September 20, 1995 CONGRESSIONAL RECORD — HOUSE H 9309 are 67 percent effective in preventing brain in- The vote was taken by electronic de- Morella Rogers Tanner vice, and there were—yeas 419, nays 7, Murtha Rohrabacher Tate jury, exactly the type of injury that needs ex- Myers Ros-Lehtinen Tauzin pensive, long-term care. not voting 8, as follows: Myrick Rose Taylor (MS) Nadler Roth Most riders who incur these injuries are [Roll No. 679] Tejeda young people. That means the long-term care Neal Roybal-Allard Thomas Nethercutt Royce for such riders who incur severe injuries can YEAS—419 Thompson Neumann Rush Thornberry Abercrombie DeLay Horn last for 20, 30, or even 40 years. And, in most Ney Sabo Thornton Ackerman Deutsch Hostettler Norwood Salmon Thurman cases, public sources, such as Medicaid, will Allard Diaz-Balart Houghton Nussle Sanders Tiahrt be paying the bills. Andrews Dickey Hoyer Oberstar Sanford This body is currently considering reforming Archer Dicks Hunter Torkildsen Obey Sawyer Torres the Medicaid Program. If we care about con- Armey Dingell Hutchinson Olver Saxton Bachus Dixon Hyde Torricelli trolling costs, we must care about preventing Ortiz Scarborough Towns Baesler Doggett Inglis Owens Schaefer Traficant the lessening the severity of injuries in motor- Baker (CA) Dooley Istook Oxley Schiff Upton cycle crashes. Baker (LA) Doolittle Jackson-Lee Packard Schroeder Vela´ zquez Baldacci Dornan Jefferson Pallone Schumer The best way to do that is to encourage Vento Ballenger Doyle Johnson (CT) Parker Scott States to require all riders to wear helmets. Visclosky Barcia Dreier Johnson (SD) Pastor Seastrand Current law does not force States to pass hel- Barr Duncan Johnson, E. B. Paxon Sensenbrenner Vucanovich met laws. If they choose not to, a small por- Barrett (NE) Dunn Johnson, Sam Payne (NJ) Serrano Waldholtz tion of certain highway funds is directed to Barrett (WI) Durbin Jones Payne (VA) Shadegg Walker Bartlett Edwards Kanjorski Walsh safety programs. Pelosi Shaw Barton Ehlers Kaptur Peterson (FL) Shays Wamp This is a reasonable approach that over Bass Ehrlich Kasich Peterson (MN) Shuster Ward time saves taxpayers millions of dollars. Bateman Emerson Kelly Petri Skaggs Watt (NC) I urge a ``yes'' vote on the amendment. Becerra Engel Kennedy (RI) Pickett Skeen Watts (OK) The CHAIRMAN. The question is on Bentsen English Kennelly Pombo Skelton Waxman Bereuter Ensign Kildee Pomeroy Slaughter Weldon (FL) amendment offered by the gentleman Berman Eshoo Kim Porter Smith (MI) Weldon (PA) from Kentucky [Mr. WARD]. Bevill Evans King Portman Smith (NJ) Weller The amendment was rejected. Bilbray Everett Kingston Poshard Smith (TX) White The CHAIRMAN. Are there further Bilirakis Ewing Kleczka Pryce Smith (WA) Whitfield Bishop Farr Klink Quillen Solomon Wicker amendments? Bliley Fattah Klug Quinn Souder Williams If not, the question is on the amend- Blute Fawell Knollenberg Radanovich Spence Wilson ment in the nature of a substitute, as Boehlert Fazio Kolbe Rahall Spratt Wise amended. Boehner Fields (LA) LaFalce Ramstad Stark Wolf Bonilla Fields (TX) LaHood Rangel Stearns Woolsey The amendment in the nature of a Bonior Filner Lantos Reed Stenholm Wyden substitute, as amended, was agreed to. Bono Flake Largent Regula Stockman Wynn The CHAIRMAN. Under the rule, the Borski Flanagan Latham Richardson Stokes Yates Committee rises. Boucher Foglietta LaTourette Riggs Studds Young (AK) Brewster Foley Laughlin Rivers Stump Young (FL) Accordingly the Committee rose; and Browder Forbes Lazio Roberts Stupak Zeliff the Speaker pro tempore (Mr. DIAZ- Brown (CA) Ford Leach Roemer Talent Zimmer BALART) having assumed the chair, Mr. Brown (FL) Fowler Levin Brown (OH) Fox Lewis (CA) NAYS—7 HANSEN, Chairman of the Committee of Brownback Frank (MA) Lewis (GA) Beilenson Jacobs Waters the Whole House on the State of the Bryant (TN) Franks (CT) Lewis (KY) Dellums Johnston Union, reported that that Committee, Bryant (TX) Franks (NJ) Lightfoot Gibbons Orton having had under consideration the bill Bunn Frelinghuysen Lincoln Bunning Frisa Linder NOT VOTING—8 (H.R. 2274) to amend title 23, United Burr Frost Lipinski Kennedy (MA) Roukema Tucker Burton Funderburk Livingston States Code, to designate the National Moakley Sisisky Buyer Furse LoBiondo Volkmer Highway System, and for other pur- Reynolds Taylor (NC) Callahan Gallegly Lofgren poses, pursuant to House Resolution Calvert Ganske Longley b 1753 224, he reported the bill back to the Camp Gejdenson Lowey House with an amendment adopted by Canady Gekas Lucas Mr. GIBBONS changed his vote from Cardin Gephardt Luther ‘‘yea’’ to ‘‘nay.’’ the Committee of the Whole. Castle Geren Maloney The SPEAKER pro tempore. Under Chabot Gilchrest Manton Messrs. BACHUS, FATTAH, and the rule, the previous question is or- Chambliss Gillmor Manzullo FOGLIETTA changed their vote from dered. Chapman Gilman Markey ‘‘nay’’ to ‘‘yea.’’ Is a separate vote demanded on any Chenoweth Gonzalez Martinez Christensen Goodlatte Martini So the bill was passed. amendment to the amendment in the Chrysler Goodling Mascara The result of the vote was announced nature of a substitute adopted by the Clay Gordon Matsui as recorded. Committee of the Whole? If not, the Clayton Goss McCarthy A motion to reconsider was laid on Clement Graham McCollum question is on the amendment. Clinger Green McCrery the table. The amendment was agreed to. Clyburn Greenwood McDade f The SPEAKER pro tempore. The Coble Gunderson McDermott question is on the engrossment and Coburn Gutierrez McHale GENERAL LEAVE Coleman Gutknecht McHugh third reading of the bill. Collins (GA) Hall (OH) McInnis Mr. SHUSTER. Mr. Speaker, I ask The bill was ordered to be engrossed Collins (IL) Hall (TX) McIntosh unanimous consent that all Members and read a third time, and was read the Collins (MI) Hamilton McKeon have 5 legislative days in which to re- third time. Combest Hancock McKinney Condit Hansen McNulty vise and extend their remarks on H.R. The SPEAKER pro tempore. The Conyers Harman Meehan 2274, the bill just passed. question is on the passage of the bill. Cooley Hastert Meek The SPEAKER pro tempore (Mr. The question was taken; and the Costello Hastings (FL) Menendez Speaker pro tempore announced that Cox Hastings (WA) Metcalf TORKILDSEN). Is there objection to the the ayes appeared to have it. Coyne Hayes Meyers request of the gentleman from Penn- Cramer Hayworth Mfume sylvania? Mr. SHUSTER. Mr. Speaker, I object Crane Hefley Mica to the vote on the ground that a Crapo Hefner Miller (CA) There was no objection. quorum is not present and make the Cremeans Heineman Miller (FL) f Cubin Herger Mineta point of order that a quorum is not Cunningham Hilleary Minge NATIONAL HIGHWAY SYSTEM present. Danner Hilliard Mink The SPEAKER pro tempore. Evi- Davis Hinchey Molinari DESIGNATION ACT OF 1995 dently a quorum is not present. de la Garza Hobson Mollohan Mr. SHUSTER. Mr. Speaker, I ask Deal Hoekstra Montgomery The Sergeant at Arms will notify ab- DeFazio Hoke Moorhead unanimous consent to take from the sent Members. DeLauro Holden Moran Speaker’s table the Senate bill (S. 440)VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 H 9310 CONGRESSIONAL RECORD — HOUSE September 20, 1995 to amend title 23, United States Code, Sec. 131. Rural access projects. TITLE I—HIGHWAY PROVISIONS Sec. 132. Inclusion of high priority corridors. to provide for the designation of the SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNA- National Highway System, and for Sec. 133. Sense of the Senate regarding the TION. Federal-State funding relation- (a) IN GENERAL.—Section 103 of title 23, other purposes, and ask for its imme- ship for transportation. United States Code, is amended by inserting diate consideration in the House. Sec. 134. Quality through competition. The Clerk read the title of the Senate Sec. 135. Federal share for economic growth after subsection (b) the following: bill. center development highways. ‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNA- The SPEAKER pro tempore. Is there Sec. 136. Vehicle weight and longer com- TION.— objection to the request of the gen- bination vehicles exemption for ‘‘(1) DESIGNATION.—The most recent Na- Sioux City, Iowa. tional Highway System (as of the date of en- tleman from Pennsylvania? actment of this Act) as submitted by the There was no objection. Sec. 137. Revision of authority for conges- tion relief project in California. Secretary of Transportation pursuant to this The Clerk read the Senate bill, as fol- Sec. 138. Applicability of certain vehicle section is designated as the National High- lows: weight limitations in Wiscon- way System. S. 440 sin. ‘‘(2) MODIFICATIONS.— Be it enacted by the Senate and House of Rep- Sec. 139. Prohibition on new highway dem- ‘‘(A) IN GENERAL.—At the request of a resentatives of the United States of America in onstration projects. State, the Secretary may— Congress assembled, Sec. 140. Treatment of Centennial Bridge, ‘‘(i) add a new route segment to the Na- tional Highway System, including a new SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Rock Island, Illinois, agree- ment. intermodal connection; or (a) SHORT TITLE.—This Act may be cited as Sec. 141. Moratorium on certain emissions ‘‘(ii) delete a route segment in existence on the ‘‘National Highway System Designation the date of the request and any connection Act of 1995’’. testing requirements. Sec. 142. Elimination of penalties for non- to the route segment; (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: compliance with motorcycle if the total mileage of the National Highway Sec. 1. Short title; table of contents. helmet use requirement. System (including any route segment or con- Sec. 143. Clarification of Eligibility. nection proposed to be added under this sub- TITLE I—HIGHWAY PROVISIONS Sec. 144. Toll roads, bridges, tunnels, non- paragraph) does not exceed 165,000 miles Sec. 101. National Highway System designa- toll roads that have a dedicated (265,542 kilometers). tion. revenue source, and ferries. ‘‘(B) PROCEDURES FOR CHANGES REQUESTED Sec. 102. Eligible projects for the National Sec. 145. Transfer of funds between certain BY STATES.—Each State that makes a re- Highway System. demonstration projects in Lou- quest for a change in the National Highway Sec. 103. Transferability of apportionments. isiana. System pursuant to subparagraph (A) shall Sec. 104. Design criteria for the National Sec. 146. Northwest Arkansas regional air- establish that each change in a route seg- Highway System. port connector. ment or connection referred to in the sub- Sec. 105. Applicability of transportation Sec. 147. Intercity rail infrastructure invest- paragraph has been identified by the State, conformity requirements. ment. in cooperation with local officials, pursuant Sec. 106. Use of recycled paving material. Sec. 148. Operation of motor vehicles by in- to applicable transportation planning activi- Sec. 107. Limitation on advance construc- toxicated minors. ties for metropolitan areas carried out under tion. Sec. 149. Contingent commitments. section 134 and statewide planning processes Sec. 108. Preventive maintenance. Sec. 150. Availability of certain funds for carried out under section 135. Sec. 109. Eligibility of bond and other debt Boston-to-Portland rail cor- ‘‘(3) APPROVAL BY THE SECRETARY.—The instrument financing for reim- ridor. Secretary may approve a request made by a bursement as construction ex- Sec. 151. Revision of authority of multiyear State for a change in the National Highway penses. contracts. System pursuant to paragraph (2) if the Sec- Sec. 110. Federal share for highways, Sec. 152. Feasibility study of evacuation retary determines that the change— bridges, and tunnels. routes for Louisiana coastal ‘‘(A) meets the criteria established for the Sec. 111. Applicability of certain require- areas. National Highway System under this title; ments to third party sellers. Sec. 153. 34th Street corridor project in and Sec. 112. Streamlining for transportation en- Moorhead, Minnesota. ‘‘(B) enhances the national transportation hancement projects. Sec. 154. Safety belt use law requirements characteristics of the National Highway Sys- Sec. 113. Non-Federal share for certain toll for New Hampshire and Maine. tem.’’. bridge projects. Sec. 155. Report on accelerated vehicle re- (b) ROUTE SEGMENTS IN WYOMING.— Sec. 114. Congestion mitigation and air qual- tirement programs. (1) IN GENERAL.—The Secretary of Trans- ity improvement program. Sec. 156. Intercity rail infrastructure invest- portation shall cooperate with the State of Sec. 115. Limitation of national maximum ment from Mass Transit Ac- Wyoming in monitoring the changes in speed limit to certain commer- count of Highway Trust Fund. growth along, and traffic patterns of, the cial motor vehicles. Sec. 157. Moratorium. route segments in Wyoming described in Sec. 116. Federal share for bicycle transpor- TITLE II—NATIONAL CAPITAL REGION paragraph (2), for the purpose of future con- tation facilities and pedestrian INTERSTATE TRANSPORTATION AU- sideration of the addition of the route seg- walkways. THORITY ments to the National Highway System in Sec. 117. Suspension of management sys- Sec. 201. Short title. accordance with paragraphs (2) and (3) of sec- tems. Sec. 202. Findings. tion 103(c) of title 23, United States Code (as Sec. 118. Intelligent transportation systems. Sec. 203. Purposes. added by subsection (a)). Sec. 119. Donations of funds, materials, or Sec. 204. Definitions. (2) ROUTE SEGMENTS.—The route segments services for federally assisted Sec. 205. Establishment of Authority. referred to in paragraph (1) are— activities. Sec. 206. Government of Authority. (A) United States Route 191 from Rock Sec. 120. Metric conversion of traffic control Sec. 207. Ownership of Bridge. Springs to Hoback Junction; signs. Sec. 208. Capital improvements and con- (B) United States Route 16 from Worland Sec. 121. Identification of high priority cor- struction. to Interstate Route 90; and ridors. Sec. 209. Additional powers and responsibil- Sec. 122. Revision of authority for innova- (C) Wyoming Route 59 from Douglas to Gil- ities of Authority. tive project in Florida. lette. Sec. 210. Funding. Sec. 123. Revision of authority for priority SEC. 102. ELIGIBLE PROJECTS FOR THE NA- Sec. 211. Availability of prior authoriza- intermodal project in Califor- TIONAL HIGHWAY SYSTEM. tions. nia. (a) IN GENERAL.—Section 103(i) of title 23, Sec. 124. National recreational trails fund- TITLE III—FEDERAL HIGHWAY AND United States Code, is amended— ing program. RAILROAD GRADE CROSSING SAFETY (1) by striking paragraph (8) and inserting Sec. 125. Intermodal facility in New York. Sec. 301. Short title. the following: Sec. 126. Clarification of eligibility. Sec. 302. Intelligent vehicle-highway sys- ‘‘(8) Capital and operating costs for traffic Sec. 127. Bristol, Rhode Island, street mark- tems. monitoring, management, and control facili- ing. Sec. 303. State highway safety management ties and programs.’’; and Sec. 128. Public use of rest areas. systems. (2) by adding at the end the following: Sec. 129. Collection of tolls to finance cer- Sec. 304. Violation of grade-crossing laws ‘‘(14) Construction, reconstruction, resur- tain environmental projects in and regulations. facing, restoration, and rehabilitation of, Florida. Sec. 305. Safety enforcement. and operational improvements for, public Sec. 130. Hours of service of drivers of Sec. 306. Crossing elimination; statewide highways connecting the National Highway ground water well drilling rigs. crossing freeze. System to—VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 September 20, 1995 CONGRESSIONAL RECORD — HOUSE H 9311 ‘‘(A) ports, airports, and rail, truck, and ‘‘(2) ensure safe use of the facility; and (2) in subsection (e), by striking paragraph other intermodal freight transportation fa- ‘‘(3) comply with subsection (a).’’. (1) and inserting the following: cilities; and SEC. 105. APPLICABILITY OF TRANSPORTATION ‘‘(1) the term ‘asphalt pavement containing ‘‘(B) public transportation facilities. CONFORMITY REQUIREMENTS. recycled rubber’ means any mixture of as- ‘‘(15) Construction of, and operational im- (a) HIGHWAY CONSTRUCTION.—Section 109(j) phalt and crumb rubber derived from whole provements for, the Alameda Transportation of title 23, United States Code, is amended by scrap tires, such that the physical properties Corridor along Alameda Street from the en- striking ‘‘plan for the implementation of any of the asphalt are modified through the mix- trance to the ports of Los Angeles and Long ambient air quality standard for any air ture, for use in pavement maintenance, reha- Beach to Interstate 10, Los Angeles, Califor- quality control region designated pursuant bilitation, or construction applications; nia. The Federal share of the cost of the con- to the Clean Air Act, as amended.’’ and in- and’’. struction and improvements shall be deter- serting the following: ‘‘plan for— (b) FUNDING.—Section 307(e)(13) of title 23, mined in accordance with section 120(b).’’. ‘‘(1) the implementation of a national am- United States Code, is amended by inserting (b) DEFINITION.—Section 101(a) of title 23, bient air quality standard for which an area after the second sentence the following: ‘‘Of United States Code, is amended by striking is designated as a nonattainment area under the amounts authorized to be expended the undesignated paragraph defining ‘‘start- section 107(d) of the Clean Air Act (42 U.S.C. under this paragraph, $500,000 shall be ex- up costs for traffic management and con- 7407(d)); or pended in fiscal year 1996 to carry out sec- trol’’ and inserting the following: ‘‘(2) the maintenance of a national ambient tion 1038(d)(1) of the Intermodal Surface ‘‘The term ‘operating costs for traffic mon- air quality standard in an area that was des- Transportation Efficiency Act of 1991 (Public itoring, management, and control’ includes ignated as a nonattainment area but that Law 102–240; 23 U.S.C. 109 note) and $10,000,000 labor costs, administrative costs, costs of was later redesignated by the Administrator shall be expended in each of fiscal years 1996 utilities and rent, and other costs associated as an attainment area for the standard and and 1997 to carry out section 1038(d)(2) of the with the continuous operation of traffic con- that is required to develop a maintenance Act.’’. trol activities, such as integrated traffic con- plan under section 175A of the Clean Air Act SEC. 107. LIMITATION ON ADVANCE CONSTRUC- trol systems, incident management pro- (42 U.S.C. 7505a).’’. TION. grams, and traffic control centers.’’. (b) CLEAN AIR ACT REQUIREMENTS.—Section Section 115(d) of title 23, United States SEC. 103. TRANSFERABILITY OF APPORTION- 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) Code, is amended to read as follows: MENTS. is amended by adding at the end the follow- ‘‘(d) REQUIREMENT OF INCLUSION IN TRANS- The third sentence of section 104(g) of title ing: PORTATION IMPROVEMENT PROGRAM.—The 23, United States Code, is amended by strik- ‘‘(5) APPLICABILITY.—This subsection shall Secretary may not approve an application ing ‘‘40 percent’’ and inserting ‘‘60 percent’’. apply only with respect to— under this section unless the project is in- SEC. 104. DESIGN CRITERIA FOR THE NATIONAL ‘‘(A) a nonattainment area and each spe- cluded in the transportation improvement HIGHWAY SYSTEM. cific pollutant for which the area is des- Section 109 of title 23, United States Code, program of the State developed under sec- ignated as a nonattainment area; and is amended— tion 135(f).’’. ‘‘(B) an area that was designated as a non- (1) by striking subsection (a) and inserting SEC. 108. PREVENTIVE MAINTENANCE. attainment area but that was later redesig- the following: Section 116 of title 23, United States Code, nated by the Administrator as an attain- ‘‘(a) IN GENERAL.—The Secretary shall en- is amended by adding at the end the follow- sure that the plans and specifications for ment area and that is required to develop a ing: each proposed highway project under this maintenance plan under section 175A with ‘‘(d) PREVENTIVE MAINTENANCE.—A preven- chapter provide for a facility that will— respect to the specific pollutant for which tive maintenance activity shall be eligible ‘‘(1) adequately serve the existing and the area was designated nonattainment.’’. for Federal assistance under this title if the planned future traffic of the highway in a SEC. 106. USE OF RECYCLED PAVING MATERIAL. State demonstrates to the satisfaction of the manner that is conducive to safety, durabil- (a) IN GENERAL.—Section 1038 of the Inter- Secretary that the activity is a cost-effec- ity, and economy of maintenance; and modal Surface Transportation Efficiency Act tive means of extending the life of a Federal- ‘‘(2) be designed and constructed in accord- of 1991 (Public Law 102–240; 23 U.S.C. 109 aid highway.’’. ance with criteria best suited to accomplish note) is amended— SEC. 109. ELIGIBILITY OF BOND AND OTHER the objectives described in paragraph (1) and (1) by striking subsection (d) and inserting DEBT INSTRUMENT FINANCING FOR to conform to the particular needs of each the following: REIMBURSEMENT AS CONSTRUC- locality.’’; ‘‘(d) ASPHALT PAVEMENT CONTAINING RECY- TION EXPENSES. (2) by striking subsection (c) and inserting CLED RUBBER.— (a) IN GENERAL.—Section 122 of title 23, the following: ‘‘(1) CRUMB RUBBER MODIFIER RESEARCH.— United States Code, is amended to read as ‘‘(c) DESIGN CRITERIA FOR THE NATIONAL Not later than 180 days after the date of en- follows: HIGHWAY SYSTEM.— actment of the National Highway System ‘‘SEC. 122. PAYMENTS TO STATES FOR BOND AND ‘‘(1) IN GENERAL.—A design for new con- Designation Act of 1995, the Administrator of OTHER DEBT INSTRUMENT FINANC- struction, reconstruction, resurfacing (ex- the Federal Highway Administration shall ING. cept for maintenance resurfacing), restora- develop testing procedures and conduct re- ‘‘(a) DEFINITION OF ELIGIBLE DEBT FINANC- tion, or rehabilitation of a highway on the search to develop performance grade classi- ING INSTRUMENT.—In this section, the term National Highway System (other than a fications, in accordance with the strategic ‘eligible debt financing instrument’ means a highway also on the Interstate System) shall highway research program carried out under bond or other debt financing instrument, in- take into account, in addition to the criteria section 307(d) of title 23, United States Code, cluding a note, certificate, mortgage, or described in subsection (a)— for crumb rubber modifier binders. The test- lease agreement, issued by a State or politi- ‘‘(A) the constructed and natural environ- ing procedures and performance grade classi- cal subdivision of a State, the proceeds of ment of the area; fications should be developed in consultation which are used for an eligible Federal-aid ‘‘(B) the environmental, scenic, aesthetic, with representatives of the crumb rubber project under this title. historic, community, and preservation im- modifier industry and other interested par- ‘‘(b) FEDERAL REIMBURSEMENT.—Subject to pacts of the activity; and ties (including the asphalt paving industry) subsections (c) and (d), the Secretary may ‘‘(C) as appropriate, access for other modes with experience in the development of the reimburse a State for expenses and costs in- of transportation. procedures and classifications. curred by the State or a political subdivision ‘‘(2) DEVELOPMENT OF CRITERIA.—The Sec- ‘‘(2) CRUMB RUBBER MODIFIER PROGRAM DE- of the State, for— retary, in cooperation with State highway VELOPMENT.— ‘‘(1) interest payments under an eligible agencies, shall develop criteria to implement ‘‘(A) IN GENERAL.—The Administrator of debt financing instrument; paragraph (1). In developing the criteria, the the Federal Highway Administration shall ‘‘(2) the retirement of principal of an eligi- Secretary shall consider the results of the make grants to States to develop programs ble debt financing instrument; committee process of the American Associa- to use crumb rubber from scrap tires to mod- ‘‘(3) the cost of the issuance of an eligible tion of State Highway and Transportation ify asphalt pavements. Each State may re- debt financing instrument; Officials as adopted and published in ‘A Pol- ceive not more than $500,000 under this para- ‘‘(4) the cost of insurance for an eligible icy on Geometric Design of Highways and graph. debt financing instrument; and Streets’, after adequate opportunity for ‘‘(B) USE OF GRANT FUNDS.—Grant funds ‘‘(5) any other cost incidental to the sale of input by interested parties.’’; and made available to States under this para- an eligible debt financing instrument (as de- (3) by striking subsection (q) and inserting graph may be used— termined by the Secretary). the following: ‘‘(i) to develop mix designs for crumb rub- ‘‘(c) CONDITIONS ON PAYMENT.—The Sec- ‘‘(q) ENVIRONMENTAL, SCENIC, AND HISTORIC ber modified asphalt pavements; retary may reimburse a State under sub- VALUES.—Notwithstanding subsections (b) ‘‘(ii) for the placement and evaluation of section (b) with respect to a project funded and (c), the Secretary may approve a project crumb rubber modified asphalt pavement by an eligible debt financing instrument for the National Highway System if the field tests; and after the State has complied with this title project is designed to— ‘‘(iii) for the expansion of State crumb rub- to the extent and in the manner that would ‘‘(1) allow for the preservation of environ- ber modifier programs in existence on the be required if payment were to be made mental, scenic, or historic values; date the grant is made available.’’; and under section 121.VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 H 9312 CONGRESSIONAL RECORD — HOUSE September 20, 1995

‘‘(d) FEDERAL SHARE.—The Federal share of SEC. 112. STREAMLINING FOR TRANSPORTATION ‘‘(i) the’’; and the cost of a project payable under this sec- ENHANCEMENT PROJECTS. (ii) by adding at the end the following: tion shall not exceed the pro-rata basis of Section 133(e) of title 23, United States ‘‘(ii) the maintenance of a national ambi- payment authorized in section 120. Code, is amended— ent air quality standard in an area that was (1) in paragraph (3)— ‘‘(e) STATUTORY CONSTRUCTION.—Notwith- designated as a nonattainment area but that (A) by striking ‘‘(3) PAYMENTS.—The’’ and standing any other law, the eligibility of an was later redesignated by the Administrator inserting the following: eligible debt financing instrument for reim- of the Environmental Protection Agency as ‘‘(3) PAYMENTS.— bursement under subsection (a) shall not— an attainment area under section 107(d) of ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) constitute a commitment, guarantee, the Clean Air Act (42 U.S.C. 7407(d)); or’’. subparagraph (B), the’’; and (2) APPORTIONMENT.—Section 104(b)(2) of or obligation on the part of the United (B) by adding at the end the following: States to provide for payment of principal or title 23, United States Code, is amended— ‘‘(B) ADVANCE PAYMENT OPTION FOR TRANS- interest on the eligible debt financing in- (A) in the second sentence, by striking ‘‘is PORTATION ENHANCEMENT ACTIVITIES.— strument; or a nonattainment area (as defined in the ‘‘(i) IN GENERAL.—The Secretary may ad- ‘‘(2) create any right of a third party Clean Air Act) for ozone’’ and inserting ‘‘was vance funds to the State for transportation a nonattainment area (as defined in section against the United States for payment under enhancement activities funded from the allo- the eligible debt financing instrument.’’. 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) cation required by subsection (d)(2) for a fis- for ozone during any part of fiscal year 1994’’; (b) DEFINITION OF CONSTRUCTION.—The first cal year if the Secretary certifies for the fis- and sentence of the undesignated paragraph de- cal year that the State has authorized and (B) in the third sentence— fining ‘‘construction’’ of section 101(a) of uses a process for the selection of transpor- (i) by striking ‘‘is also’’ and inserting ‘‘was title 23, United States Code, is amended by tation enhancement projects that involves also’’; and inserting ‘‘bond costs and other costs relat- representatives of affected public entities, (ii) by inserting ‘‘during any part of fiscal ing to the issuance of bonds or other debt in- and private citizens, with expertise related year 1994’’ after ‘‘monoxide’’. strument financing in accordance with sec- to transportation enhancement activities. (3) ORANGE STREET BRIDGE, MISSOULA, MON- tion 122,’’ after ‘‘highway, including’’. ‘‘(ii) LIMITATION ON AMOUNTS.—Amounts TANA.—Notwithstanding section 149 of title advanced under this subparagraph shall be (c) CONFORMING AMENDMENT.—The analysis 23, United States Code, or any other law, a limited to such amounts as are necessary to for chapter 1 of title 23, United States Code, project to construct new capacity for the Or- make prompt payments for project costs. is amended by striking the item relating to ange Street Bridge in Missoula, Montana, section 122 and inserting the following: ‘‘(iii) EFFECT ON OTHER REQUIREMENTS.— This subparagraph shall not exempt a State shall be eligible for funding under the con- ‘‘122. Payments to States for bond and other from other requirements of this title relat- gestion mitigation and air quality improve- debt instrument financing.’’. ing to the surface transportation program.’’; ment program established under the section. (b) REMOVAL OF CERTAIN FUNDING LIMITA- SEC. 110. FEDERAL SHARE FOR HIGHWAYS, and TIONS.—Section 149(b)(1)(A) of title 23, United BRIDGES, AND TUNNELS. (2) by adding at the end the following: States Code, is amended by striking ‘‘(other ‘‘(5) TRANSPORTATION ENHANCEMENT ACTIVI- Section 129(a) of title 23, United States than clauses (xii) and (xvi) of such section), TIES.— Code, is amended by striking paragraph (5) that the project or program’’ and inserting ‘‘(A) CATEGORICAL EXCLUSIONS.—To the ex- and inserting the following: ‘‘, that the publicly sponsored project or pro- tent appropriate, the Secretary shall develop ‘‘(5) LIMITATION ON FEDERAL SHARE.—The gram’’. categorical exclusions from the requirement Federal share payable for an activity de- (c) EFFECT OF LIMITATION ON APPORTION- that an environmental assessment or an en- scribed in paragraph (1) shall be a percentage MENT.—Notwithstanding any other law, for vironmental impact statement under section determined by the State, but not to exceed each of fiscal years 1996 and 1997, any limita- 102 of the National Environmental Policy 80 percent.’’. tion under this section or an amendment Act of 1969 (42 U.S.C. 4332) be prepared for made by this section on an apportionment SEC. 111. APPLICABILITY OF CERTAIN REQUIRE- transportation enhancement activities fund- otherwise authorized under section 1003(a)(4) MENTS TO THIRD PARTY SELLERS. ed from the allocation required by sub- of the Intermodal Surface Transportation Ef- Section 133(d) of title 23, United States section (d)(2). ficiency Act of 1991 (Public Law 102–240; 105 Code, is amended by adding at the end the ‘‘(B) NATIONWIDE PROGRAMMATIC AGREE- Stat. 1919) shall not affect any hold harmless following: MENT.—The Administrator of the Federal apportionment adjustment under section ‘‘(5) APPLICABILITY OF CERTAIN REQUIRE- Highway Administration, in consultation 1015(a) of the Act (Public Law 102–240; 105 MENTS TO THIRD PARTY SELLERS.— with the National Conference of State His- Stat. 1943). ‘‘(A) IN GENERAL.—Except as provided in toric Preservation Officers and the Advisory (d) TRAFFIC MONITORING, MANAGEMENT, AND subparagraphs (B) and (C), in the case of a Council on Historic Preservation established CONTROL FACILITIES AND PROGRAMS.—The transportation enhancement activity funded under title II of the National Historic Pres- first sentence of section 149(b) of title 23, from the allocation required under para- ervation Act (16 U.S.C. 470i et seq.), shall de- United States Code, is amended— graph (2), if real property or an interest in velop a nationwide programmatic agreement (1) in paragraph (2), by striking ‘‘or’’ at the real property is to be acquired from a quali- governing the review of transportation en- end; fied organization exclusively for conserva- hancement activities funded from the alloca- (2) in paragraph (3), by striking the period tion purposes (as determined under section tion required by subsection (d)(2), in accord- at the end and inserting ‘‘; or’’; and 170(h) of the Internal Revenue Code of 1986), ance with— (3) by adding at the end the following: the organization shall be considered to be ‘‘(i) section 106 of the National Historic ‘‘(4) to establish or operate a traffic mon- the owner of the property for the purpose of Preservation Act (16 U.S.C. 470f); and itoring, management, and control facility or the Uniform Relocation Assistance and Real ‘‘(ii) the regulations of the Advisory Coun- program if the Secretary, after consultation Property Acquisition Policies Act of 1970 (42 cil on Historic Preservation.’’. U.S.C. 4601 et seq.). with the Administrator of the Environ- SEC. 113. NON-FEDERAL SHARE FOR CERTAIN mental Protection Agency, determines that ‘‘(B) FEDERAL APPROVAL PRIOR TO INVOLVE- TOLL BRIDGE PROJECTS. the facility or program is likely to contrib- MENT OF QUALIFIED ORGANIZATION.—If Federal Section 144(l) of title 23, United States ute to the attainment of a national ambient approval of the acquisition of the real prop- Code, is amended by adding at the end the air quality standard.’’. erty or interest predates the involvement of following: ‘‘Any non-Federal funds expended a qualified organization described in sub- for the seismic retrofit of the bridge may be SEC. 115. LIMITATION OF NATIONAL MAXIMUM paragraph (A) in the acquisition of the prop- credited toward the non-Federal share re- SPEED LIMIT TO CERTAIN COMMER- CIAL MOTOR VEHICLES. erty, the organization shall be considered to quired as a condition of receipt of any Fed- (a) IN GENERAL.—Section 154 of title 23, be an acquiring agency or person as de- eral funds for seismic retrofit of the bridge United States Code, is amended— scribed in section 24.101(a)(2) of title 49, Code made available after the date of the expendi- (1) by striking the section heading and in- of Federal Regulations, for the purpose of ture.’’. serting the following: the Uniform Relocation Assistance and Real SEC. 114. CONGESTION MITIGATION AND AIR Property Acquisition Policies Act of 1970 (42 QUALITY IMPROVEMENT PROGRAM. ‘‘§ 154. National maximum speed limit for cer- U.S.C. 4601 et seq.). (a) AREAS ELIGIBLE FOR FUNDS.— tain commercial motor vehicles’’; ‘‘(C) ACQUISITIONS ON BEHALF OF RECIPIENTS (1) IN GENERAL.—The first sentence of sec- (2) in subsection (a)— OF FEDERAL FUNDS.—If a qualified organiza- tion 149(b) of title 23, United States Code, is (A) by inserting ‘‘, with respect to motor tion described in subparagraph (A) has con- amended— vehicles’’ before ‘‘(1)’’; and tracted with a State highway administration (A) by inserting ‘‘for areas in the State (B) in paragraph (4), by striking ‘‘motor ve- or other recipient of Federal funds to acquire that were designated as nonattainment areas hicles using it’’ and inserting ‘‘vehicles driv- the real property or interest on behalf of the under section 107(d) of the Clean Air Act (42 en or drawn by mechanical power manufac- recipient, the organization shall be consid- U.S.C. 7407(d))’’ after ‘‘may obligate funds’’; tured primarily for use on public highways ered to be an agent of the recipient for the and (except any vehicle operated exclusively on a purpose of the Uniform Relocation Assist- (B) in paragraph (1)(A)— rail or rails) using it’’; ance and Real Property Acquisition Policies (i) by striking ‘‘contribute to the’’ and in- (3) by striking subsection (b) and inserting Act of 1970 (42 U.S.C. 4601 et seq.).’’. serting the following: ‘‘contribute to— the following:VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 September 20, 1995 CONGRESSIONAL RECORD — HOUSE H 9313

‘‘(b) MOTOR VEHICLE.—In this section, the PROJECTS.—Section 6058 of the Intermodal (6) Section 5316(d) of title 49, United States term ‘motor vehicle’ has the meaning pro- Surface Transportation Efficiency Act of Code, is amended— vided for ‘commercial motor vehicle’ in sec- 1991 (Public Law 102–240; 23 U.S.C. 307 note) is (A) in the subsection heading, by striking tion 31301(4) of title 49, United States Code, amended by adding at the end the following: ‘‘INTELLIGENT VEHICLE-HIGHWAY’’ and insert- except that the term does not include any ‘‘(f) OBLIGATION OF FUNDS.— ing ‘‘INTELLIGENT TRANSPORTATION’’; and vehicle operated exclusively on a rail or ‘‘(1) IN GENERAL.—Funds made available (B) by striking ‘‘intelligent vehicle-high- rails.’’; pursuant to subsections (a) and (b) after the way’’ each place it appears and inserting ‘‘in- (4) in the first sentence of subsection (e), date of enactment of this subsection, and telligent transportation’’. by striking ‘‘all vehicles’’ and inserting ‘‘all other funds made available after that date to SEC. 119. DONATIONS OF FUNDS, MATERIALS, OR motor vehicles’’; and carry out specific intelligent transportation SERVICES FOR FEDERALLY AS- (5) by redesignating subsection (i) as sub- systems projects, shall be obligated not later SISTED ACTIVITIES. section (f). than the last day of the fiscal year following Section 323 of title 23, United States Code, (b) CONFORMING AMENDMENTS.— the fiscal year with respect to which the is amended— (1) The analysis for chapter 1 of title 23, funds are made available. (1) by redesignating subsection (c) as sub- United States Code, is amended by striking ‘‘(2) REALLOCATION OF FUNDS.—If funds de- section (d); and the item relating to section 154 and inserting scribed in paragraph (1) are not obligated by (2) by inserting after subsection (b) the fol- the following: the date described in the paragraph, the Sec- lowing: ‘‘154. National maximum speed limit for cer- retary may make the funds available to ‘‘(c) CREDIT FOR DONATIONS OF FUNDS, MA- tain commercial motor vehi- carry out any other activity with respect to TERIALS, OR SERVICES.—Nothing in this title cles.’’. which funds may be made available under or any other law shall prevent a person from (2) Section 153(i)(2) of title 23, United subsection (a) or (b).’’. offering to donate funds, materials, or serv- States Code, is amended to read as follows: (c) CONFORMING AMENDMENTS.— ices in connection with an activity eligible (1) The table in section 1107(b) of the Inter- ‘‘(2) MOTOR VEHICLE.—The term ‘motor ve- for Federal assistance under this title. In the hicle’ means any vehicle driven or drawn by modal Surface Transportation Efficiency Act case of such an activity with respect to mechanical power manufactured primarily of 1991 (Public Law 102–240; 105 Stat. 2048) is which the Federal Government and the State for use on public highways, except any vehi- amended— share in paying the cost, any donated funds, cle operated exclusively on a rail or rails.’’. (A) in item 10, by striking ‘‘(IVHS)’’ and or the fair market value of any donated ma- (3) Section 157(d) of title 23, United States inserting ‘‘(ITS)’’; and terials or services, that are accepted and in- Code, is amended by striking ‘‘154(f) or’’. (B) in item 29, by striking ‘‘intelligent/ve- corporated into the activity by the State (4) Section 410(i)(3) of title 23, United hicle highway systems’’ and inserting ‘‘intel- highway agency shall be credited against the States Code, is amended to read as follows: ligent transportation systems’’. State share.’’. (2) Section 6009(a)(6) of the Intermodal Sur- ‘‘(3) MOTOR VEHICLE.—The term ‘motor ve- SEC. 120. METRIC CONVERSION OF TRAFFIC CON- hicle’ means any vehicle driven or drawn by face Transportation Efficiency Act of 1991 TROL SIGNS. mechanical power manufactured primarily (Public Law 102–240; 105 Stat. 2176) is amend- (a) Notwithstanding section 3(2) of the for use on public highways, except any vehi- ed by striking ‘‘intelligent vehicle highway Metric Conversion Act of 1975 (15 U.S.C. cle operated exclusively on a rail or rails.’’. systems’’ and inserting ‘‘intelligent trans- 205b(2)) or any other law, no State shall be portation systems’’. SEC. 116. FEDERAL SHARE FOR BICYCLE TRANS- required to— PORTATION FACILITIES AND PEDES- (3) Part B of title VI of the Intermodal (1) erect any highway sign that establishes TRIAN WALKWAYS. Surface Transportation Efficiency Act of any speed limit, distance, or other measure- Section 217(f) of title 23, United States 1991 (Public Law 102–240; 23 U.S.C. 307 note) is ment using the metric system; or Code, is amended by striking ‘‘80 percent’’ amended— (2) modify any highway sign that estab- and inserting ‘‘determined in accordance (A) by striking the part heading and in- lishes any speed limit, distance, or other with section 120(b)’’. serting the following: measurement so that the sign uses the met- SEC. 117. SUSPENSION OF MANAGEMENT SYS- ‘‘PART B—INTELLIGENT ric system. TEMS. TRANSPORTATION SYSTEMS’’; (b) Upon receipt of a written notification Section 303 of title 23, United States Code, (B) in section 6051, by striking ‘‘Intelligent by a State, referring to its right to provide is amended— Vehicle-Highway Systems’’ and inserting notification under this subsection, the Sec- (1) by striking subsection (c) and inserting ‘‘Intelligent Transportation Systems’’; retary of Transportation shall waive, with the following: (C) by striking ‘‘intelligent vehicle-high- respect to such State, any requirement that ‘‘(c) STATE ELECTION.—A State may, at the way systems’’ each place it appears and in- such State use or plan to use the metric sys- option of the State, elect, at any time, not serting ‘‘intelligent transportation sys- tem with respect to designing, preparing to implement, in whole or in part, 1 or more tems’’; plans, specifications and estimates, advertis- of the management systems required under (D) in section 6054— ing, or taking any other action with respect this section. The Secretary may not impose (i) in subsection (a)(2)(A), by striking ‘‘in- to Federal-aid highway projects or activities any sanction on, or withhold any benefit telligent vehicle-highway’’ and inserting utilizing funds authorized pursuant to title from, a State on the basis of such an elec- ‘‘intelligent transportation systems’’; and 23, United States Code. Such waiver shall re- tion.’’; and (ii) in the subsection heading of subsection main effective for the State until the State (2) in subsection (f)— (b), by striking ‘‘INTELLIGENT VEHICLE-HIGH- notifies the Secretary to the contrary: Pro- (A) by striking ‘‘(f) ANNUAL REPORT.—Not’’ WAY SYSTEMS’’ and inserting ‘‘INTELLIGENT vided, That a waiver granted by the Sec- and inserting the following: TRANSPORTATION SYSTEMS’’; retary will be in effect until September 30, ‘‘(f) REPORTS.— (E) in the subsection heading of section 2000. ‘‘(1) ANNUAL REPORTS.—Not’’; and 6056(a), by striking ‘‘IVHS’’ and inserting SEC. 121. IDENTIFICATION OF HIGH PRIORITY (B) by adding at the end the following: ‘‘ITS’’; CORRIDORS. ‘‘(2) REPORT ON IMPLEMENTATION.—Not (F) in the subsection heading of each of Section 1105(c) of the Intermodal Surface later than October 1, 1996, the Secretary, in subsections (a) and (b) of section 6058, by Transportation Efficiency Act of 1991 (Pub. consultation with States, shall transmit to striking ‘‘IVHS’’ and inserting ‘‘ITS’’; and L. 102–240; 105 Stat. 2032) is amended— Congress a report on the management sys- (G) in the paragraph heading of section (1) by striking paragraph (5) and inserting tems required under this section that makes 6059(1), by striking ‘‘IVHS’’ and inserting the following: recommendations as to whether, to what ex- ‘‘ITS’’. ‘‘(5)(A) I–73/74 North-South Corridor from tent, and how the management systems (4) Section 310(c)(3) of the Department of Charleston, South Carolina, through Win- should be implemented.’’. Transportation and Related Agencies Appro- ston-Salem, North Carolina, to Portsmouth, SEC. 118. INTELLIGENT TRANSPORTATION SYS- priations Act, 1995 (Public Law 103–331; 23 Ohio, to Cincinnati, Ohio, to termini at De- TEMS. U.S.C. 104 note), is amended by striking ‘‘in- troit, Michigan and Sault Ste. Marie, Michi- (a) IMPROVED COLLABORATION IN INTEL- telligent vehicle highway systems’’ and in- gan. LIGENT TRANSPORTATION SYSTEMS RESEARCH serting ‘‘intelligent transportation sys- ‘‘(B)(i) In the Commonwealth of Virginia, AND DEVELOPMENT.—Section 6054 of the tems’’. the Corridor shall generally follow— Intermodal Surface Transportation Effi- (5) Section 109(a) of the Hazardous Mate- ‘‘(I) United States Route 220 from the Vir- ciency Act of 1991 (Public Law 102–240; 23 rials Transportation Authorization Act of ginia-North Carolina border to I–581 south of U.S.C. 307 note) is amended by adding at the 1994 (Public Law 103–311; 23 U.S.C. 307 note) is Roanoke; end the following: amended— ‘‘(II) I–581 to I–81 in the vicinity of Roa- ‘‘(e) COLLABORATIVE RESEARCH AND DEVEL- (A) by striking ‘‘Intelligent Vehicle-High- noke; OPMENT.—In carrying out this part, the Sec- way Systems’’ each place it appears and in- ‘‘(III) I–81 to the proposed highway to dem- retary may carry out collaborative research serting ‘‘Intelligent Transportation Sys- onstrate intelligent transportation systems and development in accordance with section tems’’; and authorized by item 29 of the table in section 307(a)(2) of title 23, United States Code.’’. (B) by striking ‘‘intelligent vehicle-high- 1107(b) in the vicinity of Christiansburg to (b) TIME LIMIT FOR OBLIGATION OF FUNDS way system’’ and inserting ‘‘intelligent United States Route 460 in the vicinity of FOR INTELLIGENT TRANSPORTATION SYSTEMS transportation system’’. Blacksburg; andVerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 H 9314 CONGRESSIONAL RECORD — HOUSE September 20, 1995 ‘‘(IV) United States Route 460 to the West SEC. 122. REVISION OF AUTHORITY FOR INNOVA- (A) by redesignating subsection (h) as sub- Virginia State line. TIVE PROJECT IN FLORIDA. section (i); and ‘‘(ii) In the States of West Virginia, Ken- Item 196 of the table in section 1107(b) of (B) by inserting after subsection (g) the tucky, and Ohio, the Corridor shall generally the Intermodal Surface Transportation Effi- following: follow— ciency Act of 1991 (Public Law 102–240; 105 ‘‘(h) NATIONAL RECREATIONAL TRAILS FUND- ‘‘(I) United States Route 460 from the West Stat. 2058) is amended— ING.—The Secretary shall expend, from ad- Virginia State line to United States Route 52 (1) by striking ‘‘Orlando,’’; and ministrative funds deducted under sub- (2) by striking ‘‘Land & right-of-way acqui- at Bluefield, West Virginia; and section (a), to carry out section 1302 of the sition & guideway construction for magnetic ‘‘(II) United States Route 52 to United Intermodal Surface Transportation Effi- limitation project’’ and inserting ‘‘1 or more States Route 23 at Portsmouth, Ohio. ciency Act of 1991 (16 U.S.C. 1261) $15,000,000 regionally significant, intercity ground for each of fiscal years 1996 and 1997.’’. ‘‘(iii) In the States of North Carolina and transportation projects’’. South Carolina, the Corridor shall generally SEC. 125. INTERMODAL FACILITY IN NEW YORK. SEC. 123. REVISION OF AUTHORITY FOR PRIOR- (a) IN GENERAL.—The Secretary of Trans- follow— ITY INTERMODAL PROJECT IN CALI- portation shall make grants to the National ‘‘(I) in the case of I–73— FORNIA. Railroad Passenger Corporation for— ‘‘(aa) United States Route 220 from the Item 31 of the table in section 1108(b) of the (1) engineering, design, and construction Virginia State line to State Route 68 in the Intermodal Surface Transportation Effi- activities to permit the James A. Farley vicinity of Greensboro; ciency Act of 1991 (Public Law 102–240; 105 Post Office in New York, New York, to be ‘‘(bb) State Route 68 to I–40; Stat. 2062) is amended by striking ‘‘To im- used as an intermodal transportation facility ‘‘(cc) I–40 to United States Route 220 in prove ground access from Sepulveda Blvd. to and commercial center; and Greensboro; Los Angeles, California’’ and inserting the (2) necessary improvements to and redevel- ‘‘(dd) United States Route 220 to United following: ‘‘For the Los Angeles Inter- opment of Pennsylvania Station and associ- States Route 1 near Rockingham; national Airport central terminal ramp ac- ated service buildings in New York, New ‘‘(ee) United States Route 1 to the South cess project, $3,500,000; for the widening of York. Carolina State line; and Aviation Boulevard south of Imperial High- (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ff) South Carolina State line to Charles- way, $3,500,000; for the widening of Aviation There are authorized to be appropriated to ton, South Carolina; and Boulevard north of Imperial Highway, carry out this section a total of $69,500,000 ‘‘(II) in the case of I–74— $1,000,000; and for transportation systems for fiscal years following fiscal year 1995, to ‘‘(aa) I–77 from Bluefield, West Virginia, to management improvements in the vicinity remain available until expended. of the Sepulveda Boulevard/Los Angeles the junction of I–77 and the United States SEC. 126. CLARIFICATION OF ELIGIBILITY. Route 52 connector in Surry County, North International Airport tunnel, $950,000’’. The improvements to, or adjacent to, the Carolina; SEC. 124. NATIONAL RECREATIONAL TRAILS main line of the National Railroad Passenger FUNDING PROGRAM. ‘‘(bb) the I–77/United States Route 52 con- Corporation between milepost 190.23 at (a) CONTRACT AUTHORITY.—Section 1302 of nector to United States Route 52 south of Central Falls, Rhode Island, and milepost the Intermodal Surface Transportation Effi- Mount Airy, North Carolina; 168.53 at Davisville, Rhode Island, that are ciency Act of 1991 (16 U.S.C. 1261) is amend- ‘‘(cc) United States Route 52 to United ed— necessary to support the rail movement of States Route 311 in Winston-Salem, North (1) by redesignating subsection (g) as sub- freight shall be eligible for funding under Carolina; section (i); and sections 103(e)(4), 104(b), and 144 of title 23, ‘‘(dd) United States Route 311 to United (2) by inserting after subsection (f) the fol- United States Code. States Route 220 in the vicinity of lowing: SEC. 127. BRISTOL, RHODE ISLAND, STREET Randleman, North Carolina. ‘‘(g) CONTRACT AUTHORITY.—Funds author- MARKING. ‘‘(ee) United States Route 220 to United ized to be appropriated under this section Notwithstanding any other law, a red, States Route 74 near Rockingham; shall be available for obligation in the man- white, and blue center line in the Main ‘‘(ff) United States Route 74 to United ner as if the funds were apportioned under Street of Bristol, Rhode Island, shall be States Route 76 near Whiteville; title 23, United States Code, except that the deemed to comply with the requirements of ‘‘(gg) United States Route 74/76 to the Federal share of any project under this sec- section 3B–1 of the Manual on Uniform Traf- South Carolina State line in Brunswick tion shall be determined in accordance with fic Control Devices of the Department of County; and this section. Transportation. ‘‘(hh) South Carolina State line to Charles- ‘‘(h) FEDERAL SHARE.—The Federal share of SEC. 128. PUBLIC USE OF REST AREAS. ton, South Carolina. the cost of a project under this section shall Notwithstanding section 111 of title 23, ‘‘(iv) Each route segment referred to in be 50 percent.’’. United States Code, or any project agree- clause (i), (ii), or (iii) that is not a part of the (b) TECHNICAL AND CONFORMING AMEND- ment under the section, the Secretary of Interstate System shall be designated as a MENTS.— Transportation shall permit the conversion route included in the Interstate System, at (1) IN GENERAL.—Section 1302 of the Inter- of any safety rest area adjacent to Interstate such time as the Secretary determines that modal Surface Transportation Efficiency Act Route 95 within the State of Rhode Island the route segment— of 1991 (16 U.S.C. 1261) is amended— that was closed as of May 1, 1995, to use as a ‘‘(I) meets Interstate System design stand- (A) by striking subsection (c) and inserting motor vehicle emissions testing facility. At ards approved by the Secretary under section the following: the option of the State, vehicles shall be per- 109(b) of title 23, United States Code; and ‘‘(c) STATE ELIGIBILITY.—A State shall be mitted to gain access to and from any such eligible to receive moneys under this part ‘‘(II) meets the criteria for designation testing facility directly from Interstate if— pursuant to section 139 of title 23, United Route 95. ‘‘(1) the Governor of the State has des- States Code, except that the determination SEC. 129. COLLECTION OF TOLLS TO FINANCE ignated the State agency responsible for ad- shall be made without regard to whether the CERTAIN ENVIRONMENTAL ministering allocations under this section; PROJECTS IN FLORIDA. route segment is a logical addition or con- ‘‘(2) the State proposes to obligate and ul- Notwithstanding section 129(a) of title 23, nection to the Interstate System.’’; timately obligates any allocations received United States Code, on request of the Gov- (2) in paragraph (18)— in accordance with subsection (e); and ernor of the State of Florida, the Secretary (A) by striking ‘‘and’’; and ‘‘(3) a recreational trail advisory board on of Transportation shall modify the agree- (B) by inserting before the period at the which both motorized and nonmotorized rec- ment entered into with the transportation end the following: ‘‘, and to the Lower Rio reational trail users are represented exists in department of the State and described in sec- Grande Valley at the border between the the State.’’; tion 129(a)(3) of the title to permit the col- United States and Mexico’’; and (B) in subsection (d), by striking paragraph lection of tolls to liquidate such indebted- (3) by adding at the end the following: (3); ness as may be incurred to finance any cost ‘‘(22) The Alameda Transportation Corridor (C) in subsection (e)— associated with a feature of an environ- along Alameda Street from the entrance to (i) in paragraphs (3)(A), (5)(B), and (8)(B), mental project that is carried out under the ports of Los Angeles and Long Beach to by striking ‘‘(c)(2)(A) of this section’’ and in- State law and approved by the Secretary of Interstate 10, Los Angeles, California. serting ‘‘(c)(3)’’; and the Interior. ‘‘(23) The Interstate Route 35 Corridor from (ii) in paragraph (5)(A)(i), by striking SEC. 130. HOURS OF SERVICE OF DRIVERS OF Laredo, Texas, through Oklahoma City, ‘‘(g)(5)’’ and inserting ‘‘(i)(5)’’; and GROUND WATER WELL DRILLING Oklahoma, to Wichita, Kansas, to Kansas (D) in subsection (i) (as redesignated by RIGS. City, Kansas/Missouri, to Des Moines, Iowa, subsection (a)(1)), by striking paragraph (1) (a) DEFINITIONS.—In this section: to Minneapolis, Minnesota, to Duluth, Min- and inserting the following: (1) 8 CONSECUTIVE DAYS.—The term ‘‘8 con- nesota. ‘‘(1) ELIGIBLE STATE.—The term ‘eligible secutive days’’ means the period of 8 con- ‘‘(24) The Dalton Highway from Deadhorse, State’ means a State (as defined in section secutive days beginning on any day at the Alaska to Fairbanks, Alaska. 101 of title 23, United States Code) that time designated by the motor carrier for a ‘‘(25) State Route 168 (South Battlefield meets the requirements of subsection (c).’’. 24-hour period. Boulevard), Virginia, from the Great Bridge (2) Section 104 of title 23, United States (2) 24-HOUR PERIOD.—The term ‘‘24-hour pe- Bypass to the North Carolina State line.’’. Code, is amended— riod’’ means any 24-consecutive-hour periodVerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 September 20, 1995 CONGRESSIONAL RECORD — HOUSE H 9315 beginning at the time designated by the whole or in part with Federal-aid highway vehicles that were not in actual operation on motor carrier for the terminal from which funds, shall be performed and audited in June 1, 1991, to be operated on Interstate the driver is normally dispatched. compliance with cost principles contained in Route 29 between Sioux City, Iowa, and the (3) GROUND WATER WELL DRILLING RIG.—The the Federal acquisition regulations of part 31 border between Iowa and South Dakota and term ‘‘ground water well drilling rig’’ means of title 48 of the Code of Federal Regulations. Interstate 129 between Sioux City, Iowa, and any vehicle, machine, tractor, trailer, semi- ‘‘(D) INDIRECT COST RATES.—In lieu of per- the border between Iowa and Nebraska.’’. trailer, or specialized mobile equipment pro- forming its own audits, a recipient of funds SEC. 137. REVISION OF AUTHORITY FOR CONGES- pelled or drawn by mechanical power and under a contract or subcontract awarded in TION RELIEF PROJECT IN CALIFOR- used on highways to transport water well accordance with subparagraph (A) shall ac- NIA. field operating equipment, including water cept indirect cost rates established in ac- Item 1 of the table in section 1104(b) of the well drilling and pump service rigs equipped cordance with the Federal acquisition regu- Intermodal Surface Transportation Effi- to access ground water. lations for 1-year applicable accounting peri- ciency Act of 1991 (Public Law 102–240; 105 (b) GENERAL RULE.—In the case of a driver ods by a cognizant Federal or State govern- Stat. 2029) is amended by striking ‘‘Construc- of a commercial motor vehicle subject to ment agency, if such rates are not currently tion of HOV Lanes on I–710’’ and inserting regulations prescribed by the Secretary of under dispute. Once a firm’s indirect cost ‘‘Construction of automobile and truck sepa- Transportation under sections 31136 and 31502 rates are accepted, the recipient of such ration lanes at the southern terminus of I– of title 49, United States Code, who is used funds shall apply such rates for the purposes 710’’. primarily in the transportation and oper- of contract estimation, negotiation, admin- SEC. 138. APPLICABILITY OF CERTAIN VEHICLE ation of a ground water well drilling rig, for istration, reporting, and contract payment WEIGHT LIMITATIONS IN WISCON- the purpose of the regulations, any period of and shall not be limited by administrative or SIN. 8 consecutive days may end with the begin- de facto ceilings of any kind. A recipient of Section 127 of title 23, United States Code, ning of an off-duty period of 24 or more con- such funds requesting or using the cost and is amended by adding at the end the follow- secutive hours. rate data described in this subparagraph ing: PERATION OF ERTAIN PECIALIZED (c) REPORT.—The Secretary of Transpor- shall notify any affected firm before such re- ‘‘(f) O C S tation shall monitor the commercial motor quest or use. Such data shall be confidential HAULING VEHICLES ON CERTAIN WISCONSIN vehicle safety performance of drivers of and shall not be accessible or provided, in HIGHWAYS.—If the 104-mile portion of Wis- ground water well drilling rigs. If the Sec- whole or in part, to another firm or to any consin State Route 78 and United States retary determines that public safety has government agency which is not part of the Route 51 between Interstate Route 94 near been adversely affected by the general rule group of agencies sharing cost data under Portage, Wisconsin, and Wisconsin State established by subsection (b), the Secretary this subparagraph, except by written permis- Route 29 south of Wausau, Wisconsin, is des- shall report to Congress on the determina- sion of the audited firm. If prohibited by law, ignated as part of the Interstate System tion. such cost and rate data shall not be disclosed under section 139(a), the single axle weight, tandem axle weight, gross vehicle weight, SEC. 131. RURAL ACCESS PROJECTS. under any circumstances. and bridge formula limits set forth in sub- Item 111 of the table in section 1106(a)(2) of ‘‘(E) EFFECTIVE DATE/STATE OPTION.—Sub- section (a) shall not apply to the 104-mile the Intermodal Surface Transportation Effi- paragraphs (C) and (D) shall take effect upon portion with respect to the operation of any ciency Act of 1991 (Public Law 102–240; 105 the date of enactment of this Act: Provided vehicle that could legally operate on the 104- Stat. 2042) is amended— however, That if a State, during the first reg- mile portion before the date of enactment of (1) by striking ‘‘Parker County’’ and in- ular session of the State legislature conven- this subsection.’’. serting ‘‘Parker and Tarrant Counties’’; and ing after the date of enactment of this Act, (2) by striking ‘‘to four-lane’’ and inserting adopts by statute an alternative process in- SEC. 139. PROHIBITION ON NEW HIGHWAY DEM- ONSTRATION PROJECTS. ‘‘in Tarrant County to freeway standards and tended to promote engineering and design (a) IN GENERAL.—Notwithstanding any in Parker County to a 4-lane’’. quality, reduce life-cycle costs, and ensure maximum competition by professional com- other law, neither the Secretary of Transpor- SEC. 132. INCLUSION OF HIGH PRIORITY COR- tation nor any other officer or employee of RIDORS. panies of all sizes providing engineering and design services. Such subparagraphs shall the United States may make funds available Section 1105(d) of the Intermodal Surface for obligation to carry out any demonstra- Transportation Efficiency Act of 1991 (Pub. not apply in that State.’’. SEC. 135. FEDERAL SHARE FOR ECONOMIC tion project described in subsection (b) that L. 102–240; 105 Stat. 2033) is amended by add- has not been authorized, or for which no ing at the end the following: ‘‘The Secretary GROWTH CENTER DEVELOPMENT HIGHWAYS. funds have been made available, as of the of Transportation shall include High Prior- Section 1021(c) of the Intermodal Surface date of enactment of this Act. ity Corridor 18 as identified in section 1105(c) Transportation Efficiency Act of 1991 (Public (b) PROJECTS.—Subsection (a) applies to a of this Act, as amended, on the approved Na- Law 102–240) (as amended by section 417 of demonstration project or program that the tional Highway System after completion of the Department of Transportation and Re- Secretary of Transportation determines— the feasibility study by the States as pro- lated Agencies Appropriations Act, 1993 (1)(A) concerns a State-specific highway vided by such Act.’’. (Public Law 102–388; 106 Stat. 1565)) is amend- project or research or development in a spe- SEC. 133. SENSE OF THE SENATE REGARDING ed— cific State; or THE FEDERAL–STATE FUNDING RE- (1) in paragraph (2), by striking ‘‘and’’ at (B) is otherwise comparable to a dem- LATIONSHIP FOR TRANSPORTATION. the end and inserting ‘‘or’’; and onstration project or project of national sig- (a) FINDINGS.— (2) in paragraph (3), by striking ‘‘section nificance authorized under any of sections (1) The designation of high priority roads 143 of title 23’’ and inserting ‘‘a project for 1103 through 1108 of the Intermodal Surface through the National Highway System is re- the construction, reconstruction, or im- Transportation Efficiency Act of 1991 (Public quired by the Intermodal Surface Transpor- provement of a development highway on a Law 102–240; 105 Stat. 2027); and tation Efficiency Act (ISTEA) and will en- Federal-aid system, as described in section (2) does not concern a federally owned sure the continuation of funding which 103 of such title (as in effect on the day be- highway. would otherwise be withheld from the fore the date of enactment of this Act) (other SEC. 140. TREATMENT OF CENTENNIAL BRIDGE, States. than the Interstate System), under section ROCK ISLAND, ILLINOIS, AGREE- (2) The Budget Resolution supported the 143 of such title’’. MENT. re-evaluation of all Federal programs to de- For purposes of section 129(a)(6) of title 23, termine which programs are more appro- SEC. 136. VEHICLE WEIGHT AND LONGER COM- BINATION VEHICLES EXEMPTION United States Code, the agreement concern- priately a responsibility of the States. FOR SIOUX CITY, IOWA. ing the Centennial Bridge, Rock Island, Illi- (3) Debate on the appropriate role of the (a) VEHICLE WEIGHT LIMITATIONS.—The pro- nois, entered into under the Act entitled ‘‘An Federal Government in transportation will viso in the second sentence of section 127(a) Act authorizing the city of Rock Island, Illi- occur in the re-authorization of ISTEA. of title 23, United States Code, is amended by nois, or its assigns, to construct, maintain, (b) SENSE OF SENATE.—Therefore, it is the striking ‘‘except for those’’ and inserting the and operate a toll bridge across the Mis- sense of the Senate that the designation of following: ‘‘except for vehicles using Inter- sissippi River at or near Rock Island, Illi- the NHS does not assume the continuation state 29 between Sioux City, Iowa, and the nois, and to a place at or near the city of or the elimination of the current Federal- border between Iowa and South Dakota and Davenport, Iowa’’, approved March 18, 1938 State relationship nor preclude a re-evalua- vehicles using Interstate Route 129 between (52 Stat. 110, chapter 48), shall be treated as tion of the Federal-State relationship in Sioux City, Iowa, and the border between if the agreement had been entered into under transportation. Iowa and Nebraska, and except for’’. section 129 of title 23, United States Code, as SEC. 134. QUALITY THROUGH COMPETITION. (b) LONGER COMBINATION VEHICLES.—Sec- in effect on December 17, 1991, and may be (a) CONTRACTING FOR ENGINEERING AND DE- tion 127(d)(1) of title 23, United States Code, modified in accordance with section 129(a)(6) SIGN SERVICES.—Section 112(b)(2) of title 23, is amended by adding at the end the follow- of the title. United States Code, is amended by adding at ing: SEC. 141. MORATORIUM ON CERTAIN EMISSIONS the end the following new subparagraphs: ‘‘(F) IOWA.—In addition to vehicles that TESTING REQUIREMENTS. ‘‘(C) PERFORMANCE AND AUDITS.—Any con- the State of Iowa may continue to allow to (a) MORATORIUM.— tract or subcontract awarded in accordance be operated under subparagraph (A), the (1) IN GENERAL.—The Administrator of the with subparagraph (A), whether funded in State of Iowa may allow longer combination Environmental Protection Agency (referredVerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 H 9316 CONGRESSIONAL RECORD — HOUSE September 20, 1995 to in this subsection as the ‘‘Adminis- Stat. 194) shall be made available for obliga- SEC. 148. OPERATION OF MOTOR VEHICLES BY trator’’) shall not require adoption or imple- tion to carry out the project for Lake INTOXICATED MINORS. mentation by a State of a test-only or I/M240 Charles, Louisiana, authorized by item 17 of Section 158(a) of title 23, United States enhanced vehicle inspection and mainte- the table in section 1106(a)(2) of the Inter- Code, is amended— nance program as a means of compliance modal Surface Transportation Efficiency Act (1) by striking paragraph (1) and inserting with section 182 of the Clean Air Act (42 of 1991 (Public Law 102–240; 105 Stat. 2038). the following: U.S.C. 7511a), but the Administrator may ap- SEC. 146. NORTHWEST ARKANSAS REGIONAL AIR- ‘‘(1) OPERATION OF MOTOR VEHICLES BY IN- prove such a program if a State chooses to PORT CONNECTOR. TOXICATED MINORS.— adopt the program as a means of compliance. Notwithstanding any other provision of ‘‘(A) FISCAL YEAR 1998.—If the condition de- (2) REPEAL.—Paragraph (1) is repealed ef- law, the Federal share for the intermodal scribed in subparagraph (C) exists in a State fective as of the date that is 1 year after the connecter to the Northwest Arkansas Re- as of October 1, 1998, the Secretary shall date of enactment of this Act. gional Airport from U.S. Highway 71 in Ar- withhold, on October 1, 1998, 5 percent of the (b) PLAN APPROVAL.— kansas shall be 95 percent. amount required to be apportioned to the (1) IN GENERAL.—The Administrator of the SEC. 147. INTERCITY RAIL INFRASTRUCTURE IN- State under each of paragraphs (1), (2), (5), Environmental Protection Agency (referred VESTMENT. and (6) of section 104(b) for fiscal year 1998. to in this subsection as the ‘‘Adminis- (a) INTERSTATE RAIL COMPACTS.— ‘‘(B) FISCAL YEARS THEREAFTER.—If the trator’’) shall not disapprove a State imple- (1) CONSENT TO COMPACTS.—Congress grants condition described in subparagraph (C) ex- mentation plan revision under section 182 of consent to States with an interest in a spe- ists in a State as of October 1, 1999, or any the Clean Air Act (42 U.S.C. 7511a) on the cific form, route, or corridor of intercity pas- October 1 thereafter, the Secretary shall basis of a regulation providing for a 50-per- senger rail service (including high speed rail withhold, on that October 1, 10 percent of the cent discount for alternative test-and-repair service) to enter into interstate compacts to amount required to be apportioned to the inspection and maintenance programs. promote the provision of the service, includ- State under each of paragraphs (1), (2), (5), (2) CREDIT.—If a State provides data for a ing— and (6) of section 104(b) for the fiscal year be- proposed inspection and maintenance system (A) retaining an existing service or com- ginning on that October 1. for which credits are appropriate under sec- mencing a new service; ‘‘(C) CONDITION.—The condition referred to tion 182 of the Clean Air Act (42 U.S.C. 7511a), (B) assembling rights-of-way; and in subparagraphs (A) and (B) is that an indi- the Administrator shall allow the full (C) performing capital improvements, in- vidual under the age of 21 who has a blood al- amount of credit for the system that is ap- cluding— cohol concentration of 0.02 percent or great- propriate without regard to any regulation (i) the construction and rehabilitation of er when operating a motor vehicle in the that implements that section by requiring maintenance facilities; State is not considered to be driving while centralized emissions testing. (ii) the purchase of locomotives; and intoxicated or driving under the influence of (iii) operational improvements, including (3) DEADLINE.—The Administrator shall alcohol.’’; and communications, signals, and other systems. complete and present a technical assessment (2) in paragraph (2), by striking ‘‘AFTER (2) FINANCING.—An interstate compact es- of data for a proposed inspection and mainte- THE FIRST YEAR’’ and inserting ‘‘PURCHASE tablished by States under paragraph (1) may nance system submitted by a State not later AND POSSESSION OF ALCOHOLIC BEVERAGES BY provide that, in order to carry out the com- than 45 days after the date of submission. MINORS’’. pact, the States may— SEC. 142. ELIMINATION OF PENALTIES FOR NON- (A) accept contributions from a unit of SEC. 149. CONTINGENT COMMITMENTS. COMPLIANCE WITH MOTORCYCLE At the end of section 5309(g)(4) of title 49, HELMET USE REQUIREMENT. State or local government or a person; (B) use any Federal or State funds made United States Code, add the following new Section 153(h) of title 23, United States sentence: ‘‘The Secretary may enter future Code, is amended by striking ‘‘a law de- available for intercity passenger rail service (except funds made available for the Na- obligations in excess of 50 percent of said un- scribed in subsection (a)(1) and’’ each place committed cash balance for the purpose of it appears. tional Railroad Passenger Corporation); (C) on such terms and conditions as the contingent commitments for projects au- SEC. 143. CLARIFICATION OF ELIGIBILITY. States consider advisable— thorized under section 3032 of Public Law The improvements to the former Pocono (i) borrow money on a short-term basis and 102–240.’’. Northeast Railway Company freight rail line issue notes for the borrowing; and SEC. 150. AVAILABILITY OF CERTAIN FUNDS FOR by the Luzerne County Redevelopment Au- (ii) issue bonds; and BOSTON-TO-PORTLAND RAIL COR- thority that are necessary to support the rail (D) obtain financing by other means per- RIDOR. movement of freight, shall be eligible for mitted under Federal or State law. Section 5309 of title 49, United States Code, funding under sections 130, 144, and 149 of (b) ELIGIBILITY OF PASSENGER RAIL AS SUR- is amended by adding at the end the follow- title 23, United States Code. FACE TRANSPORTATION PROGRAM PROJECT.— ing new subsection: SEC. 144. TOLL ROADS, BRIDGES, TUNNELS, NON- Section 133(b) of title 23, United States Code, ‘‘(p) BOSTON-TO-PORTLAND RAIL COR- TOLL ROADS THAT HAVE A DEDI- is amended— RIDOR.—Notwithstanding any other provision CATED REVENUE SOURCE, AND FER- (1) in paragraph (1), by inserting ‘‘, rail- of law, up to $3,600,000 of the funds made RIES. roads,’’ after ‘‘highways)’’; available under this section for the rail cor- Section 129 of title 23, United States Code, (2) in paragraph (2)— ridor between Boston, Massachusetts and is amended— (A) by inserting ‘‘, all eligible activities Portland, Maine may be used to pay for oper- (1) by revising the title to read as follows: under section 5311 of title 49, United States ating costs arising in connection with such ‘‘§ 129. Toll roads, bridges, tunnels, non-toll Code,’’ before ‘‘and publicly owned’’; rail corridor under section 5333(b).’’. roads that have a dedicated revenue (B) by inserting ‘‘or rail passenger’’ after SEC. 151. REVISION OF AUTHORITY OF source, and ferries’’; and ‘‘intercity bus’’; and MULTIYEAR CONTRACTS. (2) by revising paragraph 129(a)(7) to read (C) by inserting before the period at the Section 3035(ww) of the Intermodal Surface as follows: end the following: ‘‘, including terminals and Transportation Efficiency Act of 1991 (Public ‘‘(7) LOANS.— facilities owned by the National Railroad Law 102–240; 105 Stat. 2136) is amended by ‘‘(A) IN GENERAL.—A State may loan an Passenger Corporation’’; and adding at the end the following: ‘‘Of the amount equal to all or part of the Federal (3) in paragraph (6), by inserting ‘‘, and for funds provided by this subsection, $100,000,000 share of a toll project or a non-toll project passenger rail services,’’ after ‘‘programs’’. is authorized to be appropriated for region- that has a dedicated revenue source, specifi- (c) ELIGIBILITY OF PASSENGER RAIL UNDER ally significant ground transportation cally dedicated to such project or projects CONGESTION MITIGATION AND AIR QUALITY IM- projects in the State of Hawaii.’’. under this section, to a public entity con- PROVEMENT PROGRAM.—The first sentence of SEC. 152. FEASIBILITY STUDY OF EVACUATION structing or proposing to construct a toll fa- section 149(b) of title 23, United States Code, ROUTES FOR LOUISIANA COASTAL cility or non-toll facility with a dedicated is amended— AREAS. revenue source. Dedicated revenue sources (1) in paragraph (2), by striking ‘‘or’’ at the Notwithstanding any other provisions of for non-toll facilities include: excise taxes, end; law, section 1105(e)(2) of Public Law 102–240 is sales taxes, motor vehicle use fees, tax on (2) in paragraph (3), by striking the period amended by adding at the end the following real property, tax increment financing, or at the end and inserting ‘‘; or’’; and new sentence: ‘‘A feasibility study may be such other dedicated revenue source as the (3) by adding at the end the following: conducted under this subsection to identify Secretary deems appropriate.’’. ‘‘(4) if the project or program will have air routes that will expedite future emergency SEC. 145. TRANSFER OF FUNDS BETWEEN CER- quality benefits through construction of and evacuations of coastal areas of Louisiana.’’. TAIN DEMONSTRATION PROJECTS operational improvements for intercity pas- SEC. 153. 34TH STREET CORRIDOR PROJECT IN IN LOUISIANA. senger rail facilities, operation of intercity MOORHEAD, MINNESOTA. Notwithstanding any other law, the funds passenger rail trains, and acquisition of roll- Section 149(a)(5)(A) of the Surface Trans- available for obligation to carry out the ing stock for intercity passenger rail service, portation and Uniform Relocation Assist- project in West Calcasieu Parish, Louisiana, except that not more than 50 percent of the ance Act of 1987 (Public Law 100–17; 101 Stat. authorized by section 149(a)(87) of the Sur- amount received by a State for a fiscal year 181) is amended— face Transportation and Uniform Relocation under this paragraph may be obligated for (1) in clause (i), by striking ‘‘and’’ at the Assistance Act of 1987 (Public Law 100–17; 101 operating support.’’. end; andVerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 September 20, 1995 CONGRESSIONAL RECORD — HOUSE H 9317 (2) by inserting ‘‘and (iii) a safety over- (2) the volume of traffic in the metropoli- (A) the Bridge (as in existence on the date pass,’’ after ‘‘interchange,’’. tan Washington, D.C., area is expected to in- of enactment of this Act); SEC. 154. SAFETY BELT USE LAW REQUIREMENTS crease by more than 70 percent between 1990 (B) any southern Capital Beltway crossing FOR NEW HAMPSHIRE AND MAINE. and 2020; of the Potomac River constructed in the vi- The State of New Hampshire and the State (3) the deterioration of the Woodrow Wil- cinity of the Bridge after the date of enact- of Maine shall be deemed as having met the son Memorial Bridge and the growing popu- ment of this Act; or safety belt use law requirements of section lation of the metropolitan Washington, D.C., (C) any building, improvement, addition, 153 of title 23, United States Code, upon cer- area contribute significantly to traffic con- extension, replacement, appurtenance, land, tification by the Secretary of Transportation gestion; interest in land, water right, air right, fran- that the State has achieved— (4) the Bridge serves as a vital link in the chise, machinery, equipment, furnishing, (1) a safety belt use rate in each of fiscal Interstate System and in the Northeast cor- landscaping, easement, utility, approach, years ending September 30, 1995 and Septem- ridor; roadway, or other facility necessary or desir- ber 30, 1996, of not less than 50 percent; and (5) identifying alternative methods for able in connection with or incidental to a fa- (2) a safety belt use rate in each succeeding maintaining this vital link of the Interstate cility described in subparagraph (A) or (B). fiscal year thereafter of not less than the na- System is critical to addressing the traffic (3) BOARD.—The term ‘‘Board’’ means the tional average safety belt use rate, as deter- congestion of the area; board of directors of the Authority estab- mined by the Secretary of Transportation. (6) the Bridge is— lished under section 206. (A) the only drawbridge in the metropoli- SEC. 155. REPORT ON ACCELERATED VEHICLE (4) BRIDGE.—The term ‘‘Bridge’’ means the RETIREMENT PROGRAMS. tan Washington, D.C., area on the Interstate Woodrow Wilson Memorial Bridge across the Not later than 180 days after the date of System; Potomac River. (B) the only segment of the Capital Belt- enactment of this Act, the Administrator of (5) CAPITAL REGION JURISDICTION.—The way with only 6 lanes; and the Environmental Protection Agency shall term ‘‘Capital Region jurisdiction’’ means— (C) the only segment of the Capital Belt- transmit to Congress a report evaluating the (A) the Commonwealth of Virginia; way with a remaining expected life of less effectiveness of all accelerated vehicle re- (B) the State of Maryland; or than 10 years; tirement programs described in section (C) the District of Columbia. (7) the Bridge is the only part of the Inter- 108(f)(1)(A)(xvi) of the Clean Air Act (42 (6) INTERSTATE SYSTEM.—The term ‘‘Inter- state System owned by the Federal Govern- U.S.C. 7408(f)(1)(A)(xvi)) in existence on the state System’’ means the Dwight D. Eisen- ment; date of enactment of this Act. The report hower National System of Interstate and De- (8)(A) the Bridge was constructed by the shall evaluate— fense Highways designated under section Federal Government; 103(e) of title 23, United States Code. (1) the certainties of emissions reductions (B) prior to the date of enactment of this gained from each program; (7) NATIONAL CAPITAL REGION.—The term Act, the Federal Government has contrib- ‘‘National Capital Region’’ means the region (2) the variability of emissions of retired uted 100 percent of the cost of building and vehicles; consisting of the metropolitan areas of— rehabilitating the Bridge; and (A)(i) the cities of Alexandria, Fairfax, and (3) the reduction in the number of vehicle (C) the Federal Government has a continu- miles traveled by the vehicles retired as a re- Falls Church, Virginia; and ing responsibility to fund future costs associ- (ii) the counties of Arlington and Fairfax, sult of each program; ated with the upgrading of the Interstate Virginia, and the political subdivisions of (4) the subsequent actions of vehicle own- Route 95 crossing, including the rehabilita- the Commonwealth of Virginia located in ers participating in each program concerning tion and reconstruction of the Bridge; the counties; the purchase of a new or used vehicle or the (9) the Woodrow Wilson Bridge Coordina- (B) the counties of Montgomery and Prince use of such a vehicle; tion Committee, established by the Federal Georges, Maryland, and the political subdivi- (5) the length of the credit given to a pur- Highway Administration and comprised of sions of the State of Maryland located in the chaser of a retired vehicle under each pro- representatives of Federal, State, and local counties; and gram; governments, is undertaking planning stud- (C) the District of Columbia. (6) equity impacts of the programs on the ies pertaining to the Bridge, consistent with (8) SECRETARY.—The term ‘‘Secretary’’ used car market for buyers and sellers; and the National Environmental Policy Act of (7) such other factors as the Administrator 1969 (42 U.S.C. 4321 et seq.) and other applica- means the Secretary of Transportation. determines appropriate. ble Federal laws; SEC. 205. ESTABLISHMENT OF AUTHORITY. SEC. 156. INTERCITY RAIL INFRASTRUCTURE IN- (10) the transfer of ownership of the Bridge (a) CONSENT TO AGREEMENT.—Congress VESTMENT FROM MASS TRANSIT AC- to a regional entity under the terms and con- grants consent to the Commonwealth of Vir- COUNT OF HIGHWAY TRUST FUND. ditions described in this title would foster ginia, the State of Maryland, and the Dis- Section 5323 of title 49, United States Code, regional transportation planning efforts to trict of Columbia to enter into an interstate is amended by adding at the end the follow- identify solutions to the growing problem of agreement or compact to establish the Na- ing new subsection: traffic congestion on and around the Bridge; tional Capital Region Interstate Transpor- ‘‘(m) INTERCITY RAIL INFRASTRUCTURE IN- (11) any material change to the Bridge tation Authority in accordance with this VESTMENT.—Any assistance provided to a must take into account the interests of near- title. State that does not have Amtrak service as by communities, the commuting public, Fed- (b) ESTABLISHMENT OF AUTHORITY.— of date of enactment of this Act from the eral, State, and local government organiza- (1) IN GENERAL.—On execution of the inter- Mass Transit Account of the Highway Trust tions, and other affected groups; and state agreement or compact described in Fund may be used for capital improvements (12) a commission of congressional, State, subsection (a), the Authority shall be consid- to, and operating support for, intercity pas- and local officials and transportation rep- ered to be established. senger rail service.’’. resentatives has recommended to the Sec- (2) GENERAL POWERS.—The Authority shall SEC. 157. MORATORIUM. retary of Transportation that the Bridge be be a body corporate and politic, independent (a) IN GENERAL.—Notwithstanding any transferred to an independent authority to of all other bodies and jurisdictions, having other provision of law, no agency of the Fed- be established by the Capital Region juris- the powers and jurisdiction described in this eral Government may take any action to dictions. title and such additional powers as are con- prepare, promulgate, or implement any rule SEC. 203. PURPOSES. ferred on the Authority by the Capital Re- or regulation addressing rights-of-way au- The purposes of this title are— gion jurisdictions, to the extent that the ad- thorized pursuant to Revised Statutes 2477 (1) to grant consent to the Commonwealth ditional powers are consistent with this (43 U.S.C. 932), as such law was in effect prior of Virginia, the State of Maryland, and the title. to October 21, 1976. District of Columbia to establish the Na- SEC. 206. GOVERNMENT OF AUTHORITY. (b) SUNSET.—This section shall cease to tional Capital Region Interstate Transpor- (a) IN GENERAL.—The Authority shall be have any force or effect after December 1, tation Authority; and governed in accordance with this section and 1995. (2) to authorize the transfer of ownership with the terms of any interstate agreement of the Bridge to the Authority for the pur- TITLE II—NATIONAL CAPITAL REGION or compact relating to the Authority that is poses of owning, constructing, maintaining, INTERSTATE TRANSPORTATION AU- consistent with this title. and operating a bridge or tunnel or a bridge THORITY (b) BOARD.—The Authority shall be gov- and tunnel project across the Potomac erned by a board of directors consisting of 12 SEC. 201. SHORT TITLE. River. members appointed by the Capital Region ju- This title may be cited as the ‘‘National SEC. 204. DEFINITIONS. risdictions and 1 member appointed by the Capital Region Interstate Transportation In this title: Secretary. Authority Act of 1995’’. (1) AUTHORITY.—The term ‘‘Authority’’ (c) QUALIFICATIONS.—One member of the SEC. 202. FINDINGS. means the National Capital Region Inter- Board shall have an appropriate background Congress finds that— state Transportation Authority authorized in finance, construction lending, or infra- (1) traffic congestion imposes serious eco- by this title and by similar enactment by structure policy. nomic burdens on the metropolitan Washing- each of the Capital Region jurisdictions. (d) CHAIRPERSON.—The chairperson of the ton, D.C., area, costing each commuter an (2) AUTHORITY FACILITY.—The term ‘‘Au- Board shall be elected biennially by the estimated $1,000 per year; thority facility’’ means— members of the Board.VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 H 9318 CONGRESSIONAL RECORD — HOUSE September 20, 1995

(e) SECRETARY AND TREASURER.—The Board (A) relieve the Capital Region jurisdictions real property, by purchase, lease, gift, trans- may— of the sole and exclusive responsibility to fer, or exchange; and (1) biennially elect a secretary and a treas- maintain and operate the Bridge; or (B) exercise such powers of eminent do- urer, or a secretary-treasurer, without re- (B) relieve the Secretary of the responsibil- main in the Capital Region jurisdictions as gard to whether the individual is a member ity to rehabilitate the Bridge or to comply are conferred on the Authority by the Cap- of the Board; and with the National Environmental Policy Act ital Region jurisdictions, in the exercise of (2) prescribe the powers and duties of the of 1969 (42 U.S.C. 4321 et seq.) and all other the powers and the performance of the duties secretary and treasurer, or the secretary- requirements applicable with respect to the of the Authority; treasurer. Bridge. (6) to apply for and accept any property, (f) TERMS.— (b) CONVEYANCE BY THE SECRETARY OF THE material, service, payment, appropriation, (1) IN GENERAL.—Except as provided in INTERIOR.—At the same time as the convey- grant, gift, loan, advance, or other fund that paragraph (2), a member of the Board shall ance of the Bridge by the Secretary under is transferred or made available to the Au- serve for a 6-year term, and shall continue to subsection (a), the Secretary of the Interior thority by the Federal Government or by serve until the successor of the member has shall transfer to the Authority all right, any other public or private entity or individ- been appointed in accordance with this sub- title, and interest of the Department of the ual; section. Interior in and to such land under or adja- (7) to borrow money on a short-term basis (2) INITIAL APPOINTMENTS.— cent to the Bridge as is necessary to carry and issue notes of the Authority for the bor- (A) BY CAPITAL REGION JURISDICTIONS.— out section 208. Upon conveyance by the Sec- rowing payable on such terms and conditions Members initially appointed to the Board by retary of the Interior, the Authority shall as the Board considers advisable, and to a Capital Region jurisdiction shall be ap- accept the right, title, and interest in and to issue bonds in the discretion of the Author- pointed for the following terms: the land. ity for any purpose consistent with this (i) 1 member shall be appointed for a 6-year (c) AGREEMENT.—The agreement referred title, which notes and bonds— term. to in subsection (a) is an agreement among (A) shall not constitute a debt of the Unit- (ii) 1 member shall be appointed for a 4- the Secretary, the Governors of the Com- ed States, a Capital Region jurisdiction, or year term. monwealth of Virginia and the State of any political subdivision of the United (iii) 2 members shall each be appointed for Maryland, and the Mayor of the District of States or a Capital Region jurisdiction; and a 2-year term. Columbia as to the Federal share of the cost (B) may be secured solely by the general (B) BY SECRETARY.—The member of the of the activities carried out under section revenues of the Authority, or solely by the Board appointed by the Secretary shall be 208. income and revenues of the Bridge or a new appointed for a 6-year term. SEC. 208. CAPITAL IMPROVEMENTS AND CON- crossing of the Potomac River described in (3) FAILURE TO APPOINT.—The failure of a STRUCTION. section 208; Capital Region jurisdiction to appoint 1 or (8) to fix, revise, charge, and collect any more members of the Board, as provided in The Authority shall take such action as is reasonable toll or other charge; this subsection, shall not impair the estab- necessary to address the need of the National (9) to enter into any contract or agreement lishment of the Authority if the condition of Capital Region for an enhanced southern necessary or appropriate to the performance the establishment described in section Capital Beltway crossing of the Potomac of the duties of the Authority or the proper 205(b)(1) has been met. River that serves the traffic corridor of the operation of the Bridge or a new crossing of (4) VACANCIES.—Subject to paragraph (5), a Bridge (as in existence on the date of enact- person appointed to fill a vacancy on the ment of this Act), in accordance with the the Potomac River described in section 208; Board shall serve for the unexpired term. recommendations in the final environmental (10) to make any payment necessary to re- imburse a local political subdivision having (5) REAPPOINTMENTS.—A member of the impact statement prepared by the Secretary. Board shall be eligible for reappointment for The Authority shall have the sole respon- jurisdiction over an area where the Bridge or 1 additional term. sibility for the ownership, construction, op- a new crossing of the Potomac River is situ- ated for any extraordinary law enforcement (6) PERSONAL LIABILITY OF MEMBERS.—A eration, and maintenance of a new crossing member of the Board, including any of the Potomac River. cost incurred by the subdivision in connec- nonvoting member, shall not be personally SEC. 209. ADDITIONAL POWERS AND RESPON- tion with the Authority facility; liable for— SIBILITIES OF AUTHORITY. (11) to enter into partnerships or grant (A) any action taken in the capacity of the In addition to the powers and responsibil- concessions between the public and private member as a member of the Board; or ities of the Authority under the other provi- sectors for the purpose of— (B) any note, bond, or other financial obli- sions of this title and under any interstate (A) financing, constructing, maintaining, gation of the Authority. agreement or compact relating to the Au- improving, or operating the Bridge or a new (7) QUORUM.— thority that is consistent with this title, the crossing of the Potomac River described in (A) IN GENERAL.—Subject to subparagraph Authority shall have all powers necessary section 208; or (B), for the purpose of carrying out the busi- and appropriate to carry out the duties of (B) fostering development of a new trans- ness of the Authority, 7 members of the the Authority, including the power— portation technology; Board shall constitute a quorum. (1) to adopt and amend any bylaw that is (12) to obtain any necessary Federal au- (B) APPROVAL OF BOND ISSUES AND BUDG- necessary for the regulation of the affairs of thorization, permit, or approval for the con- ET.—Eight affirmative votes of the members the Authority and the conduct of the busi- struction, repair, maintenance, or operation of the Board shall be required to approve ness of the Authority; of the Bridge or a new crossing of the Poto- bond issues and the annual budget of the Au- (2) to adopt and amend any regulation that mac River described in section 208; thority. is necessary to carry out the powers of the (13) to adopt an official seal and alter the (8) COMPENSATION.—A member of the Board Authority; seal, as the Board considers appropriate; shall serve without compensation and shall (3) subject to section 207(a)(2), to plan, es- (14) to appoint 1 or more advisory commit- reside within a Capital Region jurisdiction. tablish, finance, operate, develop, construct, tees; (9) EXPENSES.—A member of the Board enlarge, maintain, equip, or protect the (15) to sue and be sued in the name of the shall be entitled to reimbursement for the Bridge or a new crossing of the Potomac Authority; and expenses of the member incurred in attend- River described in section 208; (16) to carry out any activity necessary or ing a meeting of the Board or while other- (4) to employ, in the discretion of the Au- appropriate to the exercise of the powers or wise engaged in carrying out the duties of thority, a consulting engineer, attorney, ac- performance of the duties of the Authority the Board. countant, construction or financial expert, under this title and under any interstate SEC. 207. OWNERSHIP OF BRIDGE. superintendent, or manager, or such other agreement or compact relating to the Au- (a) CONVEYANCE BY SECRETARY.— employee or agent as is necessary, and to fix thority that is consistent with this title, if (1) IN GENERAL.—After the Capital Region the compensation and benefits of the em- the activity is coordinated and consistent jurisdictions enter into the agreement de- ployee or agent, except that— with the transportation planning process im- scribed in subsection (c), the Secretary shall (A) an employee of the Authority shall not plemented by the metropolitan planning or- convey all right, title, and interest of the engage in an activity described in section ganization for the Washington, District of Department of Transportation in and to the 7116(b)(7) of title 5, United States Code, with Columbia, metropolitan area under section Bridge to the Authority. Except as provided respect to the Authority; and 134 of title 23, United States Code, and sec- in paragraph (2), upon conveyance by the (B) an employment agreement entered into tion 5303 of title 49, United States Code. Secretary, the Authority shall accept the by the Authority shall contain an explicit SEC. 210. FUNDING. right, title, and interest in and to the prohibition against an activity described in (a) SET-ASIDE.—Section 104 of title 23, Bridge, and all duties and responsibilities as- subparagraph (A) with respect to the Author- United States Code (as amended by section sociated with the Bridge. ity by an employee covered by the agree- 125(b)(2)(A)), is further amended— (2) INTERIM RESPONSIBILITIES.—Until such ment; (1) in the first sentence of subsection (b), time as a new crossing of the Potomac River (5) to— by striking ‘‘subsection (f) of this section’’ described in section 208 is constructed and (A) acquire personal and real property (in- and inserting ‘‘subsections (f) and (i)’’; operational, the conveyance under paragraph cluding land lying under water and riparian (2) by redesignating subsection (i) as sub- (1) shall in no way— rights), or any easement or other interest in section (j); andVerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 September 20, 1995 CONGRESSIONAL RECORD — HOUSE H 9319 (3) by inserting before subsection (j) the State shall, among countermeasures and pri- (1) Railroad-highway grade crossings following: orities established under subsection (b)(2) of present inherent hazards to the safety of ‘‘(i) WOODROW WILSON MEMORIAL BRIDGE.— that section— railroad operations and to the safety of per- Before making an apportionment of funds (1) include public railroad-highway grade- sons using those crossings. It is in the public under subsection (b), the Secretary shall set crossing closure plans that are aimed at interest— aside $17,550,000 for fiscal year 1996 and eliminating high-risk or redundant crossings (A) to eliminate redundant and high risk $80,050,000 for fiscal year 1997 for the rehabili- (as defined by the Secretary); railroad-highway grade crossings; and tation of the Woodrow Wilson Memorial (2) include railroad-highway grade-crossing (B) to limit the creation of new crossings Bridge and for the planning, preliminary de- policies that limit the creation of new at- to the minimum necessary to provide for the sign, engineering, and acquisition of a right- grade crossings for vehicle or pedestrian reasonable mobility of the American people of-way for, and construction of, a new cross- traffic, recreational use, or any other pur- and their property, including emergency ac- ing of the Potomac River.’’. pose; and cess. (b) APPLICABILITY OF TITLE 23.—Funds (3) include plans for State policies, pro- (2) Elimination of redundant and high-risk made available under this section shall be grams, and resources to further reduce death railroad-highway grade crossings is nec- available for obligation in the manner pro- and injury at high-risk railroad-highway essary to permit optimum use of available vided for funds apportioned under chapter 1 grade crossings. funds to improve the safety of remaining of title 23, United States Code, except that— (b) DEADLINE.—The Secretary of Transpor- crossings, including funds provided under (1) the Federal share of the cost of any tation shall complete the rulemaking pro- Federal law. project funded under this section shall be 100 ceeding described in subsection (a) and pre- (3) Effective programs to reduce the num- percent; and scribe the required amended regulations, not ber of unneeded railroad-highway grade (2) the funds made available under this sec- later than one year after the date of enact- crossings, and to close those crossings that tion shall remain available until expended. ment of this Act. cannot be made reasonably safe (due to rea- (c) STUDY.—Not later than May 31, 1997, the SEC. 304. VIOLATION OF GRADE-CROSSING LAWS sons of topography, angles of intersection, Secretary, in consultation with each of the AND REGULATIONS. etc.), require the partnership of Federal, Capital Region jurisdictions, shall prepare (a) FEDERAL REGULATIONS.—Section 31311 State, and local officials and agencies, and and submit to Congress a report identifying of title 49, United States Code, is amended by affected railroads. the necessary Federal share of the cost of adding at the end the following new sub- (4) Promotion of a balanced national trans- the activities to be carried out under section section: portation system requires that highway planning specifically take into consideration 208. ‘‘(h) GRADE-CROSSING VIOLATIONS.— the interface between highways and the na- (d) DISTRIBUTION OF OBLIGATION AUTHOR- ‘‘(1) SANCTIONS.—The Secretary shall issue ITY.—Section 1002(e)(3) of the Intermodal regulations establishing sanctions and pen- tional railroad system. (b) PARTNERSHIP AND OVERSIGHT.—The Sec- Surface Transportation Efficiency Act of alties relating to violations, by persons oper- retary shall foster a partnership among Fed- 1991 (Public Law 102–240; 23 U.S.C. 104 note) is ating commercial motor vehicles, of laws eral, State, and local transportation officials amended by inserting before the period at and regulations pertaining to railroad-high- and agencies to reduce the number of rail- the end the following: ‘‘and the National way grade crossings. road-highway grade crossings and to improve Capital Region Interstate Transportation ‘‘(2) MINIMUM REQUIREMENTS.—Regulations safety at remaining crossings. The Secretary Authority Act of 1995’’. issued under paragraph (1) shall, at a mini- shall make provisions for periodic review to (e) REMOVAL OF ISTEA AUTHORIZATION FOR mum, require that— ensure that each State (including State sub- BRIDGE REHABILITATION.—Section 1069 of the ‘‘(A) the penalty for a single violation shall divisions and local governments) is making Intermodal Surface Transportation Effi- not be less than a 60-day disqualification of substantial, continued progress toward ciency Act of 1991 (Public Law 102–240; 105 the driver’s commercial driver’s license; and achievement of the purposes of this section. Stat. 2009) is amended by striking subsection ‘‘(B) any employer that knowingly allows, (i). (c) CROSSING FREEZE.—If, upon review, and permits, authorizes, or requires an employee after opportunity for a hearing, the Sec- SEC. 211. AVAILABILITY OF PRIOR AUTHORIZA- to operate a commercial motor vehicle in TIONS. retary determines that a State or political violation of such a law or regulation shall be subdivision thereof has failed to make sub- In addition to the funds made available subject to a civil penalty of not more than under section 210, any funds made available stantial, continued progress toward achieve- $10,000.’’. ment of the purposes of this section, then for the rehabilitation of the Bridge under (b) DEADLINE.—The initial regulations re- sections 1069(i) and 1103(b) of the Intermodal the Secretary shall impose a limit on the quired under section 31310(h) of title 49, Unit- maximum number of public railroad-high- Surface Transportation Efficiency Act of ed States Code, shall be issued not later than 1991 (Public Law 102–240; 105 Stat. 2009 and way grade crossings in that State. The limi- one year after the date of enactment of this tation imposed by the Secretary under this 2028) (as in effect prior to the amendment Act. made by section 210(e)) shall continue to be subsection shall remain in effect until the (c) STATE REGULATIONS.—Section 31311(a) State demonstrates compliance with the re- available after the conveyance of the Bridge of title 49, United States Code, is amended by to the Authority under section 207(a), in ac- quirements of this section. In addition, the adding at the end the following new para- Secretary may, for a period of not more than cordance with the terms under which the graph: funds were made available under the Act. 3 years after such a determination, require ‘‘(18) GRADE-CROSSING REGULATIONS.—The compliance with specific numeric targets for TITLE III—FEDERAL HIGHWAY AND State shall adopt and enforce regulations net reductions in the number of railroad- RAILROAD GRADE CROSSING SAFETY prescribed by the Secretary under section highway grade crossings (including specifica- SEC. 301. SHORT TITLE. 31310(h) of this title.’’. tion of hazard categories with which such This title may be cited as the ‘‘Federal SEC. 305. SAFETY ENFORCEMENT. crossings are associated). Highway and Railroad Grade Crossing Safety (a) COOPERATION BETWEEN FEDERAL AND (d) REGULATIONS.—The Secretary shall Act of 1995’’. STATE AGENCIES.—The National Highway issue such regulations as may be necessary SEC. 302. INTELLIGENT VEHICLE-HIGHWAY SYS- Traffic Safety Administration, and the Of- to carry out this section. TEMS. fice of Motor Carriers within the Federal MOTION OFFERED BY MR. SHUSTER In implementing the Intelligent Vehicle- Highway Administration, shall on a continu- Mr. SHUSTER. Mr. Speaker, I offer a Highway Systems Act of 1991 (23 U.S.C. 307 ing basis cooperate and work with the Na- motion. tional Association of Governors’ Highway note), the Secretary of Transportation shall The Clerk read as follows: ensure that the National Intelligent Vehicle- Safety Representatives, the Commercial Ve- Highway Systems Program addresses, in a hicle Safety Alliance, and Operation Life- Mr. SHUSTER moves to strike all after the comprehensive and coordinated manner, the saver, Inc., to improve compliance with and enacting clause of S. 440 and insert in lieu use of intelligent vehicle-highway tech- enforcement of laws and regulations pertain- thereof the text of H.R. 2274 as passed by the nologies to promote safety at railroad-high- ing to railroad-highway grade crossings. House. way grade crossings. The Secretary of Trans- (b) REPORT.—The Secretary of Transpor- The motion was agreed to. portation shall ensure that two or more tation shall submit a report to Congress by The Senate bill was ordered to be operational tests funded under such Act January 1, 1996, indicating (1) how the De- read a third time, was read the third shall promote highway traffic safety and partment worked with the above mentioned time, and passed. railroad safety. entities to improve the awareness of the The title of the Senate bill was SEC. 303. STATE HIGHWAY SAFETY MANAGEMENT highway and commercial vehicle safety and amended so as to read: ‘‘A bill to law enforcement communities of regulations SYSTEMS. amend title 23, United States Code, to (a) AMENDMENT OF REGULATIONS.—The Sec- and safety challenges at railroad-highway retary of Transportation shall conduct a grade crossings, and (2) how resources are designate the National Highway Sys- rulemaking proceeding to amend the regula- being allocated to better address these chal- tem, and for other purposes.’’ tions under section 500.407 of title 23, Code of lenges and enforce such regulations. A motion to reconsider was laid on Federal Regulations, to require that each SEC. 306. CROSSING ELIMINATION; STATEWIDE the table. highway safety management system devel- CROSSING FREEZE. A similar House bill (H.R. 2274) was oped, established, and implemented by a (a) STATEMENT OF POLICY.— laid on the table.VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1 H 9320 CONGRESSIONAL RECORD — HOUSE September 20, 1995 APPOINTMENT OF CONFEREES tarian dictatorship, but recently, in port the rule as well as the underlying Mr. SHUSTER. Mr. Speaker, pursu- the Ways and Means Committee I at- legislation. ant to clause 1 of rule XX and at the di- tended a meeting regularly called and I Mr. Speaker, I reserve the balance of rection of the Committee on Transpor- attempted to speak on a motion that my time. tation and Infrastructure, I move to in- was being made. I was immediately cut Mr. HALL of Ohio. Mr. Speaker, I sist on the House amendments to S. 440 off by a parliamentary maneuver, and yield myself such time as I may and to request a conference with the not given a chance to speak. consume. (Mr. HALL of Ohio asked and was Senate thereon. b The motion was agreed to. 1800 given permission to revise and extend The SPEAKER pro tempore. Without I have been here 33 years, Mr. Speak- his remarks.) objection, the Chair appoints the fol- er. I do not believe I have ever seen Mr. HALL of Ohio. Mr. Speaker, I lowing conferees: that happen, I know in the Committee would like to commend my colleague From the Committee on Transpor- on Ways and Means, and I have never from Colorado, Mr. MCINNIS, as well as tation and Infrastructure for consider- seen it happen on this floor. I know my colleagues on the other side of the ation of the Senate bill and the House that my Republican friends are trying aisle for bringing this rule to the floor. amendments, and modifications com- to hide their Medicare program from House Resolution 223 makes it in mitted to conference: Messrs. SHUSTER, the American public, and we are doing order to consider the conference report CLINGER, PETRI, EMERSON, LAHOOD, MI- the best we can to let the American on H.R. 1817, the military construction NETA, OBERSTAR, and RAHALL. public know what is going on. But the appropriation bill for fiscal 1996 and There was no objection. kind of parliamentary procedure I see waives all points of order against the f around here now shocks me. This body conference report. The Rules Commit- is going to be seriously injured if we tee reported the rule without opposi- REQUEST TO SPEAK OUT OF act in an authoritarian way and allow tion by voice vote. ORDER no debate. The conference report on H.R. 1817 Mr. GIBBONS. Mr. Speaker, I ask f appropriates $4.3 billion for family unanimous consent to speak out of housing, $3.9 billion for base realign- order. CONFERENCE REPORT ON H.R. 1817, ment and closure projects, and $2.8 bil- The SPEAKER pro tempore. Is there MILITARY CONSTRUCTION AP- lion for other military construction. objection to the request of the gen- PROPRIATIONS ACT, 1996 The funds will allow the Department of tleman from Florida? Mr. MCINNIS. Mr. Speaker, by direc- Defense to maintain adequate housing Mr. MCINNIS. Mr. Speaker, reserving tion of the Committee on Rules, I call for members of the Armed Forces. It the right to object, I am inquiring is up House Resolution 223 and ask for its will also provide construction funds for this a 1-minute? What is the period of immediate consideration. upgrading existing structures and time being granted to the gentleman? The Clerk read the resolution, as fol- building new facilities. Mr. GIBBONS. Three minutes, Mr. lows: I am pleased that the conference re- port includes $10 million for construc- Speaker. H. RES. 223 tion projects at Wright-Patterson Air The SPEAKER pro tempore. The gen- Resolved, That upon adoption of this reso- tleman has asked for 3 minutes. Is lution it shall be in order to consider the Force Base. This includes $4.1 million there objection to the request of the conference report to accompany the bill to upgrade a 40-year-old electrical dis- gentleman from Florida? (H.R. 1817) making appropriations for the fis- tribution system that supports labora- Mr. CHRISTENSEN. Mr. Speaker, I cal year ending September 30, 1996, and for tories on the base. The funds also in- object. other purposes. All points of order against clude $5.9 million for a much-needed the conference report and against its consid- renovation of 66 units of housing at The SPEAKER pro tempore. Objec- eration are waived. tion is heard. Page Manor, a neighborhood of homes The SPEAKER pro tempore. The gen- for junior officers and enlisted person- f tleman from Colorado [Mr. MCINNIS] is nel at Wright-Patterson. REQUEST TO ADDRESS THE HOUSE recognized for 1 hour. Mr. Speaker, I urge adoption of the FOR 1 MINUTE Mr. MCINNIS. Mr. Speaker, for the rule. purpose of debate only, I yield the cus- Mr. Speaker, I have no further speak- Mr. GIBBONS. Mr. Speaker, I ask tomary 30 minutes to the gentleman ers, and I yield back the balance of my unanimous consent to speak out of from Ohio [Mr. HALL], pending which I time. order for 1 minute. yield myself such time as I may Mr. MCINNIS. Mr. Speaker, I have no The SPEAKER pro tempore. Is there consume. During the consideration of further requests for time, I yield back objection to the request of the gen- this resolution, all time yielded is for the balance of my time, and I move the tleman from Florida? the purpose of debate only. previous question on the resolution. Mr. CAMP. Mr. Speaker, I object. House Resolution 223 is a straight- The previous question was ordered. The SPEAKER pro tempore. Objec- forward resolution. The proposed rule The resolution was agreed to. tion is heard. merely waives all points of order A motion to reconsider was laid on f against the conference report and the table. against its consideration. This resolu- Mrs. VUCANOVICH. Mr. Speaker, REQUEST TO SPEAK ON POINT OF tion was reported out of the Committee pursuant to House Resolution 223, I PERSONAL PRIVILEGE on Rules by voice vote. call up the conference report on the Mr. GIBBONS. Mr. Speaker, I ask Mr. Speaker, the conference report bill (H.R. 1817) making appropriations unanimous consent to speak on a point on H.R. 1817, the legislation making ap- for military construction, family hous- of personal privilege. propriations for military construction, ing, and base realignment and closure The SPEAKER pro tempore. The family housing, and base realignment for the Department of Defense for the Chair cannot entertain a unanimous- and closure for the Department of De- fiscal year ending September 30, 1996, consent request to speak on a point of fense for fiscal year 1996 is critical leg- and for other purposes. personal privilege. islation. This conference report appro- The Clerk read the title of the bill. f priates $11.2 billion in fiscal year 1996, The SPEAKER pro tempore. Pursu- the same as the House-passed bill, and ant to the rule, the conference report is FREE AND FULL DEBATE MUST $2.5 billion more than in fiscal year considered as having been read. BE ALLOWED IN THE HOUSE 1995. Additionally, 40 percent of the (For conference report and state- (Mr. GIBBONS asked and was given funds in the bill are appropriated for ment, see proceedings of the House of permission to address the House for 1 family housing. Furthermore, $3.9 bil- September 14, 1995, at page H8954.) minute.) lion, 35 percent of the total bill, is ap- PARLIAMENTARY INQUIRY Mr. GIBBONS. Mr. Speaker, I do not propriated for base realignment and Mr. OBEY. Mr. Speaker, I have a par- want to turn this body into an authori- closure. I urge my colleagues to sup- liamentary inquiry.VerDate 20-SEP-95 07:02 Sep 21, 1995 Jkt 099061 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\CRI\H20SE5.REC h20se1