosting, and State and local communities af- parking facilities at commercial truck stops and tablish a heavy equipment operator training fa- fected by, an international quadrennial Olympic travel plazas and public rest areas that could be cility in Hibbing, Minnesota. The purpose of the event. used by motor carriers to comply with Federal facility shall be to develop an appropriate cur- (e) TRANSPORTATION PROJECTS RELATED TO hours of service rules. The study shall include riculum for training, and to train operators and OLYMPIC EVENTS.— an inventory of current facilities serving the Na- future operators of heavy equipment in the safe (1) GENERAL AUTHORITY.—The Secretary may tional Highway System, analyze where short- use of such equipment. provide assistance to States and local govern- ages exist or are projected to exist, and propose April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1953 a plan to reduce the shortages. The study shall a week, cannot be prohibited from inclusion on grams are reauthorized after the date of the en- be carried out in cooperation with research enti- such a food sign. actment of the National Highway System Des- ties representing motor carriers, the travel plaza SEC. 134. FISCAL, ADMINISTRATIVE, AND OTHER ignation Act of 1995’’ and inserting ‘‘September industry, and commercial motor vehicle drivers. AMENDMENTS. 30, 2003’’. (2) REPORT.—Not later than January 1, 2001, (a) ADVANCED CONSTRUCTION.—Section 115 is (2) Section 127(a) is amended by inserting be- the Secretary shall transmit to Congress a report amended— fore the next to the last sentence the following: on the results of the study with any rec- (1) in subsection (b)— ‘‘With respect to the State of Colorado, vehicles ommendations the Secretary determines appro- (A) by moving the text of paragraph (1) (in- designed to carry 2 or more precast concrete priate as a result of the study. cluding subparagraphs (A) and (B)) 2 ems to the panels shall be considered a nondivisible load.’’. (3) FUNDING.—From amounts set aside under left; (3) Section 127(a) is amended by adding at the section 104(a) of title 23, United States Code, for (B) by striking ‘‘(1) IN GENERAL.—’’; end the following: ‘‘The State of Louisiana may each of fiscal years 1998, 1999, and 2000, the Sec- (C) by striking paragraphs (2) and (3); and allow, by special permit, the operation of vehi- retary may use not to exceed $500,000 per fiscal (D) by striking ‘‘(A) prior’’ and inserting ‘‘(1) cles with a gross vehicle weight of up to 100,000 year to carry out this section. prior’’; and pounds for the hauling of sugarcane during the SEC. 133. ELIGIBILITY. (E) by striking ‘‘(B) the project’’ and inserting harvest season, not to exceed 100 days annu- (a) AMBASSADOR BRIDGE ACCESS, MICHIGAN.— ‘‘(2) the project’’; ally.’’. Notwithstanding section 129 of title 23, United (2) by striking subsection (c); and (4) Section 127 is amended by adding at the States Code, or any other provision of law, im- (3) by redesignating subsection (d) as sub- end the following new subsection: provements to and construction of access roads, section (c). ‘‘(h) MAINE AND NEW HAMPSHIRE.—With re- approaches, and related facilities (such as signs, (b) AVAILABILITY OF FUNDS.—Section 118 is spect to Interstate Route 95 in the State of New lights, and signals) necessary to connect the amended— Hampshire, State laws or regulations in effect (1) in the subsection heading for subsection Ambassador Bridge in Detroit, Michigan, to the on January 1, 1987, shall be applicable for pur- (b) by striking ‘‘; DISCRETIONARY PROJECTS’’; Interstate System shall be eligible for funds ap- poses of this section. With respect to that por- and portioned under sections 104(b)(1) and 104(b)(3) tion of the Maine Turnpike designated Inter- (2) by striking subsection (e) and inserting the of such title. state Route 95 and 495, and that portion of following: (b) CUYAHOGA RIVER BRIDGE, OHIO.—Not- Interstate Route 95 from the southern terminus ‘‘(e) EFFECT OF RELEASE OF FUNDS.—Any withstanding section 149 of title 23, United of the Maine Turnpike to the New Hampshire Federal-aid highway funds released by the final States Code, or any other provision of law, a State line, State laws or regulations in effect on payment on a project, or by the modification of project to construct a new bridge over the Cuya- October 1, 1995, shall be applicable for purposes the project agreement, shall be credited to the hoga River in Cleveland, Ohio, shall be eligible of this section.’’. same program funding category previously ap- for funds apportioned under section 104(b)(2) of (j) SPECIALIZED HAULING VEHICLES.— portioned to the State and shall be immediately such title. (1) STUDY.—The Secretary shall conduct a available for expenditure.’’. (c) CONNECTICUT.—In fiscal year 1998, the study to examine the impact of the truck weight (c) FEDERAL SHARE PAYABLE.—Section 120 is State of Connecticut may transfer any funds re- standards on specialized hauling vehicles. amended in each of subsections (a) and (b) by maining available for obligation under the sec- (2) REPORT.—Not later than 2 years after the striking ‘‘shall be’’ and inserting ‘‘shall not ex- tion 104(b)(5)(A) of title 23, United States Code, date of the enactment of this Act, the Secretary ceed’’. as in effect on the day before the date of the en- shall transmit to Congress a report on the re- (d) PAYMENTS TO STATES FOR CONSTRUC- actment of this Act, for construction of the sults of the study with any recommendations TION.—Section 121 is amended— Interstate System to any other program eligible the Secretary determines appropriate as a result (1) in subsection (a)— of the study. for assistance under chapter 1 of such title. Be- (A) by striking the second sentence; and SEC. 135. ACCESS OF MOTORCYCLES. fore making any distribution of the obligation (B) by striking the last sentence and inserting Section 102 is amended by redesignating sub- limitation under section 103(c)(4) of this Act, the the following: ‘‘Such payments may also be section (b) as subsection (c) and by inserting Secretary shall make available to the State of made for the value of the materials (1) which after subsection (a) the following: Connecticut sufficient obligation authority have been stockpiled in the vicinity of such con- ‘‘(b) ACCESS OF MOTORCYCLES.—No State or under section 103(c) of this Act to obligate funds struction in conformity to plans and specifica- political subdivision of a State may restrict the available for transfer under this subsection. tions for the projects, and (2) which are not in access of motorcycles to any highway or portion (d) SAN FRANCISCO-OAKLAND BAY BRIDGE, the vicinity of such construction if the Secretary of a highway for which Federal-aid highway CALIFORNIA.—In accordance with section 502 of determines that because of required fabrication funds have been utilized for planning, design, this Act, a project to reconstruct the Interstate at an off-site location the material cannot be construction, or maintenance.’’. System approach to the western end of the San stockpiled in such vicinity.’’; Francisco-Oakland Bay Bridge and the ramps (2) by striking subsection (b) and inserting the SEC. 136. AMENDMENTS TO PRIOR SURFACE connecting the bridge to Treasure Island shall following: TRANSPORTATION AUTHORIZATION LAWS. be eligible for funds under section 160 of title 23, ‘‘(b) PROJECT AGREEMENT.—No payment shall (a) ISTEA HIGH PRIORITY CORRIDORS.— United States Code, relating to the high-cost be made under this chapter except for a project (1) IN GENERAL.—Section 1105(c) of the Inter- Interstate System reconstruction and improve- covered by a project agreement. After completion modal Surface Transportation Efficiency Act of ment program. of the project in accordance with the project 1991 (105 Stat. 2032–2033) is amended— (e) SOUTHERN CALIFORNIA.—Notwithstanding agreement, a State shall be entitled to payment (A) in paragraph (5)(B)(iii)(I)(ff) by inserting section 120(l)(1) of title 23, United States Code— out of the appropriate sums apportioned or allo- before the semicolon ‘‘, including a connection (1) private entity expenditures to construct the cated to it of the unpaid balance of the Federal to Andrews following the Route 41 Corridor’’; SR–91 toll road located in Orange County, Cali- share payable on account of such project.’’; (B) in paragraph (9) by inserting after ‘‘New fornia, from SR–55 to the Riverside County line (3) by striking subsections (c) and (d); and York’’ the following: ‘‘, including United States may be credited toward the State matching (4) by redesignating subsection (e) as sub- Route 322 between United States Route 220 and share for any Federal-aid project beginning con- section (c). I–80’’; struction after the SR–91 toll road was opened (e) ADVANCES TO STATES.—Section 124 is (C) in paragraph (18)— to traffic; and amended— (2) private expenditures for the future SR–125 (1) by striking ‘‘(a)’’ the first place it appears; (i) by inserting before ‘‘Indianapolis, Indi- toll road in San Diego County, California, from and ana’’ the following: ‘‘Sarnia, Ontario, Canada, SR–905 to San Miguel Road may be credited (2) by striking subsection (b). through Port Huron, Michigan, southwesterly along I–69 and from Windsor, Ontario, Canada, against the State match share for Federal-aid (f) DIVERSION.—Section 126, and the item re- highway projects beginning after SR–125 is lating to such section in the table of sections for through Detroit, Michigan, westerly along I–94 opened to traffic. chapter 1, are repealed. via Marshall, Michigan, thence south to’’; and (ii) by striking ‘‘and to include’’ and inserting (f) INTERNATIONAL BRIDGE, SAULT STE. (g) STATE HIGHWAY DEPARTMENT.—Section MARIE, MI.—The International Bridge Author- 302 is amended— the following: ity, or its successor organization, shall be per- (1) by adding at the end of subsection (a) the ‘‘as follows: mitted to continue collection of tolls for the following: ‘‘Compliance with this provision shall ‘‘(A) In Tennessee, Mississippi, Arkansas, and maintenance, operation, capital improvements, have no effect on the eligibility of costs.’’; Louisiana, the Corridor shall— and future expansions to the International (2) by striking ‘‘(a)’’; and ‘‘(i) follow the alignment generally identified Bridge and its approaches, plaza areas, and as- (3) by striking subsection (b). in the Corridor 18 Special Issues Study Final sociated buildings and structures. (h) BRIDGE COMMISSIONS.—Public Law 87–441, Report; and (g) INFORMATION SERVICES.—A food business relating to bridge commissions created by Con- ‘‘(ii) run in an East/South direction to United that would otherwise be eligible to display a gress and Federal approval of membership of States Route 61 and cross the Mississippi River mainline business logo on a specific service food such commissions, is repealed. (in the vicinity of Memphis, Tennessee) to High- sign described in section 2G–5.7(4) of part IIG of (i) OTHER AMENDMENTS.— way 79, and then follow Highway 79 south to 2 the 1988 edition of the Manual on Uniform Traf- (1) Section 1023(h)(1) of Intermodal Surface miles west of Altimer, Arkansas, and across the fic Control Devices for Streets and Highways Transportation Efficiency Act of 1991 (23 U.S.C. Arkansas River at Lock and Dam Number 4, Ar- under the requirements specified in that section, 127 note) is amended by striking ‘‘the date on kansas, and then proceed south in the direction but for the fact that the business is open 6 days which Federal-aid highway and transit pro- of Monticello, Arkansas, and link up with the H1954 CONGRESSIONAL RECORD — HOUSE April 1, 1998

route proposed in the Corridor 18 Special Issues with the criteria set forth in subsections ‘‘(3) PEDESTRIAN.—The term ‘pedestrian’ Study Final Report which would continue to (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route means any person traveling by foot and any mo- Haynesville, Louisiana. I–69, including segments of United States Route bility impaired person using a wheelchair. ‘‘(B) In the Lower Rio Grande Valley, the 59 in the State of Texas. The segment identified ‘‘(4) WHEELCHAIR.—The term ‘wheelchair’ Corridor shall— in subsection (c)(18)(B)(i) shall be designated as means a mobility aid, usable indoors, and de- ‘‘(i) include United States Route 77 from the Interstate Route I–69 East, and the segment signed for and used by individuals with mobility Rio Grande River to Interstate Route 37 at Cor- identified in subsection (c)(18)(B)(ii) shall be impairments, whether operated manually or pus Christi, Texas, and then to Victoria, Texas, designated as Interstate Route I–69 Central. The powered.’’. via United States Route 77; State of Texas shall erect signs identifying such (b) PROTECTION OF NONMOTORIZED TRANSPOR- ‘‘(ii) include United States Route 281 from the routes as segments of future Interstate Route I– TATION TRAFFIC.—Section 109(n) is amended to Rio Grande River to Interstate Route 37 and 69. read as follows: then to Victoria, Texas, via United States Route ‘‘(ii) RULEMAKING TO DETERMINE FUTURE ‘‘(n) PROTECTION OF NONMOTORIZED TRANS- 59; and INTERSTATE SIGN ERECTION CRITERIA.—The Sec- PORTATION TRAFFIC.—The Secretary shall not ‘‘(iii) include’’; retary shall conduct a rulemaking to determine approve any project or take any regulatory ac- (D) in paragraph (21) by striking ‘‘United the appropriate criteria for the erection of signs tion under this title that will result in the sever- States Route 17 in the vicinity of Salamanca, for future routes on the Interstate System iden- ance of an existing major route or have signifi- New York’’ and inserting ‘‘Interstate Route 80’’; tified in subparagraph (A). Such rulemaking cant adverse impact on the safety for non- (E) by inserting ‘‘, including I–29 between shall be undertaken in consultation with States motorized transportation traffic and light mo- Kansas City and the Canadian border’’ before and local officials and shall be completed not torcycles, unless such project or regulatory ac- the period at the end of paragraph (23); and later than December 31, 1998.’’; tion provides for a reasonably alternate route or (F) by inserting after paragraph (29) the fol- (C) by striking the last sentence of subpara- such a route exits.’’. lowing: graph (A) and inserting it as the first sentence (c) RAILWAY-HIGHWAY CROSSINGS.—Section ‘‘(30) Interstate Route 5 in the States of Cali- of subparagraph (B)(i), as inserted by subpara- 130 is amended by adding at the end the follow- fornia, Oregon, and Washington, including graph (B) of this paragraph; and ing: California State Route 905 between Interstate (D) in subparagraph (D), as redesignated by ‘‘(j) BICYCLE SAFETY.—In carrying out Route 5 and the Otay Mesa Port of Entry. subparagraph (A) of this paragraph, by striking projects under this section, a State shall take ‘‘(31) The Mon-Fayette Expressway and ‘‘(C)’’ and inserting ‘‘(D)’’. into account bicycle safety.’’. Southern Beltway in Pennsylvania. (b) AMENDMENTS TO SURFACE TRANSPOR- (d) HIGHWAY AND STREET DESIGN STAND- ‘‘(32) The Wisconsin Development Corridor TATION ASSISTANCE ACT OF 1982.—Section 146 of ARDS.— from the Iowa, Illinois, and Wisconsin border the Surface Transportation Assistance Act of (1) STUDY.—Not later than 180 days after the near Dubuque, Iowa, to the Upper Mississippi 1982 (96 Stat. 2130), relating to lane restrictions, date of the enactment of this Act, the Secretary River Basin near Eau Claire, Wisconsin, as fol- is repealed. shall initiate, in conjunction with the American lows: SEC. 137. BICYCLE TRANSPORTATION AND PEDES- Association of State Highway and Transpor- ‘‘(A) United States Route 151 from the Iowa TRIAN WALKWAYS. tation Officials, a study to consider proposals to border to Fond du Lac via Madison, Wisconsin, (a) IN GENERAL.—Section 217 is amended— amend the policies of such association relating then United States Route 41 from Fond du Lac (1) in subsection (b)— to highway and street design standards to ac- to Marinette via Oshkosh, Appleton, and Green (A) by inserting ‘‘pedestrian walkways and’’ commodate bicyclists and pedestrians. Bay, Wisconsin. after ‘‘construction of’’; and (2) REPORT.—Not later than 2 years after such ‘‘(B) State Route 29 from Green Bay to I–94 (B) by striking ‘‘(other than the Interstate date of enactment, the Secretary shall transmit via Wausau, Chippewa Falls, and Eau Claire, System)’’; to Congress a report on the results of the study Wisconsin. (2) in subsection (e) by striking ‘‘, other than with any recommendations on amending the ‘‘(C) United States Route 10 from Appleton to a highway access to which is fully controlled,’’; policies referred to in paragraph (1) the Sec- Marshfield, Wisconsin. (3) by striking subsection (g) and inserting the retary determines appropriate. ‘‘(33) The Capital Gateway Corridor following following: (e) NATIONAL BICYCLE SAFETY EDUCATION United States Route 50 from the proposed inter- ‘‘(g) PLANNING AND DESIGN.—Bicyclists and CURRICULA.— modal transportation center connected to I–395 pedestrians shall be given due consideration in (1) DEVELOPMENT.—The Secretary is author- in Washington, D.C., to the intersection of the comprehensive transportation plans devel- ized to develop a national bicycle safety edu- United States Route 50 with Kenilworth Avenue oped by each metropolitan planning organiza- cation curricula that may include courses relat- and the Baltimore-Washington Parkway in tion and State in accordance with sections 134 ing to on-road training. Maryland. and 135, respectively. Bicycle transportation fa- (2) REPORT.—Not later than 12 months after ‘‘(34) The Alameda Corridor East generally cilities and pedestrian walkways shall be con- the date of the enactment of this Act, the Sec- described as 52.8 miles from east Los Angeles sidered, where appropriate, in conjunction with retary shall transmit to Congress a copy of the (terminus of Alameda Corridor) through the San all new construction and reconstruction of curricula. Gabriel Valley terminating at Colton Junction transportation facilities, except where bicycle (3) FUNDING.—From amounts made available in San Bernandino. and pedestrian use are not permitted. Transpor- under section 210 of this Act, the Secretary may ‘‘(35) Everett-Tacoma FAST Corridor. tation plans and projects shall provide due con- use not to exceed $500,000 for fiscal year 1998 to ‘‘(36) New York and Pennsylvania State sideration for safety and contiguous routes. carry out this subsection. Route 17 from Harriman, New York, to its inter- Safety considerations shall include the installa- (f) DESIGN GUIDANCE.—In implementing sec- section with I–90 in Pennsylvania. tion and maintenance of audible traffic signals tion 217(g) of title 23, United States Code, the ‘‘(37) United States Route 90 from I–49 in La- and audible signs at street crossings.’’; Secretary, in cooperation with the American As- fayette, Louisiana, to I–10 in New Orleans. (4) in subsection (h) by striking ‘‘No motorized sociation of State Highway and Transportation ‘‘(38) The Ports-to-Plains Corridor from the vehicles shall’’ and inserting ‘‘Motorized vehi- Officials, the Institute of Transportation Engi- Mexican Border via I–27 to Denver, Colorado. cles may not’’; neers, and other interested organizations, shall ‘‘(39) United States Route 63 from Marked (5) in subsection (h)(3) by striking ‘‘when develop guidance on the various approaches to Tree, Arkansas, to I–55.’’. State and local regulations permit,’’; accommodating bicycles and pedestrian travel. (2) PROVISIONS APPLICABLE TO CORRIDORS.— (6) in subsection (h)— The guidance shall address issues such as the Section 1105(e)(5)(A) of such Act is amended— (A) by striking ‘‘and’’ at the end of paragraph level and nature of the demand, volume, and (A) by inserting after ‘‘referred to’’ the first (3); speed of motor vehicle traffic, safety, terrain, place it appears the following: ‘‘in subsection (B) by redesignating paragraph (4) as para- cost, and sight distance. The guidance shall be (c)(1),’’; graph (5); and developed within 1 year after the date of the en- (B) by striking ‘‘and’’ the second place it ap- (C) by inserting after paragraph (3) the fol- actment of this Act. pears; and lowing: (C) by inserting after ‘‘(c)(20)’’ the following: ‘‘(4) when State or local regulations permit, SEC. 138. HAZARD ELIMINATION PROGRAM. ‘‘, in subsection (c)(36), and in subsection electric bicycles; and’’; and Section 152 is amended— (c)(37)’’. (7) by striking subsections (i) and (j) and in- (1) in subsection (a) by inserting ‘‘, (3) ROUTES.—Section 1105(e)(5) of such Act is serting the following: bicyclists,’’ after ‘‘motorists’’; further amended— ‘‘(i) DEFINITIONS.—In this section, the follow- (2) by adding at the end of subsection (a) the (A) by redesignating subparagraphs (B) and ing definitions apply: following: ‘‘In carrying out this section, States (C) as subparagraphs (C) and (D), respectively; ‘‘(1) BICYCLE TRANSPORTATION FACILITY.—The shall minimize any negative impact on safety (B) by inserting after subparagraph (A) the term ‘bicycle transportation facility’ means new and access for bicyclists and pedestrians.’’; following: or improved lanes, paths, or shoulders for use by (3) in subsection (b) by inserting after ‘‘(B) ROUTES.— bicyclists, traffic control devices, shelters, and ‘‘project’’ the following: ‘‘or safety improvement ‘‘(i) DESIGNATION.—The routes referred to in parking facilities for bicycles. project described in subsection (a)’’; and subsections (c)(18) and (c)(20) shall be des- ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi- (4) in subsections (f) and (g) by striking ignated as Interstate Route I–69. A State having cycle’ means any bicycle or tricycle with a low- ‘‘highway’’ each place it appears. jurisdiction over any segment of routes referred powered electric motor weighing under 100 SEC. 139. PROJECT ADMINISTRATION. to in subsections (c)(18) and (c)(20) shall erect pounds, with a top motor-powered speed not in (a) LIFE CYCLE COST ANALYSIS.—Section signs identifying such segment that is consistent excess of 20 miles per hour. 106(e) is amended— April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1955 (1) in paragraph (1) by striking ‘‘with a cost tion Act of 1995, as of the date of the enactment to the intersection of United States Route 50 of $25,000,000 or more’’; of this clause, shall not be subject to the re- with Kenilworth Avenue and the Baltimore- (2) by adding at the end of paragraph (1) the quirements of subparagraph (A).’’; and Washington Parkway in Maryland, which shall following: ‘‘The program shall be based on the (C) by indenting clause (i), as designated by include— principles contained in section 2 of Executive subparagraph (A) of this paragraph, and align- (1) engineering, pre-design, and design nec- Order 12893.’’; and ing it with clause (ii), as added by subpara- essary to improve the corridor; and (3) in paragraph (2) by inserting after ‘‘main- graph (B) of this paragraph; and (2) economic feasibility studies of financing tenance,’’ the following: ‘‘user costs,’’. (4) by adding at the end the following: the project, including the feasibility of repaying (b) EVALUATION OF PROCUREMENT PRACTICES ‘‘(H) COMPLIANCE.—A State shall comply, funds that may be borrowed from the Highway AND PROJECT DELIVERY.— with respect to any architecture, engineering, or Trust Fund to carry out the project. (1) STUDY.—The Comptroller General shall related service contract for any phase of a Fed- (e) CONSIDERATIONS FOR TIP.—In developing conduct a study to assess the impact that a util- eral-aid highway project, with the qualifica- the transportation improvement plan, the Au- ity company’s failure to relocate their facilities tions-based selection procedures of the Federal thority shall consider— in a timely manner has on the delivery and cost Acquisition Regulations, and with the single (1) how a tunnel or other method to re-route of Federal-aid highway and bridge projects. The audit procedures required under this paragraph, interstate traffic from the surface of New York study shall also assess the following: or with an existing State law or a statute en- Avenue may improve traffic on and access to the (A) Methods States use to mitigate such acted in accordance with the legislative session New York Avenue Corridor; and delays, including the use of the courts to compel exemption provided by subparagraph (G).’’. (2) how to improve access to the National Ar- utility cooperation. SEC. 141. COMMERCIAL MOTOR VEHICLE STUDY. boretum. (B) The prevalence and use of incentives to (a) STUDY.—The Secretary shall request the (f) REPORT.—Not later than 3 years after the utility companies for early completion of utility Transportation Research Board of the National date of the enactment of this Act, the Authority relocations on Federal-aid transportation Academy of Sciences to conduct a study regard- shall report to the Congress on any additional project sites and, conversely, penalties assessed ing the regulation of weights, lengths, and legal authorities it needs to carry out the trans- on utility companies for utility relocation delays widths of commercial motor vehicles operating portation improvement plan. on such projects. on Federal-aid highways to which Federal regu- (g) FUNDING.—The Authority is eligible to re- (C) The extent to which States have used lations currently apply. In conducting the ceive funds authorized under the National Cor- available technologies, such as subsurface util- study, the Board shall review current law, regu- ridor Planning and Development program estab- ity engineering, early in the design of Federal- lations, studies (including Transportation Re- lished in section 115. aid highway and bridge projects so as to elimi- search Board Special Report 225), and practices SEC. 143. DEFINITIONS. nate or reduce the need for or delays due to util- and develop recommendations regarding any re- ity relocations. Section 101(a) is amended to read as follows: (D) Whether individual States compensate visions to current law and regulations that the ‘‘(a) DEFINITIONS.—The following definitions transportation contractors for business costs Board deems appropriate. apply: (b) FACTORS TO CONSIDER AND EVALUATE.—In they incur when Federal-aid highway and ‘‘(1) APPORTIONMENT.—The term ‘apportion- developing recommendations under subsection bridge projects under contract to them are de- ment’ includes unexpended apportionments (a), the Board shall consider and evaluate the layed by utility company caused delays in util- made under prior authorization laws. impact of the recommendations described in sub- ity relocations and any methods used by States ‘‘(2) CARPOOL PROJECT.—The term ‘carpool section (a) on the economy, the environment, in making any such compensation. project’ means any project to encourage the use safety, and service to communities. (2) REPORT.—Not later than 1 year after the of carpools and vanpools, including provision of date of the enactment of this Act, the Comptrol- (c) CONSULTATION.—In carrying out the carpooling opportunities to the elderly and ler General shall transmit to Congress a report study, the Board shall consult the Department handicapped, systems for locating potential rid- on the results of the study with any rec- of Transportation, States, the motor carrier in- ers and informing them of carpool opportunities, ommendations the Comptroller General deter- dustry, freight shippers, highway safety groups, acquiring vehicles for carpool use, designating mines appropriate as a result of the study. air quality and natural resource management existing highway lanes as preferential carpool groups, commercial motor vehicle driver rep- highway lanes, providing related traffic control SEC. 140. CONTRACTING FOR ENGINEERING AND resentatives, and other appropriate entities. DESIGN SERVICES. devices, and designating existing facilities for (d) REPORT.—Not later than 2 years after the Section 112(b)(2) of title 23, United States use for preferential parking for carpools. date of the enactment of this Act, the Board Code, is amended— ‘‘(3) CONSTRUCTION.—The term ‘construction’ (1) in subparagraph (B)(i) by striking ‘‘, ex- shall transmit to Congress and the Secretary a means the supervising, inspecting, actual build- cept to’’ and all that follows through ‘‘serv- report on the results of the study conducted ing, and all expenses incidental to the construc- ices’’; under this section. tion or reconstruction of a highway, including (2) by striking subparagraph (C) and inserting (e) RECOMMENDATIONS.—Not later than 6 bond costs and other costs relating to the the following: months after the date of receipt of the report issuance in accordance with section 122 of bonds under subsection (d), the Secretary may trans- ‘‘(C) SELECTION, PERFORMANCE, AND AUDITS.— or other debt financing instruments and costs ‘‘(i) IN GENERAL.—All requirements for archi- mit to Congress a report containing comments or incurred by the State in performing Federal-aid tectural, engineering, and related services at recommendations of the Secretary regarding the project related audits which directly benefit the any phase of a highway project funded in whole report. Federal-aid highway program. Such term in- or in part with Federal-aid highway funds shall (f) FUNDING.—There is authorized to be appro- cludes— be performed under a contract awarded in ac- priated out of the Highway Trust Fund (other ‘‘(A) locating, surveying, and mapping (in- cordance with subparagraph (A) unless the sim- than the Mass Transit Account) $250,000 for cluding the establishment of temporary and per- plified acquisition procedures of the Federal Ac- each of fiscal years 1998 and 1999 to carry out manent geodetic markers in accordance with quisition Regulations of title 48, Code of Federal this subsection. specifications of the National Oceanic and At- Regulations, apply. (g) APPLICABILITY OF TITLE 23.—Funds made mospheric Administration in the Department of ‘‘(ii) PROHIBITION ON STATE RESTRICTIONS.—A available to carry out this section shall be avail- Commerce); State shall not impose any overhead restriction, able for obligation in the same manner as if ‘‘(B) resurfacing, restoration, and rehabilita- or salary limitation inconsistent with the Fed- such funds were apportioned under chapter 1 of tion; eral Acquisition Regulations, that would pre- title 23, United States Code; except that the Fed- ‘‘(C) acquisition of rights-of-way; clude any qualified firm from being eligible to eral share of the cost of the study under this ‘‘(D) relocation assistance, acquisition of re- compete for contracts awarded in accordance section shall be 100 percent and such funds shall placement housing sites, and acquisition and re- with subparagraph (A). remain available until expended. habilitation, relocation, and construction of re- ‘‘(iii) COMPLIANCE WITH FEDERAL ACQUISITION SEC. 142. NEW YORK AVENUE TRANSPORTATION placement housing; REGULATIONS.—The process for selection, award, DEVELOPMENT AUTHORITY. ‘‘(E) elimination of hazards of railway grade performance, administration, and audit of the (a) ESTABLISHMENT.—There is established an crossings; resulting contracts shall comply with the proce- authority to be known as the New York Avenue ‘‘(F) elimination of roadside obstacles; dures, cost principles, and cost accounting prin- Transportation Development Authority (herein- ‘‘(G) improvements which directly facilitate ciples of the Federal Acquisition Regulations, after in this section referred to as ‘‘Authority’’). and control traffic flow, such as grade separa- including parts 30, 31, and 36 of title 48, Code of (b) MEMBERSHIP.—The Authority shall be tion of intersections, widening of lanes, chan- Federal Regulations.’’; composed of 5 members appointed as follows: nelization of traffic, traffic control systems, and (3) in subparagraph (G)— (1) 3 individuals appointed by the President. passenger loading and unloading areas; and (A) by inserting ‘‘(i) GENERAL RULE.—’’ before (2) 2 individuals appointed by the mayor of ‘‘(H) capital improvements which directly fa- ‘‘Subpargraphs’’; the District of Columbia. cilitate an effective vehicle weight enforcement (B) by adding at the end the following: (c) COMPENSATION.—Members of the Authority program, such as scales (fixed and portable), ‘‘(ii) STATE OPTION.—Congress has determined may not receive pay, allowances, or benefits by scale pits, scale installation, and scale houses. that the State opt-out period for the contract reason of their service on the Authority. ‘‘(4) COUNTY.—The term ‘county’ includes cor- administration procedures has expired. States (d) DUTIES.—The Authority shall develop a responding units of government under any other that have complied with or received waivers transportation improvement plan for the Capital name in States which do not have county orga- from the Secretary regarding the requirements of Gateway Corridor and vicinity following United nizations and, in those States in which the section 307 of the National Highway Designa- States Route 50 from I–395 in Washington, D.C., county government does not have jurisdiction H1956 CONGRESSIONAL RECORD — HOUSE April 1, 1998 over highways, any local government unit vest- provement for installation of traffic surveillance nic beautification, including removal of graffiti ed with jurisdiction over local highways. and control equipment, computerized signal sys- and litter to the extent that such removal is in ‘‘(5) FEDERAL-AID HIGHWAYS.—The term ‘Fed- tems, motorist information systems, integrated excess of fiscal year 1997 maintenance levels for eral-aid highways’ means highways eligible for traffic control systems, incident management removal of graffiti and litter, historic preserva- assistance under this chapter other than high- programs, and transportation demand manage- tion, rehabilitation and operation of historic ways classified as local roads or rural minor col- ment facilities, strategies, and programs and transportation buildings, structures, or facilities lectors. such other capital improvements to public roads (including historic railroad facilities and ca- ‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Fed- as the Secretary may designate, by regulation; nals), preservation of abandoned railway cor- eral-aid system’ means any one of the Federal- except that such term does not include resur- ridors (including the conversion and use thereof aid highway systems described in section 103. facing, restoring, or rehabilitating improve- for pedestrian or bicycle trails), control and re- ‘‘(7) FEDERAL LANDS HIGHWAYS.—The term ments, construction of additional lanes, inter- moval of outdoor advertising, archaeological ‘Federal lands highways’ means forest high- changes, and grade separations, and construc- planning and research, environmental mitiga- ways, public lands highways, park roads, park- tion of a new facility on a new location. tion to address water pollution due to highway ways, and Indian reservation roads which are ‘‘(19) PARK ROAD.—The term ‘park road’ runoff or reduce vehicle-caused wildlife mortal- public roads. means a public road, including a bridge built ity while maintaining habitat connectivity, and ‘‘(8) FOREST DEVELOPMENT ROADS AND primarily for pedestrian use, but with capacity provision of tourist and welcome centers. TRAILS.—The term ‘forest development roads for use by emergency vehicles, that is located ‘‘(33) URBAN AREA.—The term ‘urban area’ and trails’ means a forest road or trail under within, or provides access to, an area in the Na- means an urbanized area or, in the case of an the jurisdiction of the Forest Service. tional Park System with title and maintenance ‘‘(9) FOREST HIGHWAY.—The term ‘forest high- urbanized area encompassing more than one way’ means a forest road under the jurisdiction responsibilities vested in the United States. State, that part of the urbanized area in each of, and maintained by, a public authority and ‘‘(20) PARKWAY.—The term ‘parkway’, as used such State, or urban place as designated by the open to public travel. in chapter 2 of this title, means a parkway au- Bureau of the Census having a population of ‘‘(10) FOREST ROAD OR TRAIL.—The term ‘for- thorized by Act of Congress on lands to which 5,000 or more and not within any urbanized est road or trail’ means a road or trail wholly or title is vested in the United States. area, within boundaries to be fixed by respon- partly within, or adjacent to, and serving the ‘‘(21) PROJECT.—The term ‘project’ means an sible State and local officials in cooperation National Forest System and which is necessary undertaking to construct a particular portion of with each other, subject to approval by the Sec- for the protection, administration, and utiliza- a highway, or if the context so implies, the par- retary. Such boundaries shall, as a minimum, tion of the National Forest System and the use ticular portion of a highway so constructed or encompass the entire urban place designated by and development of its resources. any other undertaking eligible for assistance the Bureau of the Census, except in the case of ‘‘(11) HIGHWAY.—The term ‘highway’ includes under this title. cities in the State of Maine and in the State of roads, streets, and parkways, and also includes ‘‘(22) PROJECT AGREEMENT.—The term ‘project New Hampshire. rights-of-way, bridges, railroad-highway cross- agreement’ means the formal instrument to be ‘‘(34) URBANIZED AREA.—The term ‘urbanized ings, tunnels, drainage structures, signs, guard- executed by the State highway department and area’ means an area with a population of 50,000 rails, and protective structures, in connection the Secretary as required by section 110(a). or more designated by the Bureau of the Census, with highways. It further includes that portion ‘‘(23) PUBLIC AUTHORITY.—The term ‘public within boundaries to be fixed by responsible of any interstate or international bridge or tun- authority’ means a Federal, State, county, State and local officials in cooperation with nel and the approaches thereto, the cost of town, or township, Indian tribe, municipal or each other, subject to approval by the Secretary. which is assumed by a State highway depart- other local government or instrumentality with Boundaries shall, at a minimum, encompass the ment, including such facilities as may be re- authority to finance, build, operate, or maintain entire urbanized area within a State as des- quired by the United States Customs and Immi- toll or toll-free facilities. ignated by the Bureau of the Census.’’. ‘‘(24) PUBLIC LANDS DEVELOPMENT ROADS AND gration Services in connection with the oper- TITLE II—HIGHWAY SAFETY ation of an international bridge or tunnel. TRAILS.—The term ‘public lands development SEC. 201. AMENDMENTS TO TITLE 23, UNITED ‘‘(12) HIGHWAY SAFETY IMPROVEMENT roads and trails’ means those roads or trails STATES CODE. PROJECT.—The term ‘highway safety improve- which the Secretary of the Interior determines Except as otherwise specifically provided, ment project’ means a project which corrects or are of primary importance for the development, whenever in this title an amendment or repeal is improves high hazard locations, eliminates road- protection, administration, and utilization of expressed in terms of an amendment to, or re- side obstacles, improves highway signing and public lands and resources under his control. peal of, a section or other provision of law, the pavement marking, installs priority control sys- ‘‘(25) PUBLIC LANDS HIGHWAY.—The term ‘pub- reference shall be considered to be made to a tems for emergency vehicles at signalized inter- lic lands highway’ means any highway through section or other provision of title 23, United sections, installs or replaces emergency motorist unappropriated or unreserved public lands, States Code. aid call boxes, or installs traffic control or nontaxable Indian lands, or other Federal res- warning devices at high accident potential loca- ervations under the jurisdiction of and main- SEC. 202. HIGHWAY SAFETY PROGRAMS. tions. tained by a public authority and open to public (a) UNIFORM GUIDELINES.—Section 402(a) is ‘‘(13) INDIAN RESERVATION ROADS.—The term travel. amended— ‘Indian reservation roads’ means public roads ‘‘(26) PUBLIC ROAD.—The term ‘public road’ (1) in the fourth sentence by striking ‘‘(4)’’ that are located within or provide access to an means any road or street under the jurisdiction and inserting ‘‘(4) to prevent accidents and’’; Indian reservation or Indian trust land or re- of and maintained by a public authority and and stricted Indian land which is not subject to fee open to public travel. (2) in the eighth sentence by striking ‘‘include title alienation without the approval of the Fed- ‘‘(27) RURAL AREAS.—The term ‘rural areas’ information obtained by the Secretary under eral Government, or Indian and Alaska Native means all areas of a State not included in urban section 4007 of the Intermodal Surface Transpor- villages, groups, or communities in which Indi- areas. tation Efficiency Act of 1991 and’’. ans and Alaskan Natives reside, whom the Sec- ‘‘(28) SECRETARY.—The term ‘Secretary’ means (b) ADMINISTRATION OF STATE PROGRAMS.— retary of the Interior has determined are eligible Secretary of Transportation. Section 402(b) is amended— for services generally available to Indians under ‘‘(29) STATE.—The term ‘State’ means any one (1) by striking ‘‘(b)(1)’’ and all that follows Federal laws specifically applicable to Indians. of the fifty States, the District of Columbia, or through paragraph (2) and inserting the follow- ‘‘(14) INTERSTATE SYSTEM.—The term ‘Inter- Puerto Rico. ing: state System’ means the Dwight D. Eisenhower ‘‘(30) STATE FUNDS.—The term ‘State funds’ ‘‘(b) ADMINISTRATION OF STATE PROGRAMS.— National System of Interstate and Defense High- includes funds raised under the authority of the ’’; ways described in section 103(e). State or any political or other subdivision there- (2) by redesignating paragraphs (3), (4), and ‘‘(15) MAINTENANCE.—The term ‘maintenance’ of, and made available for expenditure under (5) as paragraphs (1), (2), and (3), respectively; means the preservation of the entire highway, the direct control of the State highway depart- (3) in paragraph (1)(C), as so redesignated, by including surface, shoulders, roadsides, struc- ment. striking ‘‘paragraph (5)’’ and inserting ‘‘para- tures, and such traffic-control devices as are ‘‘(31) STATE HIGHWAY DEPARTMENT.—The term graph (3)’’; and necessary for its safe and efficient utilization. ‘State highway department’ means that depart- (4) in paragraph (2), as so redesignated, by ‘‘(16) NATIONAL HIGHWAY SYSTEM.—The term ment, commission, board, or official of any State striking ‘‘paragraph (3)(C)’’ and inserting ‘National Highway System’ means the Federal- charged by its laws with the responsibility for ‘‘paragraph (1)(C)’’. aid highway system described in section 103(b). highway construction. (c) APPORTIONMENT OF FUNDS.—The 6th sen- ‘‘(17) OPERATING COSTS FOR TRAFFIC MONITOR- ‘‘(32) TRANSPORTATION ENHANCEMENT ACTIVI- tence of section 402(c) is amended by inserting ING, MANAGEMENT, AND CONTROL.—The term ‘op- TIES.—The term ‘transportation enhancement ‘‘the apportionment to the Secretary of the Inte- erating costs for traffic monitoring, manage- activities’ means, with respect to any project or rior shall not be less than three-fourths of 1 per- ment, and control’ includes labor costs, adminis- the area to be served by the project, any of the cent of the total apportionment and’’ after ‘‘ex- trative costs, costs of utilities and rent, and following activities if such activity has a direct cept that’’. other costs associated with the continuous oper- link to surface transportation: provision of fa- (d) APPLICATION IN INDIAN COUNTRY.—Section ation of traffic control, such as integrated traf- cilities for pedestrians and bicycles, provision of 402(i) is amended to read as follows: fic control systems, incident management pro- safety and educational activities for pedestrians ‘‘(i) APPLICATION IN INDIAN COUNTRY.— grams, and traffic control centers. and bicyclists, acquisition of scenic easements ‘‘(1) IN GENERAL.—For the purpose of applica- ‘‘(18) OPERATIONAL IMPROVEMENT.—The term and scenic or historic sites, scenic or historic tion of this section in Indian country, the terms ‘operational improvement’ means a capital im- highway programs, landscaping and other sce- ‘State’ and ‘Governor of a State’ include the April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1957

Secretary of the Interior and the term ‘political ‘‘(C) in the fifth and sixth fiscal years in ‘‘(3) MULTIPURPOSE PASSENGER VEHICLE.—The subdivision of a State’ includes an Indian tribe. which the State receives the grant, 25 percent of term ‘multipurpose passenger vehicle’ means a Notwithstanding subsection (b)(1)(C), 95 percent the cost of implementing and enforcing, as ap- motor vehicle with motive power (except a trail- of the funds apportioned to the Secretary of the propriate, in such fiscal year such program. er), designed to carry not more than 10 individ- Interior under this section shall be expended by ‘‘(b) GRANT A.—A State may establish its eligi- uals, that is constructed either on a truck chas- Indian tribes to carry out highway safety pro- bility for a grant under this subsection by sis or with special features for occasional off- grams within their jurisdictions. The require- adopting or demonstrating to the satisfaction of road operation. ments of subsection (b)(1)(D) shall be applicable the Secretary at least 5 of the following and, be- ‘‘(4) PASSENGER CAR.—The term ‘passenger to Indian tribes, except to those tribes with re- ginning in fiscal year 2001, at least 6 of the fol- car’ means a motor vehicle with motive power spect to which the Secretary of Transportation lowing: (except a multipurpose passenger vehicle, motor- determines that application of such provisions ‘‘(1) SAFETY BELT USE LAW.—The State has in cycle, or trailer) designed to carry not more would not be practicable. effect a safety belt use law that makes unlawful than 10 individuals. ‘‘(2) INDIAN COUNTRY DEFINED.—In this sub- throughout the State the operation of a pas- ‘‘(5) PASSENGER MOTOR VEHICLE.—The term section, the term ‘Indian country’ means— senger motor vehicle whenever an individual ‘passenger motor vehicle’ means a passenger car ‘‘(A) all land within the limits of any Indian (other than a child who is secured in a child re- or a multipurpose passenger motor vehicle. reservation under the jurisdiction of the United straint system) in the front seat of the vehicle ‘‘(6) SAFETY BELT.—The term ‘safety belt’ States, notwithstanding the issuance of any (and, beginning in fiscal year 2000, in any seat means— patent, and including rights-of-way running in the vehicle) does not have a safety belt prop- ‘‘(A) with respect to open-body passenger ve- through the reservation; erly secured about the individual’s body. hicles, including convertibles, an occupant re- ‘‘(B) all dependent Indian communities within ‘‘(2) PRIMARY SAFETY BELT USE LAW.—The straint system consisting of a lap belt or a lap the borders of the United States, whether within State provides for primary enforcement of its belt and a detachable shoulder belt; and the original or subsequently acquired territory safety belt use law. ‘‘(B) with respect to other passenger vehicles, thereof and whether within or without the limits ‘‘(3) MINIMUM FINE OR PENALTY POINTS.—The an occupant restraint system consisting of inte- of a State; and State imposes a minimum fine, or provides for grated lap and shoulder belts. ‘‘(C) all Indian allotments, the Indian titles to the imposition of penalty points against an indi- ‘‘(f) ADMINISTRATIVE EXPENSES.—Funds au- which have not been extinguished, including vidual’s driver’s license, for a violation of its thorized to be appropriated to carry out this sec- rights-of-way running through such allot- safety belt use law. tion shall be subject to a deduction not to exceed ments.’’. ‘‘(4) CHILD SAFETY SEAT LAW.—The State has 5 percent for the necessary costs of administer- (e) RULEMAKING PROCEEDING.—Section 402(j) in effect a child passenger protection law that ing the provisions of this section. is amended to read as follows: makes unlawful throughout the State the oper- ‘‘(g) APPLICABILITY OF CHAPTER 1.— ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(j) RULEMAKING PROCEEDING.—The Secretary ation of a passenger motor vehicle whenever a vided in this subsection, all provisions of chap- may from time to time conduct a rulemaking child up to 4 years of age in the vehicle is not ter 1 of this title that are applicable to National process to identify highway safety programs properly secured in a child safety seat. Highway System funds, other than provisions that are highly effective in reducing motor vehi- ‘‘(5) SPECIAL TRAFFIC ENFORCEMENT PRO- relating to the apportionment formula and pro- cle crashes, injuries, and deaths. Any such rule- GRAM.—The State has implemented a statewide visions limiting the expenditure of such funds to making shall take into account the major role of special traffic enforcement program for occu- Federal-aid highways, shall apply to the funds the States in implementing such programs. pant protection that emphasizes publicity for authorized to be appropriated to carry out this When a rule promulgated in accordance with the program. section. this section takes effect, States shall consider ‘‘(6) CHILD OCCUPANT PROTECTION EDUCATION ‘‘(2) INCONSISTENT PROVISIONS.—If the Sec- these highly effective programs when developing PROGRAM.—The State has implemented a state- retary determines that a provision of chapter 1 their highway safety programs.’’. wide comprehensive child occupant protection of this title is inconsistent with this section, SEC. 203. HIGHWAY SAFETY RESEARCH AND DE- education program that includes education such provision shall not apply to funds author- VELOPMENT. about proper seating positions for children in ized to be appropriated to carry out this section. Section 403(a)(2)(A) is amended by inserting ‘‘, air bag equipped motor vehicles and instruction ‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI- including training in work zone safety manage- on how to reduce the improper use of child re- ment’’ after ‘‘personnel’’. TURES.—The aggregate of all expenditures made straints systems. during any fiscal year by a State and its politi- SEC. 204. OCCUPANT PROTECTION INCENTIVE ‘‘(7) CHILD PASSENGER PROTECTION LAW.—The cal subdivisions (exclusive of Federal funds) for GRANTS. State has in effect a child passenger protection carrying out the State highway safety program (a) IN GENERAL.—Chapter 4 is amended by in- law that makes unlawful throughout the State under section 402 (other than planning and ad- serting after section 404 the following: the operation of a passenger motor vehicle ministration) shall be available for the purpose ‘‘§ 405. Occupant protection incentive grants whenever a child up to 10 years of age (and, be- of crediting such State during such fiscal year ginning in fiscal year 2003, a child up to 16 ‘‘(a) GENERAL AUTHORITY.— for the non-Federal share of the cost of any ‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to years of age) in the vehicle is not properly re- project under this section (other than one for the provisions of this section, the Secretary shall strained. planning or administration) without regard to make grants under subsections (b) and (c) to ‘‘(c) GRANT B.—A State may establish its eligi- whether such expenditures were actually made States that adopt and implement effective pro- bility for a grant under this subsection by in connection with such project. grams to reduce highway deaths and injuries re- adopting or demonstrating to the satisfaction of ‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN sulting from individuals riding unrestrained or the Secretary each of the following: INDIAN TRIBE PROGRAMS.—In the case of an oc- ‘‘(1) STATE SAFETY BELT USE RATE.—The State improperly restrained in motor vehicles. Such cupant protection program carried out by an In- demonstrates a statewide safety belt use rate in grants may be used by recipient States only to dian tribe, if the Secretary is satisfied that an both front outboard seating positions in all pas- implement and enforce, as appropriate, such Indian tribe does not have sufficient funds senger motor vehicles of 80 percent or higher in programs. available to meet the non-Federal share of the ‘‘(2) MAINTENANCE OF EFFORT.—No grant may each of the years a grant under this subpara- cost of such program, the Secretary may in- be made to a State under subsection (b) or (c) in graph is received. crease the Federal share of the cost thereof pay- any fiscal year unless the State enters into such ‘‘(2) SURVEY METHOD.—The State follows safe- able under this title to the extent necessary. agreements with the Secretary as the Secretary ty belt use survey methods which conform to ‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY DE- may require to ensure that the State will main- guidelines issued by the Secretary ensuring that PARTMENT’.—In applying provisions of chapter 1 such measurements are accurate and represent- tain its aggregate expenditures from all other in carrying out this section, the term ‘State ative. sources for programs described in paragraph (1) highway department’ as used in such provisions ‘‘(d) GRANT AMOUNTS.—The amount of each at or above the average level of such expendi- shall mean the Governor of a State and, in the grant for which a State qualifies under sub- tures in its 2 fiscal years preceding the Building case of an Indian tribe program, the Secretary section (b) or (c) for a fiscal year shall equal up Efficient Surface Transportation and Equity of the Interior.’’. to 30 percent of the amount apportioned to the Act of 1998. (b) CONFORMING AMENDMENT.—The table of ‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FED- State for fiscal year 1997 under section 402 of sections for such chapter is amended by insert- ERAL SHARE FOR GRANTS.—No State may receive this title. ing after the item relating to section 404 the fol- ‘‘(e) DEFINITIONS.—In this subsection, the fol- grants under subsection (b) or (c) in more than lowing: 6 fiscal years beginning after September 30, 1997. lowing definitions apply: ‘‘405. Occupant protection incentive grants.’’. The Federal share payable for any grant under ‘‘(1) CHILD SAFETY SEAT.—The term ‘child this section shall not exceed— safety seat’ means any device (except safety SEC. 205. ALCOHOL-IMPAIRED DRIVING COUN- ‘‘(A) in the first and second fiscal years in belts) designed for use in a motor vehicle to re- TERMEASURES. which the State receives the grant, 75 percent of strain, seat, or position a child who weighs 50 Section 410 is amended to read as follows: the cost of implementing and enforcing, as ap- pounds or less. ‘‘§ 410. Alcohol-impaired driving counter- propriate, in such fiscal year a program adopted ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi- measures by the State; cle’ means a vehicle driven or drawn by me- ‘‘(a) GENERAL AUTHORITY.—Subject to the re- ‘‘(B) in the third and fourth fiscal years in chanical power and manufactured primarily for quirements of this section, the Secretary shall which the State receives the grant, 50 percent of use on public streets, roads, and highways, but make grants to States that adopt and implement the cost of implementing and enforcing, as ap- does not include a vehicle operated only on a effective programs to reduce traffic safety prob- propriate, in such fiscal year such program; and rail line. lems resulting from individuals driving while H1958 CONGRESSIONAL RECORD — HOUSE April 1, 1998

under the influence of alcohol. Such grants may ‘‘(i) a statewide program for stopping motor ‘‘(g) APPLICABILITY OF CHAPTER 1.— only be used by recipient States to implement vehicles on a nondiscriminatory, lawful basis ‘‘(1) IN GENERAL.—Except as otherwise pro- and enforce such programs. for the purpose of determining whether the op- vided in this subsection, all provisions of chap- ‘‘(b) MAINTENANCE OF EFFORT.—No grant may erators of such motor vehicles are driving while ter 1 of this title that are applicable to National be made to a State under this section in any fis- under the influence of alcohol; or Highway System funds, other than provisions cal year unless the State enters into such agree- ‘‘(ii) a statewide special traffic enforcement relating to the apportionment formula and pro- ments with the Secretary as the Secretary may program for impaired driving that emphasizes visions limiting the expenditure of such funds to require to ensure that the State will maintain its publicity for the program. Federal-aid highways, shall apply to the funds aggregate expenditures from all other sources ‘‘(E) REPEAT OFFENDERS.—Effective sanctions authorized to be appropriated to carry out this for alcohol traffic safety programs at or above for repeat offenders convicted of driving under section. the average level of such expenditures in its 2 the influence of alcohol. Such sanctions, as de- ‘‘(2) INCONSISTENT PROVISIONS.—If the Sec- fiscal years preceding the date of the enactment termined by the Secretary, may include elec- retary determines that a provision of chapter 1 of the Building Efficient Surface Transportation tronic monitoring; alcohol interlocks; intensive of this title is inconsistent with this section, and Equity Act of 1998. supervision of probation; vehicle impoundment, such provision shall not apply to funds author- ‘‘(c) MAXIMUM PERIOD OF ELIGIBILITY; FED- confiscation, or forfeiture; dedicated detention ized to be appropriated to carry out this section. ERAL SHARE FOR GRANTS.—No State may receive facilities; special measures to reduce driving ‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI- grants under this section in more than 6 fiscal with a suspended license; and assignment of TURES.—The aggregate of all expenditures made years beginning after September 30, 1997. The treatment. during any fiscal year by a State and its politi- Federal share payable for any grant under this ‘‘(F) DRIVERS WITH HIGH BAC’S.—Programs to cal subdivisions (exclusive of Federal funds) for section shall not exceed— target individuals with high blood alcohol con- carrying out the State highway safety program ‘‘(1) in the first and second fiscal years in centrations who operate a motor vehicle. Such under section 402 (other than planning and ad- which the State receives a grant under this sec- programs may include implementation of a sys- ministration) shall be available for the purpose tion, 75 percent of the cost of implementing and tem of graduated penalties and assessment of in- of crediting such State during such fiscal year enforcing in such fiscal year a program adopted dividuals convicted of driving under the influ- for the non-Federal share of the cost of any by the State pursuant to subsection (a); ence of alcohol. project under this section (other than one for ‘‘(2) in the third and fourth fiscal years in ‘‘(G) YOUNG ADULT DRINKING PROGRAMS.— planning or administration) without regard to which the State receives a grant under this sec- Programs to reduce driving while under the in- whether such expenditures were actually made tion, 50 percent of the cost of implementing and fluence of alcohol by individuals age 21 through in connection with such project. enforcing in such fiscal year such program; and 34. Such programs may include awareness cam- ‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN ‘‘(3) in the fifth and sixth fiscal years in paigns; traffic safety partnerships with employ- INDIAN TRIBE PROGRAMS.—In the case of an al- which the State receives a grant under this sec- ers, colleges, and the hospitality industry; as- cohol-impaired driving countermeasures pro- tion, 25 percent of the cost of implementing and sessment of first time offenders; and incorpora- gram carried out by an Indian tribe, if the Sec- enforcing in such fiscal year such program. tion of treatment into judicial sentencing. retary is satisfied that an Indian tribe does not ‘‘(d) BASIC GRANT ELIGIBILITY.— ‘‘(H) TESTING FOR BAC.—An effective system have sufficient funds available to meet the non- ‘‘(1) BASIC GRANT A.—A State shall become eli- for increasing the rate of testing for blood alco- Federal share of the cost of such program, the gible for a grant under this paragraph by adopt- hol concentration of motor vehicle drivers in Secretary may increase the Federal share of the ing or demonstrating to the satisfaction of the fatal accidents and, in fiscal year 2000 and in cost thereof payable under this title to the ex- Secretary at least 5 of the following: each fiscal year thereafter, a rate of such test- tent necessary. ‘‘(A) .08 BAC PER SE LAW.—A law that provides ing that is equal to or greater than the national ‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY DE- that any individual with a blood alcohol con- average. PARTMENT’.—In applying provisions of chapter 1 centration of 0.08 percent or greater while oper- ‘‘(2) BASIC GRANT B.—A State shall become eli- in carrying out this section, the term ‘State ating a motor vehicle shall be deemed to be driv- gible for a grant under this paragraph by adopt- highway department’ as used in such provisions ing while intoxicated. ing or demonstrating to the satisfaction of the shall mean the Governor of a State and, in the ‘‘(B) ADMINISTRATIVE LICENSE REVOCATION.— Secretary each of the following: case of an Indian tribe program, the Secretary An administrative driver’s license suspension or ‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE RE- of the Interior. revocation system for individuals who operate DUCTION.—The percentage of fatally injured ‘‘(h) DEFINITIONS.—In this section, the follow- motor vehicles while under the influence of alco- drivers with 0.10 percent or greater blood alco- ing definitions apply: hol that requires that— hol concentration in the State has decreased in ‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alco- ‘‘(i) in the case of an individual who, in any each of the 3 most recent calendar years for holic beverage’ has the meaning such term has 5-year period beginning after the date of the en- which statistics for determining such percent- under section 158(c) of this title. actment of the Building Efficient Surface Trans- ages are available. ‘‘(2) CONTROLLED SUBSTANCES.—The term portation and Equity Act of 1998, is determined ‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE ‘controlled substances’ has the meaning such on the basis of a chemical test to have been op- COMPARISON.—The percentage of fatally injured term has under section 102(6) of the Controlled erating a motor vehicle under the influence of drivers with 0.10 percent or greater blood alco- Substances Act (21 U.S.C. 802(6)). alcohol or is determined to have refused to sub- hol concentration in the State has been lower ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi- mit to such a test as proposed by a law enforce- than the average percentage for all States in cle’ means a vehicle driven or drawn by me- ment officer, the State agency responsible for each of the calendar years referred to in sub- chanical power and manufactured primarily for administering drivers’ licenses, upon receipt of paragraph (A). use on public streets, roads, and highways, but the report of the law enforcement officer— ‘‘(3) BASIC GRANT AMOUNT.—The amount of a does not include a vehicle operated only on a ‘‘(I) shall suspend the driver’s license of such basic grant made to a State for a fiscal year rail line.’’. individual for a period of not less than 90 days under this subsection shall equal up to 30 per- SEC. 206. STATE HIGHWAY SAFETY DATA IM- if such individual is a first offender in such 5- cent of the amount apportioned to the State for PROVEMENTS. year period; and fiscal year 1997 under section 402 of this title. (a) IN GENERAL.—Chapter 4 is further amend- ‘‘(II) shall suspend the driver’s license of such ‘‘(e) DISCRETIONARY GRANTS.— ed by adding at the end the following new sec- individual for a period of not less than 1 year, ‘‘(1) IN GENERAL.—Upon receiving an applica- tion: or revoke such license, if such individual is a re- tion from a State, the Secretary may make peat offender in such 5-year period; and grants to the State for carrying out innovative ‘‘§ 411. State highway safety data improve- ‘‘(ii) the suspension and revocation referred to programs (other than the programs specified in ments under clause (i) shall take effect not later than subsection (d)) to reduce traffic safety problems ‘‘(a) GENERAL AUTHORITY.—Subject to the 30 days after the day on which the individual resulting from individuals driving while under provisions of this section, the Secretary shall refused to submit to a chemical test or received the influence of alcohol or controlled sub- make grants to States that adopt and implement notice of having been determined to be driving stances. Such programs may seek to achieve effective programs to— under the influence of alcohol, in accordance such a reduction through legal, judicial, en- ‘‘(1) improve the timeliness, accuracy, com- with the State’s procedures. forcement, educational, technological, or other pleteness, uniformity, and accessibility of the ‘‘(C) UNDERAGE DRINKING PROGRAM.—An ef- approaches. State’s data needed to identify priorities for na- fective system, as determined by the Secretary, ‘‘(2) ELIGIBILITY.—A State shall be eligible to tional, State, and local highway and traffic for preventing operators of motor vehicles under receive a grant under this subsection in a fiscal safety programs; age 21 from obtaining alcoholic beverages and year only if the State is eligible to receive a ‘‘(2) evaluate the effectiveness of efforts to for preventing persons from making alcoholic grant under subsection (d) in such fiscal year. make such improvements; beverages available to individuals under age 21. ‘‘(3) FUNDING.—Of the amounts made avail- ‘‘(3) link these State data systems, including Such system may include a graduated licensing able to carry out this section, not to exceed 12 traffic records, together and with other data system, the issuance of drivers’ licenses to indi- percent shall be available for making grants systems within the State, such as systems that viduals under age 21 that are easily distinguish- under this subsection. contain medical and economic data; and able in appearance from drivers’ licenses issued ‘‘(f) ADMINISTRATIVE EXPENSES.—Funds au- ‘‘(4) improve State data systems’ compatibility to individuals age 21 years of age or older, and thorized to be appropriated to carry out this sec- with national data systems and those of other the issuance of drivers’ licenses that are tamper tion shall be subject to a deduction not to exceed States and enhance the Secretary’s ability to ob- resistant. 5 percent for the necessary costs of administer- serve and analyze national trends in crash oc- ‘‘(D) ENFORCEMENT PROGRAM.—Either— ing the provisions of this section. currences, rates, outcomes, and causation. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1959

Such grants may be used by recipient States ‘‘(2) GRANT AMOUNTS.—The amount of a first- ‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY DE- only to implement such programs. year grant made to a State for a fiscal year PARTMENT’.—In applying provisions of chapter 1 ‘‘(b) MODEL DATA ELEMENTS.—The Secretary, under this subsection shall equal— in carrying out this section, the term ‘State in consultation with States and other appro- ‘‘(A) if the State is eligible for the grant under highway department’ as used in such provisions priate parties, shall determine the model data paragraph (1)(A), $125,000, subject to the avail- shall mean the Governor of a State and, in the elements necessary to observe and analyze na- ability of appropriations; and case of an Indian tribe program, the Secretary tional trends in crash occurrences, rates, out- ‘‘(B) if the State is eligible for the grant under of the Interior.’’. comes, and causation. A State’s multiyear high- paragraph (1)(B), an amount determined by (b) CONFORMING AMENDMENT.—The table of way safety data and traffic records plan de- multiplying— sections for such chapter is amended by adding scribed in subsection (e)(1) shall demonstrate ‘‘(i) the amount appropriated to carry out this at the end the following: how the model data elements will be incor- section for such fiscal year; by ‘‘411. State highway safety data improve- porated into the State’s data systems for the ‘‘(ii) the ratio that the funds apportioned to ments.’’. State to be eligible for grants under this section. the State under section 402 for fiscal year 1997 SEC. 207. NATIONAL DRIVER REGISTER. ‘‘(c) MAINTENANCE OF EFFORT.—No grant may bears to the funds apportioned to all States (a) TRANSFER OF SELECTED FUNCTIONS TO be made to a State under this section in any fis- under section 402 for fiscal year 1997; NON-FEDERAL MANAGEMENT.—Section 30302 of cal year unless the State enters into such agree- except that no State shall receive less than title 49, United States Code, is amended by add- ments with the Secretary as the Secretary may $225,000, subject to the availability of appropria- ing at the end the following: require to ensure that the State will maintain its tions. ‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO aggregate expenditures from all other sources ‘‘(f) SUCCEEDING YEAR GRANTS.— NON-FEDERAL MANAGEMENT.— for highway safety data programs at or above ‘‘(1) ELIGIBILITY.—A State shall be eligible for ‘‘(1) AGREEMENT.—The Secretary may enter the average level of such expenditures in its 2 a grant under this subsection in any fiscal year into an agreement with an organization that fiscal years preceding the date of the enactment succeeding the first fiscal year in which the represents the interests of the States to manage, of the Building Efficient Surface Transportation State receives a grant under subsection (e) if the administer, and operate the National Driver and Equity Act of 1998. State, to the satisfaction of the Secretary— Register’s computer timeshare and user assist- ‘‘(d) MAXIMUM PERIOD OF ELIGIBILITY; FED- ‘‘(A) submits or updates a multiyear plan de- ance functions. If the Secretary decides to enter ERAL SHARE FOR GRANTS.—No State may receive scribed in subsection (e)(1)(A)(iii); into such an agreement, the Secretary shall en- grants under this section in more than 6 fiscal ‘‘(B) certifies that the highway safety data sure that the management of these functions is years beginning after September 30, 1997. The and traffic records coordinating committee of compatible with this chapter and the regula- Federal share payable for any grant under this the State continues to operate and supports the tions issued to implement this chapter. section shall not exceed— multiyear plan; and ‘‘(2) REQUIRED DEMONSTRATION.—Any trans- ‘‘(1) in the first and second fiscal years in ‘‘(C) reports annually on the State’s progress fer of the National Driver Register’s computer which the State receives the grant, 75 percent of in implementing the multiyear plan. timeshare and user assistance functions to an the cost of implementing and enforcing, as ap- ‘‘(2) GRANT AMOUNTS.—The amount of a suc- organization that represents the interests of the propriate, in such fiscal year a program adopted ceeding year grant made to the State for a fiscal States shall begin only after a determination is by the State; year under this paragraph shall equal the made by the Secretary that all States are par- ‘‘(2) in the third and fourth fiscal years in amount determined by multiplying— ticipating in the National Driver Register’s which the State receives the grant, 50 percent of ‘‘(A) the amount appropriated to carry out ‘Problem Driver Pointer System’ (the system the cost of implementing and enforcing, as ap- this section for such fiscal year; by used by the Register to effect the exchange of propriate, in such fiscal year such program; and ‘‘(B) the ratio that the funds apportioned to motor vehicle driving records), and that the sys- ‘‘(3) in the fifth and sixth fiscal years in the State under section 402 for fiscal year 1997 tem is functioning properly. which the State receives the grant under this bears to the funds apportioned to all States ‘‘(3) TRANSITION PERIOD.—Any agreement en- section, 25 percent of the cost of implementing under section 402 for fiscal year 1997; tered into under this subsection shall include a and enforcing, as appropriate, in such fiscal except that no State shall receive less than provision for a transition period sufficient to year such program. $225,000, subject to the availability of appropria- allow the States to make the budgetary and leg- ‘‘(e) FIRST-YEAR GRANTS.— tions. islative changes the States may need to pay fees ‘‘(1) ELIGIBILITY.—A State shall be eligible for ‘‘(g) ADMINISTRATIVE EXPENSES.—Funds au- charged by the organization representing their a first-year grant under this section in a fiscal thorized to be appropriated to carry out this sec- interests for their use of the National Driver year if the State either— tion shall be subject to a deduction not to exceed Register’s computer timeshare and user assist- ‘‘(A) demonstrates, to the satisfaction of the 5 percent for the necessary costs of administer- ance functions. During this transition period, Secretary, that the State has— ing the provisions of this section. the Secretary shall continue to fund these trans- ‘‘(i) established a highway safety data and ‘‘(h) APPLICABILITY OF CHAPTER 1.— ferred functions. traffic records coordinating committee with a ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(4) FEES.—The total of the fees charged by multidisciplinary membership, including the ad- vided in this subsection, all provisions of chap- the organization representing the interests of ministrators, collectors, and users of such data ter 1 of this title that are applicable to National the States in any fiscal year for the use of the (including the public health, injury control, and Highway System funds, other than provisions National Driver Register’s computer timeshare motor carrier communities); relating to the apportionment formula and pro- and user assistance functions shall not exceed ‘‘(ii) completed, within the preceding 5 years, visions limiting the expenditure of such funds to the total cost to the organization of performing a highway safety data and traffic records as- Federal-aid highways, shall apply to the funds these functions in such fiscal year. sessment or an audit of the State’s highway authorized to be appropriated to carry out this ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- safety data and traffic records system; and section. TION.—Nothing in this subsection may be con- ‘‘(iii) initiated the development of a multiyear ‘‘(2) INCONSISTENT PROVISIONS.—If the Sec- strued to diminish, limit, or otherwise affect the highway safety data and traffic records strate- retary determines that a provision of chapter 1 authority of the Secretary to carry out this gic plan, to be approved by the State’s highway of this title is inconsistent with this section, chapter.’’. (b) ACCESS TO REGISTER INFORMATION.— safety data and traffic records coordinating such provision shall not apply to funds author- ized to be appropriated to carry out this section. (1) CONFORMING AMENDMENTS.—Section committee, that identifies and prioritizes the 30305(b) of title 49, United States Code, is State’s highway safety data and traffic records ‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI- TURES.—The aggregate of all expenditures made amended— needs and goals, and that identifies perform- (A) in paragraph (2) by inserting before the during any fiscal year by a State and its politi- ance-based measures by which progress toward period at the end the following: ‘‘, unless the in- cal subdivisions (exclusive of Federal funds) for those goals will be determined; or formation is about a revocation or suspension carrying out the State highway safety program ‘‘(B) provides, to the satisfaction of the Sec- still in effect on the date of the request’’; under section 402 (other than planning and ad- retary— (B) in paragraph (8), as redesignated by sec- ministration) shall be available for the purpose ‘‘(i) a certification that the State has met the tion 207(b) of the Coast Guard Authorization of crediting such State during such fiscal year requirements of clauses (i) and (ii) of subpara- Act of 1996 (Public Law 104–324, 110 Stat. for the non-Federal share of the cost of any graph (A); 3908)— ‘‘(ii) a multiyear plan that— project under this section (other than one for (i) by striking ‘‘paragraph (2)’’ and inserting ‘‘(I) identifies and prioritizes the State’s high- planning or administration) without regard to ‘‘subsection (a) of this section’’; and way safety data and traffic records needs and whether such expenditures were actually made (ii) by moving the text of such paragraph 2 goals; in connection with such project. ems to the left; and ‘‘(II) specifies how the State’s incentive funds ‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN (C) by redesignating paragraph (8), as redes- for the fiscal year will be used to address those INDIAN TRIBE PROGRAMS.—In the case of a high- ignated by section 502(b)(1) of the Federal Avia- needs and goals; and way safety data improvements program carried tion Reauthorization Act of 1996 (Public Law ‘‘(III) identifies performance-based measures out by an Indian tribe, if the Secretary is satis- 104–264, 110 Stat. 3262), as paragraph (9). by which progress toward those goals will be de- fied that an Indian tribe does not have suffi- (2) FEDERAL AGENCY ACCESS PROVISION.—Sec- termined; and cient funds available to meet the non-Federal tion 30305(b) of title 49, United States Code, is ‘‘(iii) a certification that the State’s highway share of the cost of such program, the Secretary further amended— safety data and traffic records coordinating may increase the Federal share of the cost (A) by redesignating paragraph (6) as para- committee continues to operate and supports the thereof payable under this title to the extent graph (10) and inserting such paragraph after multiyear plan described in clause (ii). necessary. paragraph (9); H1960 CONGRESSIONAL RECORD — HOUSE April 1, 1998

(B) by inserting after paragraph (5) the fol- (2) FHWA HIGHWAY SAFETY PROGRAMS.—For ‘‘(1) CAPITAL PROJECT.—The term ‘capital lowing: carrying out section 402 of title 23, United States project’ means a project for— ‘‘(6) The head of a Federal department or Code, by the Federal Highway Administration ‘‘(A) acquiring, constructing, supervising, or agency that issues motor vehicle operator’s li- $12,000,000 for fiscal year 1998, $20,000,000 for inspecting equipment or a facility for use in censes may request the chief driver licensing of- fiscal year 1999, and $25,000,000 for each of fis- mass transportation, expenses incidental to the ficial of a State to obtain information under cal years 2000 through 2003. acquisition or construction (including designing, subsection (a) of this section about an individ- (3) NHTSA HIGHWAY SAFETY RESEARCH AND engineering, location surveying, mapping, and ual applicant for a motor vehicle operator’s li- DEVELOPMENT.—For carrying out section 403 of acquiring rights of way), payments for the cap- cense from such department or agency. The de- such title by the National Highway Traffic Safe- ital portions of rail trackage rights agreements, partment or agency may receive the informa- ty Administration $55,000,000 for each of fiscal transit-related intelligent transportation sys- tion, provided it transmits to the Secretary a re- years 1998 through 2003. tems, relocation assistance, acquiring replace- port regarding any individual who is denied a (4) FHWA HIGHWAY SAFETY RESEARCH AND DE- ment housing sites, and acquiring, constructing, motor vehicle operator’s license by that depart- VELOPMENT.—For carrying out section 403 of relocating, and rehabilitating replacement hous- ment or agency for cause; whose motor vehicle such title by the Federal Highway Administra- ing; operator’s license is revoked, suspended, or can- tion $20,000,000 for each of fiscal years 1998 ‘‘(B) rehabilitating a bus; celed by that department or agency for cause; or through 2003. ‘‘(C) remanufacturing a bus; about whom the department or agency has been (5) OCCUPANT PROTECTION INCENTIVE ‘‘(D) overhauling rail rolling stock; notified of a conviction of any of the motor ve- GRANTS.—For carrying out section 405 of such ‘‘(E) preventive maintenance; hicle-related offenses or comparable offenses title $9,000,000 for fiscal year 1998 and ‘‘(F) leasing equipment or a facility for use in listed in section 30304(a)(3) and over whom the $20,000,000 for each of fiscal years 1999 through mass transportation subject to regulations the department or agency has licensing authority. 2003. Secretary prescribes limiting the leasing ar- (6) ALCOHOL-IMPAIRED DRIVING COUNTER- The report shall contain the information speci- rangements to those that are more cost-effective MEASURES INCENTIVE GRANT PROGRAM.—For car- fied in section 30304(b).’’; and than acquisition or construction; or rying out section 410 of such title $35,000,000 for ‘‘(G) a mass transportation improvement that (C) by adding at the end the following: fiscal year 1998 and $45,000,000 for each of fiscal ‘‘(11) The head of a Federal department or enhances economic development or incorporates years 1999 through 2003. agency authorized to receive information re- private investment (including commercial and (7) STATE HIGHWAY SAFETY DATA GRANTS.—For garding an individual from the Register under residential development and pedestrian and bi- carrying out section 411 of such title $2,500,000 this section may request and receive such infor- cycle access to a mass transportation facility) for fiscal year 1998 and $12,000,000 for each of mation from the Secretary.’’. because the improvement— fiscal years 1999 through 2003. ‘‘(i) enhances the effectiveness of a mass SEC. 208. SAFETY STUDIES. (8) NATIONAL DRIVER REGISTER.—For carrying transportation project and is related physically (a) BLOWOUT RESISTANT TIRES STUDY.—The out chapter 303 of title 49, United States Code, or functionally to that mass transportation Secretary shall conduct a study on the benefit by the National Highway Traffic Safety Admin- project or establishes new or enhanced coordi- to public safety of the use of blowout resistant istration, $2,300,000 for each of fiscal years 1998 nation between mass transportation and other tires on commercial motor vehicles and the po- through 2003. transportation; and tential to decrease the incidence of accidents (b) TRANSFERS.—In each fiscal year, the Sec- ‘‘(ii) provides a fair share of revenue for mass and fatalities from accidents occurring as a re- retary may transfer any amounts remaining transportation that will be used for mass trans- sult of blown out tires. available under paragraph (5), (6), or (7) of sub- portation. (b) SCHOOL BUS OCCUPANT SAFETY STUDY.— section (a) to the amounts made available under ‘‘(2) CHIEF EXECUTIVE OFFICER OF A STATE.— The Secretary shall conduct a study to assess any other of such paragraphs in order to en- The term ‘chief executive officer of a State’ in- occupant safety in school buses. The study shall sure, to the maximum extent possible, that each cludes the designee of the chief executive officer. examine available information about occupant State receives the maximum incentive funding ‘‘(3) EMERGENCY REGULATION.—The term safety and analyze options for improving occu- for which the State is eligible under sections 405, ‘emergency regulation’ means a regulation— pant safety. 406, and 410 of title 23, United States Code. ‘‘(A) that is effective temporarily before the (c) REPORTS.—Not later than 2 years after the SEC. 211. TRANSPORTATION INJURY RESEARCH. expiration of the otherwise specified periods of date of the enactment of this Act, the Secretary (a) CENTER FOR TRANSPORTATION INJURY RE- time for public notice and comment under sec- shall transmit to Congress a report on the re- SEARCH.— tion 5334(b) of this title; and sults of each study conducted under this sec- (1) IN GENERAL.—The Secretary shall make ‘‘(B) prescribed by the Secretary of Transpor- tion. grants to establish and maintain a center for tation as the result of a finding that a delay in (d) LIMITATION ON FUNDING.—The Secretary transportation injury research at the Calspan the effective date of the regulation— may not expend more than $200,000, from funds University of Buffalo Research Center affiliated ‘‘(i) would injure seriously an important pub- made available by section 210, for conducting with the State University of New York at Buf- lic interest; each study under this section. falo. ‘‘(ii) would frustrate substantially legislative SEC. 209. EFFECTIVENESS OF LAWS ESTABLISH- (2) FUNDING.—Of the amounts made available policy and intent; or ING MAXIMUM BLOOD ALCOHOL for each of fiscal years 1998 through 2003 by sec- ‘‘(iii) would damage seriously a person or CONCENTRATIONS. tion 127(a)(3)(H) of this Act, $2,000,000 per fiscal class without serving an important public inter- (a) STUDY.—The Comptroller General shall year shall be available to carry out this sub- est. conduct a study to evaluate the effectiveness of section. ‘‘(4) FIXED GUIDEWAY.—The term ‘fixed guide- State laws that— (b) HEAD AND SPINAL CORD INJURY RE- way’ means a mass transportation facility— (1) deem any individual with a blood alcohol SEARCH.— ‘‘(A) using and occupying a separate right of concentration of 0.08 percent or greater while (1) IN GENERAL.—The Secretary shall make way or rail for the exclusive use of mass trans- operating a motor vehicle to be driving while in- grants to the Neuroscience Center for Excellence portation and other high occupancy vehicles; or toxicated; and at Louisiana State University and the Virginia ‘‘(B) using a fixed catenary system and a (2) deem any individual under the age of 21 Transportation Research Institute at George right of way usable by other forms of transpor- with a blood alcohol concentration of 0.02 per- Washington University for research and tech- tation. cent or greater while operating a motor vehicle nology development for preventing and minimiz- ‘‘(5) HANDICAPPED INDIVIDUAL.—The term to be driving while intoxicated; ing head and spinal cord injuries relating to ‘handicapped individual’ means an individual who, because of illness, injury, age, congenital in reducing the number and severity of alcohol- automobile accidents. malfunction, or other incapacity or temporary involved crashes. (2) FUNDING.—Of amounts made available for each of fiscal years 1999 through 2003 by section or permanent disability (including an individual (b) REPORT.—Not later than 2 years after the who is a wheelchair user or has semiambulatory date of the enactment of this Act, the Comptrol- 127(a)(3)(F), $500,000 per fiscal year shall be capability), cannot use effectively, without spe- ler General shall transmit to the Committee on available to carry out this subsection. cial facilities, planning, or design, mass trans- Transportation and Infrastructure of the House TITLE III—FEDERAL TRANSIT portation service or a mass transportation facil- of Representatives and the Committee on Public ADMINISTRATION PROGRAMS ity. Works and the Environment of the Senate a re- SEC. 301. AMENDMENTS TO TITLE 49, UNITED ‘‘(6) LOCAL GOVERNMENTAL AUTHORITY.—The port containing the results of the study con- STATES CODE. term ‘local governmental authority’ includes— ducted under this section. Except as otherwise specifically provided, whenever in this title an amendment or repeal is ‘‘(A) a political subdivision of a State; SEC. 210. AUTHORIZATIONS OF APPROPRIATIONS. ‘‘(B) an authority of at least one State or po- expressed in terms of an amendment to, or re- (a) IN GENERAL.—The following sums are au- litical subdivision of a State; peal of, a section or other provision of law, the thorized to be appropriated out of the Highway ‘‘(C) an Indian tribe; and Trust Fund (other than the Mass Transit Ac- reference shall be considered to be made to a ‘‘(D) a public corporation, board, or commis- count): section or other provision of title 49, United sion established under the laws of a State. (1) NHTSA HIGHWAY SAFETY PROGRAMS.—For States Code. ‘‘(7) MASS TRANSPORTATION.—The term ‘mass carrying out section 402 of title 23, United States SEC. 302. DEFINITIONS. transportation’ means transportation by a con- Code, by the National Highway Traffic Safety Section 5302 is amended to read as follows: veyance that provides regular and continuing Administration $128,200,000 for fiscal year 1998, ‘‘§ 5302. Definitions general or special transportation to the public, $150,700,000 for fiscal year 1999, and $195,700,000 ‘‘(a) IN GENERAL.—In this chapter, the follow- but does not include school bus, charter, or for each of fiscal years 2000 through 2003. ing definitions apply: sightseeing transportation. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1961

‘‘(8) NET PROJECT COST.—The term ‘net project appropriate, the metropolitan transportation (B) by striking the period at the end of sub- cost’ means the part of a project that reasonably planning process may include consideration of paragraph (C) and inserting ‘‘; and’’; and cannot be financed from revenues. goals and objectives that— (C) by adding at the end the following: ‘‘(9) NEW BUS MODEL.—The term ‘new bus ‘‘(A) support the economic vitality of the met- ‘‘(D) may include, for illustrative purposes, model’ means a bus model (including a model ropolitan area, especially by enabling global additional projects that would be included in using alternative fuel)— competitiveness, productivity, and efficiency; the adopted transportation plan if reasonable ‘‘(A) that has not been used in mass transpor- ‘‘(B) increase the safety and security of the additional resources beyond those identified in tation in the United States before the date of transportation system for all users; the financial plan were available.’’. production of the model; or ‘‘(C) increase the accessibility and mobility for SEC. 305. TRANSPORTATION MANAGEMENT ‘‘(B) used in mass transportation in the people and freight; AREAS. United States but being produced with a major ‘‘(D) protect and enhance the environment, Section 5305(d)(1) is amended by striking ‘‘of change in configuration or components. conserve energy, and enhance quality of life; the National Highway System’’ each place it ap- ‘‘(10) PREVENTIVE MAINTENANCE.—The term ‘‘(E) enhance the integration and connectivity pears and inserting the following: ‘‘under the ‘preventive maintenance’ means a major activity of the transportation system, across and be- National Highway System and high risk road intended to improve or upgrade a transit vehicle tween modes, for people and freight; safety programs,’’. ‘‘(F) promote efficient system utilization and or facility or repair or replace a damaged, mal- SEC. 306. URBANIZED AREA FORMULA GRANTS. operation; and functioning, overaged, or outmoded transit vehi- (a) SECTION HEADING.— ‘‘(G) preserve and optimize the existing trans- cle or facility system, subsystem, element, or (1) AMENDMENT TO SECTION.—Section 5307 is portation system. component. Such term does not include any ac- amended by striking the section heading and in- tivity of a routine or servicing nature, such as This paragraph shall apply to the development serting the following: checking and replenishing fluid levels, adjusting of long-range transportation plans and trans- settings on otherwise properly operating compo- portation improvement programs. ‘‘§ 5307. Urbanized area formula grants’’. nents, washing and cleaning a transit vehicle or ‘‘(2) CONVERSION TO GOALS AND OBJECTIVES.— (2) CONFORMING AMENDMENT.—The item relat- facility, changing tires and wheels, or repairing The metropolitan planning organization shall ing to section 5307 in the table of sections for damage to a vehicle or facility caused by an ac- cooperatively determine with the State and mass chapter 53 is amended to read as follows: cident. transportation operators how the considerations ‘‘5307. Urbanized area formula grants.’’. ‘‘(11) PUBLIC TRANSPORTATION.—The term listed in paragraph (1) are translated into met- (b) DEFINITIONS.—Section 5307(a) is amend- ‘public transportation’ means mass transpor- ropolitan goals and objectives and how they are ed— tation. factored into decisionmaking.’’. (1) by striking ‘‘In this section—’’ and insert- ‘‘(12) REGULATION.—The term ‘regulation’ (b) COORDINATION.—Section 5303(e) is amend- ing ‘‘In this section, the following definitions means any part of a statement of general or par- ed by adding at the end the following: apply:’’; ‘‘(4) PROJECT LOCATED IN MULTIPLE MPOS.—If ticular applicability of the Secretary of Trans- (2) by inserting ‘‘ASSOCIATED CAPITAL MAINTE- a project is located within the boundaries of portation designed to carry out, interpret, or NANCE ITEMS.—The term’’ after ‘‘(1)’’; and prescribe law or policy in carrying out this more than one metropolitan planning organiza- (3) by inserting ‘‘DESIGNATED RECIPIENT.—The chapter. tion, the metropolitan planning organizations term’’ after ‘‘(2)’’. ‘‘(13) STATE.—The term ‘State’ means a State shall coordinate plans regarding the project.’’. (c) GENERAL AUTHORITY.—Section 5307(b) is of the United States, the District of Columbia, (c) LONG-RANGE TRANSPORTATION PLAN.—Sec- amended— Puerto Rico, the Northern Mariana Islands, tion 5303(f) is amended— (1) in paragraph (1)— Guam, American Samoa, and the Virgin Islands. (1) in paragraph (1) by inserting ‘‘transpor- (A) by striking ‘‘, improvement, and operating ‘‘(14) TRANSIT.—The term ‘transit’ means mass tation’’ after ‘‘long-range’’; costs’’ and inserting ‘‘and improvement costs’’; (2) in paragraph (1) by striking ‘‘at least transportation. and ‘‘(15) TRANSIT ENHANCEMENT.—The term ‘tran- shall—’’ and inserting ‘‘shall contain, at a mini- (B) by adding at the end the following new sit enhancement’ means with respect to any mum, the following:’’; sentence: ‘‘In an urbanized area with a popu- (3) in paragraph (1)(A)— project or an area to be served by the project, lation of less than 200,000, the Secretary may (A) by striking ‘‘identify’’ and inserting ‘‘An historic preservation, rehabilitation, and oper- also make grants under this section to finance identification of’’; and ation of historic mass transportation buildings, the operating cost of equipment and facilities for (B) by striking the semicolon at the end and structures, and facilities (including historic bus use in mass transportation.’’; and railroad facilities and canals); projects that inserting a period; (4) by striking paragraph (1)(B) and inserting (2) by striking paragraphs (3) and (5); and enhance transit safety and security; land- (3) by redesignating paragraph (4) as para- scaping and other scenic beautification and art the following: ‘‘(B) A financial plan that demonstrates how graph (3). in and around mass transportation stations, fa- the adopted transportation plan can be imple- (d) ADVANCE CONSTRUCTION.—Section cilities, bus shelters, bridges, and buses; bicycle mented, indicates resources from public and pri- 5307(g)(3) is amended by striking ‘‘the amount and pedestrian access to mass transportation, vate sources that are reasonably expected to be by which’’ and all that follows through the pe- including bicycle storage facilities and installing made available to carry out the plan and rec- riod at the end and inserting ‘‘the most favor- equipment for transporting bicycles on mass ommends any additional financing strategies for able financing terms reasonably available for transportation vehicles; projects that enhance needed projects and programs. The financial the project at the time of borrowing. The appli- access for the disabled to mass transportation; plan may include, for illustrative purposes, ad- cant shall certify, in a manner satisfactory to and archaeological planning and research relat- ditional projects that would be included in the the Secretary, that the applicant has shown ed to mass transportation projects. adopted transportation plan if reasonable addi- reasonable diligence in seeking the most favor- ‘‘(16) URBAN AREA.—The term ‘urban area’ tional resources beyond those identified in the able financing terms.’’. means an area that includes a municipality or (e) COORDINATION OF REVIEWS.—Section financial plan were available. For the purpose other built-up place that the Secretary of Trans- 5307(i)(2) is amended by adding at the end the of developing the transportation plan, the met- portation, after considering local patterns and following: ‘‘To the extent practicable, the Sec- ropolitan planning organization and State shall trends of urban growth, decides is appropriate retary shall coordinate such reviews with any cooperatively develop estimates of funds that for a local mass transportation system to serve related State or local reviews.’’. will be available to support plan implementa- individuals in the locality. (f) TRANSIT ENHANCEMENT ACTIVITIES.—Sec- tion.’’; ‘‘(17) URBANIZED AREA.—The term ‘urbanized (5) in paragraph (1)(C)— tion 5307(k) is amended to read as follows: area’ means an area— (A) by striking ‘‘assess’’ and inserting ‘‘An as- ‘‘(k) TRANSIT ENHANCEMENT ACTIVITIES.—2 ‘‘(A) encompassing at least an urbanized area sessment of’’; and percent of the funds apportioned to urbanized within a State that the Secretary of Commerce (B) by striking ‘‘; and’’ and inserting a pe- areas of at least 200,000 population under sec- designates; and riod; tion 5336 for a fiscal year shall only be available ‘‘(B) designated as an urbanized area within (6) in paragraph (1)(D) by striking ‘‘indicate’’ for transit enhancement activities.’’. boundaries fixed by State and local officials and and inserting ‘‘Indicate’’; (g) CONFORMING AMENDMENTS.—Section approved by the Secretary of Transportation. (7) in paragraph (4) by inserting after ‘‘em- 5307(n) is amended— ‘‘(b) AUTHORITY TO MODIFY ‘HANDICAPPED ployees,’’ the following: ‘‘freight shippers and (1) by striking ‘‘(1)’’ the first place it appears INDIVIDUAL’.—The Secretary of Transportation providers of freight transportation services,’’; and all that follows through ‘‘(2)’’; and by regulation may modify the definition of sub- and (2) by inserting ‘‘5319,’’ after ‘‘5318,’’. section (a)(5) as it applies to section (8) in paragraph (5) by inserting ‘‘transpor- SEC. 307. MASS TRANSIT ACCOUNT BLOCK 5307(d)(1)(D) of this title.’’. tation’’ before ‘‘plan’’. GRANTS. SEC. 303. METROPOLITAN PLANNING. SEC. 304. TRANSPORTATION IMPROVEMENT PRO- Section 5308, and the item relating to section (a) GOALS AND OBJECTIVES OF PLANNING GRAM. 5308 in the table of sections for chapter 53, are PROCESS.—Section 5303(b) is amended to read as Section 5304 is amended— repealed. follows: (1) in subsection (a) by striking ‘‘2 years’’ and SEC. 308. CAPITAL PROGRAM GRANTS AND ‘‘(b) GOALS AND OBJECTIVES OF PLANNING inserting ‘‘3 years’’; and LOANS. PROCESS.— (2) in subsection (b)(2)— (a) SECTION HEADING.—Section 5309 is amend- ‘‘(1) CONSIDERATION.—To the extent that the (A) by striking ‘‘and’’ at the end of subpara- ed in the section heading by striking ‘‘Discre- metropolitan planning organization determines graph (B); tionary’’ and inserting ‘‘Capital program’’. H1962 CONGRESSIONAL RECORD — HOUSE April 1, 1998

(b) CONFORMING AMENDMENT.—The item re- available within the proposed project timetable; project financed completely with amounts made lating to section 5309 in the table of sections for and available from the Highway Trust Fund (other chapter 53 is amended by striking ‘‘Discre- ‘‘(iii) local resources are available to operate than the Mass Transit Account). tionary’’ and inserting ‘‘Capital program’’. the overall proposed mass transportation system ‘‘(D) PREVIOUSLY ISSUED LETTER OF INTENT OR (c) GENERAL AUTHORITY.—Section 5309(a) is (including essential feeder bus and other serv- FULL FUNDING GRANT AGREEMENT.—This sub- amended— ices necessary to achieve the projected ridership section does not apply to projects for which the (1) by striking paragraph (1)(E) and inserting levels) without requiring a reduction in existing Secretary has issued a letter of intent or entered the following: mass transportation services to operate the pro- into a full funding grant agreement before the ‘‘(E) capital projects to modernize existing posed project. date of the enactment of this subparagraph.’’. fixed guideway systems;’’; ‘‘(B) STABILITY, RELIABILITY, AND AVAILABIL- (f) LETTERS OF INTENT AND FULL FUNDING (2) by striking ‘‘and’’ at the end of paragraph ITY OF LOCAL FINANCING.—In assessing the sta- GRANT AGREEMENTS.—Section 5309(g) is amend- (1)(F); bility, reliability, and availability of proposed ed— (3) by striking the period at the end of para- sources of local financing for the project, the (1) in the subsection heading by striking ‘‘FI- graph (1)(G) and inserting ‘‘; and’’; and Secretary shall consider— NANCING’’ and inserting ‘‘FUNDING’’; (4) by inserting after paragraph (1)(G) the fol- ‘‘(i) existing grant commitments; (2) by striking ‘‘full financing’’ each place it lowing: ‘‘(ii) the degree to which financing sources are appears and inserting ‘‘full funding’’; and ‘‘(H) capital projects to replace, rehabilitate, dedicated to the purposes proposed; (3) in paragraph (1)(B)— and purchase buses and related equipment and ‘‘(iii) any debt obligation that exists or is pro- (A) by striking ‘‘30 days’’ and inserting ‘‘60 to construct bus-related facilities.’’. posed by the recipient for the proposed project days’’; (B) by inserting before the first comma ‘‘or en- (d) CONSIDERATION OF DECREASED COMMUTER or other mass transportation purpose; and tering into a full funding grant agreement’’; RAIL TRANSPORTATION.—Section 5309(c) is re- ‘‘(iv) the extent to which the project has a and pealed. local financial commitment that exceeds the re- (C) by striking ‘‘issuance of the letter.’’ and (e) CRITERIA FOR GRANTS AND LOANS FOR quired non-Federal share of the cost of the inserting ‘‘letter or agreement. The Secretary FIXED GUIDEWAY SYSTEMS.—Section 5309(e) is project. shall include with the notification a copy of the amended to read as follows: ‘‘(5) REGULATIONS.—No later than 120 days proposed letter or agreement as well as the eval- ‘‘(e) CRITERIA FOR GRANTS AND LOANS FOR after the date of the enactment of the Building uations and ratings for the project.’’. FIXED GUIDEWAY SYSTEMS.— Efficient Surface Transportation and Equity (g) ALLOCATING AMOUNTS.—Section 5309(m) is Act of 1998, the Secretary shall issue regulations ‘‘(1) IN GENERAL.—The Secretary of Transpor- amended to read as follows: tation may approve a grant or loan under this on how the Secretary will evaluate and rate the ‘‘(m) ALLOCATING AMOUNTS.— section for a capital project for a new fixed projects based on the results of alternatives ‘‘(1) IN GENERAL.—Of the amounts made avail- guideway system or extension of an existing analysis, project justification, and the degree of able by section 5338(b) for grants and loans fixed guideway system only if the Secretary de- local financial commitment as required under under this section for each of fiscal years 1998 termines that the proposed project is— this subsection. through 2003— ‘‘(A) based on the results of an alternatives ‘‘(6) PROJECT EVALUATION AND RATING.—A ‘‘(A) 40 percent shall be available for fixed analysis and preliminary engineering; proposed project may advance from alternatives guideway modernization; ‘‘(B) justified based on a comprehensive re- analysis to preliminary engineering, and may ‘‘(B) 40 percent shall be available for capital view of its mobility improvements, environ- advance from preliminary engineering to final projects for new fixed guideway systems and ex- mental benefits, cost effectiveness, and operat- design and construction, only if the Secretary tensions to existing fixed guideway systems; and ing efficiencies; and finds that the project meets the requirements of ‘‘(C) 20 percent shall be available to replace, ‘‘(C) supported by an acceptable degree of this section and there is a reasonable likelihood rehabilitate, and buy buses and related equip- local financial commitment, including evidence that the project will continue to meet such re- ment and to construct bus-related facilities. of stable and dependable financing sources to quirements. In making such findings, the Sec- ‘‘(2) LIMITATION ON AMOUNTS AVAILABLE FOR construct, maintain, and operate the system or retary shall evaluate and rate the project as ei- ACTIVITIES OTHER THAN FINAL DESIGN AND CON- extension. ther highly recommended, recommended, or not STRUCTION.—Not more than 8 percent of the ‘‘(2) ALTERNATIVES ANALYSIS AND PRELIMI- recommended based on the results of alter- amounts made available in each fiscal year by NARY ENGINEERING.—In evaluating a project natives analysis, the project justification cri- paragraph (1)(B) shall be available for activities under paragraph (1)(A), the Secretary shall teria, and the degree of local financial commit- other than final design and construction. analyze and consider the results of the alter- ment as required under this subsection. In rat- ‘‘(3) BUS AND BUS FACILITY GRANTS.— natives analysis and preliminary engineering ing the projects, the Secretary shall provide, in ‘‘(A) CONSIDERATION.—In making grants for the project. addition to the overall project rating, individual under paragraph (1)(C), the Secretary shall con- ‘‘(3) PROJECT JUSTIFICATION.—In evaluating a ratings for each criteria established under the sider the age of buses, bus fleets, related equip- project under paragraph (1)(B), the Secretary regulations issued under paragraph (5). ment, and bus-related facilities. shall— ‘‘(7) FULL FUNDING GRANT AGREEMENT.—A ‘‘(B) FUNDING FOR BUS TESTING FACILITY.—Of ‘‘(A) consider the direct and indirect costs of project financed under this subsection shall be the amounts made available by paragraph relevant alternatives; carried out through a full funding grant agree- (1)(C), $3,000,000 shall be available in each of ‘‘(B) consider factors such as congestion re- ment. The Secretary shall enter into a full fund- fiscal years 1998 through 2003 to carry out sec- lief, improved mobility, air pollution, noise pol- ing grant agreement based on the evaluations tion 5318. lution, energy consumption, and all associated and ratings required under this subsection. The ‘‘(C) FUNDING FOR BUS TECHNOLOGY PILOT ancillary and mitigation costs necessary to Secretary shall not enter into a full funding PROGRAM.—Of the funds made available by carry out each alternative analyzed; grant agreement for a project unless that project paragraph (1)(C), 10 percent shall be available ‘‘(C) identify and consider existing mass is authorized for final design and construction. in each of fiscal years 1998 through 2003 to carry out the bus technology pilot program under sub- transportation supportive land use policies and ‘‘(8) LIMITATIONS ON APPLICABILITY.— future land use patterns and the costs of urban ‘‘(A) PROJECTS WITH A SECTION 5309 FEDERAL section (o). ‘‘(D) OTHER THAN URBANIZED AREAS.—Of sprawl; SHARE OF LESS THAN $25,000,000.—A project for a ‘‘(D) consider the degree to which the project new fixed guideway system or extension of an amounts made available by paragraph (1)(C), increases the mobility of the mass transportation existing fixed guideway system is not subject to not less than 5.5 percent shall be available in dependent population or promotes economic de- the requirements of this subsection, and the si- each fiscal year for other than urbanized areas. ‘‘(4) ELIGIBILITY FOR ASSISTANCE FOR MUL- velopment; multaneous evaluation of similar projects in at TIPLE PROJECTS.—A person applying for, or re- ‘‘(E) consider population density, current least 2 corridors in a metropolitan area may not ceiving, assistance for a project described in transit ridership in the corridor, and cost per be limited, if the assistance provided under this clause (A), (B), or (C) of paragraph (1) may re- new rider; section with respect to the project is less than ceive assistance for a project described in an- ‘‘(F) consider the technical capability of the $25,000,000. other of those clauses.’’. grant recipient to construct the project; ‘‘(B) PROJECTS IN NONATTAINMENT AREAS.— (h) ADVANCE CONSTRUCTION.—Section ‘‘(G) adjust the project justification to reflect The simultaneous evaluation of projects in at 5309(n)(2) is amended by striking ‘‘in a way’’ differences in local land, construction, and op- least 2 corridors in a metropolitan area may not and inserting ‘‘in a manner’’. erating costs; and be limited and the Secretary shall make deci- (i) CONFORMING AMENDMENTS.— ‘‘(H) consider other factors the Secretary de- sions under this subsection with expedited pro- (1) RELOCATION OF SUBSECTION.—Section 5309 termines appropriate to carry out this chapter. cedures that will promote carrying out an ap- is amended— ‘‘(4) LOCAL FINANCIAL COMMITMENT.— proved State Implementation Plan in a timely (A) by striking subsection (f); and ‘‘(A) EVALUATION OF PROJECT.—In evaluating way if a project is— (B) by redesignating subsections (g) through a project under paragraph (1)(C), the Secretary ‘‘(i) located in a nonattainment area; (o) as subsections (f) through (n), respectively. shall require that— ‘‘(ii) a transportation control measure (as de- (2) CROSS REFERENCES.—Chapter 53 is amend- ‘‘(i) the proposed project plan provides for the fined by the Clean Air Act (42 U.S.C. 7401 et ed— availability of contingency amounts the Sec- seq.)); and (A) in section 5319 by striking ‘‘5309(h)’’ and retary determines to be reasonable to cover un- ‘‘(iii) required to carry out the State Imple- inserting ‘‘5309(g)’’; anticipated cost increases; mentation Plan. (B) in section 5328(a)(2) by striking ‘‘(ii) each proposed local source of capital and ‘‘(C) PROJECTS FINANCED WITH HIGHWAY ‘‘5309(e)(1)–(6) of this title’’ and inserting operating financing is stable, reliable, and FUNDS.—This subsection does not apply to a ‘‘5309(e)’’; and April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1963

(C) in section 5328(a)(4) by striking (l) PROJECT DEFINED.—Section 5309 is further costs, risks, and rewards of early deployment of ‘‘5309(m)(2) of this title’’ and inserting amended by adding at the end the following: innovation. Such grants, contracts, and agree- ‘‘5309(o)(1)’’. ‘‘(q) PROJECT DEFINED.—In this section, the ments shall be subject to such terms and condi- (3) REFERENCES TO FULL FUNDING GRANT term ‘project’ means, with respect to a new fixed tions as the Secretary prescribes. AGREEMENTS.—Sections 5320 and 5328(a)(4) are guideway system or extension to an existing ‘‘(3) CONSULTATION REQUIREMENT.—This sub- each amended by striking ‘‘full financing’’ each fixed guideway system, a minimum operable seg- section shall be carried out in consultation with place it appears and inserting ‘‘full funding’’. ment of the project.’’. the transit industry. The subsection heading for section 5320(e) is SEC. 309. DOLLAR VALUE OF MOBILITY IMPROVE- ‘‘(4) COST SHARING.—Any consortium that re- amended by striking ‘‘FINANCING’’ and inserting MENTS. ceives a grant or enters into a contract or agree- ‘‘FUNDING’’. (a) IN GENERAL.—The Secretary shall not con- ment under this subsection shall provide at least (j) BUS TECHNOLOGY PILOT PROGRAM.—Sec- sider the dollar value of mobility improvements, 50 percent of the cost of any joint partnership tion 5309 is further amended by adding at the as specified in the report required under section project. Any business, organization, person, or end the following: 5309(m)(1)(C) or section 5309(p) (as added by this governmental body may contribute funds to ‘‘(o) BUS TECHNOLOGY PILOT PROGRAM.— Act), in evaluating projects under section 5309 such project. ‘‘(1) ESTABLISHMENT.—The Secretary shall es- of title 49, United States Code, in developing ‘‘(5) PUBLIC NOTICE.—The Secretary shall pe- tablish a pilot program for the testing and de- regulations, or in carrying out any other duty riodically give public notice of— ployment of new bus technology, including of the Secretary. ‘‘(A) the technical areas for which joint part- clean fuel and alternative fuel technology. (b) STUDY.— nerships are solicited under this subsection; ‘‘(B) required qualifications of consortia desir- ‘‘(2) PROJECTS.—Under the pilot program, the (1) IN GENERAL.—The Comptroller General Secretary shall carry out projects for testing and shall conduct a study of the dollar value of mo- ing to participate in such partnerships; ‘‘(C) the method of selection and evaluation deployment of new bus technology, including bility improvements and the relationship of mo- criteria to be used in selecting participating con- clean fuel and alternative fuel technology. The bility improvements to the overall transportation Secretary shall select projects for funding under sortia and projects under this subsection; and justification of a new fixed guideway system or ‘‘(D) the process by which projects will be the pilot program that will employ a variety of extension to an existing system. awarded under this subsection. technologies and will be performed in a variety (2) REPORT.—Not later than January 1, 2000, ‘‘(6) ACCEPTANCE OF REVENUES.—The Sec- of geographic areas of the country with popu- the Secretary shall transmit to the Committee on retary may accept a portion of the revenues re- lations under 50,000, between 50,000 and 200,000, Transportation and Infrastructure of the House sulting from sales of an innovation supported and over 200,000. of Representatives and the Committee on Bank- under this subsection and deposit any revenues ‘‘(3) REPORT.—Not later than April 30, 2000, ing, Housing, and Urban Affairs of the Senate accepted into a special account of the Treasury the Secretary shall transmit to the Committee on a report on the results of the study, including of the United States to be established for pur- Transportation and Infrastructure of the House an analysis of the factors relevant to determin- poses of carrying out this subsection. of Representatives and the Committee on Bank- ing the dollar value of mobility improvements. ‘‘(e) INTERNATIONAL MASS TRANSPORTATION ing, Housing, and Urban Affairs of the Senate SEC. 310. FORMULA GRANTS AND LOANS FOR PROGRAM.— a report on the results of the pilot program, in- SPECIAL NEEDS OF ELDERLY INDI- ‘‘(1) ACTIVITIES.—The Secretary is authorized cluding a description of the projects carried out, VIDUALS AND INDIVIDUALS WITH to engage in activities to inform the United the amounts obligated, and the status of the test DISABILITIES. States domestic mass transportation community and deployment activities undertaken.’’. (a) SECTION HEADING.—Section 5310 is amend- about technological innovations available in the (k) REPORTS.—Section 5309 is further amended ed in the section heading by striking ‘‘Grants’’ international marketplace and activities that by adding at the end the following: and inserting ‘‘Formula grants’’. may afford domestic businesses the opportunity ‘‘(p) REPORTS.— (b) CONFORMING AMENDMENT.—The item re- to become globally competitive in the export of ‘‘(1) FUNDING LEVELS AND ALLOCATIONS OF lating to section 5310 in the table of sections for mass transportation products and services. FUNDS FOR FIXED GUIDEWAY SYSTEMS.— chapter 53 is amended by inserting ‘‘formula’’ These activities may include— ‘‘(A) ANNUAL REPORT.—Not later than the before ‘‘grants’’. ‘‘(A) development, monitoring, assessment, first Monday in February of each year, the Sec- SEC. 311. FORMULA PROGRAM FOR OTHER THAN and dissemination domestically of information retary shall submit to the Committee on Trans- URBANIZED AREAS. about worldwide mass transportation market portation and Infrastructure of the House of (a) INTERCITY BUS TRANSPORTATION.—Section opportunities; Representatives and the Committee on Banking, 5311 is amended— ‘‘(B) cooperation with foreign public sector Housing, and Urban Affairs of the Senate a re- (1) in the section heading by striking ‘‘Finan- entities in research, development, demonstra- port that includes a proposal on the allocation cial assistance’’ and inserting ‘‘Formula tion, training, and other forms of technology of amounts to be made available to finance grants’’; and transfer and exchange of experts and informa- grants and loans for capital projects for new (2) in subsection (f)(1) by striking ‘‘10 percent tion; fixed guideway systems and extensions to exist- of the amount made available in the fiscal year ‘‘(C) advocacy, in international mass trans- ing fixed guideway systems among applicants ending September 30, 1993, and’’. portation markets, of firms, products, and serv- for those amounts. (b) CONFORMING AMENDMENT.—The item re- ices available from the United States; ‘‘(B) RECOMMENDATIONS ON FUNDING.—The lating to section 5311 in the table of sections for ‘‘(D) informing the international market annual report under this paragraph shall in- chapter 53 is amended by striking ‘‘Financial about the technical quality of mass transpor- clude evaluations and ratings, as required assistance’’ and inserting ‘‘Formula grant’’. tation products and services through participa- under subsection (e), for each project that is au- SEC. 312. RESEARCH, DEVELOPMENT, DEM- tion in seminars, expositions, and similar activi- thorized or has received funds under this section ONSTRATION, AND TRAINING ties; and since the date of the enactment of this Act or PROJECTS. ‘‘(E) offering those Federal Transit Adminis- October 1 of the preceding fiscal year, which- (a) IN GENERAL.—Section 5312 is amended— tration technical services which cannot be read- ever date is earlier. The report shall also include (1) in each of subsections (a) and (b) by strik- ily obtained from the United States private sec- recommendations of projects for funding based ing the first parenthetical phrase; and tor to foreign public authorities planning or un- on the evaluations and ratings and on existing (2) by adding at the end the following: dertaking mass transportation projects if the commitments and anticipated funding levels for ‘‘(d) JOINT PARTNERSHIPS FOR DEPLOYMENT cost of these services will be recovered under the the next 3 fiscal years and for the next 10 fiscal OF INNOVATION.— terms of each project. years based on information currently available ‘‘(1) CONSORTIUM DEFINED.—In this sub- ‘‘(2) COOPERATION.—The Secretary may carry to the Secretary. section, the term ‘consortium’ means one or out activities under this subsection in coopera- ‘‘(2) SUPPLEMENTAL REPORT ON NEW STARTS.— more public or private organizations located in tion with other Federal agencies, State or local The Secretary shall submit a report to Congress the United States which provide mass transpor- agencies, public and private nonprofit institu- on the 31st day of August of each year that de- tation service to the public and one or more tions, government laboratories, foreign govern- scribes the Secretary’s evaluation and rating of businesses, including small and medium sized ments, or any other organization the Secretary each project that has completed alternatives businesses, incorporated in a State, offering determines is appropriate. analysis or preliminary engineering since the goods or services or willing to offer goods or ‘‘(3) FUNDING.—The funds available to carry date of the last report. The report shall include services to mass transportation operators. It out this subsection shall include funds paid to all relevant information that supports the eval- may include as additional members public or the Secretary by any cooperating organization uation and rating of each project, including a private research organizations located in the or person and shall be deposited by the Sec- summary of each project’s financial plan. United States, or State or local governmental retary in a special account in the Treasury of ‘‘(3) ANNUAL GAO REVIEW.—the General Ac- authorities. the United States to be established for purposes counting Office shall— ‘‘(2) GRANTS AND AGREEMENTS.—The Secretary of carrying out this subsection. The funds shall ‘‘(A) conduct an annual review of— may make grants and enter into contracts, coop- be available for promotional materials, travel, ‘‘(i) the processes and procedures for evaluat- erative agreements, and other agreements with reception, and representation expenses nec- ing and rating projects and recommending consortia selected competitively from among essary to carry out the activities authorized by projects; and public and private partnerships to promote the this subsection. Reimbursement for services pro- ‘‘(ii) the Secretary’s implementation of such early deployment of innovation in mass trans- vided under this subsection shall be credited to processes and procedures; and portation technology, services, management, or the appropriation account concerned.’’. ‘‘(B) shall report to Congress on the results of operational practices. Any such grant, contract, (b) MASS TRANSPORTATION TECHNOLOGY DE- such review by April 30 of each year.’’. or agreement shall provide for the sharing of VELOPMENT AND DEPLOYMENT.— H1964 CONGRESSIONAL RECORD — HOUSE April 1, 1998

(1) GENERAL AUTHORITY.—The Secretary may year shall be available to carry out this sub- SEC. 319. GENERAL PROVISIONS ON ASSISTANCE. make grants and enter into contracts, coopera- section. (a) TECHNICAL AMENDMENT.—Section 5323(d) tive agreements, and other agreements with eli- (3) FEDERAL SHARE.—The Federal share pay- is amended by striking ‘‘BUYING AND OPERATING gible consortia to promote the development and able on account of activities carried out using a BUSES.—’’and inserting ‘‘CONDITION ON CHAR- early deployment of innovation in mass trans- grant made under this subsection shall be 80 TER BUS TRANSPORTATION SERVICE.—’’. portation technology, services, management, or percent of the cost of such activities. (b) GOVERNMENT’S SHARE.—Section 5323(i) is operational practices. The Secretary shall co- (e) INTELLIGENT TRANSPORTATION SYSTEMS amended to read as follows: ordinate activities under this section with relat- APPLICATIONS.— ‘‘(i) GOVERNMENT SHARE OF COSTS FOR CER- ed activities under programs of other Federal (1) IN GENERAL.—The Secretary shall make TAIN PROJECTS.—A grant for a project to be as- departments and agencies. grants for the study, design, and demonstration sisted under this chapter that involves acquiring (2) ELIGIBILITY CRITERIA.—To be qualified to of fixed guideway technology in North Orange- vehicle-related equipment required by the Amer- receive funding under this section, an eligible South Seminole County, Florida, and in Gal- icans with Disabilities Act of 1990 (42 U.S.C. consortium shall— veston, Texas. 12101 et seq.) or vehicle-related equipment (in- (A) be organized for the purpose of designing, (2) FUNDING.—Of the amounts made available cluding clean fuel or alternative fuel vehicle-re- developing, and deploying advanced mass trans- pursuant to section 5338(d) of title 49, United lated equipment) for purposes of complying with portation technologies that address identified States Code, for fiscal year 1999, $1,500,000 shall or maintaining compliance with the Clean Air technological impediments in the mass transpor- be available to carry out this subsection. Of Act, is for 90 percent of the net project cost of tation field; such sums, $750,000 shall be available for fixed such equipment attributable to compliance with (B) have an established mechanism for design- guideway activities in North Orange-South Sem- such Acts. The Secretary shall have discretion ing, developing, and deploying advanced mass inole County, Florida, and $750,000 shall be to determine, through practicable administrative transportation technologies as evidenced by par- available for fixed guideway activities in Gal- procedures, the costs of such equipment attrib- ticipation in a Federal program such as the con- veston, Texas. utable to compliance with such Acts.’’. sortia funded pursuant to Public Law 102–396; SEC. 313. NATIONAL PLANNING AND RESEARCH (c) BUY AMERICA.—Section 5323(j)(7) is (C) facilitate the participation in the consor- PROGRAMS. amended to read as follows: tium of small- and medium-sized businesses in Section 5314(a)(2) is amended by striking ‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT conjunction with large established manufactur- ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. ERROR.—The Secretary may allow a manufac- ers, as appropriate; SEC. 314. NATIONAL TRANSIT INSTITUTE. turer or supplier of steel, iron, or manufactured (D) be designed to use State and Federal (a) IN GENERAL.—Section 5315 is amended— goods to correct after bid opening any certifi- funding to attract private capital in the form of (1) in the section heading by striking ‘‘mass cation made under this subsection if the Sec- grants or investments to further the purposes of transportation’’ and inserting ‘‘transit’’; and retary is satisfied that the manufacturer or sup- this section; and (2) in subsection (a)— plier submitted an incorrect certification as a re- (E) provide for the sharing of costs, risks, and (A) by striking ‘‘mass transportation’’ in the sult of an inadvertent or clerical error.’’. rewards of early deployment of innovation in first sentence and inserting ‘‘transit’’; (d) PARTICIPATION OF GOVERNMENTAL AGEN- mass transportation technologies. (B) by inserting ‘‘and architectural design’’ CIES IN DESIGN AND DELIVERY OF TRANSPOR- (3) GRANT REQUIREMENTS.—Grants, contracts, before the semicolon at the end of paragraph TATION SERVICES.—Section 5323 is amended by and agreements under paragraph (1) shall be el- (5); redesignating subsections (k) and (l) as sub- igible under and consistent with section 5312 of (C) by striking ‘‘carrying out’’ in paragraph sections (l) and (m) and by inserting after sub- title 49, United States Code, and shall be subject (7) and inserting ‘‘delivering’’; section (j) the following: to such terms and conditions as the Secretary (D) by inserting ‘‘, construction management, ‘‘(k) PARTICIPATION OF GOVERNMENTAL AGEN- prescribes. insurance, and risk management’’ before the CIES IN DESIGN AND DELIVERY OF TRANSPOR- (4) FEDERAL SHARE OF COSTS.—The Federal semicolon at the end of paragraph (11); TATION SERVICES.—To the extent feasible, gov- share of costs for a grant, contract, or agree- (E) by striking ‘‘and’’ at the end of paragraph ernmental agencies and nonprofit organizations ment with a consortium under this subsection (13); that receive assistance from Government sources shall not exceed 50 percent of the net project (F) by striking the period at the end of para- (other than the Department of Transportation) cost. graph (14) and inserting ‘‘; and’’; and for nonemergency transportation services shall (5) ELIGIBLE CONSORTIUM DEFINED.—For pur- (G) by adding at the end the following: participate and coordinate with recipients of as- poses of this section, the term ‘‘eligible consor- ‘‘(15) innovative finance.’’. sistance under this chapter in the design and tium’’ means a consortium of— (b) CONFORMING AMENDMENT.—The item re- delivery of transportation services and shall be (A) businesses incorporated in the United lating to section 5315 in the table of sections for included in the planning for such services.’’. States; chapter 53 is amended by striking ‘‘mass trans- (e) SUBMISSION OF CERTIFICATIONS.—Section (B) public or private educational or research portation’’ and inserting ‘‘transit’’. 5323 is further amended by adding at the end organizations located in the United States; SEC. 315. UNIVERSITY RESEARCH INSTITUTES. the following: (C) entities of State or local governments in Section 5316, and the item relating to section ‘‘(n) SUBMISSION OF CERTIFICATIONS.—A cer- the United States; 5316 in the table of sections for chapter 53, are tification required under this chapter and any (D) Federal laboratories; or repealed. additional certification or assurance required by (E) existing consortia funded pursuant to law or regulation to be submitted to the Sec- SEC. 316. TRANSPORTATION CENTERS. Public Law 103–396. retary may be consolidated into a single docu- Section 5317, and the item relating to section (6) FUNDING.— ment to be submitted annually as part of a 5317 in the table of sections for chapter 53, are (A) SET-ASIDE OF AMOUNTS MADE AVAILABLE grant application under this chapter. The Sec- repealed. UNDER SECTION 5338(d).—Of the funds made retary shall publish annually a list of all certifi- available by or appropriated under section SEC. 317. BUS TESTING FACILITIES. cations required under this chapter with the 5338(d) of title 49, United States Code, for a fis- (a) OPERATION AND MAINTENANCE.—Section publication required under section 5336(e)(2).’’. cal year $5,000,000 shall be available to carry 5318(b) is amended— (f) REQUIRED PAYMENTS AND ELIGIBLE out this subsection. (1) by striking ‘‘make a contract with’’ and COSTS.—Section 5323 is further amended by add- (B) SET-ASIDE OF AMOUNTS MADE AVAILABLE inserting ‘‘enter into a contract or cooperative ing at the end the following: UNDER SECTION 5309(o).—Of the funds made agreement with, or make a grant to,’’; ‘‘(o) REQUIRED PAYMENTS AND ELIGIBLE COSTS available to carry out the bus technology pilot (2) by inserting ‘‘or organization’’ after ‘‘per- OF PROJECTS THAT ENHANCE ECONOMIC DEVEL- program under section 5309(o) of title 49, United son’’; OPMENT OR INCORPORATE PRIVATE INVEST- States Code, for a fiscal year $5,000,000 shall be (3) by inserting ‘‘, cooperative agreement, or MENT.— available to carry out this subsection. grant’’ after ‘‘The contract’’; and ‘‘(1) REQUIRED PAYMENTS.—Each grant or (c) FUEL CELL BUS AND BUS FACILITIES PRO- (4) by inserting ‘‘mass transportation’’ after loan under this chapter for a capital project de- GRAM.—Of the funds made available for a fiscal ‘‘and other’’. scribed in section 5302(a)(1)(G) shall require that year to carry out the bus technology pilot pro- (b) AVAILABILITY OF AMOUNTS.—Section a person making an agreement to occupy space gram under section 5309(o) of title 49, United 5318(d) is amended by striking ‘‘make a contract in a facility funded under this chapter pay a States Code, $4,850,000 shall be available to with’’ and inserting ‘‘enter into a contract or reasonable share of the costs of the facility carry out the fuel cell powered transit bus pro- cooperative agreement with, or make a grant through rental payments and other means. gram and the intermodal transportation fuel cell to,’’. ‘‘(2) ELIGIBLE COSTS.—Eligible costs for a cap- bus maintenance facility. SEC. 318. BICYCLE FACILITIES. ital project described in section 5302(a)(1)(G)— (d) ADVANCED TECHNOLOGY PILOT PROJECT.— Section 5319 is amended by striking ‘‘under ‘‘(A) include property acquisition, demolition (1) IN GENERAL.—The Secretary shall make this section is for 90 percent of the cost of the of existing structures, site preparation, utilities, grants for the development of low speed mag- project’’ and inserting ‘‘made eligible by this building foundations, walkways, open space, netic levitation technology for public transpor- section is for 90 percent of the cost of the and a capital project for, and improving, equip- tation purposes in urban areas to demonstrate project; except that, if the grant or any portion ment or a facility for an intermodal transfer fa- energy efficiency, congestion mitigation, and of the grant is made with funds required to be cility or transportation mall; but safety benefits. expended under section 5307(k) and the project ‘‘(B) do not include construction of a commer- (2) FUNDING.—Of the amounts made available involves providing bicycle access to mass trans- cial revenue producing facility or a part of a for each of fiscal years 1998 through 2003 by sec- portation, that grant or portion of that grant public facility not related to mass transpor- tion 127(a)(3)(H) of this Act, $5,000,000 per fiscal shall be at a Federal share of 95 percent’’. tation.’’. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1965

SEC. 320. CONTRACT REQUIREMENTS. SEC. 322. PROJECT MANAGEMENT OVERSIGHT (b) REPORTS.—Section 5335 is further amend- (a) EFFICIENT PROCUREMENT.—Section 5325 is AND REVIEW. ed— amended— Section 5327(c)(2) is amended— (1) by striking subsections (b) and (c); and (1) by striking subsections (b) and (c); (1) by striking ‘‘make contracts’’ and inserting (2) by redesignating subsection (d) as sub- (2) by redesignating subsection (d) as sub- ‘‘enter into contracts’’; and section (b). section (b); and (2) by inserting before the period at the end of SEC. 326. APPORTIONMENT OF APPROPRIATIONS (3) by adding at the end the following: the first sentence the following: ‘‘and to provide FOR FORMULA GRANTS. ‘‘(c) EFFICIENT PROCUREMENT.—A recipient technical assistance to correct deficiencies iden- Section 5336 is amended— may award a procurement contract under this tified in compliance reviews and audits carried (1) in the section heading by striking ‘‘block chapter to other than the lowest bidder when out under this section’’. grants’’ and inserting ‘‘formula grants’’; and the award furthers an objective consistent with SEC. 323. STUDY ON ALCOHOL AND CONTROLLED (2) by striking subsection (d) and inserting the the purposes of this chapter, including improved SUBSTANCES RANDOM TESTING following: long-term operating efficiency and lower long- RATE CALCULATION. ‘‘(d) LIMITATION ON OPERATING ASSISTANCE term costs.’’. (a) STUDY.—The Secretary shall conduct a AND PREVENTIVE MAINTENANCE.—Of the funds (b) ARCHITECTURAL, ENGINEERING, AND DESIGN study to determine how the alcohol and con- apportioned under this section for urbanized CONTRACTS.—Section 5325(b), as redesignated by trolled substances random testing rate under areas, such sums as may be necessary shall be subsection (a)(2), is amended— section 5331 of title 49, United States Code, available for operating assistance for urbanized (1) by inserting ‘‘or requirement’’ after ‘‘A should be calculated. areas with populations under 200,000, except contract’’; and (b) CONSIDERATIONS.—In conducting the study that the total amount of such funds made avail- (2) by inserting before the last sentence the under this section, the Secretary shall con- able for such operating assistance and for ur- following: ‘‘When awarding such contracts, re- sider— banized areas for preventive maintenance activi- cipients of assistance under this chapter shall (1) the differences in random testing results ties that become eligible for capital assistance maximize efficiencies of administration by ac- among employers subject to section 5331 of title under section 5307 on the date of the enactment cepting nondisputed audits conducted by other 49, United States Code; of the Building Efficient Surface Transportation government agencies, as provided in subpara- (2) the differences in random testing results and Equity Act of 1998 may not exceed graphs (C) through (F) of section 112(b)(2) of among employers subject to such section in $400,000,000 for any fiscal year.’’. title 23.’’. areas with populations of at least 200,000, in SEC. 327. APPORTIONMENT OF APPROPRIATIONS SEC. 321. SPECIAL PROCUREMENTS. areas with populations less than 200,000, and in FOR FIXED GUIDEWAY MODERNIZA- other than urbanized areas; TION. (a) TURNKEY SYSTEM PROJECTS.—Section (3) the deterrent effect of random testing; and 5326(a) is amended— (a) DISTRIBUTION.—Section 5337(a) is amended (4) the effect of random testing on public safe- (1) by striking paragraph (1) and inserting the to read as follows: ty. following: ‘‘(a) DISTRIBUTION.—The Secretary of Trans- (c) REPORT.—Not later than December 31, portation shall apportion amounts made avail- ‘‘(1) TURNKEY SYSTEM PROJECT DEFINED.—In 1999, the Secretary shall transmit to Congress a this subsection, the term ‘turnkey system able for fixed guideway modernization under report on the results of the study conducted project’ means a project under which a recipient section 5309 for each of fiscal years 1998 through under this section, together with any proposed enters into a contract with a seller, firm, or con- 2003 as follows: changes to the calculation of the random alco- sortium of firms to design and build a mass ‘‘(1) The first $497,700,000 shall be apportioned hol and controlled substances testing rate. transportation system or an operable segment in the following urbanized areas as follows: thereof that meets specific performance criteria. SEC. 324. ADMINISTRATIVE PROCEDURES. ‘‘(A) Baltimore, $8,372,000. ‘‘(B) Boston, $38,948,000. Such project may also include an option to fi- (a) TRAINING AND CONFERENCE COSTS.—Sec- ‘‘(C) Chicago/Northwestern Indiana, nance, or operate for a period of time, the sys- tion 5334(a) is amended— $78,169,000. tem or segment or any combination of designing, (1) by striking ‘‘and’’ at the end of paragraph ‘‘(D) Cleveland, $9,509,500. building, operating, or maintaining such system (8); ‘‘(E) New Orleans, $1,730,588. or segment.’’; (2) by striking the period at the end of para- graph (9) and inserting ‘‘; and’’; and ‘‘(F) New York, $176,034,461. (2) in paragraph (2)— ‘‘(G) Northeastern New Jersey, $50,604,653. (A) by inserting ‘‘SELECTION OF TURNKEY (3) by adding at the end the following: ‘‘(10) collect fees to cover the costs of training ‘‘(H) Philadelphia/Southern New Jersey, PROJECTS.—’’ after ‘‘(2)’’; and $58,924,764. (B) by inserting ‘‘or an operable segment of a or conferences, including costs of promotional materials, sponsored by the Federal Transit Ad- ‘‘(I) Pittsburgh, $13,662,463. mass transportation system’’ after ‘‘transpor- ‘‘(J) San Francisco, $33,989,571. tation system’’; ministration to promote mass transportation and credit amounts collected to the appropriation ‘‘(K) Southwestern Connecticut, $27,755,000. (3) in paragraph (3) by inserting ‘‘DEM- ‘‘(2) The next $74,849,950 shall be apportioned concerned.’’. ONSTRATIONS.—’’ after ‘‘(3)’’; and as follows: (b) FLEXIBILITY FOR AREAS WITH POPU- (4) by aligning paragraphs (2) and (3) with ‘‘(A) $4,849,950 to the Alaska Railroad for im- LATIONS UNDER 200,000.—Section 5334(i) is paragraph (1) of such section, as amended by provements to its passenger operations. amended to read as follows: paragraph (1) of this section. ‘‘(B) Of the remaining $70,000,000— ‘‘(i) FLEXIBILITY FOR AREAS WITH POPU- (b) TECHNICAL AMENDMENT.—Section 5326 is ‘‘(i) 50 percent in the urbanized areas listed in LATIONS UNDER 200,000.—Not later than 180 amended by striking subsection (c) and inserting paragraph (1) as provided in section days after the date of the enactment of the the following: 5336(b)(2)(A); and Building Efficient Surface Transportation and ‘‘(c) ACQUIRING ROLLING STOCK.—A recipient ‘‘(ii) 50 percent in other urbanized areas eligi- Equity Act of 1998, the Secretary shall seek pub- of financial assistance of the United States Gov- ble for assistance under section 5336(b)(2)(A) to lic comment on ways to simplify and streamline ernment under this chapter may enter into a which amounts were apportioned under this sec- the administration of the formula program for contract to expend that assistance to acquire tion for fiscal year 1997, as provided in section urbanized areas with populations of less than rolling stock— 5336(b)(2)(A) and subsection (e) of this section. ‘‘(1) based on— 200,000 and shall make, to the extent feasible ‘‘(3) The next $5,700,000 shall be apportioned ‘‘(A) initial capital costs; or and consistent with statutory requirements, in the following urbanized areas as follows: ‘‘(B) performance, standardization, life cycle every effort to ease any administrative burdens ‘‘(A) Pittsburgh, 61.76 percent. costs, and other factors; or thereby identified.’’. ‘‘(B) Cleveland, 10.73 percent. ‘‘(2) with a party selected through a competi- (c) TECHNICAL AMENDMENTS.— ‘‘(C) New Orleans, 5.79 percent. tive procurement process. (1) SECTION HEADING.—The heading for sec- ‘‘(D) 21.72 percent in urbanized areas to ‘‘(d) PROCURING ASSOCIATED CAPITAL MAINTE- tion 5334 is amended by inserting ‘‘provisions’’ which paragraph (2)(B)(ii) applies, as provided NANCE ITEMS.—A recipient of a grant under sec- after ‘‘Administrative’’. in section 5336(b)(2)(A) and subsection (e) of this tion 5307 of this title procuring an associated (2) TABLE OF SECTIONS.—The item relating to section. capital maintenance item under section 5307(b) section 5334 in the table of sections for chapter ‘‘(4) The next $186,600,000 shall be apportioned may enter into a contract directly with the 53 is amended by inserting ‘‘provisions’’ after in each urbanized area to which paragraph (1) original manufacturer or supplier of the item to ‘‘Administrative’’. applies and in each urbanized area to which be replaced, without receiving prior approval of SEC. 325. REPORTS AND AUDITS. paragraph (2)(B) applies, as provided in section the Secretary, if the recipient first certifies in (a) NATIONAL TRANSIT DATABASE.—Section 5336(b)(2)(A) and subsection (e) of this section. writing to the Secretary that— 5335(a) is amended— ‘‘(5) The next $140,000,000 shall be apportioned ‘‘(1) the manufacturer or supplier is the only (1) by striking ‘‘REPORTING SYSTEM AND UNI- as follows: source for the item; and FORM SYSTEM OF ACCOUNTS AND RECORDS’’ and ‘‘(A) 65 percent in the urbanized areas listed ‘‘(2) the price of the item is no more than the inserting ‘‘NATIONAL TRANSIT DATABASE’’; and in paragraph (1) as provided in section price similar customers pay for the item.’’. (2) in paragraph (1)— 5336(b)(2)(A) and subsection (e) of this section. (c) CONFORMING AMENDMENT.—Section (A) by striking ‘‘by uniform categories,’’ and ‘‘(B) 35 percent to other urbanized areas eligi- 5334(b)(4) is amended by striking ‘‘5323(a)(2), (c) inserting ‘‘using uniform categories’’; and ble for assistance under section 5336(b)(2)(A) of and (e), 5324(c), and 5325 of this title’’ and in- (B) by striking ‘‘and a uniform system of ac- this title if the areas contain fixed guideway serting ‘‘5323(a)(2), 5323(c), 5323(e), 5324(c), counts and records’’ and inserting ‘‘and using a systems placed in revenue service at least 7 5325(a), 5325(b), 5326(c), and 5326(d)’’. uniform system of accounts’’. years before the fiscal year in which amounts H1966 CONGRESSIONAL RECORD — HOUSE April 1, 1998 are made available and in any urbanized area Highway Trust Fund to carry out sections 5303, (1) In sections 5303(h)(1), 5303(h)(2)(A), and if, before the first day of the fiscal year, the 5304, 5305, and 5313(b) $54,000,000 for each of fis- 5303(h)(3)(A) by striking ‘‘5338(g)(1)’’ and in- area satisfies the Secretary that the area has cal years 2000 through 2003. serting ‘‘5338(c)(3)(A)’’. modernization needs that cannot adequately be ‘‘(2) FROM THE GENERAL FUND.—There are au- (2) In section 5303(h)(1) by striking ‘‘–5306’’ met with amounts received under section thorized to be appropriated to carry out sections and inserting ‘‘and 5305’’. 5336(b)(2)(A), as provided in section 5303, 5304, 5305, and 5313(b)— (3) In section 5303(h)(4) by striking ‘‘5338(g)’’ 5336(b)(2)(A) and subsection (e) of this section. ‘‘(A) $48,000,000 for fiscal year 1998; and and inserting ‘‘5338(c)(3)(A)’’. ‘‘(6) The next $100,000,000 shall be apportioned ‘‘(B) $52,000,000 for fiscal year 1999. (4) In section 5309(f)(4), as redesignated by as follows: ‘‘(3) ALLOCATION OF FUNDS.—Of the funds section 308(i)(1)(B) of this Act, by striking ‘‘(A) 60 percent in the urbanized areas listed made available by or appropriated under this ‘‘5338(a)’’ and inserting ‘‘5338(b)’’. in paragraph (1) as provided in section subsection for a fiscal year— (5) In section 5310(b) by striking ‘‘5338(a)’’ 5336(b)(2)(A) and subsection (e) of this section. ‘‘(A) 82.72 percent shall be available for metro- and inserting ‘‘5338(a)(3)(A)’’. ‘‘(B) 40 percent to urbanized areas to which politan planning under sections 5303, 5304, and (6) In section 5311(c) by striking ‘‘5338(a)’’ paragraph (5)(B) applies, as provided in section 5305; and and inserting ‘‘5338(a)(3)(B)’’. 5336(b)(2)(A) and subsection (e) of this section. ‘‘(B) 17.28 percent shall be available for State (7) In section 5313(a)(1) by striking ‘‘section ‘‘(7) Remaining amounts shall be apportioned planning under section 5313(b). 5338(g)(3)’’ and inserting ‘‘sections 5338(d)(3)(B) as follows: ‘‘(d) RESEARCH.— and 5338(d)(3)(D)’’. ‘‘(1) FROM THE TRUST FUND.—There shall be ‘‘(A) 50 percent in the urbanized areas listed (8) In section 5313(b)(1) by striking available from the Mass Transit Account of the in paragraph (1) as provided in section ‘‘5338(g)(3)’’ and inserting ‘‘5338(c)(3)(B)’’. Highway Trust Fund to carry out sections 5336(b)(2)(A) and subsection (e) of this section. (9) In section 5314(a)(1) by striking 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322 ‘‘(B) 50 percent to urbanized areas to which ‘‘5338(g)(4)’’ and inserting ‘‘5338(d)(3)(D)’’. $38,000,000 for each of fiscal years 2000 through paragraph (5)(B) applies, as provided in section (10) In section 5318(d) by striking ‘‘5338(j)(5)’’ 2003. 5336(b)(2)(A) and subsection (e) of this section.’’. and inserting ‘‘5309(m)(3)(B)’’. ‘‘(2) FROM THE GENERAL FUND.—There are au- (b) ROUTE SEGMENTS TO BE INCLUDED IN AP- (11) In section 5333(b) by striking ‘‘5338(j)(5)’’ thorized to be appropriated to carry out sections PORTIONMENT FORMULAS.—Section 5337 is fur- each place it appears and inserting ‘‘5338(b)’’. 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322 ther amended by adding at the end the follow- (12) In section 5336(a) by striking ‘‘5338(f)’’ $38,000,000 for each of fiscal years 1998 and 1999. ing: and inserting ‘‘5338(a)(3)(C)’’. ‘‘(3) ALLOCATION OF FUNDS.—Of the funds ‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN AP- made available by or appropriated under this (13) In section 5336(e)(1) by striking ‘‘5338(f)’’ PORTIONMENT FORMULAS.—(1) Amounts appor- subsection for a fiscal year— and inserting ‘‘5338(a)(3)(C)’’. tioned under paragraphs (2)(B), (3), and (4) of ‘‘(A) not less than $5,250,000 shall be available SEC. 329. OBLIGATION CEILING. subsection (a) shall have attributable to each for providing rural transportation assistance (a) CAPITAL PROGRAM GRANTS AND LOANS.— urbanized area only the number of fixed guide- under section 5311(b)(2); Notwithstanding any other provision of law, the way revenue miles of service and number of ‘‘(B) not less than $8,250,000 shall be available total of all obligations from amounts made fixed guideway route miles for segments of fixed for carrying out transit cooperative research available from the Mass Transit Account of the guideway systems used to determine apportion- programs under section 5313(a); Highway Trust Fund by section 5338(b) of title ments for fiscal year 1997. ‘‘(C) not less than $3,000,000 shall be available 49, United States Code, shall not exceed— ‘‘(2) Amounts apportioned under paragraphs to carry out programs under the National Tran- (1) $2,000,000,000 in fiscal year 1998; (5) through (7) of subsection (a) shall have at- sit Institute under section 5315; and (2) $2,412,000,000 in fiscal year 1999; and tributable to each urbanized area only the num- ‘‘(D) the remainder shall be available for car- (3) $2,613,000,000 in each of fiscal years 2000 ber of fixed guideway revenue miles of service rying out national planning and research pro- through 2003. and number of fixed guideway route-miles for grams under sections 5311(b)(2), 5312, 5313(a), (b) FORMULA GRANTS, PLANNING, RESEARCH, segments of fixed guideway systems placed in 5314, and 5322. ADMINISTRATION, AND STUDIES.—Notwithstand- revenue service at least 7 years before the fiscal ‘‘(e) UNIVERSITY TRANSPORTATION RE- ing any other provision of law, the total of all year in which amounts are made available.’’. SEARCH.— obligations from amounts made available from SEC. 328. AUTHORIZATIONS. ‘‘(1) FROM THE TRUST FUND.—There shall be the Mass Transit Account of the Highway Trust (a) IN GENERAL.—Section 5338 is amended to available from the Mass Transit Account of the Fund by subsections (a), (c), (d), (e), and (f) of read as follows: Highway Trust Fund to carry out section 5505 section 5338 of title 49, United States Code, and ‘‘§ 5338. Authorizations $6,000,000 for each of fiscal years 2000 through sections 331 and 332 of this Act shall not ex- 2003. ‘‘(a) FORMULA GRANTS.— ceed— ‘‘(2) FROM THE GENERAL FUND.—There is au- ‘‘(1) FROM THE TRUST FUND.—There shall be (1) $2,260,000,000 in fiscal year 1998; thorized to be appropriated to carry out section (2) $3,213,000,000 in fiscal year 1999; and available from the Mass Transit Account of the 5505 $6,000,000 per fiscal year for fiscal years Highway Trust Fund to carry out sections 5307, (3) $3,703,000,000 in each of fiscal years 2000 1998 and 1999. through 2003. 5310, and 5311— ‘‘(f) ADMINISTRATION.— SEC. 330. ACCESS TO JOBS CHALLENGE GRANT ‘‘(A) $2,697,600,000 for fiscal year 1998; ‘‘(1) FROM THE TRUST FUND.—There shall be PILOT PROGRAM. ‘‘(B) $3,213,000,000 for fiscal year 1999; and available from the Mass Transit Account of the (a) GENERAL AUTHORITY.—The Secretary may ‘‘(C) $3,553,000,000 for each of fiscal years 2000 Highway Trust Fund for administrative ex- make grants under this section to assist States, through 2003. penses to carry out section 5334 $52,000,000 for local governmental authorities, and nonprofit ‘‘(2) FROM THE GENERAL FUND.—In addition to each of fiscal years 2000 through 2003. organizations in financing transportation serv- amounts made available under paragraph (1), ‘‘(2) FROM THE GENERAL FUND.—There is au- there are authorized to be appropriated to carry thorized to be appropriated for administrative ices designed to transport welfare recipients to out sections 5307 and 5311— expenses to carry out section 5334— and from jobs and activities related to their em- ‘‘(A) $290,000,000 for fiscal year 1998; and ‘‘(A) $46,000,000 for fiscal year 1998; and ployment. The Secretary shall coordinate activi- ‘‘(B) $68,000,000 for fiscal year 1999. ‘‘(B) $50,000,000 for fiscal year 1999. ties under this section with related activities ‘‘(3) ALLOCATION OF FUNDS.—Of the aggregate ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.— under programs of other Federal departments of amounts made available by and appropriated ‘‘(1) GRANTS FINANCED FROM THE HIGHWAY and agencies. under this subsection for a fiscal year— TRUST FUND.—A grant or contract approved by (b) GRANT CRITERIA.—In selecting applicants ‘‘(A) 2.4 percent shall be available to provide the Secretary, that is financed with amounts for grants under this section, the Secretary shall transportation services to elderly individuals made available under subsection (a)(1), (b), consider the following: and individuals with disabilities under section (c)(1), (d)(1), (e)(1), or (f)(1) is a contractual ob- (1) The percentage of the population in the 5310; ligation of the United States Government to pay area to be served that are welfare recipients. ‘‘(B) 5.37 percent shall be available to provide the Government’s share of the cost of the (2) The need for additional services (including financial assistance for other than urbanized project. bicycling) to transport welfare recipients to and areas under section 5311; and ‘‘(2) GRANTS FINANCED FROM GENERAL from specified jobs, training, and other employ- ‘‘(C) 92.23 percent shall be available to provide FUNDS.—A grant or contract, approved by the ment support services, and the extent to which financial assistance for urbanized areas under Secretary, that is financed with amounts made the proposed services will address those needs. section 5307. available under subsection (a)(2), (c)(2), (d)(2), (3) The extent to which the applicant dem- ‘‘(b) CAPITAL PROGRAM GRANTS AND LOANS.— (e)(2), or (f)(2) is a contractual obligation of the onstrates coordination with, and the financial There shall be available from the Mass Transit Government to pay the Government’s share of commitment of, existing transportation service Account of the Highway Trust Fund to carry the cost of the project only to the extent providers and the extent to which the applicant out section 5309: amounts are provided in advance in an appro- demonstrates coordination with the State agen- ‘‘(1) $2,197,000,000 for fiscal year 1998. priations law. cy or department that administers the State pro- ‘‘(2) $2,412,000,000 for fiscal year 1999. ‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts gram funded under part A of title IV of the So- ‘‘(3) $2,613,000,000 for each of fiscal years 2000 made available by or appropriated under sub- cial Security Act. through 2003. sections (a) through (e) shall remain available (4) The extent to which the applicant dem- ‘‘(c) PLANNING.— until expended.’’. onstrates maximum utilization of existing trans- ‘‘(1) FROM THE TRUST FUND.—There shall be (b) CONFORMING AMENDMENTS.—Chapter 53 is portation service providers and expands existing available from the Mass Transit Account of the amended as follows: transit networks or hours of service or both. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1967 (5) The extent to which the applicant dem- area’’ have the meaning such terms have under (28) Galveston—Trolley Extension. onstrates an innovative approach that is re- section 5302 of title 49, United States Code. (29) Hartford—Griffin Line. sponsive to identified service needs. (2) EXISTING TRANSPORTATION SERVICE PRO- (30) Hollis—Ketchikan Ferry. (6) The extent to which the applicant presents VIDERS.—The term ‘‘existing transportation (31) Houston—Regional Bus Plan—Phase I. a comprehensive approach to addressing the service providers’’ means mass transportation (32) Kansas City—I–35 Commuter Rail. needs of welfare recipients and identifies long- operators and governmental agencies and non- (33) Kansas City—Southtown Corridor. term financing strategies to support the services profit organizations that receive assistance from (34) Las Vegas Corridor. under this section. Federal, State, or local sources for non- (35) Little Rock—River Rail. (36) Los Angeles—Metrolink San Bernadino (c) ELIGIBLE PROJECTS.—The Secretary may emergency transportation services. Line. make grants under this section for— (3) WELFARE RECIPIENT.—The term ‘‘welfare (37) Los Angeles—MOS–3. (1) capital projects and to finance operating recipient’’ means an individual who receives or (38) Los Angeles—Metrolink (Union Station- costs of equipment, facilities, and associated received aid or assistance under a State program Fullerton). capital maintenance items related to providing funded under part A of title IV of the Social Se- access to jobs under this section; (39) Louisville—Jefferson County Corridor. curity Act (whether in effect before or after the (40) MARC—Commuter Rail Improvements. (2) promoting the use of transit by workers effective date of the amendments made by title I with nontraditional work schedules; (41) Maryland Light Rail Double Track. of the Personal Responsibility and Work Oppor- (3) promoting the use by appropriate agencies (42) Memphis—Medical Center Extension. tunity Reconciliation Act of 1996) at any time of transit vouchers for welfare recipients under (43) Miami—East-West Corridor. during the 3-year period ending on the date the specific terms and conditions developed by the (44) Miami—North 27th Avenue Corridor. applicant applies for a grant under this section. Secretary; and (45) Miami—South Busway Extension. (4) promoting the use of employer-provided (j) FUNDING.—There is authorized to be appro- (46) Milwaukee—East-West Corridor. (47) Monterey County Commuter Rail. transportation including the transit pass benefit priated to carry out this section $42,000,000 per fiscal year for fiscal years 1998 through 2003. (48) Nashua, NH—Lowell, MA Commuter Rail. program under subsections (a) and (f) of section (49) Nashville—Commuter Rail. 132 of the Internal Revenue Code of 1986. Such sums shall remain available until ex- pended. (50) New Orleans—Canal Streetcar. No planning or coordination activities are eligi- (51) New York—8th Avenue Subway Connec- SEC. 331. ADJUSTMENTS FOR THE SURFACE ble for assistance under this section. tor. (d) COMPETITIVE GRANT SELECTION.—The Sec- TRANSPORTATION EXTENSION ACT (52) New York—Brooklyn—Staten Island retary shall conduct a national solicitation for OF 1997. (a) IN GENERAL.—Notwithstanding any other Ferry. applications for grants under this section. (53) New York—Long Island Railroad East Grantees shall be selected on a competitive provision of law, the Secretary shall ensure that the total apportionments and allocations made Side Access. basis. The Secretary shall select not more than (54) New York—Staten Island Ferry—White- 10 demonstration projects for the pilot program, to a designated grant recipient under section 5338 of this Act for fiscal year 1998 shall be re- hall Intermodal Terminal. including 6 projects from urbanized areas with (55) New York Susquehanna and Western populations of at least 200,000, 2 projects from duced by the amount apportioned to such des- ignated recipient pursuant to section 8 of the Commuter Rail. urbanized areas with populations less than (56) New Jersey Urban Core. Surface Transportation Extension Act of 1997 200,000, and 2 projects from other than urban- (57) Norfolk—Virginia Beach Corridor. (111 Stat. 2559). ized areas. (58) Oklahoma City—MAPS Link. (b) FIXED GUIDEWAY MODERNIZATION ADJUST- (e) FEDERAL SHARE OF COSTS.—The Federal (59) Orange County—Fullerton—Irvine Cor- MENT.—In making the apportionments described share of costs under this section shall be pro- ridor. vided from funds appropriated to carry out this in subsection (a), the Secretary shall adjust the (60) Orlando—I–4 Central Florida Light Rail section. The Federal share of the costs for a amount apportioned to each urbanized area for System. project under this section shall not exceed 50 fixed guideway modernization for fiscal year (61) Philadelphia—Schuykill Valley Metro. percent of the net project cost. The remainder 1998 to reflect the method for apportioning (62) Phoenix—Fixed Guideway. shall be provided in cash from sources other funds in section 5337(a). (63) Colorado—Roaring Fork Valley Rail. than revenues from providing mass transpor- SEC. 332. PROJECTS FOR NEW FIXED GUIDEWAY (64) Pittsburgh Airborne Shuttle System. tation. Funds appropriated to a Federal depart- SYSTEMS AND EXTENSIONS TO EX- (65) Pittsburgh—MLK Busway Extension. ment or agency (other than the Department of ISTING SYSTEMS. (66) Portland—South-North Corridor. Transportation) and eligible to be used for (a) FINAL DESIGN AND CONSTRUCTION.—The (67) Portland—Westside-Hillsboro Corridor. transportation may be used toward the non- following projects are authorized for final de- (68) Raleigh-Durham—Regional Transit Plan. government share payable on a project under sign and construction for fiscal years 1998 (69) Sacramento—Folsom Extension. this section. through 2003 under section 5309(m)(1)(B) of title (70) Sacramento—Placer County Corridor. (f) PLANNING REQUIREMENTS.—The require- 49, United States Code: (71) Sacramento—South Corridor. ments of sections 5303 through 5306 of title 49, (1) Atlanta—Athens Commuter Rail. (72) Salt Lake City—Light Rail (Airport to United States Code, apply to grants made under (2) Atlanta—Griffin Commuter Rail. University of Utah). this section. Applications must reflect coordina- (3) Atlanta—North Line Extension. (73) Salt Lake City—Ogden-Provo Commuter (4) Austin—NW/North Central/SE—Airport tion with and the approval of affected transit Rail. LRT. (74) Salt Lake City—South LRT. grant recipients and the projects financed must (5) Baltimore—Central LRT Extension to Glen (75) San Diego—Mid-Coast LRT Corridor. be part of a coordinated public transit-human Burnie. (76) San Diego—Mission Valley East Corridor. services transportation planning process. (6) Boston—Massport Airport Intermodal (77) San Diego—Oceanside—Escondido Cor- (g) GRANT REQUIREMENTS.—A grant under Transit Connector. ridor. this section shall be subject to all of the terms (7) Boston—North Shore Blue Line Extension (78) San Francisco—BART to San Francisco and conditions of grants made under section to Beverly. International Airport Extension. 5307 of title 49, United States Code, and such (8) Charlotte—South Corridor Transitway. (79) San Francisco—Bayshore Corridor. terms and conditions as determined by the Sec- (9) Chicago—Navy Pier-McCormick Place (80) San Jose—Tasman Corridor Light Rail. retary. Busway. (81) San Juan—Tren Urbano. (h) PROGRAM EVALUATION.— (10) Chicago—North Central Upgrade Com- (82) San Juan—Tren Urbano Extension to (1) COMPTROLLER GENERAL.—Six months after muter Rail. Minellas. the date of the enactment of this Act and each (11) Chicago—Ravenswood Line Extension. (83) Santa Cruz—Fixed Guideway. 6 months thereafter, the Comptroller General (12) Chicago—Southwest Extension. (84) Seattle—Southworth High Speed Ferry. shall conduct a study to evaluate the access to (13) Chicago—West Line Expansion. (85) Seattle—Sound Move Corridor. jobs program conducted under this section and (14) Cleveland—Akron-Canton Commuter (86) South Boston—Piers Transitway. transmit to the Committee on Transportation Rail. (87) St. Louis—Cross County Corridor. and Infrastructure of the House of Representa- (15) Cleveland—Berea Metroline Extension. (88) Stockton—Altamont Commuter Rail. tives and the Committee on Banking, Housing, (16) Cleveland—Blue Line Extension. (89) Tampa Bay—Regional Rail. and Urban Affairs of the Senate the results of (17) Cleveland—Euclid Corridor Extension. (90) Twin Cities—Northstar Commuter Rail the study. (18) Cleveland—I–90 Corridor to Ashtabula (Northtown Hub, Anoka County—St. Cloud). (2) DEPARTMENT OF TRANSPORTATION.—The County. (91) Twin Cities—Transitways Corridors. Secretary shall conduct a study to evaluate the (19) Cleveland—Waterfront Line Extension. (92) Washington—Richmond Rail Corridor Im- access to jobs program conducted under this sec- (20) Dallas—North Central Extension. provements. tion and transmit to the Committee on Trans- (21) Dallas—Ft. Worth RAILTRAN (Phase II). (93) Washington, D.C.—Dulles Corridor Ex- portation and Infrastructure of the House of (22) Denver—East Corridor (Airport). tension. Representatives and the Committee on Banking, (23) Denver—Southeast LRT (I–25 between 6th (94) Washington, D.C.—Largo Extension. Housing, and Urban Affairs of the Senate the & Lincoln). (95) West Trenton Line (West Trenton-New- results of the study within 2 years of the date of (24) Denver—Southwest LRT. ark). the enactment of this Act. (25) Denver—West Corridor LRT. (96) Westlake—Commuter Rail Link. (i) DEFINITIONS.—In this section, the follow- (26) East St. Louis-St. Clair County—Mid- (b) ALTERNATIVES ANALYSIS AND PRELIMINARY ing definitions apply: America Airport Corridor. ENGINEERING.—The following projects are au- (1) CAPITAL PROJECT AND URBANIZED AREA.— (27) Ft. Lauderdale-West Palm Beach-Miami thorized for alternatives analysis and prelimi- The terms ‘‘capital project’’ and ‘‘urbanized Tri-County Commuter Rail. nary engineering for fiscal years 1998 through H1968 CONGRESSIONAL RECORD — HOUSE April 1, 1998 2003 under section 5309(m)(1)(B) of title 49, (63) Scranton—Laurel Line Intermodal Cor- Valley Rail Lines and the relocation of the United States Code: ridor. Main/Bergen Connection with construction of a (1) Albuquerque—High Capacity Corridor. (64) SEATAC—Personal Rapid Transit. rail station and associated components to and at (2) Atlanta—Georgia 400 Multimodal Corridor. (65) Toledo—CBD to Zoo. the contiguous New Jersey Meadowlands Sports (3) Atlanta—MARTA Extension (S. DeKalb- (66) Union Township Station (Raritan Valley Complex)’’; Lindbergh). Line). (B) by striking ‘‘, Newark-Newark Inter- (4) Atlanta—MARTA I–285 Transit Corridor. (67) Washington County Corridor (Hastings- national Airport-Elizabeth Transit Link’’ and (5) Atlanta—MARTA Marietta-Lawrenceville St. Paul). inserting the following: ‘‘(including a connec- Corridor. (68) Washington, D.C.—Georgetown-Ft. Lin- tion from the Vince Lombardi Station to (6) Atlanta—MARTA South DeKalb Com- coln. Saddlebrook), Newark-Newark International prehensive Transit Program. (69) Williamsburg—Newport News-Hampton Airport-Elizabeth Transit Link (including con- (7) Baltimore—Metropolitan Rail Corridor. LRT. struction of an auxiliary New Jersey Light Rail (8) Baltimore—People Mover. (70) Cincinnati/N. Kentucky—Northeast Cor- Transit station directly connected to and inte- (9) Bergen County Cross—County Light Rail. ridor. grated with the Amtrak Northeast Corridor Sta- (10) Birmingham Transit Corridor. (71) Northeast Ohio—commuter rail. tion at Newark International Airport, providing (11) Boston—Urban Ring. (c) EFFECT OF AUTHORIZATION.— access from the Newark-Newark International (12) Charleston—Monobeam. (1) IN GENERAL.—Projects authorized by sub- Airport-Elizabeth Light Rail Transit Link to the (13) Chicago—Cominsky Park Station. section (a) for final design and construction are Newark International Airport)’’; and (14) Chicago—Inner Circumferential Com- also authorized for alternatives analysis and muter Rail. preliminary engineering. (C) by inserting after ‘‘New York Penn Sta- (15) Cumberland/Dauphin County Corridor 1 (2) FIXED GUIDEWAY AUTHORIZATION.—The tion Concourse,’’ the following: ‘‘the restoration Commuter Rail. project authorized by subsection (a)(3) includes of commuter rail service in Lakewood to Free- (16) Dallas—DART LRT Extensions. an additional 28 rapid rail cars and project hold to Matawan or Jamesburg, New Jersey, as (17) Dallas—Las Colinas Corridor. scope changes from amounts authorized by the described in section 3035(p) of the Intermodal (18) Dayton—Regional Riverfront Corridor. Intermodal Surface Transportation Efficiency Surface Transportation Efficiency Act of 1991 (19) El Paso—International Fixed Guideway Act of 1991. (105 Stat. 2131), a light rail extension of the (El Paso-Juarez). (3) INTERMODAL CENTER AUTHORIZATION.— Newark-Newark International Airport-Elizabeth (20) Fremont—South Bay Corridor. Notwithstanding any other provision of law, the Light Rail Transit Link from Elizabeth, New (21) Georgetown Branch (Bethesda-Silver Huntington, West Virginia Intermodal Facility Jersey, to the towns of Cranford, Westfield, Spring). project is eligible for funding under section Fanwood, and Plainfield in Union County, New (22) Houston—Advanced Transit Program. 5309(m)(1)(C) of title 49, United States Code. Jersey, and any appropriate light rail connec- (23) Jacksonville—Fixed Guideway Corridor. (d) NEW JERSEY URBAN CORE PROJECT.— tions and alignments within the city of Eliza- (24) Kenosha-Racine—Milwaukee Rail Exten- (1) ALLOCATIONS.—Section 3031(a) of the beth to be determined by the city of Elizabeth sion. Intermodal Surface Transportation Efficiency and the New Jersey Department of Transpor- (25) Knoxville—Electric Transit. Act of 1991 (105 Stat. 2122) is amended by adding tation (and which shall include connecting mid- (26) Lorain—Cleveland Commuter Rail. at the end the following: town Elizabeth to Route 1 Park and Ride, the (27) Los Angeles—MOS–4 East Side Extension ‘‘(3) ALLOCATIONS.— Elizabeth Car House Museum, Division Street, (II). ‘‘(A) RAIL CONNECTION BETWEEN PENN STATION Singer Place, Ferry Terminal, Jersey Gardens (28) Los Angeles—MOS–4 San Fernando Val- NEWARK AND BROAD STREET STATION, NEWARK.— Mall, Elizabeth Port to Lot D at Newark Air- ley East-West. Of the amounts made available for the New Jer- port) and any appropriate fixed guideway sys- (29) Los Angeles—LOSSAN (Del Mar-San sey Urban Core Project under section tem in Passaic County,’’. Diego). 5309(m)(1)(B) of title 49, United States Code, for (30) Maine High Speed Ferry Service. SEC. 333. PROJECTS FOR BUS AND BUS-RELATED fiscal years 1998 through 2003, the Secretary FACILITIES. (31) Maryland Route 5 Corridor. shall set aside 10 percent, but not more than Of the amounts made available to carry out (32) Memphis—Regional Rail Plan. $5,000,000, per fiscal year for preliminary engi- (33) Miami—Kendall Corridor. section 5309(m)(1)(C) for each of fiscal years neering, design, and construction of the rail (34) Miami—Northeast Corridor. 1999 and 2000, the Secretary shall make funds connection between Penn Station, Newark and (35) Miami—Palmetto Metrorail. available for the following projects in not less Broad Street Station, Newark. (36) New Jersey Trans-Hudson Midtown Cor- than the amounts specified for the fiscal year: ‘‘(B) NEWARK—NEWARK INTERNATIONAL AIR- ridor. PORT—ELIZABETH TRANSIT LINK.—Of the (37) New Orleans—Airport—CBD Commuter amounts made available for the New Jersey Rail. FY 1999 FY 2000 Urban Core Project under section 5309(m)(1)(B) Project (in mil- (in mil- (38) New Orleans—Desire Streetcar. lions) lions) (39) New York—Astoria—East Elmhurst Ex- of title 49, United States Code, for fiscal years 1998 through 2003, the Secretary, after making tension. 1. Albuquerque, NM (40) New York—Broadway—Lafayette & the set aside under subparagraph (A), shall set aside 10 percent, but not more than $5,000,000, buses ...... 1.250 1.250 Bleecker St Transfer. 2. Alexandria, VA (41) New York—Brooklyn—Manhattan Ac- per fiscal year for preliminary engineering, de- sign, and construction of the Newark—Newark bus maintenance fa- cess. cility ...... 1.000 1.000 (42) New York—Lower Manhattan Access. International Airport—Elizabeth Transit Link, 3. Alexandria, VA (43) New York—Manhattan East Side Link. including construction of the auxiliary New Jer- King Street Station (44) New York—Midtown West Intermodal sey Transit station, described in subsection (d). access ...... 1.100 0.000 Terminal. ‘‘(C) LIGHT RAIL CONNECTION AND ALIGNMENT 4. Altoona, PA (45) New York—Nassau Hub. WITHIN AND SERVING THE CITY OF ELIZABETH.— Metro Transit Au- (46) New York—North Shore Railroad. Of amounts made available for the New Jersey (47) New York—Queens West Light Rail Link. Urban Core Project under section 5309(m)(1)(B) thority buses and (48) New York—St. George’s Ferry Intermodal of title 49, United States Code, for fiscal years transit system im- Terminal. 1998 through 2003, the Secretary, after making provements ...... 0.842 0.842 (49) Newburgh—LRT System. the set-aside under subparagraphs (A) and (B), 5. Altoona, PA (50) North Front Range Corridor. shall set aside 10 percent but not more than Metro Transit Au- (51) Northeast Indianapolis Corridor. $5,000,000 per fiscal year for preliminary engi- thority Logan Valley (52) Oakland Airport—BART Connector. neering, design, and construction of the light Mall Suburban (53) Philadelphia—Broad Street Line Exten- rail connection and alignment within and serv- Transfer Center ...... 0.080 0.000 sion. ing the city of Elizabeth as described in sub- 6. DAltoona, PA (54) Philadelphia—Cross County Metro. section (d).’’. Metro Transit Au- (55) Philadelphia—Lower Marion Township. (2) CONFORMING AMENDMENT.—Section 3031(c) thority Transit Cen- (56) Pinellas County—Mobility Initiative of such Act is amended— ter improvements ...... 0.424 0.000 Project. (A) by striking ‘‘section 3(i) of the Federal 7. Arkansas High- (57) Pittsburgh—Stage II Light Rail Recon- Transit Act (relating to criteria for new starts)’’ way and Transit De- struction. and inserting ‘‘section 5309(e) of title 49, United partment buses ...... 0.200 0.000 (58) Redlands—San Bernardino Transpor- States Code,’’; and 8. DArmstrong tation Corridor. (B) by striking ‘‘; except’’ and all that follows County-Mid County, (59) Riverside—Perris rail passenger service. through ‘‘such element’’. PA bus facilities and (60) Salt Lake City—Draper Light Rail Exten- (3) ELEMENTS OF NEW JERSEY URBAN CORE buses ...... 0.150 0.150 sion. PROJECT.—Section 3031(d) of such Act is amend- 9. DAtlanta, GA (61) Salt Lake City—West Jordan Light Rail ed— MARTA buses ...... 9.000 13.500 Extension. (A) by inserting after ‘‘Secaucus Transfer’’ 10. Austin, TX buses 1.250 1.250 (62) San Francisco—CalTrain Extension to the following: ‘‘(including relocation and con- 11. Babylon, NY Hollister. struction of the Bergen County and Pascack Intermodal Center .... 1.250 1.250 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1969

FY 1999 FY 2000 FY 1999 FY 2000 FY 1999 FY 2000 Project (in mil- (in mil- Project (in mil- (in mil- Project (in mil- (in mil- lions) lions) lions) lions) lions) lions)

12. Birmingham-Jef- 38. Erie, PA Metro- 67. Los Angeles, CA ferson County, AL politan Transit Au- San Fernando Valley buses ...... 1.250 1.250 thority buses ...... 1.000 1.000 smart shuttle buses .. 0.300 0.000 13. Boulder/Denver, 39. Everett, WA 68. Los Angeles, CA CO RTD buses ...... 0.625 0.625 Multimodal Trans- Union Station Gate- 14. Bradford County, portation Center ...... 1.950 1.950 way Intermodal Endless Mountain 40. Fayette County, Transit Center ...... 1.250 1.250 Transportation Au- PA Intermodal Fa- 69. Louisiana state- thority buses ...... 1.000 0.000 cilities and buses ...... 1.270 1.270 wide bus facilities 15. Brookhaven 41. Fayetteville, AR and buses ...... 8.000 12.000 Town, NY elderly University of Arkan- 70. Maryland state- and disabled buses sas Transit System wide bus facilities and vans ...... 0.225 0.000 buses ...... 0.500 0.000 and buses ...... 7.000 11.500 16. Brooklyn-Staten 42. Fort Dodge, IA 71. Mercer County, Island, NY Mobility Intermodal Facility PA buses ...... 0.750 0.000 Enhancement buses .. 0.800 0.000 (Phase II) ...... 0.885 0.885 72. Miami Beach, FL 17. Broward County, 43. Gary, IN Transit Electric Shuttle Serv- FL buses ...... 1.000 0.000 Consortium buses ..... 1.250 1.250 ice ...... 0.750 0.750 18. Buffalo, NY Au- 44. Grant County, 73. Miami-Dade, FL ditorium Intermodal WA buses and vans .. 0.600 0.000 buses ...... 1.750 1.750 Center ...... 2.000 2.000 45. Greensboro, NC 74. Michigan state- 19. Buffalo, NY Multimodal Center ... 3.340 3.339 wide buses ...... 10.000 13.500 Crossroads Inter- 46. Greensboro, NC 75. Milwaukee Coun- modal Station ...... 1.000 0.000 Transit Authority ty, WI buses ...... 4.000 6.000 20. Cambria County, buses ...... 1.500 1.500 76. Mineola/Hicks- PA bus facilities and 47. Greensboro, NC ville, NY LIRR Inter- buses ...... 0.575 0.575 Transit Authority modal Centers ...... 1.250 1.250 21. Centre Area, PA small buses and vans 0.321 0.000 77. Mobile, AL Transportation Au- 48. Hartford, CT GM&O Intermodal thority buses ...... 1.250 1.250 Transportation Ac- Facility ...... 0.750 0.000 22. Chambersburg, cess Project ...... 0.800 0.000 78. Modesto, CA bus PA Transit Authority 49. Healdsburg, CA maintenance facility 0.625 0.625 buses ...... 0.300 0.000 Intermodal Facility .. 1.000 1.000 79. Monroe County, 23. DChambersburg, PA Transportation 50. Honolulu, HI bus PA Transit Authority Authority buses ...... 1.000 0.000 facility and buses ..... 2.250 2.250 Intermodal Center .... 1.000 0.000 80. Monterey, CA 51. Hot Springs, AR 24. Chatham, GA Monterey-Salinas Transportation Depot Downtown Transfer buses ...... 0.625 0.625 and Plaza ...... 0.560 0.560 Center, Multimodal 81. Morango Basin, 52. Humboldt, CA Circulator and CA Transit Authority Intermodal Facility .. 1.000 0.000 Southside Transit bus facility ...... 0.650 0.000 Center ...... 1.250 1.250 53. Huntington, WV 82. New Haven, CT 25. Chester County, Intermodal Facility .. 8.000 12.000 bus facility ...... 2.250 2.250 PA Paoli Transpor- 54. Illinois statewide 83. New Jersey Tran- tation Center ...... 1.000 1.000 buses and bus-related sit jitney shuttle 26. Clark County, equipment ...... 6.800 8.200 buses ...... 1.750 1.750 NV Regional Trans- 55. Indianapolis, IN 84. Newark, NJ Mor- portation Commission buses ...... 5.000 5.000 ris & Essex Station buses ...... 1.250 1.250 56. Iowa/Illinois access and buses ...... 1.250 1.250 27. Cleveland, OH Transit Consortium 85. Northstar Cor- Triskett Garage bus bus safety and secu- ridor, MN Intermodal maintenance facility 0.625 0.625 rity ...... 1.000 1.000 Facilities and buses .. 6.000 10.000 28. Crawford Area, 57. Ithaca, NY TCAT 86. Norwalk, CA PA Transportation bus technology im- transit facility ...... 0.500 0.500 buses ...... 0.500 0.000 provements ...... 1.250 1.250 87. Norwich, CT 29. Culver City, CA 58. Lackawanna buses ...... 2.250 2.250 CityBus buses ...... 1.250 1.250 County, PA Transit 88. Ogden, UT Inter- 30. Davis, CA System buses ...... 0.600 0.600 modal Center ...... 0.800 0.800 Unitrans transit 59. Lakeland, FL 89. Oklahoma state- maintenance facility 0.625 0.625 Citrus Connection wide bus facilities 31. Dayton, OH transit vehicles and and buses ...... 5.000 5.000 Multimodal Trans- related equipment .... 1.250 1.250 90. Orlando, FL portation Center ...... 0.625 0.625 60. Lane County, OR Downtown Inter- 32. Daytona, FL Bus Rapid Transit ... 4.400 4.400 modal Facility ...... 2.500 2.500 Intermodal Center .... 2.500 2.500 61. Lansing, MI 91. Palm Springs, CA 33. Duluth, MN CATA bus technology fuel cell buses ...... 1.000 1.000 Transit Authority improvements ...... 0.600 0.000 92. Perris, CA bus community circula- 62. Little Rock, AR maintenance facility 1.250 1.250 tion vehicles ...... 1.000 1.000 Central Arkansas 93. Philadelphia, PA 34. Duluth, MN Transit buses ...... 0.300 0.000 Frankford Transpor- Transit Authority in- 63. Livermore, CA tation Center ...... 5.000 5.000 telligent transpor- automatic vehicle lo- 94. Philadelphia, PA tation systems ...... 0.500 0.500 cator ...... 1.000 1.000 Intermodal 30th 35. Duluth, MN 64. Long Island, NY Street Station ...... 1.250 1.250 Transit Authority CNG transit vehicles 95. Portland, OR Tri- Transit Hub ...... 0.500 0.500 and facilities ...... 1.250 1.250 Met buses ...... 1.750 1.750 36. Dutchess County, 65. Los Angeles 96. Pritchard, AL NY Loop System County, CA Foothill bus transfer facility 0.500 0.000 buses ...... 0.521 0.521 Transit buses ...... 1.625 1.625 97. Reading, PA 37. East Hampton, 66. Los Angeles BARTA Intermodal NY elderly and dis- County, CA MTOC Transportation Facil- abled buses and vans 0.100 0.000 buses ...... 1.000 1.000 ity ...... 1.750 1.750 H1970 CONGRESSIONAL RECORD — HOUSE April 1, 1998

FY 1999 FY 2000 FY 1999 FY 2000 scope of work and dollar amounts of such con- Project (in mil- (in mil- Project (in mil- (in mil- tracts. lions) lions) lions) lions) (4) A determination of whether the project management oversight activities conducted by 98. Red Rose, PA 127. Ukiah, CA Trans- the Secretary are authorized under section 5327. Transit Bus Terminal 1.000 0.000 portation Center ...... 0.500 0.000 (5) A description of any cost savings or pro- 99. Richmond, VA 128. Utah Transit Au- gram improvements resulting from project man- GRTC bus mainte- thority, UT Inter- agement oversight. nance facility ...... 1.250 1.250 modal Facilities ...... 1.500 1.500 (6) Recommendations regarding any changes 100. Riverhead, NY el- 129. Utah Transit Au- that would improve the project management derly and disabled thority/Park City oversight function. buses and vans ...... 0.125 0.000 Transit, UT buses .... 6.500 6.500 (c) REPORT.—Not later than 12 months after 101. Robinson, PA 130. Utica, NY Union the date of the enactment of this Act, the Comp- Towne Center Inter- Station ...... 2.100 2.100 troller General shall transmit to the Committee modal Facility ...... 1.500 1.500 131. Utica and Rome, on Transportation and Infrastructure of the House of Representatives and the Committee on 102. Rome, NY Inter- NY bus facilities and Banking, Housing, and Urban Affairs of the modal Center ...... 0.400 0.000 buses ...... 0.500 0.000 Senate a report containing the results of the 103. Sacramento, CA 132. Washington study. CNG buses ...... 1.000 0.000 County, PA Inter- SEC. 335. PRIVATIZATION. 104. San Francisco, modal Facilities ...... 0.630 0.630 (a) STUDY.—Not later than 3 months after the CA Islais Creek 133. Washington, D.C. date of the enactment of this Act, the Secretary Maintenance Facility 1.250 1.250 Intermodal Transpor- shall enter into an agreement with the Trans- 105. San Juan, Puerto tation Center ...... 2.500 2.500 portation Research Board of the National Acad- Rico Intermodal ac- 134. Washoe County, emy of Sciences to conduct a study of the effect cess ...... 0.600 0.600 NV transit improve- ments ...... 1.250 1.250 of privatization or contracting out mass trans- 106. Santa Clarita, CA portation operation and administrative func- facilities and buses ... 1.250 1.250 135. Waterbury, CT bus facility ...... 2.250 2.250 tions on cost, availability and level of service, 107. Santa Cruz, CA 136. West Virginia efficiency, safety, quality of services provided to bus facility ...... 0.625 0.625 statewide Intermodal transit-dependent populations, and employer- 108. Santa Rosa/ Facility and buses .... 5.000 5.000 employee relations. Cotati, CA Inter- 137. Westchester (b) TERMS OF AGREEMENT.—The agreement modal Transpor- County, NY Bee-Line entered into in subsection (a) shall provide tation Facilities ...... 0.750 0.750 transit system that— 109. Seattle, WA fareboxes ...... 0.979 0.979 (1) the Transportation Research Board, in Intermodal Transpor- 138. Westchester conducting the study, consider the number of tation Terminal ...... 1.250 1.250 County, NY Bee-Line grant recipients that have privatized or con- 110. Shelter Island, transit system shuttle tracted out services, the size of the population NY elderly and dis- buses ...... 1.000 1.000 served by such grant recipients, the basis for de- abled buses and vans 0.100 0.000 139. Westchester cisions regarding privatization or contracting 111. Smithtown, NY County, NY DOT ar- out, and the extent to which contracting out elderly and disabled ticulated buses ...... 1.250 1.250 was affected by the integration and coordina- buses and vans ...... 0.125 0.000 140. Westmoreland tion of resources of transit agencies and other 112. Somerset County, County, PA Inter- Federal agencies and programs; and PA bus facilities and modal Facility ...... 0.200 0.200 (2) the panel conducting the study shall in- buses ...... 0.175 0.175 141. Wilkes-Barre, PA clude representatives of transit agencies, em- 113. South Amboy, NJ Intermodal Facility .. 1.250 1.250 ployees of transit agencies, private contractors, Regional Intermodal 142. Williamsport, PA academic and policy analysts, and other inter- Transportation Ini- buses ...... 1.200 1.200 ested persons. (c) REPORT.—Not later than 24 months after tiative ...... 1.250 1.250 143. Windsor, CA the date of entry into the agreement under sub- 114. South Bend, IN Intermodal Facility .. 0.750 0.750 section (a), the Secretary shall transmit to the Urban Intermodal 144. Wisconsin state- Committee on Transportation and Infrastruc- Transportation Facil- wide bus facilities ture of the House of Representatives and the ity ...... 1.250 1.250 and buses ...... 8.000 12.000 Committee on Banking, Housing, and Urban Af- 115. South Carolina 145. Woodland Hills, fairs of the Senate a report containing the re- statewide Virtual CA Warner Center sults of the study. Transit Enterprise .... 1.220 1.220 Transportation Hub 0.325 0.625 (d) FUNDING.—There shall be available from 116. South Dakota 146. Worcester, MA the Mass Transit Account of the Highway Trust statewide bus facili- Union Station Inter- Fund to carry out this section $200,000 for fiscal ties and buses ...... 1.500 1.500 modal Transpor- year 1998, subject to the obligation limitation set 117. Southampton, NY tation Center ...... 2.500 2.500 elderly and disabled forth in section 329(b). 147. Lynchburg, VA (e) CONTRACTUAL OBLIGATION.—Entry into an buses and vans ...... 0.125 0.000 buses ...... 0.200 0.000 agreement to carry out this section that is fi- 118. Southold, NY el- 148. Harrisonburg, VA nanced with amounts made available under sub- derly and disabled buses ...... 0.200 0.000 section (c) is a contractual obligation of the buses and vans ...... 0.100 0.000 149. Roanoke, VA United States to pay the Government’s share of 119. Springfield, MA buses ...... 0.200 0.000 the cost of the study. Union Station ...... 1.250 1.250 SEC. 336. SCHOOL TRANSPORTATION SAFETY. 120. St. Louis, MO Bi- SEC. 334. PROJECT MANAGEMENT OVERSIGHT. (a) STUDY.—Not later than 3 months after the state Intermodal Cen- (a) STUDY.—The Comptroller General shall date of the enactment of this Act, the Secretary ter ...... 1.250 1.250 conduct a study of the Secretary of Transpor- shall enter into an agreement with the Trans- 121. Stapleton, CO tation’s implementation of project management portation Research Board of the National Acad- Intermodal Center .... 1.250 1.250 oversight under section 5327 of title 49, United emy of Sciences to conduct a study of the safety States Code. 122. Suffolk County, issues attendant to transportation of school NY elderly and dis- (b) CONTENTS.—The study shall include the children to and from school and school-related abled buses and vans 0.100 0.000 following: activities by various transportation modes. 123. Texas statewide (1) A listing of the amounts made available (b) TERMS OF AGREEMENT.—The agreement small urban and under section 5327(c)(1) of title 49, United States entered into in subsection (a) shall provide rural buses ...... 4.000 4.500 Code, for project management oversight in each that— 124. Towamencin of fiscal years 1992 through 1997 and a descrip- (1) the Transportation Research Board, in Township, PA Inter- tion of the activities funded using such conducting the study, consider— modal Bus Transpor- amounts. (A) in consultation with the National Trans- tation Center ...... 1.500 1.500 (2) A description of the major capital projects portation Safety Board, the Bureau of Trans- 125. Tuscaloosa, AL subject to project management oversight, includ- portation Statistics, and other relevant entities, Intermodal Center .... 1.000 0.000 ing the grant amounts for such projects. available crash injury data, and if unavailable 126. Tuscon, AZ (3) A description of the contracts entered into or insufficient, recommend a new data collection Intermodal Center .... 1.250 1.250 for project management oversight, including the regimen and implementation guidelines; and April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1971 (B) vehicle design and driver training require- Federal Transit Administration of preaward and sponsibility for improving motor carrier safety ments, routing, and operational factors that af- post-delivery audits for compliance with the re- and to adopt and enforce’’; and fect safety and other factors that the Secretary quirements for final assembly of buses of section (B) by inserting ‘‘, hazardous material trans- considers appropriate; and 5323(j) of title 49, United States Code. portation safety,’’ after ‘‘commercial motor vehi- (2) the panel conducting the study shall in- (b) REPORT.—Not later than 6 months after cle safety’’. clude representatives of highway safety organi- the date of the enactment of this Act, the Comp- (c) CONTENTS OF STATE PLANS.—Section zations, school transportation, mass transpor- troller General shall transmit to the Committee 31102(b)(1) is amended— tation operators, employee organizations, bicy- on Transportation and Infrastructure of the (1) in subparagraph (J) by inserting ‘‘(1)’’ cling organizations, academic and policy ana- House of Representatives and the Committee on after ‘‘(c)’’; lysts, and other interested parties. Banking, Housing, and Urban Affairs of the (2) by striking subparagraphs (K), (L), (M), (c) REPORT.—Not later than 12 months after Senate a report containing the results of the and (N) and inserting the following: the date of entry into the agreement under sub- study. ‘‘(K) ensures consistent, effective, and reason- able sanctions; section (a), the Secretary shall transmit to the TITLE IV—MOTOR CARRIER SAFETY Committee on Transportation and Infrastruc- ‘‘(L) ensures that the State agency will co- SEC. 401. AMENDMENTS TO TITLE 49, UNITED ture of the House of Representatives and the ordinate the plan, data collection, and informa- STATES CODE. tion systems with State highway safety pro- Committee on Banking, Housing, and Urban Af- Except as otherwise specifically provided, fairs of the Senate a report containing the re- grams under title 23; whenever in this title an amendment or repeal is ‘‘(M) ensures participation in motor carrier, sults of the study. expressed in terms of an amendment to, or re- (d) FUNDING.—There shall be available from commercial motor vehicle, and driver informa- peal of, a section or other provision of law, the tion systems by all appropriate jurisdictions re- the Mass Transit Account of the Highway Trust reference shall be considered to be made to a Fund to carry out this section $200,000 for fiscal ceiving funding under this section; section or other provision of title 49, United ‘‘(N) implements performance-based activities year 1998, subject to the obligation limitation set States Code. forth in section 329(b). by fiscal year 2003;’’; SEC. 402. STATE GRANTS. (3) in subparagraph (O)— (e) CONTRACTUAL OBLIGATION.—Entry into an (a) OBJECTIVE AND DEFINITIONS.—Section (A) by inserting after ‘‘activities’’ the follow- agreement to carry out this section that is fi- 31101 is amended— ing: ‘‘in support of national priorities and per- nanced with amounts made available under sub- (1) by striking formance goals, including’’; section (c) is a contractual obligation of the (B) by striking ‘‘to remove’’ in clause (i) and United States to pay the Government’s share of ‘‘§ 31101. Definitions’’ and inserting the following: inserting ‘‘activities aimed at removing’’; the cost of the study. (C) by striking ‘‘to provide’’ in clause (ii) and SEC. 337. URBANIZED AREA FORMULA STUDY. ‘‘§ 31101. Objective and definitions’’; inserting ‘‘activities aimed at providing’’; and (a) STUDY.—The Secretary shall conduct a (2) in paragraph (1)(A)— (D) by inserting ‘‘and’’ after the semicolon at study to determine whether the current formula (A) by inserting ‘‘or gross vehicle weight’’ the end of clause (ii); and for apportioning funds to urbanized areas accu- after ‘‘rating’’; and (E) by striking clauses (iii) and (iv) and in- rately reflects the transit needs of the urbanized (B) by striking ‘‘10,000 pounds’’ and inserting serting the following: areas and if not whether any changes should be ‘‘10,001 pounds, whichever is greater’’; ‘‘(iii) interdiction activities affecting the made either to the formula or through some (3) in paragraph (1)(C) by inserting ‘‘and transportation of controlled substances by com- other mechanism to reflect the fact that some transported in a quantity requiring placarding mercial motor vehicle drivers and training on urbanized areas with a population between under regulations prescribed by the Secretary appropriate strategies for carrying out those 50,000 and 200,000 have transit systems that under section 5103’’ after ‘‘title’’; interdiction activities;’’; carry more passengers per mile or hour than the (4) by striking ‘‘In this subchapter—’’ and in- (4) by striking subparagraph (P) and inserting average of those transit systems in urbanized serting the following: the following: areas with a population over 200,000. ‘‘(b) DEFINITIONS.—In this subchapter the fol- ‘‘(P) provides that the State will establish a (b) REPORT.—Not later than December 31, lowing definitions apply:’’; and program to ensure the proper and timely correc- 1999, the Secretary shall transmit to the Commit- (5) by inserting after the section heading the tion of commercial motor vehicle safety viola- tee on Transportation and Infrastructure of the following: tions noted during an inspection carried out House of Representatives and the Committee on ‘‘(a) OBJECTIVE.—The objective of this sub- with funds authorized under section 31104;’’; Banking, Housing, and Urban Affairs of the chapter is to ensure that the Secretary, States, (5) by striking the period at the end of sub- Senate a report on the results of the study con- and other political jurisdictions establish pro- paragraph (Q) and inserting ‘‘; and’’; and ducted under this section together with any pro- grams to improve motor carrier, commercial (6) by adding at the end the following: posed changes to the method for apportioning motor vehicle, and driver safety to support a ‘‘(R) ensures that roadside inspections will be funds to urbanized areas with a population over safe and efficient transportation system by— conducted only at a distance that is adequate to 50,000. ‘‘(1) promoting safe for-hire and private trans- protect the safety of drivers and enforcement portation, including transportation of pas- personnel.’’. SEC. 338. COORDINATED TRANSPORTATION SERV- ICES. sengers and hazardous materials, to reduce the (d) UNITED STATES GOVERNMENT’S SHARE OF number and severity of commercial motor vehicle COSTS.—The first sentence of section 31103 is (a) STUDY.—The Comptroller General shall conduct a study of Federal departments and crashes; amended by inserting ‘‘improve commercial ‘‘(2) developing and enforcing effective, com- agencies (other than the Department of Trans- motor vehicle safety and’’ before ‘‘enforce’’. patible, and cost-beneficial motor carrier, com- (e) AVAILABILITY OF AMOUNTS.—Section portation) that receive Federal financial assist- mercial motor vehicle, and driver safety regula- 31104(a) of such title is amended to read as fol- ance for non-emergency transportation services. tions and practices, including enforcement of lows: (b) CONTENTS.—In conducting the study, the ‘‘(a) IN GENERAL.—The following amounts are Comptroller General shall— State and local traffic safety laws and regula- made available from the Highway Trust Fund (1) identify each Federal department and tions; ‘‘(3) assessing and improving statewide pro- (other than the Mass Transit Account) for the agency (other than the Department of Transpor- gram performance by setting program outcome Secretary of Transportation to incur obligations tation) that has received Federal financial as- goals, improving problem identification and to carry out section 31102: sistance for non-emergency transportation serv- countermeasures planning, designing appro- ‘‘(1) Not more than $78,000,000 for fiscal year ices in any of the 3 fiscal years preceding the priate performance standards, measures, and 1998. date of the enactment of this Act; ‘‘(2) Not more than $110,000,000 for fiscal year (2) identify the amount of such assistance re- benchmarks, improving performance informa- 1999. ceived by each Federal department and agency tion, and monitoring program effectiveness; ‘‘(4) ensuring that drivers of commercial motor ‘‘(3) Not more than $130,000,000 for each of fis- in such fiscal years; and vehicles and enforcement personnel obtain ade- cal years 2000 through 2003.’’ (3) identify the projects and activities funded quate training in safe operational practices and (f) CONFORMING AMENDMENT.—Section using such financial assistance. regulatory requirements; and 31104(b) is amended by striking ‘‘(1)’’ and by (c) REPORT.—Not later than 1 year after the ‘‘(5) advancing promising technologies and striking paragraph (2). date of the enactment of this Act, the Comptrol- encouraging adoption of safe operational prac- (g) ALLOCATION CRITERIA AND ELIGIBILITY.— ler General shall transmit to the Committee on tices.’’. Section 31104 is further amended— Transportation and Infrastructure of the House (b) PERFORMANCE-BASED GRANTS AND HAZ- (1) by striking subsections (f) and (g) and in- of Representatives and the Committee on Bank- ARDOUS MATERIALS TRANSPORTATION SAFETY.— serting the following: ing, Housing, and Urban Affairs of the Senate Section 31102 is amended— ‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.— a report containing the results of the study and (1) in subsection (a)— ‘‘(1) IN GENERAL.—On October 1 of each fiscal any recommendations for enhanced coordina- (A) by inserting ‘‘improving motor carrier year or as soon after that date as practicable tion between the Department of Transportation safety and’’ after ‘‘programs for’’; and and after making the deduction under sub- and other Federal departments and agencies (B) by inserting ‘‘, hazardous material trans- section (e), the Secretary shall allocate amounts that provide funding for non-emergency trans- portation safety,’’ after ‘‘commercial motor vehi- made available to carry out section 31102 for portation. cle safety’’; and such fiscal year among the States with plans SEC. 339. FINAL ASSEMBLY OF BUSES. (2) in the first sentence of paragraph (b)(1)— approved under section 31102. Such allocation (a) STUDY.—The Comptroller General shall (A) by striking ‘‘adopt and assume respon- shall be made under such criteria as the Sec- conduct a study to review monitoring by the sibility for enforcing’’ and inserting ‘‘assume re- retary prescribes by regulation. H1972 CONGRESSIONAL RECORD — HOUSE April 1, 1998

‘‘(2) HIGH-PRIORITY ACTIVITIES AND carrier and registrant and other information the The amounts made available under this sub- PROJECTS.—The Secretary may designate up to 5 Secretary considers appropriate, including in- section shall remain available until expended. percent of amounts available for allocation formation on motor carrier, commercial motor ‘‘(b) CONTRACT AUTHORITY.—Approval by the under paragraph (1) to reimburse— vehicle, and driver safety performance. Secretary of a grant with funds made available ‘‘(A) States for carrying out high priority ac- ‘‘(2) DESIGN.—The program shall link Federal under this section imposes upon the United tivities and projects that improve commercial safety information systems with State registra- States Government a contractual obligation for motor vehicle safety and compliance with com- tion and licensing systems and shall be designed payment of the Government’s share of costs in- mercial motor vehicle safety regulations, includ- to enable a State to— curred in carrying out the objectives of the ing activities and projects that are national in ‘‘(A) determine the safety fitness of a motor grant.’’. scope, increase public awareness and education, carrier or registrant when licensing or register- (c) SUBCHAPTER HEADING.—The heading for or demonstrate new technologies; and ing the motor carrier or commercial motor vehi- subchapter I of chapter 311 is amended by in- ‘‘(B) local governments and other persons that cle or while the license or registration is in ef- serting after ‘‘GRANTS’’ the following: ‘‘AND use trained and qualified officers and employ- fect; and OTHER COMMERCIAL MOTOR VEHICLE ees, for carrying out activities and projects de- ‘‘(B) decide, in cooperation with the Sec- PROGRAMS’’. scribed in subparagraph (A) in coordination retary, whether and what types of sanctions or (d) CONFORMING AMENDMENTS.—The table of with State motor vehicle safety agencies.’’; operating limitations to impose on the motor sections for chapter 311 is amended— (2) by redesignating subsection (h) as sub- carrier or registrant to ensure safety. (1) by striking section (g); ‘‘(3) CONDITIONS FOR PARTICIPATION.—The ‘‘SUBCHAPTER I—STATE GRANTS’’ (3) by striking subsection (i); Secretary shall require States, as a condition of and inserting (4) by redesignating subsection (j) as sub- participation in the program, to— ‘‘SUBCHAPTER I—STATE GRANTS AND section (h); and ‘‘(A) comply with the technical and oper- OTHER COMMERCIAL MOTOR VEHICLE (5) in the first sentence of subsection (h), as so ational standards prescribed by the Secretary PROGRAMS’’; redesignated, by striking ‘‘tolerance’’. under subsection (a)(4); and (h) CONFORMING AMENDMENT.—The table of ‘‘(B) possess or seek authority to impose com- (2) by striking the item relating to section sections for chapter 311 is amended by striking mercial motor vehicle registration sanctions or 31106 and inserting the following: the item relating to section 31101 and inserting operating limitations on the basis of a Federal ‘‘31106. Information systems.’’; and the following: safety fitness determination. (3) by striking the item relating to section ‘‘31101. Objective and definitions.’’. ‘‘(4) FUNDING.—Of the amounts made avail- 31107 and inserting the following: SEC. 403. INFORMATION SYSTEMS. able under section 31107, not more than ‘‘31107. Authorization of appropriations for in- (a) IN GENERAL.—Section 31106 is amended to $6,000,000 in each of fiscal years 1998 through formation systems.’’. read as follows: 2003 may be used to carry out this subsection. SEC. 404. AUTOMOBILE TRANSPORTER DEFINED. ‘‘(c) COMMERCIAL MOTOR VEHICLE DRIVER ‘‘§ 31106. Information systems Section 31111(a) is amended— SAFETY PROGRAM.—In coordination with the in- (1) by striking ‘‘section—’’ and inserting ‘‘sec- ‘‘(a) INFORMATION SYSTEMS AND DATA ANALY- formation system under section 31309, the Sec- tion, the following definitions apply:’’; SIS.— retary is authorized to establish a program to (2) by inserting after ‘‘(1)’’ the following: ‘‘(1) IN GENERAL.—Subject to the provisions of improve commercial motor vehicle driver safety. ‘‘MAXI-CUBE VEHICLE.—The term’’; this section, the Secretary shall establish and The objectives of the program shall include— (3) by inserting after ‘‘(2)’’ the following: operate motor carrier, commercial motor vehicle, ‘‘(1) enhancing the exchange of driver licens- ‘‘TRUCK TRACTOR.—The term’’; and driver information systems and data analy- ing information among the States and among (4) by redesignating paragraphs (1) and (2) as sis programs to support safety activities required the States, the Federal Government, and foreign paragraphs (2) and (3), respectively; and under this title. countries; (5) by inserting before paragraph (2), as so re- ‘‘(2) COORDINATION INTO NETWORK.—In co- ‘‘(2) providing information to the judicial sys- designated, the following: operation with the States, the information sys- tem on commercial motor vehicle drivers; ‘‘(1) AUTOMOBILE TRANSPORTER.—The term tems under this section shall be coordinated into ‘‘(3) evaluating any aspect of driver perform- ‘automobile transporter’ means any vehicle com- a network providing identification of motor car- ance that the Secretary determines appropriate; bination designed and used specifically for the riers and drivers, commercial motor vehicle reg- and transport of assembled highway vehicles.’’. istration and license tracking, and motor car- ‘‘(4) developing appropriate strategies and SEC. 405. INSPECTIONS AND REPORTS. rier, commercial motor vehicle, and driver safety countermeasures to improve driver safety. (a) GENERAL POWERS OF THE SECRETARY.— performance data. ‘‘(d) COOPERATIVE AGREEMENTS, GRANTS, AND Section 31133(a)(1) is amended by inserting ‘‘and ‘‘(3) DATA ANALYSIS CAPACITY AND PRO- CONTRACTS.—The Secretary may carry out this make contracts for’’ after ‘‘conduct’’. GRAMS.—The Secretary shall develop and main- section either independently or in cooperation (b) REPORTS AND RECORDS.—Section 504(c) is tain under this section data analysis capacity with other Federal departments, agencies, and amended by inserting ‘‘(and, in the case of a and programs that provide the means to— instrumentalities, or by making grants to, and motor carrier, a contractor)’’ before the second ‘‘(A) identify and collect necessary motor car- entering into contracts and cooperative agree- comma. rier, commercial motor vehicle, and driver data; ments with, States, local governments, associa- SEC. 406. EXEMPTIONS AND PILOT PROGRAMS. ‘‘(B) evaluate the safety fitness of motor car- tions, institutions, corporations, and other per- (a) IN GENERAL.—Section 31315 is amended to riers, commercial motor vehicles, and drivers; sons. read as follows: ‘‘(C) develop strategies to mitigate safety prob- ‘‘(e) INFORMATION AVAILABILITY AND PRIVACY lems and to measure the effectiveness of such ‘‘§ 31315. Exemptions and pilot programs PROTECTION.— ‘‘(a) EXEMPTIONS.— strategies and related programs; ‘‘(1) AVAILABILITY OF INFORMATION.—The ‘‘(1) IN GENERAL.—Upon receipt of a request ‘‘(D) determine the cost-effectiveness of Fed- Secretary shall make data collected in systems pursuant to paragraph (3), the Secretary of eral and State safety and enforcement programs and through programs under this section avail- Transportation may grant to a person or class and other countermeasures; and able to the public to the maximum extent permis- of persons an exemption from a regulation pre- ‘‘(E) adapt, improve, and incorporate other sible under the Privacy Act of 1974 (5 U.S.C. scribed under this chapter or section 31136 if the information and information systems as the Sec- 552a) and the Freedom of Information Act (5 Secretary finds such exemption would likely retary determines appropriate. U.S.C. 552). ‘‘(4) STANDARDS.—To implement this section, achieve a level of safety equal to or greater than ‘‘(2) REVIEW OF DATA.—The Secretary shall the level that would be achieved absent such ex- the Secretary may prescribe technical and oper- allow individuals and motor carriers to whom emption. An exemption may be granted for no ational standards to ensure— the data pertains to review periodically such ‘‘(A) uniform, timely, and accurate informa- longer than 2 years from its approval date and data and to request corrections or clarifications. tion collection and reporting by the States and may be renewed upon application to the Sec- ‘‘(3) STATE AND LOCAL OFFICIALS.—State and other entities; local safety and enforcement officials shall have retary. ‘‘(B) uniform Federal, State, and local policies ‘‘(2) AUTHORITY TO REVOKE EXEMPTION.—The access to data made available under this sub- and procedures; and Secretary shall immediately revoke an exemp- section to the same extent as Federal safety and ‘‘(C) the reliability and availability of the in- tion if the person fails to comply with the terms enforcement officials.’’. formation to the Secretary, States, and others as and conditions of such exemption or if continu- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- the Secretary determines appropriate. ation of the exemption would not be consistent tion 31107 is amended to read as follows: ‘‘(b) PERFORMANCE AND REGISTRATION INFOR- with the goals and objectives of this chapter or MATION PROGRAM.— ‘‘§ 31107. Authorization of appropriations for section 31136, as the case may be. ‘‘(1) INFORMATION CLEARINGHOUSE.—The Sec- information systems ‘‘(3) REQUESTS FOR EXEMPTION.—Not later retary shall include, as part of the information ‘‘(a) IN GENERAL.—There shall be available than 180 days after the date of the enactment of systems authorized by this section, a program to from the Highway Trust Fund (other than the this section and after notice and an opportunity establish and maintain a clearinghouse and re- Mass Transit Account) to carry out sections for public comment, the Secretary shall specify pository of information related to State registra- 31106 and 31309 of this title— by regulation the procedures by which a person tion and licensing of commercial motor vehicles ‘‘(1) $7,000,000 for fiscal year 1998; may request an exemption. Such regulations and the motor carriers operating the vehicles. ‘‘(2) $15,000,000 for fiscal year 1999; and shall, at a minimum, require the person to pro- The clearinghouse and repository shall include ‘‘(3) $20,000,000 for each of fiscal years 2000 vide the following information for each exemp- information on the safety fitness of each motor through 2003. tion request: April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1973

‘‘(A) The provisions from which the person re- ‘‘(E) An oversight plan to ensure that partici- ‘‘(c) REVIEW AND DECISIONS BY SECRETARY.— quests exemption. pants comply with the terms and conditions of ‘‘(1) REVIEW.—The Secretary shall review ‘‘(B) The time period during which the exemp- participation. State laws and regulations on commercial motor tion would apply. ‘‘(F) Adequate countermeasures to protect the vehicle safety. The Secretary shall decide ‘‘(C) An analysis of the safety impacts the ex- health and safety of study participants and the whether the State law or regulation— emption may cause. general public. ‘‘(A) has the same effect as a regulation pre- ‘‘(D) The specific countermeasures the person ‘‘(G) A plan to inform State partners and the scribed by the Secretary under section 31136; would undertake, if the exemption were grant- public about the pilot program and to identify ‘‘(B) is less stringent than such regulation; or ed, to ensure an equal or greater level of safety approved participants to safety compliance and ‘‘(C) is additional to or more stringent than than would be achieved absent the exemption. enforcement personnel and to the public. such regulation. ‘‘(4) NOTICE AND COMMENT.— ‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.— ‘‘(2) REGULATIONS WITH SAME EFFECT.—If the ‘‘(A) UPON RECEIPT OF A REQUEST.—Upon re- The Secretary shall immediately revoke partici- Secretary decides a State law or regulation has ceipt of an exemption request, the Secretary pation in a pilot program of a motor carrier, ve- the same effect as a regulation prescribed by the shall publish in the Federal Register a notice ex- hicle, or driver for failure to comply with the Secretary under section 31136 of this title, the plaining the request that has been filed and terms and conditions of the pilot program or if State law or regulation may be enforced. shall give the public an opportunity to inspect continued participation would not be consistent ‘‘(3) LESS STRINGENT REGULATIONS.—If the the safety analysis and any other relevant in- with the goals and objectives of this chapter or Secretary decides a State law or regulation is formation known to the Secretary and to com- section 31136, as the case may be. less stringent than a regulation prescribed by ment on the request. This subparagraph does ‘‘(4) AUTHORITY TO TERMINATE PROGRAM.— the Secretary under section 31136 of this title, not require the release of information protected The Secretary shall immediately terminate a the State law or regulation may not be enforced. by law from public disclosure. pilot program if its continuation would not be ‘‘(4) ADDITIONAL OR MORE STRINGENT REGULA- TIONS.—If the Secretary decides a State law or ‘‘(B) UPON GRANTING A REQUEST.—Upon consistent with the goals and objectives of this granting a request for exemption, the Secretary chapter or section 31136, as the case may be. regulation is additional to or more stringent shall publish in the Federal Register the name ‘‘(5) REPORT TO CONGRESS.—At the conclusion than a regulation prescribed by the Secretary of the person granted the exemption, the provi- of each pilot program, the Secretary shall under section 31136 of this title, the State law or sions from which the person will be exempt, the promptly report to Congress the findings, con- regulation may be enforced unless the Secretary effective period, and all terms and conditions of clusions, and recommendations of the program, also decides that— ‘‘(A) the State law or regulation has no safety the exemption. including suggested amendments to law or regu- benefit; ‘‘(C) UPON DENYING A REQUEST.—Upon deny- lation that would enhance motor carrier, vehi- ‘‘(B) the State law or regulation is incompat- ing a request for exemption, the Secretary shall cle, and driver safety and improve compliance ible with the regulation prescribed by the Sec- publish in the Federal Register the name of the with national safety standards. retary; or person denied the exemption and the reasons for ‘‘(c) PREEMPTION OF STATE RULES.—During ‘‘(C) enforcement of the State law or regula- such denial. the time period that an exemption or pilot pro- tion would cause an unreasonable burden on ‘‘(5) APPLICATIONS TO BE DEALT WITH PROMPT- gram is in effect under this section, no State interstate commerce. LY.—The Secretary shall grant or deny an ex- shall enforce any law or regulation that con- ‘‘(5) CONSIDERATION OF EFFECT ON INTERSTATE emption request after a thorough review of its flicts with or is inconsistent with an exemption or pilot program with respect to a person exer- COMMERCE.—In deciding under paragraph (4) safety implications, but in no case later than 180 whether a State law or regulation will cause an days after the filing date of such request, or the cising the exemption or participating in the pilot program.’’. unreasonable burden on interstate commerce, Secretary shall publish in the Federal Register the Secretary may consider the effect on inter- the reason for the delay in the decision and an (b) TABLE OF SECTIONS.—The table of sections for chapter 313 is amended by striking the item state commerce of implementation of that law or estimate of when the decision will be made. regulation with the implementation of all simi- ‘‘(6) TERMS AND CONDITIONS.—The Secretary relating to section 31315 and inserting the fol- lowing: lar laws and regulations of other States.’’; shall establish terms and conditions for each ex- (2) by striking subsection (e); and emption to ensure that it will likely achieve a ‘‘31315. Exemptions and pilot programs.’’. (3) by redesignating subsections (f), (g), and level of safety equal to or greater than the level (c) CONFORMING AMENDMENT.—Section (h) as subsections (e), (f), and (g), respectively. that would be achieved absent such exemption. 31136(e) is amended to read as follows: (e) INSPECTION OF SAFETY EQUIPMENT.—Sec- The Secretary shall monitor the implementation ‘‘(e) EXEMPTIONS.—The Secretary may grant tion 31142(a) is amended by striking ‘‘part 393 of of the exemption to ensure compliance with its exemptions from any regulation prescribed title 49, Code of Federal Regulations’’ and in- terms and conditions. under this section in accordance with section serting ‘‘the regulations issued under section ‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND 31315.’’. 31136’’. ENFORCEMENT PERSONNEL.—Before granting a (d) PROTECTION OF EXISTING EXEMPTIONS.— (f) PROTECTION OF STATES PARTICIPATING IN request for exemption, the Secretary shall notify The amendments made by subsections (a) and STATE GROUPS.—Section 31142(c)(1)(C) is State safety compliance and enforcement per- (c) of this section shall not apply to or otherwise amended— sonnel, including roadside inspectors, and the affect an exemption or waiver in effect on the (1) by inserting after ‘‘from’’ the following: public that a person will be operating pursuant day before the date of the enactment of this Act ‘‘participating in the activities of a voluntary to an exemption and any terms and conditions under section 31315 or 31136(e) of title 49, United group of States’’; and that will apply to the exemption. States Code. (2) by striking ‘‘that meets’’ and all that fol- ‘‘(b) PILOT PROGRAMS.— SEC. 407. SAFETY REGULATION. lows through ‘‘1984’’. ‘‘(1) IN GENERAL.—The Secretary may conduct (a) COMMERCIAL MOTOR VEHICLE DEFINED.— (g) REPORT.—Not later than 180 days after the pilot programs to evaluate innovative ap- Section 31132(1) is amended— date of the enactment of this Act, the Secretary proaches to motor carrier, vehicle, and driver (1) in subparagraph (A)— shall transmit to the Committee on Transpor- safety. Such pilot programs may include exemp- (A) by inserting ‘‘or gross vehicle weight’’ tation and Infrastructure of the House of Rep- tions from a regulation prescribed under this after ‘‘rating’’; and resentatives and the Committee on Commerce, chapter or section 31136 if the pilot program (B) by inserting ‘‘, whichever is greater’’ after Science, and Transportation of the Senate a re- contains, at a minimum, the elements described ‘‘pounds’’; and port on the status of implementation of the in paragraph (2). The Secretary shall publish in (2) in subparagraph (B)— amendments made by subsection (a)(2) of this the Federal Register a detailed description of (A) by inserting ‘‘or livery’’ after ‘‘taxicab’’; section. the program and the exemptions to be consid- and SEC. 408. IMPROVED INTERSTATE SCHOOL BUS ered and provide notice and an opportunity for (B) by striking ‘‘6 passengers’’ and inserting SAFETY. public comment before the effective date of any ‘‘8 passengers, including the driver,’’. (a) APPLICABILITY OF FEDERAL MOTOR CAR- exemptions. (b) REPEAL OF REVIEW PANEL.—Section 31134, RIER SAFETY REGULATIONS TO INTERSTATE ‘‘(2) PROGRAM ELEMENTS.—In proposing a and the item relating to such section in the table SCHOOL BUS OPERATIONS.—Section 31136 is pilot program and before granting exemptions of sections for chapter 311, are repealed. amended by adding at the end the following: for purposes of a pilot program, the Secretary (c) REPEAL OF SUBMISSION TO REVIEW ‘‘(g) APPLICABILITY TO SCHOOL TRANSPOR- shall include, at a minimum, the following ele- PANEL.—Section 31140, and the item relating to TATION OPERATIONS OF LOCAL EDUCATION AGEN- ments in each pilot program plan: such section in the table of sections for chapter CIES.—Not later than 6 months after the date of ‘‘(A) A program scheduled life of not more 311, are repealed. the enactment of this subsection, the Secretary than 3 years. (d) REVIEW PROCEDURE.—Section 31141 is shall issue regulations making the relevant com- ‘‘(B) A scientifically valid methodology and amended— mercial motor carrier safety regulations issued study design, including a specific data collec- (1) by striking subsections (b) and (c) and in- under subsection (a) applicable to all interstate tion and analysis plan, that identifies appro- serting the following: school transportation operations by local edu- priate control groups for comparison. ‘‘(b) SUBMISSION OF REGULATION.—A State cational agencies (as defined in section 14101 of ‘‘(C) The fewest participants necessary to that enacts a State law or issues a regulation on the Elementary and Secondary Education Act of yield statistically valid findings. commercial motor vehicle safety shall submit a 1965).’’. ‘‘(D) Observance of appropriate ethical proto- copy of the law or regulation to the Secretary of (b) REPORT.—Not later than 2 years after the cols for the use of human subjects in field ex- Transportation immediately after the enactment date of the enactment of this Act, the Secretary periments. or issuance. shall submit to Congress a report describing the H1974 CONGRESSIONAL RECORD — HOUSE April 1, 1998 status of compliance by private for-hire motor (8) by striking ‘‘shall’’ in the first sentence of aggregate expenditures from all other sources carriers and local educational agencies in meet- subsection (f) and inserting ‘‘may’’; and for employment of personnel to enforce commer- ing the requirements of section 31136 of title 49, (9) by redesignating subsections (d), (e), and cial motor vehicle safety regulations in the vi- United States Code, and any activities of the (f) as subsections (b), (c), and (d), respectively. cinity of the border at or above the average level Secretary or the States to enforce such require- (e) REPEAL OF OBSOLETE GRANT PROGRAMS.— of such expenditures in the State’s 2 fiscal years ments. Sections 31312 and 31313, and the items relating preceding the date of the enactment of this sec- SEC. 409. REPEAL OF CERTAIN OBSOLETE MIS- to such sections in the table of sections for tion. CELLANEOUS AUTHORITIES. chapter 313, are repealed. (g) FUNDING.—Of amounts made available to Subchapter IV of chapter 311 (including sec- (f) UPDATING AMENDMENTS.—Section 31314 is carry out the coordinated border infrastructure tions 31161 and 31162), and the items relating to amended— and safety program under section 116 of this such subchapter and sections in the table of sec- (1) by striking ‘‘(2), (5), and (6)’’ each place it Act, $20,000,000 for fiscal year 1998 and tions for chapter 311, are repealed. appears in subsections (a) and (b) and inserting $15,000,000 for each of fiscal years 1999 through SEC. 410. COMMERCIAL VEHICLE OPERATORS. ‘‘(3), and (5)’’; 2003 shall be available to carry out this section. (h) BORDER STATE DEFINED.—In this section, (a) COMMERCIAL MOTOR VEHICLE DEFINED.— (2) in subsection (c) by striking ‘‘(1) Amounts’’ Section 31301(4) is amended— and all that follows through ‘‘(2) Amounts’’ and the term ‘‘border State’’ means any State that (1) in subparagraph (A)— inserting ‘‘Amounts’’; has a boundary in common with Canada or (A) by inserting ‘‘or gross vehicle weight’’ (3) by striking subsection (d); and Mexico. after ‘‘rating’’ the first 2 places it appears; and (4) by redesignating subsection (e) as sub- SEC. 412. VEHICLE WEIGHT ENFORCEMENT. (B) by inserting ‘‘, whichever is greater,’’ section (d). (a) STUDY.—The Secretary shall conduct a after ‘‘pounds’’ the first place it appears; and SEC. 411. INTERIM BORDER SAFETY IMPROVE- study of State laws and regulations pertaining (2) in subparagraph (C)(ii) by inserting ‘‘is’’ MENT PROGRAM. to penalties for violation of State commercial before ‘‘transporting’’ each place it appears. (a) PROGRAM.—The Secretary shall carry out motor vehicle weight laws. (b) PROHIBITION ON CMV OPERATION WITH- a program to improve commercial motor vehicle (b) PURPOSE.—The purpose of the study shall OUT CDL.— safety in the vicinity of borders between the be to determine the effectiveness of State pen- (1) IN GENERAL.—Section 31302 is amended to United States and Canada and the United alties as a deterrent to illegally overweight read as follows: States and Mexico. trucking operations. The study shall evaluate ‘‘§ 31302. Driver’s license requirement (b) GRANT AND OTHER AUTHORITY.—The Sec- fine structures, innovative roadside enforcement techniques, a State’s ability to penalize shippers ‘‘An individual may operate a commercial retary may expend funds made available to and carriers as well as drivers, and shall exam- motor vehicle only if the individual has a valid carry out this section— ine the effectiveness of administrative and judi- commercial driver’s license. An individual oper- (1) for making grants to border States, local cial procedures utilized to enforce vehicle weight ating a commercial motor vehicle may have only governments, organizations, and other persons laws. one driver’s license at any time.’’. to carry out activities described in subsection (c); (c) REPORT.—Not later than 2 years after the (2) CONFORMING AMENDMENT.—The item relat- date of the enactment of this Act, the Secretary ing to section 31302 in the table of sections for (2) for personnel of the Department of Trans- portation to conduct such activities; and shall transmit to Congress a report on the re- chapter 313 is amended to read as follows: sults of the study conducted under this section, ‘‘31302. Driver’s license requirement.’’. (3) for entry into contracts for the conduct of such activities. together with any legislative recommendations (c) UNIQUE IDENTIFIERS IN CDLS.— (c) USE OF FUNDS.—Activities for which funds of the Secretary. UNDING.—From amounts made available (1) IN GENERAL.—Section 31308(2) is amended may be expended under this section include— (d) F by inserting before the semicolon ‘‘and each li- (1) employment by the Department of Trans- under subparagraphs (F) through (I) of section 127(a)(3) of this Act, the Secretary may use not cense issued after January 1, 2000, include portation or a border State of additional person- to exceed $300,000 to carry out this section. unique identifiers to minimize fraud and dupli- nel to enforce commercial motor vehicle safety cation’’. regulations described in subsection (a); SEC. 413. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTER- (2) DEADLINE FOR ISSUANCE OF REGULA- (2) training of personnel to enforce such regu- TIONS.—Not later than 180 days after the date of NATIONAL FUEL TAX AGREEMENT. lations; Sections 31702, 31703, and 31708, and the items the enactment of this Act, the Secretary shall (3) development of data bases and communica- issue regulations to carry out the amendment relating to such sections in the table of sections tion systems to improve commercial motor vehi- for chapter 317, are repealed. made by paragraph (1). cle safety; and (d) COMMERCIAL DRIVER’S LICENSE INFORMA- SEC. 414. TELEPHONE HOTLINE FOR REPORTING (4) education and outreach initiatives. TION SYSTEM.—Section 31309 is amended— SAFETY VIOLATIONS. (d) CRITERIA.—In selecting activities and (1) in subsection (a) by striking ‘‘make an (a) IN GENERAL.—For a period of not less than projects for funding under this section, the Sec- agreement under subsection (b) of this section 2 years beginning on or before the 90th day fol- retary shall consider current levels of enforce- for the operation of, or establish under sub- lowing the date of the enactment of this Act, the ment by border States, cross border traffic pat- section (c) of this section,’’ and inserting ‘‘main- Secretary shall establish, maintain, and promote terns (including volume of commercial motor ve- tain’’; the use of a nationwide toll-free telephone sys- hicle traffic), location of inspection facilities, (2) by inserting after the first sentence of sub- tem to be used by drivers of commercial motor and such other factors as the Secretary deter- section (a) the following: ‘‘The system shall be vehicles and others to report potential violations mines will result in the greatest safety improve- coordinated with activities carried out under of Federal motor carrier safety regulations and ment and benefit to border States and the Na- section 31106.’’; any laws or regulations relating to the safe op- (3) by striking subsections (b) and (c); tion. eration of commercial motor vehicles and to re- (4) in subsection (d)(1)— (e) FEDERAL SHARE.— port potentially improper inspections, audits, (A) by striking ‘‘and’’ at the end of subpara- (1) IN GENERAL.—The Federal share payable and enforcement activities. graph (E); under a grant made under this section for— (b) MONITORING.—The Secretary shall monitor (B) by striking the period at the end of sub- (A) any activity described in paragraph (2), reports received by the telephone system and paragraph (F) and inserting ‘‘; and’’; and (3), or (4) of subsection (c) shall be 80 percent; shall consider nonfrivolous information pro- (C) by adding at the end the following: and vided by such reports in setting priorities for ‘‘(G) information on all fines, penalties, con- (B) any activity described in subsection (c)(1) motor carrier safety audits and other enforce- victions, and failure to appear for a hearing or shall be— ment activities. trial incurred by the operator with respect to op- (i) 80 percent for the first 2 years that a State (c) PROTECTION OF PERSONS REPORTING VIO- eration of a motor vehicle for a period of not less receives a grant under this section for such ac- LATIONS.— than 3 years beginning on the date of the impo- tivity; (1) PROHIBITION.—A person reporting a poten- sition of such a fine or penalty or the date of (ii) 50 percent for the third and fourth years tial violation to the telephone system while act- such a conviction or failure to appear.’’; that a State receives a grant under this section ing in good faith may not be discharged, dis- (5) by striking subsection (d)(2) and inserting for such activity; and ciplined, or discriminated against regarding the following: (iii) 25 percent for the fifth and sixth years pay, terms, or privileges of employment because ‘‘(2) The information system under this sec- that a State receives a grant under this section of the reporting of such violation. tion must accommodate any unique identifiers for such activity. (2) APPLICABILITY OF SECTION 31105 OF TITLE required to minimize fraud or duplication of a (2) IN-KIND CONTRIBUTIONS.—In determining 49.—For purposes of section 31105 of title 49, commercial driver’s license under section the non-Federal costs under paragraph (1), the United States Code, a violation or alleged viola- 31308(2).’’; Secretary shall include in-kind contributions by tion of paragraph (1) shall be treated as a viola- (6) by striking subsection (e) and inserting the the grant recipient, of which up to $2,500,000 tion of section 31105(a) of such title. following: may be used to upgrade earthquake simulation (d) FUNDING.—From amounts set aside under ‘‘(e) AVAILABILITY OF INFORMATION.—Infor- facilities as required to carry out the program. section 104(a) of title 23, United States Code, the mation in the information system shall be made (f) MAINTENANCE OF EFFORT.—A grant may Secretary may use not to exceed $300,000 for available and subject to review and correction not be made to a State under this section for an each of fiscal years 1998 through 2003 to carry in accordance with section 31106(e).’’; activity described in subsection (c)(1) in any fis- out this section. (7) in subsection (f) by striking ‘‘If the Sec- cal year unless the State enters into such agree- SEC. 415. INSULIN TREATED DIABETES MELLITUS. retary establishes an information system under ments with the Secretary as the Secretary may (a) DETERMINATION.—Not later than 18 this section, the’’ and inserting ‘‘The’’; require to ensure that the State will maintain its months after the date of the enactment of this April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1975

Act, the Secretary shall determine whether a (1) DEVELOPMENT OF TECHNOLOGIES.—As part the date of such fitness determination and until practicable and cost-effective screening, operat- of the activities of the Secretary relating to the the Secretary determines such owner or operator ing, and monitoring protocol could likely be de- fatigue of commercial motor vehicle operators, is fit. veloped for insulin treated diabetes mellitus in- the Secretary shall encourage the research, de- ‘‘(4) SECRETARY’S DISCRETION.—Except for dividuals who want to operate commercial motor velopment, and demonstration of technologies owners or operators described in paragraphs (2) vehicles in interstate commerce that would en- that may aid in reducing such fatigue. and (3), the Secretary may allow an owner or sure a level of safety equal to or greater than (2) IDENTIFICATION OF TECHNOLOGIES.—In operator who is not fit to continue operating for that achieved with the current prohibition on identifying technologies pursuant to paragraph an additional 60 days after the 61st day after individuals with insulin treated diabetes (1), the Secretary shall take into account— the date of the Secretary’s fitness determination, mellitus driving such vehicles. (A) the degree to which the technology will be if the Secretary determines that such owner or (b) COMPILATION AND EVALUATION.—Prior to cost efficient; operator is making a good faith effort to become making the determination in subsection (a), the (B) the degree to which the technology can be fit. Secretary shall compile and evaluate research effectively used in diverse climatic regions of the ‘‘(d) REVIEW OF FITNESS DETERMINATIONS.— and other information on the effects of insulin Nation; and ‘‘(1) IN GENERAL.—Not later than 45 days after treated diabetes mellitus on driving perform- (C) the degree to which the application of the an unfit owner or operator requests a review, ance. In preparing the compilation and evalua- technology will further emissions reductions, en- the Secretary shall review such owner’s or oper- tion, the Secretary shall, at a minimum— ergy conservation, and other transportation ator’s compliance with those requirements with (1) consult with States that have developed goals. which the owner or operator failed to comply and are implementing a screening process to (3) FUNDING.—The Secretary may use amounts and resulted in the Secretary determining that identify individuals with insulin treated diabe- made available under subparagraphs (F) the owner or operator was not fit. tes mellitus who may obtain waivers to drive through (I) of section 127(a)(3) of this Act to ‘‘(2) OWNERS OR OPERATORS TRANSPORTING commercial motor vehicles in intrastate com- carry out this subsection. PASSENGERS.—Not later than 30 days after an merce; (b) NONSEDATING ANTIHISTAMINES.—The Sec- unfit owner or operator of commercial motor ve- (2) evaluate the Department’s policy and ac- retary shall review available information on the hicles designed or used to transport passengers tions to permit certain insulin treated diabetes effects of antihistamines on driver fatigue, mellitus individuals who meet selection criteria requests a review, the Secretary shall review awareness, and performance and shall consider such owner’s or operator’s compliance with and who successfully comply with the approved encouraging the use of nonsedating antihis- monitoring protocol to operate in other modes of those requirements with which the owner or op- tamines as a means of reducing the adverse ef- transportation; erator failed to comply and resulted in the Sec- fects of the use of other antihistamines by driv- (3) analyze available data on the safety per- retary determining that the owner or operator formance of diabetic drivers of motor vehicles; ers. was not fit. (4) assess the relevance of intrastate driving SEC. 419. SAFETY FITNESS. ‘‘(3) OWNERS OR OPERATORS TRANSPORTING and experiences of other modes of transpor- (a) IN GENERAL.—Section 31144 is amended to HAZARDOUS MATERIAL.—Not later than 30 days tation to interstate commercial motor vehicle op- read as follows: after an unfit owner or operator of commercial erations; and ‘‘§ 31144. Safety fitness of owners and opera- motor vehicles designed or used to transport (5) consult with interested groups knowledge- tors hazardous material for which placarding of a able about diabetes and related issues. motor vehicle is required under regulations pre- ‘‘(a) IN GENERAL.—The Secretary shall— (c) REPORT TO CONGRESS.—If the Secretary scribed under chapter 51, the Secretary shall re- ‘‘(1) determine whether an owner or operator determines that no protocol described in sub- view such owner’s or operator’s compliance with is fit to operate safely commercial motor vehi- section (a) could likely be developed, the Sec- those requirements with which the owner or op- cles; retary shall report to Congress the basis for such erator failed to comply and resulted in the Sec- ‘‘(2) periodically update such safety fitness determination. retary determining that the owner or operator (d) INITIATION OF RULEMAKING.—If the Sec- determinations; ‘‘(3) make such safety fitness determinations was not fit. retary determines that a protocol described in ‘‘(e) PROHIBITED GOVERNMENT USE.—A de- subsection (a) could likely be developed, the Sec- readily available to the public; and ‘‘(4) prescribe by regulation penalties for vio- partment, agency, or instrumentality of the retary shall report to Congress a description of United States Government may not use to pro- the elements of such protocol and shall promptly lations of this section consistent with section 521. vide any transportation service an owner or op- initiate a rulemaking proceeding to implement erator who the Secretary has determined is not ‘‘(b) PROCEDURE.—The Secretary shall main- such protocol. fit until the Secretary determines such owner or SEC. 416. PERFORMANCE-BASED CDL TESTING. tain by regulation a procedure for determining whether an owner or operator is fit to operate operator is fit.’’. (a) REVIEW.—Not later than 1 year after the safely commercial motor vehicles. The procedure (b) CONFORMING AMENDMENT.—Section 5113 is date of the enactment of this Act, the Secretary amended by striking subsections (a), (b), (c), shall complete a review of the procedures estab- shall include, at a minimum, the following ele- ments: and (d) and inserting the following: lished and implemented by States under section ‘‘See section 31144.’’. 31305 of title 49, United States Code, to deter- ‘‘(1) Specific initial and continuing require- ments with which an owner or operator must SEC. 420. HAZARDOUS MATERIALS TRANSPOR- mine if the current system for testing is an accu- TATION REGULATION AND FARM rate measure and reflection of an individual’s comply to demonstrate safety fitness. ‘‘(2) A methodology the Secretary will use to SERVICE VEHICLES. knowledge and skills as an operator of a com- (a) EXCEPTIONS.—Section 5117(d)(2) is amend- mercial motor vehicle and to identify methods to determine whether an owner or operator is fit. ‘‘(3) Specific time frames within which the ed— improve testing and licensing standards, includ- (1) by striking ‘‘do not prohibit’’; ing identifying the benefits and costs of a grad- Secretary will determine whether an owner or operator is fit. (2) in subparagraph (A)— uated licensing system. (A) by inserting ‘‘do not prohibit’’ before ‘‘or (b) REGULATIONS.—Not later than 1 year after ‘‘(c) PROHIBITED TRANSPORTATION.— regulate’’; and the date of completion of the review under sub- ‘‘(1) IN GENERAL.—Except as provided in sec- (B) by striking ‘‘or’’ the last place it appears; section (a), the Secretary shall issue regulations tions 521(b)(5)(A) and 5113 and this subsection, (3) in subparagraph (B) by inserting ‘‘do not under section 31305 reflecting the results of the an owner or operator who the Secretary deter- prohibit’’ before ‘‘transportation’’; review. mines is not fit may not operate commercial motor vehicles in interstate commerce beginning (4) by striking the period at the end of sub- SEC. 417. POSTACCIDENT ALCOHOL TESTING. paragraph (B) and inserting ‘‘; or’’; and (a) STUDY.—The Secretary shall conduct a on the 61st day after the date of such fitness de- (5) by adding at the end the following: study of the feasibility of utilizing qualified termination and until the Secretary determines ‘‘(C) do not prohibit a State from providing an emergency responders and law enforcement offi- such owner or operator is fit. exception from requirements relating to cers for conducting postaccident alcohol testing ‘‘(2) OWNERS OR OPERATORS TRANSPORTING placarding, shipping papers, and emergency of commercial motor vehicle operators under sec- PASSENGERS.—With regard to owners or opera- telephone numbers for the private motor car- tion 31306 of title 49, United States Code, as a tors of commercial motor vehicles designed or method of obtaining more timely information used to transport passengers, an owner or oper- riage in intrastate transportation of an agricul- and reducing the burdens that employers may ator who the Secretary determines is not fit may tural production material from a source of sup- encounter in meeting the testing requirements of not operate in interstate commerce beginning on ply to a farm, from a farm to another farm, from such section. the 46th day after the date of such fitness deter- a field to another field on a farm, or from the (b) REPORT.—Not later than 18 months after mination and until the Secretary determines farm back to the source of supply. the date of the enactment of this Act, the Sec- such owner or operator is fit. In granting any exception under subparagraph retary shall transmit to Congress a report on the ‘‘(3) OWNERS OR OPERATORS TRANSPORTING (C), a State must certify to the Secretary that study conducted under subsection (a) with rec- HAZARDOUS MATERIAL.—With regard to owners such exception is in the public interest, the need ommendations regarding the utilization of emer- or operators of commercial motor vehicles de- for such exception, and that the State shall gency responders and law enforcement officers signed or used to transport hazardous material monitor the exception and take such measures in conducting testing described in subsection for which placarding of a motor vehicle is re- necessary to ensure that safety is not com- (a). quired under regulations prescribed under chap- promised.’’. SEC. 418. DRIVER FATIGUE. ter 51, an owner or operator who the Secretary (b) AGRICULTURAL PRODUCTION MATERIAL DE- (a) TECHNOLOGIES TO REDUCE FATIGUE OF determines is not fit may not operate in inter- FINED.—Section 5117 is amended by adding at COMMERCIAL MOTOR VEHICLE OPERATORS.— state commerce beginning on the 46th day after the end the following: H1976 CONGRESSIONAL RECORD — HOUSE April 1, 1998

‘‘(f) AGRICULTURAL PRODUCTION MATERIAL in this section, each State highway department nated environmental review process for highway DEFINED.—In this section, the term ‘agricultural shall submit to the Secretary for approval such construction projects that require— production material’ means— plans, specifications, and estimates for each (A) the preparation of an environmental im- ‘‘(1) ammonium nitrate fertilizer in a quantity proposed project as the Secretary may require. pact statement or environmental assessment that does not exceed 16,094 pounds; ‘‘(2) PROJECT AGREEMENT.—The Secretary under the National Environmental Policy Act of ‘‘(2) a pesticide in a quantity that does not ex- shall act upon the plans, specifications, and es- 1969, except that the Secretary may decide not ceed 502 gallons for liquids and 5,070 pounds for timates as soon as practicable after the date of to apply this section to the preparation of an solids; and their submission and shall enter into a formal environmental assessment under such Act; or ‘‘(3) a diluted solution of water and pesticides project agreement with the State highway de- (B) the conduct of any other environmental or fertilizer in a quantity that does not exceed partment formalizing the conditions of the review, analysis, opinion, or issuance of an en- 3,500 gallons.’’. project approval. vironmental permit, license, or approval by op- SEC. 421. TRUCK TRAILER CONSPICUITY. ‘‘(3) CONTRACTUAL OBLIGATION.—The execu- eration of Federal law. (a) ISSUANCE OF FINAL RULE.—Not later than tion of the project agreement shall be deemed a (2) MEMORANDUM OF UNDERSTANDING.—The 1 year after the date of the enactment of this contractual obligation of the Federal Govern- coordinated environmental review process for Act, the Secretary shall issue a final rule re- ment for the payment of its proportional con- each project shall ensure that, whenever prac- garding the conspicuity of trailers manufac- tribution thereto. ticable (as set forth in this section), all environ- tured before December 1, 1993. ‘‘(4) GUIDANCE.—In taking action under this mental reviews, analyses, opinions, and any (b) CONSIDERATIONS.—In conducting the rule- subsection, the Secretary shall be guided by the permits, licenses, or approvals that must be making under subsection (a), the Secretary shall provisions of section 109. issued or made by any Federal agency for the consider, at a minimum, the following: ‘‘(b) PROJECT AGREEMENT.— concerned highway project shall be conducted ‘‘(1) PROVISION OF STATE FUNDS.—The project (1) The cost-effectiveness of any requirement concurrently and completed within a coopera- agreement shall make provision for State funds to retrofit trailers manufactured before Decem- tively determined time period. Such process for a required for the State’s pro rata share of the ber 1, 1993. project or class of projects may be incorporated cost of construction of the project and for the (2) The extent to which motor carriers have into a memorandum of understanding between maintenance of the project after completion of voluntarily taken steps to increase equipment the Department of Transportation and all other construction. visibility. Federal agencies (and, where appropriate, State ‘‘(2) REPRESENTATIONS OF STATE.—The Sec- (3) Regulatory flexibility to accommodate dif- agencies). In establishing such time period and retary may rely upon representations made by fering trailer designs and configurations, such any time periods for review within such period the State highway department with respect to as tank trucks. the Department and all such agencies shall take the arrangements or agreements made by the SEC. 422. DOT IMPLEMENTATION PLAN. into account their respective resources and stat- State highway department and appropriate (a) IN GENERAL.—Not later than 18 months utory commitments. local officials if a part of the project is to be after the date of the enactment of this section, (b) ELEMENTS OF COORDINATED ENVIRON- constructed at the expense of, or in cooperation the Secretary shall develop and submit to Con- MENTAL REVIEW PROCESS.—For each highway with, local subdivisions of the State. gress a plan for implementing authority (if sub- project, the coordinated environmental review ‘‘(c) SPECIAL RULES FOR PROJECT OVER- sequently provided by law) to— process established under this section shall pro- SIGHT.— (1) investigate and bring civil actions to en- ‘‘(1) NHS PROJECTS.— vide, at a minimum, for the following elements: force chapter 5 of title 49, United States Code, or ‘‘(A) GENERAL AUTHORITY.—Except as other- (1) AGENCY IDENTIFICATION.—The Secretary a regulation or order of the Secretary under wise provided in subsection (d), the Secretary shall, at the earliest possible time, identify all such chapter, when violated by shippers, freight may discharge to the State any of the Sec- potential Federal agencies that— forwarders, brokers, consignees, or persons retary’s responsibilities under this title for de- (A) have jurisdiction by law over environ- (other than rail carriers, motor carriers, motor sign, plans, specifications, estimates, contract mental-related issues that may be affected by carriers of migrant workers, or motor private awards, and inspection of projects on the Na- the project and the analysis of which would be carriers); and tional Highway System. part of any environmental document required by (2) assess civil or criminal penalties against a ‘‘(B) AGREEMENT.—The Secretary and the the National Environmental Policy Act of 1969; person who knowingly aids, abets, counsels, State shall reach agreement as to the extent the or commands, induces, or procures a violation of a State may assume the Secretary’s responsibilities (B) may be required by Federal law to inde- regulation or an order of the Secretary under under this subsection. The Secretary may not pendently— chapter 311 or section 31502 of such title to the assume any greater responsibility than the Sec- (i) conduct an environmental-related review same extent as a motor carrier or driver who retary is permitted under this title on September or analysis; or commits such a violation. 30, 1997, except upon agreement by the Secretary (ii) determine whether to issue a permit, li- (b) CONTENTS OF IMPLEMENTATION PLAN.—In and the State. cense, or approval or render an opinion on the developing the implementation plan, the Sec- ‘‘(2) NON-INTERSTATE SYSTEM PROJECTS.—For environmental impact of the project. retary, at a minimum, shall consider— all projects under this title that are not on the (2) TIME LIMITATIONS AND CONCURRENT RE- (1) in what circumstances the Secretary would National Highway System, the State shall as- VIEW.—The Secretary and the head of each Fed- exercise the new authority; sume the Secretary’s responsibility under this eral agency identified under paragraph (1)— (2) how the Secretary would determine that title for design, plans, specifications, estimates, (A)(i) shall jointly develop and establish time shippers, freight forwarders, brokers, con- contract awards, and inspection of projects. For periods for review for— signees, or other persons committed violations projects that are on the National Highway Sys- (I) all Federal agency comments with respect described in subsection (a), including what tem but not on the Interstate System, the State to any environmental review documents re- types of evidence would be conclusive; shall assume the Secretary’s responsibility quired by the National Environmental Policy (3) what procedures would be necessary dur- under this title for design, plans, specifications, Act of 1969 for the project; and ing investigations to ensure the confidentiality estimates, contract awards, and inspections of (II) all other independent Federal agency en- of shipper contract terms prior to the Secretary’s projects unless the State or the Secretary deter- vironmental analyses, reviews, opinions, and findings of violations; mines that such assumption is not appropriate. decisions on any permits, licenses, and approv- (4) what impact the exercise of the new au- ‘‘(d) SECRETARY’S RESPONSIBILITIES.—Nothing als that must be issued or made for the project; thority would have on the Secretary’s resources, in this section, section 133, and section 149 shall including whether additional investigative or whereby each such Federal agency’s review affect or discharge any responsibility or obliga- shall be undertaken and completed within such legal resources would be necessary and whether tion of the Secretary under any Federal law, the staff would need specialized education or established time periods for review; or other than this title. Any responsibility or obli- (ii) may enter into an agreement to establish training to exercise properly such authority; gation of the Secretary under sections 113 and (5) to what extent the Secretary would con- such time periods for review with respect to a 114 of this title and section 5333 of title 49, duct educational activities for persons who class of projects; and United States Code, shall not be affected and would be subject to the new authority; and (B) shall ensure, in establishing such time pe- may not be discharged under this section, sec- (6) any other information that would assist riods for review, that the conduct of any such tion 133, or section 149.’’. the Congress in determining whether to provide analysis, review, opinion, and decision is under- (b) REPEAL OF OBSOLETE PROVISIONS.—Sec- the Secretary the new authority. taken concurrently with all other environmental tions 105, 110, and 117, and the items relating to reviews for the project, including those required TITLE V—PROGRAMMATIC REFORMS AND such sections in the table of sections for chapter STREAMLINING by the National Environmental Policy Act of 1, are repealed. 1969; except that such review may not be con- (c) CONFORMING AMENDMENT.—The table of SEC. 501. PROJECT APPROVAL AND OVERSIGHT. current if the affected Federal agency can dem- sections for chapter 1 is amended by striking the (a) IN GENERAL.—Section 106 is amended by onstrate that such concurrent review would re- item relating to section 106 and inserting: striking the section heading and all that follows sult in a significant adverse impact to the envi- through the period at the end of subsection (d) ‘‘106. Project approval and oversight.’’. ronment or substantively alter the operation of and inserting the following: SEC. 502. ENVIRONMENTAL STREAMLINING. Federal law or would not be possible without in- ‘‘§ 106. Project approval and oversight (a) COORDINATED ENVIRONMENTAL REVIEW formation developed as part of the environ- ‘‘(a) IN GENERAL.— PROCESS.— mental review process. ‘‘(1) SUBMISSION OF PLANS, SPECIFICATIONS, (1) DEVELOPMENT AND IMPLEMENTATION.—The (3) FACTORS TO BE CONSIDERED.—Time periods AND ESTIMATES.—Except as otherwise provided Secretary shall develop and implement a coordi- for review established under this section shall be April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1977 consistent with those established by the Council or any other Federal environmental statute or rate requirement and promulgate regulations to on Environmental Quality under the provisions affect the responsibility of any Federal officer to integrate such requirement, as appropriate, as of sections 1501.8 and 1506.10 of title 40, Code of comply with or enforce any such statute. part of each analysis undertaken pursuant to Federal Regulations. (i) STATE ENVIRONMENTAL REVIEW DELEGA- the National Environmental Policy Act of 1969 (4) EXTENSIONS.—The Secretary shall extend TION PILOT DEMONSTRATION PROGRAM.— for a project receiving assistance with funds any time periods for review under this section if, (1) IN GENERAL.—The Secretary, in coopera- made available under this Act (including any upon good cause shown, the Secretary and any tion with the Council on Environmental Qual- amendments made by this Act). Federal agency concerned determine that addi- ity, shall establish and implement a State envi- SEC. 504. FINANCIAL PLAN. tional time for analysis and review is needed as ronmental review pilot demonstration program. The Secretary shall require each recipient of a result of new information which has been dis- Such program shall permit the Secretary, in co- Federal financial assistance for a highway or covered that could not reasonably have been an- operation with the Council on Environmental transit project with an estimated total cost of ticipated when such agency’s time periods for Quality, to develop criteria for States to select $1,000,000,000 or more to submit to the Secretary review were established. Any memorandum of up to 8 States for participation in the program. an annual financial plan. Such plan shall be understanding shall be modified to incorporate A State interested in participation in the pro- based on detailed annual estimates of the cost to any mutually agreed upon extensions. gram shall submit to the Secretary an applica- complete the remaining elements of the project (c) DISPUTE RESOLUTION.—When the Sec- tion for participation. and on reasonable assumptions, as determined ELEGATION OF AUTHORITY.—For each retary determines that a Federal agency which (2) D by the Secretary, of future increases in the cost State selected to participate in the pilot pro- is subject to a time period for its environmental to complete the project. review or analysis under this section has failed gram, the Secretary shall delegate and the State to complete such review, analysis, opinion, or shall accept all of the responsibilities for con- SEC. 505. UNIFORM TRANSFERABILITY OF FED- ERAL-AID HIGHWAY FUNDS. decision on issuing any permit, license, or ap- ducting the Federal environmental review proc- (a) IN GENERAL.—Chapter 1 is amended by in- proval within the established time period or ess required by the National Environmental Pol- serting after section 109 the following: within any agreed upon extension to such time icy Act of 1969 in the manner required if the period, then the Secretary may close the record. projects were undertaken by the Secretary. ‘‘§ 110. Uniform transferability of Federal-aid If the Secretary finds after timely compliance (3) CERTIFICATION.—A State that is selected to highway funds with this section, that an environmental issue participate in the pilot program shall, prior to ‘‘(a) GENERAL RULE.—Notwithstanding any related to the highway project that an affected assuming any responsibilities for the Secretary other provision of law but subject to subsections Federal agency has jurisdiction over by oper- under this subsection, submit to the Secretary (b) and (c), if at least 50 percent of a State’s ap- ation of Federal law has not been resolved, then and the Secretary, in cooperation with the portionment under section 104 or 144 for a fiscal the Secretary and the head of such agency shall Council on Environmental Quality, shall ap- year or at least 50 percent of the funds set-aside resolve the matter within 30 days of the finding prove a certification that shall, at a minimum— under section 133(d) from the State’s apportion- by the Secretary. (A) be in a form acceptable to the Secretary; ment section 104(b)(3) may not be transferred to (d) ACCEPTANCE OF PURPOSE AND NEED.—For (B) be executed by the Chief Executive Officer any other apportionment of the State under sec- any environmental impact statement prepared of the recipient of assistance under this section tion 104 or 144 for such fiscal year, then the pursuant to the National Environmental Policy (hereinafter in this section referred to as the State may transfer not to exceed 50 percent of Act of 1969 or the conduct of any other environ- ‘‘certifying officer’’); such apportionment or set aside to any other mental review, analysis, opinion, or issuance of (C) specify that the certifying officer consents apportionment of such State under section 104 an environmental permit, license, or approval to assume the status of a responsible Federal of- or 144 for such fiscal year. that requires an analysis of purpose and need, ficer under the National Environmental Policy ‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.— the agency conducting such review with respect Act of 1969 (and any applicable regulations This section shall not apply to funds subject to to the highway project shall give due consider- issued by the Secretary or the Council on Envi- the last sentence of section 133(d)(1) and funds ation to the project purpose and need as defined ronmental Quality implementing such Act) for subject to sections 104(f) and 133(d)(3). The max- by the Secretary and the project applicant. the affected project; imum amount that a State may transfer under (e) PARTICIPATION OF STATE AGENCIES.—For (D) accept jurisdiction of the Federal courts this section of the State’s set-aside under section any project eligible for assistance under chapter for the purpose of enforcement of the State’s re- 133(d)(2) for a fiscal year may not exceed 50 per- 1 of title 23, United States Code, a State, by op- sponsibilities for the project; and cent of (1) the amount of such set-aside, less (2) eration of State law, may require that all State (E) agree that the Secretary’s approval of the amount of the State’s set-aside under section agencies that have jurisdiction by State or Fed- such certification shall constitute the Sec- 133(d)(3) for fiscal year 1996. retary’s responsibilities under the National En- eral law over environmental-related issues that ‘‘(c) APPLICATION TO CERTAIN CMAQ vironmental Policy Act of 1969 and any other re- may be affected by the project or must issue any FUNDS.—The maximum amount that a State environmental-related reviews, analyses, opin- lated provisions of law that the Secretary may may transfer under this section of the State’s ions, or determinations on issuing any permits, specify for the affected project. apportionment under section 104(b)(2) for a fis- (4) OVERSIGHT.—For each State selected to licenses, or approvals for the project be subject cal year may not exceed 50 percent of (1) the participate in the pilot program, the Secretary to the coordinated environmental review process amount of such apportionment, less (2) the shall, in cooperation with the Council on Envi- provided for in this section unless the Secretary amount of the State’s apportionment under sec- ronmental Quality, conduct quarterly audits in determines that a State’s participation would tion 104(b)(2) for fiscal year 1997. Any such the first year of such participation, and annual not be in the public interest. For a State to re- funds apportioned under section 104(b)(2) and audits every year thereafter, to ensure that each quire State agencies to participate in the review transferred under this section may only be obli- selected State is complying with all elements of process, all affected agencies of such State shall gated in geographic areas eligible for the obliga- the certification provided for in this subsection be subject to the review process. tion of funds apportioned under section and all requirements delegated pursuant to this (f) ASSISTANCE TO AFFECTED FEDERAL AGEN- 104(b)(2).’’. subsection. CIES.—The Secretary may approve a request by (b) CONFORMING AMENDMENT.—The table of (5) TERMINATION.—The Secretary, in coopera- a State to provide funds made available under sections for chapter 1 is amended by inserting tion with the Council on Environmental Qual- chapter 1 of title 23, United States Code, to the after the item relating to section 109 the follow- ity, may immediately terminate the participation State for the project subject to the review proc- ing: ess established by this section to affected Fed- of any State if the Secretary, in cooperation ‘‘110. Uniform transferability of Federal-aid eral agencies to provide the resources necessary with the Council on Environmental Quality, highway funds.’’. to meet any time limits established by this sec- finds that such State is not complying with any tion. Such requests shall only be approved for responsibility or duty set forth in this subsection SEC. 506. DISCRETIONARY GRANT SELECTION the additional amounts that the Secretary deter- or that the State’s continued participation in CRITERIA AND PROCESS. mines are necessary for such affected Federal the program would result in any adverse impact (a) ESTABLISHMENT OF CRITERIA.—The Sec- agencies to meet the time limits for environ- on the environment. retary shall establish criteria for all discre- mental review where such time limits are less (6) PERIOD OF APPLICABILITY.—The pilot pro- tionary programs funded from the Highway than the customary time necessary for such re- gram shall remain in effect for 3 years. The pilot Trust Fund (including the Mass Transit Ac- view. program shall apply to all projects initiated count). To the extent practicable, such criteria (g) FEDERAL AGENCY DEFINED.—For the pur- within such 3-year period, and any such project shall conform to the Executive Order No. 12893 poses of this section, the term ‘‘Federal agency’’ shall be subject to the provisions of this sub- (relating to infrastructure investment). In for- means any Federal agency or any State agency section until the review of the project is com- mulating such criteria, the Secretary shall pro- carrying out affected responsibilities required by pleted under this subsection. vide that, if 2 or more applications for a discre- operation of Federal law. (7) REPORT TO CONGRESS.—The Secretary and tionary grant are otherwise equal, then the (h) JUDICIAL REVIEW AND SAVINGS CLAUSE.— Council on Environmental Quality shall trans- grant shall be awarded to the application from (1) JUDICIAL REVIEW.—Nothing in this section mit to Congress annual reports on the pilot pro- a State that has a Highway Trust Fund (other shall affect the reviewability of any final Fed- gram. than the Mass Transit Account) return of less eral agency action in a district court of the SEC. 503. MAJOR INVESTMENT STUDY INTEGRA- than 90 percent. United States or in the court of any State. TION. (b) SELECTION PROCESS.— (2) SAVINGS CLAUSE.—Nothing in this section The Secretary shall eliminate the major in- (1) LIMITATION ON ACCEPTANCE OF APPLICA- shall be construed to affect the applicability of vestment study set forth in section 450.318 of TION.—Before accepting application for grants the National Environmental Policy Act of 1969 title 23, Code of Federal Regulations, as a sepa- under any discretionary program for which H1978 CONGRESSIONAL RECORD — HOUSE April 1, 1998 funds are authorized to be appropriated from (4) make any other appropriate programmatic benefits for improving the durability, efficiency, the Highway Trust Fund (including the Mass changes and recommendations made to the Com- environmental impact, productivity, and safety Transit Account) by this Act (including the mittee on Transportation and Infrastructure of (including bicycle and pedestrian safety) of amendments made by this Act), the Secretary the House of Representatives and the Commit- highway and intermodal transportation systems. shall publish the criteria established under sub- tees on Environment and Public Works and In carrying out this program, the Secretary section (a). Such publication shall identify all Banking, Housing, and Urban Affairs of the shall strive to develop partnerships with the statutory criteria and any criteria established Senate; public and private sectors. by regulation that will apply to such program. (5) approve projects under the capital program ‘‘(B) RESEARCH AREAS.—In carrying out the (2) EXPLANATION.—At least 14 days before for final design and construction of a new fixed advanced research program under subparagraph making a grant under a discretionary program guideway system or extension of an existing (A), the Secretary may make grants and enter described in paragraph (1), the Secretary shall fixed guideway system; and into cooperative agreements and contracts in transmit to the respective committees of the (6) include a certification that such law meets such areas as the Secretary determines appro- House of Representatives and the Senate having the requirements of this section. priate, including the following: jurisdiction over such program, and shall pub- TITLE VI—TRANSPORTATION RESEARCH ‘‘(i) Characterization of materials used in lish, an explanation of how projects will be se- highway infrastructure, including analytical SEC. 601. AMENDMENTS TO TITLE 23, UNITED techniques, microstructure modeling, and the lected based on the criteria established for such STATES CODE. deterioration processes. program under subsection (a). Except as otherwise specifically provided, (c) MINIMUM PROGRAMS.—At a minimum the ‘‘(ii) Diagnostics for evaluation of the condi- whenever in this title an amendment or repeal is criteria established under subsection (a) and the tion of bridge and pavement structures to enable expressed in terms of an amendment to, or re- process established by subsection (b) shall apply assessment of failure risks. peal of, a section or other provision of law, the to the following programs: ‘‘(iii) Design and construction details for com- reference shall be considered to be made to a (1) The high cost Interstate System recon- posite structures. section or other provision of title 23, United struction and improvement program. ‘‘(iv) Safety technology based problems in the (2) The research program under title VI of this States Code. areas of pedestrian and bicycle safety, roadside Act. SEC. 602. APPLICABILITY OF TITLE 23. hazards, and composite materials for roadside (3) The national corridor planning and devel- Funds made available by subparagraphs (F) safety hardware. opment program. through (I) of section 127(a)(3) of this Act shall ‘‘(v) Particulate matter source apportionment, (4) The coordinated border infrastructure and be available for obligation in the same manner control strategy synthesis evaluation, and model safety program. as if such funds were apportioned under chap- development. (5) The construction of ferry boats and ferry ter 1 of title 23, United States Code, except that ‘‘(vi) Data acquisition techniques for system terminal facilities. the Federal share payable for a project or activ- condition and performance monitoring. (6) The scenic byway program. ity carried out using such funds shall be deter- ‘‘(vii) Prediction of the response of current (7) The discretionary bridge program. mined by the Secretary (unless otherwise ex- and future travelers to new technologies.’’. (8) New fixed guideway systems and exten- pressly provided by this Act) and such funds (d) SUPPORTING INFRASTRUCTURE.—Section sions to existing fixed guideway systems under shall remain available until expended. 307(b)(5) is amended— section 5309 of title 49, United States Code. SEC. 603. TRANSFERS OF FUNDS. (1) by striking subparagraph (C); and (2) by redesignating subparagraph (D) as sub- (9) Transit research and planning. The Secretary may transfer not to exceed 10 paragraph (C). SEC. 507. ELIMINATION OF REGIONAL OFFICE RE- percent of the amounts made available by each (e) REPEALS.—Section 307 is amended— SPONSIBILITIES. of subparagraphs (F) through (I) of section (a) IN GENERAL.—The Secretary shall elimi- (1) by striking subsections (c), (d), and (e); 127(a)(3) of this Act to the amounts made avail- and nate any programmatic responsibility of the re- able by any other of such subparagraphs. gional offices of the Federal Highway Adminis- (2) by redesignating subsections (f), (g), and Subtitle A—Surface Transportation Research, tration as part of the Administration’s efforts to (h) as subsections (c), (d), and (e), respectively. Technology, and Education (f) SEISMIC RESEARCH PROGRAM.—Section restructure its field organization, including 307(c), as so redesignated, is amended— elimination of regional offices, creation of tech- PART I—HIGHWAY RESEARCH (1) by striking paragraph (1) and inserting the nical resource centers, and maximum delegation SEC. 611. RESEARCH. following: of authority to its State offices. (a) RESEARCH.—Section 307(a) is amended— ‘‘(1) ESTABLISHMENT.—The Secretary shall es- (b) REPORT TO CONGRESS.—The Secretary (1) in paragraph (1) by striking subparagraph tablish a program to study the vulnerability of shall transmit to the Committee on Transpor- (C); and the Federal-aid highway system and other sur- tation and Infrastructure of the House of Rep- (2) by striking paragraph (3) and inserting the face transportation systems to seismic activity resentatives and the Committee on Environment following: and to develop and implement cost-effective and Public Works of the Senate a detailed im- ‘‘(3) AMOUNTS DEPOSITED BY COOPERATING OR- methods to reduce such vulnerability.’’; plementation plan not later than September 30, GANIZATIONS AND PERSONS.—There shall be (2) by striking paragraph (4) and inserting the 1998, and thereafter provide periodic progress re- available to the Secretary for carrying out this following: ports to such Committees. subsection such funds as may be deposited by ‘‘(4) FUNDING.—Of the amounts made avail- (c) IMPLEMENTATION.—The Secretary shall any cooperating organization or person in a able to carry out this section, the Secretary begin implementation of the plan transmitted special account of the Treasury of the United shall expend not more than $2,000,000 for each under subsection (b) not later than December 31, States established for such purpose.’’. of fiscal years 1998 through 2003 to carry out 1998. (b) LONG-TERM PAVEMENT PERFORMANCE.— this subsection, of which up to $2,500,000 may be SEC. 508. AUTHORITY FOR CONGRESS TO MAKE Section 307(b)(2) is amended to read as follows: used to upgrade earthquake simulation facilities MIDCOURSE CORRECTIONS TO THE ‘‘(2) LONG-TERM PAVEMENT PERFORMANCE.— as required to carry out the program.’’; and HIGHWAY AND TRANSIT PROGRAMS. ‘‘(A) IN GENERAL.—As part of the highway re- (3) by striking paragraph (5). The Secretary shall not apportion or allocate, search program under subsection (a), the Sec- (g) BIENNIAL REPORT.—Section 307(e), as so prior to August 1, 2001, any funds authorized to retary shall carry out a long-term pavement per- redesignated, is amended— be appropriated or made available for fiscal year formance program to continue to completion the (1) by striking ‘‘The Secretary’’ and inserting 2001 under title 23, United States Code (other long-term pavement performance tests initiated ‘‘BIENNIAL REPORT.—The Secretary’’; and than sections 125 and 157 and amounts nec- under the strategic highway research program. (2) by inserting after ‘‘highway needs’’ the essary for the administration of the Federal ‘‘(B) GRANTS, COOPERATIVE AGREEMENTS, AND following: ‘‘, as well as the backlog of current Highway Administration under section 104(a)), CONTRACTS.—In carrying out subparagraph (A), highway needs,’’. title I and VI of this Act (other than section the Secretary shall make grants and enter into (h) RECYCLED MATERIALS RESEARCH PRO- 127(b)), section 31104(a) of title 49, United States cooperative agreements and contracts for the GRAM.—Section 307 is further amended by add- Code, section 5338 of title 49, United States Code following purposes: ing at the end the following: (other than amounts necessary for the adminis- ‘‘(i) To continue the monitoring, material-test- ‘‘(f) RECYCLED MATERIALS RESEARCH PRO- tration of the Federal Transit Administration), ing, and evaluation of the highway test sections GRAM.— and title III of this Act, unless a law has been established under the long-term pavement per- ‘‘(1) IN GENERAL.—The Secretary shall con- enacted making midcourse corrections to the formance program. duct a program of research to determine— Federal-aid highway and transit programs au- ‘‘(ii) To carry out analyses of the data col- ‘‘(A) the performance of asphalt pavement thorized by this Act (including amendments lected under the program. containing tire-derived carbonous asphalt modi- made by this Act) which would, at a minimum— ‘‘(iii) To prepare the products required to ful- fiers under various climate and use conditions; (1) approve a funding distribution for and any fill the original objectives of the program and to and modifications to the high-cost interstate recon- meet future pavement technology needs.’’. ‘‘(B) the degree to which asphalt pavement struction and improvement program; (c) ADVANCED RESEARCH.—Section 307(b)(4) is containing tire-derived carbonous asphalt modi- (2) approve a proposed system of performance amended to read as follows: fiers can be recycled. bonuses to States pursuant to the bonus pro- ‘‘(4) ADVANCED RESEARCH.— ‘‘(2) DATE OF COMPLETION.—The Secretary gram established under section 123 of this Act; ‘‘(A) IN GENERAL.—The highway research pro- shall complete the research program under this (3) approve a cost estimate for States as part gram under subsection (a) shall include an ad- subsection not later than 3 years after the date of the Appalachian development highway sys- vanced research program that addresses longer- of the enactment of the Building Efficient Sur- tem program; term, higher-risk research that shows potential face Transportation and Equity Act of 1998.’’. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1979

(i) CONFORMING AMENDMENTS.—Chapter 3 is tion 127(a)(3)(H) of this Act, $1,000,000 per fiscal ‘‘322. National technology deployment initia- amended— year shall be available to carry out this sub- tive.’’. (1) in the heading to section 307 by striking section. SEC. 623. EDUCATION AND TRAINING PROGRAMS. ‘‘and planning’’; and SEC. 613. INTERNATIONAL HIGHWAY TRANSPOR- (a) LOCAL TECHNICAL ASSISTANCE PROGRAM.— (2) in the table of sections for such chapter by TATION OUTREACH PROGRAM. Section 326(a) is amended— striking the item relating to section 307 and in- (a) ACTIVITIES.—Section 325(a) is amended— (1) by striking ‘‘AUTHORITY’’ and inserting serting the following: (1) by inserting after ‘‘expertise’’ the follow- ‘‘LOCAL TECHNICAL ASSISTANCE PROGRAM’’; and ‘‘307. Research.’’. ing: ‘‘, goods, and services’’; (2) by striking ‘‘transportation assistance pro- gram’’ and inserting ‘‘local technical assistance SEC. 612. STATE PLANNING AND RESEARCH. (2) by striking ‘‘and’’ at the end of paragraph program’’. (a) IN GENERAL.—Chapter 3 is amended by in- (4); (b) RESEARCH FELLOWSHIPS.—Section 326 is serting after section 312 the following: (3) by striking the period at the end of para- graph (5) and inserting ‘‘; and’’; and further amended— ‘‘§ 313. State planning and research (4) by adding at the end the following: (1) by striking subsection (c); ‘‘(a) GENERAL RULE.—Two percent of the ‘‘(6) gathering and disseminating information (2) by redesignating subsection (b) as sub- sums apportioned for each fiscal year beginning on foreign transportation markets and indus- section (c); and after September 30, 1997, under section 104 tries.’’. (3) by inserting after subsection (a) the follow- ing: (other than sections 104(f) and 104(h)) and (b) FUNDS.—Section 325(c) is amended to read ‘‘(b) RESEARCH FELLOWSHIPS.— under section 144 shall be available for expendi- as follows: ‘‘(1) GENERAL AUTHORITY.—The Secretary ture by the State, in consultation with the Sec- ‘‘(c) FUNDS.—Funds available to carry out may, acting either independently or in coopera- retary, only for the following purposes: this section shall include funds deposited by tion with other Federal departments, agencies, ‘‘(1) Engineering and economic surveys and any cooperating organization or person in a and instrumentalities, make grants for research investigations. special account for such purpose with the Sec- fellowships for any purpose for which research ‘‘(2) The planning of future highway pro- retary of the Treasury. The funds deposited in is authorized by this section. grams and local public transportation systems the special account and other funds available to ‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR- and the planning of the financing of such pro- carry out this section shall be available to cover TATION FELLOWSHIP PROGRAM.—The Secretary grams and systems, including statewide plan- the cost of any activity eligible under this sec- shall establish and implement a transportation ning under section 135. tion, including the cost of promotional mate- research fellowship program for the purpose of ‘‘(3) Development and implementation of man- rials, travel, reception and representation ex- attracting qualified students to the field of agement systems under section 303. penses, and salaries and benefits. Reimburse- ‘‘(4) Studies of the economy, safety, and con- transportation. Such program shall be known as ments for salaries and benefits of Department of the ‘Dwight David Eisenhower Transportation venience of highway usage and the desirable Transportation employees providing services regulation and equitable taxation thereof. Fellowship Program’.’’. under this section shall be credited to the special (c) CONFORMING AMENDMENTS.—Chapter 3 is ‘‘(5) Research, development, and technology account.’’. amended— transfer activities necessary in connection with (c) ELIGIBILITY.—Section 325 is amended by (1) in the heading to section 326 by striking the planning, design, construction, manage- adding at the end the following: ‘‘program’’ and inserting ‘‘programs’’; and ment, and maintenance of highway, public ‘‘(d) ELIGIBLE USE OF STATE PLANNING AND (2) in the table of sections for such chapter by transportation, and intermodal transportation RESEARCH FUNDS.—A State, in coordination striking the item relating to section 326 and in- systems and study, research, and training on with the Secretary, may obligate funds made serting the following: the engineering standards and construction ma- available to carry out section 313 for any activ- ‘‘326. Education and training programs.’’. terials for such systems, including the evalua- ity authorized under subsection (a).’’. tion and accreditation of inspection and testing SEC. 624. UNIVERSITY TRANSPORTATION RE- PART II—TRANSPORTATION EDUCATION, and the regulation and taxation of their use. SEARCH. PROFESSIONAL TRAINING, AND TECH- (a) IN GENERAL.—Subchapter I of chapter 55 ‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, NOLOGY DEPLOYMENT of title 49, United States Code, is amended by DEVELOPMENT, AND TECHNOLOGY TRANSFER AC- adding at the end the following: TIVITIES.—Not less than 25 percent of the funds SEC. 621. NATIONAL HIGHWAY INSTITUTE. which are apportioned to a State for a fiscal Section 321 is amended by striking subsection ‘‘§ 5505. University transportation research year and are subject to subsection (a) shall be (f) and redesignating subsection (g) as sub- ‘‘(a) REGIONAL CENTERS.—The Secretary of expended by the State for research, develop- section (f). Transportation shall make grants to nonprofit ment, and technology transfer activities de- SEC. 622. NATIONAL TECHNOLOGY DEPLOYMENT institutions of higher learning to establish and scribed in subsection (a) relating to highway, INITIATIVE. operate 1 university transportation center in public transportation, and intermodal transpor- (a) IN GENERAL.—Chapter 3 is further amend- each of the 10 United States Government regions tation systems unless the State certifies to the ed by inserting after section 321 the following: that comprise the Standard Federal Regional Secretary for such fiscal year that total expendi- ‘‘§ 322. National technology deployment initia- Boundary System. tures by the State for transportation planning tive ‘‘(b) OTHER CENTERS.—The Secretary shall under sections 134 and 135 will exceed 75 percent make grants to nonprofit institutions of higher ‘‘(a) IN GENERAL.—The Secretary shall de- learning to establish and operate 10 university of the amount of such funds and the Secretary velop and implement a national technology de- transportation centers, in addition to the cen- accepts such certification. Funds used for re- ployment initiative to expand adoption by the ters receiving grants under subsection (a), to ad- search provided under this subsection are not surface transportation community of innovative dress transportation management and research subject to an assessment under the Small Busi- technologies to improve the safety, efficiency, and development, with special attention to in- ness Research and Development Enhancement reliability, service life, and sustainability of creasing the number of highly skilled individ- Act of 1992 (Public Law 102–564). transportation systems and to reduce environ- uals entering the field of transportation. ‘‘(c) FEDERAL SHARE.—The Federal share pay- mental impact. able on account of any project financed with ‘‘(c) SELECTION OF GRANT RECIPIENTS.— ‘‘(b) INTEGRATION WITH OTHER PROGRAMS.— ‘‘(1) APPLICATIONS.—In order to be eligible to funds which are subject to subsection (a) shall The Secretary shall integrate activities under- be 80 percent unless the Secretary determines receive a grant under this section, a nonprofit taken pursuant to this section with the efforts institution of higher learning shall submit to the that the interests of the Federal-aid highway of the Department to disseminate the results of program would be best served by decreasing or Secretary an application that is in such form research sponsored by the Department and to and contains such information as the Secretary eliminating the non-Federal share. facilitate technology transfer. ‘‘(d) ADMINISTRATION OF SUMS.—Funds which may require. ‘‘(c) LEVERAGING OF FEDERAL RESOURCES.—In are subject to subsection (a) shall be combined ‘‘(2) SELECTION CRITERIA.—The Secretary selecting projects to be carried out under this and administered by the Secretary as a single shall select each recipient of a grant under this section, the Secretary shall give preference to fund which shall be available for obligation for section through a competitive process on the projects that leverage Federal funds with other the same period as funds apportioned under sec- basis of the following: significant public or private resources. tion 104(b)(1).’’. ‘‘(A) For regional centers, the location of the ‘‘(d) GRANTS, CONTRACTS, AND COOPERATIVE (b) CONFORMING AMENDMENT.—The table of center within the Federal region to be served. AGREEMENTS.—The Secretary may carry out this sections for chapter 3 is amended by inserting ‘‘(B) The demonstrated research and exten- section either independently or in cooperation after the item relating to section 312 the follow- sion resources available to the recipient to carry with other Federal departments, agencies, and ing: out this section. instrumentalities or by making grants to, or en- ‘‘(C) The capability of the recipient to provide ‘‘313. State planning and research.’’. tering into contracts, cooperative agreements, or leadership in making national and regional con- (c) HIGHWAY NOISE RESEARCH CENTER.— other transactions with any State or local agen- tributions to the solution of immediate and long- (1) IN GENERAL.—The Secretary, in coopera- cy, authority, association, institution, corpora- range transportation problems. tion with a university with an ongoing program tion (for-profit or nonprofit), organization, or ‘‘(D) The recipient’s establishment of a sur- relating to noise control and acoustics research, person.’’. face transportation program encompassing sev- shall carry out research on methods to reduce (b) CONFORMING AMENDMENT.—The table of eral modes of transportation. highway noise. sections for chapter 3 is amended by inserting ‘‘(E) The recipient’s demonstrated commitment (2) FUNDING.—Of the amounts made available after the item relating to section 321 the follow- of at least $200,000 in regularly budgeted institu- for each of fiscal years 1999 through 2003 by sec- ing: tional amounts each year to support ongoing H1980 CONGRESSIONAL RECORD — HOUSE April 1, 1998

transportation research and education pro- ‘‘(k) APPLICATIONS THAT MAY BE CONSID- paragraph (1) shall be 80 percent; except that grams. ERED.—In selecting grant recipients under sub- the non-Federal interest shall receive credit for ‘‘(F) The recipient’s demonstrated ability to section (b), the Secretary shall consider at a the reasonable cost associated with the estab- disseminate results of transportation research minimum applications submitted by the follow- lishment and administration of the institute re- and education programs through a statewide or ing: ferred to in paragraph (1). regionwide continuing education program. ‘‘(1) Any university transportation center or SEC. 625. FUNDING ALLOCATIONS. ‘‘(G) The strategic plan the recipient proposes university research institute described in sub- Of the amounts made available for each of fis- to carry out under the grant. section (i)(1). cal years 1998 through 2003 by section ‘‘(d) OBJECTIVES.—Each university transpor- ‘‘(2) The University of Denver and Mississippi 127(a)(3)(G) of this Act— tation center receiving a grant under this sec- State University. (1) not to exceed $8,000,000 per fiscal year tion shall conduct the following programs and ‘‘(3) The University of Arizona. shall be available for the National Highway In- activities: ‘‘(4) The University of Central Florida. stitute under section 321 of title 23, United ‘‘(1) Basic and applied research, the products ‘‘(5) Carnegie Mellon and Lehigh Universities. States Code; of which are judged by peers or other experts in ‘‘(6) University of Southern California and (2) not to exceed $10,000,000 per fiscal year the field to advance the body of knowledge in California State University at Long Beach. shall be available for the local technical assist- transportation. ‘‘(7) Pace University. ance program under section 326(a) of such title; ‘‘(2) An education program that includes mul- ‘‘(8) A consortium of historically black col- (3) not to exceed $2,000,000 per fiscal year tidisciplinary course work and participation in leges in Alabama. shall be available for the Dwight D. Eisenhower research. ‘‘(9) Lawson State Community College. Transportation Fellowship Program under sec- ‘‘(3) An ongoing program of technology trans- ‘‘(10) A consortium consisting of the Univer- tion 326(b) of such title; fer that makes research results available to po- sity of Wisconsin, the University of Illinois, and (4) not to exceed $14,000,000 for each of fiscal tential users in a form that can be implemented, Purdue University. years 1998 and 1999 and $19,000,000 for each of utilized, or otherwise applied. ‘‘(11) The University of New Hampshire. fiscal years 2000 through 2003 shall be available ‘‘(e) MAINTENANCE OF EFFORT.—In order to be ‘‘(12) A consortium consisting of George for the national technology deployment initia- eligible to receive a grant under this section, a Mason University, along with the University of tive program under section 322 of such title; and recipient shall enter into an agreement with the Virginia and Virginia Tech University. (5) not to exceed $17,750,000 per fiscal year Secretary to ensure that the recipient will main- ‘‘(13) The University of Tennessee. shall be available for university transportation tain total expenditures from all other sources to ‘‘(14) The Alabama Transportation Institute. centers under section 5505 of title 49, United establish and operate a university transpor- ‘‘(15) A consortium consisting of Columbia States Code. tation center and related research activities at a University, City University of New York, Man- PART III—BUREAU OF TRANSPORTATION level at least equal to the average level of such hattan College, and New Jersey Institute of STATISTICS AND MISCELLANEOUS PRO- expenditures in its 2 fiscal years prior to award Technology. GRAMS of a grant under this section. ‘‘(16) Maritime College of the State University SEC. 631. BUREAU OF TRANSPORTATION STATIS- ‘‘(f) FEDERAL SHARE.—The Federal share of of New York. TICS. the costs of activities carried out using a grant ‘‘(17) University of New Orleans.’’. (a) IN GENERAL.—Section 111 of title 49, made under this section is 50 percent of costs. (b) CONFORMING AMENDMENT.—The table of United States Code, is amended— The non-Federal share may include funds pro- sections for chapter 55 of title 49, United States (1) by striking the second sentence of sub- vided to a recipient under section 5307 or 5311 of Code, is amended by inserting after the item re- section (b)(4); this title or section 313, 322, or 326(a) of title 23, lating to section 5504 the following: (2) in subsection (c)(1)— United States Code. ‘‘5505. University transportation research.’’. (A) in subparagraph (J) by striking ‘‘and’’ at ‘‘(g) PROGRAM COORDINATION.— the end; ‘‘(1) COORDINATION.—The Secretary shall co- (c) APPALACHIAN TRANSPORTATION INSTI- (B) in subparagraph (K) by striking the period ordinate the research, education, training, and TUTE.— and inserting ‘‘; and’’ ; and technology transfer activities that grant recipi- (1) GRANTS.—The Secretary shall make grants under section 5505 of title 49, United States (C) by adding at the end the following: ents carry out under this section, disseminate ‘‘(L) transportation-related variables influ- the results of the research, and establish and Code, to Marshall University, West Virginia, on behalf of a consortium which also may include encing global competitiveness.’’; operate a clearinghouse. (3) in subsection (c)(2)— West Virginia University Institute of Tech- ‘‘(2) ANNUAL REVIEW AND EVALUATION.—At (A) by striking ‘‘national transportation sys- nology, the College of West Virginia, and Blue- least annually, the Secretary shall review and tem’’ in the first sentence and inserting ‘‘Na- field State College to establish and operate an evaluate programs the grant recipients carry tion’s transportation systems’’; Appalachian Transportation Institute. Such in- out. (B) by striking subparagraph (A) and insert- stitute shall conduct research, training, tech- ‘‘(3) FUNDING LIMITATION.—The Secretary ing the following: may use not more than 1 percent of amounts nology transfer, and other transportation relat- ‘‘(A) be coordinated with efforts to measure made available from Government sources to ed activities in the development and enhance- outputs and outcomes of the Department of carry out this subsection. ment of transportation systems in the Appalach- Transportation and the Nation’s transportation ‘‘(h) LIMITATION ON AVAILABILITY OF ian region, including the Appalachian Develop- systems under the Government Performance and FUNDS.—Funds made available to carry out this ment Highway System. Results Act of 1993 (107 Stat. 285 et seq.);’’; and program shall remain available for obligation (2) FUNDING.—Of amounts made available to (C) in subparagraph (C) by inserting ‘‘, made for a period of 2 years after the last day of the carry out such section 5505, $2,000,000 shall be relevant to the States and metropolitan plan- fiscal year for which such funds are authorized. available for each of fiscal years 1998 through ning organizations,’’ after ‘‘accuracy’’; ‘‘(i) SPECIAL RULE FOR FISCAL YEARS 1998 and 2003 to carry out paragraph (1). (4) in subsection (c)(3) by adding at the end 1999.— (3) FEDERAL SHARE.—The Federal share pay- the following: ‘‘The Bureau shall review and re- ‘‘(1) IN GENERAL.—In carrying out subsections able for the costs of the institute referred to in port to the Secretary of Transportation on the (a) and (b) in fiscal years 1998 and 1999, the Sec- paragraph (1) shall be 80 percent; except that sources and reliability of the statistics proposed retary shall make grants to each university the non-Federal interest shall receive credit for by the heads of the operating administrations of transportation center and university research the reasonable cost associated with the estab- the Department to measure outputs and out- institute that received a grant in fiscal year 1997 lishment and administration of the institute re- comes as required by the Government Perform- under section 5316 or 5317 of this title, as in ef- ferred to in paragraph (1). ance and Results Act of 1993 (107 Stat. 285 et fect on the day before the date of the enactment (d) ITS INSTITUTE.— seq.), and shall undertake such other reviews as of this section. (1) GRANTS.—The Secretary shall make grants may be requested by the Secretary.’’; ‘‘(2) TERMS AND CONDITIONS.—Notwithstand- under section 5505 of title 49, United States (5) in subsection (c) by adding at the end the ing any other provision of this section, grants Code, to the University of Minnesota to con- following: made pursuant to paragraph (1) in fiscal years tinue to operate and expand the ITS Institute. ‘‘(7) SUPPORTING TRANSPORTATION DECISION- 1998 and 1999 shall be subject to the same terms The ITS Institute shall continue to conduct re- MAKING.—Ensuring that the statistics compiled and conditions as the fiscal year 1997 grants re- search, education, and development activities under paragraph (1) are relevant for transpor- ferred to in paragraph (1); except that the uni- that focus on transportation management, en- tation decisions by Federal, State, and local versity research institutes at San Jose State Uni- hanced safety, human factors, and reduced en- governments, transportation-related associa- versity, North Carolina A&T State University, vironmental effects. The ITS Institute shall de- tions, private businesses, and consumers.’’; and the University of South Florida shall each velop new or expanded programs to address (6) by redesignating subsections (d), (e), and receive $1,000,000 in grants under paragraph (1) emerging issues of ITS related to transportation (f) as subsections (h), (i) and (j), respectively; in each of fiscal years 1998 and 1999. policy, intermodalism, sustainable community (7) by striking subsection (g); and ‘‘(j) UNIVERSITY RESEARCH INSTITUTES.—Any development, and transportation telematics. (8) by inserting after subsection (c) the follow- university research institute that received a (2) FUNDING.—Of amounts made available to ing: grant under section 5316 of this title, as in effect carry out such section 5505, $2,000,000 shall be ‘‘(d) INTERMODAL TRANSPORTATION DATA on the day before the date of the enactment of available for each of fiscal years 1998 through BASE.—The Director shall establish and main- this section, shall be eligible to receive grants 2003 to carry out paragraph (1). tain an intermodal transportation data base. made available to university transportation cen- (3) FEDERAL SHARE.—The Federal share pay- The data base shall be suitable for analyses con- ters under this section. able for the costs of the institute referred to in ducted by the Federal Government, the States, April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1981

and metropolitan planning organizations. The ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— tion 127(a)(3)(I) of this Act, $1,500,000 per fiscal data base shall include, at a minimum— There is authorized to be appropriated out of year shall be available to carry out this para- ‘‘(1) information on the volumes and patterns the Highway Trust Fund (other than the Mass graph. of movement of goods, including local, inter- Transit Account) $31,000,000 for each of fiscal (6) MOTOR CARRIER ADVANCED SENSOR CON- regional, and international movements, by all years 1998 through 2003 to carry out this sec- TROL SYSTEM.— modes of transportation and intermodal com- tion, except that amounts for activities under (A) IN GENERAL.—The Secretary shall conduct binations, and by relevant classification; subsection (g) may not exceed $500,000 in any research on the deployment of a system of ad- ‘‘(2) information on the volumes and patterns fiscal year. Amounts made available under this vanced sensors and signal processors in trucks of movement of people, including local, inter- subsection shall remain available for a period of and tractor trailers to determine axle and wheel regional, and international movements, by all 3 fiscal years. alignment, monitor collision alarm, check tire modes of transportation and intermodal com- ‘‘(2) APPLICABILITY OF TITLE 23.—Funds au- pressure and tire balance conditions, measure binations, and by relevant classification; and thorized by this subsection shall be available for and detect load distribution in the vehicle, and ‘‘(3) information on the location and obligation in the same manner as if such funds monitor and adjust automatic braking systems. connectivity of transportation facilities and were apportioned under chapter 1 of title 23, (B) FUNDING.—Of the amounts made available services and a national accounting of expendi- United States Code.’’. for each of fiscal years 1998 through 2003 by sec- tures and capital stocks on each mode of trans- (b) CONFORMING AMENDMENT.—Section 5503 of tion 127(a)(3)(I) of this Act, $700,000 per fiscal portation and intermodal combinations. title 49, United States Code, is amended— year shall be available to carry out this para- ‘‘(e) NATIONAL TRANSPORTATION LIBRARY.— (1) by striking subsection (d); and graph. The Director shall establish and maintain a na- (2) by redesignating subsections (e), (f), and (7) OUTREACH AND TECHNOLOGY TRANSFER AC- tional transportation library containing a col- (g) as subsections (d), (e), and (f), respectively. TIVITIES.— lection of statistical and other information need- SEC. 632. TRANSPORTATION TECHNOLOGY INNO- (A) IN GENERAL.—The Secretary shall con- ed for transportation decisionmaking at the VATION AND DEMONSTRATION PRO- tinue to support the Urban Consortium’s ITS Federal, State, and local levels. GRAM. outreach and technology transfer activities. ‘‘(f) NATIONAL TRANSPORTATION ATLAS DATA (a) IN GENERAL.—The Secretary shall carry (B) FUNDING.—Of the amounts made available BASE.—The Director shall develop and maintain out a transportation technology innovation and for each of fiscal years 1998 through 2003 by sec- geographic data bases depicting transportation demonstration program in accordance with the tion 127(a)(3)(H) of this Act, $500,000 per fiscal networks; flows of people, goods, vehicles, and requirements of this section. year shall be available to carry out this para- craft over those networks; and social, economic, (b) CONTENTS OF PROGRAM.— graph. and environmental conditions affecting or af- (1) USE OF CONCRETE PAVEMENT.— (8) TRANSPORTATION ECONOMIC AND LAND USE fected by those networks. These data bases shall (A) IN GENERAL.—The Secretary shall conduct SYSTEM.— (A) IN GENERAL.—The Secretary shall con- be able to support intermodal network analysis. research on improved methods of using concrete pavement in the construction, reconstruction, tinue development and deployment through the ‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.— The Secretary may make grants to, or enter into and repair of Federal-aid highways. New Jersey Institute of Technology to metropoli- (B) FUNDING.—Of the amounts made available cooperative agreements or contracts with, public tan planning organizations of the Transpor- for each of fiscal years 1998 through 2003 by sec- and nonprofit private entities to support the tation Economic and Land Use System. tion 127(a)(3)(H) of this Act, $10,000,000 per fis- (B) FUNDING.—Of the amounts made available programs and activities of the Bureau.’’; for each of fiscal years 1998 through 2003 by sec- (9) by striking subsection (i), as so redesig- cal year shall be available to carry out this tion 127(a)(3)(H) of this Act, $1,000,000 per fiscal nated, and inserting the following: paragraph. (2) MOTOR VEHICLE SAFETY WARNING SYS- year shall be available to carry out this para- ‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.— TEM.— ‘‘(1) INFORMATION OBTAINED UNDER LONG- graph. (A) IN GENERAL.—The Secretary shall expand (9) GREAT LAKES ITS IMPLEMENTATION.— TERM DATA COLLECTION PROGRAM.—An officer and continue the study authorized by section (A) IN GENERAL.—The Secretary shall make or employee of the Bureau may not— grants to the State of Wisconsin to continue ITS ‘‘(A) make any publication in which the data 358(c) of the National Highway System Designa- activities in the corridor serving the Greater furnished by an individual or organization tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. Milwaukee, Wisconsin, Chicago, Illinois, and under paragraph (c)(2) can be identified; 625) relating to the development of a motor vehi- ‘‘(B) use the information furnished under the cle safety warning system and shall conduct Gary, Indiana, areas initiated under the Inter- provisions of subsection (c)(2) for a nonstatis- tests of such system. modal Surface Transportation Efficiency Act of (B) GRANTS.—In carrying out this paragraph, tical purpose; or 1991. (B) FUNDING.—Of the amounts allocated for ‘‘(C) permit anyone other than the individuals the Secretary may make grants to State and each of fiscal years 1998 through 2003 under sec- authorized by the Director to examine individ- local governments. (C) FUNDING.—Of the amounts made available tion 657(a) of this Act, $2,000,000 per fiscal year ual reports furnished under subsection (c)(2). for each of fiscal years 1998 through 2000 by sec- shall be available to carry out this paragraph. ‘‘(2) COPIES OF REPORTS.—No department, bu- tion 127(a)(3)(H) of this Act, $700,000 per fiscal (10) NORTHEAST ITS IMPLEMENTATION.— reau, agency, officer, or employee of the United year shall be available to carry out this para- (A) IN GENERAL.—The Secretary shall make States, except the Director in carrying out the graph. grants to the States to continue ITS activities in purpose of this section, shall require, for any (3) STEEL BRIDGE CONSTRUCTION.— the Interstate Route I–95 corridor in the north- reason, copies of reports which have been filed (A) IN GENERAL.—The Secretary shall make eastern United States initiated under the Inter- under subsection (c)(2) with the Bureau or re- grants for research and construction to improve modal Surface Transportation Efficiency Act of tained by any individual respondent. Copies of and demonstrate the use of steel bridge con- 1991. such reports which have been so retained or struction. (B) FUNDING.—Of the amounts allocated for filed with the Bureau or any of its employees, (B) FUNDING.—Of the amounts made available each of fiscal years 1998 through 2003 under sec- contractors, or agents shall be immune from for each of fiscal years 1998 through 2003 by sec- tion 657(a) of this Act, $5,000,000 per fiscal year legal process, and shall not, without the consent tion 127(a)(3)(H) of this Act, $10,000,000 per fis- shall be available to carry out this paragraph. of the individual concerned, be admitted as evi- cal year shall be available to carry out this (11) COMPOSITE MATERIALS.— dence or used for any purpose in any action, paragraph. (A) IN GENERAL.—The Secretary shall conduct suit, or other judicial or administrative proceed- (C) FEDERAL SHARE.—The Federal share pay- research in the use of composite materials for ing. This paragraph shall only apply to infor- able on account of construction activities car- guardrails and bridge decking. mation that permits information concerning an ried out using a grant made under this para- (B) FUNDING.—Of the amounts made available individual or organization to be reasonable in- graph shall be 80 percent of the cost of such ac- for each of fiscal years 1998 through 2003 by sec- ferred by direct or indirect means. tivities. tion 127(a)(3)(F) of this Act, $700,000 per fiscal ‘‘(3) COLLECTION OF DATA FOR NONSTATISTICAL (4) USE OF ASPHALT PAVEMENT.— year shall be available to carry out this para- PURPOSES.—In a case in which the Bureau is (A) IN GENERAL.—The Secretary shall conduct graph. authorized by statute to collect data or informa- research on improved methods of using asphalt (12) INTELLIGENT TRANSPORTATION INFRA- tion for nonstatistical purposes, the Director pavement in the construction, reconstruction, STRUCTURE.— shall clearly distinguish the collection of such and repair of Federal-aid highways. (A) IN GENERAL.—The Secretary shall carry data or information by rule, and on the collec- (B) FUNDING.—Of the amounts made available out a program to advance the deployment of an tion instrument, to inform a respondent re- for each of fiscal years 1998 through 2003 by sec- operational intelligent transportation infra- quested or required to supply the data or infor- tion 127(a)(3)(H) of this Act, $10,000,000 per fis- structure system for the measurement of various mation of the nonstatistical purposes.’’; and cal year shall be available to carry out this transportation system activities to aid in the (10) by adding at the end the following: paragraph. transportation planning and analysis while ‘‘(k) DATA PRODUCT SALES PROCEEDS.—Not- (5) USE OF HAZARDOUS MATERIALS MONITORING making a significant contribution to the ITS withstanding section 3302 of title 31, United SYSTEMS.— program under this title. This program shall be States Code, funds received by the Bureau from (A) IN GENERAL.—The Secretary shall conduct located in the 2 largest metropolitan areas in the the sale of data products may be credited to the research on improved methods of deploying and State of Pennsylvania. Highway Trust Fund (other than the Mass integrating existing ITS projects to include haz- (B) FUNDING.—Of the amounts made available Transit Account) and shall be available for the ardous materials monitoring systems across var- for each of fiscal years 1998 through 2003 by sec- purpose of reimbursing the Bureau for such ex- ious modes of transportation. tion 127(a)(3)(H) of this Act, $1,700,000 per fiscal penses. (B) FUNDING.—Of the amounts made available year shall be available to carry out this para- ‘‘(l) FUNDING.— for each of fiscal years 1998 through 2003 by sec- graph. H1982 CONGRESSIONAL RECORD — HOUSE April 1, 1998

(C) FEDERAL SHARE.—The Federal share pay- year shall be available to carry out this para- and maintain a national ITS architecture and able on account of the program carried out graph. standards and protocols to promote the wide- under this paragraph shall be 80 percent of the Subtitle B—Intelligent Transportation spread use and evaluation of ITS technology as cost of such program. Systems a component of the Nation’s surface transpor- (13) CORROSION CONTROL AND PREVENTION.— tation systems. SEC. 651. DEFINITIONS. (A) IN GENERAL.—The Secretary shall make a (2) INTEROPERABILITY AMONG ITS TECH- As used in this subtitle, the following defini- grant to conduct a study on the costs and bene- NOLOGIES.—The national ITS architecture shall fits of corrosion control and prevention. The tions apply: promote interoperability among ITS technologies (1) INTELLIGENT TRANSPORTATION SYSTEMS; study shall be conducted in conjunction with an implemented throughout the States. ITS.—The terms ‘‘intelligent transportation sys- interdisciplinary team of experts from the fields (3) USE OF SERVICES OF STANDARDS-SETTING tems’’ and ‘‘ITS’’ mean electronics, communica- of metallurgy, chemistry, economics, and others, ORGANIZATIONS.—In carrying out this sub- as appropriate. Not later than September 30, tions, or information processing used singly or section, the Secretary may use the services of 2001, the Secretary shall submit to Congress a in combination to improve the efficiency and standards-setting organizations. safety of surface transportation systems. report on the study results, together with any (4) ESTABLISHMENT OF DEDICATED SHORT- (2) INTELLIGENT TRANSPORTATION INFRASTRUC- recommendations. RANGE VEHICLE TO WAYSIDE WIRELESS STAND- TURE.—The term ‘‘intelligent transportation in- (B) FUNDING.—Of the amounts made available ARD.—In carrying out this subsection, the Sec- for each of fiscal years 1999 and 2000 by section frastructure’’ means fully integrated public sec- retary, in consultation with the Secretary of 127(a)(3)(H) of this Act, $500,000 per fiscal year tor ITS components, as defined by the Secretary. Commerce, the Secretary of Defense, and the (3) SECRETARY.—The term ‘‘Secretary’’ means shall be available to carry out this paragraph. Federal Communications Commission, shall take the Secretary of Transportation. (14) RECYCLED MATERIALS.— such actions as may be necessary to secure the (4) STATE.—The term ‘‘State’’ has the meaning (A) IN GENERAL.—The Secretary shall make necessary spectrum for the near-term establish- given such term under section 101 of title 23, grants to the University of New Hampshire to ment of a dedicated short-range vehicle to way- United States Code. continue research on the use of recycled mate- side wireless standard. rials in the construction of transportation SEC. 652. SCOPE OF PROGRAM. (c) EVALUATIONS.— projects. (a) SCOPE.—Subject to the provisions of this (1) GUIDELINES AND REQUIREMENTS.—The Sec- (B) FUNDING.—Of the amounts made available subtitle, the Secretary shall conduct an ongoing retary shall issue guidelines and requirements for each of fiscal years 1999 through 2003 by sec- ITS program to research, develop, and oper- for the evaluation of field and related oper- tion 127(a)(3)(F) of this Act, $1,000,000 per fiscal ationally test intelligent transportation systems ational tests carried out under section 655 of year shall be available to carry out this para- and advance nationwide deployment of such this Act. graph. systems as a component of the Nation’s surface (2) OBJECTIVITY AND INDEPENDENCE.—The (15) TRANSLINK.— transportation systems. guidelines and requirements issued under para- (A) IN GENERAL.—The Secretary shall make (b) GOALS.—The goals of the ITS program in- graph (1) shall include provisions to ensure the grants to the Texas Transportation Institute to clude— objectivity and independence of the evaluator continue the Translink Research program. (1) enhancement of surface transportation ef- and to avoid any real or apparent conflict of in- (B) FUNDING.—Of the amounts allocated for ficiency to enable existing facilities to meet a terest or potential influence on the outcome by each of fiscal years 1999 through 2001 under sec- significant portion of future transportation parties to the tests or any other formal evalua- tion 657(a) of this Act, $1,300,000 per fiscal year needs and to reduce regulatory, financial, and tion conducted under this subtitle. shall be available to carry out this paragraph. other transaction costs to public agencies and (d) INFORMATION CLEARINGHOUSE.— (16) FUNDAMENTAL PROPERTIES OF ASPHALTS system users; (1) ESTABLISHMENT.—The Secretary shall es- AND MODIFIED ASPHALTS.— (2) enhancement of safe operation of motor ve- tablish and maintain a repository for technical (A) IN GENERAL.—The Secretary shall con- hicles, including motorcycles, and nonmotorized and safety data collected as a result of feder- tinue to carry out section 6016 of the Intermodal vehicles on the Nation’s surface transportation ally-sponsored projects under this subtitle and Surface Transportation Efficiency Act of 1991. systems, with a particular emphasis on decreas- shall make, upon request, such information (ex- Additional areas of the program under such sec- ing the number and severity of collisions; cept for proprietary information and data) read- tion shall be asphalt-water interaction studies (3) protection and enhancement of the natural ily available to all users of the repository at an and asphalt-aggregate thin film behavior stud- environment and communities affected by sur- appropriate cost. ies. face transportation, with particular emphasis (2) DELEGATION OF AUTHORITY.—The Sec- (B) FUNDING.—Of the amounts made available on assisting States to attain air quality goals es- retary may delegate the responsibility of the for each of fiscal years 1999 through 2003 by sec- tablished pursuant to the Clean Air Act (42 Secretary under this subsection, with continu- tion 127(a)(3)(F) of this Act, $3,000,000 per fiscal U.S.C. 7401 et seq.); ing oversight by the Secretary, to an appro- year shall be available to carry out this para- (4) accommodation of the needs of all users of priate entity that is not within the Department graph. the Nation’s surface transportation systems, in- of Transportation. Any entity to which such re- (17) NATIONAL CENTER FOR TRANSPORTATION cluding the operators of commercial vehicles, sponsibility is delegated shall be eligible for Fed- MANAGEMENT, RESEARCH, AND DEVELOPMENT.— passenger vehicles, and motorcycles; eral assistance under this subtitle. (A) IN GENERAL.—The Secretary shall make (5) improvement of public access to employ- (e) ADVISORY COMMITTEES.— grants to design, develop, and implement re- ment, goods, and services; (1) IN GENERAL.—The Secretary may utilize 1 search, training, and technology transfer activi- (6) development of a technology base and nec- or more advisory committees in carrying out this ties to increase the number of highly skilled mi- essary standards and protocols for intelligent subtitle. nority individuals and women entering the transportation systems; (2) APPLICABILITY OF FEDERAL ADVISORY COM- transportation workforce. The grant recipient (7) improvement of the Nation’s ability to re- MITTEE ACT.—Any advisory committee utilized shall be an institution with a predominantly mi- spond to emergencies and natural disasters and under this subsection shall be subject to the nority student population, a dedicated graduate enhancement of national defense mobility; and Federal Advisory Committee Act (5 U.S.C. App., degree program in transportation studies, and a (8) promotion of the access and use of data 86 Stat. 770). demonstrated record for at least 5 years in pur- collected from projects conducted under the pro- (3) FUNDING.—Funding provided for an advi- suing the objectives for which grants are au- gram by public and private organizations. sory committee utilized under this subsection thorized by this subparagraph. SEC. 653. GENERAL AUTHORITIES AND REQUIRE- shall be available from moneys appropriated for (B) FUNDING.—Of the amounts made available MENTS. advisory committees as specified in relevant ap- by section 127(a)(3)(H) of this Act, $1,000,000 (a) COOPERATION AND CONSULTATION RE- propriations Acts and from funds allocated for shall be available to carry out this paragraph QUIREMENTS.— research, development, and implementation ac- for fiscal year 2000, $1,250,000 for fiscal year (1) COOPERATION WITH GOVERNMENTAL, PRI- tivities in connection with the ITS program. 2001, $1,500,000 for fiscal year 2002, and VATE, AND EDUCATIONAL ENTITIES.—The Sec- (f) CONFORMITY WITH STANDARDS.— $1,750,000 for fiscal year 2003. retary shall carry out the ITS program in co- (1) IN GENERAL.—The Secretary shall ensure (18) INFRASTRUCTURE TECHNOLOGY INSTI- operation with State and local governments and that ITS projects carried out using funds made TUTE.— other public entities, the United States private available out of the Highway Trust Fund con- (A) IN GENERAL.—The Secretary shall make sector, and colleges and universities, including form to the national ITS architecture and grants to study techniques to evaluate and mon- historically black colleges and universities and standards and protocols developed under sub- itor infrastructure conditions, to improve infor- other minority institutions of higher education. section (b). mation systems for infrastructure construction (2) CONSULTATION WITH FEDERAL OFFICIALS.— (2) EXCEPTION.—Paragraph (1) shall not and management, and to study advanced mate- In carrying out the ITS program, the Secretary, apply to projects carried out using funds au- rials and automated processes for constructing as appropriate, shall consult with the Secretary thorized for specific research objectives in the and rehabilitating public works facilities. The of Commerce, the Secretary of the Treasury, the National ITS Program Plan under section 654 of recipient shall be an institution with a dem- Administrator of the Environmental Protection this Act. onstrated record for at least 5 years in pursuing Agency, the Director of the National Science (g) LIFE-CYCLE COST ANALYSIS.—The Sec- the objectives for which grants are authorized Foundation, and the heads of other Federal de- retary shall require an analysis of the life-cycle by this subparagraph. partments and agencies. costs of each project carried out using funds (B) FUNDING.—Of the amounts made available (b) STANDARDS.— made available under this subtitle, and each for each of fiscal years 2000 through 2003 by sec- (1) DEVELOPMENT OF NATIONAL ITS ARCHITEC- project authorized in section 656 of this Act, for tion 127(a)(3)(H) of this Act, $3,000,000 per fiscal TURE.—The Secretary shall develop, implement, operations and maintenance of ITS elements, April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1983

where the total initial capital costs of the such mation, and other safety related systems (in- (3) FISCAL YEAR LIMITATIONS.—Of the elements exceed $3,000,000. cluding infrastructure-based systems). Develop- amounts made available to carry out this section (h) PROCUREMENT METHODS.— ment work shall incorporate human factors re- in a fiscal year— (1) TECHNICAL ASSISTANCE.—The Secretary search findings. (A) not more than $15,000,000 may be used for shall develop appropriate technical assistance SEC. 656. ITS DEPLOYMENT. projects in a metropolitan area; (B) not more than $2,000,000 may be used for and guidance to assist State and local agencies (a) INTELLIGENT TRANSPORTATION INFRA- a project in a rural area; in evaluating and selecting appropriate methods STRUCTURE DEPLOYMENT INCENTIVES PRO- of procurement for its projects carried out using (C) not more than $5,000,000 may be used for GRAM.—The Secretary shall conduct a program a commercial vehicle information system and funds made available from the Highway Trust to promote the deployment of regionally inte- Fund, including innovative and nontraditional network project; and grated, intermodal intelligent transportation (D) not more than $35,000,000 may be used for methods of procurement. systems and, through financial and technical projects in a State. (2) ITS SOFTWARE.—To the maximum extent assistance under this subtitle, shall assist in the (4) PRIORITIES.—In providing funding for practicable, contracting officials shall use as a development and implementation of such sys- projects under this section, the Secretary shall critical evaluation criterion the Software Engi- tems. allocate— neering Institute’s Capability Maturity Model, (b) GOALS.—In accordance with the National (A) not less than 25 percent of the funds made or another similar recognized standard risk as- ITS Program Plan under section 654 of this Act, available to carry out this section to eligible sessment methodology, to reduce the cost, sched- the Secretary shall provide incentives for the de- State and local entities for the implementation ule, and performance risks associated with the ployment of integrated applications of inter- of commercial vehicle information systems and development, management, and integration of modal, intelligent transportation infrastructure networks, and international border crossing im- ITS software. and system technologies to— provements, in support of public sector commer- SEC. 654. NATIONAL ITS PROGRAM PLAN. (1) stimulate sufficient deployment to validate cial vehicle operations nationwide; and (a) NATIONAL ITS PROGRAM PLAN.— and accelerate the establishment of national ITS (B) not less than 10 percent of such funds for (1) UPDATES.—The Secretary shall maintain standards and protocols; other intelligent transportation infrastructure and update, as necessary, the National ITS Pro- (2) realize the benefits of regionally inte- deployment activities outside of metropolitan gram Plan developed by the Department of grated, intermodal deployment of intelligent areas. Transportation and the Intelligent Transpor- transportation infrastructure and commercial SEC. 657. FUNDING ALLOCATIONS. tation Society of America. vehicle operations, including electronic border (a) INTELLIGENT TRANSPORTATION INFRA- (2) SCOPE.—The National ITS Program Plan crossing applications; and STRUCTURE DEPLOYMENT INCENTIVES PRO- shall— (3) motivate innovative approaches to over- GRAM.— (A) specify the goals, objectives, and mile- coming non-technical constraints or impedi- (1) ALLOCATION.—Of the amounts made avail- stones for the deployment of intelligent trans- ments to deployment. able for each of fiscal years 1998 through 2003 portation infrastructure in the context of major (c) PROJECT SELECTION.—In order to be eligi- by section 127(a)(3)(I) of this Act, $75,000,000 per metropolitan areas, smaller metropolitan and ble for funding under this section, a project fiscal year shall be available to carry out section rural areas, and commercial vehicle information shall— 656 of this Act. systems and networks; (1) contribute to national deployment goals (2) USE OF UNALLOCATED AMOUNTS.—In addi- (B) specify how specific programs and projects and objectives outlined in the National ITS Pro- tion to amounts made available by subsection relate to the goals, objectives, and milestones re- gram Plan under section 654 of this Act; (b), any amounts made available under para- ferred to in subparagraph (A), including consid- (2) demonstrate a strong commitment to co- graph (1) and not allocated by the Secretary for eration of the 5-, 10-, and 20-year timeframes for operation among agencies, jurisdictions, and the carrying out section 656 of this Act may be used the goals and objectives; private sector, as evidenced by signed memoran- by the Secretary for carrying out other activities (C) establish a course of action necessary to dums of understanding that clearly define the authorized under this subtitle. achieve the program’s goals and objectives; responsibilities and relation of all parties to a (b) ITS RESEARCH AND PROGRAM SUPPORT AC- (D) provide for the evolutionary development partnership arrangement, including institu- TIVITIES.—Of the amounts made available for of standards and protocols to promote and en- tional relationships and financial agreements each of fiscal years 1998 through 2003 by section sure interoperability in the implementation of needed to support deployment, and commitment 127(a)(3)(I) of this Act, $100,000,000 per fiscal ITS technologies; and to the criteria provided in paragraphs (3) year shall be available to carry out multi-year (E) establish a cooperative process with State through (7); research and technology development initiatives and local governments for determining desired (3) demonstrate commitment to a comprehen- under this subtitle (other than projects under surface transportation system performance lev- sive plan of fully integrated ITS deployment in section 656 of this Act). els and developing plans for national incorpora- accordance with the national ITS architecture (c) FEDERAL SHARE PAYABLE.— (1) INTELLIGENT TRANSPORTATION INFRASTRUC- tion of specific ITS capabilities into surface and standards and protocols established under TURE DEPLOYMENT INCENTIVES PROGRAM.—For transportation systems. section 653(b) of this Act; activities funded with amounts allocated under (b) IMPLEMENTATION REPORTS.—Not later (4) be part of approved plans and programs subsection (a), the Federal share payable from than 1 year after the date of the enactment of developed under applicable statewide and met- such amounts shall not exceed 50 percent of the this Act, and biennially thereafter, the Sec- ropolitan transportation planning processes and costs of the activities, and the total Federal retary shall transmit to the Committee on Trans- applicable State air quality implementation share payable from all eligible sources (includ- portation and Infrastructure of the House of plans, as appropriate, at the time Federal funds ing subsection (a)) shall not exceed 80 percent of Representatives and the Committee on Environ- are sought; the costs of the activities. ment and Public Works of the Senate a report (5) minimize the relative percentage and (2) OTHER PROGRAMS.—For activities funded on implementation of the National ITS Program amount of Federal contributions under this sec- with amounts allocated under subsection (b), Plan. tion to total project costs; unless the Secretary determines otherwise, the SEC. 655. TECHNICAL ASSISTANCE, PLANNING, (6) ensure continued, long-term operations Federal share payable on account of such ac- RESEARCH, AND OPERATIONAL and maintenance without continued reliance on tivities shall not exceed 80 percent of the costs of TESTS. Federal funding under this subtitle, along with the activities. (a) TECHNICAL ASSISTANCE, TRAINING, AND IN- documented evidence of fiscal capacity and com- (3) LONG-RANGE ACTIVITIES.—For long-range FORMATION.—The Secretary may provide tech- mitment from anticipated public and private activities undertaken in partnership with pri- nical assistance, training, and information to sources; vate entities for the purposes of section 655(d) of State and local governments seeking to imple- (7) demonstrate technical capacity for effec- this Act, the Federal share payable from funds ment, operate, maintain, and evaluate ITS tech- tive operations and maintenance or commitment allocated under this subtitle on account of such nologies and services. to acquiring necessary skills; and activities shall not exceed 50 percent of the costs (b) TRANSPORTATION PLANNING.—The Sec- (8) identify the impacts on bicycle and pedes- of the activities, and the total Federal share retary may provide funding to support adequate trian transportation and safety and evaluate payable from all eligible sources (including sub- consideration of transportation system manage- options to mitigate any adverse impacts on bicy- section (a)) shall not exceed 80 percent of the ment and operations, including ITS, within met- cle and pedestrian transportation and safety. costs of the activities. ropolitan and statewide transportation plan- (d) FUNDING LIMITATIONS.— (4) PARTICIPATION OF OTHER PUBLIC AND PRI- ning processes. (1) PROJECTS IN METROPOLITAN AREAS.—Fund- VATE SOURCES.—The Secretary shall seek maxi- (c) RESEARCH AND OPERATIONAL TESTS.—The ing under this section for intelligent transpor- mum participation in the funding of activities Secretary may provide funding for research and tation infrastructure projects in metropolitan under this subtitle from other public and private operational tests relating to ITS. areas shall be limited to activities primarily nec- sources, and shall minimize the use of funds (d) DEMONSTRATION AND EVALUATION OF IN- essary to integrate intelligent transportation in- provided under this subtitle for the construction TELLIGENT VEHICLE HIGHWAY SYSTEMS.—The frastructure elements either deployed or to be or long-term acquisition of buildings and Secretary may conduct research and develop- deployed with other sources of funds. grounds. ment activities for the purpose of demonstrating (2) OTHER PROJECTS.—For commercial vehicle (d) ADVANCED TRAFFIC MONITORING AND RE- integrated intelligent vehicle highway systems projects and projects outside metropolitan areas, SPONSE CENTER.— and roadway safety systems. Such research funding provided under this subtitle may also be (1) IN GENERAL.—The Secretary shall make shall include state-of-the-art systems and shall used for installation of intelligent transpor- grants to the Pennsylvania Transportation In- integrate collision avoidance, in-vehicle infor- tation infrastructure elements. stitute, in conjunction with the Pennsylvania H1984 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Turnpike Commission, to establish an advanced ceipts and disbursements of the Highway Trust public access facilities for transient traffic monitoring and emergency response cen- Fund established by section 9503 of the Internal nontrailerable recreational vessels. ter at Letterkenny Army Depot in Chambers- Revenue Code of 1986— ‘‘(2) The amount referred to in paragraph (1) burg, Pennsylvania. The center shall help de- (1) shall not be counted as new budget au- is equal to five percent of the portion of sums velop and coordinate traffic monitoring and ITS thority, outlays, receipts, or deficit or surplus appropriated for the fiscal year to carry out this systems on the entire Pennsylvania Turnpike for purposes of— chapter that is in excess of $35,000,000. system and I–81, coordinate emergency response (A) the budget of the United States Govern- ‘‘(3) This subsection applies to any fiscal year with State and local governments in the Central ment as submitted by the President, for which the total amount appropriated to Pennsylvania Region, and conduct research. (B) the congressional budget (including allo- carry out this chapter exceeds $35,000,000.’’. (2) FUNDING.—Of the amounts made available cations of budget authority and outlays pro- (d) EFFECTIVE DATE.—This section shall take for each of fiscal years 1998 through 2003 by sec- vided therein), or effect October 1, 1998. tion 127(a)(3)(H) of this Act, $1,667,000 per fiscal (C) the Balanced Budget and Emergency Defi- TITLE IX—RAILROADS cit Control Act of 1985; and year shall be available to carry out this sub- SEC. 901. HIGH-SPEED RAIL. section. (2) shall be exempt from any general budget (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- limitation imposed by statute on expenditures SEC. 658. GLOBAL POSITIONING SATELLITE DATA. tion 26104 of title 49, United States Code, is and net lending (budget outlays) of the United (a) MORATORIUM.—Before the last day of the amended— States Government. 2-year period beginning on the date of enact- (1) by redesignating subsection (d) as sub- ment of this Act or the 90th day after a study SEC. 702. APPLICABILITY. section (h); and has been submitted under subsection (c), which- This title shall apply to fiscal years beginning (2) by inserting after subsection (c) the follow- ever is later, records produced by global posi- after September 30, 1997. ing new subsections: tioning satellite systems shall not be subpoenaed TITLE VIII—RECREATIONAL BOATING ‘‘(d) FISCAL YEAR 1998.—(1) There are author- or otherwise used by the Secretary in enforce- SAFETY PROGRAM ized to be appropriated to the Secretary ment cases to verify compliance with hours-of- SEC. 801. SHORT TITLE. $10,000,000 for fiscal year 1998, for carrying out service requirements for employees of motor car- This title may be cited as the ‘‘Recreational section 26101 (including payment of administra- riers. Boating Safety Improvement Act of 1998’’. tive expenses related thereto). (b) EXCEPTIONS TO MORATORIUM.—Notwith- ‘‘(2) There are authorized to be appropriated SEC. 802. AMENDMENTS RELATING TO REC- standing subsection (a), the Secretary may use REATIONAL BOATING SAFETY PRO- to the Secretary $25,000,000 for fiscal year 1998, such records in a case in which any of the fol- GRAM. for carrying out section 26102 (including pay- lowing conditions exist: (a) IN GENERAL.—Section 13106 of title 46, ment of administrative expenses related thereto). (1) Global positioning satellite systems are a United States Code, is amended— ‘‘(e) FISCAL YEAR 1999.—(1) There are author- motor carrier’s primary method of maintaining (1) in subsection (a)— ized to be appropriated to the Secretary or verifying records of duty status. (A) by striking ‘‘(1)’’ and all that follows $10,000,000 for fiscal year 1999, for carrying out (2) State or Federal safety officials are inves- through the first sentence and inserting the fol- section 26101 (including payment of administra- tigating the cause of a fatal crash involving a lowing: ‘‘Except as provided in subsection (c) tive expenses related thereto). motor carrier. and subject to such amounts as are provided in ‘‘(2) There are authorized to be appropriated (3) A motor carrier has an unacceptable safety appropriations laws, the Secretary may expend to the Secretary $25,000,000 for fiscal year 1999, profile as determined by the Secretary and the for each fiscal year the amount transferred for for carrying out section 26102 (including pay- Secretary gives approval for an examination of such fiscal year to the Boat Safety Account ment of administrative expenses related thereto). the global positioning satellite records. under section 9503(c)(4) of the Internal Revenue ‘‘(f) FISCAL YEAR 2000.—(1) There are author- In carrying out this subsection, the Secretary Code of 1986 (26 U.S.C. 9503(c)(4)).’’; and ized to be appropriated to the Secretary may seek access to data from an information (B) by striking paragraph (2); and $10,000,000 for fiscal year 2000, for carrying out technology provider only if access to such data (2) by striking subsection (c) and inserting the section 26101 (including payment of administra- cannot be obtained from the motor carrier. following: tive expenses related thereto). (c) INDEPENDENT ASSESSMENT.— ‘‘(c)(1) Of the amount transferred for each fis- ‘‘(2) There are authorized to be appropriated (1) IN GENERAL.—The Secretary shall contract cal year to the Boat Safety Account under sec- to the Secretary $25,000,000 for fiscal year 2000, with an entity that is independent of the De- tion 9503(c)(4) of the Internal Revenue Code of for carrying out section 26102 (including pay- partment of Transportation to conduct a study 1986 (26 U.S.C. 9503(c)(4))— ment of administrative expenses related thereto). to identify, examine, and evaluate current and ‘‘(A) up to two percent is available to the Sec- ‘‘(g) FISCAL YEAR 2001.—(1) There are author- future issues and policies related to government retary to pay the costs of investigations, person- ized to be appropriated to the Secretary access to data produced by electronic systems nel, and activities related to administering State $10,000,000 for fiscal year 2001, for carrying out for motor carriers. The entity shall have dem- recreational boating safety programs; section 26101 (including payment of administra- onstrated knowledge about the motor carrier in- ‘‘(B) up to two percent is available to the Sec- tive expenses related thereto). dustry, motor carrier safety regulations, and the retary to ensure compliance with chapter 43 of ‘‘(2) There are authorized to be appropriated electronic information industry. this title; and to the Secretary $25,000,000 for fiscal year 2001, (2) INSPECTOR GENERAL.—The Office of the In- ‘‘(C) up to three percent is available to the for carrying out section 26102 (including pay- spector General of the Department of Transpor- Secretary to establish, operate, and maintain ment of administrative expenses related there- tation shall approve the statement of work of aids to navigation that promote primarily rec- to).’’. the entity referred to in paragraph (1) and ap- reational boating safety. (b) DEFINITION.—Section 26105(2) of title 49, prove the contract award under paragraph (1). ‘‘(2) Amounts made available by this sub- United States Code, is amended to read as fol- In carrying out its responsibilities under this section shall remain available until expended.’’. lows: paragraph, the Office of the Inspector General (b) COMPREHENSIVE SURVEYS.—Section ‘‘(2) the term ‘high-speed rail’ means all forms shall perform such overview and validation or 13103(c) of title 46, United States Code, is of nonhighway ground transportation that run verification of data as may be necessary to en- amended— on rails or electromagnetic guideways providing sure that the study to be conducted under para- (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and transportation service which is— graph (1) meets the requirements of paragraph (2) by adding at the end the following: ‘‘(A) reasonably expected to reach sustained (1). ‘‘(2) The Secretary shall use amounts allo- speeds of more than 125 miles per hour; and ‘‘(B) made available to members of the general (3) DEADLINE.—The study to be conducted cated under this subsection to conduct and re- under paragraph (1) shall be completed not later port to the Congress the findings of a com- public as passengers, than 2 years after the date of the enactment of prehensive survey of recreational boating in the but does not include rapid transit operations this Act. A report containing the results of the United States, by not later than December 1 of within an urban area that are not connected to study shall be submitted to the Secretary and 1999 and of every fifth year thereafter. The the general rail system of transportation;’’. Congress. amount expended for each survey may not ex- SEC. 902. LIGHT DENSITY RAIL LINE PILOT (4) FUNDING.—Of amounts made available ceed 50 percent of the amounts allocated under PROJECTS. under section 127(a)(3)(H), $100,000 for fiscal this subsection for the fiscal year in which the (a) AMENDMENT.—Part B of subtitle V of title year 1998, $200,000 for fiscal year 1999, and survey is conducted.’’. 49, United States Code, is amended by adding at $200,000 for fiscal year 2000 shall be available to (c) REQUIREMENT TO USE STATE PROGRAM AS- the end the following new chapter: carry out this subsection. SISTANCE FOR CERTAIN PUBLIC ACCESS FACILI- ‘‘CHAPTER 223—LIGHT DENSITY RAIL LINE TIES.—Section 13106 of title 46, United States SEC. 659. REPEAL. PILOT PROJECTS Code, is amended by adding at the end the fol- Part B of title VI of the Intermodal Surface lowing: ‘‘Sec. Transportation Efficiency Act of 1991 (105 Stat. ‘‘22301. Light density rail line pilot projects. ‘‘(d)(1) The Secretary shall require that of the 2189–2195) is repealed. amount appropriated for a fiscal year to which ‘‘§ 22301. Light density rail line pilot projects TITLE VII—TRUTH IN BUDGETING this subsection applies that is allocated and dis- ‘‘(a) GRANTS.—The Secretary of Transpor- SEC. 701. BUDGETARY TREATMENT OF HIGHWAY tributed under this chapter for State rec- tation may make grants to States that have TRUST FUND. reational boating safety programs, the amount State rail plans described in section 22102 (1) Notwithstanding any other provision of law described in paragraph (2) shall be available and (2), to fund pilot projects that demonstrate (except the Line Item Veto Act of 1996), the re- only for use pursuant to subsection (b)(4) for the relationship of light density railroad services April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1985 to the statutory responsibilities of the Secretary, ‘‘(i) Loan disbursements. ‘‘(1) enhance public safety; including those under title 23. ‘‘(ii) Repayments of principal. ‘‘(2) enhance the environment; ‘‘(b) LIMITATIONS.—Grants under this section ‘‘(iii) Payments of interest and other pay- ‘‘(3) promote economic development; may be made only for pilot projects for making ments by or to the Government over the life of ‘‘(4) enable United States companies to be capital improvements to, and rehabilitating, the loan after adjusting for estimated defaults, more competitive in international markets; publicly and privately owned rail line struc- prepayments, fees, penalties, and other recover- ‘‘(5) are endorsed by the plans prepared under tures, and may not be used for providing operat- ies. section 135 of title 23, United States Code, by the ing assistance. ‘‘(C) The cost of a loan guarantee shall be the State or States in which they are located; or ‘‘(6) preserve rail or intermodal service to ‘‘(c) PRIVATE OWNER CONTRIBUTIONS.—Grants net present value when a guaranteed loan is small communities or rural areas. made under this section for projects on privately disbursed, of the following cash flows: ‘‘(d) EXTENT OF AUTHORITY.—The aggregate ‘‘(i) Estimated payments by the Government to owned rail line structures shall include con- unpaid principal amounts of obligations under cover defaults and delinquencies, interest sub- tributions by the owner of the rail line struc- direct loans and loan guarantees made under sidies, or other payments. tures, based on the benefit to those structures, this section shall not exceed $5,000,000,000 at ‘‘(ii) Estimated payments to the Government, as determined by the Secretary. any one time. Of this amount, not less than including origination and other fees, penalties, ‘‘(d) STUDY.—The Secretary shall conduct a $1,000,000,000 shall be available solely for study of the pilot projects carried out with grant and recoveries. ‘‘(D) Any Government action that alters the projects primarily benefiting freight railroads assistance under this section to determine the other than Class I carriers. estimated net present value of an outstanding public interest benefits associated with the light ‘‘(e) RATES OF INTEREST.— density railroad networks in the States and direct loan or loan guarantee (except modifica- ‘‘(1) DIRECT LOANS.—The Secretary shall re- their contribution to a multimodal transpor- tions within the terms of existing contracts or quire interest to be paid on a direct loan made tation system. Not later than March 31, 2003, through other existing authorities) shall be under this section at a rate not less than that the Secretary shall report to Congress any rec- counted as a change in the cost of that direct necessary to recover the cost of making the loan. ommendations the Secretary considers appro- loan or loan guarantee. The calculation of such ‘‘(2) LOAN GUARANTEES.—The Secretary shall priate regarding the eligibility of light density changes shall be based on the estimated present not make a loan guarantee under this section if rail networks for Federal infrastructure financ- value of the direct loan or loan guarantee at the the interest rate for the loan exceeds that which ing. time of modification. the Secretary determines to be reasonable, tak- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(E) In estimating net present values, the dis- ing into consideration the prevailing interest There are authorized to be appropriated to the count rate shall be the average interest rate on rates and customary fees incurred under similar Secretary to carry out this section $25,000,000 for marketable Treasury securities of similar matu- obligations in the private capital market. each of the fiscal years 1998, 1999, 2000, 2001, rity to the direct loan or loan guarantee for ‘‘(f) INFRASTRUCTURE PARTNERS.— 2002, and 2003. Such funds shall remain avail- which the estimate is being made. ‘‘(1) AUTHORITY OF SECRETARY.—In lieu of or able until expended.’’. ‘‘(2) The term ‘direct loan’ means a disburse- in combination with appropriations of budget (b) TABLE OF CHAPTERS.—The table of chap- ment of funds by the Government to a non-Fed- authority to cover the costs of direct loans and ters of subtitle V of title 49, United States Code, eral borrower under a contract that requires the loan guarantees as required under section is amended by inserting after the item relating repayment of such funds. The term includes the 504(b)(1) of the Federal Credit Reform Act of to chapter 221 the following new item: purchase of, or participation in, a loan made by 1990, the Secretary may accept on behalf of an applicant for assistance under this section a ‘‘223. LIGHT DENSITY RAIL LINE another lender. The term does not include the commitment from a non-Federal source to fund PILOT PROJECTS ...... 22301’’. acquisition of a federally guaranteed loan in satisfaction of default claims. in whole or in part credit risk premiums with re- SEC. 903. MIAMI-ORLANDO-TAMPA CORRIDOR ‘‘(3) The term ‘direct loan obligation’ means a spect to the loan that is the subject of the appli- PROJECT. binding agreement by the Secretary to make a cation. In no event shall the aggregate of appro- There are authorized to be appropriated to the direct loan when specified conditions are ful- priations of budget authority and credit risk Secretary of Transportation $200,000,000, to be filled by the borrower. premiums described in this paragraph with re- made available to the Florida Department of ‘‘(4) The term ‘intermodal’ means of or relat- spect to a direct loan or loan guarantee be less Transportation to reimburse the Florida Over- ing to the connection between rail service and than the cost of that direct loan or loan guaran- land Express project in the Miami-Orlando- other modes of transportation, including all tee. Tampa corridor for capital costs of that project. parts of facilities at which such connection is ‘‘(2) CREDIT RISK PREMIUM AMOUNT.—The Sec- The Florida Department of Transportation shall made. retary shall determine the amount required for deposit funds received under this section into a ‘‘(5) The term ‘loan guarantee’ means any credit risk premiums under this subsection on separate account which shall, to the extent not guarantee, insurance, or other pledge with re- the basis of— yet required for the purposes of this section, be spect to the payment of all or a part of the prin- ‘‘(A) the circumstances of the applicant, in- invested in United States Treasury securities. cipal or interest on any debt obligation of a cluding the amount of collateral offered; Funds authorized under this section shall not be non-Federal borrower to a non-Federal lender, ‘‘(B) the proposed schedule of loan disburse- counted in calculating the allocation to the but does not include the insurance of deposits, ments; ‘‘(C) historical data on the repayment history State of Florida under section 111. shares, or other withdrawable accounts in fi- of similar borrowers; SEC. 904. ALASKA RAILROAD. nancial institutions. ‘‘(D) consultation with the Congressional (a) GRANTS.—The Secretary may make grants ‘‘(6) The term ‘loan guarantee commitment’ to the Alaska Railroad for capital rehabilitation Budget Office; and means a binding agreement by the Secretary to ‘‘(E) any other factors the Secretary considers of and improvements to its passenger services. make a loan guarantee when specified condi- (b) AUTHORIZATION OF APPROPRIATIONS.— relevant. tions are fulfilled by the borrower, the lender, or ‘‘(3) PAYMENT OF PREMIUMS.—Credit risk pre- There is authorized to be appropriated to carry any other party to the guarantee agreement. miums under this subsection shall be paid to the out this section $5,250,000 for each of fiscal ‘‘SEC. 502. DIRECT LOANS AND LOAN GUARAN- Secretary before the disbursement of loan years 1998 through 2003. TEES. amounts. SEC. 905. RAILWAY-HIGHWAY CROSSING HAZARD ‘‘(a) GENERAL AUTHORITY.—The Secretary ‘‘(4) COHORTS OF LOANS.—In order to main- ELIMINATION IN HIGH SPEED RAIL may provide direct loans and loan guarantees to tain sufficient balances of credit risk premiums CORRIDORS. State and local governments, government spon- to adequately protect the Federal Government There is authorized to be appropriated to sored authorities and corporations, railroads, from risk of default, while minimizing the length carry out section 104(d)(2) of title 23, United and joint ventures that include at least 1 rail- of time the Government retains possession of States Code, $5,250,000 for each of fiscal years road. those balances, the Secretary shall establish co- 1998 through 2003. ‘‘(b) ELIGIBLE PURPOSES.— horts of loans. When all obligations attached to SEC. 906. RAILROAD REHABILITATION AND IM- ‘‘(1) IN GENERAL.—Direct loans and loan guar- a cohort of loans have been satisfied, credit risk PROVEMENT FINANCING. antees under this section shall be used to— premiums paid for the cohort, and interest ac- (a) AMENDMENTS.—Title V of the Railroad Re- ‘‘(A) acquire, improve, or rehabilitate inter- crued thereon, which were not used to mitigate vitalization and Regulatory Reform Act of 1976 modal or rail equipment or facilities, including losses shall be returned to the original source on is amended— track, components of track, bridges, yards, a pro rata basis. (1) by striking sections 501 through 504 and buildings, and shops; ‘‘(g) PREREQUISITES FOR ASSISTANCE.—The inserting the following new sections: ‘‘(B) refinance outstanding debt incurred for Secretary shall not make a direct loan or loan ‘‘SEC. 501. DEFINITIONS. the purposes described in subparagraph (A); or guarantee under this section unless the Sec- ‘‘For purposes of this title: ‘‘(C) develop or establish new intermodal or retary has made a finding in writing that— ‘‘(1)(A) The term ‘cost’ means the estimated railroad facilities. ‘‘(1) repayment of the obligation is required to long-term cost to the Government of a direct ‘‘(2) OPERATING EXPENSES NOT ELIGIBLE.—Di- be made within a term of not more than 25 years loan or loan guarantee, calculated on a net rect loans and loan guarantees under this sec- from the date of its execution; present value basis, excluding administrative tion shall not be used for railroad operating ex- ‘‘(2) the direct loan or loan guarantee is justi- costs and any incidental effects on govern- penses. fied by the present and probable future demand mental receipts or outlays. ‘‘(c) PRIORITY PROJECTS.—In granting appli- for rail services or intermodal facilities; ‘‘(B) The cost of a direct loan shall be the net cations for direct loans or guaranteed loans ‘‘(3) the applicant has given reasonable assur- present value, at the time when the direct loan under this section, the Secretary shall give pri- ances that the facilities or equipment to be ac- is disbursed, of the following cash flows: ority to projects that— quired, rehabilitated, improved, developed, or H1986 CONGRESSIONAL RECORD — HOUSE April 1, 1998 established with the proceeds of the obligation ‘‘(1) if a payment of principal or interest (4) by moving subsection (c) of section 511 (as will be economically and efficiently utilized; under the loan is in default for more than 30 amended by paragraph (3) of this section) from ‘‘(4) the obligation can reasonably be repaid, days, the Secretary shall pay to the holder of section 511 to section 503 (as inserted by para- using an appropriate combination of credit risk the obligation, or the holder’s agent, the amount graph (1) of this section), inserting it after sub- premiums and collateral offered by the appli- of unpaid guaranteed interest; section (a), and redesignating it as subsection cant to protect the Federal Government; and ‘‘(2) if the default has continued for more (b); and ‘‘(5) the purposes of the direct loan or loan than 90 days, the Secretary shall pay to the (5) by redesignating section 516 as section 504. guarantee are consistent with subsection (b). holder of the obligation, or the holder’s agent, (b) TECHNICAL AND CONFORMING PROVI- ‘‘(h) CONDITIONS OF ASSISTANCE.—The Sec- 90 percent of the unpaid guaranteed principal; SIONS.— retary shall, before granting assistance under ‘‘(3) after final resolution of the default, (1) TABLE OF CONTENTS.—The table of con- this section, require the applicant to agree to through liquidation or otherwise, the Secretary tents of title V of the Railroad Revitalization such terms and conditions as are sufficient, in shall pay to the holder of the obligation, or the and Regulatory Reform Act of 1976 is amended the judgment of the Secretary, to ensure that, as holder’s agent, any remaining amounts guaran- by striking the items relating to sections 502 long as any principal or interest is due and pay- teed but which were not recovered through the through 518 and inserting the following: able on such obligation, the applicant, and any default’s resolution; railroad or railroad partner for whose benefit ‘‘Sec. 502. Direct loans and loan guarantees. ‘‘(4) the Secretary shall not be required to ‘‘Sec. 503. Administration of direct loans and the assistance is intended— make any payment under paragraphs (1) ‘‘(1) will not use any funds or assets from rail- loan guarantees. through (3) if the Secretary finds, before the ex- ‘‘Sec. 504. Employee protection.’’. road or intermodal operations for purposes not piration of the periods described in such para- (2) SAVINGS PROVISION.—A transaction entered related to such operations, if such use would im- graphs, that the default has been remedied; and pair the ability of the applicant, railroad, or ‘‘(5) the holder of the obligation shall not re- into under the authority of title V of the Rail- railroad partner to provide rail or intermodal ceive payment or be entitled to retain payment road Revitalization and Regulatory Reform Act services in an efficient and economic manner, or in a total amount which, together with all other of 1976 (45 U.S.C. 821 et seq.) before the date of would adversely affect the ability of the appli- recoveries (including any recovery based upon a the enactment of this Act shall be administered cant, railroad, or railroad partner to perform security interest in equipment or facilities) ex- until completion under its terms as if this Act any obligation entered into by the applicant ceeds the actual loss of such holder. were not enacted. (3) REPEAL.—Section 211(i) of the Regional under this section; ‘‘(h) RIGHTS OF THE SECRETARY.— ‘‘(2) will, consistent with its capital resources, ‘‘(1) SUBROGATION.—If the Secretary makes Rail Reorganization Act of 1973 (45 U.S.C. maintain its capital program, equipment, facili- payment to a holder, or a holder’s agent, under 721(i)) is repealed. ties, and operations on a continuing basis; and subsection (g) in connection with a loan guar- TITLE X—CONDITIONS FOR ‘‘(3) will not make any discretionary dividend antee made under section 502, the Secretary IMPLEMENTATION OF FUNDING payments that unreasonably conflict with the shall be subrogated to all of the rights of the purposes stated in subsection (b). SEC. 1001. CONDITIONS FOR IMPLEMENTATION holder with respect to the obligor under the OF FUNDING. ‘‘SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES. loan. (a) PURPOSE.—The purpose of this section is ‘‘(2) DISPOSITION OF PROPERTY.—The Sec- ‘‘(a) APPLICATIONS.—The Secretary shall pre- to ensure that all additional spending provided scribe the form and contents required of applica- retary may complete, recondition, reconstruct, by this Act above the levels assumed for those tions for assistance under section 502, to enable renovate, repair, maintain, operate, charter, programs under section 257 of the Balanced the Secretary to determine the eligibility of the rent, sell, or otherwise dispose of any property Budget and Emergency Deficit Control Act of applicant’s proposal, and shall establish terms or other interests obtained pursuant to this sec- 1985 in the baseline projections contained in the and conditions for direct loans and loan guar- tion. The Secretary shall not be subject to any Congressional Budget Office document entitled antees made under that section. Federal or State regulatory requirements when ‘‘Revised Baseline Budget Projections for Fiscal ‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.—The carrying out this paragraph. Years 1999–2008,’’ dated March 3, 1998, except holder of a loan guarantee made under section ‘‘(i) ACTION AGAINST OBLIGOR.—The Secretary that for programs with discretionary outlays the 502 may assign the loan guarantee in whole or may bring a civil action in an appropriate Fed- projections shall assume obligation authority at in part, subject to such requirements as the Sec- eral court in the name of the United States in the 1998 enacted level and that the programs retary may prescribe. the event of a default on a direct loan made shall be adjusted for the transfer of general ‘‘(d) MODIFICATIONS.—The Secretary may ap- under section 502, or in the name of the United fund programs to the trust fund, is fully offset prove the modification of any term or condition States or of the holder of the obligation in the through mandatory and discretionary offsets set of a direct loan, loan guarantee, direct loan ob- event of a default on a loan guaranteed under forth in this Act. ligation, or loan guarantee commitment, includ- section 502. The holder of a guarantee shall (b) DUTY IMPOSED ON SECRETARY.—The Sec- ing the rate of interest, time of payment of inter- make available to the Secretary all records and retary of Transportation shall not apportion, al- est or principal, or security requirements, if the evidence necessary to prosecute the civil action. locate, or obligate any funds authorized or pro- Secretary finds in writing that— The Secretary may accept property in full or vided by this Act unless it contains a section ‘‘(1) the modification is equitable and is in the partial satisfaction of any sums owed as a result stating that the conditions set forth in sub- overall best interests of the United States; and of a default. If the Secretary receives, through section (c) have been met. ‘‘(2) consent has been obtained from the appli- the sale or other disposition of such property, (c) ENUMERATION OF SPECIFIC CONDITIONS.— cant and, in the case of a loan guarantee or an amount greater than the aggregate of— The conditions referred to in subsection (b) are loan guarantee commitment, the holder of the ‘‘(1) the amount paid to the holder of a guar- that this Act shall contain provisions that offset obligation. antee under subsection (g) of this section; and any increase in outlays from the Highway Trust ‘‘(e) COMPLIANCE.—The Secretary shall assure ‘‘(2) any other cost to the United States of Fund caused by this Act above the levels as- compliance, by an applicant, any other party to remedying the default, sumed for those programs under section 257 of the loan, and any railroad or railroad partner the Secretary shall pay such excess to the obli- the Balanced Budget and Emergency Deficit for whose benefit assistance is intended, with gor. Control Act of 1985 in the baseline projections the provisions of this title, regulations issued ‘‘(j) BREACH OF CONDITIONS.—The Attorney contained in the Congressional Budget Office hereunder, and the terms and conditions of the General shall commence a civil action in an ap- document entitled ‘‘Revised Baseline Budget direct loan or loan guarantee, including propriate Federal court to enjoin any activity Projections for Fiscal Years 1999–2008,’’ dated through regular periodic inspections. which the Secretary finds is in violation of this March 3, 1998, except that for programs with ‘‘(f) COMMERCIAL VALIDITY.—For purposes of title, regulations issued hereunder, or any con- discretionary outlays the projections shall as- claims by any party other than the Secretary, a ditions which were duly agreed to, and to secure sume obligation authority at the 1998 enacted loan guarantee or loan guarantee commitment any other appropriate relief. level and that the programs shall be adjusted for shall be conclusive evidence that the underlying ‘‘(k) ATTACHMENT.—No attachment or execu- the transfer of general fund programs to the obligation is in compliance with the provisions tion may be issued against the Secretary, or any trust fund, by reducing mandatory and discre- of this title, and that such obligation has been property in the control of the Secretary, prior to tionary spending. approved and is legal as to principal, interest, the entry of final judgment to such effect in any SEC. 1002. SENSE OF CONGRESS WITH RESPECT and other terms. Such a guarantee or commit- State, Federal, or other court. TO VETERANS PROGRAMS. ment shall be valid and incontestable in the ‘‘(l) INVESTIGATION CHARGE.—The Secretary It is the sense of the Congress that provisions hands of a holder thereof, including the original may charge and collect from each applicant a referred to in section 1001(c) that are to be con- lender or any other holder, as of the date when reasonable charge for appraisal of the value of tained in this Act to offset increases described in the Secretary granted the application therefor, the equipment or facilities for which the direct that section in outlays from the Highway Trust except as to fraud or material misrepresentation loan or loan guarantee is sought, and for mak- Fund should not include any provision making by such holder. ing necessary determinations and findings. Such a change in programs or benefits administered ‘‘(g) DEFAULT.—The Secretary shall prescribe charge shall not aggregate more than one-half by the Secretary of Veterans Affairs. regulations setting forth procedures in the event of 1 percent of the principal amount of the obli- of default on a loan made or guaranteed under gation.’’; TITLE XI—EXTENSION AND MODIFICA- section 502. The Secretary shall ensure that (2) by striking sections 505 through 515 (other TION OF HIGHWAY-RELATED TAXES AND each loan guarantee made under that section than 511(c)), 517, and 518; TRUST FUND contains terms and conditions that provide (3) in section 511(c) by striking ‘‘this section’’ Sec. 1101. Short title; amendment of 1986 that— and inserting ‘‘section 502’’; Code. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1987 Sec. 1102. Extension of highway-related (B) by striking ‘‘2000’’ each place it appears SEC. 1103. MODIFICATIONS TO HIGHWAY TRUST taxes and trust fund. and inserting ‘‘2006’’. FUND. Sec. 1103. Modifications to Highway Trust (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX (a) DETERMINATION OF TRUST FUND BAL- Fund. TRANSFERS.— ANCES AFTER SEPTEMBER 30, 1998.— Sec. 1104. Provisions relating to Aquatic Re- (A) IN GENERAL.—Paragraphs (4)(A)(i) and (1) IN GENERAL.—Section 9503 (relating to sources Trust Fund. (5)(A) of section 9503(c) are each amended by Highway Trust Fund) is amended by adding Sec. 1105. Repeal of excise tax on tires. striking ‘‘1998’’ and inserting ‘‘2003’’. at the end the following new subsection: Sec. 1106. Repeal of 4.3 cent excise tax on (B) CONFORMING AMENDMENTS TO LAND AND ‘‘(f) DETERMINATION OF TRUST FUND BAL- diesel fuel and gasoline used in WATER CONSERVATION FUND.—Section 201(b) of ANCES AFTER SEPTEMBER 30, 1998.—For pur- trains. the Land and Water Conservation Fund Act poses of determining the balances of the Sec. 1107. Delay in effective date of new re- of 1965 (16 U.S.C. 460l–11(b)) is amended— Highway Trust Fund and the Mass Transit quirement for approved diesel (i) by striking ‘‘1997’’ and inserting ‘‘2003’’, Account after September 30, 1998— or kerosene terminals. and ‘‘(1) the opening balance of the Highway Sec. 1108. Simplified fuel tax refund proce- (ii) by striking ‘‘1998’’ each place it appears Trust Fund (other than the Mass Transit Ac- dures. and inserting ‘‘2004’’. count) on October 1, 1998, shall be Sec. 1109. Repeal of National Recreational $8,000,000,000, (3) CONFORMING AMENDMENT.—The heading Trails Trust Fund. for paragraph (3) of section 9503(c) is amend- ‘‘(2) the opening balance of the Mass Tran- SEC. 1101. SHORT TITLE; AMENDMENT OF 1986 ed to read as follows: sit Account on such date shall be CODE. $5,500,000,000, and ‘‘(3) FLOOR STOCKS REFUNDS.—’’. (a) SHORT TITLE.—This title may be cited as (d) EXTENSION AND EXPANSION OF EXPENDI- ‘‘(3) no interest on any obligation held by the ‘‘Surface Transportation Revenue Act of TURES FROM TRUST FUND.— such Fund shall be credited to such Fund if 1998’’. (1) HIGHWAY ACCOUNT.— such interest accrues after September 30, (b) AMENDMENT OF 1986 CODE.—Except as 1998. otherwise expressly provided, whenever in (A) EXTENSION OF EXPENDITURE AUTHORITY.— The Secretary shall cancel obligations held this title an amendment or repeal is ex- Paragraph (1) of section 9503(c) is amended by the Highway Trust Fund to reflect the re- pressed in terms of an amendment to, or re- by striking ‘‘1998’’ and inserting ‘‘2003’’. duction in the balances under this sub- peal of, a section or other provision, the ref- (B) EXPANSION OF PURPOSES.—Paragraph (1) section.’’. erence shall be considered to be made to a of section 9503(c) is amended— (2) EFFECTIVE DATE.—The amendment made section or other provision of the Internal (i) by striking ‘‘or’’ at the end of subpara- by paragraph (1) shall take effect on October Revenue Code of 1986. graph (C), and 1, 1998. SEC. 1102. EXTENSION OF HIGHWAY-RELATED (ii) by striking ‘‘1991.’’ in subparagraph (D) (b) REPEAL OF LIMITATION ON EXPENDITURES TAXES AND TRUST FUND. and all that follows through the end of para- ADDED BY TAXPAYER RELIEF ACT OF 1997.— (a) EXTENSION OF TAXES.— graph (1) and inserting ‘‘1991, or (1) IN GENERAL.—Subsection (c) of section (1) IN GENERAL.—The following provisions ‘‘(E) authorized to be paid out of the High- 9503 (relating to expenditures from Highway are each amended by striking ‘‘1999’’ each way Trust Fund under the Building Efficient Trust Fund) is amended by striking para- place it appears and inserting ‘‘2005’’: Surface Transportation and Equity Act of graph (7). (A) Section 4041(a)(1)(C)(iii)(I) (relating to 1998. (2) EFFECTIVE DATE.—The amendment made rate of tax on certain buses). In determining the authorizations under the by paragraph (1) shall take effect as if in- (B) Section 4041(a)(2)(B) (relating to rate of Acts referred to in the preceding subpara- cluded in the amendments made by section tax on special motor fuels), as amended by graphs, such Acts shall be applied as in effect 901 of the Taxpayer Relief Act of 1997. section 907(a)(1) of the Taxpayer Relief Act of on the date of the enactment of the Building (c) LIMITATION ON EXPENDITURE AUTHOR- 1997. Efficient Surface Transportation and Equity ITY.—Subsection (b) of section 9503 (relating (C) Section 4041(m)(1)(A) (relating to cer- Act of 1998.’’. (2) MASS TRANSIT ACCOUNT.— to transfers to Highway Trust Fund) is tain alcohol fuels), as amended by section amended by adding at the end the following (A) EXTENSION OF EXPENDITURE AUTHORITY.— 907(b) of the Taxpayer Relief Act of 1997. new paragraph: (D) Section 4051(c) (relating to termi- Paragraph (3) of section 9503(e) is amended by striking ‘‘1998’’ and inserting ‘‘2003’’. ‘‘(6) LIMITATION ON TRANSFERS TO HIGHWAY nation). TRUST FUND.— (E) Section 4081(d)(1) (relating to termi- (B) EXPANSION OF PURPOSES.—Paragraph (3) of section 9503(e) is amended— ‘‘(A) IN GENERAL.—Except as provided in nation). subparagraph (B), no amount may be appro- (F) Section 4481(e) (relating to period tax (i) by striking ‘‘or’’ at the end of subpara- graph (A), priated to the Highway Trust Fund on and in effect). after the date of any expenditure from the (G) Section 4482(c)(4) (relating to taxable (ii) by adding ‘‘or’’ at the end of subpara- graph (B), and Highway Trust Fund which is not permitted period). by this section. The determination of wheth- (H) Section 4482(d) (relating to special rule (iii) by striking all that follows subpara- graph (B) and inserting: er an expenditure is so permitted shall be for taxable period in which termination date made without regard to— occurs). ‘‘(C) the Building Efficient Surface Trans- portation and Equity Act of 1998, ‘‘(i) any provision of law which is not con- (2) TAX ON TIRES EXTENDED ONLY THROUGH tained or referenced in this title or in a reve- SEPTEMBER 30, 2000.—Section 4071(d) (relat- as such sections and Acts are in effect on the nue Act, and ing to termination) is amended by striking date of the enactment of the Building Effi- ‘‘(ii) whether such provision of law is a sub- ‘‘1999’’ and inserting ‘‘2000’’. cient Surface Transportation and Equity Act sequently enacted provision or directly or in- (3) OTHER PROVISIONS.— of 1998.’’. directly seeks to waive the application of this (e) TECHNICAL CORRECTION RELATING TO (A) FLOOR STOCKS REFUNDS.—Section paragraph. TRANSFERS TO MASS TRANSIT ACCOUNT.— 6412(a)(1) (relating to floor stocks refunds) is ‘‘(B) EXCEPTION FOR PRIOR OBLIGATIONS.— (1) IN GENERAL.—Section 9503(e)(2) is amended— Subparagraph (A) shall not apply to any ex- amended by striking the last sentence and in- (i) by striking ‘‘1999’’ each place it appears penditure to liquidate any contract entered serting the following: ‘‘For purposes of the and inserting ‘‘2005’’, and into (or for any amount otherwise obligated) preceding sentence, the term ‘mass transit (ii) by striking ‘‘2000’’ each place it appears before October 1, 2003, in accordance with portion’ means, for any fuel with respect to and inserting ‘‘2006’’. the provisions of this section.’’. (B) INSTALLMENT PAYMENTS OF HIGHWAY USE which tax was imposed under section 4041 or (d) MODIFICATION OF MASS TRANSIT ACCOUNT TAX.—Section 6156(e)(2) (relating to install- 4081 and otherwise deposited into the High- RULES ON ADJUSTMENTS OF APPORTIONMENTS.— ment payments of highway use tax on use of way Trust Fund, the amount determined at Paragraph (4) of section 9503(e) is amended highway motor vehicles) is amended by strik- the rate of— to read as follows: ing ‘‘1999’’ and inserting ‘‘2005’’. ‘‘(A) except as otherwise provided in this ‘‘(4) LIMITATION.—Rules similar to the rules (b) EXTENSION OF CERTAIN EXEMPTIONS.— sentence, 2.86 cents per gallon, of subsection (d) shall apply to the Mass The following provisions are each amended ‘‘(B) 1.43 cents per gallon in the case of any Transit Account.’’. by striking ‘‘1999’’ and inserting ‘‘2005’’: partially exempt methanol or ethanol fuel (as SEC. 1104. PROVISIONS RELATING TO AQUATIC (1) Section 4221(a) (relating to certain tax- defined in section 4041(m)) none of the alco- RESOURCES TRUST FUND. free sales). hol in which consists of ethanol, (a) INCREASED TRANSFERS.— (2) Section 4483(g) (relating to termination ‘‘(C) 1.86 cents per gallon in the case of liq- (1)(A) Effective with respect to taxes im- of exemptions for highway use tax). uefied natural gas, posed after September 30, 1999, and before (c) EXTENSION OF DEPOSITS INTO, AND CER- ‘‘(D) 2.13 cents per gallon in the case of liq- October 1, 2000, subparagraph (D) of section TAIN TRANSFERS FROM, TRUST FUND.— uefied petroleum gas, and 9503(b)(4) is amended by striking ‘‘11.5 cents’’ (1) IN GENERAL.—Subsection (b), and para- ‘‘(E) 9.71 cents per MCF (determined at and inserting ‘‘14.9 cents’’. graphs (2) and (3) of subsection (c), of section standard temperature and pressure) in the (B) Effective with respect to taxes imposed 9503 (relating to the Highway Trust Fund) case of compressed natural gas.’’. after September 30, 2000, paragraph (4) of are each amended— (2) EFFECTIVE DATE.—The amendment made section 9503(b) is amended by striking sub- (A) by striking ‘‘1999’’ each place it appears by paragraph (1) shall take effect as if in- paragraph (D) and by redesignating subpara- (other than in subsection (b)(4)) and insert- cluded in the amendment made by section graphs (E), (F), and (G) as subparagraphs (D), ing ‘‘2005’’, and 901(b) of the Taxpayer Relief Act of 1997. (E), and (F), respectively. H1988 CONGRESSIONAL RECORD — HOUSE April 1, 1998

(2) Subparagraph (A) of section 9503(c)(4), (i) by striking paragraphs (2) and (3), (c) EFFECTIVE DATE.—The amendments as amended by section 1102(c)(2)(A), is (ii) by striking so much of such subsection made by this section shall take effect on the amended to read as follows: as precedes the text of paragraph (1) and in- date of the enactment of this Act. ‘‘(A) TRANSFERS TO BOAT SAFETY ACCOUNT.— serting: SEC. 1107. DELAY IN EFFECTIVE DATE OF NEW ‘‘(i) IN GENERAL.—The Secretary shall pay ‘‘(e) RECIPROCITY REQUIRED IN CASE OF CIVIL REQUIREMENT FOR APPROVED DIE- SEL OR KEROSENE TERMINALS. from time to time from the Highway Trust AIRCRAFT.—’’, and Fund into the Boat Safety Account in the (iii) by moving such text 2 ems to the left. Subsection (f) of section 1032 of the Tax- Aquatic Resources Trust Fund amounts (as (4) Paragraph (1) of section 4223(b) is payer Relief Act of 1997 is amended to read determined by the Secretary) equivalent to amended by striking ‘‘section 4218(c)’’ and in- as follows: ‘‘(f) EFFECTIVE DATES.— one-half of the motorboat fuel taxes received serting ‘‘section 4218(b)’’. ‘‘(1) Except as provided in paragraph (2), after September 30, 1998, and before October (5)(A) Paragraph (1) of section 6412(a) is the amendments made by this section shall 1, 2003. amended— take effect on July 1, 1998. ‘‘(ii) LIMIT ON AMOUNT IN FUND.—No amount (i) by striking ‘‘TIRES AND TAXABLE’’ in the ‘‘(2) The amendment made by subsection (d) shall be transferred under this subparagraph heading and inserting ‘‘TAXABLE’’, and shall take effect on July 1, 2000.’’. during any fiscal year if the Secretary deter- (ii) by striking ‘‘4071 or’’. mines that such transfer would result in in- SEC. 1108. SIMPLIFIED FUEL TAX REFUND PRO- (B) Subsection (c) of section 6412 is amend- CEDURES. creasing the unobligated balance in the Boat ed by striking ‘‘sections 4071 and’’ and insert- (a) IN GENERAL.—Subparagraph (A) of sec- Safety Account to a sum in excess of one-half ing ‘‘section’’. tion 6427(i)(2) is amended to read as follows: of the total amount received as motorboat (6)(A) Paragraph (1) of section 6416(b) is ‘‘(A) IN GENERAL.—If, at the close of any fuel taxes during the preceding fiscal year.’’. amended— quarter of the taxable year of any person, at (b) EXTENSION AND EXPANSION OF EXPENDI- (i) by striking ‘‘or (C)’’ in subparagraph (A), least $750 is payable in the aggregate under TURE AUTHORITY FROM BOAT SAFETY AC- and subsections (a), (b), (d), (h), (l), and (q) of this COUNT.—Section 9504(c) (relating to expendi- (ii) by striking subparagraph (C). section and section 6421 to such person with tures from Boat Safety Account) is amend- (B) Paragraph (2) of section 6416(b) is respect to fuel used— ed— amended by adding ‘‘or’’ at the end of sub- ‘‘(i) during such quarter, or (1) by striking ‘‘1998’’ and inserting ‘‘2003’’, paragraph (D), by striking subparagraph (E), ‘‘(ii) any prior quarter during such taxable and and by redesignating subparagraph (F) as year for which no other claim has been filed, (2) by striking ‘‘October 1, 1988’’ and insert- subparagraph (E). ing ‘‘the date of the enactment of the Build- (C) Subsection (b) of section 6416 is amend- a claim may be filed under this section with ing Efficient Surface Transportation and Eq- ed by striking paragraph (4) and redesignat- respect to such fuel.’’. (b) CONFORMING AMENDMENTS.— uity Act of 1998’’. ing paragraphs (5) and (6) as paragraphs (4) (1) Subsection (i) of section 6427 is amend- (c) LIMITATION ON EXPENDITURE AUTHOR- and (5), respectively. ed by striking paragraph (4) and by redesig- ITY.—Section 9504 (relating to Aquatic Re- (D) Subsection (d) of section 4216 is amend- nating paragraph (5) as paragraph (4). sources Trust Fund) is amended by redesig- ed by striking ‘‘section 6416(b)(5)’’ and insert- (2) Paragraph (2) of section 6427(k) is nating subsection (d) as subsection (e) and by ing ‘‘section 6416(b)(4)’’. amended to read as follows: inserting after subsection (c) the following: (7) Paragraph (1) of section 9503(b) is ‘‘(2) EXCEPTION.—Paragraph (1) shall not ‘‘(d) LIMITATION ON TRANSFERS TO AQUATIC amended by striking subparagraphs (C) and apply to a payment of a claim filed under RESOURCES TRUST FUND.— (D) and by redesignating subparagraphs (E) paragraph (2), (3), or (4) of subsection (i).’’. ‘‘(1) IN GENERAL.—Except as provided in and (F) as subparagraphs (C) and (D), respec- (3) Paragraph (2) of section 6421(d) is paragraph (2), no amount may be appro- tively. amended to read as follows: priated or paid to any Account in the Aquatic (8) Paragraph (5) of section 9503(b) is ‘‘(2) EXCEPTION.— Resources Trust Fund on and after the date amended by striking ‘‘and (E)’’ and inserting of any expenditure from any such Account ‘‘and (C)’’. ‘‘For payments per quarter based on aggre- which is not permitted by this section. The (9) The table of parts for subchapter A of gate amounts payable under this section and determination of whether an expenditure is chapter 32 is amended by striking the item section 6427, see section 6427(i)(2).’’. so permitted shall be made without regard relating to part II. (c) EFFECTIVE DATE.—The amendments to— (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on Oc- ‘‘(A) any provision of law which is not con- made by this section shall take effect on Oc- tober 1, 1998. tained or referenced in this title or in a reve- tober 1, 2000; except that the amendment SEC. 1109. REPEAL OF NATIONAL RECREATIONAL nue Act, and made by subsection (b)(6) shall not apply to TRAILS TRUST FUND. ‘‘(B) whether such provision of law is a sub- amounts received in the Treasury with re- (a) IN GENERAL.—Section 9511 (relating to sequently enacted provision or directly or in- spect to taxes imposed before such date. National Recreational Trails Trust Fund) is repealed. directly seeks to waive the application of this SEC. 1106. REPEAL OF 4.3 CENT EXCISE TAX ON (b) CONFORMING AMENDMENTS.— subsection. DIESEL FUEL AND GASOLINE USED (1) Section 9503(c) is amended by striking ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— IN TRAINS. Paragraph (1) shall not apply to any expendi- paragraph (6). (a) DIESEL FUEL.— (2) The table of sections for subchapter A of ture to liquidate any contract entered into (1) IN GENERAL.—Clause (ii) of section (or for any amount otherwise obligated) be- chapter 98 is amended by striking the item 4041(a)(1)(C) (relating to rate of tax) is relating to section 9511. fore October 1, 2003, in accordance with the amended to read as follows: provisions of this section.’’. ‘‘(ii) RATE OF TAX ON TRAINS.—In the case of The CHAIRMAN. No amendment to (d) EFFECTIVE DATES.— any sale for use, or use, of diesel fuel in a the committee amendment in the na- (1) IN GENERAL.—Except as otherwise pro- train, the rate of tax imposed by this para- ture of a substitute is in order except vided in this section, the amendments made graph shall be— those printed in Part II of the report. by this section shall take effect on the date of ‘‘(I) 5.55 cents per gallon after September Each amendment may be offered only the enactment of this Act. 30, 1995, and before October 1, 1999, in the order printed in the report, by a (2) INCREASED TRANSFERS.—The amendment ‘‘(II) 4.3 cents per gallon after September Member designated in the report, shall made by subsection (a)(2) shall take effect on 30, 1999, and before October 1, 2000, and October 1, 1998. be considered read, shall be debatable ‘‘(III) zero after September 30, 2000.’’. for the time specified in the report, SEC. 1105. REPEAL OF EXCISE TAX ON TIRES. (2) CONFORMING AMENDMENT.—Subpara- equally divided and controlled by the (a) IN GENERAL.—Subchapter A of chapter graph (B) of section 6427(l)(3) is amended to 32 (relating to automotive and related items) read as follows: proponent and an opponent, shall not is amended by striking part II. ‘‘(B) so much of the rate specified in section be subject to amendment, and shall not (b) CONFORMING AMENDMENTS.— 4081(a)(2)(A) as does not exceed— be subject to a demand for division of (1) Section 4051 is amended by striking ‘‘(i) 5.55 cents per gallon after September the question. subsection (d). 30, 1995, and before October 1, 1999, The Chairman of the Committee of (2) Section 4218 is amended— ‘‘(ii) 4.3 cents per gallon after September 30, the Whole may postpone a request for a (A) by striking ‘‘(other than a tire taxable 1999, and before October 1, 2000, and recorded vote on any amendment and under section 4071)’’ in subsection (a), ‘‘(iii) zero after September 30, 2000.’’. may reduce to a minimum of 5 minutes (B) by striking subsection (b), and (b) GASOLINE.—Subparagraph (B) of section the time for voting on any postponed (C) by redesignating subsection (c) as sub- 6421(f)(3) is amended to read as follows: question that immediately follows an- section (b). ‘‘(B) so much of the rate specified in section other vote, provided that the time for (3)(A) The third sentence of section 4221(a) 4081(a)(2)(A) as does not exceed— is amended to read as follows: ‘‘Paragraphs ‘‘(i) 5.55 cents per gallon after September voting on the first question shall be a (4) and (5) shall not apply to the tax imposed 30, 1995, and before October 1, 1999, minimum of 15 minutes. by section 4051 on and after October 1, 2005.’’ ‘‘(ii) 4.3 cents per gallon after September 30, It is now in order to consider amend- (B) Subsection (e) of section 4221 is amend- 1999, and before October 1, 2000, and ment number 1 printed in Part II of the ed— ‘‘(iii) zero after September 30, 2000.’’. House report 105–476. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1989

AMENDMENT NO. 1 OFFERED BY MR. SHUSTER ‘‘(6) WATER-PHASED HYDROCARBON FUEL graph (2), as added by subparagraph (D) of Mr. SHUSTER. Mr. Chairman, I offer EMULSION.—In this subsection, the term this paragraph; and an amendment. ‘water-phased hydrocarbon fuel emulsion’ In section 117(d) of the bill— The CHAIRMAN. The Clerk will des- consists of a hydrocarbon base and water in (1) strike ‘‘and’’ at the end of paragraph ignate the amendment. an amount not less than 20 percent by vol- (3); (2) strike the period at the end of para- The text of the amendment is as fol- ume of the total water-phased fuel emul- sion.’’. graph (4) and insert ‘‘; and’’; and lows: (3) add at the end the following: Part II, amendment numbered 1 offered by In the matter proposed to be inserted as section 206(e)(1)(K) of title 23, United States (5) by adding at the end the following: Mr. SHUSTER: ‘‘(k) SET-ASIDE FOR ADMINISTRATIVE EX- In section 109(b)— Code, by section 114(a) of the bill, insert ‘‘of PENSES OF INDIAN TRIBES.— (1) redesignate paragraphs (1) through (4) 1969’’ after ‘‘National Environmental Policy Act’’. ‘‘(1) IN GENERAL.—Up to 1 percent of the as paragraphs (2) through (5), respectively; funds made available for Indian reservation In the last sentence of section 111(d) of the and roads for each fiscal year shall be set aside bill, strike ‘‘fiscal year 1998, 1999, 2000, 2001, (2) insert before paragraph (2) (as so redes- by the Secretary of the Interior for transpor- 2002, or 2003, as the case may be’’ and insert ignated) the following: tation-related administrative expenses of In- (1) by striking ‘‘that was designated as a ‘‘the fiscal year beginning after September dian tribal governments. nonattainment area under section 107(d) of 30, 1997’’. ‘‘(2) DISTRIBUTION.—The Secretary of the the Clean Air Act (42 U.S.C. 7407(d)) during In section 117(b) of the bill— Interior shall make available to each Indian any part of fiscal year 1994’’ and inserting (1) strike ‘‘and’’ at the end of paragraph tribal government with an approved applica- the following: ‘‘that is or was designated as (1); tion under paragraph (3) an equal percentage a nonattainment area for ozone, carbon mon- (2) redesignate paragraph (2) as paragraph of any sum set aside pursuant to paragraph oxide, or particulate matter under section (3); and (1). 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) (3) insert after paragraph (1) the following: ‘‘(3) APPLICATIONS.—To receive funds under and classified pursuant to section 181(a), (2) in subsection (d)— this paragraph, an Indian tribal government 186(a), 188(a), or 188(b) of the Clean Air Act (A) by inserting ‘‘INDIAN RESERVATION must submit to the Secretary of the Interior (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) ROADS.—’’ after ‘‘(d)’’; for approval an application in accordance or is or was designated as a nonattainment (B) by inserting ‘‘(1) FOR FISCAL YEARS END- with the requirements of the Indian Self-De- area under such section 107(d) after Decem- ING BEFORE OCTOBER 1, 1999.—’’ before ‘‘On Oc- termination and Education Assistance Act. ber 31, 1997,’’; tober’’; The Secretary of the Interior shall approve In section 109 of the bill— (C) by inserting after ‘‘each fiscal year’’ any such application that demonstrates that (1) redesignate subsection (c) as subsection the following: ‘‘ending before October 1, the applicant has the capability to carry out (d); and 1999’’; transportation planning activities or is in (2) insert after subsection (b) the following: (D) by adding at the end the following: (c) PUBLIC-PRIVATE PARTNERSHIPS.—Sec- the process of establishing such a capability. ‘‘(2) FISCAL YEAR 2000 AND THEREAFTER.— tion 149 is amended by adding at the end the ‘‘(l) APPROVAL OF INDIAN RESERVATION ‘‘(A) IN GENERAL.—All funds authorized to following: ROAD PROJECTS BY THE SECRETARY.— be appropriated for Indian reservation roads ‘‘(e) PARTNERSHIPS WITH NONGOVERN- ‘‘(1) ESTABLISHMENT OF PILOT PROGRAM.— shall be allocated among Indian tribes for MENTAL ENTITIES.— The Secretary shall establish a pilot pro- ‘‘(1) IN GENERAL.—Notwithstanding any fiscal year 2000 and each subsequent fiscal gram (hereinafter in this subsection referred other provision of this title and in accord- year in accordance with a formula estab- to as the ‘program’) for the purposes de- ance with this subsection, a metropolitan lished by the Secretary of the Interior under scribed in paragraph (2) and shall carry out planning organization, State transportation a negotiated rulemaking procedure under such program in each of fiscal years 1999 department, or other project sponsor may subchapter III of chapter 5 of title 5. through 2003. enter into an agreement with any public, pri- ‘‘(B) REGULATIONS.—Notwithstanding sec- ‘‘(2) PURPOSE.—The purpose of the program vate, or nonprofit entity to cooperatively tions 563(a) and 565(a) of title 5, the Sec- shall be to permit an Indian tribal govern- implement any project carried out under this retary of the Interior shall issue regulations ment to apply directly to the Secretary for section. governing the Indian reservation roads pro- authorization to conduct projects on Indian ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— gram, and establishing the funding formula reservation roads using amounts allocated to Participation by an entity under paragraph for fiscal year 2000 and each subsequent fis- the Indian tribal government under the In- (1) may consist of— cal year under this paragraph, in accordance dian reservation roads program. ‘‘(A) ownership or operation of any land, with a negotiated rulemaking procedure ‘‘(3) TREATMENT AS STATES.—Except as oth- facility, vehicle, or other physical asset asso- under subchapter III of chapter 5 of title 5. erwise provided by the Secretary, an Indian ciated with the project; The regulations shall be issued in final form tribal government submitting an application ‘‘(B) cost sharing of any eligible project ex- not later than April 1, 1999, and shall take ef- to the Secretary under the program shall be pense; and fect not later than October 1, 1999. subject to the same requirements as a State ‘‘(C) any other form of participation ap- ‘‘(C) NEGOTIATED RULEMAKING COMMITTEE.— applying for approval of a Federal-aid high- proved by the Secretary. In establishing a negotiated rulemaking way project. ‘‘(3) ALLOCATION OF ENTITIES.—A State may committee to carry out subparagraph (B), ‘‘(4) SELECTION OF PARTICIPANTS.— allocate funds apportioned under section the Secretary of the Interior shall— ‘‘(A) APPLICATIONS.—An Indian tribal gov- 104(b)(2) to an entity described in paragraph ‘‘(i) apply the procedures under subchapter ernment seeking to participate in the pro- (1). III of chapter 5 of title 5 in a manner that re- gram shall submit to the Secretary an appli- ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the flects the unique government-to-government cation which is in such form and contains case of a project that will provide for the use relationship between the Indian tribes and such information as the Secretary may re- of alternative fuels by privately owned vehi- the United States; and quire. cles or vehicle fleets, activities eligible for ‘‘(ii) ensure that the membership of the ‘‘(B) MAXIMUM NUMBER OF PARTICIPANTS.— funding under this subsection— committee includes only representatives of The Secretary shall select not more than 10 ‘‘(A) may include the costs of vehicle re- the Federal Government and of geographi- Indian tribal governments to participate in fueling infrastructure, including infrastruc- cally diverse small, medium, and large In- the program. ture that would support the development, dian tribes. ‘‘(5) TECHNICAL ASSISTANCE.—The Sec- production, and use of innovative water- ‘‘(D) BASIS FOR FUNDING FORMULA.—The retary, in cooperation with the Secretary of phased hydrocarbon fuel emulsion tech- funding formula established for fiscal year the Interior, shall provide technical assist- nologies, and other capital investments asso- 2000 and each subsequent fiscal year under ance to Indian tribal governments partici- ciated with the project; this paragraph shall be based on factors that pating in the program. ‘‘(B) shall include only the incremental reflect— ‘‘(6) TRANSITIONAL ASSISTANCE.—Upon re- cost of an alternative fueled vehicle com- ‘‘(i) the relative needs of the Indian tribes, quest of the Secretary, the Secretary of the pared to a conventionally fueled vehicle that and reservation or tribal communities, for Interior shall provide to the Secretary such would otherwise be borne by a private party; transportation assistance; and assistance as may be necessary for imple- and ‘‘(ii) the relative administrative capacities mentation of the program. ‘‘(C) shall apply other governmental finan- of, and challenges faced by, various Indian ‘‘(7) REPORT.—Not later than September 30, cial purchase contributions in the calcula- tribes, including the cost of road construc- 2001, the Secretary shall transmit to Con- tion of net incremental cost. tion in each Bureau of Indian Affairs area, gress a report on the results of the program. ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION geographic isolation and difficulty in main- In developing such report, the Secretary WITH RESPECT TO REQUIRED ACTIVITIES.—A taining all-weather access to employment, shall solicit the comments of Indian tribal Federal participation payment under this commerce, health, safety, and educational governments participating in the program.’’. subsection may not be made to an entity to resources.’’; and In section 120 of the bill— fund an obligation imposed under the Clean (E) by indenting paragraph (1), as des- (1) redesignate subsections (a), (b), and (c), Air Act (42 U.S.C. 7401 et seq.) or any other ignated by subparagraph (B) of this para- as subsections (b), (c), and (d), respectively; Federal law. graph, and aligning paragraph (1) with para- and H1990 CONGRESSIONAL RECORD — HOUSE April 1, 1998 (2) insert before subsection (b) (as so redes- In the table contained in section 127(c) of (14) in item 108 strike ‘‘Design’’ and all ignated) the following: the bill— that follows through ‘‘bypass,’’ and insert (a) INCREASED FEDERAL SHARE FOR CERTAIN (1) in item 3 strike ‘‘0.750’’ and insert ‘‘Preliminary engineering and right-of-way SAFETY PROJECTS.—The first sentence of sec- ‘‘1.000’’; acquisition for ‘Intertown South’ route of US tion 120(c) is amended by inserting ‘‘and (2) in item 5 strike ‘‘2 miles south of 31 bypass, Emmet County; transit vehicles’’ after ‘‘emergency vehi- Biwabik’’ and insert ‘‘CR–535’’; (15) in item 129— cles’’. (3) in item 6 strike ‘‘7.000’’ and insert (A) strike ‘‘209’’ and insert ‘‘290’’; and In the matter proposed to be inserted after ‘‘6.000’’; (B) strike ‘‘16.000’’ and insert ‘‘18.000; the second sentence of paragraph (1) of sec- (4) in item 8 after ‘‘$2,000,000’’ insert the (16) in item 133 strike ‘‘Kaumualili’’ and in- tion 135(f) of title 23, United States Code, by following: ‘‘for the S. 277th St./UP project in section 125(d)(1) of the bill, strike ‘‘elected’’ Auburn/Kent, $2,000,000 for the S. 180th St. sert ‘‘Kaumualii’’; each place it appears. project in Tukwila, $1,000,000 for the 8th St. (17) in item 135— In section 127(b) of the bill, strike ‘‘Section E/B SNF project in Pierce Co., and $1,500,000 (A) strike ‘‘Illinois’’ and insert ‘‘West Vir- 104’’ and all that follows through the first for the Shaw Rd. extension and Puyallup’’; ginia’’; colon and insert the following: (5) in item 11 strike ‘‘Construct’’ and all (B) strike ‘‘Construct’’ and all that follows (1) IN GENERAL.—Section 104 is amended by that follows through ‘‘Los’’and insert ‘‘Up- through ‘‘Chicago’’ and insert ‘‘Construct redesignating subsection (j) as subsection grade access to Sylmar/San Fernando Shawnee Parkway between junction with I– (k), and by inserting after subsection (i) the Metrolink Station and Westfield Village, Los 73/74 corridor and I–77’’; and following: Angeles’’; (C) strike ‘‘1.000’’ and insert ‘‘5.000’’; At the end of section 127(b) of the bill, in- (6) in item 19 strike ‘‘15.000’’ and insert (18) in item 142 strike ‘‘to Bowstring sert the following: ‘‘8.150’’; River’’ and insert ‘‘and Highway 1’’; (2) DIVISION OR SEGMENTATION OF (7) in item 32— (19) in item 143 strike ‘‘0.500’’ and insert PROJECTS.—Section 145 is amended— (A) strike ‘‘to establish’’ and insert a ‘‘4.500’’; (A) by inserting ‘‘(a) PROTECTION OF STATE comma; (20) in item 148 strike ‘‘I–69’’ and insert ‘‘I– SOVEREIGNTY.—’’ before ‘‘The authoriza- (B) strike ‘‘and center’’; and 96’’; tion’’; and (C) insert ‘‘Bayonne,’’ before ‘‘Elizabeth’’; (21) in item 162 strike ‘‘Bro’’ and insert (B) by adding at the end the following: (8) in item 43— ‘‘Brownsville’’; ‘‘(b) DIVISION OR SEGMENTATION OF (A) strike ‘‘Missouri’’ and insert ‘‘West (22) in item 194 strike ‘‘Construct’’ and all PROJECTS.— Virginia’’; ‘‘(1) IN GENERAL.—A State carrying out a (B) strike ‘‘Construct’’ and all that follows that follows through ‘‘replacement)’’ and in- project with funds made available by section through ‘‘St. Louis’’ and insert ‘‘Construct I– sert ‘‘Replacement and renovation of Carlton 104(j) of this title or section 1103, 1104, 1105, 73/74 Corridor, including an interchange with Bridge, Bath/Woolwich’’; 1106, 1107, or 1108 of the Intermodal Surface US–460, Mercer County’’; and (23) in item 196 strike ‘‘Tutilla Island’’ and Transportation Efficiency Act of 1991 or sec- (C) strike ‘‘1.200’’ and insert ‘‘15.000’’; insert ‘‘Tutuila/Manua Islands’’; tion 149(b) or 149(c) of the Surface Transpor- (9) in item 74 strike ‘‘1.520’’ and insert (24) in item 208— tation and Uniform Relocation Assistance ‘‘1.920’’; (A) strike ‘‘on’’ and insert ‘‘an’’; and Act of 1987 may divide or segment the (10) in item 80 strike ‘‘Bibb’’ and insert (B) strike ‘‘1.600’’ and insert ‘‘1.200’’; project if such division or segmentation ‘‘Perry’’; (25) in item 216 strike ‘‘8.000’’ and insert meets the standards established by the Sec- (11) in item 90 strike ‘‘5.290’’ and insert ‘‘14.000’’; retary for division or segmentation (as the ‘‘3.385’’; (26) in item 227 strike ‘‘14.000’’ and insert case may be) of projects under the National (12) in item 95— ‘‘19.000’’; Environmental Policy Act of 1969. (A) strike ‘‘work’’ and insert ‘‘construc- (27) in item 237 insert ‘‘on Telegraph Road’’ ‘‘(2) AUTHORITY OF STATES TO CONSTRUCT tion’’; and after ‘‘boulevard’’; WITHOUT FEDERAL ASSISTANCE.—Any portion (B) strike ‘‘I–65’’ and insert ‘‘city of Hunts- (28) strike item 244 and insert the follow- of any project divided or segmented under ville’’; this section may be constructed without (13) in item 104 strike ‘‘5.000’’ and insert ing: Federal assistance.’’. ‘‘19.200’’;

244. Indiana ..... Upgrade 93rd Avenue in Merrillville ...... 5.900

(31) in item 258 strike ‘‘0.170’’ and insert (33) strike item 286 and insert the follow- (29) in item 248 strike ‘‘3.000’’ and insert ‘‘0.400’’; ing: ‘‘4.000’’; (32) in item 262 insert ‘‘, San Ysidro’’ after (30) in item 254 strike ‘‘Angelese’’ and in- ‘‘Yard’’; sert ‘‘Angeles’’;

286. Indiana ..... Construct Marina Access Road in East Chicago ...... 1.000

(42) in item 447 strike ‘‘Destrehan Ave. and (55) in item 615 strike ‘‘Construct’’ and all (34) in item 300 strike ‘‘7.000’’ and insert Lapalco Blvd.’’ and insert ‘‘Barataria Blvd. that follows through ‘‘Los Angeles’’ and in- ‘‘8.000’’; and US Hwy. 90’’; sert ‘‘Upgrade CA Rt. 2 Southern Freeway (35) in item 303 strike ‘‘13.000’’ and insert (43) in item 474 strike ‘‘9.500’’ and insert terminus and transportation efficiency im- ‘‘12.000’’; ‘‘7.500’’; provements to Glendale Blvd. in Los Ange- (36) in item 342— (44) in item 478 insert ‘‘in Murfreesboro’’ les’’; (A) strike ‘‘Construct’’ and insert ‘‘Recon- after ‘‘River’’; (56) in item 619— struct’’; (45) in item 482 strike ‘‘Kawahihee’’ and in- (A) strike ‘‘George’’ and insert ‘‘Georgia’’; (B) strike ‘‘to’’ and insert ‘‘at’’; and sert ‘‘Kawaihae’’; and (C) strike ‘‘8.000’’ and insert ‘‘15.000’’; (46) in item 484 strike ‘‘Upgrade’’ and in- (B) strike ‘‘4.000’’ and insert ‘‘5.000’’; (37) in item 381 strike ‘‘Construct’’ and all sert ‘‘Operational improvements on’’; (57) in item 625— that follows through ‘‘Westfield’’ and insert (47) in item 497 strike ‘‘40’’ and insert ‘‘45’’; (A) strike ‘‘Ohio’’ and insert ‘‘West Vir- ‘‘Design, engineer, and right-of-way acquisi- (48) in item 535 strike ‘‘2.000’’ and insert ginia’’; tion of the Great River Bridge, Westfield’’; ‘‘4.500’’; (B) ‘‘Construct’’ and all that follows (38) in item 391 strike ‘‘Kapkowsk’’ and in- (49) in item 544 strike ‘‘3.500’’ and insert through ‘‘Lorain’’ and insert ‘‘Construct I–73/ sert ‘‘Kapowski’’; ‘‘1.900’’; 74 Corridor including connectors with WV (39) in item 394 strike ‘‘10.310’’ and insert (50) in item 558 strike ‘‘4.000’’ and insert Rt. 44 and Co. Rt. 13 (Gilbert Creek), Mingo ‘‘2.000’’; ‘‘5.000’’; County’’; and (40) in item 415 after ‘‘College’’ insert ‘‘, in- (51) in item 564 strike ‘‘0.250’’ and insert (C) strike ‘‘2.400’’ and insert ‘‘10.000’’; cluding a new interchange on S.R. 0029’’; ‘‘0.500’’; (58) in item 636 strike ‘‘2.000’’ and insert (41) in item 444— (52) in item 596 strike ‘‘1.000’’ and insert ‘‘2.197’’; ‘‘0.500’’; (A) after ‘‘Project’’ insert ‘‘in Passaic (59) strike item 662 and insert the follow- (53) in item 610 strike ‘‘Upgrade’’ and all County’’; and ing: (B) after ‘‘for the Route’’ the last place it that follows through ‘‘Hill’’ and insert ‘‘Al- appears insert ‘‘46/Union Blvd. Interchange ternative transportation systems’’; reconstruction project’’; (54) in item 613 strike ‘‘Upgrade’’ and in- sert ‘‘Operational improvements on’’; April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1991 662. Louisiana Construct the Zachary Taylor Parkway project ...... 1.000

(61) in item 735 strike ‘‘the airport’’ and in- (62) strike item 738 and insert the follow- (60) in item 717 strike ‘‘0.750’’ and insert sert ‘‘Commerce Blvd.’’; ing: ‘‘1.000’’;

738. North Upgrade US–158 in Warren and Halifax Counties ...... 3.000 Carolina.

(70) in item 872 strike ‘‘5.000’’ and insert (76) in item 971 strike ‘‘12.000’’ and insert (63) in item 759 strike ‘‘Williamsport’’ and ‘‘5.250’’; ‘‘7.000’’. insert ‘‘Lycoming County’’; (71) in item 887 strike ‘‘Hourma’’ and insert (77) in item 993 strike ‘‘1.500’’ and insert (64) in item 831 strike ‘‘23.500’’ and insert ‘‘Houma’’; ‘‘23.500’’; ‘‘1.500’’; (72) in item 913 strike ‘‘Engineering’’ and (78) in item 1033 strike ‘‘12.000’’ and insert (65) in item 846 strike ‘‘14.750’’ and insert all that follows through ‘‘construction of’’ ‘‘11.000’’; ‘‘12.000’’; and insert ‘‘Engineer, acquire right-of-way, (79) in item 1044 after ‘‘Kentucky’’ the first (66) in item 847 insert ‘‘Construct’’ before ‘‘Ontario’’; and construct’’; place it appears, insert ‘‘and Indiana’’; (67) in item 857 strike ‘‘10.000’’ and insert (73) in item 926 strike ‘‘Construct’’ and in- (80) strike item 1049 and insert the follow- ‘‘15.000’’; sert ‘‘Acquire right-of-way and construct’’; ing: (68) in item 884 strike ‘‘I–15’’ and insert ‘‘I– (74) in item 939 insert after ‘‘FM521’’ insert 10’’; ‘‘and dedicate $630,000 to the acquisition of (69) in item 859 strike ‘‘4.300’’ and insert right-of-way in Brazoria County’’; ‘‘2.000’’; (75) in item 961 strike ‘‘County’’;

1049. New York .. Construct CR–3 at Southern State Parkway overpass between Long Island Expressway and Colonial Springs ...... 1.400

(84) in item 1150— ‘‘by extending 36th Street, improving 48th (81) in item 1079 strike ‘‘10.200’’ and insert (A) strike ‘‘to Adirondack’’; and Street, and constructing the I–96/ ‘‘12.500’’; (B) strike ‘‘14.000’’ and insert ‘‘14.200’’; Whitneyville Interchange’’; (82) in item 1103 strike ‘‘Evergreen Coun- (85) in item 1197 strike ‘‘Conduct’’ and all (87) in item 1213 strike ‘‘4.800’’ and insert ty’’ and insert ‘‘the city of Evergreen in Jef- that follows through ‘‘of’’ and insert ‘‘Con- ‘‘5.410’’; ferson County’’; struct’’; (88) strike item 1238 and insert the follow- (83) in item 1125 strike ‘‘I–80’’ and insert (86) in item 1206 insert after ‘‘Michigan’’ ing: ‘‘I–180’’; the second place it appears the following:

1238. Alabama ... Construct Eastern Black Warrior River Bridge and acquire right-of-way and construct an extension of the Black Warrior Parkway from US–82 to US–43 in Tuscaloosa County ...... 23.000

(90) in item 1353 strike ‘‘in Hancock’’ and (91) strike item 1362 and insert the follow- (89) in item 1291 strike ‘‘15.000’’ and insert insert ‘‘from SR–235 in Hancock County to ing: ‘‘16.000’’; the Ontario Bypass in Richland County’’;

1362. Pennsyl- Conduct preliminary engineering on the relocation of exits 4 and 5 on I–83 in vania. York County ...... 2.000

(94) in item 1379 strike ‘‘US–127’’ and insert (98) in item 1443 strike ‘‘Construct’’ and all (92) in item 1368 strike ‘‘6.000’’ and insert ‘‘US–231’’; that follows through ‘‘Road’’ and insert the ‘‘5.000’’; (95) in item 1387 strike ‘‘San Bernardino’’ following: ‘‘Conduct preliminary engineer- (93) in item 1373 strike ‘‘Reconstruct’’ and and insert ‘‘Victorville/Apple Valley’’; ing, acquire right-of-way, and construct I–75/ all that follows through ‘‘Yakima’’ and in- (96) in item 1412 insert a slash after ‘‘Of- North Down River Road interchange’’; sert the following: ‘‘Reconstruct I–82/SR–24 fice’’; (99) in item 1444 strike ‘‘CR–96’’ and insert intersection and add lanes on SR–24 to Keys (97) in item 1423 strike ‘‘4.825’’ and insert ‘‘CR–82’’; and Road’’; ‘‘4.740’’; (100) after item 1467 insert the following:

1468. Kansas ...... Construct Phase II improvements to US–59 from US–56 to Ottawa ...... 10.000 1469. Pennsyl- Rehabilitate Kenmawr Bridge, Swissvale ...... 0.450 vania. 1470. Pennsyl- Construct Steel Heritage Trail between Glenwood Bridge to Clairton via vania. McKeesport ...... 0.482 1471. Illinois ...... Construct Technology Ave. between US Rt. 45 East to Willenborg St., Effingham ...... 2.735 1472. Pennsyl- Conduct preliminary engineering and design for US–219 bypass of Bradford .. 1.000 vania. 1473. Texas ...... Construct relief route around Alice ...... 0.250 1474. Ohio ...... Upgrade State Rt. 18 between I–71 and I–77 ...... 2.400 1475. Illinois ...... Upgrade St. Marie Township Rd., Jasper County ...... 0.036 H1992 CONGRESSIONAL RECORD — HOUSE April 1, 1998 1476. Illinois ...... Upgrade US 40 in Martinsville ...... 0.094 1477. Michigan .. Repair 48th Ave., Menominee ...... 0.270 1478. Illinois ...... Undertake improvements to Campus Transportation System, Chicago ...... 2.000 1479. Maine ...... Construct I–95/Stillwater Avenue interchange ...... 2.000 1480. Maine ...... Improve Route 26 ...... 1.500 1481. Maine ...... Improve Route 23 ...... 0.500 1482. Massachu- Construct Minuteman Commuter Bikeway—Charles River Bikeway connec- setts. tor, Cambridge and Watertown ...... 0.750 1483. Massachu- Construct Cambridge Roadways Improvement project, Cambridge ...... 3.000 setts. 1484. Massachu- Upgrade Sacramento Street underpass, Somerville ...... 0.250 setts. 1485. Massachu- Reconstruct roadways, Somerville ...... 3.000 setts. 1486. Michigan .. Construct improvements to 23 Mile Rd. between Mound Rd. and M–53, Macomb ...... 3.000 1487. Minnesota Conduct study of potential for diversion of traffic from the I–35 corridor to commuter rail, Chisago County north of Forest Lake along I–35 corridor to Rush City ...... 0.500 1488. Minnesota Construct Elk River bypass from 171st Ave. at Highway 10 to intersection of County Roads 12 and 13 at Highway 169 ...... 3.200 1489. Minnesota Construct grade separated interchange at south junction of TH 371/Brainerd bypass ...... 1.000 1490. New York .. Construct Fordham University regional transportation facility ...... 3.000 1491. New York .. Construct bike paths in the Riverdale section of the Bronx ...... 0.500 1492. New York .. Construct Phase II of the City of Mount Vernon’s New Haven Railroad Rede- velopment ...... 2.000 1493. New York .. Construct Bike Paths along the Bronx River in Bronx Park ...... 0.500 1494. New York .. Rehabilitate transportation facilities in CO–OP City ...... 1.000 1495. New York .. Construct sound barriers on both sides of Grand Central Parkway between 172nd St. to Chevy Chase Rd ...... 1.940 1496. New York .. Construct sound barriers on east side of Clearview Expressway between 15th Rd. and Willets Point Blvd...... 0.400 1497. New York .. Construct sound barriers on Grand Central Parkway between 244th St. and Douglaston Parkway ...... 0.500 1498. New York .. Rehabilitate roads, Village of Great Neck ...... 0.160 1499. Tennessee Construct pedestrian and bicycle pathway to connect with the Mississippi River Trail, and restore adjacent historic cobblestones on riverfront, Memphis ...... 3.000 1500. Texas ...... Expand Winters Freeway (US83/84) in Abilene between Southwest Drive and US 277 ...... 11.200 April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1993 1501. New York .. Reconstruct Springfield Blvd. between the Long Island Rail main line south to Rockaway Blvd., Queens County ...... 4.000 1502. Pennsyl- Construct Frazier Township interchange on SR–28 in Allegheny ...... 3.000 vania. 1503. Minnesota Reconstruct St. Louis CSAH 9 (Wallace Avenue) in Duluth ...... 0.600 1504. California Reimburse costs associated with the relocation and protection work per- formed relating to pipelines, cables, and other facilities impacted by the construction of the Mid-Trench section of the Alameda Corrido project ..... 5.350 1505. Ohio ...... Construct grade separation at Dille Road in Euclid ...... 5.000 1506. Nevada ...... Widen I–15 from the California State line to Las Vegas ...... 2.500 1507. Nevada ...... Improve at-grade railroad crossings in Reno ...... 2.500

At the end of section 133 of the bill, add the Strike the closing quotation marks and (d) LIMITATION ON ELIGIBILITY.—Any sub- following: the final period at the end of the matter pro- stitute project approved pursuant to sub- (h) SURVEY OF STATE PRACTICES ON SPE- posed to be inserted as paragraph (39) of sec- section (a) (for which the Secretary finds CIFIC SERVICE SIGNING.— tion 1105(c) of the Intermodal Surface Trans- that sufficient Federal funds are available) (1) STUDY.—The Secretary shall conduct a portation Efficiency Act of 1991 by section must be under contract for construction, or study to determine the practices in the 136(a)(1)(F) of the bill and insert the follow- construction must have commenced, before States for specific service food signs de- ing: scribed in sections 2G–5.7 and 2G–5.8 of the ‘‘(40) United States Route 277/United the last day of the 4-year period beginning Manual on Uniform Traffic Control Devices States Route 83 Corridor between I–44 in on the date of the enactment of this section. for Streets and Highways. The study shall, at Wichita Falls, Texas, and I–20 in Abilene, If the substitute project is not under con- a minimum, examine— Texas.’’. tract for construction, or construction has (A) the practices of States for determining In section 140 of the bill— not commenced, by such last day, the Sec- businesses eligible for inclusion on such (1) insert ‘‘(a) CONTRACTING PROCEDURES.— retary shall withdraw approval of the sub- signs; ’’ before ‘‘Section 112(b)(2)’’; and stitute project. (B) whether States allow businesses to be (2) insert at the end the following: removed from such signs and the cir- (b) SELECTION PROCESS.—Section 112 is fur- SEC. 145. USE OF HOV LANES BY ELECTRIC VEHI- cumstances for such removal; ther amended by adding at the end the fol- CLES. (C) the practices of States for erecting and lowing: Section 102(a) is amended by adding at the ‘‘(g) SELECTION PROCESS.—A State may maintaining such signs, including the time end the following: ‘‘Notwithstanding the pre- procure, under a single contract, the services required for erecting such signs; ceding sentence, before September 30, 2003, a (D) whether States contract out the erec- of a consultant to prepare any environ- State may permit an electric vehicle with tion and maintenance of such signs; and mental impact assessments or analyses re- (E) a survey of States’ practices on the quired, including environmental impact fewer than 2 occupants to operate in high oc- issues identified in subparagraphs (A) statements, as well as subsequent engineer- cupancy vehicle lanes if the vehicle is cer- through (D). ing and design work on the same project if tified and labeled as an Inherently Low (2) REPORT.—Before the last day of the 1- the State has conducted a review that as- Emission Vehicle pursuant to section 88.313– year period beginning on the date of the en- sesses the objectivity of any analysis, envi- 93 of title 40, Code of Federal Regulations, actment of this Act, the Secretary shall ronmental assessment, or environmental im- provided that such permission may be re- transmit to Congress a report on the results pact statement prior to its submission to the voked by the State should the State deter- of the study, including such recommenda- Secretary.’’. mine it necessary.’’. tions and modifications to the Manual as the After section 143 of the bill, insert the fol- Secretary determines appropriate as a result lowing: Conform the table of contents of the bill of the study. Such modifications may be SEC. 144. SUBSTITUTE PROJECT. accordingly. made as part of any revision to the Manual. (a) APPROVAL OF PROJECT.—Notwithstand- At the end of section 202 of the bill, add the In section 136(a)(1) of the bill, redesignate ing any other provision of law, upon the re- following: subparagraphs (B), (C), (D), (E), and (F) as quest of the Mayor of the District of Colum- subparagraphs (C), (D), (E), (F), and (G), re- bia, the Secretary may approve substitute (f) HIGHWAY SAFETY EDUCATION AND INFOR- spectively, and strike subparagraph (A) and highway and transit projects under section MATION.— insert the following: 103(e)(4) of title 23, United States Code, as in (1) IN GENERAL.—For fiscal years 1999 and (A) by striking paragraph (5)(B)(iii)(I)(ff) effect on the day before the date of the en- 2000, the Secretary shall allow any State to and inserting the following: actment of this Act, in lieu of construction use funds apportioned to it under section 402 ‘‘(ff) South Carolina State line to the Myr- of the Barney Circle Freeway project in the of title 23, United States Code to purchase tle Beach Conway region to Georgetown, District of Columbia, as identified in the 1991 television and radio time for the placement South Carolina, including a connection to Interstate Cost Estimate. of highway safety public service messages. Andrews following the route 41 corridor and (b) ELIGIBILITY FOR FEDERAL ASSISTANCE.— (2) STUDY.—The Secretary shall conduct a to Manning following the U.S. Route 521 cor- Upon approval of any substitute project or study of the effectiveness of the public serv- ridor; and’’; projects under subsection (a)— ice messages and transmit a report on the re- (B) by striking paragraph (5)(B)(iii)(II)(hh) (1) the cost of construction of the Barney sults of the study together with the trans- and inserting the following: Circle Freeway Modification project shall mittal under section 508 of this Act. ‘‘(hh) South Carolina State line to the not be eligible for funds authorized under At the end of section 207, add the follow- Myrtle Beach Conway region to Georgetown, section 108(b) of the Federal-Aid Highway ing: South Carolina.’’. Act of 1956; and In the matter proposed to be inserted as (2) substitute projects approved pursuant (c) EVALUATION AND ASSESSMENT OF ALTER- paragraph (34) of section 1105(c) of the Inter- to this section shall be funded from inter- NATIVES.— modal Surface Transportation Efficiency Act state construction funds apportioned or allo- (1) EVALUATION.—The Secretary shall of 1991 by section 136(a)(1)(F) of the bill— cated to the District of Columbia that are evaluate the implementation of chapter 303 (1) insert after ‘‘Alameda Corridor East’’ not expended and not subject to lapse on the of title 49, United States Code, and the pro- the following: ‘‘and Southwest Passage, Cali- date of the enactment of this Act. grams under sections 31106 and 31309 of such fornia. The Alameda Corridor East is’’; and (c) FEDERAL SHARE.—The Federal share title and identify alternatives to improve (2) insert after ‘‘Bernardino.’’ the follow- payable on account of a project or activity the ability of the States to exchange infor- ing: ‘‘The Southwest Passage shall follow I– approved under this section shall be 85 per- mation about unsafe drivers and to identify 10 from San Bernardino to the Arizona State cent of the cost thereof; except that the ex- drivers with multiple licenses. line and I–8 from San Diego to the Arizona ception set forth in section 120(b)(2) of title (2) TECHNOLOGY ASSESSMENT.—The Sec- State line.’’. 23, United States Code, shall apply. retary, in conjunction with the American H1994 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Association of Motor Vehicle Administra- (2) strike paragraph (58), relating to Okla- (1) strike paragraph (35), relating to tors, shall conduct an assessment of avail- homa City—MAPS Link; Miami—Palmetto Metrorail, and paragraph able electronic technologies to improve ac- (3) in paragraph (90)— (57), relating to Pittsburgh—Stage II Light cess to and exchange of motor vehicle driv- (A) strike ‘‘Commuter Rail’’; Rail Reconstruction; ing records. The assessment may consider al- (B) after ‘‘Northstar’’ insert ‘‘Corridor’’; (2) redesignate succeeding paragraphs ac- ternative unique motor vehicle driver identi- and cordingly; and fiers that would facilitate accurate matching (C) strike the parenthetical phrase and in- (3) add at the end the following: of drivers and their records. sert the following: ‘‘(Downtown, Minneapo- (70) California—North Bay Commuter Rail. (3) REPORT TO CONGRESS.—Not later than 2 lis-Anoka County-St. Cloud)’’; In the table contained in section 333 of the years after the date of the enactment of this (4) redesignate succeeding paragraphs ac- bill— Act, the Secretary shall transmit to Con- cordingly; and (1) in item 7 strike ‘‘0.000’’ and insert gress a report on the results of the evalua- (5) add at the end the following: ‘‘0.200’’; tion and technology assessment, together (96) Pittsburgh North Shore-Central Busi- (2) in item 41 strike ‘‘0.000’’ and insert with any recommendations for appropriate ness District Corridor. ‘‘0.500’’; administrative and legislative actions. (97) Pittsburgh—Stage II Light Rail. (3) in item 62 strike ‘‘0.000’’ and insert In section 306(g) of the bill, strike ‘‘amend- (98) Boston—North-South Rail Link. ed—’’ and all that follows through ‘‘(2) by’’ ‘‘0.300’’; (99) Spokane—South Valley Corridor Light and insert ‘‘amended by’’. (4) in item 65 strike ‘‘1.625’’ each place it Rail. In section 332(a) of the bill— appears and insert ‘‘1.250’’; (100) Miami—Palmetto Metrorail. (1) in paragraph (43) after ‘‘East-West’’ in- (5) strike item 66 and insert the following: sert ‘‘Intermodal’’; In section 332(b) of the bill—

66. New York, NY West 72nd St. Intermodal Station ...... 1.750 (8) strike the line relating to item 86 (Nor- (11) strike the line relating to item 126 (6) in item 73— walk); (Tucson); (A) strike ‘‘1.750’’ the first place it appears (9) in item 103— (12) in item 142 strike ‘‘buses’’ and insert and insert ‘‘2.250’’; and (A) strike ‘‘1.000’’ and insert ‘‘1.250’’; and ‘‘Bus Facility’’; (B) strike ‘‘1.750’’ the second place it ap- (B) strike ‘‘0.000’’ and insert ‘‘1.250’’; (13) after item 149 insert the following: pears and insert ‘‘2.750’’; (10) in item 121 strike ‘‘Stapleton, CO’’ and (7) strike the line relating to item 77 (Mo- insert ‘‘Denver, CO Stapleton’’; bile);

150. Allegheny County, PA buses ...... 0.000 1.500 sponsibilities under this subsection, the Of- frastructure and the Committee on Science Redesignate the items in the table con- fice of the Inspector General shall perform of the House of Representatives and the tained in section 333 of the bill accordingly. such overview and validation or verification Committee on Environment and Public In title III of the bill, insert after section of data as may be necessary to ensure that Works and the Committee on Commerce, 339 the following: the study to be conducted under subsection Science, and Transportation of the Senate, SEC. 340. CLEAN FUEL VEHICLES. (a) meets the requirements of subsection (a). not later than 15 days before any major reor- (a) STUDY.—The Comptroller General shall (c) DEADLINE.—The study to be conducted ganization of any program, project, or activ- conduct a study of the various low and zero under subsection (a) shall be completed not ity of the Department of Transportation for emission fuel technologies for transit vehi- later than 2 years after the date of the enact- which funds are authorized by this title or cles, including compressed natural gas, ment of this Act. A report containing the re- the amendments made by this title. liquified natural gas, biodiesel fuel, battery, sults of the study shall be submitted to the SEC. 605. SENSE OF CONGRESS ON THE YEAR 2000 alcohol based fuel, hybrid electric, fuel cell, Secretary and Congress. PROBLEM. and clean diesel to determine the status of (d) FUNDING.—Of amounts made available With the year 2000 fast approaching, it is the development and use of such tech- under section 127(a)(3)(H), $100,000 for fiscal the sense of Congress that the Department of nologies, the environmental benefits of such year 1998, $200,000 for fiscal year 1999, and Transportation should— technologies under the Clean Air Act, and $200,000 for fiscal year 2000 shall be available (1) give high priority to correcting all 2- the cost of such technologies and any associ- to carry out this subsection. digit date-related problems in its computer ated equipment. Conform the table of contents of the bill systems to ensure that those systems con- (b) REPORT.—Not later than January 1, accordingly. tinue to operate effectively in the year 2000 2000, the Comptroller General shall transmit In section 508 of the bill— and beyond; to the Committee on Transportation and In- (1) redesignate paragraphs (4), (5), and (6) (2) assess immediately the extent of the frastructure of the House of Representatives as paragraphs (6), (7), and (8), respectively; risk to the operations of the Department of and the Committee on Banking, Housing and and Transportation posed by the problems re- Urban Affairs of the Senate a report on the (2) insert after paragraph (3) the following: ferred to in paragraph (1), and plan and budg- results of the study, together with rec- (4) determine whether to approve a revised et for achieving Year 2000 compliance for all ommendations for incentives to encourage formula for the distribution of funds under of its mission-critical systems; and the use of low and zero emission fuel tech- section 104(b)(2) of title 23, United States (3) develop contingency plans for those sys- nology for transit vehicles. Code, for the congestion mitigation and air tems that the Department of Transportation Conform the table of contents of the bill quality improvement program due to the is unable to correct in time. accordingly. designation of new nonattainment areas by In section 611(c) of the bill, in the matter In title IV of the bill, insert after section the Environmental Protection Agency; proposed to be inserted as section 307(b)(4)(A) 422 the following: After section 603 of the bill, insert the fol- of title 23, United States Code, insert ‘‘, con- sistent with the plan developed under section SEC. 423. ELECTRONIC DATA STUDY. lowing: 5506 of title 49,’’ after ‘‘advanced research (a) IN GENERAL.—The Secretary shall con- SEC. 604. NOTICE. program’’. tract with an entity that is independent of (a) NOTICE OF REPROGRAMMING.—If any In section 611(c) of the bill, in the matter the Department of Transportation to con- funds authorized for carrying out this title proposed to be inserted as section duct a study to identify, examine, and evalu- or the amendments made by this title are 307(b)(4)(B)(ii) of title 23, United States Code, ate current and future issues and policies re- subject to a reprogramming action that re- strike ‘‘assessment of failure risks’’ and in- lated to government access to data produced quires notice to be provided to the Appro- sert ‘‘the assessment of risks of failure, in- by electronic systems for motor carrier regu- priations Committees of the House of Rep- cluding from seismic activity, vibration, and latory enforcement. The entity shall have resentatives and the Senate, notice of such weather’’. demonstrated knowledge about the motor action shall concurrently be provided to the In section 611(c) of the bill, in the matter carrier industry, motor carrier safety regula- Committee on Transportation and Infra- proposed to be inserted as section tions, and the electronic information indus- structure and the Committee on Science of 307(b)(4)(B)(v) of title 23, United States Code, try. the House of Representatives and the Com- strike ‘‘Particulate’’ and insert ‘‘Environ- (b) INSPECTOR GENERAL.—The Office of the mittee on Environment and Public Works mental research, including particulate’’. Inspector General of the Department of and the Committee on Commerce, Science, In section 611(c) of the bill, in the matter Transportation shall approve the statement and Transportation of the Senate. proposed to be inserted as section of work of the entity referred to in sub- (b) NOTICE OF REORGANIZATION.—The Sec- 307(b)(4)(B)(vii) of title 23, United States section (a) and approve the contract award retary of Transportation shall provide notice Code, strike ‘‘Prediction’’ and insert under subsection (a). In carrying out its re- to the Committee on Transportation and In- ‘‘Human factors, including prediction’’. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1995 Strike paragraphs (1) and (2) of section In section 611(h) of the bill, in the matter ‘‘(1) provide for the integrated planning, 611(d) of the bill and insert the following: proposed to be added at the end of section 307 coordination, and consultation among the (1) by amending subparagraph (A) to read of title 23, United States Code, redesignate operating administrations, all other Federal as follows: subsection (f) as subsection (g). agencies with responsibility for surface ‘‘(A) Methods, materials, and testing to At the end of section 611 of the bill, add the transportation research and technology de- improve the durability of surface transpor- following new subsection: velopment, State and local governments, in- tation infrastructure facilities and extend (j) TECHNOLOGICAL INNOVATION.—Section stitutions of higher education, industry, and the life of bridge structures, including new 307 is amended by adding at the end the fol- other private and public sector organizations and innovative technologies to reduce corro- lowing new subsection: engaged in surface transportation-related re- sion and tests simulating seismic activity, ‘‘(h) TECHNOLOGICAL INNOVATION.—The pro- search and development activities; vibration, and weather.’’; grams and activities carried out under this ‘‘(2) ensure that the Department’s surface (2) by striking subparagraph (C); section shall be consistent with the plan de- transportation research and technology de- (3) by redesignating subparagraph (D) as veloped under section 5506 of title 49.’’. velopment programs do not duplicate other subparagraph (C); and In section 612 of the bill, at the end of the Federal, State, or private sector research (4) by adding after subparagraph (C), as so matter proposed to be inserted as section 313 and development programs; and redesignated, the following new subpara- of title 23, United States Code, strike the ‘‘(3) provide for independent validation of graphs: closing quotation marks and the final period the scientific and technical assumptions un- ‘‘(D) Research on the use of recycled mate- and insert the following: derlying the Department’s surface transpor- rials, such as paper and plastic fiber rein- ‘‘(e) ANNUAL REPORT.—Each State shall re- tation research and technology development forcement systems. port annually to the Secretary on the level plans. ‘‘(E) New innovative technologies to en- of its funding for research and development ‘‘(c) SURFACE TRANSPORTATION RESEARCH hance and facilitate field construction and activities described in subsection (a)(5). A AND TECHNOLOGY DEVELOPMENT STRATEGIC rehabilitation techniques for minimizing dis- State may provide such information as part PLAN.— ruption during repair and maintenance of of another report that the State provides to ‘‘(1) DEVELOPMENT.—The Secretary shall structures. the Secretary.’’. develop an integrated surface transportation ‘‘(F) Expansion of knowledge of imple- In section 623(b) of the bill, redesignate research and technology development strate- menting life cycle cost assessment, including paragraphs (1), (2), and (3) as paragraphs (2), gic plan. establishing the appropriate analysis period (3), and (4), respectively. ‘‘(2) CONTENTS.—The plan shall include— and discount rates, learning how to value In section 623(b) of the bill, insert before ‘‘(A) an identification of the general goals and properly consider user costs, determin- paragraph (2), as so redesignated, the follow- and objectives of the Department of Trans- ing tradeoffs between reconstruction and re- ing new paragraph: portation for surface transportation research habilitation, and establishing methodologies (1) in subsection (a), by inserting ‘‘, includ- and development; for balancing higher initial costs of new ing information obtained pursuant to section ‘‘(B) a description of the roles of the De- technologies and improved or advanced ma- 307(b)(5)(F) and (G)’’ after ‘‘modern highway partment of Transportation and other Fed- terials against lower maintenance costs. technology’’; eral agencies in achieving the goals identi- In section 623(b)(3) of the bill, as so redesig- ‘‘(G) Standardized estimates of useful life fied under subparagraph (A), in order to nated, insert ‘‘, and in paragraph (1) of that under various conditions for advanced mate- avoid unnecessary duplication of effort; subsection, by inserting ‘concrete,’ after rials of use in surface transportation. Such ‘‘(C) a description of the Department’s ‘pavement,’ ’’ after ‘‘as subsection (c)’’. estimates shall be developed in conjunction overall strategy, and the role of each of the In section 624 of the bill, in the matter pro- with the National Institute of Standards and operating administrations in carrying out posed to be inserted as section 5505(c)(2) of Technology and other appropriate organiza- the plan over the next 5 years including a de- title 49, United States Code, insert ‘‘, except tions.’’. scription of procedures for coordination of In section 611(e) of the bill, strike para- as provided in subsection (i),’’ after ‘‘com- its efforts with the operating administra- graphs (1) and (2) and insert the following: petitive process’’. tions and with other Federal agencies; In section 624 of the bill, in the matter pro- (1) by striking subsections (c), (d), and (e) ‘‘(D) an assessment of how State and local posed to be inserted as section 5505(g)(2) of and inserting the following: research and technology development activi- title 49, United States Code, insert ‘‘and con- ‘‘(c) STUDY OF FUTURE STRATEGIC HIGHWAY ties are contributing to the achievement of RESEARCH PROGRAM.— sistent with the plan developed under section the goals identified under subparagraph (A); ‘‘(1) STUDY.— 5506’’ after ‘‘least annually’’. ‘‘(E) details of the Department’s surface In section 624 of the bill, at the end of the ‘‘(A) IN GENERAL.—Not later than 120 days transportation research and technology de- after the date of enactment of the Building matter proposed to be inserted as section velopment programs, including performance Efficient Surface Transportation and Equity 5505 of title 49, United States Code, strike goals, resources needed to achieve those Act of 1998, the Secretary shall make a grant the closing quotation marks and the final pe- goals, and performance indicators as de- to, or enter into a cooperative agreement or riod and insert the following: scribed in section 1115(a) of title 31, United contract with, the Transportation Research ‘‘(18) University of Maine. States Code, for the next 5 years for each Board of the National Academy of Sciences ‘‘(19) Tennessee Technological University. area of research and technology develop- (referred to in this subsection as the ‘‘(20) Middle Tennessee State University. ment; ‘‘Board’’) to conduct a study to determine ‘‘(21) The University of Maryland.’’. ‘‘(F) significant comments on the plan and After section 632 of the bill, insert the fol- the goals, purposes, research agenda and its contents obtained from outside sources; lowing (and conform the table of contents of projects, administrative structure, and fiscal and the bill accordingly): needs for a new strategic highway research ‘‘(G) responses to significant comments ob- program to replace the program established SEC. 633. TRANSPORTATION RESEARCH AND tained from the National Research Council TECHNOLOGY DEVELOPMENT. under section 307(d) (as in effect on the day and other advisory bodies, and a description (a) IN GENERAL.—Subchapter I of chapter before the date of enactment of the Building of any corrective actions taken pursuant 55 of title 49, United States Code, is further Efficient Surface Transportation and Equity thereto. amended by adding at the end the following: Act of 1998), or a similar effort. ‘‘(3) NATIONAL RESEARCH COUNCIL REVIEW.— The Secretary shall enter into an agreement ‘‘(B) CONSULTATION.—In conducting the ‘‘§ 5506. Surface transportation research plan- for the review by the National Research study, the Board shall consult with the ning Council of the details of each— American Association of State Highway and ‘‘(a) IN GENERAL.—The Secretary of Trans- ‘‘(A) strategic plan or revision required Transportation Officials and such other enti- portation shall— under section 306 of title 5, United States ties as the Board determines to be necessary ‘‘(1) establish a strategic planning process, Code; to the conduct of the study. consistent with section 306 of title 5, United ‘‘(B) performance plan required under sec- ‘‘(2) REPORT.—Not later than 2 years after States Code, for the Department of Trans- tion 1115 of title 31, United States Code; and making a grant or entering into a coopera- portation to determine national transpor- ‘‘(C) program performance report required tive agreement or contract under subsection tation research and technology development under section 1116 of title 31, United States (a), the Board shall submit a final report on priorities related to surface transportation; Code, the results of the study to the Secretary, the ‘‘(2) coordinate Federal surface transpor- Committee on Transportation and Infra- tation research and technology development with respect to surface transportation re- structure and the Committee on Science of activities; search and technology development. the House of Representatives, and the Com- ‘‘(3) measure the results of those activities ‘‘(4) PERFORMANCE PLANS AND REPORTS.—In mittee on Environment and Public Works of and how they impact the performance of the complying with sections 1115 and 1116 of title the Senate.’’; and national surface transportation system; and 31, United States Code, the Secretary shall (2) by redesignating subsections (f), (g), and ‘‘(4) ensure that planning and reporting ac- include— (h) as subsections (d), (e), and (f). tivities carried out under this subchapter are ‘‘(A) a summary of the results for the pre- In section 611(f) of the bill, strike ‘‘307(c)’’ coordinated with all other surface transpor- vious fiscal year of surface transportation and insert ‘‘307(d)’’. tation planning and reporting requirements. research and technology development pro- In section 611(g) of the bill, strike ‘‘307(e)’’ ‘‘(b) IMPLEMENTATION.—The Secretary grams to which the Department of Transpor- and insert ‘‘307(f)’’. shall— tation contributes, along with— H1996 CONGRESSIONAL RECORD — HOUSE April 1, 1998

‘‘(i) an analysis of the relationship between such activities relating to the research, tech- MODIFICATION TO AMENDMENT NO. 1 OFFERED those results and the goals identified under nology, and technology transfer activities BY MR. SHUSTER paragraph (2)(A); and described in subsection (b) as the Secretary Mr. SHUSTER. Mr. Chairman, I ask ‘‘(ii) a description of the methodology used determines to be appropriate. unanimous consent that my amend- for assessing the results; and ‘‘(e) FUNDING.—Funding for carrying out ment be modified with the modifica- ‘‘(B) a description of significant surface this section shall be derived from funds made tion that I have placed at the desk. transportation research and technology de- available under section 127(a)(3)(F) of the velopment initiatives, if any, undertaken Building Efficient Surface Transportation The CHAIRMAN. The Clerk will re- during the previous fiscal year which were and Equity Act of 1998.’’. port the modification. not in the plan developed under paragraph (b) CONFORMING AMENDMENT.—The table of The Clerk read as follows: (1), and any significant changes in the plan sections for chapter 55 of title 49, United Modification offered by Mr. Shuster from the previous year’s plan. States Code, is amended by inserting after to the Shuster amendment number 1, ‘‘(d) MERIT REVIEW AND PERFORMANCE the item relating to section 5505 the follow- printed in Part II of House Report 105– MEASUREMENT.—The Secretary shall, within ing: 476: one year after the date of the enactment of ‘‘5506. Surface transportation research plan- Modify the manager’s amendment to cor- this section, transmit to the Congress a re- ning. rect the following errors: port describing competitive merit review ‘‘5507. Surface transportation-environment co- (1) on page 15, paragraph (26), strike ‘‘227’’ procedures for research and technology de- operative research program.’’. and insert ‘‘277’’. velopment, and performance measurement (2) on page 25, in item 1504, strike procedures for surface transportation re- In section 652(b)(4) of the bill, insert ‘‘, and ‘‘Corrido’’ and insert ‘‘Corridor’’. search and technology development and including the handicapped’’ after ‘‘and mo- (3) on page 25, insert the following two new demonstrations. torcycles’’. items at the end of the table: ‘‘(e) PROCUREMENT PROCEDURES.—The Sec- In section 652(b)(7) of the bill, strike ‘‘and’’ retary shall— at the end. ‘‘(1) develop model procurement procedures In section 652(b)(8) of the bill, strike the that encourage the use of advanced tech- period and insert ‘‘; and’’. 1508 New Reconstruct Flushing Avenue 5.000 nologies; and At the end of section 652 of the bill, add the York. between Humboldt Street following new paragraph: and Cypress Avenue, and be- ‘‘(2) develop model transactions for carry- tween Porter Street and Cy- ing out and coordinating Federal and State (9) the development of a workforce capable press Avenue. surface transportation research and tech- of developing, operating, and maintaining in- 1509 New Reconstruct Flushing Avenue 3.000 nology development activities. telligent transportation systems. York. between Wycoff Avenue and ‘‘(f) CONSISTENCY WITH GOVERNMENT PER- In section 654 of the bill, amend subsection Gates Street. FORMANCE AND RESULTS ACT OF 1993.—The (b) to read as follows: (4) on page 25, insert the following para- plans and reports developed under this sec- (b) REPORTING.—The plan described in sub- graph after the table: tion shall be consistent with and incor- section (a) shall be transmitted and updated (101) In the table contained in section porated as part of the plans developed under as part of the plan developed under section 127(c) of the bill: section 306 of title 5, United States Code, and 5506 of title 49, United States Code. (A) in item 241, strike ‘‘32.000’’ and insert sections 1115 and 1116 of title 31, United At the end of section 655(c) of the bill, add ‘‘24.000’’. States Code. the following: (B) in item 248, strike ‘‘intermodal center ‘‘§ 5507. Surface transportation-environment Such tests shall be designed for the collec- at Stapleton’’ and insert ‘‘Broadway Via- cooperative research program tion of data to permit objective evaluation duct’’. of the results of the tests and the derivation ‘‘(a) IN GENERAL.—The Secretary of Trans- (C) in item 257, strike ‘‘lande’’ and insert portation shall establish and carry out a sur- of cost-benefit information that is useful to ‘‘lanes’’. face transportation and environment cooper- others contemplating the deployment of (D) in item 708, strike ‘‘3.000’’ and insert ative research program. similar systems. ‘‘6.000’’. ‘‘(b) CONTENTS.—The program to be carried In section 655(d) of the bill, strike ‘‘work (E) in item 398, strike ‘‘Little Blue Ex- out under this section shall include research shall incorporate human factors research pressway’’ and insert ‘‘the Eastern Jackson designed to— findings’’ and insert ‘‘work— Co. Expressway’’. ‘‘(1) develop more accurate models for eval- ‘‘(1) shall incorporate human factors re- (F) in item 398, strike ‘‘3.000’’ and insert uating transportation control measures and search, which may include research in the ‘‘6.000’’. transportation system designs that are ap- science of the driving process, to improve the (G) in item 312, strike ‘‘8.000’’ and insert propriate for use by State and local govern- operational efficiency and safety of intel- ‘‘4.000’’. (H) strike item 205 (relating to the Mis- ments, including metropolitan planning or- ligent transportation systems; souri Connector). ganizations, in designing implementation ‘‘(2) may incorporate research on environ- (I) in item 774, strike ‘‘2.230’’ and insert plans to meet Federal, State, and local envi- mental, weather, and natural conditions that impact intelligent transportation systems, ‘‘4.000’’. ronmental requirements; (J) in item 1081, strike ‘‘4.000’’ and insert ‘‘(2) improve understanding of the factors including the effects of cold climates; and ‘‘(3) may incorporate materials or mag- ‘‘2.000’’. that contribute to the demand for transpor- (K) in item 1221, strike ‘‘7.500’’ and insert tation, including transportation system de- netics research’’. Strike section 658 of the bill and redesig- ‘‘1.770’’. sign, demographic change, land use planning, (L) in item 1337, strike ‘‘1.770’’ and insert and communications and other information nate section 659 as section 658. Conform the table of contents of the bill accordingly. ‘‘2.330’’. technologies; and (M) in item 1384, strike ‘‘2.000’’ and insert After section 802 of the bill, insert the fol- ‘‘(3) develop indicators of economic, social, ‘‘7.500’’. and environmental performance of transpor- lowing: (5) on page 34, in paragraph (5), insert tation systems to facilitate analysis of po- SEC. 803. AMENDMENT OF NATIONAL SEA GRANT ‘‘1.750’’ in the third column (relating to fiscal tential alternatives. COLLEGE PROGRAM ACT. year 2000). ‘‘(c) ADVISORY BOARD.— Section 203 of the National Sea Grant Col- (6) on page 34, insert after paragraph (13) ‘‘(1) ESTABLISHMENT.—In consultation with lege Program Act (33 U.S.C. 1122) is amend- the following: appropriate Federal agencies, the Secretary ed— (14) strike the line relating to item 24 shall establish an advisory board to rec- (1) by striking paragraph (5); (Chatham, GA). ommend environmental and energy con- (2) by redesignating paragraphs (6) through Mr. SHUSTER (during the reading). servation research, technology, and tech- (17) as paragraphs (5) through (16), respec- nology transfer activities related to surface tively; Mr. Chairman, I ask unanimous con- transportation. (3) by redesignating subparagraphs (C) sent that the modification be consid- ‘‘(2) MEMBERSHIP.—The advisory board through (F) of paragraph (7), as so redesig- ered as read and printed in the RECORD. shall include— nated, as subparagraphs (D) through (G), re- The CHAIRMAN. Is there objection ‘‘(A) representatives of State transpor- spectively; and to the modification offered by the gen- tation and environmental agencies; (4) by inserting after subparagraph (B) of tleman from Pennsylvania? ‘‘(B) transportation and environmental sci- paragraph (7), as so redesignated, the follow- There was no objection. entists and engineers; and ing: The CHAIRMAN. Pursuant to House ‘‘(C) representatives of metropolitan plan- ‘‘(C) Lake Champlain (to the extent that Resolution 405, the gentleman from ning organizations, transit operating agen- such resources have hydrological, biological, Pennsylvania (Mr. SHUSTER) and a cies, and environmental organizations. physical, or geological characteristics and ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The problems similar or related to those of the Member opposed each will control 5 Secretary may make grants to, and enter Great Lakes);’’. minutes. into cooperative agreements with, the Na- Conform the table of contents of the bill The Chair recognizes the gentleman tional Academy of Sciences to carry out accordingly. from Pennsylvania (Mr. SHUSTER). April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1997 Mr. SHUSTER. Mr. Chairman, I yield Allows States to permit electric vehicles criteria for non-attainment, it is important that myself such time as I may consume. with fewer than two occupants to operate on our bill clarify that if the new criteria lead to (Mr. SHUSTER asked and was given high occupancy vehicle lanes. designation of additional non-attainment areas, Makes technical and conforming changes. permission to revise and extend his re- those areas would qualify for funding. marks.) TITLE II—HIGHWAY SAFETY Also, the amendment ensures continued Mr. Chairman, this is a manager’s Allows States for two years to use section CMAQ funding for communities that progress amendment, technical in nature. It has 402 funds to purchase television and radio from non-attainment to maintenance status. been cleared both on our side and with time for highway safety public services mes- At the request of our friends on the Science sages and requires a study on the effective- the minority. ness of the messages. Committee, this amendment adds several pro- I rise in support of the committee amend- visions from their surface transportation re- TITLE III—TRANSIT ment to H.R. 2400. search bill, H.R. 860. For example, the provi- The Committee amendment contains issues Amends sec. 306 to restore current law with regard to false claims made under the transit sions clarify the Department of Transpor- worked out in cooperation with other commit- title. tation's responsibility to develop a strategic tees that had jurisdictional claims over H.R. Amends sec. 332 to alter project descrip- planning process for surface transportation re- 2400Ðthe Science Committee, the Resources tions of new start transit projects. search and technology development activities. Committee and the Commerce Committee. Amends sec. 333 to alter project descrip- I want to note that these provisions are de- I am pleased that we were able to include tions and funding levels of bus and bus facil- signed to be consistent with the Government several provisions that were worked out on a ity projects. Performance and Results Act requirements bipartisan basis with those committees. Directs the Comptroller General to study and not a separate effort. the various clean fuel technologies for tran- I particularly want to thank Chairman YOUNG sit vehicles and make recommendations re- Also, the Science Committee provisions es- of the Resources Committee, Chairman BLILEY garding incentives to encourage the use of tablish a cooperative research program to de- of the Commerce Committee and Chairman such technologies. velop better tools for State and local govern- SENSENBRENNER of the Science Committee for TITLE IV—MOTOR CARRIER SAFETY ments to use when evaluating the complex their cooperation in expediting the consider- Adds new section 423 to direct the Sec- economic, social, and environmental impacts ation of BESTEA. retary to contract with an independent en- various transportation alternatives have on The amendment also contains several non- tity to conduct a study on government ac- communities. controversial issues and project description cess to electronic data for motor carrier reg- The amendment includes a number of addi- changes. ulatory enforcement (amended and relocated tional provisions to continue fine tuning All provisions in the committee amendment from Title VI). BESTEA. These include limited changes to have been worked out in a bipartisan manner TITLE V—PROGRAMMATIC REFORMS AND Member highway and transit project requests and are acceptable to the Democratic mem- STREAMLINING and we will continue to address their concerns bers. Provides that a revised formula for dis- about these very important projects. There are several Members who had urged tribution of CMAQ funds shall be considered I again thank Chairman SHUSTER and PETRI, that certain provisions be included that we for mid-course corrections bill. Ranking Member RAHALL, and all the Mem- were unable to work out in the short time TITLE VI—TRANSPORTATION RESEARCH bers of the Committee who worked with us to available. We will continue to work with those The Manager’s Amendment contains sev- improve BESTEA and I urge adoption of the Members to resolve their issues when we go eral provisions developed in cooperation en bloc amendment. to conference with the other body. with the Committee on Science: Mr. SHUSTER. Mr. Chairman, I yield I am including a full summary of the commit- Section 604 requires notice to Congress if back the balance of my time. the Department of Transportation repro- ECORD The CHAIRMAN. The question is on tee amendment for the R . grams research funds or reorganizes pro- I urge my colleagues to adopt the amend- grams authorized by Title 6 of BESTEA. the amendment, as modified, offered by ment. Section 605 contains a sense of Congress re- the gentleman from Pennsylvania (Mr. SUMMARY OF COMMITTEE AMENDMENT TO H.R. garding the year 2000 computer problem. SHUSTER). 2400 Requires a study on future research re- The amendment, as modified, was TITLE I—HIGHWAYS quirements for highway pavement. agreed to. Provides that newly-designated nonattain- Section 633 establishes a planning process, The CHAIRMAN. It is now in order to ment areas are eligible for CMAQ funding consistent with the Government Perform- consider amendment number 2 printed (but not part of the CMAQ formula). ance and Results Act, at the Department of in Part II of House Report 105–476. Transportation to oversee surface transpor- Provides that the Secretary of the Interior AMENDMENT NO. 2 OFFERED BY MR. DAVIS OF tation research. develop a new formula for the distribution of ILLINOIS Indian Reservation Road funds by fiscal year Establishes a surface transportation-envi- ronment cooperative research program. Mr. DAVIS of Illinois. Mr. Chairman, 2000. I offer an amendment. Establishes a pilot program to allow Indian Makes some additional minor technical tribes to directly administer their Indian changes to the research title of BESTEA. The CHAIRMAN. The Clerk will des- Reservation Road funds. TITLE VIII—RECREATIONAL BOATING SAFETY ignate the amendment. Adds transit vehicles signal prioritization PROGRAM The text of the amendment is as fol- projects to Federal share provisions under Amends National Sea Grant College Pro- lows: section 120(c) of title 23. gram Act relating to research funds for Lake Part II, amendment numbered 2 offered by Makes clarifying amendment to section Champlain. Mr. DAVIS of Illinois: 125(d)(1) of the bill regarding provisions re- Mr. Chairman, I yield to my good In section 330(j), strike ‘‘$42,000,000’’ and in- lating to cooperation of local officials in de- sert ‘‘$150,000,000’’. veloping State transportation plan. friend, the gentleman from Minnesota The CHAIRMAN. Pursuant to House Clarifies that States can continue to divide (Mr. OBERSTAR). Resolution 405, the gentleman from Il- (Mr. OBERSTAR asked and was given or segment projects, in accordance with cur- linois (Mr. DAVIS) and a Member op- rent regulations regarding division of seg- permission to revise and extend his re- posed each will control 10 minutes. menting of projects, in carrying out high pri- marks.) The Chair recognizes the gentleman ority projects designated by Congress. Mr. OBERSTAR. Mr. Chairman, first, I want Makes various corrections and additions to from Illinois (Mr. DAVIS). to thank Chairmen SHUSTER and PETRI and high priority projects as designated in sec- b 1645 tion 127(c) of the bill. Ranking Member RAHALL for the cooperative Directs the Secretary to conduct a study manner in which we developed this amend- Mr. DAVIS of Illinois. Mr. Chairman, on practices of States relating to service ment. Through their willingness to address I yield myself 3 minutes. food signs. Member concerns, we were able to agree on Mr. Chairman, I am pleased to offer Amends current, and adds additional, High a significant number of Member requests. We this amendment which seeks to expand Priority Corridors. have developed a good package that further and improve the Access to Jobs Grant Clarifies that States can procure under a strengthens BESTEA. I want to highlight a few program. This amendment would in- single contract environmental and engineer- crease funding for this program by $108 ing and design work if the State reviews the of the provisions. objectivity of the analysis. First, the manager's amendment includes million per year. The Access to Jobs Allows the District of Columbia to con- provisions that will provide CMAQ funding for legislation assists welfare recipients struct a substitute project in lieu of Barney newly-designated non-attainment communities. and low-income individuals to com- Circle Freeway project. Because the EPA is currently reviewing the mute from where they live to where H1998 CONGRESSIONAL RECORD — HOUSE April 1, 1998 jobs are located. This increase in mon- people came to the floor of the House program from the $42 million included eys is designated to address the fact of Representatives in the course of the in the bill to approximately $150 mil- that in too many cases, in both urban last few weeks, as well, saying that the lion per year. and rural areas, welfare recipients and scope of this bill is too large, that an While I agree that providing trans- low-income individuals are isolated increase of over 40 percent in transpor- portation for welfare recipients to get from the jobs they want and need. tation funds over 6 years is a budget to jobs is critical, I question whether Last year Congress enacted legisla- buster. And yet the amendment we increasing the funding for the pilot tion to move people from welfare to have before us indicates that the bill is program contained in this bill is the work. We imposed strict time limits not large enough, and the hope of the best approach to achieving this worthy and other restrictions that will result gentleman in offering this amendment result. in the termination of benefits for an es- is that we add some additional hundred This pilot program promotes new and timated 2 million people by the year plus million dollars to the bill to meet innovative approaches to providing 2002. One of the greatest obstacles a particular need, that despite the fact transportation and makes funding many current welfare recipients face in that we do include a $42 million Access available to nontraditional transit getting work is literally getting to the to Jobs pilot program in the bill, and grant recipients in addition to public jobs. in addition in this bill there is some $20 transit agencies. There is concern Welfare recipients and low-income billion, $20 billion in formula funds for among some in the transit community individuals often live, almost by defini- over 6 years that can be used for the that a new program that is large and tion, in impoverished communities de- needs of people who want to go from proscriptive is not only unnecessary void of job opportunities. Ninety-four welfare to work and to meet their but would take flexibility and control percent of welfare recipients do not transportation needs. away from transit agencies whose very have cars, low wage earners often do Mr. Chairman, it seems to me that mission it is to provide access to jobs. not have cars. They are dependent on we have mass transit and many other There also are significant transpor- public transportation to get to areas transit operations of a particular na- tation resources for access to jobs ac- with jobs. If the public transit is inad- ture already in existence around the tivities under a number of federally funded social services programs al- equate, the jobs become inaccessible. United States, we do not need to pile ready in place. These include the De- People cannot move from welfare to on a lot of money that will ultimately partment of Health and Human Serv- work if the people on welfare cannot be used for administration rather than ices Temporary Assistance for Needy get to work. help real people find real jobs. We are Families, the Department of Labor’s Currently, two-thirds of all new jobs willing to experiment in this bill with Welfare to Work program comprising are being created in the suburbs. Many a pilot program, but I think before we $3 billion over 2 years and the Depart- suburban communities report severe know what we are talking about we ment of Housing and Urban Develop- labor shortages because they cannot should not start throwing additional find enough workers looking for entry- ment’s Bridges to Work program. money at it. Should the pilot program contained level jobs. This amendment helps to Mr. Chairman, I reserve the balance in this bill prove to be successful in ensure that those welfare recipients of my time. conjunction with these many other Mr. DAVIS of Illinois. Mr. Chairman, who want jobs will not be denied be- programs of Federal agencies, we can I yield 2 minutes to the gentlewoman cause they do not have access to trans- then reevaluate whether to increase from Missouri (Mrs. EMERSON). portation to get to and from work. the funding in future transportation Too many welfare recipients and low- Mrs. EMERSON. Mr. Chairman, I legislation. But I believe at the mo- income individuals are isolated from really want to commend the gentleman ment it is premature to raise the fund- from Illinois (Mr. DAVIS) for this potential job opportunities because ex- ing level to the amount proposed in the amendment because I am from a very isting public transportation systems amendment, and I urge a ‘‘no’’ vote. are either inadequate or nonexistent. rural district that has 26 counties, 3 of Mr. DAVIS of Illinois. Mr. Chairman, The Community Transportation Asso- which are among the highest welfare I yield 1 minute to the distinguished ciation of America has found that 40 counties in the State of Missouri, and gentlewoman from Florida (Ms. percent of all rural communities have after numerous meetings with my wel- BROWN). no public transportation whatsoever. fare recipients the biggest stumbling Ms. BROWN of Florida. Mr. Chair- When transit is present, it often does block they have to getting a job is, like man, I rise today to strongly support not operate at night or on weekends, the gentleman says, transportation, the amendment by my colleague from times when many low-wage or entry- and they might have to drive an hour Illinois. Mr. Chairman, today I had level jobs are performed. By filling the and a half, 2 hours to get to a job and lunch with the CEO of United Airlines, gaps in transit services, we can give they have no means of transportation Jerry Greenwald, who sits on the Presi- people the chance to get to the jobs because we do not have the funds in dent’s Welfare to Work Task Force. I they seek. Missouri, particularly in my district, want to commend United for employ- For example, in Chicago an innova- to beef up our very minimal transpor- ing 500 former welfare recipients with tive Suburban Jobs Links program is tation systems. And certainly they are the goal of 2,000 by the year 2000. This doing just that. Buses carry workers not presently in use for this particular is a success story. from the cities to their jobs in neigh- purpose. But he told me what many of us al- boring suburbs. An increase in funding So I just want to ask my colleagues ready know, that the most serious bar- for this program would allow it to ex- to really think about this because if we riers for former welfare workers enter- pand and help other communities. If truly want our welfare recipients to ing the work force are, one, child care, only one out of three welfare families lead productive, independent lives, and transportation. Through reverse are successful in getting to a job and then we really need to also put our commuter programs, transit vouchers are able to work, then America wins money where our mouths are and help and van pools many of these people can and this program will have paid big make a real job a reality for these get to work. dividends. Therefore, I urge its imme- folks. So I will happily support the Mr. Chairman, let us put our money diate adoption. amendment offered by the gentleman where our mouth is and get welfare to Mr. Chairman, I reserve the balance from Illinois (Mr. DAVIS). work going. Increase this budget and of my time. Mr. PETRI. Mr. Chairman, I yield support this amendment. Mr. PETRI. Mr. Chairman, I yield such time as he might consume to the Mr. PETRI. Mr. Chairman, I yield myself such time as I may consume. gentleman from Indiana (Mr. PEASE), a myself such time as I may consume. Mr. Chairman, I rise in opposition to member of the committee. Mr. Chairman, I have no further re- the amendment offered by the gen- Mr. PEASE. Mr. Chairman, with the quests for time. I recognize the other tleman from Illinois (Mr. DAVIS). greatest personal respect for my col- side is entitled to close debate on their Mr. Chairman, it is interesting that leagues from Illinois and Missouri, I amendment, so I just would proceed to in the course of the discussion of the oppose the gentleman from Illinois’ conclude by saying that while I under- rule of this bill, in the course, a lot of amendment to increase funding for this stand the gentleman’s interest in this April 1, 1998 CONGRESSIONAL RECORD — HOUSE H1999 program, we have included funds in Mr. FOX of Pennsylvania. Mr. Chair- One in 20 welfare recipients in this this bill for this program. man, I rise today in support of the country own a car. That is a frighten- A lot of Members have expressed con- Davis amendment to BESTEA. This ing statistic. When one considers that cern in debate, and a lot of others who would further build upon the commit- when we passed welfare reform we have looked at this bill, that we are al- tee’s commitment to encouraging ac- placed strict time limits on the welfare ready spending more than we feel is cess to jobs and moving people from recipients, we can ill-afford to not pass prudent. To increase spending beyond welfare to work. this amendment. I urge all Members to what the committee has asked for is I commend the gentleman for offer- pass the Davis amendment. something that I think is highly prob- ing this amendment which enhances an Mr. DAVIS of Illinois. Mr. Chairman, lematic. already strong portion of the underly- I would ask the gentleman from Wis- I would think that this would be an ing bill. I was pleased to see the Senate consin (Mr. PETRI) if he would yield 1 interesting test to see whether Con- also acted, through the efforts of the minute to the gentleman from Iowa gress would like to stay within the pa- Senators from Pennsylvania, Illinois (Mr. BOSWELL). rameters of this bill or feels that the and New York, to include a strong Mr. PETRI. Mr. Chairman, I yield 1 committee sort of undershot and we commitment to moving people from minute to the gentleman from Iowa should be spending even more than we welfare to work. (Mr. BOSWELL). have been asked for in this bill. I think The gentleman from Illinois shows a Mr. BOSWELL. Mr. Chairman, I it best to plan and see that we walk be- great commitment and vision in offer- think it comes down to this: Do we fore we run. We do have $42 million in ing his amendment as he recognizes the really want people to go off of welfare this bill plus $20 billion that is eligible need for a national approach to this and on to workfare? As probably some if State and local transit authorities problem. Few people on welfare own Members know, some of us in the feel these needs are needs that need to cars and few can afford other transpor- States got into that a little bit ahead be addressed. We do not need to add an- tation means to get to jobs and job of even the national level. other $100 million dollars to a bill that training. BESTEA and the gentleman’s I am like the gentlewoman from Mis- is already quite generous in the trans- perfecting amendment further our be- souri (Mrs. EMERSON). I have 27 coun- portation area. lief in empowering people with the jobs ties, and we have no mass transpor- Mr. Chairman, I urge a ‘‘no’’ vote. and training they need to achieve self- tation. One thing we discovered is if we Mr. OBERSTAR. Mr. Chairman, will sufficiency. I strongly urge support for are serious about getting people from the gentleman yield? the Davis amendment. welfare to work, they have got to have Mr. PETRI. I yield to the gentleman Mr. DAVIS of Illinois. Mr. Chairman, child care and they have got to have from Minnesota. I yield 1 minute to the gentleman from transportation, or it is not going to Mr. OBERSTAR. Mr. Chairman, I work. It simply is not going to work. just want to specify that the chairman New Jersey (Mr. PASCRELL). b So I encourage support of the amend- does understand that this is an author- 1700 ment of the gentleman from Illinois, ization, these are not contract author- Mr. PASCRELL. Mr. Chairman, I rise Mr. Davis. It is something we have to ity dollars? in strong support of the Davis amend- do if we are going to get this job done. Mr. PETRI. Mr. Chairman, I under- ment. First of all, we must go to the I think we all want very much to get stand it is an authorization, but we had appropriations. There are checks and the senior member of the committee this job done, to get people to work. balances. That is something we have to Mr. DAVIS of Illinois. Mr. Chairman, from my State and others in the au- do. This is a general fund authoriza- I would ask the gentleman from Wis- thorization committee, appropriation tion. consin (Mr. PETRI) if he would yield 1 committee, which would have to actu- Second of all, we have spoken in the minute to the gentleman from New ally appropriate money, saying that last 4 years about welfare reform. It is this was taking away from priorities Jersey (Mr. ANDREWS). time for us to put our money where our Mr. PETRI. Mr. Chairman, I am de- that they felt were important. Now we mouth is. The argument that this bill lighted to yield 1 minute to my es- are adding to their burden, I think. is a pilot program and cannot increase But I would be interested to see how teemed colleague, the gentleman from they vote on this amendment because too quickly, forget about it. We have New Jersey (Mr. ANDREWS). if they really are concerned and con- told people in 5 years they have to be (Mr. ANDREWS asked and was given sistent, this would receive a ‘‘no’’ vote, off welfare, by the year 2002. We do not permission to revise and extend his re- not a ‘‘yes’’ vote from those gentlemen. have that much time. marks.) Mr. DAVIS of Illinois. Mr. Chairman, Let us have bipartisan agreement Mr. ANDREWS. Mr. Chairman, I I yield 1 minute to the gentleman from that we are going to get people to jobs thank the gentleman from Wisconsin, West Virginia (Mr. RAHALL). that exist. There are 2 million people who contributes so much to the edu- Mr. RAHALL. Mr. Chairman, I rise in out there that are going to be removed cational issues, and I thank the author support of the excellent amendment of from welfare to work over the next 5 of this amendment. the gentleman from Illinois (Mr. years, and only 6 percent of them have Mr. Chairman, I rise in strong sup- DAVIS). cars. port of the amendment offered by the The simple fact of the matter is that Now, what are you going to do about gentleman from Illinois (Mr. DAVIS). I lack of transportation is frequently a that? This amendment goes right to introduced legislation earlier this year barrier to employment whether one re- the heart of that situation. This is get- which incorporates this same concept, sides in an urban or rural environment. ting people to work. This is what we and I frankly would have put more This amendment would raise the gen- want, work, not welfare. money into this if we had been able to. eral fund authorization contained in Mr. DAVIS of Illinois. Mr. Chairman, But I commend the gentleman from Il- the bill for the welfare to work pro- I yield one minute to the gentlewoman linois (Mr. DAVIS) and the leadership of gram. from California (Ms. MILLENDER- the minority side for supporting this. I know that from a rural perspective MCDONALD). Here is why this is such a good idea. these programs hold great promise. In Ms. MILLENDER-MCDONALD. Mr. If one out of every 300 families on wel- my home State of West Virginia we Chairman, I would like to thank the fare in America, one out of every 300, have undertaken four welfare to work distinguished gentleman from Illinois gets a job as a result of this program, pilot programs already, including in for offering this amendment and for as a result of being moved from where Greenbrier and Wayne Counties which I yielding me time. they live to where the jobs are, this have the honor of representing. This Mr. Chairman, last year we passed a pays for itself as a result of people amendment is about access to jobs, welfare-to-work bill, knowing that that leaving the welfare rolls and paying about access to training, about access bill was not the sound bill it should be taxes. to a better life for many Americans, for those who are moving from welfare In other words, the success level for and I urge my colleagues to accept it. to work. This amendment that my this to be budget-neutral is very, very Mr. PETRI. Mr. Chairman, I yield 1 friend has put on the floor is one that low. It is a great idea. minute to the gentleman from Penn- will help us to move this generation of In my area, United Parcel Company sylvania (Mr. FOX). welfare recipients to work. is helping to do a similar thing, where H2000 CONGRESSIONAL RECORD — HOUSE April 1, 1998 they are moving welfare recipients The additional $108 million that this amend- (ii) to include qualified women and minori- from Camden, New Jersey, to a UPS ment will provide for welfare-to-work programs ties into an applicant pool for transportation terminal at the Philadelphia airport. It is crucial if our nation is to ensure that our contracts; works, the Davis amendment works, current prosperity benefits all people in Amer- so long as such expansion, encouragement, and I urge my colleagues to support it. ica. recruitment, request, or inclusion does not Mr. PETRI. Mr. Chairman, I yield Back in my hometown of Chicago, less than involve granting a preference, based in whole or in part on race, color, national origin, or back the balance of my time. 10 percent of welfare recipients own or have Mr. DAVIS of Illinois. Mr. Chairman, sex, in selecting any person for the relevant access to an automobile. contract. I yield 2 minutes, the balance of my That's right less than 10 percent. (2) PROHIBITION AGAINST DISCRIMINATION OR time, to the distinguished ranking At the same time, job growth in the Chicago PREFERENTIAL TREATMENT.—Notwithstanding member, the gentleman from Min- metropolitan area is greatest in areas that are any other provision of law, no governmental nesota (Mr. OBERSTAR). accessible only by car. entity shall, in connection with a transpor- Mr. OBERSTAR. Mr. Chairman, this Obviously, this poses a significant obstacle tation contract— is a reality check amendment. If you to the people who need employment most. (A) intentionally discriminate against, or voted for welfare reform, then look in A serious mismatch exists in Chicago and grant a preference to, any person or group the mirror and say, did I really mean countless other urban areas in our nation be- based in whole or in part on race, color, na- it? Was I serious about that? If you tween job growth and the location of low-in- tional origin, or sex; or (B) require or encourage a contractor or were, then you really ought to be seri- come communities. subcontractor to discriminate intentionally ous about providing the means for peo- The lack of affordable housing in many against, or grant a preference to, any person ple to get from where they are to where growing suburbs ensures that low-income peo- or group based in whole or in part on race, the jobs are. ple, the people who would fill the myriad serv- color, national origin, or sex. We made a start on it in this legisla- ice jobs that are being created in new subur- (3) DEFINITIONS.—As used in this sub- tion with a pilot program of $42 mil- ban strip malls and office parks, can't live section— lion. I think it is well-crafted, I think where job creation is most dynamic. (A) the term ‘‘transportation contract’’ it is a good initiative, but it is woefully So we must address this problem. means any contract or subcontract in con- inadequate in dollars to do the job that We must take action to get people to where nection with any project paid for in whole or needs to be done. the jobs are. in part with funds derived from amounts au- Failure to do so means we are cutting off thorized to be appropriated by this Act; and A study of 43 large metropolitan (B) the term ‘‘preference’’ means an advan- areas found that communities with the from jobs and financial security the very peo- tage of any kind, and includes a quota, set- longest job commute times had the ple who we have mandated to work under aside, numerical goal, timetable, or other highest rates of unemployment. In new welfare reform regulations. numerical objective. Cleveland, inner-city residents can So we cannot fail in this task and we cannot The CHAIRMAN. Pursuant to House reach only about 8 to 15 percent of fail to pass this important amendment that is Resolution 405, the gentlewoman from entry level jobs in a reasonable time fundamental to building a fairer economy that New Jersey (Mrs. Roukema) and a with current public transportation. includes all Americans. Member opposed each will control 30 I urge my colleagues to support this amend- There are many other similar exam- minutes. ment. America can only work if we enable all ples. The Chair recognizes the gentle- Mr. Chairman, I want to emphasize, our people access to jobs. woman from New Jersey (Mrs. ROU- this is a general fund authorization. It The CHAIRMAN. The question is on KEMA). does not require offsets. It is under the the amendment offered by the gen- Mrs. ROUKEMA. Mr. Chairman, I caps for the budget hawks. tleman from Illinois (Mr. DAVIS). yield myself such time as I may con- The Committee on Appropriations The question was taken; and the will decide among the many priorities Chairman announced that the ayes ap- sume. that they have to contend with which peared to have it. Mr. Chairman, my amendment, as of the funds will go to this program Mr. PETRI. Mr. Chairman, I demand has been submitted and printed, would and which to other programs. It will a recorded vote. end the Disadvantaged Business Enter- not come out of contract authority dol- The CHAIRMAN. Pursuant to House prise Program under BESTEA. lars. It is reasonable and fair. It is far Resolution 405, further proceedings on The amendment reaffirms, and I less than the Senate is providing in the amendment will be postponed. want to be very clear about this, reaf- their version of this legislation. It is now in order to consider Amend- firms our encouragement of affirma- Mr. Chairman, finally, I want to say ment No. 3 printed in part II of House tive action through expansion of the in Chicago, and the gentleman from Report 105–476. applicant pool and active recruitment, Pennsylvania (Chairman SHUSTER) and AMENDMENT NO. 3 OFFERED BY MRS. ROUKEMA and I stress active recruitment, of I were there a year ago to look at their Mrs. ROUKEMA. Mr. Chairman, I qualified women and minorities. transportation, we saw their effective offer an amendment. At the same time, this amendment welfare-to-work program. It was a The CHAIRMAN. The Clerk will des- makes it clear that such encourage- pilot, if you will. It was the spark of ignate the amendment. ment and recruitment does not involve imagination for the program we have The text of the amendment is as fol- granting a preference or fulfilling a in this basic legislation. lows: quota or a set-aside. But, fundamentally, I drew this idea Amendment No. 3 offered by Mrs. Rou- In other words, and I want my col- from my daughter and I who works for kema: leagues to understand this, in other Jubilee Jobs in Northeast-Northwest Strike subsection (b) of section 102 and in- words, we are reforming affirmative ac- sert the following: tion as we know it today. That is, it Washington, in the Adams Morgan (b) AFFIRMATIVE ACTION ENCOURAGED; DIS- should go back to its initial roots of area. Trying to place people in work CRIMINATION OR PREFERENTIAL TREATMENT who are coming out of the welfare shel- PROHIBITED.— nondiscrimination. ters, who are coming out, dropouts (1) AFFIRMATIVE ACTION ENCOURAGED.—It is We are not suggesting that there is from the welfare system, she cannot the policy of the United States— no discrimination. In other words, we get them to their jobs because they (A) to expand the applicant pool for trans- are reforming affirmative action as we portation contracts in order to increase com- know it while protecting the civil cannot afford transportation. If you petition; cannot match the person with the job (B) to encourage participation by busi- rights of all people. through a means of transport, then you nesses owned by women and minorities in Now, the preference program, DBE as have failed. bidding for transportation contracts; it is known, the preference program at Let us not fail. Let us pass this (C) to recruit qualified women and minori- the heart of this issue is a provision of amendment. ties into the applicant pool for transpor- BESTEA, and it states that, and we Mr. GUTIERREZ. Mr. Chairman, I rise today tation contracts; and should be clear about this, because (D) to encourage transportation contrac- there is misinformation being spread in support of this vital amendment that will en- tors— able thousands of people in my community to (i) to request businesses owned by women around. It states that not less than 10 obtain access to employment opportunities and minorities to bid for transportation con- percent shall be expended with small they may otherwise be denied. tracts; and businesses owned and controlled by April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2001

‘‘socially and economically disadvan- for all qualified people, and expansion (Mr. SHUSTER asked and was given taged individuals.’’ and strengthening of efforts to promote permission to revise and extend his re- This is a floor set by the Department full equality of employment oppor- marks.) of Transportation that must be met. If tunity. Mr. SHUSTER. Mr. Chairman, I it is not met, then the administration b 1715 thank the gentlewoman for yielding to can and does sanction. me. The bill itself says, ‘‘Not less than 10 That, to me, is a reflection of exactly Mr. Chairman, in accordance with percent of the amounts authorized what we have here in my amendment. the agreement we made in the commit- shall be expended’’ to small businesses That was the original Kennedy initia- tee with negotiating a delicately-bal- controlled by socially and economi- tive. anced compromise in this bill, we Before opponents of my amendment cally disadvantaged. It is a clear quota. agreed, and the bipartisan leadership of raise their voices, let me also add for At a hearing held recently this past our committee, to oppose all amend- clarity, here, that this legislation abso- year in the Committee on the Judici- ments that the bipartisan leadership lutely maintains this Nation’s existing ary, Mr. Chairman, we heard that this did not agree to. antidiscrimination laws. If it did not, I preference resulted in many sub- I, therefore, must reluctantly state would not be proposing it here on the contractors being denied a transpor- my opposition to this amendment. floor today. But it maintains existing tation contract, despite having by far Mr. Chairman, I am sympathetic to my col- civil rights laws which are there as a the lowest bid. To represent only one league's position opposing continuation of the remedy for individuals who are victims subcontractor, Malcolm Drilling, Inc., DBE requirement in BESTEA. of discrimination. Further, it is con- he testified that they were discrimi- However, I have made an agreement to op- sistent with civil rights laws that pro- nated against merely because the gen- pose any DBE reforms in exchange for a bal- hibit any discrimination. eral contractor did not use enough mi- Mr. Chairman, I want Members to anced, bipartisan bill that provides maximum nority or women-owned subcontrac- know that over time I have been a funding for America's transportation needs. tors. strong supporter of affirmative action. There have been a number of court chal- As a result, the contract was awarded However, over the course of the years I lenges to the DBE program including a deci- to the next lowest bidder at a bid of $3 have watched the implementation of sion by the Supreme Court that casts doubt million more. This was just one rel- affirmative action amount to the use of on the constitutionality of the program. atively small contract. So the Federal I have been concerned that attempts to re- discriminatory quotas, set-asides, pref- dollars at work cost the taxpayers $3 peal the DBE requirement could backfireÐre- erences, and timetables based on sex million more in this specific case. sulting in findings that could potentially and race. This is evidence, I believe, of There are many other instances. I strengthen claims that the program is constitu- the law of unintended consequences. will not go into them now, but I do That is why we should be reforming tional. want them to be included in the comprehensively affirmative action. I believe the best approach is to allow the RECORD, a company in Wyoming to the But we have been unable to get that to courts to resolve the issue. tune of $345,000, and another one in the floor, a total reform. Indeed, I had I am pleased that we have included lan- Iowa and so on. These qualified under fervently hoped that by this time in guage in BESTEA, similar to language in- the 10 percent set-aside for disadvan- our session the Committee on the Judi- cluded in the Senate-passed bill, that would taged business enterprises. ciary would have reported that. In the prohibit DOT from withholding funds from This is a waste, a clear waste, of tax- absence of an overall reform, I thought grant recipients where a Federal court has payer dollars. Competitive bidding is this was the best vehicle to bring the issued a final order finding the DBE require- intended to save money. Not requiring issue before the public. It is very pre- ment unconstitutional. This provision should at least a 10 percent set-aside has made cise in this bill, as I have outlined it. ensure that transit agencies, such as Houston the point of competitive bidding moot, I know, of course, that discrimina- Metro, that are under such orders, do not if not some would say a joke. tion exists today in America. There is have their Federal funds withheld. Governments have been imposing no denying it. But we cannot attack BESTEA also requires a GAO study that quotas, preferences and set-asides in discrimination with a different style of would examine whether there is continued evi- the goal of eliminating discrimination, discrimination. Discrimination, that dence of discrimination against small busi- but instead the actual real world has is, the reverse discrimination that I nesses owned and controlled by socially and resulted in reverse discrimination. see, is the consequence of these set- economically disadvantaged individuals. I be- Now, my amendment explicitly reaf- asides and quotas. Discrimination in lieve that this study will lay the groundwork for firms the original concept of our Af- the name of equal treatment is, in my future reforms. firmative Action Program that opinion, an oxymoron. For these reasons, I must reluctantly op- through vigorous and systematic out- Mr. Chairman, affirmative action did pose the gentlelady's amendment. reach, recruitment and marketing ef- its job in its day, but the day it became Mrs. TAUSCHER. Mr. Chairman, I forts among qualified women and mi- more quotas than opportunity is the yield myself such time as I may con- norities, we would be reaching those day that, in my opinion, it became part sume. who are out of the loop, so-to-speak. of the problem and not part of the solu- Mr. Chairman, I rise in opposition to The amendment explicitly reaffirms tion. the Roukema amendment. The amend- and requires outreach programs. Equal opportunity has always been ment offered by the gentlewoman from The amendment also seeks to restore at the core of the American spirit. It is New Jersey (Mrs. ROUKEMA) would the color-blind principle to Federal law time that we return to that core, and recklessly end an important program by prohibiting the Federal Government apply it equally for all people in our so- that has successfully increased the par- from granting any preference to any ciety, while protecting the civil rights ticipation of minority-owned busi- person based on whose qualifications of those who need continued protect- nesses in the Federal-aid highway and were either race, color or national ori- ing, and assure that the law is applied transit programs. gin or sex-based. equally to all people. Let us be clear, the DBE program When affirmative action, and this I Mr. Chairman, I reserve the balance does not involve set-asides, pref- thought was very interesting in doing of my time. erences, or quotas. Indeed, the DBE my research for this amendment, going Mrs. TAUSCHER. Mr. Chairman, I program requires States to establish back to the Kennedy Administration’s am opposed to the amendment, and re- their own voluntary DBE goals and Executive order that established this quest the time in opposition. make a good-faith effort to achieve principle in 1963. It was specifically ap- The CHAIRMAN. The gentlewoman these goals. The DBE goals can be plied through the Civil Rights Act of from California (Mrs. TAUSCHER) is rec- waived if there are not sufficient mi- 1964. The goals were promotion and as- ognized for 30 minutes. nority contractors available to meet surance of equal opportunity without Mrs. TAUSCHER. Mr. Chairman, I the targets. In addition, the Depart- regard to race, creed, color or national yield such time as he may consume to ment of Transportation has never pun- origin, encouragement of positive the gentleman from Pennsylvania (Mr. ished a State for failing to meet its measures towards equal opportunity SHUSTER). voluntary goals. H2002 CONGRESSIONAL RECORD — HOUSE April 1, 1998 The Disadvantaged Business Enter- what is happening every day. Contracts than anyone else, and certainly not to prise program ensures that small busi- and subcontracts are awarded because lower standards, but to make opportu- nesses that are owned and controlled of the race or gender of the people who nities for those women and those mi- by socially and economically disadvan- are receiving those contracts or sub- norities who do not get them without a taged individuals will have a fair op- contracts. That is an undeniable fact. program. portunity to compete for federally- Race and gender preferences under- It is unconscionable that we would funded highway and transit contracts. mine the dignity of all Americans. To stand to deny people who can work Prior to enactment of the DBE pro- some Americans, the system of pref- hard, people that just do not look like gram in 1982, minority-owned busi- erences says, your government will white men, and defend their ability as nesses participated in only about 2 per- deny you a job or some other oppor- Americans, as citizens, as persons who cent of all contracts in the Federal-aid tunity because you are the wrong gen- work just as hard, to get a simple op- highway program. Following enact- der or ethnic background. To other portunity. ment of DBE, minority participation Americans, the system of preferences This is a sad day to see that we still has risen to roughly 9 percent of all says, you will not be expected to com- have people who are willing to deny contracts. pete as an equal, but will be measured people who work hard, who take on the Since 1987, women-owned businesses by a lower standard than individuals of same responsibility, are not asking for have also benefited greatly from the another gender or race. anything, they are only asking for an DBE program. According to Federal Both messages are hurtful, both mes- opportunity. I oppose this amendment. Highway Administration figures, con- sages are demeaning, both messages Mrs. ROUKEMA. Mr. Chairman, I tracts to women-owned businesses have are demoralizing, and both messages yield 4 minutes to the gentleman from increased from 2.6 percent in fiscal are contrary to the basic American California (Mr. CAMPBELL). year 1986 to 6.7 percent in fiscal year principle of respect for the individual. Mr. CAMPBELL. Mr. Chairman, the 1996. Nevertheless, while women own We will never overcome discrimina- bill provides in section 102, ‘‘Not less one-third of all construction firms, tion by practicing discrimination. The than 10 percent of the amounts author- they still only get 19 percent of busi- way to mend affirmative action is by ized to be appropriated under titles I, ness receipts. eliminating the divisive system of pref- III, and VI of this Act shall be ex- The Disadvantaged Business Enter- erences based on race and gender, and pended with small business concerns prise program has been instrumental in reaffirming the original concept of af- owned and controlled by socially and promoting equal opportunity for all firmative action through vigorous and economically disadvantaged individ- citizens to fully participate in our na- systematic outreach, recruitment, and uals.’’ tional economy. Now is not the time to marketing efforts. The underlying statute defines, at 15 turn back this effort. Preferential policies are a dead end. U.S.C. 637, ‘‘The contractor shall pre- Mr. Chairman, I reserve the balance As the Federal Government classifies, sume that socially and economically of my time. sorts, and divides Americans by their disadvantaged individuals include Mrs. ROUKEMA. Mr. Chairman, I race and gender, it sends a powerful black Americans, Hispanic Americans, yield 3 minutes to the gentleman from and perverse message to the American Native Americans, Asian Pacific Amer- Florida (Mr. CHARLES CANADY), chair- people that we should judge one an- icans, and other minorities. * * *’’ man of the Subcommittee on the Con- other on the basis of race and gender. This bill sets aside a quota on the basis stitution of the Committee on the Ju- That is exactly the wrong message for of race. diciary. us to be sending. That is a message The facts are uncontrovertible: race Mr. CANADY of Florida. Mr. Chair- which only reinforces prejudice and determines who gets contracts under man, I thank the gentlewoman for discrimination in our society. this statute, and it is wrong. We cannot yielding me the time. President Clinton has quite rightly do good by doing bad. We cannot lift Mr. Chairman, I rise in strong sup- called on Americans to transform the some people up on the basis of their port of the amendment of the gentle- problem of prejudice into the promise race without putting other people down woman from New Jersey (Mrs. ROU- of unity. He has spoken of our primary on the basis of their race. It is inher- KEMA). allegiance to the values America ently unfair. The ideal of equality under the law stands for, calling for us to build one In the new biography of Jackie Rob- for all Americans is an ideal supported America. inson, there is a very touching by the overwhelming majority of the The system of race and gender pref- quotation of a letter. American people. That ideal is at the erences stands as a massive impedi- I quote: ‘‘Late in his career he wrote heart of the American experience. We ment to a united America, in which all an eloquently spare letter to a white all know that in our history as Ameri- Americans are treated as individuals New Orleans journalist who had abused cans we have not fully lived up to that who are equal in the eyes of the law. him in print: ‘I wish you could com- ideal, but we also know that future Congress can demonstrate its alle- prehend how unfair and un-American it generations of Americans will judge us giance to fundamental American val- is for the accident of birth to make by how well we ground the laws of the ues by adopting this amendment, and such a difference to you.’ ’’ land on that fundamental principle. ending the use of race and gender pref- Are there other ways of taking care The amendment now before this erences in the transportation program. of the fact that we do not start life House is solidly based on the ideal of Mrs. TAUSCHER. Mr. Chairman, I equally? Of course there are. The equality under the law. Like the his- yield 1 minute to the gentlewoman amendment of the gentlewoman from toric Civil Rights Act of 1964, this from Texas (Ms. EDDIE BERNICE JOHN- New Jersey (Mrs. ROUKEMA) does that: amendment recognizes that each Amer- SON). Take a look at somebody’s actual ef- ican has the right to be treated by our Ms. EDDIE BERNICE JOHNSON of fort to try to overcome the obstacles government not as a member of a par- Texas. Mr. Chairman, I rise to oppose that they have been presented with; ticular race or gender group, but as an this amendment. I want the record to give a preference on the basis of some- individual citizen, equal in the eyes of be clear. This is a proposal that has one who has never had a contract be- the law. been worked out. It is the same lan- fore; take account of the individual. The amendment is based on the con- guage that is in the Senate bill. It was But do not judge on the basis of their viction that it is morally wrong for the an agreement within the committee. race. United States government to give some Clearly, this is meant to be corrective How can we explain to somebody that Americans benefits because of their action. it is fair that ‘‘You would have had had race or gender, while denying other If it was true that we no longer need- this contract, but your skin is the Americans opportunities because they ed the DBE program, I would be the wrong color’’? belong to the wrong groups. first person to want to give it up. All of Mr. Chairman, it was not that long Let us be clear about it, despite the my political career I have had to come ago that this issue was brought to the denials that we hear, under the trans- to the forefront to try to defend and Supreme Court on the fundamental portation program, that is exactly make opportunities; not to be better question of whether it was acceptable April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2003 for the units of government in our the work out of their firms. The DBE pro- The Roukema amendment clearly country to use race. In 1954 the Su- gram is one of the most successful programs states that it is the policy of the preme Court said it was not. the government has developed.’’ United States to recruit qualified In Brown vs. The Board of Education, Elaine Martin, MarCon, Inc., Nampa, women and minorities into the appli- the Supreme Court reversed the horror Indiana: cant pool for transportation contracts. of Plessy versus Ferguson, in which the I was low bidder on a job in 1987 where the This approach will move us beyond di- Supreme Court had said separate but owner told the estimator to give the job to a visive government-sanctioned pref- equal was okay. And in striking down larger, male-owned firm that had a higher erences and discrimination to a system Plessy versus Ferguson, the Supreme bid than mine. The estimator told the owner of equality under the law, while con- that the job had DBE goals and as low bid- Court of the United States said it is tinuing the original intent of affirma- stigmatizing, it is inherently wrong, der, I should be given the opportunity to per- form. In the 10 years since that one $100,000 tive action to reach out to those who for the government to make distinc- job that I would have lost without the DOT are disadvantaged. tions on the basis of race. DBE program, my company has grown from Mr. Chairman, my bottom line is b 1730 $200,000 to $3 million annually.’’ this: I want my party and this Congress to embrace public policy that lets Justice Douglas, nobody’s right-wing Finally, Joanna Pierson, Joanna women know they are welcome, even conservative, himself put it this way in Trucking, Inc., Sioux City, Iowa: encouraged, to enter and compete for 1974: ‘‘There is no constitutional right My company is very good at what it does, business. My party and this Congress for any race to be preferred. There is but that does not mean anything. What does should be about expanding opportuni- no superior person by constitutional mean something is that I am a ‘‘foolish fe- male,’’ ‘‘stupid woman,’’ I’m sure you’ve ties for women. Toward that end, I be- standards. A * * * [person] * * * who is heard them all. To get rid of this program lieve the gentlewoman from New Jer- white is entitled to no advantage by means putting me and other women like me sey has struck the proper balanced ap- reason of that fact; nor is he subject to out of business along with 25 of my employ- proach that is pro-woman, pro-minor- any disability, no matter what his race ees. ity opportunity, pro-affirmative ac- or color. Whatever his race, he had a Mr. Chairman, these are the voices of tion. constitutional right to have his appli- women small business owners. This Nobody in this body can question the cation considered on its individual amendment would end the program for long and positive record of the gentle- merits in a racially neutral manner.’’ socially and economically disadvan- woman from New Jersey (Mrs. ROU- We have a chance today to do what is taged white men who also qualify for KEMA) on women’s rights and opportu- right. But we cannot do right by doing DBE. nities. I urge my colleagues to support wrong. We have other means provided Mr. Chairman, they will not be her balanced approach to affirmative in this amendment to help those who counting quotas in this bill, because action in the Roukema amendment. are disadvantaged, but let us today put there are none, but votes to see which Mrs. TAUSCHER. Mr. Chairman, I an end to the use of race by govern- side my colleagues were on when this yield 2 minutes to the gentleman from ment, let us never again look at some- amendment came up for vote. Illinois (Mr. POSHARD). one and say, ‘‘You have something that Mrs. ROUKEMA. Mr. Chairman, I Mr. POSHARD. Mr. Chairman, I rise another may not because of the color yield myself such time as I may con- in opposition to the Roukema amend- of your skin.’’ sume only to say I am sorry the gentle- ment and strongly urge my colleagues Mrs. TAUSCHER. Mr. Chairman, I woman from the District of Columbia to vote against it. The gentlewoman yield 21⁄2 minutes to the gentlewoman (Ms. NORTON) totally misunderstands from New Jersey (Mrs. ROUKEMA) seeks from the District of Columbia (Ms. my amendment. to discontinue the Disadvantaged Busi- NORTON). Mr. Chairman, I yield 2 minutes to Ms. NORTON. Mr. Chairman, I thank ness Enterprises program, which has the gentlewoman from Washington the gentlewoman from California (Mrs. the goal of providing at least 10 percent (Ms. DUNN). of transportation contracts to small TAUSCHER) for yielding me this time. Ms. DUNN. Mr. Chairman, I rise Mr. Chairman, shame on the gen- businesses owned by socially and eco- today to address a very tough issue for tleman from California (Mr. CAMP- nomically disadvantaged individuals. women, with friends on both sides of For almost 20 years, the DBE pro- BELL), my good friend and fellow law this amendment. professor, for racializing this issue. Not gram has enjoyed great success and I know as a woman that special and once, not once did the gentleman al- provided critical opportunities for very difficult challenges confront busi- lude to anything but race. This issue qualified women and people of color to nesswomen trying to launch enter- does not involve race. This issue in- compete for and perform Federal con- prises in fields that have traditionally volves race and sex. My good friend and struction contracts. This is a good pro- been male-dominated. That is a fact of colleague puts a woman’s face on an gram and it deserves our continued life for businesswomen, despite that antiwoman amendment. support. Mr. CAMPBELL. Mr. Chairman, will fact women continue today to form Mr. Chairman, although I dearly wish the gentlewoman yield? businesses at twice the rate of men. that it were not the case, the fact is Ms. NORTON. Mr. Chairman, the Mr. Chairman, I also know there are that women and minority-owned firms gentleman from California would not serious constitutional questions in- remain underrepresented in the field of yield to me, and I will not yield to the volved whenever the government tries construction. The DBE program has gentleman one moment or one word. to guarantee outcomes, because that been instrumental in increasing the Mr. Chairman, I warn my colleagues, government action usually amounts to percentage of contracts awarded to hundreds of thousands of women’s faces a quota and consequent legal chal- these firms which are participating are trained on us now, particularly the lenges. more than ever in the construction and faces of women small business owners. The truth is, Mr. Chairman, that maintenance of our Nation’s highways. They are taking names and they are when women are given an equal play- Now is not the time to dismantle the counting votes and they want to know ing field we have proven that we can successful program which has helped so which side my colleagues are on. succeed. Women now employ more in- many and can continue to help even Mr. Chairman, I want my colleagues dividuals than all the Fortune 500 com- more. to listen to them. Roberta Verdun, panies in the world combined, and we The DBE program does not impose president, Summit Graphics, North want to be able to say we have quotas or set-asides but relies instead Brunswick, New Jersey: achieved those successes because of our on flexible targets and allows States Without the DBE program, I would not brains, not our gender. and local governments to set their own have opportunities to bid against the big Quotas have the perverse effect of un- goals based upon the particular cir- businesses out here. dermining the credibility of minority cumstances of their local markets. Deborah Ayars, A-TECH Engineering, businesses because people believe that Ending this program would create tur- Vineland, New Jersey: they got that contract on some basis moil in the firms which have relied Without the DBE provisions of ISTEA, the other than merit. For women, that upon it, resulting in failing businesses ever-larger majority firms would let none of would set our movement back. and thousands of jobs lost. H2004 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Mr. Chairman, I hope my colleagues their dreams. And now we have an cans and African Americans in this will recognize the critical role that the amendment that would destroy a pro- Congress to pass this bill, but want to DBE program can continue to play in gram that has helped create $1.4 billion lock us out of the benefits. If this Con- the promotion of equal opportunities worth of the economy, putting 62,000 gress cannot accept the simple goal of for all business owners and join me in people to work. equality of opportunity for all Ameri- opposing the Roukema amendment. This program that we are talking cans, what a sad day it will be. Mrs. ROUKEMA. Mr. Chairman, I about is based on a simple premise of When my colleagues on the other side yield 2 minutes to the gentleman from equal opportunity. It requires all con- of the aisle talk about privilege, they California (Mr. COX). tractors bidding for Federal highway are referring to the privilege that has Mr. COX of California. Mr. Chairman, projects to do so on an equal footing, been enjoyed by the majority for a long I rise in support of the amendment of- regardless of gender or of race. It also period of time with very few benefits to fered by the gentlewoman from New establishes a goal, a goal that says 10 anyone in the minority. Let us pro- Jersey (Mrs. ROUKEMA). I congratulate percent of Federal highway projects mote participation, not prohibit it, by her for bringing to the floor such a use- should be awarded to companies owned defeating this amendment. ful way to improve ISTEA, our trans- by individuals who for decades, for dec- Mrs. TAUSCHER. Mr. Chairman, I portation bill, so that it promotes af- ades were effectively shut out from yield 2 minutes to the gentlewoman firmative action and so that it outlaws this industry. from New York (Ms. VELA´ ZQUEZ). discrimination. Mr. Chairman, this 10 percent goal is Ms. VELA´ ZQUEZ. Mr. Chairman, I First, let us focus on what this not mandatory. It is not a set-aside. It thank the gentlewoman for yielding me amendment really does. It would de- is not a quota. It is a goal. It is a wor- the time. clare the policy of the Federal Govern- thy goal. It is a goal encouraging all I rise in strong opposition to this ment in favor of affirmative action. Americans to work hard and to pursue amendment. The Department of Trans- That means encouraging bidding by their dreams. portation DBE program has provided minority-owned and women-owned This is a success story. This side of over 20,000 firms with contracts worth businesses, expanding the applicant the aisle talks about appealing to over $2 billion in 1996 alone. As a re- pool, recruiting qualified women and women. They have to address that sult, tens of thousands of jobs have minorities into the applicant pool, and problem because they do not get very been created, providing economic de- encouraging contractors to do the many votes from women in this coun- velopment in cities, rural areas and in same. That is what affirmative action try. Well, just as the gentlewoman communities desperately in need of is all about. from the District of Columbia (Ms. hope and opportunity. This important In 1964, in the other body, the Demo- NORTON) said, this is a key vote and the program has provided opportunity for cratic floor manager of the 1964 Civil American people and women in this women and minorities working in non- Rights Act, Hubert Humphrey, told a country will be watching to see who traditional fields like construction and critic of the 1964 Civil Rights Act, a stands with them when it comes to get- deserves our support. critic of affirmative action, ‘‘If you can ting a fair share of the pie. As the ranking member of the Com- find anything in this legislation that The CHAIRMAN. The gentlewoman mittee on Small Business, I can tell my would require people to hire on the from California (Mrs. TAUSCHER) has 20 colleagues that this program is effec- basis of percentages or quotas, I will minutes remaining, and the gentle- tive, valuable, and most importantly, start eating the pages one after an- woman from New Jersey (Mrs. ROU- it is fair. I must remind my colleagues other.’’ He knew that quotas are the KEMA) has 10 minutes remaining. that this is not a quota program; it is enemy of affirmative action. Mrs. ROUKEMA. Mr. Chairman, I re- not a set-aside. It is an economic devel- Mr. Chairman, I heard a Member in serve the balance of my time. opment program that is goal-based and defense of this discrimination provi- Mrs. TAUSCHER. Mr. Chairman, I focused on outcomes. It uses competi- sion say that it is a voluntary program, yield 11⁄2 minutes to the gentleman tive bidding that includes white males, but the law says, as it is proposed to be from New Jersey (Mr. MENENDEZ). minorities and women business owners passed on the floor, 10 percent. That is Mr. MENENDEZ. Mr. Chairman, we competing for transportation con- a quota. It has nothing to do with dis- set goals in many of our initiatives, tracts. This program enjoys bipartisan advantaged people. The definition of whether it be Goals 2000 or in the Clean support in this body, including the ‘‘disadvantaged’’ in the bill says if a Water Act. Goals do not guarantee chairman of the Committee on Trans- company has sales of $16 million, year giveaways, they generate participa- portation and Infrastructure and the after year after year, they are dis- tion. subcommittee of jurisdiction. advantaged. As the Federal court said The DBE’s goal is to provide oppor- Recently the other body overwhelm- when it struck down a provision just tunity to all Americans. Let us talk ingly rejected a similar amendment to like this as unconstitutional, under about what the DBE is and is not. It is destroy this valuable and necessary this standard the Sultan of Brunei not a quota. It is not a set-aside. It is program. This amendment threatens to could qualify. not a guarantee of contracts or dollars. undermine a bill that will help us meet Mr. Chairman, let us not cheat those And if it was, I would not support it. the goal of rebuilding this Nation’s in- who are really disadvantaged. Let us What it is is an opportunity for all frastructure and providing for our do something for them with affirma- Americans to participate in building transportation needs. tive action. Let us get rid of discrimi- the Nation’s infrastructure and future. Mr. Chairman, many of my col- nation and let us make it illegal. Let The Roukema amendment would, in leagues engage in rhetoric about em- us vote for the amendment offered by fact, eliminate opportunity for all powerment and opportunity. Well, this the gentlewoman from New Jersey. Americans to be part of a program they program is all about opportunity and Mrs. TAUSCHER. Mr. Chairman, I pay for. It would eliminate talented empowerment. By providing oppor- yield 2 minutes to the gentleman from and competent women, African-Ameri- tunity in the transportation bidding Michigan (Mr. BONIOR), the Democratic cans and Hispanic Americans from sim- process, small local firms are creating whip. ply having an opportunity to compete, jobs, teaching skills and reaching the Mr. BONIOR. Mr. Chairman, there is to compete in the bidding process. tax base and helping communities lit- an unfortunate pattern that has devel- b erally rebuild themselves. oped here. We have had almost an im- 1745 I strongly urge my colleagues to op- possible scenario of trying to get col- But the Roukema amendment not pose this amendment. leagues on this side of the aisle to sup- only denies opportunity to all Ameri- Mrs. ROUKEMA. Mr. Chairman, I port the minimum wage bill. Just a few cans, it actually promotes the interests yield 2 minutes to the gentlewoman minutes ago, my colleagues on this of the privileged few. This is not the from Florida (Mrs. FOWLER). side of the aisle stood up to oppose an Roukema amendment, it is the general Mrs. FOWLER. Mr. Chairman, I rise amendment that would help facilitate contractors’ amendment. The contrac- in support of the Roukema amend- the transportation of people on welfare tors and others are willing to accept ment. It is time to stop dividing our so they could get to work and reach for the votes of women, Hispanic Ameri- country along race and gender lines. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2005 Initiatives like the Disadvantaged tractors and prevented minorities and women erence quotas on every transportation relat- Business Enterprise Program harm our from obtaining city business. ed public works project. These race/gender society, both by lowering standards There is good reason for concern that with- preference programs have had a devastating and by leaving the beneficiaries of the out a federal program in place, minority partici- negative impact on my small business. I am the owner of a 35 person land surveying firm program in doubt of their own ability. pation will decline substantially. When DBE located in New Jersey. My firm has been re- The DBE program reinforces negative programs end, many prime contractors return peatedly denied opportunities to bid or sub- stereotypes because it is based on the to the same exclusionary practices that denied mit my company’s qualifications on public implicit assumption that members of minorities and women the chance to compete works projects due to my white male owner- certain groups cannot measure up to for business before the DBE program was cre- ship status. Time and time again my pro- an objective standard and must be ated and will completely destroy what Mayor spective clients have said ‘‘sorry John we given special treatment in order to suc- Harold Washington and the city of Chicago know your company does good work but we ceed. worked for. Why must we continue to allow have to meet the required quota percentage’s in order to be selected, all our subcontrac- Some contend that there are really certain members of this Congress to hinder a tors have to be MBE, WBE or DBE firms’’. no quotas or set-asides in Federal law. person's efforts to overcome poverty and ad- Through the Freedom of Information Act, Well, I encourage anyone who believes versity and other such obstacles to achieving I obtained lists of executed contracts by both that to read the bill. The language is excellence. New York and New Jersey Department’s of an explicit 10 percent set-aside. The Mr. Chairman, I am told truth is proper and Transportation for the last 3 years: 95, 96 & Roukema amendment eliminates the beautiful in all times and in all places. Well 97. Incredibly more than 80% of subconsult- set-aside, but it does not prohibit the now is the time, and the place. Let us be ants on all contracts were D/M/WBE firms. In Federal Government from making af- truthful to the all American business people my industry—Land Surveying, 95% of the survey firms used as subconsultants were D/ firmative efforts targeted at minorities and give them the right and responsibility to M/WBE’s. My firm has been denied an equal and women to increase the size of the access the roads to prosperity. Vote no to the opportunity to provide our services on public applicant pool for transportation con- Roukema amendment. works projects due to Affirmative Action’s tracts. Mrs. TAUSCHER. Mr. Chairman, I race and gender preference programs. The Department of Transportation yield 1 minute to the gentlewoman I urge you to please support Congress- can still educate and mentor these from Michigan (Ms. STABENOW). woman Roukema’s amendment H.R. 2400. firms in their effort to learn how to Ms. STABENOW. Mr. Chairman, I Sincerely, compete for contracts. In the end, rise with my colleagues and friends to JOHN F. EMILIUS, President. though, all candidates must be judged oppose this amendment. This amend- AMERICAN CIVIL RIGHTS COALITION, by the same standard and require- ment is anti-small business. When I Sacramento, CA, March 30, 1998. ments. chaired the Michigan Small Business Hon. NEWT GINGRICH, We all strongly support equal oppor- Committee in the House, we heard over Speaker, U.S. House of Representatives, tunity. We should create a level play- and over again the concerns of small Washington, DC. ing field, but we should never guaran- businesses about coming particularly DEAR SPEAKER GINGRICH: Tomorrow the tee the final score. into the field of transportation and House Rules Committee will decide to I encourage my colleagues to pro- competing with the large firms. The whether or not to make in order an amend- hibit discrimination and preferential majority of small businesses today are ment from Representative Marge Roukema to the Intermodal Surface Transportation treatment when awarding transpor- being opened by women and minority Efficiency Act (ISTEA) bill to eliminate pro- tation contracts by supporting the firms. This gives the opportunity not visions inserted by the Senate that contain Roukema amendment. for a guarantee, not for a quota, but for racial preferences and set asides. I would ask Mrs. TAUSCHER. Mr. Chairman, I the opportunity to get started in a that you do everything in your power to en- yield such time as he may consume to multibillion-dollar business. sure that this amendment is made in order. the gentleman from Illinois (Mr. This is a transportation package that As you noted on ABC’s ‘‘This Week’’ last DAVIS). will provide jobs and billions of dollars September we should have competitive bid- (Mr. DAVIS of Illinois asked and was in contracts. What we are asking, what ding in federal contracts, not quotas or set given permission to revise and extend asides. The Supreme Court agreed in the the committee reported out was the op- Adarand decision, ruling that programs his remarks.) portunity to make sure that small and granting racial preferences and set asides are Mr. DAVIS of Illinois. Mr. Chairman, disadvantaged businesses have the op- unconstitutional unless they can meet a spe- I rise in opposition to this amendment. portunity to get started in this busi- cific and compelling state interest. Aside Mr. Chairman, I rise in opposition to an ness. We are talking about those who from being ineffective, using discriminatory amendment to eliminate the Department of do not have a long track record and re- federal policies as a method of redressing Transportation's Disadvantage Business En- lationships over years and years being past discrimination is counterproductive. terprise program. The DBE program ensures able to be given a chance as a small Discrimination is wrong, no matter where it occurs. As public servants, we have an obli- that small business concerns which are owned business to get that first contract so and controlled by socially and economically gation to protect people’s civil rights, then they can go on to get the second whether it is through your authority as disadvantaged individuals will have a fair op- and the third and get bigger and big- House Speaker or mine as a university re- portunity to compete for federally-funded high- ger. gent. way and transit contracts. I urge a no vote on this amendment. What some people in our nation have for- Much has happened since the Department's It is anti-small business. gotten is that civil rights are individual first efforts to bring fundamental fairness to Mrs. ROUKEMA. Mr. Chairman, I in- rights. As you know, our constitution guar- antees the rights of individuals, not groups. contracting with federal transportation con- clude for the RECORD a letter of a small When government confers benefits on groups struction dollars. Minority and women owned businessman in New Jersey, who indi- small and disadvantaged business participa- of people on the basis of race, ethnicity or cates the discrimination he endured gender, it injects a bit of poison into the tion in federally assisted highway construction and was denied equal opportunity. body politic. contracting stood at a mere 1.9 percent in I also include for the RECORD the let- Please let me know if I or the American 1978 and rose to 14.8 percent in 1996. ter of Ward Connerly of the American Civil Rights Coalition can be of any help to In 1985 on the 4th day of this very month Civil Rights Coalition in support of my you as you consider action on this important my Mayor Harold Washington, the Mayor of amendment. issue. the great city of Chicago ordered city agencies GEOD CORPORATION, Sincerely, to award 30 percent of their contracts to com- Newfoundland, NJ, April 1, 1998. WARD CONNERLY, Chairman. panies owned by minority group members and Hon. MARGE ROUKEMA, Mrs. ROUKEMA. Mr. Chairman, I re- women. He had to threaten to impose financial U.S. House of Representatives, serve the balance of my time. penalties on contractors who try to avoid this Washington, DC. Mrs. TAUSCHER. Mr. Chairman, I DEAR REPRESENTATIVE ROUKEMA: I urge yield 1 minute to the gentleman from minority goal. He suffered death threats and you to please support congresswoman Rou- humiliation from the media from his actions. kema’s amendment H.R. 2400, the Intermodal Iowa (Mr. BOSWELL). However because of his actions minority busi- Surface Transportation Efficiency Act Mr. BOSWELL. Mr. Chairman, I nesses were able to break an inefficient, ar- (ISTEA). This amendment will end the ra- thank the gentlewoman from Califor- chaic system that favored a handful of con- cially divisive policy of imposing race pref- nia for yielding me the time. H2006 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Inherently unfair? I have heard that ies nationwide. The DBE program is Let us be honest with the system we said several times today. I thought I fair and it is constitutional. It does not have got. Let us encourage minorities would not have too many surprises include any set-asides or any quotas. and our women to go out and get com- when I came here, but today I have Rather, it is a goal-setting economic petitive, get business contracts, start been surprised. Equal pay for equal development program. It uses a com- their own companies and employ the work, have my colleagues ever heard petitive bidding process, which in- people of our country. that question raised? I, too, chaired, in cludes qualified minority and women- b 1800 our Senate the Committee on Small owned businesses vying for transpor- Business for a number of years. I can tation dollars. There is a need for the Mrs. ROUKEMA. Mr. Chairman, I tell my colleagues, there is some in- DBE program. Minority and women yield 30 seconds to the gentleman from equities out there. If they do not be- owned businesses are still underrep- Florida (Mr. CANADY). lieve that, come and see me after we resented in the construction industry. Mr. CANADY of Florida. Mr. Chair- have got through here. I have got some The Senate recognized the validity of man, I thank the gentlewoman for swampland for sale. the program when it defeated Senator yielding. I do not understand why we have to MCCONNELL’s efforts to eliminate the We are hearing a lot of things today debate this issue and try to not be program. The Roukema amendment about what is happening and what is seemingly aware that there is some in- will have a devastating effect on the not happening. One of the things that equities. Why would we want to do opportunities for DBEs to participate is important for us to understand is this? It is permissive. It is a goal. We in federally funded highway and transit what affirmative action originally have the opportunity to do what is projects. I urge my colleagues to op- meant. If we go back to what President right. I hope that we will defeat this pose the Roukema amendment to Kennedy said when he issued the origi- amendment. eliminate the DBE included in nal affirmative action executive order, Mrs. TAUSCHER. Mr. Chairman, I BESTEA. it involved this provision. It said, ‘‘The yield 1 minute to the gentleman from Mrs. TAUSCHER. Mr. Chairman, I contractor will take affirmative action Virginia (Mr. SCOTT), ranking member yield 2 minutes to the gentleman from to assure that applicants are employed of the Subcommittee on the Constitu- Massachusetts (Mr. KENNEDY). and that employees are treated during tion. Mr. KENNEDY of Massachusetts. Mr. employment without regard to their Mr. SCOTT. Mr. Chairman, we know Chairman, I have heard the debate on race, creed, color, or national origin.’’ exactly what will happen if this amend- the House floor and I hear a lot of talk Without regard to their race, creed, ment is passed. Similar legislation was about free enterprise and free markets. color, or national origin. That is the passed before and the result is always I would like to point out that it was principle of nondiscrimination. That is the same. Opportunities for minorities President Ronald Reagan that signed the principle of affirmative action as it and women will disappear. For exam- this bill into law. The fact of the mat- was originally embodied in the policy ple, in Michigan, when they eliminated ter is that if we look at the system we of this land, and that is the policy of their program, minority businesses have in place today, what we have in this amendment. were totally shut out of billions of dol- place is very simple. We have socialism Mrs. TAUSCHER. Mr. Chairman, I lars of State contracting dollars. for white contractors and free enter- yield such time as she may consume to Mr. Chairman, we do not live in a prise for everybody else. the gentlewoman from Texas (Ms. color-blind world. According to a study Let us look at the whole idea of what JACKSON-LEE). by the Department of Transportation, goes behind this. If we have got some (Ms. JACKSON-LEE of Texas asked and a white-owned construction firm will idea that we want to have a poor black was given permission to revise and ex- likely receive 50 times more bonding entrepreneur in Boston or California tend her remarks.) authority than an identically situated or, yes, New Jersey bid on one of these Ms. JACKSON-LEE of Texas. Mr. black-owned firm. contracts, if we want a woman to feel Chairman, I thank the gentlewoman In addition, we know that minorities that she can compete, how are they for yielding to me. and women are discriminated against going to do it? We have an entire tax The Roukema amendment turns back in access to capital and are still ex- system that allows you to depreciate the clock and destroys the very viable cluded from many business opportuni- all of your equipment as a contractor. constitutional DBE program. I rise in ties and social circles where many im- You cannot walk in and start a new vigorous opposition. portant business decisions take place. construction company and be able to Mr. Chairman, I am rising today to speak That is why white males who represent bid on any of these Federal contracts against the Roukema Amendment that would one-third of the population already get and be able to effectively compete. If abolish the Department of Transportation's over 90 percent of the contracts. you start up with all the capital re- Disadvantaged Business Enterprise Program. This amendment does nothing to deal quirements that are necessary to bid For almost two decades, the DOT's DBE Pro- with that vile discrimination. We can on these big jobs, there is no way that gram has been providing equal opportunities dress up this amendment by describing unless you are already in the club you for women and minorities competing for high- it in glowing rhetorical terms, but we can get in the club. way and transit contracts. By reaching out to know what it will do. It will devastate So what we do is we pretend, by a lot women and minority-owned firms and fostering the future opportunities for minorities of rhetoric, that if we take a program business relationships, the program has coun- and women. Therefore, Mr. Chairman, I that has no quotas, that has no time- tered the effects of discrimination and good ask for a no vote on this amendment. tables, that just says that if there is a old boy networks which have been road Mrs. TAUSCHER. Mr. Chairman, I qualified minority or a qualified blocks for many legitimately competitive minor- yield 1 minute to the gentleman from woman that wants to bid on a contract, ity-owned businesses. Texas (Mr. LAMPSON). we ought to provide her or him or that The fact remains that as a result of contin- Mr. LAMPSON. Mr. Chairman, I ada- individual with a competitive environ- ued discrimination, women and minority- mantly oppose the Roukema amend- ment in order to get it. It has not less- owned firms remain underrepresented in the ment to strike provisions of BESTEA ened the quality of the workmanship of construction field, even today. Now is not the that continue the Transportation De- our highway program throughout the time to discontinue DOT's equal opportunity partment’s Disadvantaged Business En- Nation. In fact, it has strengthened it. program. It is still an essential tool in paving terprises Program. I represent the part What we are doing, make no mistake the road to equal opportunity for many ``so- of Houston which is currently em- about it, is we are saying this is for called'' disadvantaged businesses. This pro- broiled in a lawsuit regarding this white boys only. That is all this gram does not impose quotas or set-asides of exact program. In fact, the citizens of amendment is about. It is trying to any kind on those seeking to receive a gov- Houston overwhelmingly supported a say, we are going to put up a wall be- ernment contract, it merely gives the govern- referendum to continue the DBE pro- tween women and minorities and the ment a reachable goal to achieve and a stand- gram as recently as this spring. Hous- work and the taxes that they pay in ard to measure in regards to women and mi- ton is not in a vacuum. This is an issue order to be able to build our highway nority participation in our vast federal eco- that has captured the attention of cit- system. nomic apparatus. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2007 Furthermore, the Adarand decision has put Mrs. ROUKEMA. Mr. Chairman, I Mrs. TAUSCHER. Mr. Chairman, I forth a clear groundwork of which affirmative yield 11⁄2 minutes to the gentleman yield 1 minute to the gentleman from action programmatic agendas genuinely from Maryland (Mr. EHRLICH). New Jersey (Mr. ANDREWS). produce diversity without unfairly harming oth- Mr. EHRLICH. Mr. Chairman, I felt (Mr. ANDREWS asked and was given ers and which do not. The law is clear, affirm- compelled to come over here just to permission to revise and extend his re- ative action is neither illegal nor inappropriate. congratulate the gentlewoman for not marks.) It is frankly a necessary means in trying to indulging in threats and for not being Mr. ANDREWS. Mr. Chairman, I achieve true multi-cultural and multi-gender di- politically correct and for doing the thank my friend from California for versity amongst those people this government right thing and for having the guts to yielding me the time. chooses to do business with. The DBE pro- stand up and speak her mind. And I I rise in strong opposition to this gram is about creating points of access and congratulate the gentleman from Cali- amendment. The program under con- opportunity for those groups who would other- fornia for his usual articulate manner sideration here is not a perfect pro- wise not have them. We have mended affirm- with respect to this issue. gram, but we are not a perfect Union ative action to meet the needs of our changing Mr. Chairman, we know what quotas either. One of the ways that we are im- world and its law, but we can not end it. Op- do. And quota language is in the bill. It perfect is that people have not had real economic opportunity. They have been portunity is as essential to success in this is a fact. And the gentleman from Flor- shut out. If we leave this program in world as air is in our lungs; give people a fair ida talked about the history of quotas place, people will have the chance to be chance to maximize their potential. Vote down in this country, and facts are dan- gerous. Facts are particularly dan- included and participate. the Roukema Amendment. This amendment is But perhaps even more importantly bad for Texas and bad for Houston. This is gerous on this floor. Quotas lead to taxpayers getting the short run, and we than what this program does for people not reverse discrimination. is we should oppose the amendment for Mrs. TAUSCHER. Mr. Chairman, I all know it. Low bidders are subject to what it says to people. Do we really be- yield 2 minutes to the gentleman from reverse discrimination, as the gentle- lieve and are we really prepared to say Texas (Mr. EDWARDS). woman originally stated. that enough has been done, that women Mr. EDWARDS. Mr. Chairman, this The American people lose in the and people of color and people that highway bill will spend over $200 billion process, and the American people are have been left out of this process have of taxpayers’ money. The fact is that divided again in the process. If there is enough now, that we have gone as far well over half of those taxpayers are anything we can least afford in these as we can go and have done all that we women and minorities. days and times is to again divide the It is only a matter of basic fairness American public. can do to rectify decades of discrimina- Civil rights should mean and always tion in this country? that groups comprising a majority of mean equal rights. That is what it used I think the answer to that question is American taxpayers should have a real- to mean before PC came about. I truly ‘‘absolutely not.’’ We have a long way istic chance to compete for 10 percent congratulate the gentlewoman from to go. The approval of this amendment of the highway programs paid for by New Jersey, whom I am very proud to would be a step in the wrong direction. their tax dollars. It was that very fun- serve with on the Committee on Bank- The defeat of this amendment is a step damental issue of fairness that caused ing for doing the right thing for all of in the right direction. I urge its defeat. 58 Democrats and Republicans in the the American people. Mr. Chairman, I rise to oppose the amend- other body to vote ‘‘no’’ on this unfair Mrs. TAUSCHER. Mr. Chairman, I ment offered by my colleague from New Jer- amendment. yield 1 minute to the gentlewoman sey, which would end the Transportation De- The DBE program is not a quota. I from Florida (Ms. Brown). partment's efforts to give disadvantaged busi- oppose quotas. But what is good for Ms. BROWN of Florida. Mr. Chair- nesses the opportunity to bid for transportation America and good for our highway pro- man, today I rise in opposition to this contracts. gram is that when we are spending bil- amendment. The vote on this amend- The current law promotes economic growth lions of American taxpayer dollars we ment is a no-brainer. Even though and advances social justice through the Dis- should at least make it a goal to not today might be April Fools, in 14 days advantaged Business program, by giving dis- exclude women and minorities from it will be tax time; and on this day, advantaged businesses the chance to com- these programs. That is the right thing every single person will contribute pete for up to 10% of federal transportation to do. their share to the pot. spending, which would be as much as $20 bil- Mr. Chairman, I have heard a few This pot reminds me of my grand- lion over the next five years. Many small busi- Members today talk about reverse dis- mother’s sweet potato pie. We all con- nesses have been unable to participate in fed- crimination in the highway business. tribute to that pot every year. So when eral transportation contracting in the past, in- Well, I have a suggestion for them: Go it comes time to cut it up, we should cluding companies owned by minorities, across this country and visit highway all get a piece. That includes women women, people with disabilities, and others. contractors and come back to me and and minorities. Women and minorities These companies deserve a chance to get tell me if they really think there are contribute their share to the Federal started in the process, to get their first con- too many Hispanics and African-Amer- Government, so why should they be ex- tract, and to begin growing and hiring more icans and women owning and managing cluded from getting part of the goods workers. This is the best way to create jobs highway contractor firms. And while and services? and promote justice. they are at it, take a look at those The DBE program is simply one tool The Roukema Amendment would undercut States who had gotten rid of goals and to make sure that we are on a level the goals of growing the economy and ensur- see what has happened. Then they and playing field when it comes to compet- ing justice. This proposal would cut out many I can talk about real discrimination. ing. Vote ‘‘no’’ on this amendment. of these disadvantaged businesses that de- Mr. Chairman, I have reservations Mrs. ROUKEMA. Mr. Chairman, may serve a chance to get their foot in the door. about this bill, quite frankly. To all of I ask how much time is remaining on The Roukema Amendemnt embraces the rhet- those supporting this actively, I would each side, please? oric of affirmative action, but it would abolish suggest that the passage of this amend- The CHAIRMAN (Mr. HASTINGS of the current practice of affirmatively reaching ment would be seen as an insult by the Washington). The gentlewoman from out to help disadvantaged businesses get a vast majority of Hispanics, African- New Jersey (Mrs. ROUKEMA) has 6 min- fair start. Americans, and women in this House utes remaining, and the gentlewoman This amendment eliminates a law which voting, at least right now, planning on from California (Mrs. TAUSCHER) has guarantees that the government works to in- voting for this bill. 71⁄2 minutes remaining. clude people who have been excluded from a If they want to see the wheels fall off Mrs. ROUKEMA. Mr. Chairman, and I program which builds our economy and builds this highway bill today, simply pass will have the right to close? small businesses. This disadvantaged busi- this amendment, sit back and watch. The CHAIRMAN. The gentlewoman ness law is the only approach that works. It This amendment is not about quotas. from California (Mrs. TAUSCHER) has works to build the best roads in the world, and It is not about reverse discrimination. the right to close. it works to give minorities, women, people with It is about simple fairness. Vote ‘‘no’’ Mrs. ROUKEMA. Mr. Chairman, I re- disabilities, and other disadvantaged Ameri- on this amendment. serve the balance of my time. cans a chance to compete for contracts. When H2008 CONGRESSIONAL RECORD — HOUSE April 1, 1998 they win these bids, these companies create I think the Roukema amendment I would simply say that I think our jobs for disadvantaged citizens across our does exactly that. It removes the un- colleagues have been listening to this country, at the same time they are helping to constitutional provision that sets up a debate, but in no way are we denying build the highest-quality highways for our peo- quota and says that certain contracts affirmative action. We are really mend- ple. It is a grave mistake to think that we can will not be awarded based on merit, ing it and bringing it up to date be- do without it. based on free competition, not based on cause it has resulted in unintended For these reasons, I strongly oppose the what color your skin is or whether you consequences. And my amendment Roukema Amendment and urge my colleague are a woman, not a man. That is wrong carefully protects outreach, as well as to vote against it. and needs to be removed from law. the civil rights and anti-discrimination Mrs. TAUSCHER. Mr. Chairman, I What her amendment does, which is elements of affirmative action and lit- yield 1 minute to the gentlewoman absolutely necessary, is puts into place erally goes back to our original inten- from California (Ms. MILLENDER- an effective affirmative action program tion. As we know now, the courts are MCDONALD). that says we are going to reach out to clearly coming to terms with this. And Ms. MILLENDER-McDONALD. Mr. disadvantaged contractors, reach out if we do not act upon it, the courts cer- Chairman, I thank my colleague from to minorities, reach out to women and tainly will. California for yielding to me. make available to them every oppor- Mr. Chairman, I reserve the balance A distinguished Member of this tunity to compete on a free and equal of my time. House once wrote that ‘‘In politics we basis. Mrs. TAUSCHER. Mr. Chairman, I have no permanent friends, no perma- I heartily encourage my fellow col- yield 1 minute to the gentlewoman nent enemies, just permanent inter- leagues to vote for the Roukema from Florida (Mrs. MEEK). ests.’’ It gives me no great pleasure to amendment. (Mrs. MEEK of Florida asked and was rise in opposition to one of my Women Mrs. TAUSCHER. Mr. Chairman, I given permission to revise and extend Caucus colleagues, but I do have per- yield 1 minute to the gentleman from her remarks.) manent interests, and that is the eco- Texas (Mr. RODRIGUEZ). Mrs. MEEK of Florida. Mr. Chair- nomically disadvantaged. Mr. RODRIGUEZ. Mr. Chairman, we As the co-chair of the Women-owned have to recognize that there is still dis- man, it is amazing the fundamental ig- Business of the Women’s Caucus, I held parity out there. And if we do not rec- norance that goes behind this amend- a hearing the top of the year because ognize it, we do not see it. ment and particularly to people who women were complaining that, though For them to stand up there and talk have responded in debate tonight. we have mandated about 5 percent of in terms of being in favor of affirma- First of all, it is very obvious that the procurement contracts, they have tive action, in favor of trying to do the they do not know that there are no only gotten 1.8 percent of the con- right thing reminds me of the slave quotas in this bill. There are no quotas tracts. owner who basically said, you are bet- in this bill. They feel that there are. This is what DBE is all about. It al- ter off in slavery because we will be They feel that there are some set- lows women and others, irrespective of able to take care of you. It is appalling asides. There are no set-asides in this their race, the opportunity to apply for in terms of the comments that I hear bill, only goals. They do not under- contracts if they qualify. The DBE pro- when I stand up here before my col- stand, obviously, that this bill is not gram is not a set-aside, it is not leagues. all for minorities and women. It is for quotas, it is simply giving them an op- It is not a quota. We need to recog- disadvantaged. Anyone can be dis- portunity to qualify for contracts for nize the fact that there is preferential advantaged. Even some white males those who are economically disadvan- treatment that is occurring out there have been disadvantaged. taged. and that is discrimination that is hap- So this is a spurious argument that The disadvantaged business enter- pening, and we need to see how we can they are using here today. It is not prise provisions of BESTEA are sound best respond to that. And this program even based on fact. If they are trying and were passed out by the full com- is one of the programs that has been to bring to the floor a bill which one of mittee with bipartisan support. I join proven to make sure that the individ- our colleagues from Florida has been the Senate in saying ‘‘no’’ on the Rou- uals have an opportunity to be able to trying to tack onto everything that kema amendment and ‘‘yes’’ for mov- participate. has come through this House, then do My colleagues cannot tell me that ing an agenda for women-owned busi- it. But this is no way to do it. They are women are having a fair deal out there, nesses. doing it on a bill that is going to bene- because they are not; and for my col- Mrs. ROUKEMA. Mr. Chairman, I fit a lot of people in this particular leagues to stand up there to say that yield 11⁄2 minutes to our colleague, the body. they are is contrary to what is actually gentleman from Indiana (Mr. So if that is what they are doing to happening. It is contrary to what the MCINTOSH). statistics will show and tell us. I would try to kill the transportation bill, then Mr. McINTOSH. Mr. Chairman, I kill it. But kill it in such a way that is want to thank the gentlewoman from ask that my colleagues consider what has been done too. noble and noteworthy and not cloaked New Jersey (Mrs. ROUKEMA) for bring- To say that it is contrary to the Su- behind something that is not true. ing this amendment to the floor, and I preme Court decision, I would ask my I say to each of my colleagues to vote wholeheartedly support it. colleagues to also consider the Adarand against this bill. This is a terrible bill, Let us be very clear. The Supreme decision, because this particular deci- and they know it. They have got one of Court has stated that the current set- sion does not deal with this particular their moderates to present it, but it is aside program is unconstitutional be- item, and it is a safe item, and we presented under the wrong title. cause it violates the 14th amendment should continue to support it. b 1815 guarantee that all Americans will be Mrs. ROUKEMA. Mr. Chairman, I treated equally regardless of race, yield myself such time as I may con- Mrs. TAUSCHER. Mr. Chairman, I color, or gender. By setting aside a cer- sume. yield 1 minute to the gentleman from tain number of contracts to be allo- I am afraid the gentleman from California (Mr. FAZIO). cated on those bases, current law flies Texas is the only one that I know of Mr. FAZIO of California. Mr. Chair- in the face of our constitutional man- who interprets the Adarand decision man, despite an overwhelming biparti- date that all Americans be treated that way. san defeat in the Senate, unfortunately equal under the law. Mr. Chairman, what is the balance of we have before us another attempt to Now, President Clinton has suggested my time? gut a program that gives women and that we need to mend, not end, affirma- The CHAIRMAN. Each side has 41⁄2 minorities the chance to compete for tive action to bring it in compliance minutes remaining. The gentlewoman Federal highway dollars. with the Supreme Court rulings and to from California (Mrs. TAUSCHER) has The Disadvantaged Business Enter- bring it in compliance with our notion the right to close. prise program works. It puts women that has been since the founding of our Mrs. ROUKEMA. Mr. Chairman, I and minorities to work. It gives them country that every person is of equal yield myself such time as I may con- the chance to compete in an industry dignity. sume. that has traditionally shut them out. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2009 It is not a quota. It is not a set-aside. granting a preference. This is the nub they fit the right quota; you cannot If it were, do we really think that Ron- of this thing. Should an American citi- say that anymore. ald Reagan’s administration would zen be discriminated against? Should So my colleagues come down here have created this program? I think a an American citizen be discriminated and misdescribe what she does. What not. for by their own government? Should she does is very straightforward. It is The highway bill offers so much to so the Government of the United States right here, and my colleagues cannot many. It is wrong to turn back the say to you, well, you were the lowest refute it. She says the Government of clock on women and minority-owned competitive bidder, but you did not fit the United States will not discrimi- businesses. Let us not put a tollgate on the preference this week. nate. the road to opportunity for these aspir- Let me point out, in California, when When I was an Army brat growing up ing entrepreneurs. this broke down, when Senator CAMP- from Pennsylvania to Kansas to France We can further refine this program. BELL at that time first got involved in to Germany, and I arrived in Georgia As the President has said, mend it, do this fight, it was because it was Asian in 1960, we had government-imposed not end it. But this amendment goes women who were being discriminated segregation. It was totally wrong. I too far. I urge a ‘‘no’’ vote and, frank- against at law school and could not get have lived in an integrated system ly, a return to the kind of bipartisan in because the quota was filled. And it called the United States Army, and I spirit that has allowed us to begin to was Asian women who were being dis- go into an integrated system called make some progress against the legacy criminated against, not white males, military dependent schools. of discrimination. This program should not the old boy network. They frankly But to set up a new system of dis- be reaffirmed and not eliminated. were not studying enough. But Asian crimination, to set up a new approach Mrs. ROUKEMA. Mr. Chairman, I women. by which the Government of the United just want to set the record straight. So let us go ahead. What does the States cheats the people of this coun- Nobody sought me out as a moderate, gentlewoman from New Jersey (Mrs. try, no longer gives away the contract dirty word, moderate to do this amend- ROUKEMA) do? She says it is a ‘‘prohibi- to the lowest competitive bidder, but ment. I have been advocating this pro- tion against discrimination or pref- picks out a political winner. cedure for more than a year. In addi- erential treatment.’’ We have been told So we say to our children, do not go tion, the Senate proposal was not this by our friends over here they do not and study engineering, study how to proposal at all, the one that was de- have any preferential treatment. There fill out the application. Do not go and feated. It was a far more complicated is no quota. study business, fill out how to make one. It created a whole new program. It All right. What would the gentle- sure you are in the right quota. We saw it happen in San Francisco was not my amendment that was de- woman from New Jersey (Mrs. ROU- when people began to apply as firemen feated. KEMA) do? She says no governmental Mr. Chairman, I yield the balance of entity, the very government of our own and had new ancestors who happened to fit the quotas. my time to Speaker GINGRICH. country, no governmental entity shall, So I want to commend the gentle- The CHAIRMAN. The gentleman in connection with a transportation woman from New Jersey. This is the from Georgia, the Speaker of the contract, in other words, in giving out right step. It is very simple. The Gov- House, is recognized for 31⁄2 minutes. the money of the American people, the ernment of the United States should Mr. GINGRICH. Mr. Chairman, I hope Government of the United States shall not discriminate against any Amer- that everybody who is listening care- not, one, ‘‘intentionally discriminate ican. The taxpayers of the United fully to this debate has listened to our against, or grant a preference to, any States should expect that the lowest good friends over here, because they person or group based in whole or in competitive bidder will get the grant. are now caught in an inherent con- part on race, color, national origin, or I urge a ‘‘yes’’ vote for the Roukema tradiction. They say to us they are sex,’’ which by the way is what Hubert amendment. against quotas. Member after Member Humphrey said in 1964 was the essence Mrs. TAUSCHER. Mr. Speaker, I got up and said, ‘‘I am against quotas.’’ of the Civil Rights Act. have here a letter from the President They say to us there is nothing in this So what does this say? We are not of the United States sent by fax this program that is a quota. They say to going to ask you to tell us that you are morning from Dakar where he says, us, ‘‘We are against the government black. We are not going to ask you to The DBE program is not a quota. The ex- discriminating.’’ They say there is tell us you are white. We are not going isting statute explicitly provides the Sec- nothing in this program that requires to ask you to tell us that you are retary of Transportation may waive the 10 the government to discriminate. Asian. We are not going to ask you to percent goal for any reason and that this I want to thank the gentlewoman tell us you are Hispanic. benchmark is not to be imposed on any State from New Jersey (Mrs. ROUKEMA), for We are going to ask you to tell us or locality. having the courage to stand up here what will you charge for this contract. Mr. Chairman, I yield the balance of and to offer a very, very important And the lowest competitive bidder my time to the distinguished gen- amendment. Notice what it says. It should get the contract. Why should tleman from Minnesota (Mr. OBER- says it is for affirmative action. Af- the lowest competitive bidder be told, STAR), ranking member of the commit- firmative action: ‘‘to expand the appli- well, you know, you would build the tee. cant pool for transportation contracts best highway, you would do the best The CHAIRMAN. The gentleman in order to increase competition; to en- job for the taxpayer. You went to from Minnesota is recognized for 2 min- courage participation by businesses school and you learned how to do it utes. owned by women and minorities in bid- and you worked hard and you founded Mr. OBERSTAR. Mr. Chairman, when ding for transportation contracts.’’ your own little company, and, you all else fails, read the language of the Affirmative action: ‘‘to recruit quali- know, you would have gotten the con- legislation. The inherent contradiction fied women and minorities into the ap- tract, but this week you do not fit. that our esteemed Speaker talked plicant pool for transportation con- Oh, it is not a quota anymore. I am about is in the amendment itself, not tracts.’’ And it goes on to say, an af- not sure what you all would call it. A in the arguments on this side. The in- firmative action ‘‘to encourage trans- preference, a ripe banana, a kumquat. I herent contradiction is that the portation contractors to request busi- mean, what is this year’s code word? amendment goes on for line after line nesses owned by women and minorities What is the newest phrase? Because talking about all the good things it to bid for transportation contracts’’ you cannot defend quotas. You know wants to do. Then in the end it defines and affirmative action ‘‘to include you cannot get up here and say, yep, I preference in the last four lines as an qualified women and minorities into an want to make sure my political friends advantage of any kind, a quota, set- applicant pool for transportation con- that give to my campaign get a quota. aside, numerical goal, timetable, other tracts.’’ Everything we are told our Yep, I want to make sure that my numerical objective. Does it also mean friends over here believe in. friends get their contract, even if they outreach? They want to protect out- But here is what it then goes on to are not the lowest bidder. Yep, in fact reach? They do not do that in this leg- say. It then says, but it cannot involve they could be the highest bidder, but if islation. H2010 CONGRESSIONAL RECORD — HOUSE April 1, 1998 The DBE program has worked won- Mr. TOWNS. Mr. Chairman, I rise in strong ironic that the GOPÐwho recently led the ef- derfully for the 6 years of ISTEA. The opposition to the Roukema Amendment to the fort that resulted in renaming Washington Na- 10 percent goal is a national target. Building Efficient Surface Transportation and tional Airport to the Ronald Reagan National State and local recipients of DOT funds Equity Act to eliminate the Disadvantaged AirportÐnow seeks to eliminate a vital pro- set their own goals for DOT participa- Business Enterprise Program. I strongly sup- gram which President Reagan himself signed tion and construction projects based on port the DBE Program which was first signed into law. The Department of Transportation's the availability of disadvantaged busi- into law by President Reagan in 1983. The Disadvantaged Business Enterprise (DBE) nesses in their markets. There is no ab- goal of the DBE Program is to eradicate the Program is about providing opportunitiesÐan solute requirement that a particular lingering effects of discrimination in the con- ideal our Republican colleagues often cham- goal be met. struction industry, and provide equal opportu- pion as one of their goals. It is not about In fact, it is very acceptable business nities for minority and women-owned business quotas, set asides, unqualified businesses re- practice to set goals. Goals are a stand- to compete for federal highway and construc- ceiving preferential treatment, nor about viola- ard tool of good management world- tion contracts. tions of Supreme Court rulings. wide. But by prohibiting goals, the Although the playing field is still far from The DBE program was created by Section amendment prevents States and local- level, we have made progress since the incep- 105 (f) of the Surface Transportation Act of ities from measuring progress against tion of the DBE Program. The percentage of 1982 (P.L. 97±424) in order to increase the discrimination. That is what this is all women and minority-owned firms participating share of qualified, ``socially and economically about, progress against discrimination. in the construction of America's highways has disadvantaged'' businesses in the transpor- I have heard all sorts of conversation increased. By reaching out to minority and tation construction industry. Under the pro- today from the advocates of this women-owned firms and forging business rela- gram, state Departments of Transportation amendment about freedom, freedom to tionships, this program has been successful in choose, freedom to move, mobility. Let and state and local mass transit agencies countering the effects of ``good old boys'' net- must establish a goal of awarding 10 percent me just say, Mr. Chairman, rich and work. Despite the success of the DBE pro- poor alike have the freedom to leap of all funds spent on federal-aid highway gram, non-DBE firms still get over 85% of fed- projects to certified firms owned by ``socially under a bridge. Only the poor wind up eral highway and construction contracts. If we under the bridge. Do not stuff people and economically disadvantaged individuals.'' eliminate this program now, we will reverse However, if a state agency or prime contractor under a bridge with this amendment. modest gains for women and minorities in the Let us defeat this amendment. Let us is unable to find enough qualified subcontrac- construction industry. tors to reach the goals, they are allowed to stand up for what is good in America Make no mistake, when Members say that apply for a waiver to lower the goal. There are and give poor, minorities, women, an they want to eliminate this program in order to no penalties or sanctions for failure to meet a opportunity to bid on this great high- ensure fair competition for all firms, including way program, this $270 billion program goal. those owned by minorities and women, they The Roukema amendment would gut DOT's of ours that moves America forward are deliberately misleading the American peo- ability to address a problem that still plagues into the next century. ple. If they do not believe that discrimination our nation: the paucity of minority and women- Mr. DELAY. Mr. Chairman, I rise in support exists in the construction industry, they are owned firms who receive transportation dol- of this amendment. blind. If they do not believe that majority- lars. For those who naively believe that Amer- BESTEA is a terrific bill. I salute Chairman owned firms, advantaged by a network good ican has fully realized her dream of a color- Shuster and his committee for the many hours old boys, have a historical advantage, they are blind society, a society in which there no of hard work they put in on this bill over the either blind or naive, or both. If they say that longer exists a need to ensure an equitable last year. elimination of the DBE Program will not result I thank the committee for including a very playing field in the economic marketplace for in a sharp decline in the percentage of minor- important provision which will exempt from disadvantaged persons, I submit that they are ity and women-owned firms participating in federal DBE requirements any transit authori- federal construction projects, they are insin- mistaken. Discrimination is alive and well and ties that are under court order preventing them manifesting itself through the difficulties mi- from complying with these requirements. cere. Mr. Chairman, both the Reagan and Bush norities and women continue to face in secur- This is a step in the right direction, but it ing access to contracts and capital. doesn't quite go far enough. administrations supported the Disadvantaged Business Enterprise Program. The President, Consider that minorities make up 20 percent It is time to completely put an end to dis- of the population, yet represent only 9 percent crimination in the awarding of transportation under the stewardship of Transportation Sec- retary Rodney Slater, has urged Congress to of all construction firms and 5 percent of all contracts. construction receipts. Women own one-third of Mr. Chairman, race-based discrimination is continue its support for the DBE Program. The DBE program does not impose quotas or set- all firms, but receive only 19 percent of the wrong. And gender-based discrimination is business receipts. White-owned construction wrong. And it is wrong regardless of whether asides. Instead, it simply sets a national goal that 10% of highway and transit funds be used firms receive 50 times more loan dollars than the victim is male, female, black, or white. black-owned firms with identical equity. The DBE program is a federally-mandated for services rendered by disadvantaged busi- nesses. However, the goals are flexible. The Without goals, women- and minority-owned quota program that commands highway and businesses have been shut out of transpor- transit contractors to discriminate based on program allows state and local governments to tation construction projects. In 1989 in Michi- race and gender. set their own goals based on the numbers of gan, within nine months of terminating the A federal court in Texas recognized that this disadvantaged businesses in their markets. kind of discrimination is wrong when it ordered And a state can waive the goal if it cannot find state DBE program, no minority businesses the city of Houston's metro transit authority to a qualified disadvantaged business. received contracts. Seven years later, in 1996, cease awarding contracts based on race and The DBE program is consistent with Presi- DBEs still had received no more than 1.1 per- gender. dent Clinton's ``mend it, don't end it'' policy on cent of state highway contract dollars. Houston METRO complied with this court affirmative action, and the Supreme Court's These disturbing statistics further under- order, and as a result, it went 18 months with- Adarand decisions which allowed the use of score the reality that America has yet to reach out its share of federal funding. affirmative action programs by the federal gov- the honorable state of a truly color-blind soci- The BESTEA bill prevents this kind of thing ernment to meet a ``compelling government in- ety, and that in order to ensure absolute parity from happening again. It guarantees that tran- terest'' to combat the ``lingering effects of dis- in the contracting process, we must legislate sit agencies will not lose their funding when a crimination.'' fairness through programs such as the one court orders them not to discriminate. That's I urge my colleagues to follow the lead of before us today. Think about the following ex- great. I support that. the House authorizing Committee, which rec- ample: since the inclusion of women in the If we pass this amendment, we will take an ommends that this program be continued. I DBE program in 1987, women have enhanced even bigger step in rooting out discrimination. urge you to follow the Senate's lead, which their procurement dollars by approximately Getting rid of the DBE program will ensure voted overwhelmingly to retain it. And finally, 175 percent. In FY 1994, the DBE program that agencies continue to receive funding if I urge my colleagues to follow the lead of the generated nearly $87 million in contracting op- they refuse to discriminateÐeven without a two past Presidents and our current President, portunities for women-owned businesses. court order. all of whom support this valuable program. I These contracting opportunities resulted in the I urge my colleagues to stomp out govern- urge the rejection of this amendment. creation of 62,000 new jobs. When racial/eth- ment-enforced discrimination. I urge them to Mr. DIXON. Mr. Chairman, I rise in strong nic minority-owned firms are added, the DBE vote yes on this amendment. opposition to the Roukema amendment. How program in FY 94 generated $3.4 billion and April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2011 resulted in the creation of approximately 171 percent. During that same time period, Linder Pickering Smith (TX) Livingston Pitts Smith, Linda 146,000 new jobs. contracts to women-owned businesses in- LoBiondo Pombo Snowbarger This program does not set aside a specific creased from 2.6 percent to 6.7 percent in Lucas Porter Solomon amount of money for any one population 1996. Manzullo Portman Spence group, nor does it guarantee that a specific McCollum Pryce (OH) Stearns As of 1996, there were more than one mil- McCrery Ramstad Stenholm number of businesses will receive contracts. lion women-owned businesses in the state of McHugh Redmond Stump And let me reiterate: there are no penalties for CaliforniaÐthat is a 77.7 percent growth since McInnis Regula Sununu not meeting the 10 percent goal. This amend- 1987 when Ronald Reagan signed into law McIntosh Riggs Talent ment is strongly opposed by the Administra- McKeon Riley Tauzin the inclusion of women in the DBE program. Metcalf Rogan Taylor (MS) tion, and the Senate recently defeated a simi- In California, women-owned businesses re- Mica Rogers Taylor (NC) lar amendment by a vote of 58 to 37. I share ceived less than 4 percent of the DBE dollars. Miller (FL) Rohrabacher Thomas the view of Transportation Secretary Rodney We need the DBE program. White-owned Moran (KS) Roukema Thornberry E. Slater who has said that ``[r]emoval of the Myrick Ryun Thune construction firms received 50 times as many Nethercutt Salmon Tiahrt DBE program from H.R. 2400 would be a seri- loan dollars as black-owned firms with iden- Neumann Sanford Upton ous blow to our efforts to assure fundamental tical equity. At least 492 firms have grown Ney Saxton Wamp fairness to the citizens of this country.'' I urge Northup Scarborough Watkins from subcontractors to prime contractors after Norwood Schaefer, Dan Weldon (FL) defeat of this amendment. entering the DBE program. Nussle Schaffer, Bob Weldon (PA) Ms. MILLENDER-MCDONALD. Mr. Chair- The Senate voted 58 to 37 to defeat an Oxley Sensenbrenner Weller man, a distinguished Member of this House Packard Sessions White amendment to replace the DBE program. I once wrote that ``in politics, we have no per- Pappas Shadegg Whitfield urge the House to follow their bipartisan lead manent enemies, just permanent interests.'' It Parker Shaw Wicker and maintain this fair, effective and constitu- Paul Shimkus Wolf gives me no great pleasure to rise in opposi- tional program. Paxon Skeen Young (AK) tion to one of my Women's Caucus col- Pease Smith (MI) Young (FL) The CHAIRMAN. All time has ex- leagues, but I do have permanent interestsÐ Peterson (PA) Smith (NJ) pired. the economically disadvantaged. The Dis- NOES—225 advantaged Business Enterprise provisions of The question is on the amendment offered by the gentlewoman from New Abercrombie Fox McDermott BESTEA are sound and were passed out of Ackerman Frank (MA) McGovern the full Committee with bi-partisan support. Jersey (Mrs. ROUKEMA). Allen Frost McHale The DBE programs in this bill do not include The question was taken; and the Andrews Furse McIntyre Chairman announced that the noes ap- Baesler Gejdenson McKinney set asides or quotas. These DBE programs Baldacci Gephardt McNulty use a competitive bidding process to include peared to have it. Barcia Gibbons Meehan minority and women-owned businesses. RECORDED VOTE Barrett (WI) Gilchrest Meek (FL) Becerra Gilman Meeks (NY) As Co-Chair of the Women's Caucus Mrs. ROUKEMA. Mr. Chairman, I de- Bentsen Goode Menendez Women-Owned Businesses Legislative Task mand a recorded vote. Berman Gordon Millender- Force, I held a hearing on the lack of procure- A recorded vote was ordered. Berry Green McDonald ment opportunities for women-owned busi- Bishop Gutierrez Miller (CA) The CHAIRMAN. Pursuant to House Blagojevich Hall (OH) Minge nesses because women were complaining that Resolution 405, the Chair announces Blumenauer Hamilton Mink they did not have access to federal contracts. that he will reduce to a minimum of 5 Boehlert Harman Moakley The Disadvantaged Business Enterprise minutes the period of time within Bonior Hastings (FL) Mollohan program is fair, flexible and complies with the Borski Hefner Moran (VA) which a vote by electronic device will Boswell Hilliard Morella Supreme Court's ``strict scrutiny'' standard. It be taken on Amendment No. 2 offered Boucher Hinchey Murtha serves as the model program for federal agen- by the gentleman from Illinois (Mr. Boyd Hinojosa Nadler cies aspiring to extend contracting opportuni- Brown (CA) Holden Neal DAVIS) which will be taken imme- ties for women and minority-owned firms who Brown (FL) Hooley Oberstar diately after this vote. Brown (OH) Houghton Obey receive disproportionately fewer contracts and The vote was taken by electronic de- Capps Hoyer Olver subcontracts than their qualifications and abil- Cardin Jackson (IL) Ortiz vice, and there were—ayes 194, noes 225, ity warrant. Carson Jackson-Lee Owens It sets the goal of 10 percent of highway answered ‘‘present’’ 1, not voting 11, as Castle (TX) Pallone follows: Clay John Pascrell and transit funds be used for services ren- Clayton Johnson (CT) Pastor dered by disadvantaged businesses. State [Roll No. 93] Clement Johnson (WI) Pelosi and local governments then set their own AYES—194 Clyburn Johnson, E. B. Peterson (MN) Condit Kanjorski Petri Aderholt Coburn Goss goals based on the numbers of disadvantaged Conyers Kaptur Pickett Archer Collins Graham businesses in their local markets. And if a Costello Kelly Pomeroy Armey Combest Granger prime contractor cannot find a qualified dis- Coyne Kennedy (MA) Poshard Bachus Cook Greenwood Cramer Kennedy (RI) Price (NC) advantaged business, the state can waive the Baker Cooksey Gutknecht Cummings Kennelly Quinn Ballenger Cox Hall (TX) goal entirely. Danner Kildee Rahall Barr Crane Hansen Any individual owning a business may dem- Davis (FL) Kilpatrick Reyes Barrett (NE) Crapo Hastert onstrate that she or he is socially and eco- Davis (IL) Kim Rivers Bartlett Cubin Hastings (WA) Davis (VA) Kind (WI) Rodriguez nomically disadvantaged, even if that individ- Barton Cunningham Hayworth DeFazio Kleczka Roemer Bass Deal Hefley ual is not a woman or minority. In fact, busi- DeGette Klink Rothman Bateman DeLay Herger nesses owned by white males have qualified Delahunt Kucinich Roybal-Allard Bereuter Dickey Hill DeLauro LaHood Rush for DBE status. Bilbray Doolittle Hilleary Deutsch Lampson Sabo Since the inclusion of women in the DBE Bilirakis Dreier Hobson Diaz-Balart Lantos Sanchez Bliley Duncan Hoekstra program in 1987 under President Ronald Dicks LaTourette Sanders Blunt Dunn Horn Reagan, women have enhanced their procure- Dingell Lazio Sandlin Boehner Ehrlich Hostettler Dixon Leach Sawyer ment dollars by approximately 175 percent. Bonilla Emerson Hulshof Doggett Levin Schumer The participation of women and minority- Brady Ensign Hunter Dooley Lewis (GA) Scott Bryant Everett Hyde owned small and disadvantaged businesses in Doyle Lipinski Serrano Bunning Ewing Inglis federally assisted highway construction con- Edwards Lofgren Shays Burr Fawell Istook Ehlers Lowey Sherman tracting has grown from a mere 1.9 percent in Burton Foley Jenkins Engel Luther Shuster Buyer Fossella Johnson, Sam 1978 to 14.8 percent in 1996. English Maloney (CT) Sisisky Callahan Fowler Jones In fiscal year 1996, 6.7 percent of contracts Eshoo Maloney (NY) Skaggs Calvert Franks (NJ) Kasich were awarded to women-owned businesses Etheridge Manton Skelton Camp Frelinghuysen King (NY) Evans Markey Slaughter under the DBE program, generating $1.4 bil- Campbell Gallegly Kingston Farr Martinez Smith (OR) Canady Ganske Knollenberg lion for women-owned businesses and produc- Fattah Mascara Smith, Adam Chabot Gekas Kolbe ing 62,000 new jobs in highway and transit in- Fazio Matsui Snyder Chambliss Gillmor Largent Filner McCarthy (MO) Souder dustries. Chenoweth Gingrich Latham Forbes McCarthy (NY) Spratt Between 1987 and 1996, women-owned Christensen Goodlatte Lewis (CA) Ford McDade Stabenow businesses in the field of construction grew by Coble Goodling Lewis (KY) H2012 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Stark Torres Watts (OK) Hoyer McNulty Schumer Salmon Stearns Watkins Stokes Towns Waxman Hulshof Meehan Scott Sanford Stump Watts (OK) Strickland Traficant Wexler Hutchinson Meek (FL) Serrano Saxton Sununu Weldon (FL) Stupak Turner Weygand Jackson (IL) Meeks (NY) Shaw Schaefer, Dan Talent Wexler Tanner Velazquez Wise Jackson-Lee Menendez Shays Schaffer, Bob Tauzin White Tauscher Vento Woolsey (TX) Millender- Sherman Sensenbrenner Taylor (MS) Whitfield Thompson Visclosky Wynn John McDonald Shimkus Sessions Taylor (NC) Wicker Thurman Walsh Yates Johnson (CT) Miller (CA) Sisisky Shadegg Thomas Wolf Tierney Watt (NC) Johnson (WI) Minge Skaggs Shuster Thornberry Young (AK) Johnson, E.B. Mink Skeen Snowbarger Thune Young (FL) ANSWERED ‘‘PRESENT’’—1 Kanjorski Moakley Skelton Solomon Tiahrt Radanovich Kaptur Mollohan Slaughter Spence Wamp Smith (NJ) Kelly Moran (VA) NOT VOTING—13 NOT VOTING—11 Kennedy (MA) Morella Smith (OR) Cannon Klug Ros-Lehtinen Kennedy (RI) Murtha Smith (TX) Cannon Payne Smith (MI) Gonzalez LaFalce Royce Kennelly Nadler Smith, Adam Gonzalez Rangel Spratt Hutchinson Payne Waters Kildee Neal Smith, Linda Jefferson Ros-Lehtinen Waters Jefferson Rangel Kilpatrick Nussle Snyder Klug Royce Kind (WI) Oberstar Souder LaFalce Scarborough Kingston Obey Stabenow b b 1844 Kleczka Olver Stark 1853 Klink Ortiz Stenholm Mr. EWING and Mr. FOLEY changed Mr. Martinez and Mr. McDade Kucinich Owens Stokes changed their vote from ‘‘aye’’ to ‘‘no.’’ LaHood Pallone Strickland their vote from ‘‘aye’’ to ‘‘no.’’ Messrs. Dan Schaefer of Colorado, Lampson Pappas Stupak Mr. ORTIZ changed his vote from Tanner Young of Alaska, Snowbarger and Lantos Pascrell ‘‘no’’ to ‘‘aye.’’ Lazio Pastor Tauscher So the amendment was agreed to. Whitfield changed their vote from ‘‘no’’ Leach Pelosi Thompson The result of the vote was announced Levin Peterson (MN) Thurman to ‘‘aye.’’ as above recorded. Mr. Radanovich changed his vote Lewis (GA) Pickett Tierney Lipinski Pombo Torres The CHAIRMAN. It is now in order to from ‘‘no’’ to ‘‘present.’’ LoBiondo Pomeroy Towns consider Amendment No. 4 printed in So the amendment was rejected. Lofgren Poshard Traficant part II of House Report 105–476. The result of the vote was announced Lowey Price (NC) Turner Luther Quinn Upton AMENDMENT NO. 4 OFFERED BY MR. GRAHAM as above recorded. Maloney (CT) Rahall Velazquez Mr. GRAHAM. Mr. Chairman, I offer AMENDMENT NO. 2 OFFERED BY MR. DAVIS OF Maloney (NY) Redmond Vento an amendment. ILLINOIS Manton Reyes Visclosky Markey Rivers Walsh The CHAIRMAN. The Clerk will des- The CHAIRMAN. The pending busi- Martinez Rodriguez Watt (NC) ignate the amendment. ness is the demand for a recorded vote Mascara Roemer Waxman The text of the amendment is as fol- on the amendment offered by the gen- Matsui Rogers Weldon (PA) lows: McCarthy (MO) Rothman Weller tleman from Illinois (Mr. DAVIS) on McCarthy (NY) Roybal-Allard Weygand Amendment No. 4 offered by Mr. GRAHAM: which further proceedings were post- McDermott Rush Wise (a) HIGHWAY PROJECT AUTHORIZATION.— poned and on which the ayes prevailed McGovern Sabo Woolsey (1) In section 102(8), strike all after the par- by voice vote. McHale Sanchez Wynn enthetical and insert ‘‘$596,000,000 for fiscal McHugh Sanders Yates year 1998, $816,000,000 for fiscal year 1999, The Clerk will redesignate the McIntyre Sandlin $885,000,000 for fiscal year 2000, $885,000,000 for amendment. McKinney Sawyer fiscal year 2001, $885,000,000 for fiscal year The Clerk redesignated the amend- 2002 and $885,000,000 for fiscal year 2003.’’ ment. NOES—175 (2) In section 103(b), strike the ‘‘and’’ and RECORDED VOTE Aderholt Doolittle Largent all that follows after paragraph (7) and insert Archer Dreier Latham ‘‘and’’ after paragraph (6). The CHAIRMAN. A recorded vote has Armey Duncan LaTourette (3) Strike sections 127(b) and 127(c) and re- been demanded. Bachus Dunn Lewis (CA) designate sections of the bill accordingly. A recorded vote was ordered. Baker Ehrlich Lewis (KY) (b) TRANSIT PROJECT AUTHORIZATIONS.— The CHAIRMAN. This is a 5-minute Ballenger Everett Linder (1) In section 328(a) in the matter proposed Barr Ewing Livingston to be inserted as section 5338(b)(1) of title 49, vote. Barrett (NE) Foley Lucas The vote was taken by electronic de- Barton Fossella Manzullo strike all that follows after ‘‘to carry out section 5309’’ through the end of such sub- vice, and there were—ayes 242, noes 175, Bass Fowler McCollum Bateman Frelinghuysen McCrery section and insert ‘‘(1) $878,000,000 for fiscal not voting 13, as follows: Bereuter Gallegly McDade year 1998, (2) $964,800,000 for fiscal year 1999, [Roll No. 94] Bilirakis Ganske McInnis and (3) $1,045,200,000 for fiscal years 2000 Bliley Gekas McIntosh AYES—242 through 2003.’’ Blunt Gibbons McKeon (2) In section 329(a) strike ‘‘shall not ex- Abercrombie Clement Farr Boehner Goode Metcalf ceed’’ through the end of such subsection and Ackerman Clyburn Fattah Bonilla Goodlatte Mica Allen Condit Fawell Brady Goodling Miller (FL) insert ‘‘(1) $800,000,000 for fiscal year 1998; (2) Andrews Conyers Fazio Bryant Goss Moran (KS) $856,000,000 for fiscal year 1999; and (3) Baesler Costello Filner Bunning Graham Myrick $1,045,200,000 for fiscal year 2000–2003.’’ Baldacci Coyne Forbes Burr Granger Nethercutt (3) Strike sections 332 and 333 and redesig- Barcia Cramer Ford Burton Greenwood Neumann nate sections of the bill accordingly. Barrett (WI) Cummings Fox Buyer Gutknecht Ney The CHAIRMAN. Pursuant to House Bartlett Danner Frank (MA) Callahan Hall (TX) Northup Becerra Davis (FL) Franks (NJ) Camp Hansen Norwood Resolution 405, the gentleman from Bentsen Davis (IL) Frost Campbell Hastert Oxley South Carolina (Mr. GRAHAM) and a Berman DeFazio Furse Canady Hastings (WA) Packard Member opposed each will control 10 Berry DeGette Gejdenson Castle Hayworth Parker minutes. Bilbray Delahunt Gephardt Chabot Hefley Paul Bishop DeLauro Gilchrest Chambliss Herger Paxon The Chair recognizes the gentleman Blagojevich Deutsch Gillmor Chenoweth Hill Pease from South Carolina (Mr. GRAHAM). Blumenauer Dickey Gilman Christensen Hilleary Peterson (PA) Boehlert Dicks Gordon Coble Hobson Petri b 1900 Bonior Dingell Green Coburn Hoekstra Pickering Mr. GRAHAM. Mr. Chairman, I yield Borski Dixon Gutierrez Collins Hostettler Pitts Boswell Doggett Hall (OH) Combest Hunter Porter 2 minutes to the gentleman from Okla- Boucher Dooley Hamilton Cook Hyde Portman homa (Mr. LARGENT). Boyd Doyle Harman Cooksey Inglis Pryce (OH) Mr. LARGENT. Mr. Chairman, I Brown (CA) Edwards Hastings (FL) Cox Istook Radanovich would like to speak in support of this Brown (FL) Ehlers Hefner Crane Jenkins Ramstad Brown (OH) Emerson Hilliard Crapo Johnson, Sam Regula amendment that would strike out all of Calvert Engel Hinchey Cubin Jones Riggs the special projects in the current bill Capps English Hinojosa Cunningham Kasich Riley before this committee. Cardin Ensign Holden Davis (VA) Kim Rogan I want to say that I am opposed to Carson Eshoo Hooley Deal King (NY) Rohrabacher Clay Etheridge Horn DeLay Knollenberg Roukema the bill itself for three principal rea- Clayton Evans Houghton Diaz-Balart Kolbe Ryun sons: One, it is bad process; two, it is April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2013 bad precedent; and three, it is a bad The CHAIRMAN. Is there objection Let me say, I do not agree with some product. to the request of the gentleman from of the projects that have been submit- Let me speak about bad process first. Pennsylvania? ted. But that is not my decision to I would ask the question, is it right There was no objection. make. In fact, I would respectfully sug- that the campaign committee chair- The CHAIRMAN. The gentleman gest it is a bit arrogant for someone to men are consulted before the special from Minnesota (Mr. OBERSTAR) will say that we know better what is impor- road projects are given to Members control half the time in opposition. tant for Members’ congressional dis- who live or represent politically sen- The Chair recognizes the gentleman tricts than they know. sitive districts where they have tough from Pennsylvania (Mr. SHUSTER). Indeed, we have a vetting process. races coming up in November? Mr. SHUSTER. Mr. Chairman, I yield The vetting process is a 14-point vet- Is it right to dangle millions of dol- myself such time as I may consume. ting process, which includes rec- Mr. Chairman, I rise in support of the lars in front of Members for no specific ommendation by the Secretary of principle of Members of Congress being projects, just a blank check? Transportation in the State, which in- able to recommend to our committee Is it right to award the States of cludes recommendation by the mayors. specific projects, and our committee in Committee on Transportation and In- Indeed, what I find so mystifying is turn being able to vet those projects frastructure Members an average of my good friend, the gentleman from and determine ones which are worthy. South Carolina (Mr. GRAHAM), submit- $253 million, versus $54 million if there It is very important to emphasize is not a Member on the Committee on that only 5 percent of the total funding ted four projects to us. I have the let- Transportation and Infrastructure in this bill is dedicated to high-priority ter right here from him, saying that from one’s State? congressional projects. That means, the South Carolina Route 72 project is It is bad precedent because this bill and let me be even more specific, 88 vital and would provide additional traf- exceeds the budget caps put in place percent of the decisions being made as fic capacity resulting in safe and effi- last summer by $26 billion, that is with to where the highways and transit sys- cient roadways in three counties, a let- a capital B, billions of dollars. What tems are being built will be made by ter asking for the project. happens when we use the budget caps the States: by governors and by the And my good friend, the gentleman as a defense when anybody else wants legislatures and the departments of from Oklahoma (Mr. LARGENT), signed to raise spending in any other level? transportation. Seven percent of the a letter asking for projects. In fact, I Are we going to say, no, we cannot do money goes downtown, to be made by do have a letter from the Governor of that because of the budget caps? We the Secretary of Transportation. Oklahoma received just yesterday say- cannot do it if we pass this bill. The decisions to build highways and ing, ‘‘On behalf of all Oklahomans, I What happens when we begin build- transit systems are not decisions made want to express our appreciation for ing deficits as a result of this fiscal in- by angels up in heaven. These are deci- the successful committee action on the sanity? We will raise taxes. It is bad sions made in the political process. bill to do so much to restore Federal precedent. Governors decide where it is best to funding dollars and to move the vital It is a bad product. What do I mean put highways. State legislators decide. Interstate 40 crosstown project for- by that? Is it responsible to increase There is nothing wrong with Mem- ward.’’ the total funding for infrastructure by bers of Congress, who are the ones that That is the project which was re- 42 percent, which is what this bill does? have to cast the tough votes to create quested by two members of the Okla- The Balanced Budget Agreement, the programs, having some say. To homa delegation who took this floor or which we voted on, again, last summer, have a 5 percent say does not seem un- took a press conference last week to calls for a 20 percent increase in infra- reasonable. attack our integrity, suggesting that structure funding. How much is In fact, I would point out that if in- we were offering projects in exchange enough? deed this amendment were to pass, and for votes. At the time I challenged What happens when the Senate does $18 billion less were to be available, somebody to come forward and to name not agree with the offsets? What are we then we would be violating the prin- one Member of Congress to whom I going to do then? ciple of spending gas tax dollars for im- said, I will give you a project in ex- Do we really think a high-priority provements to infrastructure. We change for your vote, or conversely, project is a transportation museum in would be back in the same old game we threatened, you will not get a project if Pennsylvania, an Appalachian Trans- were in previously, where the Amer- you do not vote for it. None has come portation Institute at Marshall Univer- ican people were being flim-flammed. forward? Why, because it never hap- sity, or $800,000 for a train station? Are They were paying their gas taxes at pened. these really high-priority projects? the pump, but the money was building Mr. OBERSTAR. Mr. Chairman, I The chairman of this committee is a up in the Trust Fund, and this would yield 30 seconds to the gentleman from zealous advocate for roads. I appreciate increase the balance in the Trust Fund. Wisconsin (Mr. PETRI). that and respect him for it. But I be- Conversely, if we strike the projects Mr. PETRI. Mr. Chairman, this is lieve he has crossed the center line. but do not strike the money, then also worth pointing out, that this was The House’s own rules say it shall not there is no saving. We would be back an open process, with 4 full days of be in order for any bill to contain any keeping faith with the people in terms hearing, 170 Members of Congress testi- provision for any specific road. of saying that the money paid by the fying in public, supported by hundreds The rule was never waived until 1982. gas tax would be available to be spent, of local mayors and officials from Then, in 1982, it was waived: ten special and that is all, only the revenue com- across the United States, pointing out projects, at a cost of $386 million; in ing in the gas tax; honesty in budget- the merits of these particular projects. 1987, 152 for $1.3 billion; in 1991, 539 ing, that is all. Then we would be say- Mr. GRAHAM. Mr. Chairman, speak- projects, for $6.2 billion; this year, 1,450 ing the money can be spent, but zero ing of angels and governors, I yield 1 projects for $9.3 billion. decisions would be made by Members of minute to the gentleman from Dela- Support the amendment of the gen- Congress, and all of the decisions would ware (Mr. CASTLE). tleman from South Carolina to strike be made by those governors and legis- Mr. CASTLE. Mr. Chairman, I would these projects. lators and the Secretary of Transpor- like to speak in support of the Graham Mr. SHUSTER. Mr. Chairman, I rise tation downtown. amendment. I believe that what we in opposition to the amendment. I think it is not reasonable to believe have here is a violation of the Balanced THE CHAIRMAN. The gentleman that somehow there is a non-political, Budget Agreement. I think the com- from Pennsylvania (Mr. SHUSTER) is pure process back in the State Houses, mittee, by the way, did a good job on recognized for 10 minutes. as compared to the decisions that are this legislation. They just went too far. Mr. SHUSTER. Mr. Chairman, I ask made here. In fact, if a Member of Con- They went about $26 billion too far, unanimous consent that I may yield 5 gress does not know what is important and that is money which we do not of my minutes to the distinguished to his district, then I do not think he is presently have. gentleman from Minnesota (Mr. OBER- going to be a Member of Congress very About $18 billion of that can be found STAR), to control blocks of time. long. in these special demonstration H2014 CONGRESSIONAL RECORD — HOUSE April 1, 1998 projects. I disagree with the Chairman ernors were elected like we are elected, dole out 5 percent of the funds for on this. I believe the special dem- politicians. They have to run for elec- Medicare in our district, for Medicaid, onstration projects are wrong. I believe tion. I do not know of any governor for food stamps, where the Congress- they are pork. I believe these decisions that has been appointed from some man could surely know how to control should be made by the States and by holier-than-thou source to serve. So that. the officials who live in the States, these guys are politicians. Get real. Mr. Chairman, this is a corrupt proc- who are qualified to make decisions I would submit that Members of this ess that is used to extend the political about where their highways should go. body, Democrat and Republican alike, careers and situations of Members of How are we going to pay for this? I know his or her district better than this body. It ought to stop. I support ask Members to ask themselves that any State governor who has to make this amendment. before they support this legislation. We those decisions on a Statewide basis. If Mr. GRAHAM. Mr. Chairman, I yield are going to pay for it because edu- anybody in this body does not know his 1 minute to the gentlewoman from cation is going to suffer, defense is or her district better than the governor North Carolina (Mrs. MYRICK). going to suffer, housing may suffer, the of their State, I doubt if they are going Mrs. MYRICK. Mr. Chairman, when environment may suffer. Maybe we will to be here very long. we came here and became a majority, not balance the budget. Alan Green- These projects are worthwhile. They we said we were going to change span will tell us that interest rates will have been through a rigorous vetting things. We were going to be different. go up 2 percent if we do not get a bal- process. They have answered a series of We were going to balance the budget, anced budget. 14 tough questions that we instituted which we finally did now for the first I think these are extraordinarily im- back when we started reauthorizing time in 30 years. And now we are get- portant issues. I hope before anybody ISTEA. They have been part of the ting ready to break that commitment here votes, whether they have dem- transportation plan of every State. by $26 billion, $18 billion of it in special onstration projects or not, they will We have reviewed the requests. We pork projects. consider the enormity of what we are have held public hearings. There has That is, in my mind, business as doing. This has just gone too far, and it been nothing secretive about the proc- usual. What has changed? It is wrong, is too bad, because an extraordinary ess, there has been nothing dishonest and I urge my colleagues to support amount of good work was done here. about the process, there has been noth- this amendment. That is the right However, the bottom line is, all of us ing corrupt about the process; some of thing to do. should unite to support this amend- the words being thrown around here. Mr. GRAHAM. Mr. Chairman, I yield ment and take this $18 billion off the So the proof is in the pudding. This 1 minute to the gentleman from Ari- table. legislation has passed the muster. It zona (Mr. SHADEGG). Mr. OBERSTAR. Mr. Chairman, I has passed the muster with the Surface Mr. SHADEGG. Mr. Chairman, I yield 21⁄2 minutes to the gentleman Transportation Policy Project, a lib- thank the gentleman from South Caro- from West Virginia (Mr. RAHALL), a eral group comprised of environmental- lina (Mr. GRAHAM) for yielding me this ranking member of the Committee on ists, in line with the Conference of time. I rise in strong support of the Transportation and Infrastructure, and Mayors and League of Cities. The Sur- gentleman’s amendment, and I want to an architect of this legislation. face Transportation Policy Project has make the point that the people get this Mr. RAHALL. Mr. Chairman, I thank endorsed this legislation, and they issue back home. the gentleman for yielding me the have said that these projects are The editorial in the Mesa Tribune time. worthwhile. today: ‘‘Pork barrel bribery. Transit Mr. Chairman, let us get some facts I would urge rejection of this amend- bill is out of whack.’’ The editorial in on the table. The gentleman from ment. yesterday’s Wall Street Journal: Pennsylvania (Chairman SHUSTER) has b ‘‘Highway robbery.’’ Today’s front page laid out very well how funds for high- 1515 Arizona Republic: ‘‘Pork deal raw.’’ ways are apportioned under this bill. Mr. GRAHAM. Mr. Chairman, I yield The answer is this bill breaks every Eighty-eight percent would be distrib- myself 5 seconds, just to say that Citi- promise we made when we got here. We uted to the States by formula through zens Against Government Waste and came here and said we would not do apportionments, by going to States. the National Taxpayers Union support business as usual, but this bill has us Basically, this money goes to gov- my amendment. spending money the same way money ernors and State legislators. Seven per- Mr. Chairman, I yield 1 minute to the used to be spent. It is pure and simple cent would stay here in Washington for gentleman from Oklahoma (Mr. bribery. administration of the Federal Highway COBURN). Mr. Chairman, if we allow Members Administration. Mr. COBURN. Mr. Chairman, I rise in of Congress to control how the money Let us get it straight, only 5 percent, support of this amendment. I would is spent in this bill, why not allow the remaining 5 percent of the highway like for the American public to know Members of Congress to control how funds in BESTEA, are for these what was left on a voice mail in my of- the money is spent in every bill? This projects that are deemed to be high- fice by the Committee on Transpor- is the kind of project where it is pork priority projects by Members of this tation and Infrastructure: by definition because of the way the body. That is the same as in the cur- ‘‘Matt, this is Darryl Wilson with the support was built. rent law, ISTEA. The bottom line is Transportation Committee. I’m calling The truth is these decisions need to that governors and State legislators about the BESTEA bill, which is the be made on merit. They need to be get to spend 88 percent of the highway transportation measure that is moving based on the real need for these trans- dollars, while House Members get to di- through the committee. We have a deal portation projects. They should not be rect only 5 percent. for you on the funding levels for that. such that one State with a powerful Yet some in the media, and I think I originally spoke to your office last committee chairman gets hundreds of perhaps the sponsors of this amend- September and we said there was $10 millions of dollars more, even billions ment, ought to look at these facts, in- million in this bill for your boss. Well, of dollars more than another State stead of paying attention to those in we are upping that by $5 million, so which has no Member on the commit- the editorial pages in some of the na- now you have $15 million. I just want tee. That is the way Washington used tional newspapers or those in the to know where your boss wants to to work and under this bill, it is sadly media who would portray this as pork spend that money.’’ the way this bill still works. and something evil. Let us look at the Mr. Chairman, I want to tell my col- Mr. GRAHAM. Mr. Chairman, I yield facts. They ignore the fact that 88 per- leagues that if we apply this logic that 1 minute to the gentleman from South cent of these dollars are going directly we get to dole out 5 percent of the Carolina (Mr. INGLIS). to the State governors and State legis- transportation funds, then we should Mr. INGLIS of South Carolina. Mr. lators for their disbursements. apply the same logic elsewhere. Let us Chairman, I thank the gentleman from Are these individuals angels? Let us dole out 5 percent of the Defense De- South Carolina (Mr. GRAHAM) for yield- get real. The last time I checked, gov- partment funds in our district. Let us ing me this time. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2015

Mr. Chairman, this is probably the vania (Chairman SHUSTER), listen up. priate for a Member to address directly most embarrassing night that I have You have used my name, and that is another Member, and that all remarks ever spent in this Congress, to realize okay. You talked about a letter I should be addressed to the Chair in that we came here to change things wrote, and that is okay. Last year your proper debate. and we are not. We are participating in committee called me and said there Mr. Chairman, when all else fails, try the big old trough that has character- was $7 million for projects in my dis- the facts. The facts that are this com- ized this place in the past, and it is a trict. I submitted a list of projects mittee went through a very appro- terrible embarrassment to be part of after talking with the highway com- priate process of asking all Members the new majority and to stand here and missioner in the Third Congressional about projects that are priorities and have to support this amendment that District, and I appreciated the $7 mil- important in their district, priorities would take care of that trough that we lion. that their State has not addressed. are seeing. Two weeks ago I got a call from your Point 8 of our 14-point questionnaire: Mr. Chairman, there are 31 States committee, unsolicited, that said I now ‘‘Is the project included in the metro- who will be cheated as a result of this have $15 million. I said no. You told me politan and/or State transportation im- bill and the demonstration projects in I had by 5 o’clock two weeks ago to provement plan or the State long-range it. Not an opinion; it is a mathematical take the money or lose it, and I said plan? Is it scheduled for funding?’’ And fact. If a Member is from South Caro- no. And the reason I said no is because on through a very objective analysis of lina and votes for this bill, they are the bill you put together spends $26 bil- each project. cheating the State of South Carolina. lion more than we can afford to spend. That is a fair way to do it. Who said What you are doing is, you are allow- So it is for 30 other States. Unless that all wisdom resides in the State? A ing this House to slip down a slippery Members happen to have the big dig statement was made earlier in this de- slope because your committee wants to going on in their State or are from bate, decisions should be made by the take more of the balanced budget pie Pennsylvania, they are being cheated States, who know what the needs and in this bill. than we gave it. And the next chair- priorities are in their State. Well, the Demonstration projects cheat their man and the next worthy cause is States will have the choice to match State, and in return they are getting a going to do that. press release. So they get a press re- You are going to make us take it out the required 20 percent or not to match lease and their State gets cheated. of somebody else’s hide, because you it, to start projects under construction That is a lousy deal for their State and have an amendment in this package or not to start those projects. Those it is a lousy deal for America. that requires this bill to be offset. So are decisions that are left to the Mr. Chairman, I urge my colleagues we have to go to somebody else in this States. to vote for this amendment and fix this government and say, ‘‘Give us $26 bil- But let me tell my colleagues what lousy bill. lion because we overspent on highways, kind of wisdom there is in State gov- Mr. GRAHAM. Mr. Chairman, I yield but we are not going to give a dime ernment. There was a stretch of high- 1 minute to the gentleman from Indi- ourselves.’’ way in my district on which, over 15 ana (Mr. SOUDER). Mr. Chairman, my amendment says years, 57 people have died. Where did Mr. SOUDER. Mr. Chairman, I too give up the demonstration projects and that appear on the State priority list? am very embarrassed for this House. we reduce the amount we have to offset Nowhere, until I got involved in it and We came here in the Class of 1994 in by 69 percent. But we are not going to brought them together, and now we are particular claiming that we were will- do that. We are going to go to other going to address long-term and imme- ing to trade about anything to balance people in the government and say, diate needs on Highway 8, and there the budget and cut taxes. Tonight we ‘‘Give it up. But not us, buddy.’’ are not going to be any more deaths if are the people busting the budget. We Mr. Chairman, we reduce spending by I have my way and if we have the fund- are the people with the proposal bil- 8 percent if we do away with the dem- ing that is in this legislation. lions of dollars higher than the United onstration projects. All of them are All of this talk about we are spending States Senate. probably worthwhile. I am not up here over the amount. Listen, we give up $9 I am embarrassed at what is before shaming anybody. Let us assume all billion of the Highway Trust Fund, us. I see media reports in Indiana of 1,467 of them are worthwhile. Look taxes already paid by drivers in Amer- Members of Congress who are getting what has happened since the last time ica who have been carrying for 30 years money that is going to be allocated to we did this. Look how the number of the burden of government on their their county commissioners. That was projects has grown. Look how much back, and we give up the future inter- not a carefully scrutinized thing. It is money. We have tripled the number of est, $13 billion dollars. We paid for it. up to the county commissioners now to projects and increased the spending by The drivers of America paid for this decide whether they have potholes on a third. bill over and over and over again, and their roads. Any Member of Congress I am not here to shame anyone and now it is time to get their due and let can have such a thing. say that their project is not worth- us invest in America. We know what It was not a carefully scrutinized while. I am here to say we cannot af- projects are good and important for our process. Everybody here, whether it ford it. Families cannot afford a lot of districts every bit as well as those gov- was direct or indirect, knew that if things they would like. But not us. ernors do. they supported this bill they would Somebody in this government is going The CHAIRMAN. All time has ex- have access to certain funds. We all ad- to pay for this bill, but it will not be pired. vocate different projects at different us. We will not give one penny. We are The question is on the amendment times within the context of the bal- going to take every penny we can get offered by the gentleman from South anced budget. This busts the budget. and put it in the ground, in the as- Carolina (Mr. GRAHAM). This is contrary to what we ran on. By phalt, and somebody else is going to The question was taken; and the the time we get done with this, the have to give it up. House and the Senate and the Presi- Mr. Chairman, that is what is wrong Chairman announced that the noes ap- dent, we are going to have spent the with this country. That is why we can- peared to have it. supposed surplus and undermined ev- not lead. The gentleman has taken the Mr. GRAHAM. Mr. Chairman, I de- erything we claimed to have come here balanced budget agreement and has mand a recorded vote. to do, and I am embarrassed for this made a sham out of it and we all The CHAIRMAN. Pursuant to House body tonight. should be ashamed. Resolution 405, further proceedings on Mr. GRAHAM. Mr. Chairman, I yield Mr. OBERSTAR. Mr. Chairman, I the amendment offered by the gen- myself the balance of my time. yield myself the balance of my time. tleman from South Carolina (Mr. The CHAIRMAN. The gentleman The CHAIRMAN. The gentleman GRAHAM) will be postponed. from South Carolina is recognized for from Minnesota is recognized for 2 min- It is now in order to consider amend- 21⁄2 minutes. utes. ment No. 5 offered by the gentleman Mr. GRAHAM. Mr. Chairman, I would Mr. OBERSTAR. Mr. Chairman, I from South Carolina (Mr. SPRATT) say to the gentleman from Pennsyl- just wish to observe that it is inappro- printed in Part II of report 105–476. H2016 CONGRESSIONAL RECORD — HOUSE April 1, 1998 AMENDMENT NO. 5 IN THE NATURE OF A it dismantles the budget structure that This amendment will delay any im- SUBSTITUTE OFFERED BY MR. SPRATT we built up so painstakingly over the plementation of BESTEA until the last Mr. SPRATT. Mr. Chairman, I offer last 15 years, which has brought us to quarter of fiscal 1998 and will put out an amendment in the nature of a sub- a balanced budget, by taking transpor- additional funds, get this, additional stitute. tation off budget, removing it from any funds under the unfair Senate-imposed The CHAIRMAN. The Clerk will des- strictures whatsoever. formula that was included in the short- ignate the amendment in the nature of To those who say there is not the term bill that is now before us. a substitute. time to do this process, this amend- Many more States will receive more The text of the amendment in the na- ment provides an answer. apportionments and obligation author- ture of a substitute is as follows: b ity than they would receive for the en- Part II amendment No. 5 in the na- 1930 tire year under BESTEA. This will pre- ture of a substitute offered by Mr. It extends the Surface Transpor- clude a full formula change for this SPRATT: tation Extension Act for another 2 year. Donor States will have to wait Strike all after the enacting clause and in- months. This act was temporary in the another year for the formula, the fair sert the following: first place. It runs out on May 1. It will formula, which we have in this bill, to SECTION 1. TWO-MONTH EXTENSION OF TRANS- have to be extended because it is high- take, fully take effect. PORTATION PROGRAMS. ly unlikely that we will have a con- This will completely upset the mini- Notwithstanding any other provision of law, there is authorized to be appropriated ference report by then and, in any mum allocation program and apportion out of the Highway Trust Fund such sums as event, States will not get any more more funds that are not subject to any may be necessary to continue funding for an budget authority under BESTEA than equity adjustment. additional two months each of the programs they will get under this because the Members’ projects will not be able to for which an extension was provided under levels for 1998 are the same. begin. They will lose a whole season be- the Surface Transportation Extension Act of What we are proposing here once fore these projects can be imple- 1997 (111 Stat. 2552 et seq.) at the same again, Mr. Chairman, is budget dis- mented. BESTEA simply spends the monthly rate for which funds were provided cipline, the budget process that we new gas tax revenues coming into the for each such program under such Act. built up over time. In the end, I am Highway Trust Fund over the next 6 The CHAIRMAN. Pursuant to House years. That is what the people who pay Resolution 405, the gentleman from sure transportation will get more. They have demonstrated that Members these taxes expect. Rather than upset South Carolina (Mr. SPRATT) and a the budget process, BESTEA, in fact, Member opposed will each control 10 from all parts of the country and all places on the spectrum support more restores honesty and fairness to the minutes. budget process. The Chair recognizes the gentleman spending. But we will do it in a regular order procedure, and we will do it in a In sum, this amendment will wreak from South Carolina (Mr. SPRATT). additional havoc with the States, vir- process so we can determine exactly Mr. SPRATT. Mr. Chairman, I yield tually every State, but most particu- which priorities will have to be dis- myself such time as I may consume. larly the Northern tier States. It is un- Mr. Chairman, I am for spending placed to give transportation more. Mr. Chairman, I reserve the balance fair and unnecessary. more on highways and mass transit, I urge my colleagues to oppose the of my time. but we have a process for deciding how amendment. much more and which priorities we will Mr. SHUSTER. Mr. Chairman, I rise Mr. Chairman, I reserve the balance pare back or preclude to make room for in opposition to the amendment. of my time. The CHAIRMAN. The gentleman more spending on highways so that we Mr. SHAYS. Mr. Chairman, I yield from Pennsylvania (Mr. SHUSTER) is can keep the budget in balance. myself such time as I may consume. The purpose of this amendment is recognized for 10 minutes. First, I want to thank both the ranking Mr. SHUSTER. Mr. Chairman, I yield basic and simple. It is just to let this member and chairman. They believe in 5 minutes to the gentleman from Min- process work. What it calls for is regu- what they are doing. We happen to dis- nesota (Mr. OBERSTAR), and I ask unan- lar order, nothing more. Let us pass a agree. But in every instance that I imous consent that he may control budget resolution. Let us go through have dealt with them they have always that time. been gentlemen. I just think they are the 302(B) allocation process. Let us The CHAIRMAN. Is there objection identify $26 billion in offsets, or what- wrong. to the request of the gentleman from Mr. Chairman, I totally disagree with ever the amount may be, and then let Pennsylvania? us come back to this floor and pass this the arguments outlined by my chair- There was no objection. man from the Committee on Transpor- bill. Mr. SPRATT. Mr. Chairman, I yield 5 Mr. Chairman, I feel compelled to tation and Infrastructure. This amend- minutes to the gentleman from Con- ment extends the temporary ISTEA offer this amendment because I am the necticut (Mr. SHAYS), and I ask unani- ranking member of the Committee on bill for 2 months. We anticipate that mous consent that he may control and we will be able to pass a full bill before the Budget, and this bill does not just allocate the time. skirt or evade the budget process, it is then. But what we are being asked to The CHAIRMAN. Is there objection do in this legislation is to spend and al- a frontal assault upon it. It violates to the request of the gentleman from the Balanced Budget Agreement of locate $217 billion without having the South Carolina? offsets to pay for the new money. I 1997, which we only voted for a few There was no objection. think that is wrong. months ago, and trumpeted by all of us Mr. SHUSTER. Mr. Chairman, I yield Mr. Chairman, I yield 11⁄2 minutes to who voted for it, by authorizing $40 bil- myself such time as I may consume. the gentleman from Delaware (Mr. lion more for contracting authority This is a terrible amendment because CASTLE). than the BBA provides and $26 billion particularly for the Northern States, it Mr. CASTLE. Mr. Chairman, I thank in outlays over the next 5 years above will destroy the opportunity to have the gentleman for yielding me the and beyond the BBA. funding as they prepare for the winter time. Mr. Chairman, it radically departs season. It is wrong to pass another This is a good amendment. Let me from the appropriations process by let- short-term extension. Now that the use an analogy. Take a hot summer ting the transportation conferees de- May 1 deadline is before us, it is irre- day and there is a picnic and there are cide some $26 billion in offsets to pay sponsible to impose additional short- sandwiches and potato chips and cook- for their increases. All of these offsets term extensions. ies there. And somebody comes along are outside their jurisdiction. It vio- An extension is going to interrupt with ice tea, and it is 95 degrees out lates the Congressional Budget Act by the State’s critical summer contract- and that ice tea looks awfully good, being brought to the floor ahead of the ing season. It is going to force the and they fill your glass. That is abso- budget resolution. It violates the Budg- Northern tier States to virtually lose lutely wonderful. But they make a mis- et Enforcement Act of 1990 by provid- an entire construction season. There take and they fill it too much, and it ing $9.3 billion in mandatory spending will be insufficient funds available for spills on the sandwiches and on the po- for demonstration projects without the States to have the certainty to go tato chips and the cookies, and it ruins identifying $9.3 billion in offsets. And forward with critical projects. them. That is what is happening here. April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2017 This is good legislation. This is good thority and in many States much From education or maybe our seaports ISTEA. To the extent that this Com- more, so in our Northern States and or airports, as we did the other day? mittee on Transportation and Infra- other States, this will truly wreak Those of us on the Committee on the structure, to their great credit, put to- havoc in their transportation planning Budget and the Committee on Appro- gether a formula and put together the decisions. priations already knew we were going numbers that we handled in the budget Not only will it wreak havoc in the to have to shave billions of dollars agreement, they did a wonderful job. States, but there could very well be a from the Federal budget just based on But they went too far. They went too problem with the FHWA here in Wash- last year’s budget deal. Now we will far by about $26 billion. ington. There are staffing problems to have to find billions of dollars more to What this amendment is doing is say- consider. We do not want to face any cut. ing let us wait for 2 months so we can type of a government shutdown at Mr. Chairman, it boils down for us see how much money we are really FHWA, which would truly be devastat- going to have to be able to spend on today to a question of courage. Let us ing to our road mapping processes and be responsible about spending. Let us transportation, which we all agree transportation decisions across this should be done. We have heard all man- set our budget priorities in the manner country. they should be set and let us show the ner of examples all afternoon of how we There is no way to plan if the States should spend money on transportation. American people we have the courage are faced with a cutoff of obligational to live within our means. That is absolutely correct. But the bot- authority come May 1. It is truly a tom line is that the glass has over- drop-dead date. We do not have the lux- Mr. SHUSTER. Mr. Chairman, I yield 1 flowed here and we have $26 billion too ury of trying to comply with the budg- 1 ⁄2 minutes to the gentleman from Wis- much in it. et process or time frames that have consin (Mr. PETRI), distinguished chair- I just spoke a moment ago on the been set up here in this Congress. man of our subcommittee. demonstration projects. I think that is We are talking about spending what Mr. PETRI. Mr. Chairman, I would poor public policy. Beyond that, we are the American taxpayers and the Amer- just like to make several points. First looking at that additional money. ican motorists in particular have al- of all, I have watched one-minutes Where is it going to come from? We are ready paid at the gas pump and that is sometimes and hear the spin people are about to vote blindly for a piece of leg- why we must proceed here forthwith trying to give to this Congress. Some islation in which we are not at all sure without waited for any budget resolu- Members are saying we are a do-noth- what the offsets are. Let me remind tions. It is no way to plan America’s ing Congress. And then Members are Members of what we just went through future. It is no way to plan for the safe- stepping forward and saying we should with about $2.5 billion, which we could ty on our Nation’s highways. not do something. not find offsets. What are we going to If we are to delay this process and We are trying to meet a major need go through on $26 billion? Who is going find come May 1, or a couple of weeks of our country by passing this bill at to suffer on that? thereafter if we face a slippage that the an appropriate time, as asked by the As I stated earlier, will education States do not have the definitive sched- national Governors who wanted us, if suffer? Will the environment suffer? ule upon which to base the letting of we possibly can, to get this done so Will housing suffer? Will defense suf- contracts within their borders. So I that they can go forward with their fer? Will the balanced budget suffer? would submit that while the chairman construction seasons and plans this Any of these things could suffer. The of, the ranking member of our Commit- Spratt amendment makes all the sense summer by May 1. If we had some as- tee on the Budget has noble goals in in the world. The 2-month month delay surances that the budgeteers would act mind, this is perhaps a back-door effort will not hurt anything, and it will let in a reasonable and timely way, that is used by some on the other side of the us do what is the most important thing one thing. But knowing how these aisle to truly kill this bill. we are going to do this year, balance things work around here, they are not I would urge defeat. our budget. Support the Spratt amend- going to, I do not think. The CHAIRMAN. The Chair would re- ment. We do not have any assurance that Mr. OBERSTAR. Mr. Chairman, I mind Members that the gentleman we will have a budget resolution passed from South Carolina (Mr. SPRATT) has yield 21⁄2 minutes to the gentleman and ready to guide Congress by May 1 2 minutes remaining, the gentleman from West Virginia (Mr. RAHALL), or thereby. We will be lucky, last year 1 ranking member of the Subcommittee from Minnesota (Mr. OBERSTAR) has 2 ⁄2 I think it slipped into June or July. So on Surface Transportation. minutes remaining, the gentleman that means if we waited for this proc- Mr. RAHALL. Mr. Chairman, I thank from Pennsylvania (Mr. SHUSTER) has ess, we are into September or October the gentleman from Minnesota for 21⁄2 minutes remaining, and the gen- and Congress will be gone. tleman from Connecticut (Mr. SHAYS) yielding the time to me. This is saying we do not want to ad- has 3 minutes remaining. I commend the gentleman from dress the needs of the country. We do The gentleman from Pennsylvania South Carolina, the ranking member not want to deal with the donor State (Mr. SHUSTER) has the right to close. on our Committee on the Budget, for question in this Congress. That is what the work that he does on that commit- Mr. SPRATT. Mr. Chairman, I yield 1 minute to the gentleman from Califor- it is saying. They want to be a do-noth- tee. He is proposing an amendment ing Congress, not a do-something Con- nia (Mr. FAZIO). here that would allow the normal con- gress. I think that is just plain wrong. gressional budget process to work its Mr. FAZIO of California. Mr. Chair- I have some suggestions for our budg- will prior to enactment of BESTEA. man, this vote is not just about bridges et friends as they say where we can Unfortunately, highway construction and highways. We are all for them. It is seasons across our country do not nec- a vote about priorities, a vote about find this money. We are giving up $9 essarily allow themselves, because of fiscal discipline and a promise we made billion, writing it off the debt of the the seasons through which they go, to to America just last year. Unfortu- United States. No scoring for that. We follow our normal budget processes in nately, as the majority leader put it are lowered, by the budget resolution, Congress. the other day, the leadership of the the caps, by about $9 billion below The other body decided to proceed House is more concerned about haste what we are actually spending. That full steam ahead with this legislation rather than substance. mistake could be corrected. That is not prior to consideration of their budget As a result, we may unravel the first really an increase in spending, when we resolution. And I think our House lead- balanced budget in a generation. This just continue in constant levels, yet ership made the appropriate decision in is no way to write a budget. The cart is they score us with cuts. We are giving consultation with our House budget way before the horse. If we approve up $14 billion of interest over the life of chairman, to proceed forthwith on this this bill we are going to have to make this bill. That is not being scored ei- legislation at this time. We are facing substantial cuts in the budget. Where ther. a May 1 deadline. do we get the $26 billion from; defense? Mr. SHAYS. Mr. Chairman, I yield 1 After May 1, the States will lose From senior citizen housing, again, an- minute to the gentleman from Arizona their ability to obligate spending au- other day? From our kids health care? (Mr. SHADEGG). H2018 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Mr. SHADEGG. Mr. Chairman, this offs. Let us pay some attention to the seconds remaining. The gentleman amendment is not about roads. We des- process that we are breaking here from Connecticut (Mr. SHAYS) has 11⁄2 perately need roads. My State of Ari- today. minutes remaining. And the gentleman zona is a growing State and it has Mr. OBERSTAR. Mr. Chairman, I from Pennsylvania (Mr. SHUSTER) has 1 great need for roads. But I rise in sup- yield myself such time as I may con- minute remaining and the right to port of the Spratt amendment. It is a sume. close. matter of process. This amendment Mr. Chairman, the distinguished gen- Mr. SHAYS. Mr. Chairman, I yield 30 sets the cart right. The bill, as it cur- tleman from South Carolina offers a seconds to the gentleman from Mary- rently is proceeding before Congress, very appealing and even compelling, land (Mr. HOYER). has the cart before the horse, simply rational, thoughtful argument. It is a Mr. SPRATT. Mr. Chairman, I yield put. neatly constructed syllogism which I 30 seconds to the gentleman from As a matter of budget discipline, we appreciate. The horse should be before Maryland (Mr. HOYER) also. The CHAIRMAN. The gentleman cannot pass this bill at this time with- the cart, in very plain terms, the horse from Maryland is recognized for 1 out grave consequences. Alan Green- being the budget. We did that last year. We had the de- minute. span, Chairman of the Federal Reserve, Mr. HOYER. Mr. Chairman, from 1981 bate on the budget resolution. We had came before the Committee on the to 1992, we increased the debt of Amer- the Shuster-Oberstar amendment, Budget, of which, and the gentleman ica by 437 percent. We did so doing good which asked Members to make choices, from South Carolina (Mr. SPRATT) are things the wrong way. members and said, whatever you do in to prioritize, to decide where they Yesterday, we passed a $2.9 billion this Congress, you must not break the wanted to pin dollars on their values. bill and the majority demanded offsets caps. He did not say you must not We came within two votes of prevailing before it passed. Today, we add $26 bil- break them by a large amount. He said because we offered something that was lion to the deficit, with offsets un- you must not break the caps. The sig- very reasonable and very responsible. known. We should have, my friends, nal you will send to this economy is We had an across-the-board minuscule the discipline to pass a budget prior to dynamic. If you break the caps at all, cut. adding $26 billion in spending before you will destroy the discipline you Everybody is going to have a little the caps. have established. cut. Little bit less in taxes, little bit My colleagues, we have come a long This amendment will allow us the less in defense, little bit less on domes- way in balancing the budget. Let us time to get the budget figures in mid tic discretionary. And we exempted the not fail now. Let us show the discipline month, to look at where we are and to mandatory programs and the entitle- to say, yes, we want these things; yes, do the process in an orderly fashion. ments. And we should have won. we want to invest in the infrastructure The bill, in its current form, spends $26 I think that the reason that we are of America; but let us determine how billion above the budget caps. We have not doing it that way this year, I say we are going to pay for it before we do to find offsets that are nowhere in this to my good friend, the gentleman from it. That 437 percent increase in the current legislation. South Carolina (Mr. SPRATT), is there debt was because we did not answer It includes demonstration projects some way up there in the White House that question first. which, as we can see by the debate, are and in the clouds above Mount GING- Mr. SHAYS. Mr. Chairman, I yield 30 highly controversial. We need to iden- RICH who are afraid that we will win, seconds to the gentleman from Min- tify those offsets and to proceed in a that we will win that battle, that our nesota (Mr. MINGE), who was my part- regular order. And if this bill were so values will prevail; and, so, they did ner in trying to put forward a balanced correct and so fitting within the cur- not want to have it that way. budget amendment. rent figures, why does it spend $30 bil- Now, this 3-month extension, that is Mr. MINGE. Mr. Chairman, I would lion more than we authorized just 10 a nice idea, buy a little time. Let me just like to briefly say that all of us support transportation. We think it is months ago in the balanced budget tell my colleagues what that buys. In vital in our country; it is important; it agreement? I support the amendment. my State we have two seasons, winter is our infrastructure. At the same Mr. SPRATT. Mr. Chairman, I yield and road construction. And this is time, all of us are sensitive to the prac- 30 seconds to the gentleman from Min- going to put us right through road con- tical needs of the States. nesota (Mr. SABO). struction into winter again, and it is going to do that for a whole northern I think the important thing to recog- Mr. SHAYS. Mr. Chairman, I yield 30 nize is that the bill reported out of tier of the United States. I do not seconds to the gentleman from Min- Committee does not increase the think that makes a whole lot of sense. nesota (Mr. SABO). spending in 1998 above the budget We have had the debate. We have had The CHAIRMAN. The gentleman agreement. We do not have to worry all the numbers spelled out here. I from Minnesota (Mr. SABO) is recog- about ruining the States’ ability to think the gentleman from Wisconsin nized for 1 minute. construct roads in 1998 or let contracts. (Mr. PETRI) and the gentleman from b 1945 That is not what is at issue here. That Pennsylvania (Mr. SHUSTER) have Mr. SABO. Mr. Chairman, I thank is a red herring. spelled it out; and I said it myself, Mr. SHAYS. Mr. Chairman, I yield the gentleman for yielding me the look, we gave up $9 billion of taxes paid myself the balance of my time. time. by the driving public of America that We spent 11 years trying to get our As someone who voted for the gas tax are in the Trust Fund. Commitments country’s financial house in order. We to reduce the deficit in both 1990 and made, not delivered on. That is going are so close. And now we are spending 1993, I have to say to my friends on the to go off there into the ether some- the surplus we do not even have. We Republican side, if Democrats had where to reduce that $3 trillion debt. gave the Committee on Transportation brought a bill to the floor with manda- I hope everyone feels good about and Infrastructure $20 billion above tory spending and no offsets, or spend- that. It is not going to build any roads. last year’s agreement. We are giving ing and no offsets, they would have Then we yield another $15 billion out them another $26 to $33 billion this laughed us off the floor. We never tried into the future in interest on the dol- year. We do not even have offsets. it. We did not try it. I cannot believe lars coming into the Trust Fund. I For me, this is an amazing time. I sa- this process. hope my colleagues feel awfully good lute my colleagues on the other side Why do we not deal with it honestly? about that, because that is not going to who have done this in a bipartisan way. There are people who prefer spending build any roads either. But we spent 30 years having deficits in transportation money to other expend- This bill builds roads and bridges and a bipartisan way. I thought we had itures. That is a legitimate decision. transit systems and keeps America mo- ended that. But let us deal with the reality of the bile and productive, and we ought to Mr. SHUSTER. Mr. Chairman, I yield spending cuts that we then have to defeat this amendment. myself the balance of my time. make. Let us be honest. This is not The CHAIRMAN (Mr. HASTINGS of A 2-month short-term extension is money from heaven. There are trade- Washington). The gentleman from terrible policy for our State transpor- offs. Let us understand those trade- South Carolina (Mr. SPRATT) has 30 tation departments, for the people April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2019 across America. This will destroy the based on the Federal Government’s percep- $187,000,000 for fiscal year 2000, $192,000,000 for construction season for many if not all tions of what is best for the States; fiscal year 2001, $197,000,000 for fiscal year of the States. There will be insufficient (7) the Federal Government has used the 2002, and $201,000,000 for fiscal year 2003. funding for the States to have cer- Federal gasoline tax revenues to force all (iii) PARKWAYS AND PARK ROADS.—For States to take actions that are not nec- parkways and park roads under section 204 of tainty to proceed with projects. And, essarily appropriate for individual States; that title $89,000,000 for fiscal year 1999, indeed, this will extend the unfair Sen- (8) the Federal distribution, review, and $91,000,000 for fiscal year 2000, $94,000,000 for ate-imposed formulas which we are liv- enforcement process wastes billions of dol- fiscal year 2001, $97,000,000 for fiscal year ing with now. And most importantly in lars on unproductive activities; 2002, and $99,000,000 for fiscal year 2003. that regard, the donor States will have (9) Federal mandates that apply uniformly (iv) HIGHWAY SAFETY PROGRAMS.—For high- to wait another year for the formula to all 50 States, regardless of the different way safety programs under section 402 of changes to take place; and Member circumstances of the States, cause the that title $171,000,000 for each of fiscal years States to waste billions of hard-earned tax projects will be delayed for another 1999 through 2003. dollars on projects, programs, and activities (v) HIGHWAY SAFETY RESEARCH AND DEVEL- year. that the States would not otherwise under- OPMENT.—For highway safety research and Now, my good friend on the other take; and development under section 403 of that title side said, ‘‘This is not money from (10) Congress has expressed a strong inter- $44,000,000 for each of fiscal years 1999 heaven.’’ How true that is. This is not est in reducing the role of the Federal Gov- through 2003. money from heaven. This is money ernment by allowing each State to manage (2) TRANSFERABILITY OF FUNDS.—Section from the gas tax paid by the American its own affairs. 104 of title 23, United States Code, is amend- (b) PURPOSES.—The purposes of this Act ed by striking subsection (g) and inserting people at the pump, and we do not are— spend one penny more than the revenue the following: (1) to return to the individual States maxi- ‘‘(g) TRANSFERABILITY OF FUNDS.— coming in. mum discretionary authority and fiscal re- ‘‘(1) IN GENERAL.—To the extent that a Defeat this amendment. sponsibility for all elements of the national State determines that funds made available The CHAIRMAN. All time has ex- transportation systems that are not within under this title to the State for a purpose pired. the direct purview of the Federal Govern- are in excess of the needs of the State for The question is on the amendment in ment; that purpose, the State may transfer the ex- the nature of a substitute offered by (2) to preserve Federal responsibility for cess funds to, and use the excess funds for, the Dwight D. Eisenhower National System the gentleman from South Carolina any surface transportation (including mass of Interstate and Defense Highways; transit and rail) purpose in the State. (Mr. SPRATT). (3) to preserve the responsibility of the De- ‘‘(2) ENFORCEMENT.—If the Secretary deter- The question was taken; and the partment of Transportation for— mines that a State has transferred funds (A) design, construction, and preservation Chairman announced that the noes ap- under paragraph (1) to a purpose that is not of transportation facilities on Federal public peared to have it. a surface transportation purpose as described lands; Mr. SHAYS. Mr. Chairman, I demand in paragraph (1), the amount of the improp- (B) national programs of transportation re- a recorded vote. erly transferred funds shall be deducted from search and development and transportation The CHAIRMAN. Pursuant to House any amount the State would otherwise re- safety; and ceive from the Highway Trust Fund for the Resolution 405, further proceedings on (C) emergency assistance to the States in fiscal year that begins after the date of the the amendment offered by the gen- response to natural disasters; determination.’’. tleman from South Carolina (Mr. (4) to eliminate to the maximum extent (3) FEDERAL-AID SYSTEM.—Section 103(a) of SPRATT) will be postponed. practicable Federal obstacles to the ability It is now in order to consider Amend- of each State to apply innovative solutions title 23, United States Code, is amended by to the financing, design, construction, oper- striking ‘‘systems are the Interstate System ment No. 6 printed in Part II of House and the National Highway System’’ and in- Report 105–476. ation, and preservation of State and Federal transportation facilities; and serting ‘‘system is the Interstate System’’. AMENDMENT NO. 6 IN THE NATURE OF A (5) with respect to transportation activi- (4) INTERSTATE MAINTENANCE PROGRAM.— SUBSTITUTE OFFERED BY MR. KASICH ties carried out by States, local govern- (A) FUNDING.—Section 104(b)(5) of title 23, Mr. KASICH. Mr. Chairman, I offer ments, and the private sector, to encour- United States Code, is amended by striking an amendment in the nature of a sub- age— subparagraph (B) and inserting the follow- stitute. (A) competition among States, local gov- ing: The Clerk will designate the amend- ernments, and the private sector; and ‘‘(B) INTERSTATE MAINTENANCE.—For each of fiscal years 1999 through 2003, for the ment in the nature of a substitute. (B) innovation, energy efficiency, private sector participation, and productivity. Interstate maintenance program under sec- The text of the amendment in the na- tion 119, 1 percent to the Virgin Islands, ture of a substitute is as follows: SEC. 3. CONTINUATION OF FUNDING FOR CORE HIGHWAY PROGRAMS. Guam, American Samoa, and the Common- Part II amendment No. 6 in the nature of (a) IN GENERAL.— wealth of the Northern Mariana Islands and a substitute offered by Mr. KASICH: (1) FUNDING.—For the purpose of carrying the remaining 99 percent apportioned as fol- Strike all after the enacting clause and in- out title 23, United States Code, the follow- lows: sert the following: ing sums are authorized to be appropriated ‘‘(i)(I) For each State with an average pop- SECTION 1. SHORT TITLE. out of the Highway Trust Fund: ulation density of 20 persons or fewer per This Act may be cited as the ‘‘Transpor- (A) INTERSTATE MAINTENANCE PROGRAM.— square mile, and each State with a popu- tation Empowerment Act’’. For the Interstate maintenance program lation of 1,500,000 persons or fewer and with SEC. 2. FINDINGS AND PURPOSES. under section 119 of title 23, United States a land area of 10,000 square miles or less, the (a) FINDINGS.—Congress finds that— Code, $5,100,000,000 for fiscal year 1999, greater of— (1) the objective of the Federal highway $5,300,000,000 for fiscal year 2000, $5,400,000,000 ‘‘(aa) a percentage share of apportionments program has been to facilitate the construc- for fiscal year 2001, $5,600,000,000 for fiscal equal to the percentage listed for the State tion of a modern freeway system that pro- year 2002, and $5,700,000,000 for fiscal year in subclause (II); or motes efficient interstate commerce by con- 2003. ‘‘(bb) a share determined under clause (ii). necting all States; (B) INTERSTATE AND INDIAN RESERVATION ‘‘(II) The percentage referred to in sub- (2) that objective has been attained and the BRIDGE PROGRAM.—For the Interstate and In- clause (I)(aa) is as follows: Interstate System connecting all States is dian reservation bridge program under sec- ‘‘States: Percentage: near completion; tion 144 of that title $1,217,000,000 for fiscal Alabama ...... 2.02 Alaska ...... 1.24 (3) each State has the responsibility of pro- year 1999, $1,251,000,000 for fiscal year 2000, Arizona ...... 1.68 viding an efficient transportation network $1,286,000,000 for fiscal year 2001, $1,321,000,000 Arkansas ...... 1.32 for the residents of the State; for fiscal year 2002, and $1,360,000,000 for fis- California ...... 9.81 (4) each State has the means to build and cal year 2003. Colorado ...... 1.23 operate a network of transportation sys- (C) FEDERAL LANDS HIGHWAYS PROGRAM.— Connecticut ...... 1.00 tems, including highways, that best serves (i) INDIAN RESERVATION ROADS.—For Indian Delaware ...... 0.40 the needs of the State; reservation roads under section 204 of that District of Columbia ...... 0.13 (5) each State is best capable of determin- title $202,000,000 for fiscal year 1999, Florida ...... 4.77 ing the needs of the State and acting on $208,000,000 for fiscal year 2000, $214,000,000 for Georgia ...... 3.60 those needs; fiscal year 2001, $220,000,000 for fiscal year Hawaii ...... 0.55 (6) the Federal role in highway transpor- 2002, and $225,000,000 for fiscal year 2003. Idaho ...... 0.70 tation has, over time, usurped the role of the (ii) PUBLIC LANDS HIGHWAYS.—For public Illinois ...... 3.71 States by taxing fuels used in the States and lands highways under section 204 of that Indiana ...... 2.63 then distributing the proceeds to the States title $182,000,000 for fiscal year 1999, Iowa ...... 1.13 H2020 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Kansas ...... 1.10 (iii) by striking paragraphs (3) and (4); each amended by striking ‘‘1999’’ and insert- Kentucky ...... 1.91 (C) in the first sentence of subsection (l), ing ‘‘2004’’: Louisiana ...... 1.63 by inserting ‘‘on the Federal-aid system as (A) Section 4221(a) (relating to certain tax- Maine ...... 0.50 described in subsection (c)(3)’’ after ‘‘any free sales). Maryland ...... 1.64 bridge’’; (B) Section 4483(g) (relating to termination Massachusetts ...... 1.68 (D) in subsection (m), by inserting ‘‘on the of exemptions for highway use tax). Michigan ...... 3.34 Federal-aid system as described in sub- (4) EXTENSION OF DEPOSITS INTO, AND CER- Minnesota ...... 1.56 section (c)(3)’’ after ‘‘any bridge’’; and TAIN TRANSFERS FROM, TRUST FUND.— Mississippi ...... 1.23 (E) in the first sentence of subsection (n), (A) IN GENERAL.—Subsection (b), and para- Missouri ...... 2.45 by inserting ‘‘for each of fiscal years 1991 graphs (2) and (3) of subsection (c), of section Montana ...... 0.95 through 1997,’’ after ‘‘of law,’’. 9503 of such Code (relating to the Highway Nebraska ...... 0.73 (6) NATIONAL DEFENSE HIGHWAYS.—Section Trust Fund) are each amended— Nevada ...... 0.67 311 of title 23, United States Code, is amend- (i) by striking ‘‘1999’’ each place it appears New Hampshire ...... 0.48 ed— (other than in subsection (b)(4)) and insert- New Jersey ...... 2.28 (A) in the first sentence, by striking ing ‘‘2003’’, and New Mexico ...... 1.05 ‘‘under subsection (a) of section 104 of this (ii) by striking ‘‘2000’’ each place it appears New York ...... 4.27 title’’ and inserting ‘‘to carry out this sec- and inserting ‘‘2004’’. North Carolina ...... 2.83 tion’’; and North Dakota ...... 0.63 (B) MOTORBOAT AND SMALL-ENGINE FUEL (B) by striking the second sentence. TAX TRANSFERS.— Ohio ...... 3.77 (7) TERMINATION OF MINIMUM ALLOCATION.— Oklahoma ...... 1.55 (i) IN GENERAL.—Paragraphs (4)(A)(i), Section 157 of title 23, United States Code, is (5)(A), and (6)(E) of section 9503(c) of such Oregon ...... 1.23 amended— Pennsylvania ...... 4.12 Code are each amended by striking ‘‘1998’’ (A) in subsection (a)(4), by striking ‘‘fiscal and inserting ‘‘2003’’. Puerto Rico ...... 0.50 year 1992 and each fiscal year thereafter’’ Rhode Island ...... 0.55 (ii) CONFORMING AMENDMENTS TO LAND AND and inserting ‘‘each of fiscal years 1992 WATER CONSERVATION FUND.—Section 201(b) of South Carolina ...... 1.63 through 1997’’; and South Dakota ...... 0.70 the Land and Water Conservation Fund Act (B) in subsection (e), by striking ‘‘the fis- Tennessee ...... 2.30 of 1965 (16 U.S.C. 460l–11(b)) is amended— cal years ending on or after September 30, Texas ...... 7.21 (I) by striking ‘‘1997’’ and inserting ‘‘2003’’, 1983’’ and inserting ‘‘fiscal years 1983 through Utah ...... 0.71 and 1997’’. Vermont ...... 0.43 (II) by striking ‘‘1998’’ each place it appears (8) MOTOR CARRIER SAFETY GRANTS.—Sec- Virginia ...... 2.61 and inserting ‘‘2004’’. tion 31104 of title 49, United States Code, is Washington ...... 1.75 (C) CONFORMING AMENDMENT.—The heading amended— West Virginia ...... 0.76 for paragraph (3) of section 9503(c) of such (A) in subsection (a), by adding at the end Wisconsin ...... 1.91 Code is amended to read as follows: the following: Wyoming ...... 0.66. ‘‘(3) FLOOR STOCKS REFUNDS.—’’. ‘‘(6) not more than $90,000,000 for each of (5) EXTENSION AND EXPANSION OF EXPENDI- ‘‘(ii) For each State not described in clause fiscal years 1999 through 2003.’’; and TURES FROM TRUST FUND.— (i), a share of the apportionments remaining (B) in subsection (g)(1)— (A) EXTENSION OF EXPENDITURE AUTHOR- determined in accordance with the following (i) in subparagraph (B), by striking ‘‘1993– ITY.—Paragraph (1) of section 9503(c) of such formula: 1997’’ and inserting ‘‘1993 through 2003’’; 1 Code is amended by striking ‘‘1998’’ and in- ‘‘(I) ⁄9 in the ratio that the total rural lane (ii) in subparagraph (C), by striking ‘‘1993– serting ‘‘2003’’. miles in each State bears to the total rural 1997’’ and inserting ‘‘1993 through 2003’’; and (B) EXPANSION OF PURPOSES.—Paragraph (1) lane miles in all States with an average pop- (iii) in subparagraph (D), by striking ‘‘1996, of section 9503(c) of such Code is amended— ulation density greater than 20 persons per and 1997’’ and inserting ‘‘1996 through 2003’’. square mile and all States with a population (b) EXTENSION OF HIGHWAY-RELATED TAXES (i) by striking ‘‘or’’ at the end of subpara- of more than 1,500,000 persons and with a AND HIGHWAY TRUST FUND.— graph (C), and land area of more than 10,000 square miles. (1) EXTENSION OF TAXES.—The following (ii) by striking ‘‘1991.’’ in subparagraph (D) ‘‘(II) 1⁄9 in the ratio that the total rural ve- provisions of the Internal Revenue Code of and all that follows through the end of para- hicle miles traveled in each State bears to 1986 are each amended by striking ‘‘1999’’ graph (1) and inserting ‘‘1991, or the total rural vehicle miles traveled in all each place it appears and inserting ‘‘2004’’: ‘‘(E) authorized to be paid out of the High- States described in subclause (I). (A) Section 4041(a)(1)(C)(iii)(I) (relating to way Trust Fund under the Transportation ‘‘(III) 2⁄9 in the ratio that the total urban rate of tax on certain buses). Empowerment Act. lane miles in each State bears to the total (B) Section 4041(a)(2)(B) (relating to rate of In determining the authorizations under the urban lane miles in all States described in tax on special motor fuels), as amended by Acts referred to in the preceding subpara- subclause (I). section 907(a)(1) of the Taxpayer Relief Act graphs, such Acts shall be applied as in effect ‘‘(IV) 2⁄9 in the ratio that the total urban of 1997. on the date of the enactment of the Trans- vehicle miles traveled in each State bears to (C) Section 4041(m)(1)(A) (relating to cer- portation Empowerment Act.’’. the total urban vehicle miles traveled in all tain alcohol fuels), as amended by section (c) TERMINATION OF TRANSFERS TO MASS States described in subclause (I). 907(b) of the Taxpayer Relief Act of 1997. TRANSIT ACCOUNT.— ‘‘(V) 3⁄9 in the ratio that the total diesel (D) Section 4051(c) (relating to termi- (1) IN GENERAL.—Section 9503(e)(2) of such fuel used in each State bears to the total die- nation). Code (relating to Mass Transit Account) is sel fuel used in all States described in sub- (E) Section 4071(d) (relating to termi- amended by striking ‘‘2.85 cents’’ and insert- clause (I).’’. nation). ing ‘‘2.85 cents (zero, on and after October 1, (B) CONFORMING AMENDMENTS.—Section (F) Section 4081(d)(1) (relating to termi- 1998)’’. 119(f) of title 23, United States Code, is nation). (2) AUTHORIZATION TO EXPEND REMAINING amended— (G) Section 4481(e) (relating to period tax BALANCES IN ACCOUNT.—Section 9503(e)(3) of (i) in paragraph (1), by striking ‘‘If’’ and in- in effect). such Code is amended by striking ‘‘before Oc- serting ‘‘For each of fiscal years 1991 through (H) Section 4482(c)(4) (relating to taxable tober 1, 1998’’. 1997, if’’; and period). (d) EFFECTIVE DATE.—The amendments (ii) in paragraph (2)(B), by inserting (I) Section 4482(d) (relating to special rule made by this section take effect on October ‘‘through fiscal year 1997’’ after ‘‘there- for taxable period in which termination date 1, 1998. after’’. occurs). SEC. 4. INFRASTRUCTURE SPECIAL ASSISTANCE (5) INTERSTATE BRIDGE PROGRAM.—Section (2) OTHER PROVISIONS.— FUND. 144 of title 23, United States Code, is amend- (A) FLOOR STOCKS REFUNDS.—Section (a) IN GENERAL.—Section 9503 of the Inter- ed— 6412(a)(1) of such Code (relating to floor nal Revenue Code of 1986 is amended by add- (A) in subsection (d)— stocks refunds) is amended— ing at the end the following: (i) by inserting ‘‘on the Federal-aid system (i) by striking ‘‘1999’’ each place it appears ‘‘(f) ESTABLISHMENT OF INFRASTRUCTURE as described in subsection (c)(3)’’ after ‘‘high- and inserting ‘‘2004’’, and SPECIAL ASSISTANCE FUND.— way bridge’’ each place it appears; and (ii) by striking ‘‘2000’’ each place it appears ‘‘(1) CREATION OF FUND.—There is estab- (ii) by inserting ‘‘on the Federal-aid sys- and inserting ‘‘2005’’. lished in the Highway Trust Fund a separate tem as described in subsection (c)(3)’’ after (B) INSTALLMENT PAYMENTS OF HIGHWAY fund to be known as the ‘Infrastructure Spe- ‘‘highway bridges’’ each place it appears; USE TAX.—Section 6156(e)(2) of such Code (re- cial Assistance Fund’ consisting of such (B) in the second sentence of subsection lating to installment payments of highway amounts as may be transferred or credited to (e)— use tax on use of highway motor vehicles) is the Infrastructure Special Assistance Fund (i) in paragraph (1), by adding ‘‘and’’ at the amended by striking ‘‘1999’’ and inserting as provided in this subsection or section end; ‘‘2004’’. 9602(b). (ii) in paragraph (2), by striking the (3) EXTENSION OF CERTAIN EXEMPTIONS.— ‘‘(2) TRANSFERS TO INFRASTRUCTURE SPE- comma at the end and inserting a period; and The following provisions of such Code are CIAL ASSISTANCE FUND.—On the first day of April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2021 each fiscal year after 1998 and before 2003, among all States using the percentages de- portation infrastructure bank established the Secretary shall transfer $300,000,000 from termined under clause (ii)(II)(aa) for such under an interstate compact under sub- the Highway Trust Fund to Infrastructure States. section (b)(5) and described in subsection (d). Special Assistance Fund. ‘‘(ii) ENFORCEMENT.—If the Secretary de- (2) PARTICIPATING STATES.—The term ‘‘par- ‘‘(3) EXPENDITURES FROM INFRASTRUCTURE termines that a State has used amounts ticipating States’’ means the States that are SPECIAL ASSISTANCE FUND.— under clause (i) for a purpose which is not a parties to an interstate compact entered into ‘‘(A) TRANSITIONAL ASSISTANCE.— surface transportation purpose as described under subsection (b). ‘‘(i) IN GENERAL.—Except as provided in in clause (i), the improperly used amounts (3) SURFACE TRANSPORTATION.—The term clause (iv), during fiscal years 1999 through shall be deducted from any amount the State ‘‘surface transportation’’ includes mass tran- 2002, the amount in the Infrastructure Spe- would otherwise receive from the Highway sit and rail. cial Assistance Fund shall be available to Trust Fund for the fiscal year which begins (4) SURFACE TRANSPORTATION PROJECT.— States for transportation-related program after the date of the determination.’’. The term ‘‘surface transportation project’’ expenditures. (b) EFFECTIVE DATE.—The amendment means a surface transportation project, pro- ‘‘(ii) STATE SHARE.— made by this section takes effect on October gram, or activity described in subsection (b). ‘‘(I) IN GENERAL.—Except as provided in 1, 1998. (b) CONSENT OF CONGRESS.—In order to in- clause (v), each State is entitled to a share of SEC. 5. RETURN OF EXCESS TAX RECEIPTS TO crease public investment, attract needed pri- the $1,200,000,000 specified in paragraph (2) STATES. vate investment, and promote an intermodal upon enactment of legislation providing 1 of (a) IN GENERAL.—Section 9503 of the Inter- transportation network, Congress grants the 2 funding mechanisms described in nal Revenue Code of 1986 is amended by add- consent to States to enter into interstate clause (iii). ing at the end the following: compacts to— (1) promote the continuity, quality, and ‘‘(II) DETERMINATION OF STATE SHARE.—For ‘‘(g) RETURN OF EXCESS TAX RECEIPTS TO safety of the Interstate System; purposes of subclause (I), each State’s share STATES FOR SURFACE TRANSPORTATION PUR- (2) develop programs to promote and fund shall be determined in the following manner: POSES.— surface transportation safety initiatives and ‘‘(aa) Multiply the percentage of the ‘‘(1) IN GENERAL.—On the first day of each amounts appropriated in the latest fiscal of fiscal years 1999, 2000, 2001, and 2002, the establish surface transportation safety year for which such data are available to the Secretary, in consultation with the Sec- standards for the participating States; Highway Trust Fund under subsection (b) retary of Transportation, shall determine— (3) conduct long-term planning for surface which is attributable to taxes paid by high- ‘‘(A) the excess highway receipts for such transportation infrastructure in the partici- way users in the State, by the amount speci- year, and pating States; fied in paragraph (2). If the result does not ‘‘(B) allocate such excess highway receipts (4) develop design and construction stand- exceed $15,000,000, the State’s share equals among the States (as defined in section 101 of ards for infrastructure described in para- $15,000,000. If the result exceeds $15,000,000, title 23, United States Code) in proportion to graph (3) to be used by the participating the State’s share is determined under item their respective shares of the amount de- States; and (bb). scribed in paragraph (2)(A) in the latest fis- (5) establish surface transportation infra- ‘‘(bb) Multiply the percentage determined cal year for which such data are available structure banks to promote regional or other under item (aa), by the amount specified in which is attributable to highway users in the multistate investment in infrastructure de- clause (i) reduced by an amount equal to State. scribed in paragraph (3). $15,000,000 times the number of States the (c) FINANCING.—An interstate compact es- share of which is determined under item (aa). Amounts allocated to a State under this tablished by participating States under sub- ‘‘(iii) LEGISLATIVE FUNDING MECHANISMS.— paragraph may be used only for surface section (b) to carry out a surface transpor- A funding mechanism is described in this transportation (including mass transit and tation project may provide that, in order to clause as follows: rail) purposes. carry out the compact, the participating ‘‘(I) A funding mechanism which results in ‘‘(2) EXCESS HIGHWAY TAX RECEIPTS.—For States may— revenues for transportation-related projects purposes of this subsection, the term ‘excess (1) accept contributions from a unit of in the State for fiscal year 2003 and each suc- highway tax receipts’ means, with respect to State or local government or a person; ceeding fiscal year which are equal to the ex- any fiscal year, the excess of— (2) use any Federal or State funds made cess of— ‘‘(A) the aggregate amount which would be available for that type of surface transpor- ‘‘(aa) the mean annual average of distribu- appropriated to the Highway Trust Fund if tation project; tions from the Highway Trust Fund to the each of the rates specified in section (3) on such terms and conditions as the State for fiscal years 1992 through 1997; over 4081(a)(2)(A) were reduced by 4.3 cents, over participating States consider advisable— ‘‘(bb) the distributions from the Highway ‘‘(B) the sum of— (A) borrow money on a short-term basis Trust Fund to the State for such fiscal year ‘‘(i) the aggregate amount which would be and issue notes for the borrowing; and attributable to the core programs financing appropriated to the Highway Trust Fund if (B) issue bonds; and rate for such year. each of such rates equaled the core programs (4) obtain financing by other means per- ‘‘(II) A funding mechanism which results in financing rate for such year, plus mitted under Federal or State law, including an increase in the State rate of tax on motor ‘‘(ii) the aggregate of the amounts trans- surface transportation infrastructure banks fuels equal to the decrease in the rate of tax ferred from the Highway Trust Fund under under subsection (d). on such fuels under section 4081 for fiscal paragraphs (4), (5), and (6) of subsection (c) (d) INFRASTRUCTURE BANKS.— year 2003 and any succeeding fiscal year. for such year. (1) IN GENERAL.—An infrastructure bank ‘‘(iv) DISTRIBUTION OF REMAINING AMOUNT.— ‘‘(3) CORE PROGRAMS FINANCING RATE.—For may— If after September 30, 2002, a portion of the purposes of this subsection, the term ‘core (A) make loans; amount specified in paragraph (2) remains, programs financing rate’ means— (B) under the joint or separate authority of the Secretary, in consultation with the Sec- ‘‘(A) after September 30, 1998, and before the participating States with respect to the retary of Transportation, shall, on October 1, October 1, 1999, 12 cents per gallon, infrastructure bank, issue such debt as the 2002, apportion the portion among the States ‘‘(B) after September 30, 1999, and before infrastructure bank and the participating which received a share of such amount under October 1, 2000, 7 cents per gallon, States determine appropriate; and clause (ii) and which are not described in ‘‘(C) after September 30, 2000, and before (C) provide other assistance to public or clause (v) using the percentages determined October 1, 2001, 4 cents per gallon, and private entities constructing, or proposing to under clause (ii)(II)(aa) for such States. ‘‘(D) after September 30, 2001, 3 cents per construct or initiate, surface transportation ‘‘(v) ENFORCEMENT OF FUNDING MECHANISM gallon. projects. REQUIREMENT.—If a State, which enacted leg- ‘‘(4) ENFORCEMENT.—If the Secretary deter- (2) FORMS OF ASSISTANCE.— islation providing for a funding mechanism mines that a State has used amounts under (A) IN GENERAL.—An infrastructure bank described in clause (iii), terminates such subparagraph (A) for a purpose which is not may make a loan or provide other assistance mechanism before fiscal year 2003, the a surface transportation purpose as described described in subparagraph (C) to a public or State’s share determined under clauses (ii) in paragraph (1), the improperly used private entity in an amount equal to all or and (iv) shall be deducted from any amount amounts shall be deducted from any amount part of the construction cost, capital cost, or the State would otherwise receive from the the State would otherwise receive from the initiation cost of a surface transportation Highway Trust Fund for fiscal year 2003. Highway Trust Fund for the fiscal year project. ‘‘(B) ADDITIONAL EXPENDITURES FROM which begins after the date of the determina- (B) SUBORDINATION OF ASSISTANCE.—The FUND.— tion.’’. amount of any loan or other assistance de- ‘‘(i) IN GENERAL.—Amounts in the Infra- (b) EFFECTIVE DATE.—The amendment scribed in subparagraph (C) that is received structure Special Assistance Fund, in excess made by this section takes effect on October for a surface transportation project under of the amount specified in paragraph (2), 1, 1998. this section may be subordinated to any shall be available, as provided by appropria- SEC. 6. INTERSTATE SURFACE TRANSPORTATION other debt financing for the surface trans- tion Acts, to the States for any surface COMPACTS. portation project. transportation (including mass transit and (a) DEFINITIONS.—In this section: (C) OTHER ASSISTANCE.—Other assistance rail) purpose in such States, and the Sec- (1) INFRASTRUCTURE BANK.—The term ‘‘in- referred to in subparagraphs (A) and (B) in- retary shall apportion such excess amounts frastructure bank’’ means a surface trans- cludes any use of funds for the purpose of— H2022 CONGRESSIONAL RECORD — HOUSE April 1, 1998 (i) credit enhancement; enforceable agreement, or regulatory mecha- (B) in any case where liquid is held by a (ii) a capital reserve for bond or debt in- nism will ensure that the transportation in- dealer (other than the taxpayer) on October strument financing; frastructure asset will continue to be used 1, 2002— (iii) bond or debt instrument financing for the general objectives of the original (i) the dealer submits a request for refund issuance costs; Federal program that funded the asset or credit to the taxpayer before January 1, (iv) bond or debt issuance financing insur- (which shall not be considered to include 2003; and ance; every condition required for the recipient of (ii) the taxpayer has repaid or agreed to (v) subsidization of interest rates; Federal funds to have obtained the original repay the amount so claimed to such dealer (vi) letters of credit; Federal funds), so long as needed for those or has obtained the written consent of such (vii) any credit instrument; objectives; and dealer to the allowance of the credit or the (viii) bond or debt financing instrument se- (2) the private party purchasing or leasing making of the refund. curity; and the transportation infrastructure asset (3) EXCEPTION FOR FUEL HELD IN RETAIL (ix) any other form of debt financing that agrees to comply with all applicable condi- STOCKS.—No credit or refund shall be allowed relates to the qualifying surface transpor- tions of the original Federal program. under this subsection with respect to any tation project. (d) LACK OF OBLIGATION TO REPAY FEDERAL liquid in retail stocks held at the place (3) NO OBLIGATION OF UNITED STATES.— FUNDS.—A State or local government shall where intended to be sold at retail. (A) IN GENERAL.—The establishment under have no obligation to repay to any agency of (4) DEFINITIONS.—For purposes of this sub- this section of an infrastructure bank does the Federal Government any Federal funds section, the terms ‘‘dealer’’ and ‘‘held by a not constitute a commitment, guarantee, or received by the State or local government in dealer’’ have the respective meanings given obligation on the part of the United States connection with a transportation infrastruc- to such terms by section 6412 of such Code; to any third party with respect to any secu- ture asset that is privatized under this sec- except that the term ‘‘dealer’’ includes a pro- rity or debt financing instrument issued by tion. ducer. (e) USE OF PROCEEDS.— the bank. No third party shall have any right (5) CERTAIN RULES TO APPLY.—Rules similar (1) IN GENERAL.—Subject to paragraph (2), a against the United States for payment solely to the rules of subsections (b) and (c) of sec- State or local government may use proceeds by reason of the establishment. tion 6412 and sections 6206 and 6675 of such from the privatization of a transportation (B) STATEMENT ON INSTRUMENT.—Any secu- Code shall apply for purposes of this sub- infrastructure asset to the extent permitted rity or debt financing instrument issued by section. an infrastructure bank shall expressly state under applicable conditions of the original SEC. 9. MASS TRANSPORTATION. that the security or instrument does not Federal program. (a) IN GENERAL.—Section 5338 of title 49, (2) RECOVERY OF CERTAIN COSTS.—Notwith- constitute a commitment, guarantee, or ob- United States Code, is amended to read as standing any other provision of law, the ligation of the United States. follows: (e) EFFECTIVE DATE.—This section takes ef- State or local government shall be permitted fect on October 1, 1998. to recover from the privatization of a trans- ‘‘§ 5338. Authorizations SEC. 7. FEDERAL-AID FACILITY PRIVATIZATION. portation infrastructure asset— ‘‘There are authorized to be appropriated (a) DEFINITIONS.—In this section: (A) the capital investment in the transpor- to the Secretary of Transportation to carry (1) EXECUTIVE AGENCY.—The term ‘‘Execu- tation infrastructure asset made by the out this chapter— tive agency’’ has the meaning provided in State or local government; ‘‘(1) $868,000,000 for fiscal year 1999, of section 105 of title 5, United States Code. (B) an amount equal to the unreimbursed which— (2) PRIVATIZATION.—The term ‘‘privatiza- operating expenses in the transportation in- ‘‘(A) $304,000,000 shall be used to carry out tion’’ means the disposition or transfer of a frastructure asset paid by the State or local sections 5307 and 5309; transportation infrastructure asset, whether government; and ‘‘(B) $95,000,000 shall be used to carry out by sale, lease, or similar arrangement, from (C) a reasonable rate of return on the in- section 5311; and a State or local government to a private vestment made under subparagraph (A) and ‘‘(C) the amount remaining after alloca- party. expenses paid under subparagraph (B). tion under subparagraphs (A) and (B) shall be (3) STATE OR LOCAL GOVERNMENT.—The SEC. 8. REDUCTION IN MOTOR FUEL TAXES ON used at the discretion of the Secretary, in- term ‘‘State or local government’’ means the OCTOBER 1, 2002. cluding for capital expenditure under this government of— (a) REDUCTION IN TAX RATES.—Section chapter; (A) any State; 4081(a)(2)(A) of the Internal Revenue Code of ‘‘(2) $889,000,000 for fiscal year 2000, of (B) the District of Columbia; 1986 (relating to rates of tax) is amended— which— (C) any commonwealth, territory, or pos- (1) by striking ‘‘18.3 cents’’ and inserting ‘‘(A) $212,000,000 shall be used to carry out session of the United States; ‘‘7.3 cents’’, sections 5307 and 5309; (D) any county, municipality, city, town, (2) by striking ‘‘19.3 cents’’ and inserting ‘‘(B) $97,000,000 shall be used to carry out township, local public authority, school dis- ‘‘8.3 cents’’, and section 5311; and trict, special district, intrastate district, re- (3) by striking ‘‘24.3 cents’’ and inserting ‘‘(C) the amount remaining after alloca- gional or interstate government entity, ‘‘7.3 cents’’. tion under subparagraphs (A) and (B) shall be council of governments, or agency or instru- (b) CONFORMING AMENDMENTS.— used at the discretion of the Secretary, in- mentality of a local government; or (1) Clauses (ii) and (iii) of section cluding for capital expenditure under this (E) any federally recognized Indian tribe. 4041(a)(2)(B) of such Code are each amended chapter; (4) TRANSPORTATION INFRASTRUCTURE by striking the number of cents specified ‘‘(3) $916,000,000 for fiscal year 2001, of ASSET.— therein and inserting ‘‘4.3 cents’’. which— (A) IN GENERAL.—The term ‘‘transportation (2) Section 6427(b)(2)(A) of such Code is ‘‘(A) $119,000,000 shall be used to carry out infrastructure asset’’ means any surface- amended by striking ‘‘7.4 cents’’ and insert- sections 5307 and 5309; transportation-related asset financed in ing ‘‘0.1 cent’’. ‘‘(B) $100,000,000 shall be used to carry out whole or in part by the Federal Government, (c) EFFECTIVE DATE.—The amendments section 5311; and including a road, tunnel, bridge, or mass- made by this section shall apply to fuel re- ‘‘(C) the amount remaining after alloca- moved after September 30, 2002. transit-related or rail-related asset. tion under subparagraphs (A) and (B) shall be (d) FLOOR STOCK REFUNDS.— (B) EXCLUSION.—The term does not include used at the discretion of the Secretary, in- (1) IN GENERAL.—If— any transportation-related asset on the cluding for capital expenditure under this (A) before October 1, 2002, tax has been im- Interstate System (as defined in section 101 chapter; posed under section 4081 of the Internal Rev- of title 23, United States Code). ‘‘(4) $941,000,000 for fiscal year 2002, of enue Code of 1986 on any liquid; and (b) PRIVATIZATION INITIATIVES BY STATE which— (B) on such date such liquid is held by a AND LOCAL GOVERNMENTS.—The head of each ‘‘(A) $27,000,000 shall be used to carry out Executive agency shall— dealer and has not been used and is intended sections 5307 and 5309; (1) assist State and local governments in for sale; ‘‘(B) $103,000,000 shall be used to carry out efforts to privatize the transportation infra- there shall be credited or refunded (without section 5311; and structure assets of the State and local gov- interest) to the person who paid such tax (in ‘‘(C) the amount remaining after alloca- ernments; and this subsection referred to as the ‘‘tax- tion under subparagraphs (A) and (B) shall be (2) subject to subsection (c), approve re- payer’’) an amount equal to the excess of the used at the discretion of the Secretary, in- quests from State and local governments to tax paid by the taxpayer over the amount of cluding for capital expenditure under this privatize transportation infrastructure as- such tax which would be imposed on such liq- chapter; and sets and waive or modify any condition re- uid had the taxable event occurred on such ‘‘(5) $961,000,000 for fiscal year 2003, of lating to the original Federal program that date. which— funded the asset. (2) TIME FOR FILING CLAIMS.—No credit or ‘‘(A) $0 shall be used to carry out sections (c) CRITERIA.—The head of an Executive refund shall be allowed or made under this 5307 and 5309; agency shall approve a request described in subsection unless— ‘‘(B) $105,000,000 shall be used to carry out subsection (b)(2) if— (A) claim therefor is filed with the Sec- section 5311; and (1) the State or local government dem- retary of the Treasury before April 1, 2003; ‘‘(C) the amount remaining after alloca- onstrates that a market mechanism, legally and tion under subparagraphs (A) and (B) shall be April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2023 used at the discretion of the Secretary, in- be determined by comparing the estimated course, that would have meant the pro- cluding for capital expenditure under this amounts of discretionary outlays that would gram would have been ended in 1968. chapter.’’. flow from the new budget authority author- And here we are going into the next (b) EFFECTIVE DATE.—The amendment ized in this Act on the assumption that sub- century, and the program still contin- made by this section takes effect on October sequent appropriation Acts will provide 1, 1998. amounts consistent with this Act (and that ues. What I wanted to propose today is SEC. 10. REPORT TO CONGRESS. obligation limitations set forth in such ap- Not later than 180 days after the date of propriation Acts, if any, equal the cor- what I believe will ultimately happen enactment of this Act, after consultation responding levels of contract authority pro- in this country. And I must tell my with the appropriate committees of Con- vided in this Act) and the corresponding colleagues, I am disappointed that our gress, the Secretary of Transportation shall amounts of discretionary outlays assumed in Republicans who want to turn power, submit a report to Congress describing such House Concurrent Resolution 84 (105th Con- money, and influence back to people in technical and conforming amendments to ti- gress) and House Report 105–116. local communities and to the States (d) CONFORMING ADJUSTMENT TO DISCRE- tles 23 and 49, United States Code, and such have not actually adopted this pro- TIONARY SPENDING LIMITS.—Upon compliance technical and conforming amendments to posal. I call it the turn-back proposal. other laws, as are necessary to bring those with the requirements specified in sub- titles and other laws into conformity with section (b), the Director shall adjust the ad- What it does, and I do not want any- the policy embodied in this Act and the justed discretionary spending limits for each body back in the offices to be confused amendments made by this Act. fiscal year under section 251(c) of the Bal- about precisely the way this works, anced Budget and Emergency Deficit Control SEC. 11. EFFECTIVE DATE CONTINGENT UPON what we would do over the period of CERTIFICATION OF DEFICIT NEU- Act of 1985 (2 U.S.C. 901(c)) by the estimated the next 4 years is to wrap up the TRALITY. reductions in discretionary outlays under projects that are currently under con- subsection (c)(1)(B). (a) PURPOSE.—The purpose of this section tract and then to begin to block grant (e) PAYGO INTERACTION.—Upon compliance is to ensure that— money back to the States, their money (1) this Act will become effective only if with the requirements specified in sub- the Director of the Office of Management section (b), no changes in receipts or direct back to the States. and Budget certifies that this Act is deficit spending estimated to result from the enact- At the end of 4 years, we would essen- neutral; ment of this Act shall be counted for the tially repeal the entire Federal gas tax (2) discretionary spending limits are re- purposes of section 252(d) of the Balanced program, except for 3 cents. We would duced to capture the savings realized in de- Budget and Emergency Deficit Control Act leave 2 cents still coming to Washing- volving transportation functions to the of 1985 (2 U.S.C. 902(d)). ton for purposes of maintaining the State level; and The CHAIRMAN. Pursuant to House interstate system, and we would also (3) the tax reduction made by this Act is Resolution 405, the gentleman from leave one additional penny in Washing- not scored under pay-as-you-go and thereby Ohio (Mr. KASICH) and a Member op- ton to help those States that have inadvertently trigger a sequestration. posed each will control 15 minutes. unique transportation needs. (b) EFFECTIVE DATE CONTINGENCY.—Not- withstanding any other provision of this Act, The Chair recognizes the gentleman At the same time, what we would this Act and the amendments made by this from Ohio (Mr. KASICH). argue is that we would repeal this Act shall take effect only if— Mr. KASICH. Mr. Chairman, I yield whole Federal program; and we would (1) the Director of the Office of Manage- myself 6 minutes. essentially say to the States, they tax ment and Budget (referred to in this section Well, the first thing I want to do is themselves at the pump, they pave as the ‘‘Director’’) submits the report as re- just point out to the House and to my their own roads, they make their own quired in subsection (c); and colleagues on the floor tonight who decisions, and they use their own regu- (2) the report contains a certification by may study government, I think it is latory authority to decide how they the Director that the reduction in discre- tionary outlays resulting from the enact- very interesting and think even a cause are going to do things. ment of this Act (assuming appropriation for optimism to recognize the fact that In a nutshell, what we are suggesting amounts described in paragraph (2)(B)) is at the gentleman from Pennsylvania (Mr. is rather than the States tax them- least as great as the sum of the net reduc- SHUSTER) and I have been locked in a selves at the pump and send their tion in receipts and direct spending provided titanic struggle now for the course of money to Washington so that we can in this Act for each fiscal year through 2003. the last several years; and I think what then send it back, what we are suggest- (c) OMB ESTIMATES AND REPORT.— we can conclude from this is that it has ing is they never send the money to (1) REQUIREMENTS.—Not later than 7 cal- been possible for two people to be able Washington in the first place. Because endar days (excluding Saturdays, Sundays, and legal holidays) after the date of enact- to take opposite positions based firmly we all know what happens when we ment of this Act, the Director shall— on their principles and yet at the same send our money to Washington expect- (A) estimate the net change in receipts and time to be able to maintain a good re- ing it to come back. It never comes in direct spending resulting from the enact- lationship and never to make the fight back the way we want, and it never ment of this Act for each fiscal year through personal. comes back in the amount we want. 2003; I hope that in some small way maybe So what we are suggesting going into (B) estimate the net change in discre- down the road this debate will serve as the next century is that they get to tionary outlays resulting from the reduction somewhat of a model to those that en- keep their money at home, they get to in budget authority under this Act for each gage at times on this floor in very make their decisions based on what fiscal year through 2003; (C) determine, based on those estimates, heated debates based on very firmly their transportation needs are, that whether the reduction in discretionary out- held principles. So I think this is a the Federal Government will only have lays resulting from the enactment of this very bright day for the House of Rep- the responsibility for maintaining the Act (assuming appropriation amounts de- resentatives from the standpoint of current interstate system and helping scribed in paragraph (2)(B)) is at least as how, in fact, we conduct our debates. those States that are in trouble. great as the sum of the net reduction in re- Let me start and talk to those who And how do they come out? At the ceipts and direct spending provided in this are actually watching this now and let end of the day, bingo, 32 States in Act for each fiscal year through 2003; and me just start with a quote that was ut- America would benefit from this pro- (D) submit to the Congress a report setting forth the estimates and determination. tered on January 3, 1956. gram. If they live in Texas, if they live (2) APPLICABLE ASSUMPTIONS AND GUIDE- ‘‘If we are to solve our mounting traffic in California, if they live in Florida, if LINES.— problem, the whole interstate system must they live in Ohio, they will get to tax (A) REVENUE AND DIRECT SPENDING ESTI- be authorized as one project to be completed themselves, keep their own money, and MATES.—The revenue and direct spending es- approximately within the specified time of 10 we will also not have these onerous timates required under paragraph (1)(A) shall years. Federal regulations that the State De- be predicated on the same economic and In 1956, those words were uttered by partment of Transportation argues technical assumptions and scorekeeping Dwight David Eisenhower. And, in fact, costs as much as 20 percent on each guidelines that would be used for estimates the legislation that passed the United made pursuant to section 252(d) of the Bal- project. anced Budget and Emergency Deficit Control States Congress authorized the Inter- There would be six States that would Act of 1985 (2 U.S.C. 902(d)). state Highway System Program for a break even. But that would not be true, (B) OUTLAY ESTIMATES.—The outlay esti- period of 12 years, to be ended at the because when we cut the Federal regu- mates required under paragraph (1)(B) shall period at the end of 12 years. And, of lations, the States would be far ahead. H2024 CONGRESSIONAL RECORD — HOUSE April 1, 1998 There would also be 12 States that Mr. Chairman, I rise in strong opposi- for those who have been struggling to would have special needs. That is why tion to this amendment. Interestingly repeal the 4.3 cent gas tax, we would we would keep that extra penny in enough, while this would simply turn take that to the Committee on Ways Washington to help those States. things back to the States, ironically and Means and, in fact, repeal the 4.3 But when we take a view at the there is a greater need for us to have a cents. Make no mistake about it. United States of America, 38 States are coordinated, tied-together national In addition to it, let me just suggest going to be clear winners under this transportation system than ever. Why? one thing. I believe our Governors of program. What does that mean for us? Because more people and more goods our States are actually capable of being able to coordinate the transpor- b 2000 are moving interstate than ever before. I think it is important. tation needs of our Nation. We believe It means that we will have more I think it is important to recognize that they can do this as Republicans money at home without sending it to that 64 percent of all truck traffic trav- and conservatives for a whole variety Washington so we can all figure out els interstate now. I think it is impor- of functions. We absolutely believe what is best. We will be able to tax our- tant to recognize, as I mentioned ear- they can get it right in highways. In selves to the limit that we want to lier today, a great example, Oklahoma fact, if we pass this amendment, they meet the highway needs that we have. City, where two interstates intersect, will have more money and less Federal At the end of the day, we will not 60 percent of the license plates are out regulations in order to get the job only have more money to spend on our of State license plates. done. own roads, but we will not have all the Indeed, there is a greater need to Mr. Chairman, I yield 1 minute to the Federal bureaucrats that sit around have this tied together than ever be- gentleman from Arizona (Mr. SALMON). day and night trying to figure out all fore. Our bill not only does that, but it Mr. SALMON. Mr. Chairman, I have those silly regulations that drive the also gives flexibilities to the States got a news flash for the American peo- cost up of the projects, and we will be and the cities by saying that 50 percent ple, and that is the American two- ahead. If we want to look towards the of the funding in each category can be party system we have loved for so long. future that is the way it ought to go. flexibly moved about to other cat- It is clear with today’s goings on it is We had a big debate today. Is a 43 dead and gone. percent increase in highway funding egories. Beyond that, understand, this The Republicans and the Democrats justified? We had another debate today amendment keeps the 4.3 cents here in have been replaced by one big mam- about these special projects. We would Washington and does not spend it. So moth party called the ‘‘republicrats’’, not have that debate anymore if we we are back to the same old game, the and they have one interest, and that is just turned the program back to where shell game of taxing the American peo- business as usual. we lived. My support for the Kasich amend- ple for gas taxes; and, yet, keeping that To my Republican colleagues, we ment is typified by this story. It ap- money here and not spending it. want to turn welfare back to people pears there was a young boy who wrote Beyond that, this amendment has where they live. We want to turn edu- a letter to God asking for $10 because not been scored by the Congressional cation back to where they live. We he wanted to buy something. The post Budget Office. This amendment ex- wanted to turn public housing back to office did not know where else to send empts the pay-go provisions of the bill where they live. You know what, I it, so they sent it to the White House. think we can turn concrete back to for which we have been criticized. The President got a kick out of that. So for all of these reasons, it is very where they live, because they will, not He put a dollar in the mail back to the important that we reject this amend- only have more money, and they will boy. The boy quickly wrote another ment. It is very important, also, to rec- not only be able to pave more roads, letter back to God. He said, God, thank ognize that, of the money that comes but they will be able to use their own you so much for the money that you to Washington now, only 1 percent local judgment to decide what their sent me, but it went by way of Wash- stays here down at the Department of needs really are. ington, D.C., and they took out $9 and Transportation for administrative pur- I would urge my Republican col- only gave me $1. Could you please send poses, 88 percent goes back to the leagues and many of my Democratic it to me directly next time? colleagues to come to the floor and States to be spent, 5 percent goes to I think that is what we are after. We vote for the future. Vote for the future the Secretary of Transportation to be just want to make sure that the money where we can be in control of our own sent back to the States for high cost stays in the States, and we cut out the destiny in so many ways. discretionary projects, 5 percent goes Federal middleman, and all of the This fits the idea that really Wash- back to the States through the con- money goes to transportation, the ington does not know best. But who gressional projects, and only 1 percent needs appropriated by the citizens of really knows best are the people that stays in Washington. the States we live in. get up and go to work and earn a living Further, State regulations, which in Mr. SHUSTER. Mr. Chairman, I yield and pay the taxes. They ought to be many cases are as onerous, if not more myself 15 seconds to simply make the the ones that decide what our real onerous, than Federal regulations, point that this amendment does not re- needs are. We ought not to ask them to would obviously stay in place. Indeed, peal the 4.3 cents. It keeps that money send their money here so when they we have no assurance whatsoever that, here in Washington. Secondly, all 50 get it back they are always dis- if we turn this back to the States, that Governors support our bill. Those are appointed. Let us just call the whole the States would pass and increase facts. thing off, and let us pass the Kasich their gas taxes. Mr. Chairman, I reserve the balance amendment. Indeed, I am told that, on the aver- of my time. Mr. SHUSTER. Mr. Chairman, I rise age, each State would have to pass the Mr. OBERSTAR. Mr. Chairman, may in opposition to the amendment. State gas tax increasing it by 15 cents I inquire what the distribution of time The CHAIRMAN. The gentleman per gallon. So what assurance do we is at this point. from Pennsylvania (Mr. SHUSTER) is have? No, this is simply destroying The CHAIRMAN. The gentleman recognized for 15 minutes. what must be a national program from Minnesota (Mr. OBERSTAR) has 71⁄2 Mr. SHUSTER. Mr. Chairman, I ask which is to tie our country together minutes. unanimous consent that 71⁄2 minutes be from a transportation point of view. Mr. OBERSTAR. Mr. Chairman, I allotted to the gentleman from Min- For those reasons, I say we should de- yield 3 minutes to the gentleman from nesota (Mr. OBERSTAR) and that he be feat this amendment. West Virginia (Mr. RAHALL), ranking permitted to control that time. Mr. Chairman, I reserve the balance member on the Subcommittee on Sur- The CHAIRMAN. Is there objection of my time. face Transportation. to the request of the gentleman from Mr. KASICH. Mr. Chairman, I yield Mr. RAHALL. Mr. Chairman, I thank Pennsylvania? myself 30 seconds. the gentleman from Minnesota, the There was no objection. Mr. Chairman, let us make no mis- ranking member, for yielding to me. Mr. SHUSTER. Mr. Chairman, I yield take about it. Under this proposal, first Mr. Chairman, the previous speaker myself such time as I may consume. of all, it is deficit-neutral. Secondly, had just spoken of the formation of two April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2025 parties today. He said ‘‘republicrats’’, I roadway. These principal arterial me as somewhat humorous. I am not believe is what he called those of us routes, along with our interstates, are running for President, but I have been working for the future of America by part of the national highway system. in 30 American communities over the these investments we are making Interstates play only a small part of last year talking about ISTEA and today. I would suggest perhaps the that national highway system we des- transportation. I tell my colleagues to other party that he did not refer to ignated in 1995. I urge that we continue a certainty, in community after com- should be called the ‘‘RWWK’’, the this Federal responsibility to main- munity, it was the ISTEA structure ‘‘right wing whacko kids’’ for some of taining our interstates and national that enabled for the first time cities the philosophy they have been espous- highway systems. Vote no on this and regions to have a voice that were ing here today. amendment. ignored by State transportation com- I commend the gentleman from Ohio Mr. KASICH. Mr. Chairman, I yield 1 missions in State after State. for his tenacity. I do not agree with his minute to the gentleman from Califor- This is not a vote for the future. It is amendment, but certainly his tenacity nia (Mr. COX). a turning our back on the partnerships is to be commended. He has testified Mr. COX of California. Mr. Chairman, that can make America great. before our committee before. This is I thank the gentleman for yielding to b 2015 not his first time of putting this pro- me. posal forward. Mr. Chairman, everything that was Mr. KASICH. Mr. Chairman, I have I would also note that I have been just said makes a great deal of sense always liked righteous indignation. waiting for this day for a long, long provided that we stipulate that the Mr. Chairman, I yield 1 minute to the time. I want to see a rollcall vote Federal Government is the low-cost gentleman from Arizona (Mr. KOLBE). taken on the gentleman from Ohio’s provider, that the most efficient way Mr. KOLBE. Mr. Chairman, I thank amendment, because I think we need to to get the most roads, the most the gentleman for yielding this time to clear once and for all where things bridges, and the most transportation is me. I rise in support of the Kasich sub- stand on this particular issue. to send the money to Washington first stitute. Frankly, I am disappointed This amendment is, indeed, a thinly where the freight charges can be de- today that we see before us a bill that veiled attempt to turn back almost all ducted or where it can be run through so fundamentally, so clearly violates highway responsibilities to our States, the bureaucracy here and then shipped the principles of fiscal responsibility, to devolve the Federal responsibility. pack to the States. flies in the face of the balanced budget So it just pertains to interstates and If we think that Washington is the agreement that so many of us in this roads within our national parks, our best way to do it, getting the Washing- body worked so hard to achieve. Should public lands, and Indian reservations. ton bureaucracy involved is the most we not be concerned about the fact That is it. There would be no other efficient way to do it, then, by all that we are going to be spending $33 Federal highway-related responsibil- means, keep sending our gas taxes to billion more than the balanced budget ities. Washington, D.C., even after the Inter- agreement? That is $33 billion more. Under the gentleman’s amendment, state Highway Program was all fin- Mr. Chairman, I think it is hypo- to accomplish this goal, the Federal ished, which it was in 1991. critical for this Congress to brag about motor fuels tax would be reduced to a If we think the Washington bureauc- its historic balanced budget agreement little more than 7 cents per gallon and racy is the low-cost provider, then, by on the one hand and then move to ultimately phased down to 3 cents a all means, vote for the status quo. If trash that agreement. There is no way gallon. we think Washington knows best, send that I think any of us here can justify The obvious problem with his ap- all our money back here. But if we this shameful exercise in fiscal irre- proach is that it does nothing, it does want more transportation, more high- sponsibility. nothing to address the existing short- ways, more bridges, more infrastruc- Now I know the legislation says that fall and spending to address our defi- ture, more transit, then take the full there is going to be offsets to it, but do cient highway infrastructure. In fact, dollar of gas tax and spend it at home. we not have a responsibility to first de- it would worsen that shortfall. This program guarantees us a full 90 termine where those offsets ought to Considering the 18.3 cents per gallon percent of what we send to Washing- come from, where we are going to get Federal gas tax that is reserved for ton. It is time to get 100 percent. That the money to spend for this, before we transportation investments, that is is what this amendment will do. go about authorizing it? Are we going simply to maintain our status quo. Mr. OBERSTAR. Mr. Chairman, I to take it out of defense? Are we going Simply to maintain that status quo, yield 1 minute to the gentleman from to take it out of programs in law en- many States are going to have to then Oregon (Mr. BLUMENAUER). forcement? Tax relief for American increase their State gasoline taxes by Mr. BLUMENAUER. Mr. Chairman, citizens? War on drugs? Where are we at least 15 cents per gallon under this since the founding of this Republic, the going to take it from? turn-back proposal, devolution, States Federal Government has been inte- I think we should think about those opt out, or whatever description they grally involved with developing an in- things before we pass this legislation. want to give it. frastructure system: railroads, free- Congress has an established process If my colleagues believe that the ma- ways, airports, ports, and inland water- for appropriating money. The authoriz- jority of our State Governors in their ways. And it has provided us a national ing committee approves the spending, legislative bodies are prepared to take system that has made this country the Committee on Appropriations ap- this type of action of increasing their great. But today, it is fraying at the propriates the money. That is a fre- State gasoline taxes to make up for edges. quently contentious process, but it is a this shortfall, if we believe State Gov- This proposal, the turn-back pro- democratic process and we ought to ernors and legislators are going to do posal, I think is appropriately named, keep it. that, then welcome to la-la land. because just when we are on the verge Vote ‘‘aye’’ on this amendment. There are numerous other problems of getting it right under the ISTEA for- Mr. SHUSTER. Mr. Chairman, I yield with this approach as well. The fun- mula, we would be turning back to 1 minute to the distinguished gen- damental problem, however, is that it States that have varied, highly re- tleman from Ohio (Mr. LATOURETTE). simply throws crumbs at our crum- stricted constitutional provisions on Mr. LATOURETTE. Mr. Chairman, I bling infrastructure. That is all this how they can spend the money. They thank the gentleman for yielding this approach does. would be turning their back on many time to me. There is a Federal responsibility, in of the environmental priorities, transit Mr. Chairman, I have the highest re- my opinion, a pressing need on the priorities, and the strong national sys- gard for the chairman of the Commit- Federal level to improve our roads, tem that we have for bicycles. We tee on the Budget, who will make a highways, and bridges. It goes to more would be turning our back on many of great President of the United States than just our interstate system. these areas. one day, but I am going to tell my col- Every day our people cross State Onerous Federal regulations that the leagues his amendment predicts that lines on a noninterstate highway or gentleman from Ohio refers to strikes there is no politics played in the local H2026 CONGRESSIONAL RECORD — HOUSE April 1, 1998 level in the State of Ohio or any other Federal regulations that go back with movement of, mobility of people and State. I can point the gentleman to that money increase the cost of roads goods, the greatest thrust for economic half a billion dollars of road projects and bridges by 50 percent. Other road growth that this country or any coun- within spitting distance of the State economists estimate that it is 40 per- try has undertaken. Our transportation capital that we share in Columbus, cent. Talking about politics played, we network has given America the thrust Ohio. I can also point the gentleman to use this money as blackmail. We say to to be a world power. roads in my area of the State where for States, ‘‘Unless you do things our way, Let us not retreat to the past. Let us 26 years there have been promises we’re not going to give you the road vote for the future, for BESTEA, and made, where young people die every money. Unless you do your environ- vote down the Kasich amendment. day and improvements never come. mental regulations our way, you don’t Mr. KASICH. Mr. Chairman, I yield 2 Mr. Chairman, the gentleman’s get your road money.’’ minutes to the very distinguished gen- amendment takes the decision out of If we want to get rid of the politics, tleman from Wisconsin (Mr. OBEY). the hands of 435 Members of this House if we want to have more efficient con- Mr. OBEY. Mr. Chairman, a donor who are elected by 600,000 people and struction and utilization to build a State is better off under Kasich. If my gives it to 50 men and women across road and bridge system in this country colleagues believe that States can do this country who are elected by mil- that is badly in need of repair, then let some things better than the Federal lions. H.R. 2400, BESTEA, makes sure us let the money stay in the States in Government, vote for Kasich. If my that local decision-making is pre- the first place instead of running it colleagues want highways off budget, served. Ohio receives $300 million more through the Washington bureaucracy. let us really take them off budget, keep per year than it received under ISTEA. Mr. OBERSTAR. Mr. Chairman, I the dollars at home and vote for Ka- This bill is a good bill, and it needs to yield myself the balance of the time. sich. be passed. The CHAIRMAN. The gentleman There is or there should be a Federal Mr. SHUSTER. Mr. Chairman, I yield from Pennsylvania is recognized for 21⁄2 role in the highway area, but this bill 1 minute to the gentleman from Penn- minutes. is so incredibly irresponsible. Forty- sylvania (Mr. MCHALE). Mr. OBERSTAR. Mr. Chairman, I am four percent over the last bill, $40 mil- Mr. MCHALE. Mr. Chairman I oppose just delighted that the gentleman from lion over the budget; it demonstrates the ‘‘turn your back’’ amendment. The Ohio (Mr. KASICH), the author of this this Congress has lost all manner of Kasich amendment would lower the amendment, was not in the Eisenhower self-control on this issue and does not Cabinet or in the Bureau of Roads, as it gasoline tax by virtually eliminating deserve to have its hands on the dollars was known in those days, because Federal support for our Nation’s high- in this bill. ways. goodness knows we would never have The gentleman from Pennsylvania Last week my wife Kathy bought a had a Highway Trust Fund, we would said a moment ago, oh, this amend- gallon of gasoline in my district for 99 have never had an interstate highway ment is not scored. I could not help but cents. We may have among the cheaper program; he would have just let the laugh. Give me a break. This bill has gasoline in the Western World. Mr. States go on and fumble as they had been scored, and it is a $40 billion budg- Chairman, we do not need cheaper gas, been doing. He would take us back to a et buster. we need better safer highways. time that none of us here could pos- We are told 50 Governors support the A few minutes ago my friend and col- sibly imagine, a time when some bill. What Governor do we not see in league, the gentleman from Oklahoma States started roads, others did not, this posture, with his hand out half the (Mr. LARGENT) attacked the proposed they built it up to a certain point and time? We had 40 of those Governors redevelopment of the industrial water- then it stopped. Bridges were started last year tell us to pass the same budg- front in Allentown, Pennsylvania. The and then stopped. gentleman from Oklahoma has never If we follow the gentleman’s logic all et that now they are telling us to bust. visited the site; I live 2 miles away. the way through, we would have That is ridiculous. The gentleman from Oklahoma has bridges that go halfway across a river Last year when we passed the welfare never spoken to the low-income fami- because one State would want to build reform bill we told people that there lies who live in the area; I have many it and the other State would not or was no longer any need to keep Federal times. would run out of money, or we would standards under how we took care of The ISTEA funding in this bill will have roads that go up to a State’s bor- poor people. If that is the case, there is provide roads and access ramps to re- der and the other State would say, certainly no need to maintain Federal claim and restore a brownfield site lo- ‘‘Well, we don’t think we want to build standards on concrete. cated in the heart of one of Pennsylva- a road there.’’ Vote for the Kasich amendment. It nia’s largest cities. There could be, I I mean, he would have us in chaos, he gets us out of the most irresponsible pledge to the gentleman from Okla- would have us back in 14th century mess I have seen in this Congress in at homa (Mr. LARGENT) and others, there England when the rule was that the least a week. could be no more honorable investment owner of a castle had to repair the road Mr. SHUSTER. Mr. Chairman, I yield of public funds. in front of their castle so that the car- 2 minutes to the gentleman from Wis- What a meaningless victory if we pre- riages riding along would not be stuck consin (Mr. PETRI) the distinguished serve the budget but abandon our cit- in the potholes, and if they did, then chairman of the subcommittee. ies. What a callous misjudgment if we they had to pull them out. He would Mr. PETRI. Mr. Chairman, I thank protect our wallets but abandon our set us back, not forward. the gentleman for yielding this time to people. This is a vote for the past, not a vote me, and I would just like to make a few I urge a ‘‘no’’ vote on the Kasich for the future. This is a vote for a chi- points. amendment. merical view of transportation in The Kasich amendment, hearing Mr. KASICH. Mr. Chairman, I yield 1 America, one that exists solely in the some of the people describe it, sounds minute to the gentleman from Michi- mind of its author but does not exist in like a pretty good idea: Keep the gan (Mr. SMITH) one of my cosponsors. reality. money in the States where it is gen- Mr. SMITH of Michigan. Mr. Chair- If we are going to be a Nation, and if erated and where it can be spent most man, the first question it seems like we my colleagues believe in the Constitu- efficiently, instead of sending it out to should ask ourselves: How do we most tion that said a responsibility of the Washington and having all sorts of red efficiently and most effectively get Congress shall be to build post roads, tape added and then sending it back so bridges and roads repaired in this coun- that it shall have authority over inter- we do not get as much investment for try? One problem with the money com- state and foreign commerce, then it is our infrastructure as we pay for. ing to Washington and then going back our duty to promote interstate and for- Is that what the Kasich amendment to the States is there is too many eign commerce, and the way to do it is does? No. Last time I checked, what strings attached when it goes back to through transportation, and we do was the Federal gas tax? 18.4 cents. the States. that. How much does the Kasich amendment Gabriel Roth, in his book ‘‘Roads in a This legislation that we bring to the send back? 18.4 cents? No, 11 cents. Market Economy,’’ estimates that the floor today continues the greatest What happens to the rest? Stays in April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2027 Washington, at least a lot of it, and is This is much better than block have a letter from Governor Whitman spent on other things. grants. This is returning responsibility of New Jersey in which she says turn So in my State, in Wisconsin, what is to the States. I compliment the gen- back what hurt our State’s ability to being said? This is saying we want to tleman for bringing this to the floor. move people and goods throughout the increase taxes at the State level be- b 2030 Northeast corridor. That is the way it cause we will give them in Washington is across America. Why? Because more 11 cents, and in order to maintain the The CHAIRMAN. The Chair will ad- people are traveling interstate than transportation investment in their in- vise Members that the gentleman from ever before. frastructure they will have to raise Ohio (Mr. KASICH) has 11⁄2 minutes re- And do not be fooled by this pig in a their gas taxes how much? 11 cents? maining and the gentleman from Penn- poke. This does not turn back the 4.3 No, 15 cents. sylvania (Mr. SHUSTER) has 11⁄4 minutes cents. This does not rescind the 4.3 As my colleagues know, the Gov- remaining and the right to close. cents. This amendment does nothing ernors and a lot of experts watching Mr. KASICH. Mr. Chairman, I yield 1 but keep the 4.3 cents, which amounts what is happening in our national Fed- minute to the distinguished gentleman to about $6.5 billion a year, here in eral system have been pointing out from Brookhaven, Mississippi (Mr. Washington, not to be spent on high- that people in Washington cut back on PARKER). ways, but to be spent to mask and dis- spending and it has to be picked up at Mr. PARKER. Mr. Chairman, I thank guise the same old Ponzi scheme of the State and local level and higher the gentleman for yielding me time. using this money rather than building taxes at the State and local level, and Mr. Chairman, I rise in strong sup- highways in America. then we pat ourselves on the back for port of the Kasich amendment. Tim Indeed, my good friend from Ohio supposedly cutting burdens when all we Penny, I saw him yesterday, and Tim talks about the regulations here. Only are doing is shifting it to the State and made a statement to me which I find 1 percent of the money stays in Wash- local level. fascinating. He said he felt he owed an ington for the Department of Transpor- The Governors have been criticized apology to some of the liberal Demo- tation. But we Republicans control the here on this floor, but I think they are cratic chairmen for some of the bills Congress. If we want to change the reg- elected too and are due our respect. that they had written. He thought ulations, then let us do it. And, indeed, They were out here just a few weeks there was a lot of pork in them, and he we hope that we will control the White ago pointing out that over the last 20 found out that, no, that was not really House a few years from now, and in- years the Federal percentage of invest- right; that this particular bill that has deed it may well be the gentleman ment in our Nation’s transportation in- been brought forth puts the rest of from Ohio (Mr. KASICH), the chairman frastructure have been gradually de- them to shame. And I agree. of the Committee on the Budget, who clining. We have been talking pretty Now, if you think this bill is going to will be the next President of the United big out here, but we have been trans- become law as it is, it is not. The Sen- States. And if he is the next President ferring the budget responsibility, the ate is not going to pass this bill, and I of the United States, I will join with need for raising the revenue to main- pray to God that the President of the him in changing these regulations. tain our roads and bridges in the United States vetoes it. The CHAIRMAN. The question is on United States, from Washington back The interesting thing is this: Can you the amendment in the nature of a sub- to the State and local units of govern- imagine the depths that we have sunk stitute offered by the gentleman from ment. This would radically accelerate to when we have to depend on the other Ohio (Mr. KASICH). that, and it would basically short- body and the President of the United The question was taken; and the change every State in the United States to show fiscal responsibility? Chairman announced that the noes ap- States by about 4 cents. I predict that this vote will be one of peared to have it. Please vote ‘‘no.’’ the worst votes, if you vote for this Mr. KASICH. Mr. Chairman, I yield 1 Mr. KASICH. Mr. Chairman, I de- bill, of any vote you have ever cast, if minute to the gentleman from Texas mand a recorded vote. you are a conservative, a fiscal con- The CHAIRMAN. Pursuant to House (Mr. PAUL). Mr. PAUL. Mr. Chairman, I thank servative and believe in fiscal respon- Resolution 405, further proceedings on the gentleman for yielding this time to sibility. You will rue the day you voted the amendment offered by the gen- me. I rise in strong support of this for this. tleman from Ohio (Mr. KASICH) will be amendment. Mr. KASICH. Mr. Chairman, I yield postponed. I would like to remind my colleagues myself the balance of my time. SEQUENTIAL VOTES POSTPONED IN COMMITTEE that in the 1950s when the Federal Mr. Chairman, let me just make it OF THE WHOLE highway program started it was recog- clear: What we want to do is keep 3 The CHAIRMAN. Pursuant to House nized that it was an improper function cents in Washington to maintain the Resolution 405, proceedings will now of the Federal Government. Therefore current interstate system. If you come resume on those amendments on which the Congress back then, they were still from Montana, where you are losing in further proceedings were postponed in recognizing that the Constitution had this bill, we are going to keep a penny the following order: some effect as well as the President; here to help you and the other heavy Amendment No. 4 offered by the gen- they had to come up for a reason for transit States. We are going to repeal tleman from South Carolina (Mr. the highway projects, so they did it the 4.3 cents enacted in 1993 that every GRAHAM); Amendment No. 5 offered by under national defense. Republican voted against, and we are the gentleman from South Carolina Of course today we do not debate going to get rid of the rest of the gas (Mr. SPRATT); and Amendment No. 6 of- that issue in that light, but I think we tax and let the States levy their own fered by the gentleman from Ohio (Mr. see the results of doing something that taxes and manage their own roads with KASICH). was not proper. Today it is very expen- their own regulations. The Chair will reduce to 5 minutes sive, it is very bureaucratic, and we I do not think that we are going to the time for any electronic vote after have seen tonight in the debate how it have any halfway built bridges that are the first vote in this series of votes. has become politicized. going to end in the middle of a river. I AMENDMENT NO. 4 OFFERED BY MR. GRAHAM So if we are looking for a fair way to think people are smarter than that. I The CHAIRMAN. The pending busi- build highways, a more efficient way to know this, they are a lot smarter at ness is the vote on the amendment of- build highways, I think this is the an- home than they are right here in Wash- fered by the gentleman from South swer. This is not going backwards, this ington. Carolina (Mr. GRAHAM) on which fur- is going forward. This would be the Vote for the Kasich amendment. ther proceedings were postponed and first time we could have a national Mr. SHUSTER. Mr. Chairman, I yield on which the noes prevailed by voice highway system really controlled by myself the balance of my time. vote. the States where it is supposed to be. Mr. Chairman, we hear about turning The Clerk will redesignate the The States would have more money, back to the States, but all 50 State amendment. not less money. They would have less Governors support BESTEA, not the The Clerk redesignated the amend- regulation, not more regulation. amendments in front of us. Indeed, I ment. H2028 CONGRESSIONAL RECORD — HOUSE April 1, 1998 RECORDED VOTE LaFalce Norwood Sherman which further proceedings were post- LaHood Nussle Shimkus The CHAIRMAN. A recorded vote has Lampson Oberstar Shuster poned and on which the noes prevailed been demanded. Lantos Obey Sisisky by voice vote. A recorded vote was ordered. Latham Olver Skeen The Clerk will redesignate the The vote was taken by electronic de- LaTourette Ortiz Skelton amendment in the nature of a sub- Lazio Owens Slaughter vice, and there were—ayes 79, noes 337, Levin Oxley Smith (NJ) stitute. answered ‘‘present’’ 2, not voting 12, as Lewis (CA) Packard Smith (OR) The Clerk redesignated the amend- follows: Lewis (KY) Pallone Smith (TX) ment in the nature of a substitute. Linder Pascrell Smith, Adam [Roll No. 95] Lipinski Pastor Smith, Linda RECORDED VOTE AYES—79 Livingston Paul Snowbarger The CHAIRMAN. A recorded vote has LoBiondo Paxon Snyder Archer Hayworth Pomeroy been demanded. Lowey Pease Solomon Ballenger Hill Porter Lucas Pelosi Spence A recorded vote was ordered. Barr Hilleary Rogan Luther Peterson (MN) Spratt The CHAIRMAN. This will be a 5- Barrett (NE) Hobson Rohrabacher Maloney (CT) Peterson (PA) Stabenow Barrett (WI) Hoekstra Salmon minute vote. Maloney (NY) Petri Stark Barton Hunter Sanford Manton Pickering Stearns The vote was taken by electronic de- Boehner Hyde Scarborough Manzullo Pickett Stokes vice, and there were—ayes 106, noes 312, Bonilla Inglis Schaffer, Bob Markey Pitts Strickland Burr Istook Sensenbrenner answered ‘‘present’’ 1, not voting 11, as Martinez Pombo Stupak Campbell Johnson, Sam Sessions follows: Mascara Portman Sununu Castle Jones Shadegg Matsui Poshard Talent [Roll No. 96] Chabot Kasich Shays McCarthy (MO) Price (NC) Tanner Christensen Kind (WI) Skaggs AYES—106 McCarthy (NY) Pryce (OH) Tauscher Coburn Kingston Smith (MI) McDade Quinn Tauzin Ballenger Hall (TX) Rogan Condit Kolbe Souder McDermott Radanovich Taylor (MS) Barr Harman Rohrabacher Cox Largent Stenholm McGovern Rahall Thompson Barrett (NE) Hastings (FL) Roybal-Allard Cubin Leach Stump McHale Ramstad Thune Barrett (WI) Hayworth Sabo Deal Lewis (GA) Taylor (NC) McHugh Redmond Thurman Bartlett Hill Salmon Deutsch McCollum Thomas McInnis Regula Tiahrt Barton Hobson Sanchez Edwards Miller (FL) Thornberry McIntyre Reyes Tierney Becerra Hoyer Sanford Ehrlich Minge Wamp McKeon Riggs Towns Bentsen Inglis Sawyer Foley Morella Wexler McKinney Riley Traficant Berman Jones Scarborough Frelinghuysen Myrick White McNulty Rivers Turner Boehner Kasich Scott Goss Nethercutt Wolf Meehan Rodriguez Upton Bonilla Kennedy (RI) Sessions Graham Neumann Young (FL) Meek (FL) Roemer Velazquez Boyd Kind (WI) Shadegg Gutknecht Pappas Meeks (NY) Rogers Vento Brown (OH) Kingston Shays Hall (TX) Parker Menendez Rothman Visclosky Burr Kolbe Sisisky Campbell LaFalce Skaggs NOES—337 Metcalf Roukema Walsh Mica Roybal-Allard Watkins Cardin Largent Smith, Adam Abercrombie Cook Gekas Millender- Rush Watt (NC) Castle Lewis (GA) Snyder Ackerman Cooksey Gephardt McDonald Ryun Watts (OK) Chabot Livingston Souder Aderholt Costello Gibbons Miller (CA) Sabo Waxman Christensen Lofgren Spratt Allen Coyne Gilchrest Mink Sanchez Weldon (FL) Clayton Luther Stark Andrews Cramer Gillmor Moakley Sanders Weldon (PA) Coburn Maloney (NY) Stearns Armey Crane Gilman Mollohan Sandlin Weller Condit Miller (FL) Stenholm Bachus Crapo Goode Moran (KS) Sawyer Weygand Cox Minge Sununu Baesler Cummings Goodlatte Moran (VA) Saxton Whitfield Crane Moran (VA) Tanner Baker Cunningham Goodling Murtha Schaefer, Dan Wicker Davis (FL) Myrick Taylor (MS) Baldacci Danner Gordon Nadler Schumer Wise Deal Nethercutt Thornberry Barcia Davis (FL) Granger Neal Scott Woolsey Deutsch Neumann Thurman Bartlett Davis (IL) Green Ney Serrano Wynn Dicks Obey Watt (NC) Bass Davis (VA) Greenwood Northup Shaw Young (AK) Doggett Parker Waxman Bateman DeFazio Gutierrez Dooley Paul Wexler Becerra DeGette Hall (OH) ANSWERED ‘‘PRESENT’’—2 Edwards Peterson (MN) Weygand Bentsen Delahunt Hamilton Lofgren McCrery Eshoo Pomeroy White Bereuter DeLauro Hansen Etheridge Porter Whitfield Berman DeLay Harman NOT VOTING—12 Fazio Portman Wolf Berry Diaz-Balart Hastert Gillmor Price (NC) Cannon McIntosh Royce Bilbray Dickey Hastings (FL) Graham Roemer Gonzalez Payne Torres Bilirakis Dicks Hastings (WA) Jefferson Rangel Waters Bishop Dingell Hefley NOES—312 Klug Ros-Lehtinen Yates Blagojevich Dixon Hefner Abercrombie Buyer Dickey Bliley Doggett Herger b 2059 Ackerman Callahan Dingell Blumenauer Dooley Hilliard Aderholt Calvert Dixon Blunt Doolittle Hinchey Messrs. BURTON of Indiana, TAY- Allen Camp Doolittle Boehlert Doyle Hinojosa LOR of Mississippi, MEEHAN, and Andrews Canady Doyle Bonior Dreier Holden BRADY changed their vote from ‘‘aye’’ Archer Capps Dreier Borski Duncan Hooley Armey Carson Duncan Boswell Dunn Horn to ‘‘no.’’ Bachus Chambliss Dunn Boucher Ehlers Hostettler Mr. Deutsch changed his vote from Baesler Chenoweth Ehlers Boyd Emerson Houghton ‘‘no’’ to ‘‘aye.’’ Baker Clay Ehrlich Brady Engel Hoyer So the amendment was rejected. Baldacci Clement Emerson Brown (CA) English Hulshof Barcia Clyburn Engel Brown (FL) Ensign Hutchinson The result of the vote was announced Bass Coble English Brown (OH) Eshoo Jackson (IL) as above recorded. Bateman Collins Ensign Bryant Etheridge Jackson-Lee ANNOUNCEMENT BY THE CHAIRMAN Bereuter Combest Evans Bunning Evans (TX) Berry Conyers Everett Burton Everett Jenkins The CHAIRMAN. Pursuant to House Bilbray Cook Ewing Buyer Ewing John Resolution 405, the Chair announces Bilirakis Cooksey Farr Callahan Farr Johnson (CT) that he will reduce to a minimum of 5 Bishop Costello Fattah Calvert Fattah Johnson (WI) Blagojevich Coyne Fawell Camp Fawell Johnson, E. B. minutes the period of time within Bliley Cramer Filner Canady Fazio Kanjorski which a vote by electronic device will Blumenauer Crapo Foley Capps Filner Kaptur be taken on each amendment on which Blunt Cubin Forbes Cardin Forbes Kelly the Chair has postponed further pro- Boehlert Cummings Ford Carson Ford Kennedy (MA) Bonior Cunningham Fossella Chambliss Fossella Kennedy (RI) ceedings. Borski Danner Fowler Chenoweth Fowler Kennelly AMENDMENT NO. 5 IN THE NATURE OF A Boswell Davis (IL) Fox Clay Fox Kildee SUBSTITUTE OFFERED BY MR. SPRATT Boucher Davis (VA) Frank (MA) Clayton Frank (MA) Kilpatrick Brady DeFazio Franks (NJ) Clement Franks (NJ) Kim The CHAIRMAN. The pending busi- Brown (CA) DeGette Frelinghuysen Clyburn Frost King (NY) ness is the demand for a recorded vote Brown (FL) Delahunt Frost Coble Furse Kleczka on the amendment in the nature of a Bryant DeLauro Furse Collins Gallegly Klink Bunning DeLay Gallegly Combest Ganske Knollenberg substitute offered by the gentleman Burton Diaz-Balart Ganske Conyers Gejdenson Kucinich from South Carolina (Mr. SPRATT) on April 1, 1998 CONGRESSIONAL RECORD — HOUSE H2029 Gejdenson Linder Ramstad substitute offered by the gentleman Gephardt Manton Rothman Gekas Lipinski Redmond Gibbons Manzullo Roukema Gephardt LoBiondo Regula from Ohio (Mr. KASICH) on which fur- Gilchrest Markey Roybal-Allard Gibbons Lowey Reyes ther proceedings were postponed and Gillmor Martinez Rush Gilchrest Lucas Riggs on which the noes prevailed by voice Gilman Mascara Ryun Gilman Maloney (CT) Riley vote. Goode Matsui Sabo Goode Manton Rivers Goodling McCarthy (MO) Sanchez Goodlatte Manzullo Rodriguez The Clerk will redesignate the Gordon McDade Sanders Goodling Markey Rogers amendment in the nature of the sub- Granger McDermott Sandlin Gordon Martinez Rothman stitute. Green McGovern Sawyer Goss Mascara Roukema Greenwood McHale Saxton Granger Matsui Rush The Clerk redesignated the amend- Gutierrez McHugh Schaefer, Dan Green McCarthy (MO) Ryun ment in the nature of a substitute. Gutknecht McInnis Schumer Greenwood McCarthy (NY) Sanders RECORDED VOTE Hall (OH) McIntyre Scott Gutierrez McCollum Sandlin Hamilton McKeon Serrano Gutknecht McDade Saxton The CHAIRMAN. A recorded vote has Hansen McKinney Shaw Hall (OH) McDermott Schaefer, Dan been demanded. Hastert McNulty Shays Hamilton McGovern Schaffer, Bob A recorded vote was ordered. Hastings (FL) Meehan Sherman Hansen McHale Schumer Hefner Meek (FL) Shimkus Hastert McHugh Sensenbrenner The CHAIRMAN. This will be a 5- Hill Meeks (NY) Shuster Hastings (WA) McInnis Serrano minute vote. Hilliard Menendez Skaggs Hefley McIntosh Shaw The vote was taken by electronic de- Hinchey Metcalf Skeen Hefner McIntyre Sherman Hinojosa Mica Skelton Herger McKeon Shimkus vice, and there were—ayes 98, noes 318, Holden Millender- Slaughter Hilleary McKinney Shuster answered ‘‘present’’ 2, not voting 12, as Hooley McDonald Smith (NJ) Hilliard McNulty Skeen follows: Horn Minge Smith (OR) Hinchey Meehan Skelton Hostettler Mink Smith (TX) Hinojosa Meek (FL) Slaughter [Roll No. 97] Houghton Moakley Smith, Adam Hoekstra Meeks (NY) Smith (MI) AYES—98 Hoyer Mollohan Smith, Linda Holden Menendez Smith (NJ) Hulshof Moran (KS) Snowbarger Archer Goodlatte Packard Hooley Metcalf Smith (OR) Hutchinson Morella Snyder Armey Goss Parker Horn Mica Smith (TX) Hyde Murtha Solomon Bachus Graham Paul Hostettler Millender- Smith, Linda Jackson (IL) Nadler Spence Ballenger Hall (TX) Pombo Houghton McDonald Snowbarger Jackson-Lee Neal Spratt Barr Harman Porter Hulshof Miller (CA) Solomon (TX) Nethercutt Stabenow Barrett (NE) Hastings (WA) Portman Hunter Mink Spence Jenkins Ney Stearns Bartlett Hayworth Pryce (OH) Hutchinson Moakley Stabenow John Northup Stokes Barton Hefley Radanovich Hyde Mollohan Stokes Johnson (CT) Norwood Strickland Bilbray Herger Rogan Istook Moran (KS) Strickland Johnson (WI) Nussle Stupak Bilirakis Hilleary Rohrabacher Jackson (IL) Morella Stump Johnson, E. B. Oberstar Sununu Boehner Hobson Salmon Jackson-Lee Murtha Stupak Kanjorski Olver Talent Bonilla Hoekstra Sanford (TX) Nadler Talent Kaptur Ortiz Tanner Boyd Hunter Scarborough Jenkins Neal Tauscher Kelly Owens Tauscher Brady Inglis Schaffer, Bob John Ney Tauzin Kennedy (MA) Oxley Tauzin Brown (OH) Istook Sensenbrenner Johnson (CT) Northup Taylor (NC) Kennedy (RI) Pallone Taylor (MS) Burr Johnson, Sam Sessions Johnson (WI) Norwood Thomas Kennelly Pappas Thomas Campbell Jones Shadegg Johnson, E. B. Nussle Thompson Kildee Pascrell Thompson Canady Kasich Sisisky Johnson, Sam Oberstar Thune Kilpatrick Pastor Thune Chabot Kind (WI) Smith (MI) Kanjorski Olver Tiahrt Kim Paxon Tiahrt Chenoweth Kingston Souder Kaptur Ortiz Tierney King (NY) Pease Tierney Christensen Kolbe Stark Kelly Owens Towns Kleczka Pelosi Towns Coburn Largent Stenholm Kennedy (MA) Oxley Traficant Klink Peterson (MN) Traficant Condit Linder Stump Kennelly Packard Turner Knollenberg Peterson (PA) Turner Cox Livingston Taylor (NC) Kildee Pallone Upton Kucinich Petri Upton Crane Lucas Thornberry Kilpatrick Pappas Velazquez LaFalce Pickering Velazquez Crapo McCollum Thurman Kim Pascrell Vento LaHood Pickett Vento Cunningham McIntosh Wamp King (NY) Pastor Visclosky Lampson Pitts Visclosky Deal Miller (CA) Watkins Kleczka Paxon Walsh Lantos Pomeroy Walsh DeLay Miller (FL) Wexler Klink Pease Wamp Latham Poshard Watt (NC) Deutsch Moran (VA) White Knollenberg Pelosi Watkins LaTourette Price (NC) Watts (OK) Dooley Myrick Wolf Kucinich Peterson (PA) Watts (OK) Lazio Quinn Waxman Dreier Neumann Young (FL) LaHood Petri Weldon (FL) Leach Rahall Weldon (FL) Foley Obey Lampson Pickering Weldon (PA) Levin Ramstad Weldon (PA) Lantos Pickett Weller NOES—318 Lewis (CA) Redmond Weller Latham Pitts Wicker Lewis (GA) Regula Weygand LaTourette Pombo Wise Abercrombie Camp Doolittle Lewis (KY) Reyes Whitfield Lazio Poshard Woolsey Ackerman Capps Doyle Lipinski Riggs Wicker Leach Pryce (OH) Wynn Aderholt Cardin Duncan LoBiondo Riley Wise Levin Quinn Young (AK) Allen Carson Dunn Lowey Rivers Woolsey Lewis (CA) Radanovich Young (FL) Andrews Castle Edwards Luther Rodriguez Wynn Lewis (KY) Rahall Baesler Chambliss Ehlers Maloney (CT) Roemer Young (AK) Baker Clay Ehrlich Maloney (NY) Rogers ANSWERED ‘‘PRESENT’’—1 Baldacci Clayton Emerson McCrery Barcia Clement Engel ANSWERED ‘‘PRESENT’’—2 Barrett (WI) Clyburn English Lofgren McCrery NOT VOTING—11 Bass Coble Ensign Cannon Payne Torres Bateman Collins Eshoo NOT VOTING—12 Gonzalez Rangel Waters Becerra Combest Etheridge Cannon McCarthy (NY) Royce Jefferson Ros-Lehtinen Yates Bentsen Conyers Evans Gonzalez Payne Torres Klug Royce Bereuter Cook Everett Jefferson Rangel Waters Berman Cooksey Ewing Klug Ros-Lehtinen Yates b 2110 Berry Costello Farr Bishop Coyne Fattah b 2118 Mr. KENNEDY of Massachusetts and Blagojevich Cramer Fawell Mr. DAVIS of Illinois changed their Bliley Cubin Fazio So the amendment in the nature of a vote from ‘‘aye’’ to ‘‘no.’’ Blumenauer Cummings Filner substitute was rejected. Mr. BERMAN and Mr. STARK Blunt Danner Forbes The result of the vote was announced Boehlert Davis (FL) Ford as above recorded. changed their vote from ‘‘no’’ to ‘‘aye.’’ Bonior Davis (IL) Fossella So the amendment in the nature of a Borski Davis (VA) Fowler (Mr. OBERSTAR asked and was given substitute was rejected. Boswell DeFazio Fox permission to proceed out of order for 1 The result of the vote was announced Boucher DeGette Frank (MA) minute.) Brown (CA) Delahunt Franks (NJ) EXPRESSIONS OF APPRECIATION as above recorded. Brown (FL) DeLauro Frelinghuysen AMENDMENT NO. 6 IN THE NATURE OF A Bryant Diaz-Balart Frost Mr. OBERSTAR. Mr. Chairman, I SUBSTITUTE OFFERED BY MR. KASICH Bunning Dickey Furse take this moment to express my deep The CHAIRMAN. The pending busi- Burton Dicks Gallegly appreciation to the staff on the Demo- Buyer Dingell Ganske ness is the demand for a recorded vote Callahan Dixon Gejdenson cratic side, David Heymsfeld, Sante on the amendment in the nature of a Calvert Doggett Gekas Esposito, Ken House, Rosalyn Millman, H2030 CONGRESSIONAL RECORD — HOUSE April 1, 1998 Ward McCarragher, Jim Zoia, Steve [Roll No. 98] Smith (NJ) Tauzin Walsh Smith (OR) Taylor (MS) Wamp Dubois, and to Jack Schenendorf, staff AYES—337 Smith (TX) Taylor (NC) Watkins director on the Republican side, for the Smith, Linda Thomas Watt (NC) Abercrombie Fawell Mascara Snowbarger Thompson Watts (OK) splendid cooperation and the many Ackerman Filner Matsui Snyder Thune Waxman hard hours of work that they have de- Aderholt Foley McCarthy (MO) Solomon Thurman Weldon (FL) Allen Forbes McCarthy (NY) voted to this legislation. Spence Tiahrt Weldon (PA) Andrews Ford McCollum And to the gentleman from Pennsyl- Stabenow Tierney Weller Archer Fossella McDade vania (Mr. SHUSTER), Mr. Chairman, I Stearns Torres Weygand Armey Fowler McDermott would simply like to say that his 26 Stokes Towns Whitfield Bachus Fox McGovern Strickland Traficant Wicker years of service in this body have been Baesler Frank (MA) McHale Stupak Turner Wise unfailingly devoted to advancing the Baker Franks (NJ) McHugh Sununu Upton Woolsey cause of transportation, its safety, mo- Baldacci Frelinghuysen McInnis Talent Velazquez Wynn Barcia Frost McIntosh bility, its economic growth and its im- Tanner Vento Young (AK) Bartlett Furse McIntyre Tauscher Visclosky Young (FL) pact on America. Some of our col- Bass Gallegly McKeon leagues serving in this body are fortu- Bateman Ganske McKinney NOES—80 Becerra Gejdenson McNulty Ballenger Hall (TX) Paul nate enough to get an amendment Bereuter Gekas Meehan adopted. A rare few get a bill enacted Barr Hastings (FL) Pomeroy Berman Gephardt Meek (FL) Barrett (NE) Hayworth Porter into law. But a rare trailblazer makes Berry Gibbons Meeks (NY) Barrett (WI) Herger Portman an impact on the Nation that will out- Bilbray Gilchrest Menendez Barton Hill Radanovich Bilirakis Gillmor Metcalf Bentsen Hobson Rohrabacher live his service in this body. Bishop Gilman Mica Yours is that monumental service. Boehner Hoekstra Sabo Blagojevich Goode Millender- Bonilla Hoyer Salmon The bill we are about to adopt by, I am Bliley Goodlatte McDonald Brown (OH) Hunter Sanford confident, an overwhelming vote will Blumenauer Goodling Miller (CA) Burr Inglis Scarborough Blunt Gordon Mink be an everlasting tribute to the years Campbell Johnson, Sam Schaffer, Bob Boehlert Granger Moakley Cardin Jones Sensenbrenner of professional service you have given Bonior Green Mollohan Castle Kasich Sessions to the people of America and to the Borski Greenwood Moran (KS) Chabot Kind (WI) Shadegg Boswell Gutierrez Murtha Christensen Kingston Shays cause of transportation. Boucher Gutknecht Nadler The CHAIRMAN. The question is on Coburn Kolbe Skaggs Boyd Hall (OH) Neal Cox LaFalce Smith, Adam the committee amendment in the na- Brady Hamilton Neumann Crane Largent Souder ture of a substitute, as amended. Brown (CA) Hansen Ney Cubin Lewis (GA) Spratt The committee amendment in the Brown (FL) Harman Northup Davis (FL) Miller (FL) Stark Bryant Hastert Norwood nature of a substitute, as amended, was Deal Minge Stenholm Bunning Hastings (WA) Nussle Deutsch Moran (VA) Stump agreed to. Burton Hefner Oberstar Dooley Morella Thornberry The CHAIRMAN. Under the rule, the Buyer Hilleary Olver Edwards Myrick Wexler Committee rises. Callahan Hilliard Ortiz Fazio Nethercutt White Calvert Hinchey Owens Accordingly the Committee rose; and Goss Obey Wolf Camp Hinojosa Oxley Graham Parker the Speaker pro tempore (Mr. Canady Holden Packard SNOWBARGER) having assumed the Capps Hooley Pallone ANSWERED ‘‘PRESENT’’—3 Carson Horn Pappas ASTINGS Hefley Lofgren McCrery chair, Mr. H of Washington, Chambliss Hostettler Pascrell Chairman of the Committee of the Chenoweth Houghton Pastor NOT VOTING—10 Whole House on the State of the Union, Clay Hulshof Paxon Cannon Payne Waters reported that that Committee, having Clayton Hutchinson Pease Clement Hyde Pelosi Gonzalez Rangel Yates had under consideration the bill (H.R. Clyburn Istook Peterson (MN) Jefferson Ros-Lehtinen 2400) to authorize funds for Federal-aid Coble Jackson (IL) Peterson (PA) Klug Royce highways, highway safety programs, Collins Jackson-Lee Petri b 2144 and transit programs, and for other Combest (TX) Pickering Condit Jenkins Pickett The Clerk announced the following purposes, pursuant to House Resolution Conyers John Pitts pair: 405, he reported the bill back to the Cook Johnson (CT) Pombo On this vote: House with an amendment adopted by Cooksey Johnson (WI) Poshard Costello Johnson, E. B. Price (NC) Ms. Ros-Lehtinen for, with Mr. Yates the Committee of the Whole. Coyne Kanjorski Pryce (OH) against. The SPEAKER pro tempore. Under Cramer Kaptur Quinn the rule, the previous question is or- Crapo Kelly Rahall So the bill was passed. dered. Cummings Kennedy (MA) Ramstad The result of the vote was announced Cunningham Kennedy (RI) Redmond as above recorded. Is a separate vote demanded on any Danner Kennelly Regula amendment to the committee amend- Davis (IL) Kildee Reyes The motion to reconsider is laid on ment in the nature of a substitute Davis (VA) Kilpatrick Riggs the table. adopted by the Committee of the DeFazio Kim Riley f DeGette King (NY) Rivers Whole? If not, the question is on the Delahunt Kleczka Rodriguez AUTHORIZING THE CLERK TO amendment. DeLauro Klink Roemer MAKE CORRECTIONS IN THE EN- The amendment was agreed to. DeLay Knollenberg Rogan GROSSMENT OF H.R. 2400, BUILD- The SPEAKER pro tempore. The Diaz-Balart Kucinich Rogers ING EFFICIENT SURFACE TRANS- question is the engrossment and third Dickey LaHood Rothman Dicks Lampson Roukema PORTATION AND EQUITY ACT OF reading of the bill. Dingell Lantos Roybal-Allard 1998 The bill was ordered to be engrossed Dixon Latham Rush and read a third time, and was read the Doggett LaTourette Ryun Mr. SHUSTER. Mr. Speaker, I ask Doolittle Lazio Sanchez unanimous consent that the Clerk be third time. Doyle Leach Sanders The SPEAKER pro tempore. The Dreier Levin Sandlin authorized to make technical correc- question is on the passage of the bill. Duncan Lewis (CA) Sawyer tions in the engrossment of the bill, The question was taken; and the Dunn Lewis (KY) Saxton H.R. 2400, to reflect the actions of the Ehlers Linder Schaefer, Dan Speaker pro tempore announced that Ehrlich Lipinski Schumer House. the ayes appeared to have it. Emerson Livingston Scott The SPEAKER. Is there objection to RECORDED VOTE Engel LoBiondo Serrano the request of the gentleman from Mr. SHUSTER. Mr. Speaker, I de- English Lowey Shaw Pennsylvania? Ensign Lucas Sherman mand a recorded vote. Eshoo Luther Shimkus There was no objection A recorded vote was ordered. Etheridge Maloney (CT) Shuster f The vote was taken by electronic de- Evans Maloney (NY) Sisisky vice, and there were—ayes 337, noes 80, Everett Manton Skeen GENERAL LEAVE Ewing Manzullo Skelton answered ‘‘present’’ 3, not voting 10, as Farr Markey Slaughter Mr. SHUSTER. Mr. Speaker, I ask follows: Fattah Martinez Smith (MI) unanimous consent that all Members