June 3, 1998 CONGRESSIONAL RECORD — HOUSE H3 House for 1 minute and to revise and minute and to revise and extend her re- for the 21st Century’’, but not included extend his remarks.) marks.) in the conference report to H.R. 2400, Mr. MILLER of California. Mr. Ms. DELAURO. Mr. Speaker, I rise and for other purposes, and that the Speaker, before I give my one minute, today to commend the voters of Cali- bill be considered as passed. I just would like to publicly thank our fornia for rejecting Proposition 226. Re- The Clerk read the title of the bill. colleague, the gentleman from Ohio publican leaders in the House were sup- The SPEAKER pro tempore (Mr. (Mr. HALL) for his trip to Sudan and porting this initiative in order to si- Pease). Is there objection to the re- calling attention to a tragic, tragic sit- lence the voices of American workers quest of the gentleman from Pennsyl- uation. I thank him. and America’s working families. And vania? Mr. Speaker, yesterday, in the Cali- by voting down Proposition 226, Cali- Mr. BARRETT of Wisconsin. Mr. fornia elections, the people of Califor- fornia voters stood up for their right to Speaker, reserving the right to object, nia rejected a cynical attempt to stifle participate in the political process. if I could, just to embellish a little bit the voices of working families in Amer- Right now, working families do not on my reservation, the bill that passed ica, to stifle the voices of concerned have enough say in our political proc- Congress last week had a provision nonprofit organizations. ess. In 1996, wealthy corporations and that had a major impact on southeast- Proposition 226 was an effort by the business representatives poured more ern Wisconsin. This was a provision Republican leadership and the Repub- than $650 million into campaigns, 11 that was not contained in the original lican Party to lash out at working fam- times what labor unions, the represent- House version of the bill nor was it ilies and to deny members of unions atives of working Americans, were able contained in the bill when it passed the the ability to participate in the politi- to spend. Senate. However, during the conference cal process in this country, a right that We need to pass genuine campaign fi- committee, there was an amendment they are guaranteed under the Con- nance reform that increases the par- added to the conference committee re- stitution. It was cynically dubbed the ticipation of average working families port. That amendment basically gives Paycheck Protection Act. It had noth- and limits the role of wealthy special the Governor of the State of Wisconsin ing to do with protecting people’s pay- interests. We need less money in our unilateral authority, from my perspec- checks. It had everything to do with political process. We need to restore tive, as to how $241 million should be trying to get back at organized labor in Americans’ faith in our political proc- spent for transportation projects in this country for the very effective cam- ess. We need to pass meaningful cam- Wisconsin, money which was by agree- paign they ran in the last national ment originally set aside for southeast- elections on behalf of President Clin- paign finance reform today. f ern Wisconsin. The reason that we ton and on behalf of many Members of heard from the State and from others the Congress where they told the truth b 1415 that this provision was in the bill was about what the Republican leadership DIABETES because of the concern that the State and majority was trying to do in this of Wisconsin would lose this $241 mil- House of Representatives in denying (Mr. CUMMINGS asked and was lion. It is my belief that at this point, people the rights and fundamental given permission to address the House that is no longer a danger. And so what basic ability to raise their family. for 1 minute and to revise and extend I am going to propose to the chairman f his remarks.) of the committee in just a moment or ON CHARACTER Mr. CUMMINGS. Mr. Speaker, diabe- two is unanimous consent for an tes is a disease of national impact. Ac- (Mr. TIAHRT asked and was given amendment which would return the cording to the American Diabetes As- language to what I perceive to be the permission to address the House for 1 sociation, there are an estimated 15.7 minute and to revise and extend his re- original agreement between the par- million people who suffer from this dis- ties. If I may, Mr. Speaker, the con- marks.) ease. The frightening fact is that there Mr. TIAHRT. Mr. Speaker, in many ference report language, section (n) are over 5 million people that have it foreign countries it is difficult to do Substitute Project, Section 1045 of the and are unaware of it. business without a payoff or a bribe. Intermodal Surface Transportation Ef- Medical technology has not yet dis- Just slide some money across the hand ficiency Act of 1991 has several sections covered a way to prevent this disorder. and doors open. It happens in many to it. My amendment would strike the Only treatment is available. It is countries that do not have high moral second paragraph and would insert the known as the silent killer because it standards of right and wrong. But it is following two paragraphs: seldom gives any warning of its pres- not acceptable in America. Not until Paragraph 2. ‘‘Notwithstanding para- ence. Many people are unaware that now. It appears something has graph (1) and subsection (c) of this sec- they have diabetes until they suffer changed. tion, upon the request of the Governor Our high moral standards driven by from one of its life-threatening com- of the State of Wisconsin, submitted character and a strong sense of right plications, blindness, kidney disease, after consultation with appropriate and wrong now seem to have sunk to a nerve disease, amputations, heart dis- local government officials by October new low of a mere political contribu- ease and stroke. 1, 2000, the Secretary may approve 1 or tion and doors open. Just a few lucra- The African-American community is more substitute projects in lieu of the tive political donations from the Com- nearly twice as likely to suffer from substitute project approved by the Sec- munist Chinese and a big U.S. corpora- this disorder that can cause the body retary under paragraph (1) and sub- tion will change export policy and to not produce enough insulin or not section (c) of this section.’’ doors will open. properly use it. Over 2.3 million Afri- ‘‘(3) Funds available for 1 or more The administration has taken high- can-Americans have been diagnosed substitute projects under paragraph (2) tech satellite export waivers from the and over half are unaware that they shall be used for transportation prior- Department of Defense and the State have this silent and deadly disorder. ities associated with the East-West Department and given it to the Com- I urge this Congress to reduce the Corridor Project in southeastern Wis- merce Department, making it easier number of Americans suffering from di- consin.’’ for doors to open. Now an American abetes and increase funding for bio- That would be the amendment that I company may have exported high tech- medical research. am going to ask the gentleman for nical information that jeopardizes our f unanimous consent for. The reason I am doing this, Mr. Speaker, is that I security, our national security. TEA 21 RESTORATION ACT It may happen in other countries, but believe that this is a fight, and it truly it should never happen here. Mr. SHUSTER. Mr. Speaker, I ask is a fight, in the State between State f unanimous consent for the immediate officials and local officials as to how consideration in the House of the bill this money should be spent. There was CALIFORNIA PROPOSITION 226 (H.R. 3978) to restore provisions agreed a delicate balance of power that had (Ms. DELAURO asked and was given to by the conferees to H.R. 2400, enti- been achieved in the prior language permission to address the House for 1 tled the ‘‘Transportation Equity Act that had been agreed to on a bipartisan H4 CONGRESSIONAL RECORD — HOUSE June 3, 1998 basis. It is my understanding that the section is not intended to be a limitation on Section 3: State Transportation has asked for the level of federal funding provided under any Restores the National Historic Covered this language. Unfortunately, I was not Bridge Preservation program. future full funding grant agreement. The actual Restores the Substitute Project for the aware of this language until very, very federal share for projects eligible for full fund- Barney Circle Freeway, Washington, D.C. late in the process. I do not think that ing grant agreements shall be negotiated be- Restores Fiscal, Administrative and Other it is good public policy for one person tween the designated recipient and the Sec- Amendments included in both House and whether it is a Governor, a Mayor or a retary. For example, the amounts included in Senate bills. President to have sole discretion over subsection 3030(c) for the Dallas-North Cen- Clarifies program funding categories for $241 million. I think that the balance of tral Extension project do not reflect a cap on Puerto Rico and continues current law pen- alties for Puerto Rico for non-compliance power shifted dramatically under this the Federal share of project costs included in with the federal minimum drinking age re- amendment. a future full funding grant agreement. Since quirements. Mr. Speaker, I ask the gentleman this project is also authorized in subsection Modifies Sec. 1217(j) to allow for effective from Pennsylvania to amend his unani- 3030(a) for final design and construction, the implementation of this subsection. mous consent request to permit this amount included is a minimum amount which Modifies Magnetic Levitation Deployment amendment to the bill. will be provided in a full funding grant agree- Program to clarify eligibility of low-speed Mr. SHUSTER. Mr. Speaker, will the magnetic levitation technologies. ment. The actual Federal share will be nego- Section 4: gentleman yield? tiated between DART and the Secretary. Restores the Discretionary Grant Selec- Mr. BARRETT of Wisconsin. I yield The following is a summary of the bill: tion Criteria program. to the gentleman from Pennsylvania. HOUSE/SENATE JOINT SUMMARY OF TECHNICAL Conforms Environmental Streamlining to Mr. SHUSTER. Mr. Speaker, I must CORRECTIONS TO TRANSPORTATION EQUITY include mass transit projects. reluctantly decline to my good friend’s ACT FOR THE 21ST CENTURY Section 5: Restores the Open Container Law safety unanimous consent request. I will cer- This legislation restores and corrects pro- tainly try to be helpful, but I must re- program. visions agreed to by the conferees to the Restores the Minimum Penalties for Re- luctantly object. Transportation Equity Act for the 21st Cen- peat Offenders program. The TEA 21 Restoration Act makes certain tury. This legislation has been developed Section 6: technical corrections to the Transportation Eq- jointly by the conferees to reflect the con- Eliminates duplicate provisions for San uity Act for the 21st Century (TEA 21), which ference agreement. Mateo County, California, the Value. was approved by Congress on May 22, 1998, This legislation does not change the for- Pricing Pilot Program, and National De- mula allocations contained in the Con- fense Highways Outside the United States. and restores provisions agreed to by con- ference Report to the Transportation Equity Restores the Minnesota Transportation ferees but inadvertently not included in TEA Act for the 21st Century. History Network program. 21. Provisions previously agreed to by con- Section 7: The striking of section 1211(j) of TEA 21 is ferees and restored in this legislation: Conforms the credit levels in the Transpor- not intended to suggest that a home heating National Historic Covered Bridge Preserva- tation Infrastructure Finance and Innova- oil pilot program should not be conducted as tion program. tion program to agreed upon distribution originally contemplated by Congress in 1995. Substitute Project for the Barney Circle levels of budget authority. Section 8: Rather, because the Secretary has been given Freeway project, Washington, D.C. Discretionary Grant Selection Criteria and Makes technical corrections, description new authority under section 4007 of TEA 21 Process. changes and previously agreed upon addi- for waivers, exemptions and pilot programs, Open Container Laws. tions to high priority projects. the heating oil pilot can be conducted under Minimum Penalties for Repeat Offenders Section 9: such authority so that section 1211(j) is redun- for Driving while Intoxicated. Makes corrections to transit planning pro- Making Intelligent Transportation System visions to conform to provisions in title 23. dant and no longer necessary. The home Clarifies eligibility of clean diesel under activities eligible for innovative financing. heating oil pilot program was first authorized in clean fuels program. Corrections to duplicate provisions: section 346 of the National Highway System Makes technical corrections to section 5309 San Mateo County, California—eligibility Designation Act of 1995. Due to its limited, and clarifies the Secretary’s full funding for the Emergency Relief program. one-year duration and delays in establishing grant agreement authority. Value Pricing Pilot program. Funds University Transportation Centers the pilot, it was never fully implemented by the National Defense Highways Outside the Department of Transportation. While this ex- authorized under title 5. United States. Restores requirement that transit grantees tension is being dropped, the Secretary should Other technical corrections: accept non-disputed audits of other govern- utilize the general authority to conduct the Conforms authorization levels with the list ment agencies when awarding contracts. heating oil pilot program. of high priority projects. Makes corrections to the authorizations In addition, because of the unique seasonal Modifies funding level for the Highway Use for planning, University Transportation Cen- nature of the heating oil industry, it is essential Tax Evasion program. ters, the National Transit Institute and the that a pilot program be implemented on or be- Retains practice under current law which additional amounts for new starts. allows multi-year obligation authority for fore December 1 if it is to have any value for Makes technical corrections, description research programs. changes, and previously agreed upon addi- the following winter heating season. Because Continues current law requirement for tions to new starts projects. the Secretary has previously issued regula- Puerto Rico to comply with the minimum Makes technical corrections to the access tions, following an opportunity for public com- drinking age law and identifies program cat- to jobs and reverse commute programs. ment, with regard to the heating oil pilot pro- egory funding distribution. Corrects funding level for the Rural Trans- gram enacted in 1995, the Secretary is urged Modifies the Magnetic Levitation Trans- portation Accessibility Incentive Program to utilize that prior experience in order to ex- portation Technology Deployment Program and makes other technical corrections. pedite a pilot program, or to consider an ex- as it relates to low speed magnetic levitation Makes technical corrections to study on technologies. transit in national parks. emption, if requested, under section 4007 of Conforms credit levels in TIFIA to agreed Makes corrections to obligation limitation TEA 21. upon distribution of budget authority. levels. Section 1204 of TEA 21 makes improve- Section 10: SUMMARY OF TECHNICAL CORRECTIONS TO TEA– Conforms section references for the Motor ments to the current statewide planning provi- 21 sions. The Conference agreement provides for Carrier Safety program. Section 2: Section 11: enhanced consultation between local officials Adjusts funding levels for high priority Adjusts authorization levels for university and States when compiling the State transpor- projects to conform with list in the con- transportation centers to conform with tation improvement programs. This consulta- ference report and to correct other errors. modifications made in the Transit title in tion may occur through a variety of mecha- Adjusts funding levels for Highway Use Section 9. nisms, including, where appropriate, regional Tax Evasion projects to allow for implemen- Restores eligibility of Intelligent Trans- development organizations. In certain areas, tation of the Excise Fuel Tracking System. portation System activities for innovative regional development organizations may serve Makes corrections to obligation limitation financing. levels. Corrects drafting errors to Oklahoma to ensure the participation of local officials and Retains practice in current law to continue State University and University of Okla- the public in the planning process in a coordi- multi-year obligation authority for research homa research activities. nated manner. programs. Corrects drafting errors to Fundamental Section 3030(c) of TEA 21 makes funds Corrects description of Interstate routes Properties of Asphalts and Modified Asphalts available for certain new starts projects. This used in apportionments. research program. June 3, 1998 CONGRESSIONAL RECORD — HOUSE H5 Section 12: and will lead us into the 21st Century. Per- SEC. 2. AUTHORIZATION AND PROGRAM SUB- Corrects reference to the National High- haps the most important reform in TEA 21 is TITLE. way Traffic Safety Administration. (a) AUTHORIZATION OF APPROPRIATIONS.— that transportation spending will now be linked Section 1101(a) of the Transportation Equity Section 13: to the taxes being paid by motorists and de- Makes corrections to offsetting adjust- Act for the 21st Century is amended— ments for discretionary spending limits. posited into the Highway Trust Fund. In addi- (1) in paragraph (13)— Section 14: tion, major reforms were made to benefit (A) by striking ‘‘$1,025,695,000’’ and insert- Makes corrections to the Veterans sub- donor states, with each state being guaran- ing ‘‘$1,029,473,500’’; title. teed at least a 90.5 percent Highway Trust (B) by striking ‘‘$1,398,675,000’’ and insert- Section 15: Fund return on apportioned programs and ing ‘‘$1,403,827,500’’; Makes technical corrections to the Reve- projects. (C) by striking ‘‘$1,678,410,000’’ the first nue title. TEA 21 also included a number of provi- place it appears and inserting Section 16: ‘‘$1,684,593,000’’; sions that give states additional opportunity to (D) by striking ‘‘$1,678,410,000’’ the second Provides for the effective date of this act finance highway projects through the use of to conform with the effective date of TEA–21. place it appears and inserting tolls. The provisions include a new pilot pro- ‘‘$1,684,593,000’’; I would also like to add that the Statement gram that allows tolls on three Interstates re- (E) by striking ‘‘$1,771,655,000’’ the first of Managers included in the Conference Re- quiring major rehabilitation, and a value pricing place it appears and inserting port also contains errors. A corrected State- program which allows up to 15 projects, up to ‘‘$1,778,181,500’’; and ment of Managers will be worked out with the 3 on the Interstates, as part of programs to re- (F) by striking ‘‘$1,771,655,000’’ the second Senate and included in both records shortly. duce congestion. New and existing innovative place it appears and inserting Mr. BARRETT of Wisconsin. Mr. finance programs could likely encourage addi- ‘‘$1,778,181,500’’; and Speaker, further reserving the right to tional tolls. (2) in paragraph (14)— Highway user groups, including the Amer- (A) by striking ‘‘1998’’ and inserting ‘‘1999’’; object, I appreciate that. What I felt and was necessary was for the body to hear ican Trucking Associations, the American (B) by inserting before ‘‘$5,000,000’’ the fol- the other side of the story here so that Automobile Association and the American lowing: ‘‘$10,000,000 for fiscal year 1998’’. individuals know that this is a very, Highway User Alliance, have expressed con- (b) OBLIGATION LIMITATIONS.— very, very important concern for the cern about the potential impact of additional (1) GENERAL LIMITATION.—Section 1102(a) of people of southeastern Wisconsin. I tolls on their members and the general public. such Act is amended— wanted to make sure that the people in They believe that new tolls will adversely af- (A) in paragraph (2) by striking fect interstate commerce and travel by in- ‘‘$25,431,000,000’’ and inserting this Chamber realize how important ‘‘$25,511,000,000’’; this is, at least for this Member and I creasing congestion, posing safety problems and increasing air quality problems. These (B) in paragraph (3) by striking think for the two Senators from the ‘‘$26,155,000,000’’ and inserting State of Wisconsin as well as the gen- groups also believe that new tolls are really ‘‘$26,245,000,000’’; tleman from Wisconsin (Mr. KLECZKA). taxes that constitute double taxation of high- (C) in paragraph (4) by striking Mr. BLILEY. Mr. Speaker, I rise in strong way users who are already paying the bill for ‘‘$26,651,000,000’’ and inserting our highways in the form of fuel taxes and support of H.R. 3978, the TEA 21 Restoration ‘‘$26,761,000,000’’; registration fees. Recent polls suggest the (D) in paragraph (5) by striking Act. As you know, Title VII of the TEA 21 con- public may have similar concerns. ‘‘$27,235,000,000’’ and inserting ference report contained provisions within the As these pilot programs are implemented, ‘‘$27,355,000,000’’; and jurisdiction of the Committee on Commerce we will continue to monitor, through possible (E) in paragraph (6) by striking which reauthorized the National Highway Traf- hearings and in other ways, the impacts on ‘‘$27,681,000,000’’ and inserting fic Safety Administration. Among those provi- highway users of these programs as Congress ‘‘$27,811,000,000’’. sions was a restriction on the use of funds au- (2) TRANSPORTATION RESEARCH PROGRAMS.— determines what role tolls should play in the Section 1102(e) of such Act is amended— thorized by the legislation for the lobbying of future in meeting transportation needs around state and local legislators. (A) by striking ‘‘3’’ and inserting ‘‘5’’; the country. (B) by striking ‘‘VI’’ and inserting ‘‘V’’; While both the House and Senate conferees The final sentence of Section 4014(c) of and intended that the provision apply only to TEA 21 allows motor carriers to obtain a driver (C) by inserting before the period at the NHTSA, the language ultimately sent to the applicant's motor vehicle record without com- end the following: ‘‘; except that obligation President inadvertently applied to the entire plying with any requirement to obtain the prior authority made available for such programs Department of Transportation. Section 12(a) of written consent of the applicant that might be under such limitations shall remain avail- H.R. 3978 corrects this drafting error and re- imposed by any other provision of federal or able for a period of 3 fiscal years’’. stores the intent of the conferees. state law. This language is intended to ad- (3) REDISTRIBUTION OF CERTAIN AUTHORIZED Mr. Speaker, the Committee on Commerce FUNDS.—Section 1102(f) of such Act is amend- dress a very limited safety concern for motor ed by striking ‘‘(other than the program has no objection to this change, and I support carriers who are mandated to obtain such under section 160 of title 23, United States the adoption of this provision. records by the Federal Highway Administra- Code)’’. Mr. PETRI. Mr. Speaker, the bill before us tion. (c) APPORTIONMENTS.—Section 1103 of such simply makes corrections to inadvertent errors Finally, section 1211(n) of TEA 21 makes Act is amended— that were contained in the conference report certain revisions to a Wisconsin Substitute (1) in subsection (l) by adding at the end to accompany H.R. 2400, known as the Trans- project originally authorized in section 1045 of the following: portation Equity Act for the 21st Century, ISTEA. It is my understanding that, in carrying ‘‘(5) Section 150 of such title, and the item out this provision, the Governor of Wisconsin relating to such section in the analysis for which was approved by the Congress on May chapter 1 of such title, are repealed.’’; 22. will consult with local officials and that the (2) in subsection (n) by inserting ‘‘of title This legislation reinstates certain provisions $241 million of Interstate Substitute funds will 23, United States Code’’ after ‘‘206’’; and agreed to by the conferees but which, for be spent in the Milwaukee area. (3) by adding at the end the following: whatever reason, were not included in the final Mr. BARRETT of Wisconsin. Mr. ‘‘(o) TECHNICAL ADJUSTMENTS.—Section 104 version. Again, these provisions simply reflect Speaker, with that and with the indul- of title 23, United States Code, is amended— agreements reached by the conferees. In ad- gence of the chairman of the commit- ‘‘(1) in subsection (a)(1) (as amended by subsection (a) of this section) by striking dition, upon review by the Transportation and tee, I withdraw my reservation of ob- jection. ‘under section 103’; Infrastructure Committee and the Department ‘‘(2) in subsection (b) (as amended by sub- of Transportation, certain other inadvertent er- The SPEAKER pro tempore. Is there objection to the request of the gen- section (b) of this section)— rors and technical problems have been discov- ‘‘(A) in paragraph (1)(A) by striking ‘1999 ered and the bill before us today will correct tleman from Pennsylvania? through 2003’ and inserting ‘1998 through There was no objection. these errors. 2002’; and The text of H.R. 3978 is as follows: Congressional approval of the Transpor- ‘‘(B) in paragraph (4)(B)(i) by striking ‘on H.R. 3978 tation Equity Act for the 21st Century, known lanes on Interstate System’ and all that fol- Be it enacted by the Senate and House of Rep- lows through ‘in each State’ and inserting as TEA 21, has already been heralded as one resentatives of the United States of America in ‘on Interstate System routes open to traffic of the landmark achievements of the 105th Congress assembled, in each State’; and Congress. Building upon the success of its SECTION 1. SHORT TITLE. ‘‘(3) in subsection (e)(2) (as added by sub- predecessor, ISTEA, TEA 21 continues our This Act may be cited as the ‘‘TEA 21 Res- section (d)(6) of this section) by striking ‘104, nation's highway, transit and safety programs toration Act’’. 144, or 157’ and inserting ‘104, 105, or 144’.’’. H6 CONGRESSIONAL RECORD — HOUSE June 3, 1998

(d) MINIMUM GUARANTEE.—Section 1104 of ‘‘(B) by striking ‘104(b)(5)(A)’ each place it ‘‘(4) conduct research, and study tech- such Act is amended by adding at the end appears and inserting ‘104(b)(5)(A) (as in ef- niques, on protecting historic covered the following: fect on the date before the date of enactment bridges from rot, fire, natural disasters, or ‘‘(c) TECHNICAL ADJUSTMENTS.—Section 105 of the Transportation Equity Act for the 21st weight-related damage. of title 23, United States Code (as amended Century)’; and ‘‘(c) DIRECT FEDERAL ASSISTANCE.— by subsection (a) of this section), is amend- ‘‘(2) in subsection (c) by striking ‘‘(1) IN GENERAL.—Subject to the availabil- ed— ‘104(b)(5)(B)’ each place it appears and insert- ity of appropriations, the Secretary shall ‘‘(1) in subsection (a) by adding at the end ing ‘104(b)(4)’.’’. make a grant to a State that submits an ap- the following: ‘The minimum amount allo- (g) CONGESTION MITIGATION AND AIR QUAL- plication to the Secretary that demonstrates cated to a State under this section for a fis- ITY IMPROVEMENT PROGRAM.—Section a need for assistance in carrying out 1 or cal year shall be $1,000,000.’; 1110(d)(2) of such Act is amended— more historic covered bridge projects de- ‘‘(2) in subsection (c)(1) by striking ‘50 per- (1) by striking ‘‘149(c)’’ and inserting scribed in paragraph (2). cent of’; ‘‘149(e)’’; and ‘‘(2) TYPES OF PROJECT.—A grant under ‘‘(3) in subsection (c)(1)(A) by inserting (2) by striking ‘‘that reduce’’ and inserting paragraph (1) may be made for a project— ‘(other than metropolitan planning, mini- ‘‘reduce’’. ‘‘(A) to rehabilitate or repair a historic mum guarantee, high priority projects, Ap- (h) HIGHWAY USE TAX EVASION PROJECTS.— covered bridge; and palachian development highway system, and Section 1114 of such Act is amended by add- ‘‘(B) to preserve a historic covered bridge, recreational trails programs)’ after ‘sub- ing at the end the following: including through— section (a)’; ‘‘(c) TECHNICAL ADJUSTMENTS.—Section 143 ‘‘(i) installation of a fire protection sys- ‘‘(4) in subsection (c)(1)(B) by striking ‘all of title 23, United States Code (as amended tem, including a fireproofing or fire detec- States’ and inserting ‘each State’; by subsection (a) of this section), is amend- tion system and sprinklers; ‘‘(5) in subsection (c)(2)— ed— ‘‘(ii) installation of a system to prevent ‘‘(A) by striking ‘apportion’ and inserting ‘‘(1) in subsection (c)(1) by striking ‘April vandalism and arson; or ‘administer’; and 1’ and inserting ‘August 1’; ‘‘(iii) relocation of a bridge to a preserva- ‘‘(B) by striking ‘apportioned’ and insert- ‘‘(2) in subsection (c)(3) by inserting ‘PRIOR- tion site. ing ‘administered’; and ITY’ after ‘FUNDING’; and ‘‘(3) AUTHENTICITY.—A grant under para- ‘‘(6) in subsection (f)— ‘‘(3) in subsection (c)(3) by inserting ‘and graph (1) may be made for a project only if— ‘‘(A) by inserting ‘percentage’ before ‘re- prior to funding any other activity under ‘‘(A) to the maximum extent practicable, turn’ each place it appears; this section,’ after ‘2003,’.’’. the project— ‘‘(B) in paragraph (2) by striking ‘for the (i) FEDERAL LANDS HIGHWAYS PROGRAM.— ‘‘(i) is carried out in the most historically preceding fiscal year was equal to or less Section 1115 of the Transportation Equity appropriate manner; and than’ and inserting ‘in the table in sub- Act for the 21st Century is amended by add- ‘‘(ii) preserves the existing structure of the section (b) was equal to’; and ing at the end the following: historic covered bridge; and ‘‘(C) in paragraph (3)— ‘‘(f) CONFORMING AMENDMENTS.— ‘‘(B) the project provides for the replace- ‘‘(i) by inserting ‘proportionately’ before ‘‘(1) FEDERAL SHARE.—Subsections (j) and ment of wooden components with wooden ‘adjust’; (k) of section 120 of title 23, United States components, unless the use of wood is im- ‘‘(ii) by striking ‘set forth’; and Code (as added by subsection (a) of this sec- practicable for safety reasons. ‘‘(iii) by striking ‘do not exceed’ and in- tion), are redesignated as subsections (k) and ‘‘(4) FEDERAL SHARE.—The Federal share of serting ‘is equal to’.’’. (l), respectively. the cost of a project carried out with a grant (e) REVENUE ALIGNED BUDGET AUTHORITY.— ‘‘(2) RESERVATION OF FUNDS.—Section under this subsection shall be 80 percent. Section 1105 of such Act is amended by add- 202(d)(4)(B) of such title (as added by sub- ‘‘(d) FUNDING.—There is authorized to be ing at the end the following: section (b)(4) of this section) is amended by appropriated to carry out this section ‘‘(c) TECHNICAL CORRECTIONS.—Section 110 striking ‘to, apply sodium acetate/formate $10,000,000 for each of fiscal years 1999 of such title (as amended by subsection (a)) de-icer to,’ and inserting ‘, sodium acetate/ through 2003. Such funds shall remain avail- is amended— formate, or other environmentally accept- able until expended. ‘‘(1) by striking subsection (a) and insert- able, minimally corrosive anti-icing and de- ‘‘SEC. 1225. SUBSTITUTE PROJECT. ing the following: icing compositions’. ‘‘(a) APPROVAL OF PROJECT.—Notwith- ‘(a) IN GENERAL.— ‘‘(3) ELIMINATION OF DUPLICATIVE PROVI- standing any other provision of law, upon ‘(1) ALLOCATION.—On October 15 of fiscal SION.—Section 144(g) of such title is amended the request of the Mayor of the District of year 2000 and each fiscal year thereafter, the by striking paragraph (4).’’. Columbia, the Secretary may approve sub- Secretary shall allocate for such fiscal year (j) WOODROW WILSON MEMORIAL BRIDGE stitute highway and transit projects under an amount of funds equal to the amount de- CORRECTION.—Section 1116 of such Act is section 103(e)(4) of title 23, United States termined pursuant to section amended by adding at the end the following: Code (as in effect on the day before the date 251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget ‘‘(e) TECHNICAL CORRECTION.—Sections of enactment of this Act), in lieu of con- and Emergency Deficit Control Act of 1985 (2 404(5) and 407(c)(2)(C)(iii) of such Act (as struction of the Barney Circle Freeway U.S.C 901(b)(2)(B)(ii)(I)(cc)) if the amount de- amended by subsections (a)(2) and (b)(2), re- project in the District of Columbia, as iden- termined pursuant to such section for such spectively) are amended by striking ‘the tified in the 1991 Interstate Cost Estimate. fiscal year is greater than zero. record of decision’ each place it appears and ‘‘(b) ELIGIBILITY FOR FEDERAL ASSIST- ‘(2) REDUCTION.—If the amount determined ANCE.—Upon approval of any substitute inserting ‘a record of decision’.’’. pursuant to section 251(b)(1)(B)(ii)(I)(cc) of project or projects under subsection (a)— (k) TECHNICAL CORRECTION.—Section 1117 of the Balanced Budget and Emergency Deficit ‘‘(1) the cost of construction of the Barney such Act is amended in subsections (a) and Control Act of 1985 (2 U.S.C Circle Freeway Modification project shall (b) by striking ‘‘section 102’’ each place it ap- 901(b)(2)(B)(ii)(I)(cc)) for fiscal year 2000 or not be eligible for funds authorized under pears and inserting ‘‘section 1101(a)(6)’’. any fiscal year thereafter is less than zero, section 108(b) of the Federal-Aid Highway the Secretary on October 1 of the succeeding SEC. 3. RESTORATIONS TO GENERAL PROVISIONS Act of 1956; and SUBTITLE. fiscal year shall reduce proportionately the ‘‘(2) substitute projects approved pursuant amount of sums authorized to be appro- (a) IN GENERAL.—Subtitle B of title I of the to this section shall be funded from inter- priated from the Highway Trust Fund (other Transportation Equity Act for the 21st Cen- state construction funds apportioned or allo- than the Mass Transit Account) to carry out tury is amended by adding at the end the fol- cated to the District of Columbia that are each of the Federal-aid highway and highway lowing: not expended and not subject to lapse on the safety construction programs (other than ‘‘SEC. 1224. NATIONAL HISTORIC COVERED date of enactment of this Act. emergency relief) by an aggregate amount BRIDGE PRESERVATION. ‘‘(c) FEDERAL SHARE.—The Federal share equal to the amount determined pursuant to ‘‘(a) HISTORIC COVERED BRIDGE DEFINED.— payable on account of a project or activity such section.’; In this section, the term ‘historic covered approved under this section shall be 85 per- ‘‘(2) in subsections (b)(2) and (b)(4) by strik- bridge’ means a covered bridge that is listed cent of the cost thereof; except that the ex- ing ‘subsection (a)’ and inserting ‘subsection or eligible for listing on the National Reg- ception set forth in section 120(b)(2) of title (a)(1)’; and ister of Historic Places. 23, United States Code, shall apply. ‘‘(3) in subsection (c) by striking ‘Mainte- ‘‘(b) HISTORIC COVERED BRIDGE PRESERVA- ‘‘(d) LIMITATION ON ELIGIBILITY.—Any sub- nance program, the’ and inserting ‘and’.’’. TION.—Subject to the availability of appro- stitute project approved pursuant to sub- (f) INTERSTATE MAINTENANCE PROGRAM.— priations under subsection (d), the Secretary section (a) (for which the Secretary finds Section 1107 of such Act is amended by add- shall— that sufficient Federal funds are available) ing at the end the following: ‘‘(1) collect and disseminate information must be under contract for construction, or ‘‘(d) TECHNICAL AMENDMENTS.—Section 119 concerning historic covered bridges; construction must have commenced, before of such title (as amended by subsection (a)) ‘‘(2) foster educational programs relating the last day of the 4-year period beginning is amended— to the history and construction techniques on the date of enactment of this Act. If the ‘‘(1) in subsection (b)— of historic covered bridges; substitute project is not under contract for ‘‘(A) by striking ‘104(b)(5)(B)’ and inserting ‘‘(3) conduct research on the history of his- construction, or construction has not com- ‘104(b)(4)’; and toric covered bridges; and menced, by such last day, the Secretary June 3, 1998 CONGRESSIONAL RECORD — HOUSE H7 shall withdraw approval of the substitute (B) by adding at the end the following: (B) by inserting after paragraph (1) the fol- project. ‘‘(4) TEXAS STATE HIGHWAY 99.—Texas State lowing: ‘‘SEC. 1226. FISCAL, ADMINISTRATIVE, AND Highway 99 (also known as ‘Grand Parkway’) ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— OTHER AMENDMENTS. shall be considered as 1 option in the I–69 There are authorized to be appropriated from ‘‘(a) ADVANCED CONSTRUCTION.—Section 115 route studies performed by the Texas De- the Highway Trust Fund (other than the of title 23, United States Code, is amended— partment of Transportation for the designa- Mass Transit Account) to carry out para- ‘‘(1) in subsection (b)— tion of I–69 Bypass in Houston, Texas.’’; and graph (1) the amounts specified in such para- ‘‘(A) by moving the text of paragraph (1) (5) by redesignating subsections (g) graph for the fiscal years specified in such (including subparagraphs (A) and (B)) 2 ems through (i) and (k) through (n) as sub- paragraph.’’; and to the left; sections (f) through (h) and (i) through (l), (2) in subsection (d)(1) by inserting ‘‘on ‘‘(B) by striking ‘PROJECTS’ and all that respectively. Route 50’’ after ‘‘measures’’. follows through ‘When a State’ and inserting (e) MISCELLANEOUS.—Section 1212 of such (h) ELIGIBILITY.—Section 1217 of such Act ‘PROJECTS.—When a State’; Act is amended— is amended— ‘‘(C) by striking paragraphs (2) and (3); (1) in the second sentence of subsection (1) in subsection (d) by striking ‘‘104(b)(4)’’ ‘‘(D) by striking ‘(A) prior’ and inserting (q)(1) by striking ‘‘advance curriculum’’ and and inserting ‘‘104(b)(5)(A)’’; ‘(1) prior’; and inserting ‘‘advanced curriculum’’; (2) in subsection (i) by striking ‘‘120(l)(1)’’ ‘‘(E) by striking ‘(B) the project’ and in- (2) in subsection (r)— and inserting ‘‘120(j)(1)’’; and serting ‘(2) the project’; (A) by redesignating paragraph (2) as para- (3) in subsection (j) by adding at the end ‘‘(2) by striking subsection (c); and graph (3); and the following: ‘‘$3,000,000 of the amounts ‘‘(3) by redesignating subsection (d) as sub- (B) by inserting after paragraph (1) the fol- made available for item 164 of the table con- section (c). lowing: tained in section 1602 shall be made available ‘‘(b) AVAILABILITY OF FUNDS.—Section 118 UTHORIZATION OF APPROPRIATIONS.— ‘‘(2) A on October 1, 1998, to the Pennsylvania Turn- of such title is amended— There are authorized to be appropriated from pike Commission to carry out this sub- ‘‘(1) in the subsection heading of sub- the Highway Trust Fund (other than the section.’’. section (b) by striking ‘; DISCRETIONARY Mass Transit Account) to carry out para- PROJECTS’; and graph (1) $2,000,000 for fiscal year 1999 and (i) MAGNETIC LEVITATION TRANSPORTATION ‘‘(2) by striking subsection (e) and insert- $2,500,000 for fiscal year 2000.’’; TECHNOLOGY DEPLOYMENT PROGRAM.—Sec- ing the following: (3) in subsection (s)— tion 1218 of such Act is amended by adding at ‘(e) EFFECT OF RELEASE OF FUNDS.—Any (A) by redesignating paragraph (2) as para- the end the following: Federal-aid highway funds released by the graph (3); and ‘‘(c) TECHNICAL AMENDMENTS.—Section 322 final payment on a project, or by the modi- (B) by inserting after paragraph (1) the fol- fication of the project agreement, shall be lowing: of title 23, United States Code (as added by credited to the same program funding cat- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— subsection (a) of this section), is amended— egory previously apportioned to the State There is authorized to be appropriated from ‘‘(1) in subsection (a)(3) by striking ‘or and shall be immediately available for ex- the Highway Trust Fund (other than the under 50 miles per hour’; penditure.’.’’. Mass Transit Account) to carry out para- ‘‘(2) in subsection (d)— ‘‘(c) ADVANCES TO STATES.—Section 124 of graph (1) $23,000,000 for fiscal year 1999.’’; ‘‘(A) in paragraph (1) by striking ‘or low- such title is amended— (4) in subsection (u)— speed’; and ‘‘(1) by striking ‘(a)’ the first place it ap- (A) by inserting ‘‘the Secretary shall ap- ‘‘(B) in paragraph (2)— pears; and prove, and’’ before ‘‘the Commonwealth’’; ‘‘(i) in subparagraph (A) by striking ‘‘(2) by striking subsection (b). (B) by inserting a comma after ‘‘with’’; and ‘(h)(1)(A)’ and inserting ‘(h)(1)’; and ‘‘(d) DIVERSION.—Section 126 of such title, (C) by inserting ‘‘(as redefined by this ‘‘(ii) in subparagraph (B) by striking ‘(h)(4)’ and the item relating to such section in the Act)’’ after ‘‘80’’; and and inserting ‘(h)(3)’; analysis for chapter 1 of such title, are re- (5) by redesignating subsections (k) ‘‘(3) in subsection (h)(1)(B)(i) by inserting pealed.’’. through (z) as subsections (e) through (t), re- ‘(other than subsection (i))’ after ‘this sec- (b) CONFORMING AMENDMENT.—The table of spectively. tion’; and contents contained in section 1(b) of such (f) PUERTO RICO HIGHWAY PROGRAM.—Sec- ‘‘(4) by adding at the end the following: Act is amended by inserting after the item tion 1214(r) of the Transportation Equity Act ‘(i) LOW-SPEED PROJECT.— relating to section 1222 the following: for the 21st Century is amended by adding at ‘(1) IN GENERAL.—Notwithstanding any ‘‘Sec. 1223. Transportation assistance for the end the following: other provision of this section, of the funds Olympic cities. ‘‘(3) TREATMENT OF FUNDS.—Amounts made made available by subsection (h)(1)(A) to ‘‘Sec. 1224. National historic covered bridge available to carry out this subsection for a carry out this section, $5,000,000 shall be preservation. fiscal year shall be administered as follows: made available to the Secretary to make ‘‘Sec. 1225. Substitute project. ‘‘(A) For purposes of this subsection, such grants for the research and development of ‘‘Sec. 1226. Fiscal, administrative, and other amounts shall be treated as being appor- low-speed superconductivity magnetic levi- amendments.’’. tioned to Puerto Rico under sections 104(b), tation technology for public transportation (c) METROPOLITAN PLANNING TECHNICAL AD- 144, and 206 of title 23, United States Code, purposes in urban areas to demonstrate en- JUSTMENT.—Section 1203 of such Act is for each program funded under such sections ergy efficiency, congestion mitigation, and amended by adding at the end the following: in an amount determined by multiplying— safety benefits. ‘‘(o) TECHNICAL ADJUSTMENT.—Section ‘‘(i) the aggregate of such amounts for the ‘(2) NONCONTRACT AUTHORITY AUTHORIZA- 134(h)(5)(A) of title 23, United States Code (as fiscal year; by TION OF APPROPRIATIONS.— amended by subsection (h) of this section), is ‘‘(ii) the ratio that— ‘(A) IN GENERAL.—There are authorized to amended by striking ‘for implementation’.’’. ‘‘(I) the amount of funds apportioned to be appropriated from the Highway Trust (d) AMENDMENTS TO PRIOR SURFACE TRANS- Puerto Rico for each such program for fiscal Fund (other than the Mass Transit Account) PORTATION LAWS.—Section 1211 of such Act is year 1997; bears to to carry out this subsection such sums as are amended— ‘‘(II) the total amount of funds apportioned necessary for each of fiscal years 2000 (1) in subsection (i)(3)(E) by striking ‘‘sub- to Puerto Rico for all such programs for fis- through 2003. paragraph (D)’’ and inserting ‘‘subparagraph cal year 1997. ‘(B) AVAILABILITY.—Notwithstanding sec- (C)’’; ‘‘(B) The amounts treated as being appor- tion 118(a), funds made available under sub- (2) in subsection (i) by adding at the end tioned to Puerto Rico under each section re- paragraph (A)— the following: ferred to in subparagraph (A) shall be ‘(i) shall not be available in advance of an ‘‘(4) TECHNICAL AMENDMENTS.—Section deemed to be required to be apportioned to annual appropriation; and 1105(e)(5)(B)(i) of such Act (as amended by Puerto Rico under such section for purposes ‘(ii) shall remain available until ex- paragraph (3) of this subsection) is amend- of the imposition of any penalty provisions pended.’.’’. ed— in titles 23 and 49, United States Code. (j) TRANSPORTATION ASSISTANCE FOR OLYM- ‘‘(A) by striking ‘subsection (c)(18)(B)(i)’ ‘‘(C) Subject to subparagraph (B), nothing PIC CITIES.—Section 1223(f) of such Act is and inserting ‘subsection (c)(18)(D)(i)’; in this subsection shall be construed as af- ‘‘(B) by striking ‘subsection (c)(18)(B)(ii)’ fecting any allocation under section 105 of amended by inserting before the period at and inserting ‘subsection (c)(18)(D)(ii)’; and title 23, United States Code, and any appor- the end the following: ‘‘or Special Olympics ‘‘(C) by adding at the end the following: tionment under sections 104 and 144 of such International’’. title.’’. ‘The portion of the route referred to in sub- SEC. 4. RESTORATIONS TO PROGRAM STREAM- section (c)(36) is designated as Interstate (g) DESIGNATED TRANSPORTATION ENHANCE- LINING AND FLEXIBILITY SUBTITLE. Route I–86.’.’’; MENT ACTIVITIES.—Section 1215 of such Act— (3) by striking subsection (j); (1) is amended in each of subsections (d), (a) IN GENERAL.—Subtitle C of title I of the (4) in subsection (k)— (e), (f), and (g)— Transportation Equity Act for the 21st Cen- (A) by striking ‘‘along’’ in paragraph (1) (A) by redesignating paragraph (2) as para- tury is amended by adding at the end the fol- and inserting ‘‘from’’; and graph (3); and lowing: H8 CONGRESSIONAL RECORD — HOUSE June 3, 1998 ‘‘SEC. 1311. DISCRETIONARY GRANT SELECTION ‘‘SEC. 1405. OPEN CONTAINER LAWS. used or directed as described in subparagraph CRITERIA AND PROCESS. ‘‘(a) ESTABLISHMENT.—Chapter 1 of title 23, (A) or (B) of paragraph (1). ‘‘(a) ESTABLISHMENT OF CRITERIA.—The United States Code, is amended by inserting ‘(3) USE FOR HAZARD ELIMINATION PRO- Secretary shall establish criteria for all dis- after section 153 the following: GRAM.—A State may elect to use all or a por- cretionary programs funded from the High- ‘§ 154. Open container requirements tion of the funds transferred under para- way Trust Fund (other than the Mass Tran- ‘(a) DEFINITIONS.—In this section, the fol- graph (1) or (2) for activities eligible under sit Account). To the extent practicable, such lowing definitions apply: section 152. criteria shall conform to the Executive ‘(4) FEDERAL SHARE.—The Federal share of Order No. 12893 (relating to infrastructure in- ‘(1) ALCOHOLIC BEVERAGE.—The term ‘‘alco- holic beverage’’ has the meaning given the the cost of a project carried out with funds vestment). transferred under paragraph (1) or (2), or ‘‘(b) SELECTION PROCESS.— term in section 158(c). ‘(2) MOTOR VEHICLE.—The term ‘‘motor ve- used under paragraph (3), shall be 100 per- ‘‘(1) LIMITATION ON ACCEPTANCE OF APPLICA- cent. TIONS.—Before accepting applications for hicle’’ means a vehicle driven or drawn by ‘(5) DERIVATION OF AMOUNT TO BE TRANS- grants under any discretionary program for mechanical power and manufactured pri- marily for use on public highways, but does FERRED.—The amount to be transferred which funds are authorized to be appro- under paragraph (1) or (2) may be derived priated from the Highway Trust Fund (other not include a vehicle operated exclusively on a rail or rails. from 1 or more of the following: than the Mass Transit Account) by this Act ‘(A) The apportionment of the State under (including the amendments made by this ‘(3) OPEN ALCOHOLIC BEVERAGE CONTAINER.— The term ‘‘open alcoholic beverage con- section 104(b)(1). Act), the Secretary shall publish the criteria ‘(B) The apportionment of the State under established under subsection (a). Such publi- tainer’’ means any bottle, can, or other re- ceptacle— section 104(b)(3). cation shall identify all statutory criteria ‘(C) The apportionment of the State under ‘(A) that contains any amount of alcoholic and any criteria established by regulation section 104(b)(4). that will apply to the program. beverage; and ‘(6) TRANSFER OF OBLIGATION AUTHORITY.— ‘‘(2) EXPLANATION.—Not less often than ‘(B)(i) that is open or has a broken seal; or ‘(A) IN GENERAL.—If the Secretary trans- ‘(ii) the contents of which are partially re- quarterly, the Secretary shall submit to the fers under this subsection any funds to the moved. Committee on Environment and Public apportionment of a State under section 402 ‘(4) PASSENGER AREA.—The term ‘‘pas- Works of the Senate and the Committee on for a fiscal year, the Secretary shall transfer senger area’’ shall have the meaning given Transportation and Infrastructure of the an amount, determined under subparagraph the term by the Secretary by regulation. House of Representatives a list of the (B), of obligation authority distributed for ‘(b) OPEN CONTAINER LAWS.— projects selected under discretionary pro- the fiscal year to the State for Federal-aid ‘(1) IN GENERAL.—For the purposes of this grams funded from the Highway Trust Fund highways and highway safety construction section, each State shall have in effect a law (other than the Mass Transit Account) and programs for carrying out projects under that prohibits the possession of any open al- an explanation of how the projects were se- section 402. coholic beverage container, or the consump- lected based on the criteria established ‘(B) AMOUNT.—The amount of obligation tion of any alcoholic beverage, in the pas- under subsection (a). authority referred to in subparagraph (A) senger area of any motor vehicle (including ‘‘(c) MINIMUM COVERED PROGRAMS.—At a shall be determined by multiplying— possession or consumption by the driver of minimum, the criteria established under ‘(i) the amount of funds transferred under subsection (a) and the selection process es- the vehicle) located on a public highway, or subparagraph (A) to the apportionment of tablished by subsection (b) shall apply to the the right-of-way of a public highway, in the the State under section 402 for the fiscal following programs: State. year; by ‘‘(1) The intelligent transportation system ‘(2) MOTOR VEHICLES DESIGNED TO TRANS- ‘(ii) the ratio that— deployment program under title V. PORT MANY PASSENGERS.—For the purposes of ‘(I) the amount of obligation authority dis- ‘‘(2) The national corridor planning and de- this section, if a State has in effect a law tributed for the fiscal year to the State for velopment program. that makes unlawful the possession of any Federal-aid highways and highway safety ‘‘(3) The coordinated border infrastructure open alcoholic beverage container by the construction programs; bears to and safety program. driver (but not by a passenger)— ‘(II) the total of the sums apportioned to ‘‘(4) The construction of ferry boats and ‘(A) in the passenger area of a motor vehi- the State for Federal-aid highways and high- ferry terminal facilities. cle designed, maintained, or used primarily way safety construction programs (excluding ‘‘(5) The national scenic byways program. for the transportation of persons for com- sums not subject to any obligation limita- ‘‘(6) The Interstate discretionary program. pensation, or tion) for the fiscal year. ‘‘(7) The discretionary bridge program.’’. ‘(B) in the living quarters of a house coach ‘(7) LIMITATION ON APPLICABILITY OF OBLI- (b) CONFORMING AMENDMENTS.—The table or house trailer, GATION LIMITATION.—Notwithstanding any of contents contained in section 1(b) of such the State shall be deemed to have in effect a other provision of law, no limitation on the Act is amended— law described in this subsection with respect total of obligations for highway safety pro- (1) by striking the following: to such a motor vehicle for each fiscal year grams under section 402 shall apply to funds ‘‘Sec. 1309. Major investment study integra- during which the law is in effect. transferred under this subsection to the ap- tion.’’ ‘(c) TRANSFER OF FUNDS.— portionment of a State under such section.’. and inserting the following: ‘(1) FISCAL YEARS 2001 AND 2002.—On October ‘‘(b) CONFORMING AMENDMENT.—The analy- ‘‘Sec. 1308. Major investment study integra- 1, 2000, and October 1, 2001, if a State has not sis for chapter 1 of such title is amended by tion.’’; enacted or is not enforcing an open container inserting after the item relating to section and law described in subsection (b), the Sec- 153 the following: (2) by inserting after the item relating to retary shall transfer an amount equal to 11⁄2 ‘154. Open container requirements.’. section 1310 the following: percent of the funds apportioned to the State ‘‘SEC. 1406. MINIMUM PENALTIES FOR REPEAT ‘‘Sec. 1311. Discretionary grant selection cri- on that date under each of paragraphs (1), OFFENDERS FOR DRIVING WHILE IN- teria and process.’’. (3), and (4) of section 104(b) to the apportion- TOXICATED OR DRIVING UNDER THE (c) REVIEW PROCESS.—Section 1309 of the ment of the State under section 402— INFLUENCE. Transportation Equity Act for the 21st Cen- ‘(A) to be used for alcohol-impaired driving ‘‘(a) IN GENERAL.—Chapter 1 of title 23, tury is amended— countermeasures; or United States Code, is amended by adding at (1) in subsection (a)(1) by inserting after ‘(B) to be directed to State and local law the end the following: ‘‘highway construction’’ the following: ‘‘and enforcement agencies for enforcement of ‘§ 164. Minimum penalties for repeat offend- mass transit’’; laws prohibiting driving while intoxicated or ers for driving while intoxicated or driving (2) in subsection (d) by inserting after driving under the influence and other related under the influence ‘‘Code,’’ the following: ‘‘or chapter 53 of title laws (including regulations), including the ‘(a) DEFINITIONS.—In this section, the fol- 49, United States Code,’’; and purchase of equipment, the training of offi- lowing definitions apply: (3) in subsection (e)(1)— cers, and the use of additional personnel for ‘(1) ALCOHOL CONCENTRATION.—The term (A) by inserting ‘‘or recipient’’ after ‘‘a specific alcohol-impaired driving counter- ‘‘alcohol concentration’’ means grams of al- State’’; measures, dedicated to enforcement of the cohol per 100 milliliters of blood or grams of (B) by inserting after ‘‘provide funds’’ the laws (including regulations). alcohol per 210 liters of breath. following: ‘‘for a highway project’’; and ‘(2) FISCAL YEAR 2003 AND FISCAL YEARS ‘(2) DRIVING WHILE INTOXICATED; DRIVING (C) by inserting after ‘‘Code,’’ the follow- THEREAFTER.—On October 1, 2002, and each UNDER THE INFLUENCE.—The terms ‘‘driving ing: ‘‘or for a mass transit project made October 1 thereafter, if a State has not en- while intoxicated’’ and ‘‘driving under the available under chapter 53 of title 49, United acted or is not enforcing an open container influence’’ mean driving or being in actual States Code,’’. law described in subsection (b), the Sec- physical control of a motor vehicle while SEC. 5. RESTORATIONS TO SAFETY SUBTITLE. retary shall transfer an amount equal to 3 having an alcohol concentration above the (a) IN GENERAL.—Subtitle D of title I of the percent of the funds apportioned to the State permitted limit as established by each State. Transportation Equity Act for the 21st Cen- on that date under each of paragraphs (1), ‘(3) LICENSE SUSPENSION.—The term ‘‘li- tury is amended by adding at the end the fol- (3), and (4) of section 104(b) to the apportion- cense suspension’’ means the suspension of lowing: ment of the State under section 402 to be all driving privileges. June 3, 1998 CONGRESSIONAL RECORD — HOUSE H9

‘(4) MOTOR VEHICLE.—The term ‘‘motor ve- ‘(C) The apportionment of the State under ‘‘(iv) by redesignating subparagraphs (B), hicle’’ means a vehicle driven or drawn by section 104(b)(4). (C), and (D) as subparagraphs (A), (B), and mechanical power and manufactured pri- ‘(6) TRANSFER OF OBLIGATION AUTHORITY.— (C), respectively.’’. marily for use on public highways, but does ‘(A) IN GENERAL.—If the Secretary trans- (c) NATIONAL DEFENSE HIGHWAYS OUTSIDE not include a vehicle operated solely on a fers under this subsection any funds to the THE UNITED STATES.—Section 1214(e) of such rail line or a commercial vehicle. apportionment of a State under section 402 Act is amended to read as follows: ‘(5) REPEAT INTOXICATED DRIVER LAW.—The for a fiscal year, the Secretary shall transfer ‘‘(e) MINNESOTA TRANSPORTATION HISTORY term ‘‘repeat intoxicated driver law’’ means an amount, determined under subparagraph NETWORK.— a State law that provides, as a minimum (B), of obligation authority distributed for ‘‘(1) IN GENERAL.—The Secretary shall penalty, that an individual convicted of a the fiscal year to the State for Federal-aid award a grant to the Minnesota Historical second or subsequent offense for driving highways and highway safety construction Society for the establishment of the Min- while intoxicated or driving under the influ- programs for carrying out projects under nesota Transportation History Network to ence after a previous conviction for that of- section 402. include major exhibits, interpretive pro- fense shall— ‘(B) AMOUNT.—The amount of obligation grams at national historic landmark sites, ‘(A) receive a driver’s license suspension authority referred to in subparagraph (A) and outreach programs with county and for not less than 1 year; shall be determined by multiplying— local historical organizations. ‘(B) be subject to the impoundment or im- ‘(i) the amount of funds transferred under ‘‘(2) COORDINATION.—In carrying out sub- mobilization of each of the individual’s subparagraph (A) to the apportionment of section (a), the Secretary shall coordinate motor vehicles or the installation of an igni- the State under section 402 for the fiscal with officials of the Minnesota Historical So- tion interlock system on each of the motor year; by ciety. vehicles; ‘(ii) the ratio that— ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘(C) receive an assessment of the individ- ‘(I) the amount of obligation authority dis- There is authorized to be appropriated out of ual’s degree of abuse of alcohol and treat- tributed for the fiscal year to the State for the Highway Trust Fund (other than the ment as appropriate; and Federal-aid highways and highway safety Mass Transit Account) $1,000,000 for each of ‘(D) receive— construction programs; bears to fiscal years 1999 through 2003 to carry out ‘(i) in the case of the second offense— ‘(II) the total of the sums apportioned to this subsection. ‘‘(I) an assignment of not less than 30 days the State for Federal-aid highways and high- ‘‘(4) APPLICABILITY OF TITLE 23.—Funds au- of community service; or way safety construction programs (excluding thorized by this subsection shall be available ‘(II) not less than 5 days of imprisonment; sums not subject to any obligation limita- for obligation in the same manner as if such and tion) for the fiscal year. funds were apportioned under chapter 1 of ‘(ii) in the case of the third or subsequent ‘(7) LIMITATION ON APPLICABILITY OF OBLI- title 23, United States Code; except that such offense— GATION LIMITATION.—Notwithstanding any funds shall remain available until ex- ‘(I) an assignment of not less than 60 days other provision of law, no limitation on the pended.’’. of community service; or total of obligations for highway safety pro- (d) ENTRANCE PAVING AT NINIGRET NA- ‘(II) not less than 10 days of imprisonment. grams under section 402 shall apply to funds TIONAL WILDLIFE REFUGE.—Section 1214(i) of ‘(b) TRANSFER OF FUNDS.— transferred under this subsection to the ap- such Act is amended by striking ‘‘$750,000’’ ‘(1) FISCAL YEARS 2001 AND 2002.—On October portionment of a State under such section.’. each place it appears and inserting ‘‘$75,000’’. 1, 2000, and October 1, 2001, if a State has not ‘‘(b) CONFORMING AMENDMENT.—The analy- SEC. 7. HIGHWAY FINANCE. enacted or is not enforcing a repeat intoxi- sis for chapter 1 of such title is amended by (a) IN GENERAL.—Section 1503 of the Trans- cated driver law, the Secretary shall transfer adding at the end the following: portation Equity Act for the 21st Century is an amount equal to 11⁄2 percent of the funds ‘164. Minimum penalties for repeat offenders amended by adding at the end the following: apportioned to the State on that date under for driving while intoxicated or ‘‘(c) TECHNICAL AMENDMENTS.—Section 188 each of paragraphs (1), (3), and (4) of section driving under the influence.’.’’. of title 23, United States Code (as added by 104(b) to the apportionment of the State (b) CONFORMING AMENDMENT.—The table of subsection (a) of this section), is amended— under section 402— contents contained in section 1(b) of such ‘‘(1) in subsection (a)(2) by striking ‘1998’ ‘(A) to be used for alcohol-impaired driving Act is amended by inserting after the item and inserting ‘1999’; and countermeasures; or relating to section 1403 the following: ‘‘(2) in subsection (c)— ‘(B) to be directed to State and local law ‘‘Sec. 1404. Safety incentives to prevent oper- ‘‘(A) by striking ‘1998’ and inserting ‘1999’; enforcement agencies for enforcement of ation of motor vehicles by in- and laws prohibiting driving while intoxicated or toxicated persons. ‘‘(B) by striking the table and inserting the driving under the influence and other related ‘‘Sec. 1405. Open container laws. following: laws (including regulations), including the ‘‘Sec. 1406. Minimum penalties for repeat of- Maximum amount purchase of equipment, the training of offi- fenders for driving while intoxi- ‘Fiscal year: of credit: cers, and the use of additional personnel for cated or driving under the in- 1999 ...... $1,600,000,000 specific alcohol-impaired driving counter- fluence.’’. 2000 ...... $1,800,000,000 measures, dedicated to enforcement of the (c) ROADSIDE SAFETY TECHNOLOGIES.—Sec- 2001 ...... $2,200,000,000 laws (including regulations). tion 1402(a)(2) of such Act is amended by 2002 ...... $2,400,000,000 ‘(2) FISCAL YEAR 2003 AND FISCAL YEARS striking ‘‘directive’’ and inserting ‘‘redirec- 2003 ...... $2,600,000,000.’.’’. THEREAFTER.—On October 1, 2002, and each tive’’. (b) CONFORMING AMENDMENTS.—The table October 1 thereafter, if a State has not en- SEC. 6. ELIMINATION OF DUPLICATE PROVI- of contents contained in section 1(b) of the acted or is not enforcing a repeat intoxicated SIONS. Transportation Equity Act for the 21st Cen- driver law, the Secretary shall transfer an (a) SAN MATEO COUNTY, CALIFORNIA.—Sec- tury is amended— amount equal to 3 percent of the funds ap- tion 1113 of the Transportation Equity Act (1) in the item relating to section 1119 by portioned to the State on that date under for the 21st Century is amended— striking ‘‘and safety’’; and each of paragraphs (1), (3), and (4) of section (1) by striking subsection (c); and (2) by striking the items relating to sub- 104(b) to the apportionment of the State (2) by redesignating subsection (c) as sub- title E of title I and inserting the following: under section 402 to be used or directed as section (d). ‘‘Subtitle E—Finance described in subparagraph (A) or (B) of para- (b) VALUE PRICING PILOT PROGRAM.—Sec- ‘‘CHAPTER 1—TRANSPORTATION graph (1). tion 1216(a) of such Act is amended by adding INFRASTRUCTURE FINANCE AND INNOVATION ‘(3) USE FOR HAZARD ELIMINATION PRO- at the end the following: ‘‘Sec. 1501. Short title. GRAM.—A State may elect to use all or a por- ‘‘(8) CONFORMING AMENDMENTS.— ‘‘Sec. 1502. Findings. tion of the funds transferred under para- ‘‘(A) Section 1012(b)(6) of such Act (as ‘‘Sec. 1503. Establishment of program. graph (1) or (2) for activities eligible under amended by paragraph (5) of this subsection) ‘‘Sec. 1504. Duties of the Secretary. section 152. is amended by striking ‘146(c)’ and inserting ‘(4) FEDERAL SHARE.—The Federal share of ‘102(a)’. ‘‘CHAPTER 2—STATE INFRASTRUCTURE BANK the cost of a project carried out with funds ‘‘(B) Section 1012(b)(8) of such Act (as PILOT PROGRAM transferred under paragraph (1) or (2), or added by paragraph (7) of this subsection) is ‘‘Sec. 1511. State infrastructure bank pilot used under paragraph (3), shall be 100 per- amended— program.’’. cent. ‘‘(i) in subparagraph (C) by striking ‘under SEC. 8. HIGH PRIORITY PROJECTS TECHNICAL ‘(5) DERIVATION OF AMOUNT TO BE TRANS- this subsection’ and inserting ‘to carry out CORRECTIONS. FERRED.—The amount to be transferred this subsection’; The table contained in section 1602 of the under paragraph (1) or (2) may be derived ‘‘(ii) in subparagraph (D)— Transportation Equity Act for the 21st Cen- from 1 or more of the following: ‘‘(I) by striking ‘under this paragraph’ and tury is amended— ‘(A) The apportionment of the State under inserting ‘to carry out this subsection’; and (1) in item 1 by striking ‘‘1.275’’ and insert- section 104(b)(1). ‘‘(II) by striking ‘by this paragraph’ and in- ing ‘‘1.7’’; ‘(B) The apportionment of the State under serting ‘to carry out this subsection’; (2) in item 82 by striking ‘‘30.675’’ and in- section 104(b)(3). ‘‘(iii) by striking subparagraph (A); and serting ‘‘32.4’’; H10 CONGRESSIONAL RECORD — HOUSE June 3, 1998 (3) in item 107 by striking ‘‘1.125’’ and in- (26) in item 702 by striking ‘‘10.5’’ and in- (A) by striking ‘‘in Euclid’’ and inserting serting ‘‘1.44’’; serting ‘‘10’’; ‘‘and London Road in Cleveland’’; and (4) in item 121 by striking ‘‘10.5’’ and in- (27) in item 746 by inserting ‘‘, and for the (B) by striking ‘‘3.75’’ and inserting ‘‘8.0’’; serting ‘‘5.0’’; purchase of the Block House in Scott Coun- (51) in item 1535 by striking ‘‘Stanford’’ (5) in item 140 by inserting ‘‘-VFHS Cen- ty, Virginia’’ after ‘‘Forest’’; and inserting ‘‘Stamford’’; ter’’ after ‘‘Park’’; (28) in item 755 by striking ‘‘1.125’’ and in- (52) in item 1538 by striking ‘‘and Win- (6) in item 151 by striking ‘‘5.666’’ and in- serting ‘‘1.5’’; chester’’ and inserting ‘‘, Winchester, and serting ‘‘8.666’’; (29) in item 769 by striking ‘‘Construct new Torrington’’; (7) in item 164— I–95 interchange with Highway 99W, Tehama (53) by striking item 1546 and inserting the (A) by inserting ‘‘, and $3,000,000 for the pe- County’’ and inserting ‘‘Construct new I–5 following: riod of fiscal years 1998 and 1999 shall be interchange with Highway 99W, Tehama made available to carry out section 1217(j)’’ County’’; ‘‘1546. Michigan ...... Construct Bridge-to-Bay bike after ‘‘Pennsylvania’’; and (30) in item 770 by striking ‘‘1.35’’ and in- path, St. Clair County ...... 0.450’’; (B) by striking ‘‘25’’ and inserting ‘‘24.78’’; serting ‘‘1.0’’; (8) by striking item 166 and inserting the (31) in item 789 by striking ‘‘2.0625’’ and in- (54) by striking item 1549 and inserting the following: serting ‘‘1.0’’; following: (32) in item 803 by striking ‘‘Tomahark’’ and inserting ‘‘Tomahawk’’; ‘‘1549. New York ...... Center for Advanced Simula- (33) in item 836 by striking ‘‘Construct’’ tion and Technology, at ‘‘166. Michigan ...... Improve Tenth Street, Port Huron 1.8’’; and all that follows through ‘‘for’’ and in- Dowling College ...... 0.6’’; serting ‘‘To the National Park Service for (9) by striking item 242 and inserting the construction of the’’; (55) in item 1663 by striking ‘‘26.5’’ and in- following: (34) in item 854 by striking ‘‘0.75’’ and in- serting ‘‘27.5’’; serting ‘‘1’’; (56) in item 1703 by striking ‘‘I–80’’ and in- ‘‘242. Minnesota ...... Construct Third Street North, (35) in item 863 by striking ‘‘9’’ and insert- serting ‘‘I–180’’; CSAH 81, Waite Park and St. ing ‘‘4.75’’; (57) in item 1726 by striking ‘‘I–179’’ and in- Cloud ...... 1.0’’; (36) in item 887 by striking ‘‘0.75’’ and in- serting ‘‘I–79’’; serting ‘‘3.21’’; (58) by striking item 1770 and inserting the (10) by striking item 250 and inserting the (37) in item 891 by striking ‘‘19.5’’ and in- following: following: serting ‘‘25.0’’; (38) in item 902 by striking ‘‘10.5’’ and in- ‘‘1770. Virginia ...... Operate and conduct research ‘‘250. Indiana ...... Reconstruct Old Merridan Cor- serting ‘‘14.0’’; on the ‘Smart Road’ in ridor from Pennsylvania Ave- (39) by striking item 1065 and inserting the Blacksburg ...... 6.025’’; nue to Gilford Road ...... 1.35’’; following: (59) in item 1810 by striking ‘‘Construct Rio ‘‘1065. Texas ...... Construct a 4-lane divided (11) in item 255 by striking ‘‘2.25’’ and in- Rancho Highway’’ and inserting ‘‘Northwest serting ‘‘3.0’’; highway on Artcraft Road from I–10 to Route 375 in Albuquerque/Rio Rancho high priority (12) in item 263 by striking ‘‘Upgrade High- El Paso ...... 5’’; roads’’; way 99 between State Highway 70 and Lin- (60) in item 1815 by striking ‘‘High’’ and all coln Road, Sutter County’’ and inserting (40) in item 1192 by striking ‘‘24.97725’’ and that follows through ‘‘projects’’ and insert- ‘‘Upgrade Highway 99, Sutter County’’; inserting ‘‘24.55725’’; ing ‘‘Highway and bridge projects that Dela- (13) in item 288 by striking ‘‘3.75’’ and in- (41) in item 1200 by striking ‘‘Upgrade (all ware provides for by law’’; serting ‘‘5.0’’; weather) on U.S. 2, U.S. 41, and M 35’’ and in- (61) in item 1844 by striking ‘‘Prepare’’ and (14) in item 290 by striking ‘‘3.5’’ and in- serting ‘‘Upgrade (all weather) on Delta inserting ‘‘Repair’’; serting ‘‘3.0’’; County’s reroute of U.S. 2, U.S. 41, and M (62) by striking item 1850 and inserting the (15) in item 345 by striking ‘‘8’’ and insert- 35’’; following: ing ‘‘19.4’’; (42) in item 1245 by striking ‘‘3’’ and insert- (16) in item 418 by striking ‘‘2’’ and insert- ing ‘‘3.5’’; ing ‘‘2.5’’; ‘‘1850. Missouri ...... Resurface and maintain roads (43) in item 1271 by striking ‘‘Spur’’ and all (17) in item 421 by striking ‘‘11’’ and insert- located in Missouri State that follows through ‘‘U.S. 59’’ and inserting ing ‘‘6’’; parks ...... 5’’; ‘‘rail-grade separations (Rosenberg Bypass) (18) in item 508 by striking ‘‘1.8’’ and in- at U.S. 59(S)’’; serting ‘‘2.4’’; (63) in item 661 by striking ‘‘SR 800’’ and (44) in item 1278 by striking ‘‘28.18’’ and in- (19) by striking item 525 and inserting the inserting ‘‘SR 78’’; serting ‘‘22.0’’; following: (64) in item 1704 by inserting ‘‘, Pitts- (45) in item 1288 by inserting ‘‘30’’ after burgh,’’ after ‘‘Road’’; and ‘‘U.S.’’; (65) in item 1710 by inserting ‘‘, Beth- ‘‘525. Alaska ...... Construct Bradfield Canal Road 1’’; (46) in item 1338 by striking ‘‘5.5’’ and in- lehem’’ after ‘‘site’’. serting ‘‘3.5’’; SEC. 9. FEDERAL TRANSIT ADMINISTRATION (20) in item 540 by striking ‘‘1.5’’ and in- (47) in item 1383 by striking ‘‘0.525’’ and in- PROGRAMS. serting ‘‘2.0’’; serting ‘‘0.35’’; (21) in item 576 by striking ‘‘0.52275’’ and (48) in item 1395 by striking ‘‘Construct’’ (a) DEFINITIONS.—Section 3003 of the Fed- inserting ‘‘0.69275’’; and all that follows through ‘‘Road’’ and in- eral Transit Act of 1998 is amended— (22) in item 588 by striking ‘‘2.5’’ and in- serting ‘‘Upgrade Route 219 between (1) by inserting ‘‘(a) IN GENERAL.—’’ before serting ‘‘3.0’’; Meyersdale and Somerset’’; ‘‘Section 5302’’; and (23) in item 591 by striking ‘‘10’’ and insert- (49) in item 1468 by striking ‘‘Reconstruct’’ (2) by adding at the end the following: ing ‘‘5’’; and all that follows through ‘‘U.S. 23’’ and ‘‘(b) CONFORMING AMENDMENTS.—Section (24) in item 635 by striking ‘‘1.875’’ and in- inserting ‘‘Conduct engineering and design 5302 (as amended by subsection (a) of this serting ‘‘2.15’’; and improve I–94 in Calhoun and Jackson section) is amended in subsection (a)(1)(G)(i) (25) in item 669 by striking ‘‘3’’ and insert- Counties’’; by striking ‘daycare and’ and inserting ing ‘‘3.5’’; (50) in item 1474— ‘daycare or’.’’. June 3, 1998 CONGRESSIONAL RECORD — HOUSE H11

(b) METROPOLITAN PLANNING.—Section 3004 have jurisdiction over land in the Lake ‘(1)(A) All federally funded projects carried of the Federal Transit Act of 1998 is amend- Tahoe region; and out within the boundaries of a transpor- ed— ‘(ii) may, in accordance with chapter 2 of tation management area under title 23 (ex- (1) in subsection (b)— title 23, be funded using funds allocated cluding projects carried out on the National (A) in paragraph (1) by striking subpara- under section 202 of title 23.’.’’; and Highway System and projects carried out graph (A) and inserting the following: (3) by adding at the end the following: under the bridge and interstate maintenance ‘‘(A) by striking ‘general local government ‘‘(f) TECHNICAL ADJUSTMENTS.—Section program) or under this chapter shall be se- representing’ and inserting ‘general purpose 5303(f) is amended— lected from the approved transportation im- local government that together represent’; ‘‘(1) in paragraph (1) (as amended by sub- provement program by the metropolitan and’’; section (e)(1) of this subsection)— planning organization designated for the (B) in paragraph (3) by striking ‘‘and’’ at ‘‘(A) in subparagraph (C) by striking ‘and’ area in consultation with the State and any the end; at the end; affected public transit operator. (C) in paragraph (4) by striking subpara- ‘‘(B) in subparagraph (D) by striking the ‘(B) Projects carried out within the bound- graph (A) and inserting the following: period at the end and inserting ‘; and’; aries of a transportation management area ‘‘(A) by striking ‘general local government ‘‘(C) by adding at the end the following: on the National Highway System and representing’ and inserting ‘general purpose ‘(E) the financial plan may include, for il- projects carried out within such boundaries local government that together represent’; lustrative purposes, additional projects that under the bridge program or the interstate and’’; would be included in the adopted long-range maintenance program shall be selected from (D) by redesignating paragraph (4) as para- plan if reasonable additional resources be- the approved transportation improvement graph (5); and yond those identified in the financial plan program by the State in cooperation with (E) by inserting after paragraph (3) the fol- were available, except that, for the purpose the metropolitan planning organization des- lowing: of developing the long-range plan, the metro- ignated for the area.’.’’. ‘‘(3) in paragraph (4)(A) by striking ‘(3)’ politan planning organization and the State (e) URBANIZED AREA FORMULA GRANTS.— and inserting ‘(5)’; and’’; shall cooperatively develop estimates of Section 3007 of the Federal Transit Act of (2) in subsection (d) by striking the closing funds that will be available to support plan 1998 is amended by adding at the end the fol- quotation marks and the final period at the implementation.’; and lowing: end and inserting the following: ‘‘(2) by adding at the end the following: ‘‘(h) TECHNICAL ADJUSTMENTS.— ‘(5) COORDINATION.—If a project is located ‘(6) SELECTION OF PROJECTS FROM ILLUS- ‘‘(1) GENERAL AUTHORITY.—Section 5307(b) within the boundaries of more than 1 metro- TRATIVE LIST.—Notwithstanding paragraph (as amended by subsection (c)(1)(B) of this politan planning organization, the metro- (1)(E), a State or metropolitan planning or- section) is amended by adding at the end the politan planning organizations shall coordi- ganization shall not be required to select any following: ‘The Secretary may make grants nate plans regarding the project. project from the illustrative list of addi- under this section from funds made available ‘(6) LAKE TAHOE REGION.— tional projects included in the financial plan for fiscal year 1998 to finance the operating ‘(A) DEFINITION.—In this paragraph, the under paragraph (1)(B).’.’’. costs of equipment and facilities for use in term ‘‘Lake Tahoe region’’ has the meaning (c) METROPOLITAN TRANSPORTATION IM- mass transportation in an urbanized area given the term ‘‘region’’ in subdivision (a) of PROVEMENT PROGRAM.—Section 3005 of the with a population of at least 200,000.’. article II of the Tahoe Regional Planning Federal Transit Act of 1998 is amended— ‘‘(2) REPORT.—Section 5307(k)(3) (as amend- Compact, as set forth in the first section of (1) in the section heading by inserting ed by subsection (f) of this section) is amend- Public Law 96–551 (94 Stat. 3234). ‘‘METROPOLITAN’’ before ‘‘TRANSPORTATION’’; ed by inserting ‘preceding’ before ‘fiscal ‘(B) TRANSPORTATION PLANNING PROCESS.— and year’.’’. The Secretary shall— (2) by adding at the end the following: (f) CLEAN FUELS FORMULA GRANT PRO- ‘(i) establish with the Federal land man- ‘‘(d) TECHNICAL ADJUSTMENTS.—Section GRAM.—Section 3008 of the Federal Transit agement agencies that have jurisdiction over 5304 is amended— Act of 1998 is amended by adding at the end land in the Lake Tahoe region a transpor- ‘‘(1) in subsection (a) (as amended by sub- the following: tation planning process for the region; and section (a) of this section)— ‘‘(c) TECHNICAL ADJUSTMENTS.—Section ‘(ii) coordinate the transportation plan- ‘‘(A) by striking ‘In cooperation with’ and 5308(e)(2) (as added by subsection (a) of this ning process with the planning process re- inserting the following: section) is amended by striking ‘$50,000,000’ quired of State and local governments under ‘(1) IN GENERAL.—In cooperation with’; and and inserting ‘35 percent’.’’. this chapter and sections 134 and 135 of title ‘‘(B) by adding at the end the following: (g) CAPITAL INVESTMENT GRANTS AND 23. ‘(2) FUNDING ESTIMATE.—For the purpose of LOANS.—Section 3009 of the Federal Transit ‘(C) INTERSTATE COMPACT.— developing the transportation improvement Act of 1998 is amended by adding at the end ‘(i) IN GENERAL.—Subject to clause (ii) and program, the metropolitan planning organi- the following: notwithstanding subsection (b), to carry out zation, public transit agency, and the State ‘‘(k) TECHNICAL ADJUSTMENTS.— the transportation planning process required shall cooperatively develop estimates of ‘‘(1) CRITERIA.—Section 5309(e) (as amended by this section, the consent of Congress is funds that are reasonably expected to be by subsection (e) of this section) is amend- granted to the States of California and Ne- available to support program implementa- ed— vada to designate a metropolitan planning tion.’; ‘‘(A) in paragraph (3)(C) by striking ‘urban’ organization for the Lake Tahoe region, by ‘‘(2) in subsection (b)(2)— and inserting ‘suburban’; agreement between the Governors of the ‘‘(A) in subparagraph (B) by striking ‘and’ ‘‘(B) in the second sentence of paragraph States of California and Nevada and units of at the end; and (6) by striking ‘or not’ and all that follows general purpose local government that to- ‘‘(B) in subparagraph (C) (as added by sub- through ‘, based’ and inserting ‘or ‘‘not rec- gether represent at least 75 percent of the af- section (b) of this section) by striking ‘strat- ommended’’, based’; and fected population (including the central city egies which may include’ and inserting the ‘‘(C) in the last sentence of paragraph (6) or cities (as defined by the Bureau of the following: ‘strategies; and by inserting ‘of the’ before ‘criteria estab- Census)), or in accordance with procedures ‘(D) may include’; and lished’. established by applicable State or local law. ‘‘(3) in subsection (c) by striking paragraph ‘‘(2) LETTERS OF INTENT AND FULL FUNDING ‘(ii) INVOLVEMENT OF FEDERAL LAND MAN- (4) (as amended by subsection (c) of this sec- GRANT AGREEMENTS.—Section 5309(g) (as AGEMENT AGENCIES.— tion) and inserting the following: amended by subsection (f) of this section) is ‘(I) REPRESENTATION.—The policy board of ‘(4) SELECTION OF PROJECTS FROM ILLUS- amended in paragraph (4) by striking ‘5338(a)’ a metropolitan planning organization des- TRATIVE LIST.— and all that follows through ‘2003’ and insert- ignated under clause (i) shall include a rep- ‘(A) IN GENERAL.—Notwithstanding sub- ing ‘5338(b) of this title for new fixed guide- resentative of each Federal land manage- section (b)(2)(D), a State or metropolitan way systems and extensions to existing fixed ment agency that has jurisdiction over land planning organization shall not be required guideway systems and the amount appro- in the Lake Tahoe region. to select any project from the illustrative priated under section 5338(h)(5) or an amount ‘(II) FUNDING.—In addition to funds made list of additional projects included in the fi- equivalent to the last 2 fiscal years of fund- available to the metropolitan planning orga- nancial plan under subsection (b)(2)(D). ing authorized under section 5338(b) for new nization under other provisions of this chap- ‘(B) ACTION BY SECRETARY.—Action by the fixed guideway systems and extensions to ex- ter and under title 23, not more than 1 per- Secretary shall be required for a State or isting fixed guideway systems’. cent of the funds allocated under section 202 metropolitan planning organization to select ‘‘(3) ALLOCATING AMOUNTS.—Section of title 23 may be used to carry out the any project from the illustrative list of addi- 5309(m) (as amended by subsection (g) of this transportation planning process for the Lake tional projects included in the plan under section) is amended— Tahoe region under this subparagraph. subsection (b)(2) for inclusion in an approved ‘‘(A) in paragraph (1) by inserting ‘(b)’ ‘(D) ACTIVITIES.—Highway projects in- transportation improvement plan.’.’’. after ‘5338’; cluded in transportation plans developed (d) TRANSPORTATION MANAGEMENT AREAS.— ‘‘(B) by striking paragraph (2) and insert- under this paragraph— Section 3006(d) of the Federal Transit Act of ing the following: ‘(i) shall be selected for funding in a man- 1998 is amended to read as follows: ‘(2) NEW FIXED GUIDEWAY GRANTS.— ner that facilitates the participation of the ‘‘(d) PROJECT SELECTION.—Section ‘(A) LIMITATION ON AMOUNTS AVAILABLE FOR Federal land management agencies that 5305(d)(1) is amended to read as follows: ACTIVITIES OTHER THAN FINAL DESIGN AND H12 CONGRESSIONAL RECORD — HOUSE June 3, 1998

CONSTRUCTION.—Not more than 8 percent of suant to 5505(i)(3)(B) of such title in fiscal (q) AUTHORIZATIONS.—Section 3029 of the the amounts made available in each fiscal year 2002 or 2003, the funds made available to Federal Transit Act of 1998 is amended by year by paragraph (1)(B) shall be available carry out this subsection shall be available adding at the end the following: for activities other than final design and to those institutions to carry out the activi- ‘‘(c) TECHNICAL ADJUSTMENTS.—Section construction. ties required pursuant to section 5505(i)(3)(B) 5338 (as amended by subsection (a) of this ‘(B) FUNDING FOR FERRY BOAT SYSTEMS.— of such title for that fiscal year.’’. section) is amended— ‘(i) AMOUNTS UNDER (1)(B).—Of the amounts (l) NATIONAL TRANSIT INSTITUTE.—Section ‘‘(1) in subsection (c)(2)(A)(i) by striking made available under paragraph (1)(B), 3017(a) of the Federal Transit Act of 1998 is ‘$43,200,000’ and inserting ‘$42,200,000’; $10,400,000 shall be available in each of fiscal amended to read as follows: ‘‘(2) in subsection (c)(2)(A)(ii) by striking years 1999 through 2003 for capital projects in ‘‘(a) IN GENERAL.—Section 5315 is amend- ‘$46,400,000’ and inserting ‘$48,400,000’; Alaska or Hawaii, for new fixed guideway ed— ‘‘(3) in subsection (c)(2)(A)(iii) by striking systems and extensions to existing fixed ‘‘(1) in the section heading by striking ‘$51,200,000’ and inserting ‘$50,200,000’; guideway systems that are ferry boats or ‘mass transportation and inserting ‘transit’; ‘‘(4) in subsection (c)(2)(A)(iv) by striking ferry terminal facilities, or that are ap- ‘‘(2) in subsection (a)— ‘$52,800,000’ and inserting ‘$53,800,000’; proaches to ferry terminal facilities. ‘‘(A) by striking ‘mass transportation’ in ‘‘(5) in subsection (c)(2)(A)(v) by striking ‘(ii) AMOUNTS UNDER 5338(H)(5).—Of the the first sentence and inserting ‘transit’; ‘$57,600,000’ and inserting ‘$58,600,000’; amounts appropriated under section ‘‘(B) in paragraph (5) by inserting ‘and ar- ‘‘(6) in subsection (d)(2)(C)(iii) by inserting 5338(h)(5), $3,600,000 shall be available in each chitectural design’ before the semicolon at before the semicolon ‘, including not more of fiscal years 1999 through 2003 for capital the end; than $1,000,000 shall be available to carry out projects in Alaska or Hawaii, for new fixed ‘‘(C) in paragraph (7) by striking ‘carrying section 5315(a)(16)’; guideway systems and extensions to existing out’ and inserting ‘delivering’; ‘‘(7) in subsection (e)— fixed guideway systems that are ferry boats ‘‘(D) in paragraph (11) by inserting ‘, con- ‘‘(A) by striking ‘5317(b)’ each place it ap- or ferry terminal facilities, or that are ap- struction management, insurance, and risk pears and inserting ‘5505’; proaches to ferry terminal facilities.’; management’ before the semicolon at the ‘‘(B) in paragraph (1) by striking ‘There ‘‘(C) by redesignating paragraph (4) as end; are’ and inserting ‘Subject to paragraph paragraph (3)(C); ‘‘(E) in paragraph (13) by striking ‘and’ at (2)(C), there are’; ‘‘(D) in paragraph (3) by adding at the end the end; ‘‘(C) in paragraph (2)— the following: ‘‘(F) in paragraph (14) by striking the pe- ‘‘(i) in subparagraph (A) by striking ‘There ‘(D) OTHER THAN URBANIZED AREAS.—Of riod at the end and inserting a semicolon; shall’ and inserting ‘Subject to subparagraph amounts made available by paragraph (1)(C), and (C), there shall’; not less than 5.5 percent shall be available in ‘‘(G) by adding at the end the following: ‘‘(ii) in subparagraph (B) by striking ‘In ad- each fiscal year for other than urbanized ‘(15) innovative finance; and dition’ and inserting ‘Subject to subpara- areas.’; ‘(16) workplace safety.’.’’. graph (C), in addition’; and ‘‘(E) by striking paragraph (5); and (m) PILOT PROGRAM.—Section 3021(a) of the ‘‘(iii) by adding at the end the following: Federal Transit Act of 1998 is amended by in- ‘‘(F) by inserting after paragraph (3) the ‘(C) FUNDING OF CENTERS.— following: serting ‘‘single-State’’ before ‘‘pilot pro- ‘(i) Of the amounts made available under ‘(4) ELIGIBILITY FOR ASSISTANCE FOR MUL- gram’’. subparagraph (A) and paragraph (1) for each (n) ARCHITECTURAL, ENGINEERING, AND DE- TIPLE PROJECTS.—A person applying for or re- fiscal year— SIGN CONTRACTS.—Section 3022 of the Federal ceiving assistance for a project described in ‘(I) $2,000,000 shall be available for the cen- Transit Act of 1998 is amended by adding at subparagraph (A), (B), or (C) of paragraph (1) ter identified in section 5505(j)(4)(A); and the end the following: may receive assistance for a project de- ‘(II) $2,000,000 shall be available for the cen- ‘‘(b) CONFORMING AMENDMENT.—Section scribed in any other of such subpara- 5325(b) (as redesignated by subsection (a)(2) ter identified in section 5505(j)(4)(F). graphs.’.’’. ‘(ii) For each of fiscal years 1998 through (h) REFERENCES TO FULL FUNDING GRANT of this section) is amended— ‘‘(1) by inserting ‘or requirement’ after ‘A 2001, of the amounts made available under AGREEMENTS.—Section 3009(h)(3) of the Fed- this paragraph and paragraph (1)— eral Transit Act of 1998 is amended— contract’; and ‘‘(2) by inserting before the last sentence ‘(I) $400,000 shall be available from (1) by striking ‘‘and’’ at the end of subpara- amounts made available under subparagraph graph (A)(ii); the following: ‘When awarding such con- tracts, recipients of assistance under this (A) of this paragraph and under paragraph (1) (2) by striking the period at the end of sub- for each of the centers identified in subpara- paragraph (B) and inserting a semicolon; and chapter shall maximize efficiencies of ad- ministration by accepting nondisputed au- graphs (E) and (F) of section 5505(j)(3); and (3) by adding at the end the following: ‘(II) $350,000 shall be available from ‘‘(C) in section 5328(a)(4) by striking ‘sec- dits conducted by other governmental agen- cies, as provided in subparagraphs (C) amounts made available under subparagraph tion 5309(m)(2) of this title’ and inserting (B) of this paragraph and under paragraph (1) ‘5309(o)(1)’; and through (F) of section 112(b)(2) of title 23.’.’’. (o) CONFORMING AMENDMENT.—Section 3027 for each of the centers identified in subpara- ‘‘(D) in section 5309(n)(2) by striking ‘in a graphs (E) and (F) of section 5505(j)(3). way’ and inserting ‘in a manner’.’’. of the Federal Transit Act of 1998 is amend- ed— ‘(iii) Any amounts made available under (i) DOLLAR VALUE OF MOBILITY IMPROVE- this paragraph or paragraph (1) for any fiscal MENTS.—Section 3010(b)(2) of the Federal (1) in subsection (c) by striking ‘‘600,000’’ each place it appears and inserting ‘‘900,000’’; year that remain after distribution under Transit Act of 1998 is amended by striking clauses (i) and (ii), shall be available for the ‘‘Secretary’’ and inserting ‘‘Comptroller and purposes identified in section 3015(d) of the General’’. (2) by adding at the end the following: Federal Transit Act of 1998.’; and (j) INTELLIGENT TRANSPORTATION SYSTEM ‘‘(d) CONFORMING AMENDMENT.—The item ‘‘(D) by adding at the end the following: APPLICATIONS.—Section 3012 of the Federal relating to section 5336 in the table of sec- Transit Act of 1998 is amended by moving tions for chapter 53 is amended by striking ‘(3) SPECIAL RULE.—Nothing in this sub- paragraph (3) of subsection (a) to the end of ‘block grants’ and inserting ‘formula section shall be construed to limit the trans- subsection (b) and by redesignating such grants’.’’. portation research conducted by the centers paragraph (3) as paragraph (4). (p) APPORTIONMENT FOR FIXED GUIDEWAY funded by this section.’; (k) ADVANCED TECHNOLOGY PILOT MODERNIZATION.—Section 3028 of the Federal ‘‘(8) in subsection (g)(2) by striking PROJECT.—Section 3015 of the Federal Tran- Transit Act of 1998 is amended by adding at ‘(c)(2)(B),’ and all that follows through sit Act of 1998 is amended— the end the following: ‘(f)(2)(B),’ and inserting ‘(c)(1), (c)(2)(B), (1) in subsection (c)(2) by adding at the end ‘‘(c) CONFORMING AMENDMENTS.—Section (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), the following: ‘‘Financial assistance made 5337(a) (as amended by subsection (a) of this (f)(2)(B),’; available under this subsection and projects section) is amended— ‘‘(9) in subsection (h) by inserting ‘under assisted with the assistance shall be subject ‘‘(1) in paragraph (2)(B) by striking ‘(e)’ the Transportation Discretionary Spending to section 5333(a) of title 49, United States and inserting ‘(e)(1)’; Guarantee for the Mass Transit Category’ Code.’’; and ‘‘(2) in paragraph (3)(D)— after ‘through (f)’; and (2) by adding at the end the following: ‘‘(A) by striking ‘(ii)’; and ‘‘(10) in subsection (h)(5) by striking sub- ‘‘(d) TRAINING AND CURRICULUM DEVELOP- ‘‘(B) by striking ‘(e)’ and inserting ‘(e)(1)’; paragraphs (A) through (E) and inserting the MENT.— ‘‘(3) in paragraph (4) by striking ‘(e)’ and following: ‘‘(1) IN GENERAL.—Any funds made avail- inserting ‘(e)(1)’; ‘(A) for fiscal year 1999 $400,000,000; able by section 5338(e)(2)(C)(iii) of title 49, ‘‘(4) in paragraph (5)(A) by striking ‘(e)’ ‘(B) for fiscal year 2000 $410,000,000; United States Code, shall be available in and inserting ‘(e)(2)’; ‘(C) for fiscal year 2001 $420,000,000; equal amounts for transportation research, ‘‘(5) in paragraph (5)(B) by striking ‘(e)’ ‘(D) for fiscal year 2002 $430,000,000; and training, and curriculum development at in- and inserting ‘(e)(2)’; ‘(E) for fiscal year 2003 $430,000,000;’.’’. stitutions identified in subparagraphs (E) ‘‘(6) in paragraph (6) by striking ‘(e)’ each (r) PROJECTS FOR FIXED GUIDEWAY SYS- and (F) of section 5505(j)(3) of such title. place it appears and inserting ‘(e)(2)’; and TEMS.—Section 3030 of the Federal Transit ‘‘(2) SPECIAL RULE.—If the institutions ‘‘(7) in paragraph (7) by striking ‘(e)’ each Act of 1998 is amended— identified in paragraph (1) are selected pur- place it appears and inserting ‘(e)(2)’.’’. (1) in subsection (a)— June 3, 1998 CONGRESSIONAL RECORD — HOUSE H13 (A) in paragraph (8) by inserting ‘‘North-’’ (xii) by striking clause (li) and inserting (3) in subsection (f)(2)— before ‘‘South’’; the following: (A) by striking ‘‘(including bicycling)’’; (B) in paragraph (42) by striking ‘‘Mary- ‘‘(li) Dallas-Ft. Worth RAILTRAN (Phase- and land’’ and inserting ‘‘Baltimore’’; II), $12,000,000.’’; (B) by inserting ‘‘(including bicycling)’’ (C) in paragraph (103) by striking (B) by striking the heading for subsection after ‘‘additional services’’; ‘‘busway’’ and inserting ‘‘Boulevard (c)(2) and inserting ‘‘ADDITIONAL AMOUNTS’’; (4) in subsection (h)(2)(B) by striking transitway’’; and ‘‘403(a)(5)(C)(ii)’’ and inserting (D) in paragraph (106) by inserting ‘‘CTA’’ (C) in paragraph (3) by inserting after the ‘‘403(a)(5)(C)(vi)’’; before ‘‘Douglas’’; first sentence the following: ‘‘The project (5) in the heading for subsection (l)(1)(C) by (E) by striking paragraph (108) and insert- shall also be exempted from all requirements striking ‘‘FROM THE GENERAL FUND’’; ing the following: relating to criteria for grants and loans for (6) in subsection (l)(1)(C) by inserting ‘‘(108) Greater Albuquerque Mass Transit fixed guideway systems under section 5309(e) ‘‘under the Transportation Discretionary Project.’’; and of such title and from regulations required Spending Guarantee for the Mass Transit (F) by adding at the end the following: under that section.’’. Category’’ after ‘‘(B)’’; and ‘‘(109) Hartford City Light Rail Connection (s) NEW JERSEY URBAN CORE PROJECT.— (7) in subsection (l)(3)(B) by striking ‘‘at Section 3030(e) of the Federal Transit Act of to Central Business District. least’’ and inserting ‘‘less than’’. 1998 is amended by adding at the end the fol- ‘‘(110) Providence–Boston Commuter Rail. (x) RURAL TRANSPORTATION ACCESSIBILITY lowing: ‘‘(111) New York–St. George’s Ferry Inter- INCENTIVE PROGRAM.—Section 3038 of the ‘‘(4) TECHNICAL ADJUSTMENT.—Section modal Terminal. Federal Transit Act of 1998 is amended— 3031(d) of the Intermodal Surface Transpor- (1) in subsection (a)(1)(A) by inserting be- ‘‘(112) New York–Midtown West Ferry Ter- tation Efficiency Act of 1991 (as amended by minal. fore the semicolon ‘‘or connecting 1 or more paragraph (3)(B) of this subsection) is amend- rural communities with an urban area not in ‘‘(113) Pinellas County–Mobility Initiative ed— Project. close proximity’’; ‘‘(A) by striking ‘of the West Shore Line’ (2) in subsection (g)(1)— ‘‘(114) Atlanta–MARTA Extension (S. and inserting ‘or the West Shore Line’; and DeKalb-Lindbergh).’’; (A) by inserting ‘‘over-the-road buses used ‘‘(B) by striking ‘directly connected to’ and substantially or exclusively in’’ after ‘‘opera- (2) in subsection (b)— all that follows through ‘Newark Inter- (A) by striking paragraph (2) and inserting tors of’’; and national Airport’ the first place it appears.’’. (B) by inserting at the end the following: the following: (t) BALTIMORE-WASHINGTON TRANSPOR- ‘‘Such sums shall remain available until ex- ‘‘(2) Sioux City–Light Rail.’’; TATION IMPROVEMENTS.—Section 3030 of the pended.’’; and (B) by striking paragraph (40) and inserting Federal Transit Act of 1998 is amended by (3) in subsection (g)(2)— the following: adding at the end the following: (A) by striking ‘‘each of’’; and ‘‘(40) Santa Fe–El Dorado Rail Link.’’; ‘‘(h) TECHNICAL ADJUSTMENT.—Section (C) by striking paragraph (44) and inserting 3035(nn) of the Intermodal Surface Transpor- (B) by adding at the end the following: the following: tation Efficiency Act of 1991 (105 Stat. 2134) ‘‘Such sums shall remain available until ex- ‘‘(44) Albuquerque–High Capacity Cor- (as amended by subsection (g)(1)(C) of this pended.’’. (y) STUDY OF TRANSIT NEEDS IN NATIONAL ridor.’’; section) is amended by inserting after ‘ex- PARKS AND RELATED PUBLIC LANDS.—Section (D) by striking paragraph (53) and insert- penditure of’ the following: ‘section 5309 3039(b) of the Federal Transit Act of 1998 is ing the following: funds to the aggregate expenditure of’.’’. amended— ‘‘(53) San Jacinto–Branch Line (Riverside (u) BUS PROJECTS.—Section 3031 of the Fed- (1) in paragraph (1) by striking ‘‘in order to County).’’; and eral Transit Act of 1998 is amended— carry’’ and inserting ‘‘assist in carrying’’; (E) by adding at the end the following: (1) in the table contained in subsection and ‘‘(69) Chicago–Northwest Rail Transit Cor- (a)— (2) by adding at the end the following: ridor. (A) by striking item 64; ‘‘(3) DEFINITION.—For purposes of this sub- ‘‘(70) Vermont–Burlington-Essex Com- (B) in item 69 by striking ‘‘Rensslear’’ each section, the term ‘Federal land management muter Rail.’’; and place it appears and inserting ‘‘Rensselaer’’; agencies’ means the National Park Service, (3) in subsection (c)— (C) in item 103 by striking ‘‘facilities and’’; the United States Fish and Wildlife Service, (A) in paragraph (1)(A)— and and the Bureau of Land Management.’’. (i) in the matter preceding clause (i) by in- (D) by striking item 150; (z) OBLIGATION CEILING.—Section 3040 of serting ‘‘(even if the project is not listed in (2) by striking the heading for subsection (b) and inserting ‘‘ADDITIONAL AMOUNTS’’; the Federal Transit Act of 1998 is amended— subsection (a) or (b))’’ before the colon; (1) by striking paragraph (2) and inserting (ii) by striking clause (ii) and inserting the (3) in subsection (b) by inserting after ‘‘2000’’ the first place it appears ‘‘with funds the following: following: ‘‘(2) $5,797,000,000 in fiscal year 2000;’’; and ‘‘(ii) San Diego Mission Valley and Mid- made available under section 5338(h)(6) of such title’’; and (2) in paragraph (4) by striking Coast Corridor, $325,000,000.’’; (4) in item 2 of the table contained in sub- ‘‘$6,746,000,000’’ and inserting ‘‘$6,747,000,000’’. (iii) by striking clause (v) and inserting the section (b) by striking ‘‘Rensslear’’ each SEC. 10. MOTOR CARRIER SAFETY TECHNICAL following: place it appears and inserting ‘‘Rensselaer’’. CORRECTION. ‘‘(v) Hartford City Light Rail Connection (v) CONTRACTING OUT STUDY.—Section 3032 Section 4011 of the Transportation Equity to Central Business District, $33,000,000.’’; of the Federal Transit Act of 1998 is amend- Act for the 21st Century is amended by add- (iv) by striking clause (xxiii) and inserting ed— ing at the end the following: the following: (1) in subsection (a) by striking ‘‘3’’ and in- ‘‘(h) TECHNICAL AMENDMENTS.—Section ‘‘(xxiii) Kansas City–I-35 Commuter Rail, serting ‘‘6’’; 31314 (as amended by subsection (g) of this $30,000,000.’’; (2) in subsection (d) by striking ‘‘the Mass section) is amended— (v) in clause (xxxii) by striking ‘‘Whitehall Transit Account of the Highway Trust ‘‘(1) in subsections (a) and (b) by striking Ferry Terminal’’ and inserting ‘‘Staten Is- Fund’’ and inserting ‘‘funds made available ‘(3), and (5)’ each place it appears and insert- land Ferry-Whitehall Intermodal Terminal’’; under section 5338(f)(2) of title 49, United ing ‘(3), and (4)’; and (vi) by striking clause (xxxv) and inserting States Code,’’; ‘‘(2) by striking subsection (d).’’. the following: (3) in subsection (d) by striking ‘‘1998’’ and SEC. 11. RESTORATIONS TO RESEARCH TITLE. ‘‘(xxxv) New York–Midtown West Ferry inserting ‘‘1999’’; and (a) UNIVERSITY TRANSPORTATION RESEARCH Terminal, $16,300,000.’’; (4) in subsection (e) by striking ‘‘sub- FUNDING.—Section 5001(a)(7) of the Transpor- (vii) in clause (xxxix) by striking ‘‘Alle- section (c)’’ and inserting ‘‘subsection (d)’’. tation Equity Act for the 21st Century is gheny County’’ and inserting ‘‘Pittsburgh’’; (w) JOB ACCESS AND REVERSE COMMUTE amended— (viii) by striking clause (xvi) and inserting GRANTS.—Section 3037 of the Federal Transit (1) by striking ‘‘$31,150,000’’ each place it the following: Act of 1998 is amended— appears and inserting ‘‘$25,650,000’’; ‘‘(xvi) Northeast Indianapolis Corridor, (1) in subsection (b)(4)(A)— (2) by striking ‘‘$32,750,000’’ each place it $10,000,000.’’; (A) by inserting ‘‘designated recipients appears and inserting ‘‘$27,250,000’’; and (ix) by striking clause (xxix) and inserting under section 5307(a)(2) of title 49, United (3) by striking ‘‘$32,000,000’’ each place it the following: States Code,’’ after ‘‘from among’’; and appears and inserting ‘‘$26,500,000’’. ‘‘(xxix) Greater Albuquerque Mass Transit (B) by inserting a comma after ‘‘and agen- (b) OBLIGATION CEILING.—Section 5002 of Project, $90,000,000.’’; cies’’; such Act is amended by striking (x) by striking clause (xliii) and inserting (2) in subsection (b)(4)(B)— ‘‘$403,150,000’’ and all that follows through the following: (A) by striking ‘‘at least’’ and inserting ‘‘$468,000,000’’ and inserting ‘‘$397,650,000 for ‘‘(xliii) Providence–Boston Commuter Rail, ‘‘less than’’; fiscal year 1998, $403,650,000 for fiscal year $10,000,000.’’; (B) by inserting ‘‘designated recipients 1999, $422,450,000 for fiscal year 2000, (xi) by striking clause (xlix) and inserting under section 5307(a)(2) of title 49, United $437,250,000 for fiscal year 2001, $447,500,000 for the following: States Code,’’ after ‘‘from among’’; and fiscal year 2002, and $462,500,000’’. ‘‘(xlix) SEATAC–Personal Rapid Transit, (C) by inserting ‘‘and agencies,’’ after ‘‘au- (c) USE OF FUNDS FOR ITS.—Section 5210 of $40,000,000.’’; and thorities’’; the Transportation Equity Act for the 21st H14 CONGRESSIONAL RECORD — HOUSE June 3, 1998 Century is amended by adding at the end the amended by subsection (a) of this section), is gree of disability during any applicable pre- following: amended by inserting after ‘Secretary’ the sumptive period specified in section 1112 or ‘‘(d) USE OF INNOVATIVE FINANCING.— following: ‘for the National Highway Traffic 1116 of this title.’. ‘‘(1) IN GENERAL.—The Secretary may use Safety Administration’.’’. ‘‘(2) The table of sections at the beginning up to 25 percent of the funds made available (b) CLEAN VESSEL ACT FUNDING.—Section of such chapter is amended by inserting after to carry out this subtitle to make available 7403 of such Act is amended— the item relating to section 1102 the follow- loans, lines of credit, and loan guarantees for (1) by inserting ‘‘(a) IN GENERAL.—’’ before ing new item: projects that are eligible for assistance ‘‘Section 4(b)’’; and ‘1103. Special provisions relating to claims under this subtitle and that have significant (2) by adding at the end the following: based upon effects of tobacco intelligent transportation system elements. ‘‘(b) TECHNICAL AMENDMENT.—Section products.’. ‘‘(2) CONSISTENCY WITH OTHER LAW.—Credit 4(b)(3)(B) of the 1950 Act (as amended by sub- ‘‘(b) EFFECTIVE DATE.—Section 1103 of title assistance described in paragraph (1) shall be section (a) of this section) is amended by 38, United States Code, as added by sub- made available in a manner consistent with striking ‘6404(d)’ and inserting ‘7404(d)’.’’. section (a), shall apply with respect to the Transportation Infrastructure Finance (c) BOATING INFRASTRUCTURE.—Section claims received by the Secretary of Veterans and Innovation Act of 1998.’’. 7404(b) of such Act is amended by striking Affairs after the date of the enactment of (d) UNIVERSITY TRANSPORTATION RE- ‘‘6402’’ and inserting ‘‘7402’’. this Act.’’. SEARCH.—Section 5110 of such Act is amended SEC. 13. TECHNICAL CORRECTIONS REGARDING (b) GI BILL EDUCATIONAL ASSISTANCE FOR by adding at the end the following: SUBTITLE A OF TITLE VIII. SURVIVORS AND DEPENDENTS OF VETERANS.— ‘‘(d) TECHNICAL ADJUSTMENTS.—Section (a) AMENDMENT TO OFFSETTING ADJUST- Subtitle B of title VIII of the Transportation 5505 of title 49, United States Code (as added MENT FOR DISCRETIONARY SPENDING LIMIT.— Equity Act for the 21st Century is amended by subsection (a) of this section), is amend- Section 8101(b) of the Transportation Equity by adding at the end the following new sec- ed— Act for the 21st Century is amended— tion: ‘‘(1) in subsection (g)(2) by striking ‘section (1) in paragraph (1) by striking ‘‘SEC. 8210. TWENTY PERCENT INCREASE IN 5506,’ and inserting ‘section 508 of title 23, ‘‘$25,173,000,000’’ and inserting RATES OF SURVIVORS AND DEPEND- United States Code,’; ‘‘$25,144,000,000’’; and ENTS EDUCATIONAL ASSISTANCE. ‘‘(2) in subsection (i)— (2) in paragraph (2) by striking ‘‘(a) SURVIVORS AND DEPENDENTS EDU- ‘‘(A) by inserting ‘Subject to section ‘‘$26,045,000,000’’ and inserting CATIONAL ASSISTANCE.—Section 3532 of title 5338(e):’ after ‘(i) NUMBER AND AMOUNT OF ‘‘$26,009,000,000’’. 38, United States Code, is amended— GRANTS.—’; and (b) AMENDMENTS FOR HIGHWAY CATEGORY.— ‘‘(1) in subsection (a)(1)— ‘‘(B) by striking ‘institutions’ each place it Section 8101 of the Transportation Equity ‘‘(A) by striking out ‘$404’ and inserting in appears and inserting ‘institutions or groups Act for the 21st Century is amended by add- lieu thereof ‘$485’; of institutions’; and ing at the end the following: ‘‘(B) by striking out ‘$304’ and inserting in ‘‘(3) in subsection (j)(4)(B) by striking ‘on ‘‘(f) TECHNICAL AMENDMENTS.—Section lieu thereof ‘$365’; and behalf of’ and all that follows before the pe- 250(c)(4)(C) of the Balanced Budget and ‘‘(C) by striking out ‘$202’ and inserting in riod and inserting ‘on behalf of a consortium Emergency Deficit Control Act of 1985 (as lieu thereof ‘$242’; which may also include West Virginia Uni- amended by subsection (c) of this Act) is ‘‘(2) in subsection (a)(2), by striking out versity Institute of Technology, the College amended— ‘$404’ and inserting in lieu thereof ‘$485’; of West Virginia, and Bluefield State Col- ‘‘(1) by striking ‘Century and’ and insert- ‘‘(3) in subsection (b), by striking out ‘$404’ lege’.’’. ing ‘Century or’; and inserting in lieu thereof ‘$485’; and (e) TECHNICAL CORRECTIONS.—Section 5115 ‘‘(2) by striking ‘as amended by this sec- ‘‘(4) in subsection (c)(2)— of such Act is amended— tion,’ and inserting ‘as amended by the ‘‘(A) by striking out ‘$327’ and inserting in (1) in subsection (a) by striking ‘‘Director’’ Transportation Equity Act for the 21st Cen- lieu thereof ‘$392’; and inserting ‘‘Director of the Bureau of tury,’; and ‘‘(B) by striking out ‘$245’ and inserting in Transportation Statistics’’; ‘‘(3) by adding at the end the following new lieu thereof ‘$294’; and (2) in subsection (b) by striking ‘‘Bureau’’ flush sentence: ‘‘(C) by striking out ‘$163’ and inserting in and inserting ‘‘Bureau of Transportation ‘Such term also refers to the Washington lieu thereof ‘$196’. Statistics,’’; and Metropolitan Transit Authority account (69- ‘‘(b) CORRESPONDENCE COURSE.—Section (3) in subsection (c) by striking ‘‘paragraph 1128-0-1-401) only for fiscal year 1999 only for 3534(b) of such title is amended by striking (1)’’ and inserting ‘‘subsection (a)’’. appropriations provided pursuant to author- out ‘$404’ and inserting in lieu thereof ‘$485’. (f) CORRECTIONS TO CERTAIN OKLAHOMA izations contained in section 14 of Public ‘‘(c) SPECIAL RESTORATIVE TRAINING.—Sec- PROJECTS.—Section 5116 of such Act is Law 96–184 and Public Law 101–551.’.’’. tion 3542(a) of such title is amended— amended— (c) TECHNICAL AMENDMENT.—Section 8102 of ‘‘(1) by striking out ‘$404’ and inserting in (1) in subsection (e)(2) by striking the Transportation Equity Act for the 21st lieu thereof ‘$485’; ‘‘$1,000,000 for fiscal year 1999, $1,000,000 for Century is amended by inserting before the ‘‘(2) by striking out ‘$127’ each place it ap- fiscal year 2000, and $500,000 for fiscal year period at the end the following: ‘‘or from sec- pears and inserting in lieu thereof ‘$152’; and 2001’’ and inserting ‘‘$1,000,000 for fiscal year tion 1102 of this Act’’. ‘‘(3) by striking out ‘$13.46’ and inserting in 1999, $1,000,000 for fiscal year 2000, $1,000,000 SEC. 14. CORRECTIONS TO VETERANS SUBTITLE. lieu thereof ‘$16.16’. ‘‘(d) APPRENTICESHIP TRAINING.—Section for fiscal year 2001, and $500,000 for fiscal (a) TOBACCO-RELATED ILLNESSES IN VETER- 3687(b)(2) of such title is amended— year 2002’’; and ANS.—Section 8202 of the Transportation Eq- ‘‘(1) by striking out ‘$294’ and inserting in (2) in subsection (f)(2) by striking uity Act for the 21st Century is amended to lieu thereof ‘$353’; ‘‘$1,000,000 for fiscal year 1999, $1,000,000 for read as follows (and the amendments made ‘‘(2) by striking out ‘$220’ and inserting in fiscal year 2000, $1,000,000 for fiscal year 2001, by that section as originally enacted shall be lieu thereof ‘$264’; and $500,000 for fiscal year 2002’’ and insert- treated for all purposes as not having been ‘‘(3) by striking out ‘$146’ and inserting in ing ‘‘$1,000,000 for fiscal year 1999, $1,000,000 made): for fiscal year 2000, and $500,000 for fiscal lieu thereof ‘$175’; and ‘‘SEC. 8202. TREATMENT OF TOBACCO-RELATED ‘‘(4) by striking out ‘$73’ and inserting in year 2001’’. ILLNESSES OF VETERANS. (g) INTELLIGENT TRANSPORTATION INFRA- lieu thereof ‘$88’. ‘‘(a) IN GENERAL.—(1) Chapter 11 of title 38, STRUCTURE REFERENCE.—Section ‘‘(e) EFFECTIVE DATE.—The amendments United States Code, is amended by inserting made by this section shall take effect on Oc- 5117(b)(3)(B)(ii) of such Act is amended by after section 1102 the following new section: striking ‘‘local departments of transpor- tober 1, 1998, and shall apply with respect to tation’’ and inserting ‘‘the Department of ‘§ 1103. Special provisions relating to claims educational assistance allowances paid for Transportation’’. based upon effects of tobacco products months after September 1998.’’. (h) FUNDAMENTAL PROPERTIES OF ASPHALTS ‘(a) Notwithstanding any other provision SEC. 15. TECHNICAL CORRECTIONS REGARDING AND MODIFIED ASPHALTS.—Section of law, a veteran’s disability or death shall TITLE IX. 5117(b)(5)(B) of such Act is amended— not be considered to have resulted from per- (a) HIGHWAY TRUST FUND.—Subsection (f) (1) by striking ‘‘1999’’ and inserting ‘‘1998’’; sonal injury suffered or disease contracted in of section 9002 of the Transportation Equity and the line of duty in the active military, naval, Act for the 21st Century is amended by add- (2) by striking ‘‘$3,000,000 per fiscal year’’ or air service for purposes of this title on the ing at the end the following new paragraphs: and inserting ‘‘$1,000,000 for fiscal year 1998 basis that it resulted from injury or disease ‘‘(4) The last sentence of section 9503(c)(1), and $3,000,000 for each of fiscal years 1999 attributable to the use of tobacco products as amended by subsection (d), is amended by through 2003’’. by the veteran during the veteran’s service. striking ‘the date of enactment of the Trans- SEC. 12. AUTOMOBILE SAFETY AND INFORMA- ‘(b) Nothing in subsection (a) shall be con- portation Equity Act for the 21st Century’ TION. strued as precluding the establishment of and inserting ‘the date of the enactment of (a) REFERENCE.—Section 7104 of the Trans- service connection for disability or death the TEA 21 Restoration Act’. portation Equity Act for the 21st Century is from a disease or injury which is otherwise ‘‘(5) Paragraph (3) of section 9503(e), as amended by adding at the end the following: shown to have been incurred or aggravated amended by subsection (d), is amended by ‘‘(c) CONFORMING AMENDMENT.—Section in active military, naval, or air service or striking ‘the date of enactment of the Trans- 30105(a) of title 49, United States Code (as which became manifest to the requisite de- portation Equity Act for the 21st Century’ June 3, 1998 CONGRESSIONAL RECORD — HOUSE H15 and inserting ‘the date of the enactment of JOHN F. KENNEDY CENTER FOR erations, maintenance, security, and the TEA 21 Restoration Act’.’’. THE PERFORMING ARTS AU- capital improvements and repair of the (b) BOAT SAFETY ACCOUNT AND SPORT FISH THORIZATION ACT OF 1998 facility through the year 2003. In addi- RESTORATION ACCOUNT.—Section 9005 of the tion, the bill provides further criteria Transportation Equity Act for the 21st Cen- Mr. KIM. Mr. Speaker, I move to sus- tury is amended by adding at the end the fol- pend the rules and pass the bill (H.R. for defining capital repair and oper- lowing new subsection: 3504) to amend the John F. Kennedy ation and maintenance. ‘‘(f) CLERICAL AMENDMENTS.— Center Act to authorize appropriations The bill provides authorization of $59 ‘‘(1) Subparagraph (A) of section 9504(b)(2), for the John F. Kennedy Center for the million for operations, maintenance, as amended by subsection (b)(1), is amended Performing Arts and to further define security; and $87 million for capital im- by striking ‘the date of the enactment of the the criteria for capital repair and oper- provements. Transportation Equity Act for the 21st Cen- Initially the bill provided for an 11- tury’ and inserting ‘the date of the enact- ation and maintenance. The Clerk read as follows: year authorization. However, it was ment of the TEA 21 Restoration Act’. amended in committee to limit the au- ‘‘(2) Subparagraph (B) of section 9504(b)(2), H.R. 3504 as added by subsection (b)(3), is amended by thorization of appropriations to a 5- Be it enacted by the Senate and House of Rep- year period, and further to eliminate striking ‘such Act’ and inserting ‘the TEA 21 resentatives of the United States of America in Restoration Act’. Congress assembled, the requirement for the General Ac- ‘‘(3) Subparagraph (C) of section 9504(b)(2), counting Office to conduct periodic au- SECTION 1. SHORT TITLE. as amended by subsection (b)(2) and redesig- This Act may be cited as the ‘‘John F. Ken- dits of the financial operations of the nated by subsection (b)(3), is amended by nedy Center for the Performing Arts Authoriza- Center. Why? Because the Center per- striking ‘the date of the enactment of the tion Act of 1998’’. forms annual audits which fulfill en- Transportation Equity Act for the 21st Cen- tirely the original statutory mandates tury’ and inserting ‘the date of the enact- SEC. 2. CAPITAL REPAIR DUTIES. ment of the TEA 21 Restoration Act’. Section 4(a)(1)(G) of the John F. Kennedy anyway. ‘‘(4) Subsection (c) of section 9504, as Center Act (20 U.S.C. 76j(a)(1)(G)) is amended to Mr. Speaker, the John F. Kennedy amended by subsection (c)(2), is amended by read as follows: Center for the Performing Arts is a na- striking ‘the date of enactment of the Trans- ‘‘(G) with respect to the building and site of tional Presidential monument and a portation Equity Act for the 21st Century’ the John F. Kennedy Center for the Performing living memorial. H.R. 3504 ensures that and inserting ‘the date of the enactment of Arts, plan, design, and construct each capital the Center remains a living memorial the TEA 21 Restoration Act’.’’. repair, replacement, improvement, rehabilita- tion, alteration, or modification necessary to to the late President. SEC. 16. EFFECTIVE DATE. maintain the functionality of the building and When Congress designated the Na- This Act and the amendments made by site at current standards of life, safety, security, tional Cultural Center as the John F. this Act shall take effect simultaneously and accessibility;’’. Kennedy Center for the Performing with the enactment of the Transportation Arts in 1964, it set a policy of the pres- Equity Act for the 21st Century. For pur- SEC. 3. OPERATION AND MAINTENANCE DUTIES. poses of all Federal laws, the amendments Section 4(a)(1)(H)(ii) of the John F. Kennedy entation of classical and contemporary made by this Act shall be treated as being Center Act (20 U.S.C. 76j(a)(1)(H)(ii)) is amend- music, opera, drama, dance and other included in the Transportation Equity Act ed to read as follows: performing arts from the United States for the 21st Century at the time of the enact- ‘‘(ii) with respect to the building and site of and other countries. ment of such Act, and the provisions of such the John F. Kennedy Center for the Performing The act directed the board of trustees Act (including the amendments made by Arts, all necessary maintenance, repair, and al- to promote and maintain the Kennedy such Act) (as in effect on the day before the teration of, and all janitorial, security, and other services and equipment necessary for the Center as the National Center for Per- date of enactment of this Act) that are forming Arts by developing a leader- amended by this Act shall be treated as not operations of, the building and site, in a manner being enacted. consistent with requirements for high quality ship role in national performing arts operations; and’’. education policy and programs, includ- The SPEAKER pro tempore. Without SEC. 4. REPEAL OF AUDIT REQUIREMENT. ing developing and presenting original objection, the bill is passed. Section 6 of the John F. Kennedy Center Act and innovative performing arts and There was no objection. (20 U.S.C. 76l) is amended by striking subsection educational programs for children, A motion to reconsider was laid on (d) and redesignating subsections (e) and (f) as youth, families, adults and educators. the table. subsections (d) and (e), respectively. The Kennedy Center was also charged f SEC. 5. AUTHORIZATION OF APPROPRIATIONS. with the responsibility of initiating, Section 12 of the John F. Kennedy Center Act developing and maintaining a program GENERAL LEAVE (20 U.S.C. 76r) is amended by striking sub- for national and community outreach sections (a) and (b) and inserting the following: Mr. SHUSTER. Mr. Speaker, I ask ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— for the arts. These responsibilities are unanimous consent that all Members There are authorized to be appropriated to the in addition to the responsibility of may have 5 legislative days within Board to carry out section 4(a)(1)(H)— maintaining a memorial to President which to revise and extend their re- ‘‘(1) $13,000,000 for fiscal year 1999; Kennedy. marks and include extraneous material ‘‘(2) $14,000,000 for each of fiscal years 2000 I am pleased to say the board has and 2001; and achieved these objectives through suc- on H.R. 3978, the bill just passed. ‘‘(3) $15,000,000 for each of fiscal years 2002 The SPEAKER pro tempore. Is there cessful fund-raising to support the per- and 2003. forming arts and the prudent expendi- objection to the request of the gen- ‘‘(b) CAPITAL PROJECTS.—There are author- tleman from Pennsylvania? ized to be appropriated to the Board to carry ture of Federal funds to operate, main- There was no objection. out subparagraphs (F) and (G) of section tain and improve the building. The leg- 4(a)(1)— islation before us today will continue f ‘‘(1) $20,000,000 for each of fiscal years 1999, the work begun in 1991 to upgrade, im- 2000, and 2001; prove and maintain the 1.5 million ANNOUNCEMENT BY THE SPEAKER ‘‘(2) $19,000,000 for fiscal year 2002; and square foot facility. PRO TEMPORE ‘‘(3) $17,000,000 for fiscal year 2003.’’. Since its opening in 1971, the facility The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- has exceeded all expectations in visitor ant to the provisions of clause 5 of rule ant to the rule, the gentleman from attendance. Today the Kennedy Center I, the Chair announces that he will California (Mr. KIM) and the gentleman attracts 3.5 million visitors annually. postpone further proceedings today on from Ohio (Mr. TRAFICANT) each will This is in addition to the 1.7 million each motion to suspend the rules on control 20 minutes. children who attend the 2,800 perform- which a recorded vote or the yeas and The Chair recognizes the gentleman ances held annually at the Center. nays are ordered, or on which the vote from California (Mr. KIM). The building is a blend of modern ar- is objected to under clause 4 of rule Mr. KIM. Mr. Speaker, I yield myself chitecture and functional require- XV. such time as I may consume. ments. This 1.5 million square foot Such rollcall votes, if postponed, will Mr. Speaker, H.R. 3504, as amended, structure houses 8 theaters, 3 res- be taken after debate has concluded on the John F. Kennedy Center for the taurants, 3 foyers, parking for 1,450 ve- all motions to suspend the rules but Performing Arts Authorization Act of hicles, and 23 elevators, 6 escalators, not before 5 p.m. today. 1998, authorizes appropriations for op- office space, rehearsal rooms, and 2,000