102d CONGRESS
1st Session
H. R. 2950
AMENDMENT
HR 2950 EAS
In the Senate of the United States,
October 31 (legislative day, October 29), 1991.
Resolved, That the bill from the House of Representatives (H.R. 2950)
entitled `An Act to amend title 23, United States Code, and for other
purposes' do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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This Act may be cited as the `Surface Transportation Efficiency Act of 1991'.

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Sec. 140A. Highway construction training.
Sec. 140B. Erosion control guidelines.
Sec. 140C. International highway transportation outreach program.
Sec. 140D. Education and training program.
Sec. 140E. National Highway Institute.
Sec. 140F. Use of zebra mussels in infrastructure.
Sec. 140G. Infrastructure Investment Commission.
Sec. 140H. Regulatory interpretation.
Sec. 140I. Clear gasoline requirement.
Sec. 140J. National defense highways.
Sec. 140K. Allocation formula study.
Sec. 140L. Storm water permit requirements.
Sec. 140M. Investigation and report.
Sec. 140N. Report on the use or oxygenated fuels in certain cities and
metropolitan statistical areas.
Sec. 140O. Youth jobs highway beautification program.
Sec. 140P. Interstate transportation agreements and compacts.
Sec. 140Q. Substitute project.
Sec. 140R. Montana-Canada trade.
Sec. 140S. Level of effort apportionment bonuses.
Sec. 140T. National policy for infrastructure reuse.
Sec. 140U. Declaration of nonnavigability of portion of Hudson River, New York.
Sec. 140V. Sense of the Senate
Part B--National Recreational Trails Fund Act

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Part C--Intelligent Vehicle-Highway Systems Act

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Part D--Relocation Assistance and Real Property Acquisition

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Electrification Administration.
Part A--National Highway Traffic Safety Administration Authorization

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TITLE II

-HIGHWAY SAFETY

Part B--Motor Carrier Safety Assistance Program Reauthorization

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work contracts and full funding grant contracts.

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TITLE III

-FEDERAL TRANSIT ACT OF 1991

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As used in this Act, the term `Secretary' means the Secretary of
Transportation.
TITLE I
PART A--GENERAL PROVISIONS

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TITLE IV

-PRIVATE PROPERTY RIGHTS

(a) Subsection 101(b) of title 23, United States Code, is amended to read
as follows:
`(b) DECLARATION OF POLICY- The National Systems of Interstate and Defense
Highways is completed. The principal purpose of Federal highway assistance
shall henceforth be to improve the efficiency of the existing surface
transportation system.
`It is the policy of the United States to facilitate innovation and
competition, energy efficiency, productivity and accountability in
transportation modes through Federal and State initiative.
`It is the policy of the United States to increase productivity in the
transportation sector of the economy through systematic attention to
costs and benefits, pursuing the most efficient allocation of costs and
the widest distribution of benefits.'.
(b) Subsections 101(d) and 101(e) of title 23, United States Code, are
hereby repealed.
(c) The Secretary shall distribute copies of the Declaration of Policy
contained in this section to each employee of the Federal Highway
Administration, and shall ensure that such Declaration of Policy is posted
in all offices of the Federal Highway Administration.

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(A) REPEAL OF FISCAL YEAR 1993 AUTHORIZATION FOR INTERSTATE CONSTRUCTION-
Section 108(b) of the Federal-Aid Highway Act of 1956 is amended by--
(1) inserting `and' after `1991';
(2) striking the coma after 1992' and inserting in lieu thereof a period; and
(3) striking `and the additional sum of $1,400,000,000 for the fiscal year
ending September 30, 1993'.
(b) AUTHORIZATIONS- The following sums are authorized to be appropriated
out of the Highway Account of the Highway Trust Fund:
(1) SURFACE TRANSPORTATION PROGRAM- For the Surface Transportation Program
$7,330,000,000 for fiscal year 1992, $7,700,000,000 for fiscal year 1993,
$8,260,000,000 for fiscal year 1994, $9,250,000,000 for fiscal year 1995,
and $12,260,000,000 for fiscal year 1996.
(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For Congestion
Mitigation and Air Quality Improvement $1,000,000,000 per fiscal year for
each of fiscal years 1992, 1993, 1994, 1995, and 1996.
(3) BRIDGE PROGRAM- For the Bridge Program $2,350,000,000 for fiscal year
1992, $2,440,000,000 for fiscal year 1993, $2,580,000,000 for fiscal year
1994, $2,820,000,000 for fiscal year 1995, and $3,230,000,000 for fiscal
year 1996.
(4) INTERSTATE MAINTENANCE PROGRAM- For resurfacing, restoring and
rehabilitating the National System of Interstate and Defense Highways,
$2,530,000,000 for fiscal year 1992, $2,620,000,000 for fiscal year 1993,
$2,770,000,000 for fiscal year 1994, $3,020,000,000 for fiscal year 1995,
and $3,250,000,000 for fiscal year 1996.
(5) INTERSTATE CONSTRUCTION PROGRAM- For construction to complete the
Interstate System, $1,800,000,000 for fiscal year 1993, 1994, 1995, and
1996: Provided, That section 102(c) of the Federal-Aid Highway Act of 1987,
regarding minimum apportionment, is hereby repealed: And provided further,
That such sums shall be obligated as if authorized by section 108(b)
of the Federal-Aid Highway Act of 1956.
(6) INTERSTATE SUBSTITUTION PROGRAM- For the Interstate Substitution Program
for projects under highway or transit assistance programs $240,000,000 for
each of fiscal years 1992, 1993, 1994, and 1995: Provided, That such sum
shall be obligated as if authorized by section 103(e)(4)(G) of title 23,
United States Code, for highway assistance programs.
(7) FEDERAL LANDS HIGHWAY PROGRAM-
(A) For Indian reservation roads $200,000,000 for each of fiscal years 1992,
1993, 1994, 1995, and 1996.
(B) For public lands highways $200,000,000 for each of fiscal years 1992,
1993, 1994, 1995, and 1996.
(C) For parkways and park highways $120,000,000 for each of fiscal years
1992, 1993, 1994, 1995, and 1996.
(8) TERRITORIAL HIGHWAY PROGRAM- For the Territorial Highway Program
$15,000,000 for each of fiscal years 1992, 1993, 1994, 1995, and 1996.
(9) NATIONAL MAGNETIC LEVITATION DESIGN PROGRAM- For the National Magnetic
Levitation Design Program $50,000,000 for fiscal year 1992, $75,000,000
for fiscal year 1993, $125,000,000 for fiscal year 1994, $250,000,000 for
fiscal year 1995, and $250,000,000 for fiscal year 1996.
(10) FEDERAL HIGHWAY ADMINISTRATION RESEARCH PROGRAMS- For the purpose
of carrying out research as authorized by section 307, the amount of
$120,000,000 for each of fiscal years 1992, 1993, 1994, 1995, and 1996:
Provided, That such amount shall be made available from within the amount
of the deduction authorized pursuant to section 104(a) of title 23, United
States Code.
(11) UNIVERSITY TRANSPORTATION CENTERS PROGRAM- For carrying out the
University Transportation Centers Program pursuant to the Urban Mass
Transportation Act of 1964, as amended, $5,000,000 for each of fiscal
years 1992, 1993, 1994, 1995, and 1996.
(12) HIGHWAY USE TAX EVASION PROJECTS- (A) For highway use tax evasion
projects $5,000,000 for each of fiscal years 1992, 1993, 1994, 1995, and
1996: Provided, That these sums shall be available until expended and may
be allocated to the Internal Revenue Service of States at the discretion
of the Secretary: Provided further, That these funds shall be used only
to expand efforts to enhance motor fuel tax enforcement, fund additional
Internal Revenue Service staff (only for purposes under this paragraph),
supplement motor fuel tax examination and criminal investigation, develop
automated data processing tolls, evaluate and implement registration and
reporting requirements, reimburse State expenses that supplement existing
fuel tax compliance efforts, and analyze and implement programs to reduce
tax evasion associated with other highway use taxes.
(B) The Secretary shall report on October 1 and April 1 of each year to the
Committee on Environment and Public Works of the Senate and the Committee
on Public Works and Transportation of the House of Representatives on the
expenditure of all funds under this paragraph, including expenses for the
hiring of additional staff by any Federal agency and any expenditures for
outside consultants.
(13) SAFETY BELT AND MOTORCYCLE HELMET USE- For the purpose of carrying out
programs under section 153 of title 23, United States Code, $45,000,000
for fiscal year 1992, $30,000,000 for fiscal year 1993, and $25,000,000
for fiscal year 1994.

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(a) GENERAL LIMITATION- Notwithstanding any other provision of law,
the total of all obligations for Federal-aid highway programs or State
allocations made pursuant to section 143 shall not exceed--
(1) $15,480,000,000 for fiscal year 1992;
(2) $16,721,000,000 for fiscal year 1993;
(3) $18,726,000,000 for fiscal year 1994;
(4) $20,687,000,000 for fiscal year 1995; and
(5) $23,467,000,000 for fiscal year 1996:
Provided, That limitations under this section shall not apply to obligations
for emergency relief pursuant to section 125 and obligations for minimum
allocation pursuant to section 157.
(b) DISTRIBUTION OF OBLIGATION AUTHORITY- For each of fiscal years 1992,
1993, 1994, 1995 and 1996, the Secretary shall distribute the limitation
imposed by subsection (a) by allocation in the ratio which sums authorized
to be appropriated for Federal-aid highways which are apportioned or
allocated to each State for such fiscal year bears to the total of the
sums authorized to be appropriated for Federal-aid highways which are
apportioned or allocated to all the States for such fiscal year.
(c) LIMITATION ON OBLIGATION AUTHORITY- During the period October 1 through
December 31 of each fiscal year 1992, 1993, 1994, 1995, and 1996 no State
shall obligate more than 35 per centum of the amount distributed to that
State under subsection (b) for that fiscal year, and the total of all State
obligations during the period shall not exceed 25 per centum of the total
amount distributed to all States under subsection (b) for that fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY- Notwithstanding
subsections (b) and (c), the Secretary shall--
(1) provide all States with authority sufficient to prevent unintended lapses
of sums authorized to be appropriated for Federal-aid highways and highway
safety construction which have been apportioned or allocated to a State:
(2) after August 1 of each of fiscal years 1992, 1993, 1994, 1995 and
1996, revise a distribution of funds made available under subsection (b)
for that fiscal year if a State will not obligate the amount distributed
to it during that fiscal year and redistribute sufficient amounts to
those States able to obligate amounts in addition to those previously
distributed during the fiscal year, first in accordance with paragraph
(4) of this subsection and, to the extent further obligation authority
is available after distribution of the maximum permitted under paragraph
(4), then by distributing the remainder giving priority to those States
having large unobligated balances of funds apportioned under section 104
and section 144 of title 23, United States Code; and
(3) not distribute amounts authorized for administrative expenses, the
Federal lands highways program, and the National Magnetic Levitation
Design Program.
(4)(A) Subject to subparagraph (B), a State which after August 1 and on or
before September 30 of fiscal year 1992, 1993, 1994, 1995, or 1996, obligates
the amount distributed to such State in such fiscal year under subsection
(b) may obligate for Federal-aid highways and highway safety construction
on or before September 30 of such fiscal year an additional amount not
to exceed 5 per centum of the aggregate amount of funds apportioned or
allocated to such State--
(i) under sections 104 and 144; and
(ii) for highway assistance projects under section 103(e)(4), which are
not obligated on the date such State completes obligation of the amount
so distributed.
(B) LIMITATION- During the period August 2 through September 30 of each of
fiscal years 1992 through 1996, the aggregate amount which may be obligated
by all States pursuant to subparagraph (A) shall not exceed 2.5 per centum
of the aggregate amount of funds apportioned or allocated to all States--
(i) under sections 104 and 144, and
(ii) for highway assistance projects under section 103(e)(4), which would
not be obligated in such fiscal year if the total amount of obligational
authority provided by subsection (a) for such fiscal year were utilized.
(C) Limitation on applicability-
(i) Subparagraph (A) shall not apply in a fiscal year to any State which on
or after August 1 of that fiscal year has the amount distributed to such
State under subsection (b) for such fiscal year reduced under paragraph
(d)(2).
(ii) This paragraph does not create obligation authority in addition
to that provided by subsection (a), but concerns only redistribution of
obligation authority.

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Unobligated balances of funds apportioned for the primary, secondary and
urban systems and the railway-highway crossing and hazard elimination
programs may be obligated for the Surface Transportation Program as if
they had been apportioned for that program.

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(a) ESTABLISHMENT OF PROGRAM- Title 23, United States Code, is amended by
adding the following new section:
`Sec. 133. Surface Transportation Program
`The Secretary shall establish a Surface Transportation Program in accordance
with this section.
`(a) ELIGIBILITY- Projects eligible under the Surface Transportation
program shall include--
`(1) construction, reconstruction, rehabilitation, resurfacing, restoration,
mitigation of damage to wildlife, habitat, and ecosystems caused by a
transportation project funded under this title, and operational improvements
for highways (including Interstate highways) and bridges  (including bridges
on public roads of all functional classifications), including any such
construction or reconstruction necessary to accommodate  other transportation
modes, and including the seismic retrofit, painting of and application of
calcium magnesium acetate on bridges and other elevated structures;
`(2) capital costs for mass transit, passenger rail (including high speed
rail), and operating cost for passenger rail for States without Amtrak
service as of the date of enactment of this Act, publicly owned intra- or
inter-city bus terminals and facilities, and magnetic levitation systems,
including expenditures on rights of way and associated facilities, and
expenses for contracted passenger rail or magnetic levitation service
provided by public or private carriers;
`(3) carpool projects and fringe and corridor parking facilities and
programs, and bicycle facilities and programs;
`(4) surface transportation safety improvements and programs, including
highway safety improvement projects, hazard eliminations, projects to
mitigate hazards caused by wildlife, and railway-highway grade crossings;
`(5) surface transportation research and development programs;
`(6) capital and operating costs for traffic monitoring, management and
control facilities and programs;
`(7) surface transportation planning programs;
`(8) transportation enhancement activities as defined in section 101;
`(9) transportation control measures listed in section 108(f) of the Clean
Air Act, as amended;
`(10) incremental costs attributable to the use of alternative fuels by
school buses, including purchase and installation of alternative fuel
refueling facilities to be used primarily for school bus refueling
and conversion of school buses to make them capable of using only an
alternative fuel (except that diesel school buses may be converted to run
on a combination of diesel and natural gas): Provided, That any conversion
using funds authorized by this paragraph comply with the warranty and
safety requirements for alternative fuel conversions contained in section
247 of the Clean Air Act Amendments of 1990: Provided further, That for
purposes of this paragraph, `alternative fuels' means methanol, ethanol,
and other alcohols; mixtures containing 85 percent or more by volume of
methanol, ethanol, or other alcohol with gasoline or other fuels; natural
gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; and
electricity; and
`(11) any other purpose approved by the Secretary.
Provided, That projects other than those described in paragraphs (3) and
(4) may not be undertaken on roads functionally classified as local or rural
minor collector, unless such roads are on a Federal-aid highway system as of
January 1, 1991, except as approved by the Secretary. Surface Transportation
Program funds may be used--
`(A) as part of a highway construction project, or as a separate effort,
to mitigate wetland loss related to highway construction; or
`(B) to contribute to statewide efforts to conserve and restore wetlands
adversely affected by highway construction
if such efforts comply with all applicable requirements of and regulations
under Federal law, including but not limited to the National Environmental
Policy Act, the Endangered Species Act, and the Federal Water Pollution
Control Act. These efforts may include the development of statewide wetland
conservation plans, and other State or regional efforts to conserve and
restore wetlands. Contributions toward these efforts may occur in advance of
specific highway construction activity only if the State has a transportation
planning process that precludes the use of such efforts to influence the
environmental assessment of the highway construction project, the decision
relative to the need to construct the highway project, or the selection of
the project design or location.
`(b) General Requirements-
`(1)(A) At least 75 per centum of apportionments and obligation authority
made available to a State for the Surface Transportation Program in any
year shall be divided between--
`(i) the metropolitan areas of the State with a metropolitan  statistical
area population of over two hundred and fifty thousand; and
`(ii) the other areas of the State;
in proportion to their relative share of the State's population. The remaining
25 per centum of funds may be programmed in any area of the State.
`(B) Notwithstanding the requirements of subparagraph (A), in any State
where--
`(i) greater than 80 per centum of the population of such State is located
in one or more metropolitan statistical areas and greater than 80 per
centum of the land area of such State is owned by the United States
only 35 per centum of Surface Transportation Program funds shall be divided
based on the formula provided in subparagraph (A). The remaining 65 per
centum of funds may be programmed in any area of the State.
`(C) The requirements of subparagraph (A) shall not apply to any State
which is noncontiguous with the continental United States.
`(2) Programming and expenditure of funds for projects in metropolitan
areas shall be consistent with the requirements of section 134, regarding
metropolitan planning.
`(3) Programming and expenditure of funds for projects in non-metropolitan
areas shall be consistent with the provisions of section 135, regarding
statewide planning.
`(4) Of the apportionments made available to a State under this section, each
State must assure that no less than 8 per centum of such funds are programmed
for transportation enhancement activities, as defined in section 101.
`(5) In the case where a State constructs a facility under this program
with a Federal share of 80 per centum and later converts the facility to
operation such that the project would originally have been undertaken with a
Federal share of 75 per centum, the State shall repay to the United States,
with interest, the amount of the difference in the cost to the United States.
`(6) Each State shall assure that funds attributed to metropolitan and
nonattainment areas pursuant to paragraph (1) shall be divided among such
areas in a fair and equitable manner based on the relative population of
such areas, except that the State may divide funds based on other factors
if the State and the relevant metropolitan planning organizations jointly
apply to the Secretary for the permission to do so and the Secretary grants
the request.
`(7) Each State shall assure that funds attributed to attainment and
non-metropolitan areas pursuant to paragraph (1) shall be distributed
fairly and equitably among those areas.
`(c) Administration-
`(1) If the Secretary determines that a State or local government has failed
to comply substantially with any provision of this section, the Secretary
shall notify the State, that, if it fails to take corrective action within
sixty days from the receipt of the notification, the Secretary will withhold
future payments under this section until the Secretary is satisfied that
appropriate corrective action has been taken.
`(2) The Governor of each State shall certify prior to the beginning of each
fiscal year that the State will meet all the requirements of this section
and shall notify the Secretary of the amount of obligations expected to
be incurred for Surface Transportation Program projects during the fiscal
year: Provided, That the State may request adjustment to the obligation
amounts later in the fiscal year. Acceptance  of the notification and
certification shall be deemed a contractual obligation of the United States
for the payment of the Surface Transportation Program funds expected to
be obligated by the State in that fiscal year for projects not subject to
review by the Secretary.
`(3) Projects must be designed, constructed, operated and maintained in
accordance with State laws, regulations, directives, safety standards,
design standards and construction standards.
`(4) Any State may request that the Secretary no longer review and approve
design and construction standards for any project other than a project on
an Interstate highway or other multi-lane limited access control highways,
except as provided in section 102(b), regarding resurfacing projects. After
receiving any such notification the Secretary shall undertake project
review as requested by the State.
`(5) The Secretary shall make payments to a State of costs incurred by
it for the Surface Transportation program. Payments shall not exceed the
Federal share of costs incurred as of the date the State requests payments.
`(d) For purposes of paragraph (1)(A)(i) and paragraph (6) of subsection
(b), the Secretary shall use estimates prepared by the Secretary of Commerce
when determining population figures.'.
(b) APPORTIONMENT- Section 104(b) of title 23, United States Code, is
amended by--
(1) amending paragraph (1) to read as follows:
`(1) SURFACE TRANSPORTATION PROGRAM- For the Surface Transportation Program,
in a manner such that--
`(A) a State's per centum share of all funds allocated or apportioned
pursuant to this title for fiscal year 1992 and any fiscal year thereafter,
excluding funds apportioned or allocated for the Interstate Construction,
Interstate Substitute, Federal Lands Highways, Congestion Mitigation and
Air Quality Improvement, Minimum Allocation, National Magnetic Levitation
Design, and Emergency Relief programs;
shall be equal to--
`(B) such State's per centum share of all apportionments and allocations
received under this title for fiscal years 1987, 1988, 1989, 1990,
and 1991, excluding apportionments and allocations received for the
Interstate Construction, Interstate Substitute, Federal Lands Highways and
Emergency Relief Programs, all apportionments and allocations received for
demonstration projects, and the portion of allocations received pursuant
to section 157, regarding minimum allocation, that is attributable to
apportionments made under the Interstate Construction and Interstate
Substitute programs in such years: Provided, That, in calculating a
State's per centum share under this subparagraph for the purpose of
making apportionments for fiscal years 1992, 1993, 1994, 1995, and 1996,
each State shall be deemed to have received one-half of 1 per centum of
all funds apportioned for the Interstate Construction Program in fiscal
years 1987, 1988, 1989, 1990, and 1991: And provided further, That in any
fiscal year no State shall receive a percentage of total apportionments
and allocations that is less than 70 per centum of its percentage of
total apportionments and allocations for fiscal years 1987, 1988, 1989,
1990, and 1991, except for those States that receive an apportionment for
interstate construction of more than $50,000,000 for fiscal year 1992.
`(C) ENERGY CONSERVATION, CONGESTION MITIGATION, AND CLEAN AIR BONUS-
This paragraph shall apply beginning in fiscal year 1993 and shall apply
only to those States with one or more metropolitan statistical areas with
a population of two hundred fifty thousand or more. The amount of each
such State's Surface Transportation Program funds determined pursuant
to section 133(b)(1)(A)(i) shall be reduced by multiplying such amount
by a factor of 0.9 if the State's vehicle miles of travel per capita
is more than 110 per centum of its vehicle miles of travel in the base
year. Reductions in apportionments made pursuant to the preceding sentence
shall be placed in a Surface Transportation Bonus Fund and shall be used,
to the extent such funds are available, to increase the amount of Surface
Transportation Program funds determined pursuant to section 133(b)(1)(A)(i)
by a factor of 1.1 for each State affected by this paragraph, if such
State's vehicle miles of travel per capita is less than 90 per centum of
its vehicle miles of travel per capita in the base year. Funds remaining
thereafter in the Surface Transportation Bonus Fund, if any, shall be
apportioned to the States affected by this paragraph in proportion to
each State's share of Surface Transportation Program funds  determined
pursuant to section 133(b)(1)(A)(i) among all such States prior to any
adjustments made pursuant to this paragraph. Funds so apportioned shall
be treated as funds pursuant to section 133(b)(1)(A)(i) area treated. For
the purposes of this paragraph, the term `base year' shall mean the year
1990 for fiscal years 1993, 1994, and 1995, and shall mean the year 1995
for fiscal years 1996 and all subsequent fiscal years.
`(D) For purposes of subparagraph (C), the Secretary shall use estimates
prepared by the Secretary of Commerce when determining population figures.'.
(2) striking `upon the Federal-aid systems' and inserting in lieu thereof
`upon the Surface Transportation Program, the Congestion Mitigation and
Air Quality Improvement Program, and the Interstate System';
(3) striking `paragraphs (4) and (5)' and inserting in lieu thereof
`subparagraph (5)(A)'; and
(4) striking `and sections 118(c) and 307(d)' and inserting in lieu thereof
`and section 307'.
(c) FEDERAL SHARE- Section 120(a) of title 23, United States Code,
is amended by striking `Subject to the provisions of subsection (d) of
this section, the' and inserting in lieu thereof `The'; by striking `,
primary, secondary, or urban funds, on the Federal-aid primary system,
the Federal-aid secondary system, and the Federal-aid urban system' and
inserting instead `Surface Transportation Program funds'; and by inserting
`for capital projects that add capacity available to single occupant
vehicles, except where the project consists of a high occupancy vehicle
facility available to single occupant vehicles at other than peak travel
times, and 80 per centum of the cost of construction for other projects',
in two places after the words `cost of construction'.
(d) GUIDANCE- The Secretary shall develop and make available to the States
guidance on how to determine what portion of any project under section 133 of
title 23, United States Code, is eligible for an 80 per centum Federal share.
(e) CONFORMING AMENDMENTS- The analysis of title 23, United States Code,
is amended by striking:
`133. [Repealed Public Law 90-495].'
and inserting in lieu thereof:
`133. Surface Transportation Program.'.

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(a) ESTABLISHMENT OF PROGRAM- Section 149 of title 23, United States Code,
is amended to read as follows:
`Sec. 149. Congestion Mitigation and Air Quality Improvement Program
`The Secretary shall establish a congestion mitigation and air quality
improvement program pursuant to the requirements of this section.
`(a) ELIGIBLE PROJECTS- A project may be funded under the congestion
mitigation and air quality improvement program--
`(1) only if guidance issued by the Environmental Protection Agency
pursuant to section 108(f) of the Clean Air Act, as amended, shows to the
satisfaction of the Secretary, after consultation with the Administrator
of the Environmental Protection Agency, that the project is likely to
contribute to the attainment of any national ambient air quality standard,
except in the case where such guidance is not available, only if the
project is described in section 108(f) of the Clean Air Act, as amended;
`(2) the project is listed in a State implementation plan that has been
approved pursuant to the Clean Air Act, as amended and the project will
have air quality benefits; or
`(3) the Secretary, after consultation with the Administrator of the
Environmental Protection Agency, determines that the project is likely to
contribute to the attainment of any national ambient air quality standard,
whether through reductions in vehicle miles travelled, fuel consumption,
or through other factors; and
`(4) pursuant to this subsection projects which research, develop and test
technologies to control highway related emissions which contribute to the
nonattainment of any ambient air quality standard or the impairment of
visibility within an urbanized area within the State shall be deemed to
be eligible projects; and
only if the project does not result in the construction of new capacity
available to single occupant vehicles, except where the project consists of
a high occupancy vehicle facility available to single occupant vehicles at
other than peak travel times.
`(b) DISTRIBUTION OF FUNDS- Apportionments made under this section shall
be made available in nonattainment areas as defined pursuant to the Clean
Air Act, as amended, with urbanized area populations over fifty thousand in
proportion to the relative share of weighted nonattainment area population as
calculated in section 104(b)(2) within the State: Provided, That each State
that contains a nonattainment area shall receive a minimum apportionment of
one-quarter of 1 per centum of the apportionment made under this section:
Provided further, That the Secretary shall use estimates prepared by the
Secretary of Commerce when determining population figures. Selection of
projects for such funds shall be carried out by the metropolitan planning
organization for each such area in accordance with the provisions of
section 134 of title 23, United States Code.
`(c) FEDERAL SHARE- The Federal Share payable for a project under this
section shall not exceed 80 per centum of the cost of the project.'.
(b) APPORTIONMENT- Section 104(b)(2) is amended to read as follows:
`(2) FOR THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM-
In the ratio which the weighted nonattainment area population of each
State bears to the total weighted nonattainment area population of all
States, where weighted nonattainment area population shall be calculated
by multiplying the population of any nonattainment areas within any State
that is in nonattainment for ozone by a factor of--
`(A) 1.0 if the area is classified as a marginal nonattainment area;
`(B) 1.1 if the area is classified as a moderate nonattainment area;
`(C) 1.2 if the area is classified as a serious nonattainment area;
`(D) 1.3 if the area is classified as a severe nonattainment area;
`(E) 1.4 if the area is classified as an extreme nonattainment area;
where the classification of nonattainment areas is that used in the Clean
Air Act, as amended, and by further multiplying the population of any
non-attainment area by a factor of 1.2 is such area is in nonattainment for
carbon monoxide.'. Notwithstanding any other provision of this section, any
State which is subject to air pollution control measures pursuant to section
184 (related to Interstate Ozone Air Pollution) or section 176A (related to
Interstate Transport Commissions) of the Clean Air Act Amendments of 1990
shall receive a minimum of one-tenth of 1 per centum of the total funds
apportioned under this section.'.
(c) CONFORMING AMENDMENTS- The analysis of chapter 1 of title 23, United
States Code, is amended by striking:
`Sec. 149. Truck lanes.'
and inserting instead:
`Sec. 149. Congestion Mitigation and Air Quality Improvement Program.'.

270d582db9b025f503c25616a4e71048404bdbca2a7a47b24b8691b6cabdbd9d

(a) FEDERAL SHARE- Section 144(f) of title 23, United States Code, is
amended to read as follows:
`(f) The Federal share payable for any project undertaken under this
subsection shall be 80 per centum, except for any costs attributable to
the expansion of the capacity of any bridge or the construction of any new
bridge where such new capacity or new bridge is primarily available to single
occupant vehicles, in which case the Federal share payable shall be 75 per
centum. In the case where a State constructs a bridge or portion thereof not
primarily available to single occupant vehicles pursuant to this section,
and later converts the bridge or portion thereof to be primarily available
to single occupant vehicles, the State shall repay to the United States,
with interest, the amount of the additional cost borne by the United States
that would have been borne by the State had the bridge or portion thereof
been originally available primarily to single occupant vehicles.'.
(b) NEW CAPACITY GUIDANCE- The Secretary shall develop and make available
to the States criteria for determining what share of any project undertaken
pursuant to section 144 of title 23, United States Code, is attributable
to the expansion of the capacity of a bridge where the new capacity is
available to single occupant vehicles.
(c) BRIDGE PAINTING, SEISMIC RETROFIT, AND MAINTENANCE- Section 144(e)
of title 23, United States Code, is amended by adding at the end `Funds
apportioned pursuant to this subsection shall be available for the painting
and seismic retrofit of, or application of calcium magnesium acetate on,
any bridge eligible for assistance under this section.
(d) REPEAL OF DISCRETIONARY BRIDGE PROGRAM- Section 144(g) of title 23,
United States Code, is repealed.
(e) LEVEL OF SERVICE CRITERIA- The Secretary shall, by January 1, 1992, in
consultation with the States, establish level of service criteria for the
Bridge Program: Provided, That, notwithstanding the requirements of such
criteria or of section 144 of title 23, United States Code, up to 35 per
centum of bridge program funds made available to a State in any fiscal year
shall be available for expenditure on any public bridge, provided that such
expenditure conforms with the bridge management system adopted by the State.
(f) CONFORMING AMENDMENTS-
(1) The analysis of chapter 1 of title 23, United States Code, is amended
by striking:
`Sec. 144. Highway bridge replacement and rehabilitation program.'
and inserting in lieu thereof:
`Sec. 144. Bridge Program.'
(2) Section 144 of title 23, United States Code, is amended as follows:
(A) The title is amended to read:
`Sec.  144. Bridge Program'.
(B) Subsection (b) is repealed; and subsection (c) is amended by striking',
other than those on any Federal-aid system,' and by striking `on and off
the Federal-aid system;'.
(C) Subsection (e) is amended by striking `(1) Federal-aid system bridges
eligible for replacement, (2) Federal-aid system bridges eligible for
rehabilitation, (3) off-system bridges eligible for replacement, and (4)
off-system bridges eligible for rehabilitation.' and inserting instead
`(1) Bridges categorized for rehabilitation and (2) bridges categorized
for replacement.'; and (2) by striking `on the Federal-aid primary system'
and inserting instead `under the Surface Transportation Program'.
(g) TRANSFER OF FUNDS- Up to sixty percent of the apportionment of
Bridge Program funds are eligible to be transferred to either the Surface
Transportation Program or the Interstate Maintenance Program if apportionment
of bridge funds exceed bridge funds obligated in the previous year be more
than 50 percent. These transferred funds may be programmed in any area of
the State and are not subject to the requirements of distribution specified
in section 133(b)(1) of title 23, United States Code.

e9bb5fa22248d9c515c0972da817b597785239c7ed387f448ab760b7c883fa7e

(a) LIMITATION ON NEW CAPACITY- Section 119(a) of title 23, United
States Code, is amended by inserting after the end of the first sentence:
`Notwithstanding any  other provision of this title, the portion of the cost
of any project undertaken pursuant to this section that is attributable
to the expansion of the capacity of any Interstate highway or bridge,
where such new capacity consists of one or more new travel lanes that are
not high-occupancy vehicle lanes or auxiliary lanes, shall not be eligible
for funding under this section.'.
(b) ADEQUATE MAINTENANCE OF THE INTERSTATE SYSTEM- Section 119(f)(1) of
title 23, United States Code, is amended by inserting at the end of the
paragraph `The Secretary must find that the State is adequately maintaining
the Interstate System to accept such a certification.'.
(c) NON-FEDERAL MATCH REQUIREMENT-
(1) Section 119(a) of title 23, United States Code, is amended by striking
`section 120(c)' and inserting in lieu thereof `section 120(d)'.
(2) Section 120(d) of title 23, United States Code, is amended to read
as follows:
`(d) INTERSTATE MAINTENANCE- The Federal share payable on account of any
project undertaken for the maintenance of Interstate highways under the
provisions of section 119 shall either--
`(1) not exceed 80 per centum of the cost of construction, except that in
the case of any State containing nontaxable Indian lands, individual and
tribal, and public domain lands (both reserved and unreserved) exclusive
of national forests and national parks and monuments, exceeding 5 per
centum of the total area of all lands therein, the Federal share shall be
increased by a percentage of the remaining cost equal to the percentage
that the area of all such lands in such State, is of its total area; or
`(2) not exceed 80 per centum of the cost of construction, except that in
the case of any State containing nontaxable Indian lands, individual and
tribal, public domain lands (both reserved and unreserved), national forests,
and national parks and monuments, the Federal share shall be increased by
a percentage of the remaining cost equal to the percentage of the area of
all such lands in such State is of its total area, except that the Federal
share payable on any project shall not exceed 95 per centum of the total
cost of the project.
In any case where a State elects to have the Federal share as provided in
paragraph (2), the State must enter into an agreement with the Secretary
covering a period of not less than one year, requiring the State to use
solely for purposes eligible under this title (other than paying its share
of projects undertaken pursuant to this title) during the period covered
by the agreement the difference between the State's share as provided in
paragraph (2) and what its State's share would be if it elected to pay the
share provided in paragraph (1) for all projects subject to the agreement.'.
(d) GUIDANCE TO THE STATES- The Secretary shall develop and make available
to the States criteria for determining--
(1) what share of any project funded under section 119 of title 23,
United States Code, is attributable to the expansion of the capacity of
an Interstate Highway or bridge; and
(2) what constitutes adequate maintenance of the Interstate System for
the purposes of section 119(f)(1) of title 23, United States Code.
(e) NON-CHARGEABLE SEGMENTS- Section 104(b)(5)(B) of title 23, United
States Code, is amended by adding `and routes on the Interstate system
designated under section 139(a) of this title before January 1, 1984'
after the phrase `under sections 103 and 139(c) of this title' each of
the two times it appears in the first sentence.
(f) CONFORMING AMENDMENTS-
(1) NEW TITLE- The title of section 119 of title 23, United States Code,
is amended to read:
`Sec. Sec. 119. Interstate Maintenance Program';
(2) ANALYSIS- The analysis for chapter 1 of title 23, United States Code,
is amended by striking:
`Sec. 119. Interstate System Resurfacing.'
and inserting in lieu thereof:
`Sec. 119. Interstate Maintenance Program.'.
(3) Section 119 of title 23, United States Code, is amended--
(A) by striking out subsection (c), with regard to reconstruction, and
inserting in lieu thereof the following new subsection:
`(c) Activities authorized in subsection (a) may include the reconstruction
of bridges, interchanges and over crossings along existing Interstate
routes, including the acquisition of right-of-way where necessary, but
shall not include the construction of new travel lanes other than high
occupancy vehicle lanes or auxiliary lanes.';
(B) by striking out subsection (e), with regard to toll facilities;
(C) by striking out, in subsection (a), `, rehabilitating, and
reconstructing' and inserting in lieu thereof `and rehabilitating'; and
(D) in subsection (f)--
(i) by striking `PRIMARY SYSTEM' from the title and inserting in lieu
thereof `SURFACE TRANSPORTATION PROGRAM'; and
(ii) by striking `rehabilitating, or reconstructing' and inserting in lieu
thereof `or rehabilitating'.
(4) APPORTIONMENT- Section 104(b)(5)(B) of title 23, United States Code,
is amended by striking `rehabilitating, and reconstructing' and inserting
instead `and rehabilitating'.

536ed645d4031f49816b078aeced413478b61473a8b2658e23a1b4fba169b881

(a) MASSACHUSETTS- Paragraph 104(b)(5)(A) of title 23, United States Code,
is amended by striking `upon the approval by Congress, the Secretary shall
use the Federal share of such approval estimates in making apportionments
for the fiscal year 1993' and inserting in lieu thereof:
`The Secretary shall use the Federal share of the 1991 Interstate Cost
Estimate, adjusted to reflect (i) all previous credits, apportionments
of Interstate construction funds and lapses of previous apportionments
of interstate construction funds, (ii) previous withdrawals of interstate
segments, (iii) previous allocations of Interstate discretionary funds, and
(iv) transfers of Interstate construction funds, to make apportionments for
fiscal years 1993, 1994, 1995 and 1996 in the ratio in which the Federal
share of the estimated cost of completing the Interstate System in a State
bears to the Federal share of the sum of the estimated cost of completing
the Interstate System in all of the States, except Massachusetts: Provided,
That Massachusetts shall be apportioned $100,000,000 for the fiscal years
1993, $800,000,000 for the fiscal year 1994, $800,000,000 for the fiscal
year 1995, and $850,000,000 for the fiscal year 1996.'.
(b) CONFORMING AMENDMENTS- Paragraph 104(b)(5)(A) of title 23, United
States Code, is further amended by striking `1960 through 1990' the two
places it appears and inserting instead `1960 through 1996'; and by striking
`1967 through 1990' and inserting instead `1967 through 1996'. Unobligated
balances of funds allocated for Forest Highways may be obligated for Public
Lands highways.

72471cec2341abf50a60c84d3636fd42f3c510a5846575dafda5c97ff36eafbb

(a) ALLOCATIONS- Section 202 of title 23, United States Code, is amended
as follows:
(1) Subsection (c) is amended by inserting at the end `The secretary
shall allocate 66 per centum of the remainder of the authorization for
public lands highways for each fiscal year as is provided in section 134
of the Federal-Aid Highway Act of 1987.'; and by inserting after `allocate'
the words `34 per centum of'.
(2) Subsection (a) is repealed and the following subsections are relettered
accordingly.
(b) PROJECTS- Section 204 of title 23, United States Code, is amended
as follows:
(1) Subsection (b) is amended (A) by striking `construction and improvements
thereof' and inserting in lieu thereof `planning, research, engineering and
construction thereof'; and (B) by inserting at the end `Funds available
for each class of Federal lands highways shall be available for any kind
of transportation project eligible for assistance under this title that
is within or adjacent to or provides access to the areas served by the
particular class of Federal lands highways.'; and by striking `forest
highways and'.
(2) Subsection (a) is amended by striking `forest highways,'; and by
inserting at the end `Notwithstanding any other provision of this title,
no public lands highway project may be undertaken in any State pursuant
to this section unless the State concurs in the selection and planning of
the project.'.
(3) Subsection (c) is amended by striking `on a Federal aid system' and
inserting in lieu thereof `eligible for funds apportioned under section
104 or section 144 of this title'.
(4) Section 204 of title 23, United States Code, is amended by striking
subsection (h) and inserting instead:
`(h) Funds available for each class of Federal lands highways may be
available for the following--
`(1) transportation planning for tourism and recreational travel including
the National Forest Scenic Byways Program, Bureau of Land Management Back
Country Byways Program, National Trail System Program, and other similar
Federal programs that benefit recreational development;
`(2) adjacent vehicular parking areas;
`(3) interpretive signage;
`(4) acquisition of necessary scenic easements and scenic or historic sites;
`(5) provision for pedestrians and bicycles;
`(6) construction and reconstruction of roadside rest areas including
sanitary and water facilities; and
`(7) other appropriate public road facilities such as visitor centers as
determined by the Secretary.
`(i) The Secretary shall transfer to the Secretary of Interior from
the appropriation for public land highways amounts as may be needed to
cover necessary administrative costs of the Bureau of Land Management in
connection with public lands highways.'.
(5) Section 205(c) is amended by striking `$15,000' in four places and
inserting in lieu thereof `$50,000'.
(c) REHABILITATION- Of the funds authorized to be appropriated pursuant to
section 103(b)(7)(B) of this Act, an amount equal to $20,000,000  shall be
available for each of fiscal years 1992, 1993, 1994, 1995, and 1996 for
continued rehabilitation of federally-owned highways under the Federal
lands highway program of title 23, United States Code. Such funds shall
remain available until expended.
(d) INDIAN RESERVATION ROADS- Notwithstanding any other provision of law,
funds allocated for Indian reservation roads may be used for the purpose
of funding road projects on roads of tribally controlled postsecondary
vocational institutions.
(e) INDIAN RESERVATION ROADS PLANNING- Two percent of funds allocated
for Indian reservation roads shall be allocated to those Indian tribal
governments applying for transportation planning pursuant to the provisions
of the Indian Self Determination and Education Assistance Act. The Indian
tribal government, in cooperation with the Secretary of the Interior, and,
as may be appropriate, with a State, local government, or Metropolitan
Planning Organization, shall develop a transportation improvement
program, that includes all Indian reservation road projects proposed for
funding. Projects shall be selected by the Indian tribal government from
the transportation improvement program and shall be subject to the approval
of the Secretary of the Interior and the Secretary.
(f) CONFORMING AMENDMENTS- Section 203 of title 23, United States Code,
is amended by striking `forest highways' in two places.

50821885e109a151978b565de6d7cc9c0d4fa9e15b6e5b9fb26ec60d18ca883a

(a) REPEAL OF NATIONAL POLICY- Section 301 of title 23, United States Code,
is hereby repealed. The analysis of chapter 3 of such title is amended by
striking out the item relating to section 301.
(b) NEW REQUIREMENTS- Section 129 of title 23, United States Code, is
amended to read as follows:
`Sec. 129. Toll facilities
`(a) PROHIBITION- Tolls may not be imposed on any existing free interstate
highway.
`(b) FEDERAL SHARE PAYABLE- Except as provided in subsection (e), the Federal
share payable for any project under this section shall not exceed 35 per
centum of the cost of the project for construction of new toll facilities:
Provided, That, for the purposes of subsection (d), the Federal share may
be increased by a percentage of the remaining cost that is equal to the
percentage that unappropriated and unreserved public lands and nontaxable
Indian lands, individual and tribal, exceeding 5 percent of the total
area of all lands therein, in a State are of its total area, and shall
not exceed 80 per centum of the cost of the project for rehabilitation
of existing toll facilities or conversion of existing free facilities
to toll facilities: Provided, That for the purposes of subsection (d)
the Federal share may be increased in accordance with the provisions of
section 120(a), as amended. A State may loan all or part Federal funds
made available pursuant to this section to a public agency constructing a
toll facility: Provided, That such loan may be made only after all Federal
environmental requirements have been complied with and permits obtained. The
amount loaned shall be subordinated to other debt financing for the facility
except for loans made by the State or any other public agency to the agency
constructing the facility. Funds loaned pursuant to this section may be
obligated for projects eligible under this section. The repayment of any
such loan shall commence not less than five years after the facility has
opened to traffic. Any such loan shall bear interest at the average rate
the State's pooled investment fund earned in the 52 weeks preceding the
start of repayment. The term of any such loan shall not exceed 30 years
from the time the loan was obligated. Amounts repaid to a State from any
loan made under this section may be obligated for any purpose eligible
under this title. The Governor of each State making a loan pursuant to
this section shall establish procedures and guidelines for making such loans.
`(c) CONSTRUCTION OR CONVERSION OF FACILITIES- Except as otherwise provided
in this section, Federal funds to carry out this title may not be obligated
on toll facilities or to convert free facilities to toll facilities. The
Secretary may permit Federal participation, on the same basis and in the
same manner as participation in projects on free highways under this title,
in the construction of any toll highway, bridge, tunnel, or approach thereto,
or the conversion of any free highway, bridge, tunnel or approach thereto
to a toll facility, upon compliance with the provisions of this subsection,
except that no Federal funds may be used to impose tolls on any existing
free interstate highway. The highway, bridge, tunnel, or approach thereto
must be publicly owned. The appropriate State transportation or highway
department or departments must be party to an agreement with the Secretary
that provides that--
`(1) all tolls received from the operation of the facility, less the actual
cost of operation and maintenance, shall be applied to repayment, including
debt service and reasonable return on investment, of the party financing
the facility, except for amounts contributed by the United States; and
`(2) after the date of final repayment, revenues from tolls in excess of
revenues needed to recover actual costs of operation and maintenance shall
be used for any transportation project eligible under this title.
`(d) CONSTRUCTION OF FERRYBOATS AND FERRY APPROACHES- The Secretary may
permit Federal participation under this title in the construction of
ferryboats and ferry approaches, whether toll or free, subject to the
following conditions:
`(1) It is not feasible to build a bridge, tunnel, or other normal highway
structure in lieu of the ferry.
`(2) The operation of the ferry shall not be on a route that is classified
as local, as a rural minor collector, or as a route on the Interstate
System, except that, in the case of ferry systems that serve such routes
and other routes in an integrated system, such ferry may operate throughout
the entire service area of the ferry system.
`(3) The ferry shall be publicly owned and operated.
`(4) The operating authority and the amount of fares charged for passage
on the ferry shall be under the control of the State, and all revenues
shall be applied to actual and necessary costs of operation, maintenance,
and repair, including replacement of ferryboats.
`(5) The ferry shall be operated only within the State (including the
islands which comprise the State of Hawaii and the islands which comprise
the Commonwealth of Puerto Rico) or between adjoining States. Except with
respect to operations between the islands which comprise the State of Hawaii,
operations between the islands which comprise the Commonwealth of Puerto
Rico, operations between the islands of Maine, and operations between any
two points in Alaska and between Alaska and Washington, including stops
at appropriate points in the Dominion of Canada, no part of the ferry
operations shall be in any foreign or international waters.
`(6) No ferry shall be sold, leased, or otherwise disposed of without
the approval of the Secretary. The Federal share of any proceeds from
a disposition shall be credited to the unprogrammed balance of Surface
Transportation Program funds last apportioned to the State. Any amounts
credited shall be in addition to other funds then apportioned to the State
and shall be available for expenditure in accordance with the provisions
of this title.
`(e) CONGESTION PRICING PILOT PROGRAM- (1) The Secretary shall solicit the
participation of State and local governments and public authorities for
one or more congestion pricing pilot projects. The Secretary may enter
into cooperative agreements with as many as five such State or local
governments or public authorities to establish, maintain, and monitor
congestion pricing projects.
`(2) Notwithstanding subsection (c), the Federal share payable for such
programs shall be 100 per centum. The Secretary shall fund all of the
development and other start up costs of such projects, including salaries
and expenses, for a period of at least one year, and thereafter until
such time that sufficient revenues are being generated by the program to
fund its operating costs without Federal participation, except that the
Secretary may not fund any project for more than three years.
`(3) Revenues generated by any pilot project under this section must be
applied to projects eligible under this title.
`(4) The Secretary shall monitor the effect of such projects for a period
of at least ten years, and shall report to the Committee on Environment
and Public Works of the Senate and the Committee on Public Works and
Transportation of the House of Representatives every two years on the
effects such programs are having on driver behavior, traffic volume,
transit ridership, air quality, and availability of funds for transportation
programs.
`(5) Of the sums made available the Secretary pursuant to section 104(a),
not to exceed not to exceed $25,000,000 shall be made available each fiscal
year to carry out the requirements of this subsection.'.
(c) EXISTING TOLL FACILITY AGREEMENTS- At the request of the non-Federal
parties to any toll facility agreement reached before October 1, 1991
under (1) section 105 of the Federal-Aid Highway Act of 1978; or (2)
section 129 of title 23, United States Code, as in effect immediately
prior to the date of enactment of this Act; the Secretary shall allow
for the continuance of tolls without repayment of Federal funds, except
that revenues collected from such tolls in excess of revenues needed to
recover the local share of construction and acquisition costs including
debt service and the actual costs of operation and maintenance shall be
used for: (1) any transportation project eligible under this title, or (2)
costs associated with transportation facilities under the jurisdiction
of said non-Federal party, including debt service and costs related to
the construction, reconstruction, restoration, repair, operation and
maintenance of said facilities.

846a981a8b52d6c0a251190d389735133465b024daa85949365d523d978f2f68

(a) NEW REQUIREMENTS- Section 134 of title 23, United States Code, is
amended to read as follows:
`Sec. 134. Metropolitan planning
`(a) METROPOLITAN PLANNING ORGANIZATIONS- A metropolitan planning
organization shall be designated for each urbanized area of over fifty
thousand in population within any State by agreement among the Governor and
the units of general purpose local government. Each metropolitan planning
organization shall designate boundaries for a metropolitan area pursuant
to subsection (b) and shall carry out the transportation planning process
required by this section. Metropolitan planning organizations in existence
on or before October 1, 1991 shall be considered as being designated
for the purposes of this section. Metropolitan planning organizations
that represent portions of multi-State metropolitan areas shall, where
feasible, provide for coordinated transportation planning for the entire
metropolitan area by adopting a single transportation improvement program
for such area. The Governor of any State may enter into such agreements
as may be necessary with the Governor of any other State to provide for
comprehensive multi-State transportation planning for metropolitan areas
that encompass portions of more than one State.
`(b) METROPOLITAN AREA BOUNDARIES- For the purposes of this title, the
boundaries of any metropolitan area shall be determined by the metropolitan
planning organization and the Governor. Each metropolitan area shall cover at
least the existing urbanized area and the area expected to become urbanized
within the forecast period, and may encompass the entire Metropolitan
Statistical Area or Consolidated Metropolitan Statistical Area as defined by
the Bureau of the Census. For areas designated as nonattainment for ozone
or carbon monoxide under the Clean Air Act, as amended, the boundaries of
the metropolitan area shall be the boundaries of the nonattainment area,
except as otherwise provided by the metropolitan planning organization.
`(c) GENERAL REQUIREMENT FOR PLANNING- In developing transportation plans and
programs pursuant to this section, each metropolitan planning organization
shall, at a minimum--
`(1) consider preservation of existing transportation facilities and,
where practical, meet transportation needs by using existing transportation
facilities more efficiently;
`(2) provide that transportation planning is consistent with applicable
Federal, State and local energy conservation programs, goals and objectives;
`(3) consider the need to relieve congestion and prevent congestion from
occurring where it does not yet occur;
`(4) conform with the applicable requirements of the Clean Air Act as
amended;
`(5) consider the effect of transportation policy decisions on land use
and development, and assure that transportation plans and programs are
consistent with the provisions of all applicable short- and long-term land
use and development plans;
`(6) recommend, where appropriate, the use of innovative financing
mechanisms, including value capture, tolls, and congestion pricing to
finance projects and programs;
`(7) provide for the programming of expenditure on transportation enhancement
activities as required in section 133;
`(8) consider the effects of all transportation projects to be undertaken
within the metropolitan area, without regard to whether such projects are
publicly funded;
`(9) consider the overall social, economic, and environmental effects of
transportation decisions;
`(10) take into account international border crossings and access to ports,
airports, intermodal transportation facilities, major freight distribution
routes, national parks, recreation areas, monuments and historic sites,
and military installations;
`(11) consider the need for connectivity of roads within the metropolitan
area with roads outside the metropolitan area; and
`(12) develop a long range transportation plan.
`(d) Transportation Improvement Program-
`(1) DEVELOPMENT OF PROGRAM- The metropolitan planning organization, in
cooperation with the State and relevant transit operators, shall develop
a transportation improvement program that includes all projects within
the metropolitan area proposed for funding pursuant to this title and
the Urban Mass Transportation Act, that is consistent with the long range
transportation plan developed by the metropolitan planning organization,
and that conforms with the applicable State implementation plan developed
pursuant to the Clean Air Act, as amended. The program may include a project
only if full funding can be reasonably anticipated to be available for such
project within the period of time contemplated for its completion. The
program shall be updated at least every two years, and shall be approved
by the metropolitan planning organization and the Governor.
`(2) PRIORITY OF PROJECTS- The transportation improvement program shall
include a priority list of projects and project segments to be carried
out within each three-year period after the initial adoption of the
transportation improvement program.
`(3) SELECTION OF PROJECTS- Except as otherwise provided in subsection (e),
project selection in metropolitan areas for projects involving Federal
participation shall be carried out by the State in cooperation with the
metropolitan planning organization, and shall be in conformance with the
transportation improvement program for the area.
`(e) ADDITIONAL REQUIREMENTS FOR AREAS OF OVER 250,000 Population-
`(1) For metropolitan statistical areas of more than two hundred fifty
thousand population within any State, transportation plans and programs
shall be based on a continuing and comprehensive transportation planning
process carried out by a metropolitan planning organization in cooperation
with the State and transit operators.
`(2) The planning process shall include a congestion management system
that provides for effective management of new and existing transportation
facilities through the use of travel demand reduction and operational
management strategies. In nonattainment areas for ozone or carbon monoxide,
the development of the congestion management system shall be coordinated with
the development of the transportation element of the State Implementation
Plan required by the Clean Air Act as amended.
`(3) The Secretary shall assure that each metropolitan planning organization
is carrying out its responsibilities under applicable provisions of
Federal law, and shall so certify at least once per annum. The Secretary
may certify a metropolitan planning organization only if it is complying
with the requirements of section 134 and other applicable requirements of
Federal law. If at any time after October 1, 1992 a metropolitan planning
organization is not certified by the Secretary, the obligation authority
attributed to the relevant metropolitan area pursuant to section 133(b)(1)
shall lapse and be redistributed to other States in accordance with the
requirements of section 104(d)(2), regarding redistribution of obligation
authority.
`(4) SELECTION OF PROJECTS- All projects carried out with Federal
participation pursuant to this title (excluding projects undertaken
pursuant to the Bridge and Interstate Maintenance Programs) or the Urban Mass
Transportation Act within the boundaries of a metropolitan area covered under
this subsection shall be selected by the metropolitan planning organization
and the Governor in conformance with the transportation improvement program
for such area and the priorities established therein. Projects undertaken
pursuant to the Bridge and Interstate Maintenance Programs shall be selected
by the State in cooperation with the metropolitan planning organization
and shall be in conformance with the transportation improvement plan for
the area.
`(5) The metropolitan planning organization for areas covered under this
subsection shall provide for a fair and equitable distribution of funds
within the metropolitan area.
`(6) Metropolitan planning organizations for areas covered under
this subsection shall provide opportunity for public review of draft
transportation plans and programs prior to final approval of such plans
and programs.
`(f) Additional Requirements for Nonattainment Areas-
`(1) Notwithstanding any other provision of law, for areas classified as
nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act,
as amended, Federal funds may not be programmed in such area for any
highway project that will result in a significant increase in carrying
capacity for single occupant vehicles unless the project is part of an
approved congestion management system.
`(2) If, at the end of any three-year planning period established pursuant
to subsection (d), a project to be carried out within such period has not
been carried out, any changes in emissions of pollutants that contribute to
nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act,
as amended, that have been attributed to such project shall be discounted
for the purposes of conformity review pursuant to section 176(c) of the
Clean Air Act, as amended, (42 U.S.C. 7506(c)) until such time as binding
commitments have been made to complete the project by a date certain.
`(3) For the purpose of determining conformity pursuant to section 176(c)
of the Clean Air Act, as amended, (42 U.S.C. 7506(c)), the metropolitan
planning organization shall take into account emissions expected to result
from all projects to be carried out within the metropolitan area, whether
such projects are publicly or privately funded.
`(g) REPROGRAMMING OF SET ASIDE FUNDS- Any funds set aside pursuant to
section 104(f) of this title that are not used for the purpose of carrying
out this subsection may be made available by the metropolitan planning
organization to the State for the purpose of funding activities under
section 135.
`(h) For purposes of subsections (b) and (e), the Secretary shall use
estimates prepared by the Secretary of Commerce when determining population
figures.'.
(b) 1 PERCENT SET ASIDE- Section 104(f) of title 23, United States Code, is
amended by striking in paragraph (1) `one-half per centum' and inserting in
lieu thereof `1 per centum'; by striking in paragraph (1) `the Federal-aid
systems' and inserting in lieu thereof `programs authorized under this
title'; by striking in paragraph (1) all after the fifth comma and inserting
in lieu thereof `except that the amount from which such set aside is made
shall not include funds authorized to be appropriated for the Interstate
Construction and Interstate Substitute programs.'; and by striking in
paragraph (3) `section 120' and inserting in lieu there of `section 120(j)'.
(c) APPORTIONMENT WITHIN A STATE- Section 104(f)(4) of title 23, United
States Code, is amended by striking `and metropolitan area transportation
needs' and inserting in lieu thereof `attainment of air quality standards,
metropolitan area transportation needs, and other factors necessary
to provide for an appropriate distribution of funds to carry out the
requirements of section 134 and other applicable Federal law.'.
(d) CONFORMING AMENDMENTS-
(1) The analysis of chapter 1 of title 23, United States Code, is amended
by striking:
`Sec. 134 Transportation planning in certain urban areas.'
and inserting in lieu thereof:
`Sec. 134. Metropolitan Planning.'.
(2) Section 104(f)(3) of title 23, United States Code, is amended by striking
`designated by the State as being'.

6d1e67f62f24bee75af06ed47a4422929149e19c6d765ef68fc8cb9345abcc0b

(a) NEW REQUIREMENTS- Section 135 of title 23, United States Code, is
amended to read as follows:
`Sec. 135. Statewide planning
`(a) MANAGEMENT SYSTEMS- Each State shall have a Bridge Management System,
a Pavement Management System, a Safety Management System, and a Congestion
Management System developed in accordance with regulations prescribed by the
Secretary, except that any State that certifies to the satisfaction of the
Secretary that no significant congestion exists or is projected to exist
within such State shall not be required to have a congestion management
system. Systems shall include inventories and use current condition data
to identify needs. The Bridge Management System shall include provisions
for life-cycle cost analysis where appropriate. The Secretary may withhold
project approvals under section 106 and may decline to accept a notice and
certification under section 133(c)(2) if a State fails to have approved
systems. The regulations shall provide for periodic Federal review of the
Management Systems.
`(b) TRAFFIC MONITORING SYSTEM- Each State shall have a Traffic Monitoring
System to provide statistically based data necessary for pavement management,
bridge evaluation, safety management, congestion management, national
studies, and other activities under this title. The Secretary shall
establish guidelines and requirements for the Traffic Monitoring System.
`(c) STATE PLANNING PROCESS- Each State shall undertake a continuous
transportation planning process which shall--
`(1) take into account the results of the management systems required
pursuant to subsection (a);
`(2) take into account any Federal, State or local energy use goals,
objectives, programs or requirements;
`(3) take into account any valid State or local development or land use
plans, programs, or requirements;
`(4) take into account international border crossings and access to ports,
airports, intermodal transportation facilities, major freight distribution
routes, national parks, recreation areas, monuments and historic sites,
and military installations;
`(5) provide for comprehensive surface transportation planning for
non-metropolitan areas through a process that includes consultation with
local elected officials with jurisdiction over transportation;
`(6) be consistent with any metropolitan area plan developed pursuant to
section 134;
`(7) provide for connectivity between metropolitan areas within the State
and with metropolitan areas in other States;
`(8) take into account recreational travel and tourism;
`(9) take into account any State plan developed pursuant to the Federal
Water Pollution Control Act; and
`(10) be coordinated with the development of any State implementation plan
required under the Clean Air Act, as amended, and provide for compliance
with any relevant requirements of such plan and such Act.
`(d) ADDITIONAL REQUIREMENTS FOR STATES CONTAINING NONATTAINMENT AREAS-
Any State containing an area in nonattainment for ozone or carbon monoxide
pursuant to the Clean Air Act, as amended, shall develop and update at
least every two years a long range transportation plan. In addition to
the requirements in subsection (c), such plan shall--
`(1) incorporate without amendment the provisions of any metropolitan area
plan developed pursuant to section 134; and
`(2) provide for coordination in the development of the State transportation
plan required pursuant to this section and the State implementation plan
required pursuant to the Clean Air Act, as amended.
`(e) FUNDING- Funds set aside pursuant to section 307(c)(1) of title 23,
United States Code, shall be available to carry out the requirements of
this section.'.
(b) CONFORMING AMENDMENTS- The analysis of chapter 1 of title 23, United
States Code, is amended by striking :
`Sec. 135. Traffic operations improvement programs.'.
and inserting in lieu thereof:
`Sec. 135. Statewide Planning.'.

51d9dd70fcbdbe879d7da775f1840948e970d3959efbe28aa6c638115a2736ca

(a) RESEARCH PROGRAM- Section 307 of title 23, United States Code, is
amended as follows:
(1) NEW REQUIREMENTS- Subsection (b) is redesignated (b)(1), and the
following new paragraphs are added thereafter:
`(2) The highway research program shall include a coordinated long term
program of research on Intelligent Vehicle Highway Systems.
`(3) The highway research program shall include a coordinated long term
program of research for the development, use and dissemination of performance
indicators to measure the performance of the surface transportation system,
including indicators for productivity, efficiency, energy use, air quality,
congestion, safety, maintenance, and other factors that reflect the overall
performance of the surface transportation system.
`(4) The highway research program shall continue those portions of the
work of the Strategic Highway Research Program that the Secretary deems
to be important.
`(5) The Secretary shall create and administer a transportation
research fellowship program to attract qualified students to the field
of transportation engineering and research, which shall be known as The
Dwight David Eisenhower Transportation Fellowship Program. No less  than
$2,000,000 per fiscal year of the funds set aside pursuant to section 307
shall be made available to carry out this paragraph.
`(6)(A) The Secretary in cooperation with other appropriate Federal
agencies, the Governors of Arizona, California, New Mexico and Texas,
and the appropriate representatives of the Republic of Mexico, shall
assess the need for transportation infrastructure to facilitate trade
between the United States and Mexico. Within 18 months following the
date of the enactment of this Act, the Secretary shall report to Congress
and the Governors of Arizona, California, New Mexico, and Texas on such
transportation infrastructure needs and the associated costs.
`(B) The Secretary in cooperation with other appropriate Federal agencies,
the Governors of Maine, New Hampshire, Vermont, New York, Michigan,
Minnesota, North Dakota, Montana, Idaho, Washington, and Alaska, and
the appropriate representatives from Canada, shall assess the need for
transportation infrastructure to facilitate trade between the United States
and Canada. Within 18 months following the date of the enactment of this
Act the Secretary shall report to Congress and the Governors of Maine, New
Hampshire, Vermont, New York, Michigan, Minnesota, North Dakota, Montana,
Idaho, Washington, and Alaska on such transportation infrastructure needs
and the associated costs.'.
(2) Subsection (c) is amended by striking `highway programs and local public
transportation systems' and inserting in lieu thereof `transportation
programs'; by striking `highway usage' and inserting in lieu thereof
`transportation'; and by striking `highways and highway systems' and
inserting in  lieu thereof `transportation systems'.
(b) FEDERAL SHARE FOR STATE RESEARCH ACTIVITIES- Section 120(j) is amended
by striking `85 per centum' and inserting in lieu thereof `80 per centum';
and by  striking  `exclusive  of'  and  inserting  in  lieu thereof `, and'
(c) STATE AUTHORITY TO PROGRAM FUNDS- Section 307(c) of title 23, United
States Code, is amended by striking `upon the request of the State highway
department, with the approval of the Secretary, with or without State
funds,' in paragraph (1) and inserting in lieu thereof `by the State
highway department only'; by striking `Not to exceed 1 1/2  per centum'
and inserting in lieu thereof `Two per centum'; by striking `section 104'
and inserting in lieu thereof `sections 104 and 144'; and by repealing
paragraphs (2) and (3).
(d) DATA COLLECTION AND ANALYSIS-
(1) BUREAU OF TRANSPORTATION STATISTICS- There is established within the
Department a Bureau of Transportation Statistics (hereafter referred to
as the `Bureau'). The Bureau shall be responsible for--
(A) compiling, analyzing, and publishing a comprehensive set of
transportation statistics which should provide timely summary in the form
of industrywide aggregates, and multiyear averages, and totals of some
similar form which include information on--
(i) productivity in the various portions of the transportation sector,
(ii) traffic flows,
(iii) travel times,
(iv) vehicle weights,
(v) variables influencing traveling behavior including choice of mode,
(vi) travel costs of intracity commuting and intercity trips,
(vii) availability and number of passengers served by mass transit for
each mass transit authority,
(viii) frequency of vehicle and transportation facility repairs and other
interruptions of service,
(ix) accidents,
(x) collateral damage to the human and natural environment,
(xi) and the condition of the transportation system, all of information
which shall be suitable for conducting cost-benefit studies, including
comparisons among modes and intermodal transport systems.
(B) The Director of the Bureau of Transportation Statistics, in cooperation
with the States, shall pursue a comprehensive, long-term program for the
collection and analysis of data relating to the performance of the national
transportation system. This effort shall--
(i) be coordinated with the efforts undertaken pursuant to section 307(b)(3)
of title 23 to develop performance indicators for the national transportation
system;
(ii) assure that data and other information are collected in a manner
to maximize the ability to compare data from different regions and time
periods; and
(iii) assure that data are quality controlled for accuracy and are
disseminated to the States and other interested parties.
(C) promulgating guidelines for the collection of information by the
Department required for statistics under this paragraph to assure that the
information is accurate, reliable, relevant, and in a form that permits
systematic analysis;
(D) coordinating the collection of information by the Department for
developing such statistics with related information-gathering activities
conducted by other Federal agencies;
(E) Making readily accessible the statistics published under this paragraph;
and
(F) identifying missing information of the kind identified under
subparagraph (A) (i) through (xi), reviewing these information needs at
least annually with the Advisory Council on Transportation Statistics,
and making recommendations to the appropriate Department of Transportation
research officials concerning extramural and intramural research programs
to provide such information.
(2) Nothing in the provisions of paragraph (1) shall authorize the Bureau to
require the collection of any data by any other Department, or to establish
observation or monitoring programs.
(3) Information compiled by the Bureau of Transportation Statistics shall
not be disclosed publicly in a manner that would reveal the personal identity
of any individual, consistent with the Privacy Act of 1974 (5 U.S.C. 552a),
reveal trade secrets and commercial or financial information provided by
any person to be identified with such person.
(4) DIRECTOR OF TRANSPORTATION STATISTICS- The Bureau shall be under the
direction of a Director of Transportation Statistics (hereafter referred
to as the `Director') who shall be appointed by the President, by and with
the advice and consent of the Senate. The term of the Director shall be
4 years. To begin within 180 days of enactment of this Act. The Director
shall be a qualified individual with experience in the compilation and
analysis of transportation statistics. The Director shall report directly
to the Secretary. The Director shall be compensated at the rate provided
for at level V of the Executive Schedule under section 5316 of title 5,
United States Code.
(5) TRANSPORTATION STATISTICS ANNUAL REPORT- On January 1, 1992, and
each January 1 thereafter, the Director shall submit to the President
a Transportation Statistics Annual Report (hereafter referred to as the
`Report'). The Report shall include, but not be limited to those items
identified in subparagraph (A) (i) through (x). The Report shall also
include documentation of the methods used to obtain and assure the quality
of the statistics presented in the Report and recommendations in improving
transportation statistical information.
(6) CONTINUING PERFORMANCE OF THE FUNCTIONS OF THE DIRECTOR PENDING
CONFIRMATION- An individual who, on the effective date of this Act, is
performing any of the functions required by this section to be performed
by the Director may continue to perform such functions until such functions
are assigned to an individual appointed as the Director under this Act.
(7) ADVISORY COUNCIL ON TRANSPORTATION STATISTICS- The Director shall appoint
an Advisory Council on Transportation Statistics, comprised of no more
than 6 private citizens who have expertise in transportation statistics
and analysis (except that at least one of such appointees should have
expertise in economics) to advise the Director on transportation statistics
and analyses, including whether the statistics and analysis disseminated
by the Bureau are of high quality and are based upon the best available
objective information. The Council shall be subject to the provisions of
the Federal Advisory Committee Act.
(8) STUDY OF DATA NEEDS- (A) No later than 1 year after the start of
Bureau operations, the Secretary of the Department of Transportation
in consultation with the Director of the Bureau and the Assistant
Secretary designated as Chief Information Resources Officer, shall enter
into an agreement with the National Academy of Sciences for a study,
evaluation, and report on the adequacy of the data collection procedures
and capabilities of the Department. No later than 18 months following an
agreement, the National Academy of Sciences shall report its findings to
the Secretary and the Congress. The report shall include an evaluation
of the Department's data collection resources, needs, and requirements,
and shall include an assessment and evaluation of the following systems,
capabilities, and procedures established by the Department to meet those
needs and requirements--
(i) data collection procedures and capabilities;
(ii) data analysis procedures and capabilities;
(iii) the ability of data bases to integrate with one another;
(iv) computer hardware and software capabilities;
(v) management information systems, including the ability of management
information systems to integrate with one another;
(vi) Department personnel; and
(vii) the Department's budgetary needs and resources for data collection,
including an assessment of the adequacy of the budgetary resources provided
to the Department and budgetary resources used by the Department for data
collection needs and purposes.
(9) The report shall include recommendations for improving the Department's
data collection systems, capabilities, procedures, data collection,
and analytical hardware and software, and for improving its management
information systems.
(10) FUNDING- Section 104(a) of title 23, United States Code, is amended
by inserting `, data collection, and other programs' after `research';
and by inserting `, and section 303' after `section 307'.
(11) ANALYSIS- The analysis for chapter 3 of title 23, United States Code,
is amended by striking:
`Sec. 303. [Repealed. Public Law 97-449].'.
and inserting in lieu thereof:
`Sec. 303. Data Collection and Analysis.'.
(12) STUDY OF STATE LEVEL OF EFFORT- (A) Not later than 3 months after
the date of enactment of this Act, the Secretary and the Director of the
Bureau shall undertake a comprehensive study of the most appropriate and
accurate methods of calculating State level of effort in funding surface
transportation programs.
(B) Such study shall include collection of data relating to State and
local revenue collected and spent on surface transportation programs. Such
revenue shall include income from fuel taxes, toll revenues including
bridge and ferry tolls, sales taxes, general fund appropriations, property
taxes, bonds, administrative fees, taxes on commercial vehicles, and other
appropriate State and local revenue sources as the Director of the Bureau
deems appropriate.
(C) Not later than 9 months after the date of enactment of this Act,
the Secretary and the Director of the Bureau shall provide a written
report to the Committee on Environment and Public Works of the Senate
and the Committee on Public Works and Transportation of the House of
Representatives detailing the findings of the study. Such report shall
include recommendations on the most appropriate measure of State level of
effort in funding surface transportation programs and comprehensive data
by State on revenue sources and amounts collected by States and local
governments and devoted to surface transportation programs.
(e) FUNDAMENTAL PROPERTY STUDIES- (1) The Administrator of the Federal
Highway Administration (hereafter in this subsection referred to as the
`Administrator') is directed to conduct fundamental chemical property and
physical property studies of petroleum asphalts and modified asphalts used
in highway construction in the United States with the primary emphasis
of prediction of pavement performance from the fundamental and rapidly
measurable properties of asphalts and modified asphalts.
(2) In carrying out the studies in paragraph (1), the Administrator shall
enter into contracts with a non-profit organization with demonstrated
expertise in research associated in the above areas in order to undertake the
necessary technical and analytical research in coordination with existing
programs, including the Strategic Highway Research Program, that evaluate
actual performance of asphalts and modified asphalts in roadways.
(3) ACTIVITIES OF STUDIES- The Administrator in conducting the studies in
this subsection shall include the following activities:
(A) fundamental composition studies;
(B) fundamental physical and rheological property studies;
(C) asphalt-aggregate interaction studies;
(D) coordination of composition studies, physical and rheological property
studies and asphalt-aggregate interaction studies for the purposes of
prediction of pavement performance including refinements of strategic
Highway Research Program specifications.
(4) The Administrator, in coordination with a non-profit research
organization, shall implement a test strip, the purpose of which shall be to
demonstrate and evaluate unique energy and environmental advantages of the
use of shale oil modified asphalts under extreme climate conditions. The
Administrator shall report to Congress on his findings as required under
paragraph (6). Such findings shall include an evaluation of this test strip
and legislative recommendations on a national program to support American
transportation and energy security requirements. In no event shall this
report be submitted after November 30, 1995. For purposes of construction
activities related to this test strip the Administrator and the Director
of the National Park Service shall make the necessary funds available in
equal amounts from the Park and Parklands allocation for the Federal lands
highway program.
(5) AUTHORIZATIONS- The Administrator shall provide at least $3,000,000
for each of fiscal years 1992, 1993, 1994, 1995 and 1996 to carry-out the
provisions of paragraph (2).
(6) ANNUAL REPORT TO CONGRESS- On November 30 of each year, the Administrator
shall report to Congress on progress in implementing the provisions of this
subsection in the preceding fiscal year. For purposes of fiscal year 1992,
the Administrator shall provide a report on proposed activities within
one hundred eighty days of enactment of this section.
(f) COLLABORATIVE RESEARCH AND DEVELOPMENT- Section 307 of title 23,
United States Code, is amended by adding subsection (g) as follows:
`(g) COLLABORATIVE RESEARCH AND DEVELOPMENT- For purposes of encouraging
innovative solutions to highway problems, and stimulating the marketing
of new technology by private industry, the Secretary is authorized to
undertake on a cost-shared basis, collaborative research and development
with non-Federal entities, including State and local governments; foreign
governments, colleges and universities, corporations, institutions,
partnerships, sole proprietorships, and trade associations which are
incorporated or established under the laws of any of the States of the
United States. In carrying out this section, the Secretary may enter
into a cooperative research and development agreement, as defined in
section 12 of the Stevenson-Wydler Technology Innovation Act of 1980, as
amended (15 U.S.C. 3710a). The average Federal share in these agreements
shall not exceed 50 percent except, where there is substantial public
interest or benefit, the Secretary may approve a higher Federal level
of participation. Cooperative research and development agreements shall
recognize all directly related costs to the non-Federal partners including
personnel, travel, hardware development, etc. The research, development,
or utilization, of any technology pursuant to an agreement under the above
provisions, including the terms under which technology may be licensed and
the resulting royalties may be distributed, shall be subject to provisions
of the Stevenson-Wydler Technology Innovation Act of 1980, as amended.'.
(g) Section 307(c) of title 23, United States Code, is amended by inserting
a new paragraph (2) to read  as follows:
`(2) In addition to the percentage provided in paragraph (1) of this
subsection, not to exceed one-half of one per centum of sums apportioned
under sections 104 and 144 shall be available for expenditure upon request
of the State Highway Department to rural planning organizations designated
by the State as being responsible for assisting the State in carrying out
the provisions of section 135 of this title.'.

95b41fdaa9c9ad3f2f21bf0709cd05e4bc14317c05d3f6cd3caf9a4c85fb4ef2

(a) DECLARATION OF POLICY- Section 101(c) of title 23, United States Code,
is amended to read as follows:
`(c) It is the policy of the United States to establish in the shortest time
practicable a United States designed and constructed magnetic levitation
transportation technology capable of operating along Federal-aid highway
rights-of-way, as part of a national transportation system of the United
States.'.
(b) National Magnetic Levitation Design Program-
(1) MANAGEMENT OF PROGRAM- (A) There is hereby established a National
Magnetic Levitation Design Program to be managed jointly by Secretary
and the Assistant Secretary of the Army for Civil Works (hereafter
referred to as `the Assistant Secretary'). In carrying out such program,
the Secretary and the Assistant Secretary shall consult with appropriate
Federal officials, including the Secretary of Energy and the Administrator
of the Environmental Protection Agency. The Secretary and the Assistant
Secretary shall establish a National Maglev Joint Project Office (hereafter
referred to as the `Maglev Project Office') to carry out such program,
and shall enter into such arrangements as may be necessary for funding,
staffing, office space, and other requirements that will allow the Maglev
Project Office to carry out its functions.
(B) STRATEGIC PLAN- The Secretary and the Assistant Secretary, in
consultation with appropriate Federal officials including the Secretary
of Energy and the Administrator of the Environmental Protection Agency,
shall develop a national strategic plan for the design and construction of a
national magnetic levitation surface transportation system. Such plan shall
consider other modes of high speed surface transportation, including high
speed rail. The plan shall be completed and transmitted to the Committee
on Environment and Public Works of the Senate and the Committee on Public
Works and Transportation of the House of Representatives within eighteen
months of the date of enactment of this Act.
(2) PHASE ONE GRANTS- (A) Not later than three months after the date of
enactment of this Act, any eligible participant may submit to the Maglev
Project Office a proposal for research and development of a conceptual
design for a maglev system and an application for a grant to carry out
that research and development.
(B) Not later than six months after the date of enactment of this Act,
the Secretary and the Assistant Secretary shall award grants for one year
of research and development to no less than six applicants. If fewer than
six complete applications have been received, grants shall be awarded to
as many applicants as is practical.
(C) The Secretary and the Assistant Secretary may approve a grant
under subparagraph (B) only after consideration of factors relating
to the construction and operation of a magnetic levitation system,
including the cost-effectiveness, ease of maintenance, safety, limited
environmental impact, ability to achieve sustained high speeds, ability
to operate along the Interstate highway rights of way, the potential for
the guideway design to be a national standard, and the bidder's resources,
capabilities, and history of successfully designing and developing systems
of similar complexity: Provided, That, the applicant agrees to submit a
report to the Maglev Project Office detailing the results of the research
and development, and agrees to provide for matching of the phase one grant
at a 90 per centum Federal, 10 per centum non-Federal cost share.
(D) For purposes of this section, the term `eligible participant' means
United States private businesses, United States public and private education
and research organizations, Federal laboratories, and consortia of such
businesses, organizations and laboratories.
(3) PHASE TWO GRANTS- Within three months of receiving the reports under
paragraph (2), the Secretary and the Assistant Secretary shall select not
more than three participants to receive one-year grants for research and
development leading to a final design for a maglev system. The Secretary
and the Assistant Secretary may only award grants under this paragraph if
they determine that the applicant has demonstrated technical merit for
the conceptual design and the potential for further development of such
design into a national system, and if the applicant agrees to provide for
matching of the phase two grant at a 80 per centum Federal, 20 per centum
non-Federal cost share.
(4) PROTOTYPE- (A) Within six months of receiving the final designs developed
under paragraph (3), the Secretary and the Assistant Secretary shall select
one design for development into a full scale prototype. Not more than three
months after the selection of such design, the Secretary and the Assistant
Secretary shall award one prototype construction grant to a State government,
local government, organization of State and local governments, consortium
of United States private businesses or any combination of these entities
for the purpose of constructing a prototype maglev system in accordance
with the selected design.
(B) Selection of the grant recipient under this paragraph shall be based
on the following factors:
(i) The project shall utilize interstate highway rights-of-way.
(ii) The project shall have sufficient length to allow significant full
speed operations between stops.
(iii) No more than 75 per centum of the cost of the project shall be borne
by the United States.
(iv) The project shall be constructed and ready for operational testing
within three years after the award of the grant.
(v) The project shall provide for the conversion of the prototype to
commercial operation after testing and technical evaluation is completed.
(vi) The project shall be located in an area that provides a potential
ridership base for future commercial operation.
(vii) The project shall be located in an area that experiences climatic and
other environmental conditions that are representative of such conditions
in the United States as a whole.
(viii) The project shall be suitable for eventual inclusion in a national
magnetic levitation system network.
(c) Licensing-
(1) PROPRIETARY RIGHTS- No trade secrets or commercial or financial
information that is privileged or confidential, under the meaning of section
552(b)(4) of title 5, United States Code, which is obtained from a United
States business, research, or education entity as a result of activities
under this Act shall be disclosed.
(2) COMMERCIAL INFORMATION- The research, development and use of any
technology developed pursuant to an agreement reached pursuant to this
section, including the terms under which any technology may be licensed
and the resulting royalties may be distributed, shall be subject to the
provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701-3714). In addition, the Secretary and the Assistant Secretary
may require any grant recipient to assure that research and development
shall be performed substantially in the United States, and that the
products embodying the inventions made under any agreement pursuant to
this section or produced through the use of such inventions shall be
manufactured substantially in the United States.
(d) AVAILABILITY OF FUNDS- Funds authorized to be appropriated to carry
out this section shall remain available until expended.
(e) REPORTS- The Secretary and the Assistant Secretary shall provide
periodic reports on progress made under this section to the Committee on
Environment and Public Works of the Senate and the Committee on Public
Works and Transportation of the House of Representatives.
(f) CONTRACT AUTHORITY- Notwithstanding any other provision of law, the
requirements of chapter 1 of title 23, United States Code, shall apply to
the provisions of this section.

d4db41bafe4708d44ff4c7770f10799714d504e75041d296c24296490f55b92e

(a) AVAILABILITY OF RIGHTS-OF-WAY- Subsection 142(g) of title 23, United
States Code, is amended to read as follows:
`(g) In any case where sufficient land exists within the publicly
acquired rights-of-way of any highway, constructed in whole or in part
with Federal-aid highway funds, to accommodate needed passenger, commuter,
or high speed rail, magnetic levitation systems, highway and non-highway
public mass transit facilities the Secretary shall authorize a State to
make such lands and rights-of-way available with or without charge to a
publicly or privately owned authority or company for such purposes.'.
(b) AVAILABILITY OF AIRSPACE- Section 156 of title 23, United States Code,
is amended by adding before the period at the end of the first sentence
the following: `: Provided, That the States may permit governmental use,
use by public or private entities for passenger, commuter, or high speed
rail, magnetic levitation systems, or other transit, utility use and
occupancy where such use or occupancy is necessary for a transportation
project allowed under this section, or use for transportation projects
eligible for assistance under this title, with or without charge.'.
(c) CONFORMING AMENDMENTS- Section 142 of title 23, United States Code,
is amended as follows:
(1) Paragraph (a)(1) is amended by striking `of the Federal-aid systems';
and by striking `project on any Federal-aid system' and inserting in
lieu thereof `Surface Transportation Program project or as an Interstate
construction project'.
(2) Paragraph (a)(2) is repealed.
(3) Subsection (c) is repealed.
(4) Paragraph (e)(2) is repealed.
(5) Subsections (i) and (k) are repealed.

9258cd8b67fde07103e6553cf706f52246bf4cf5ab9ac9bdd0878a61202bc24f

ASSISTANCE.
The Secretary shall update the findings of the report required by section
114 of the  Federal-Aid Highway Act of 1956 to determine what amount
the United States would pay to the States to reimburse the States for
segments incorporated into the Interstate System that were constructed
at non-Federal expense. The report required under this section shall be
completed by October 1, 1993, and shall be transmitted to the Committee
on Environment and Public Works of the Senate and the Committee on Public
Works and Transportation of the House of Representatives.

4d01ae89d9411139265c39b57752e2c421563cff0c3a1f51543b7dfc85acfa78

(a) CONTINUATION OF CURRENT LAW- Section 106(c)(1) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 is amended by
striking `titles I and III of this Act or obligated under' and inserting
instead `the Surface Transportation Efficiency Act of 1991 or obligated
under titles I and III of this Act and'.
(b) ADJUSTMENT FOR INFLATION- Section 106(c)(2)(A) of such 1987 Act is
amended by striking `14,000,000' and inserting instead `15,370,000'.
(c) STUDY- The Comptroller General of the United States shall conduct a
study of the Disadvantaged Business Enterprise program of the Federal
Highway Administration (hereafter in this section referred to as the
`DBE program'). The study shall include--
(1)(A) a determination of the percentage of disadvantaged business
enterprises that have enrolled in the DBE program that have graduated from
the DBE program after an enrollment period of 3 years;
(B) a determination of the number of disadvantaged business enterprises that
have been enrolled in the DBE program for a period greater than 3 years; and
(C) a determination as to whether the graduation date any of the
disadvantaged business enterprises described in subparagraph (B) should
be accelerated;
(2) a determination of which State transportation programs meet the
requirement under the DBE program for 10 per centum participation by
minority-owned businesses and woman-owned businesses by contracting with
out of State contractors in lieu of in-State contractors;
(3)(A) a determination as to whether adjustments in the DBE program could
be made with respect to--
(i) Federal or State participation in training programs; and
(ii) Meeting capital needs and bonding requirements; and
(B) with respect to subparagraph (A), in the case where adjustments could
be made, recommended adjustments that would continue to encourage minority
participation in the program and would improve the success rate of the
disadvantaged business enterprises;
(4) recommendations for additions and revisions to criteria used to
determine the performance and financial capabilities of disadvantaged
business enterprises participating under the DBE program; and
(5) a determination of additional costs incurred by the Federal Highway
Administration in meeting the requirement for 10 per centum participation,
as described in paragraph (2).
(d) REPORT- Not later than 12 months after the date of the enactment of
this Act, the Comptroller General of the United States shall submit a
report on the findings of the study described in subsection (a) to the
Committee on Environment and Public Works of the Senate and the Committee
on Transportation and Public Works of the House of Representatives.

c03d4277cc13b837887a3b5ae0f81f9323a6a688d2f52d3e3fed94c39de5dfb6

(a) Section 118 of title 23, United States Code, is amended to read
as follows:
`(a) DATE AVAILABLE FOR OBLIGATION- Except as otherwise specifically
provided, authorizations from the Highway Account of the Highway Trust Fund
to carry out this title shall be available for obligation when apportioned or
allocated, or on October 1 of the fiscal year for which they are authorized,
whichever first occurs.
`(b) PERIOD OF AVAILABILITY DISCRETIONARY PROJECTS-
`(1) INTERSTATE CONSTRUCTION FUNDS- Funds apportioned or allocated for
Interstate Construction in a State shall remain available for obligation in
that State until the close of the fiscal year in which they are apportioned
or allocated. Sums not obligated by the close of the fiscal year in which
they are apportioned or allocated shall be allocated to other States, except
Massachusetts, at the discretion of the Secretary. All sums apportioned
or allocated on or after October 1, 1994 shall remain available in the
State until expended: And provided further, That all sums apportioned
or allocated to Massachusetts on or before October 1, 1989 shall remain
available until expended.
`(2) OTHER FUNDS- Except as otherwise specifically provided, funds (other
than interstate construction) apportioned or allocated pursuant to this
title in a State shall remain available for obligation in that State for
a period of three years after the close of the fiscal year for which the
funds are authorized. Any amounts so apportioned or allocated that remain
unobligated at the end of that period shall lapse.
`(c) ALASKA AND PUERTO RICO- Funds made available to the State of Alaska
and the Commonwealth of Puerto Rico under this title may be expended for
construction of access and development roads that will serve resource
development, recreational, residential, commercial, industrial, and other
like purposes.
`(d) SET ASIDE FOR INTERSTATE DISCRETIONARY PROJECTS-
`Before any apportionment is made under section 103(b)(5) for a fiscal
year beginning after September 30, 1991 the Secretary shall set aside
$200,000,000. Such funds shall be available for obligation by the Secretary
under the following priorities:
`(1) FIRST- For high cost projects which directly contribute to the
completion of a segment of the interstate system which is not open to
traffic;
`(2) SECOND- For projects of high cost in relation to a State's total
apportionment of funds; and
`(3) THIRD- For projects with respect to which the Secretary may make
payments under section 115 of title 23, United States Code.'.

607722802bb6540edf674a5cce7bbb84c0858a964fb0c2ed0fb4ba4f27aec5be

(a) Section 102 of title 23, United States Code, is amended to read
as follows:
`Sec. 102. Program efficiencies
`(a) STANDARDS- Except as provided in section 133(c), projects undertaken
pursuant to the Surface Transportation Program must be designed, constructed,
operated, and maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and construction
standards. The design and construction standards to be adopted for
highways classified as principal arterials  and designated as a part of
the interim or permanent National Highway System shall be those approved
by the Secretary in cooperation with the State highway departments and the
American Association of State Highway and Transportation Officials. Any
State may request that the Secretary no longer review and approve design
and construction standards for any project other than a project on an
Interstate highway or other multi-lane limited access control highways,
except as provided in subsection (b), regarding resurfacing projects. After
receiving any such request the Secretary shall undertake project review
only as requested by the State.
`(b) PAVEMENT REHABILITATION PROJECTS- Notwithstanding any other provision
of this title, a State highway or transportation department may approve the
design of a pavement rehabilitation project or highway resurfacing project on
any project constructed pursuant to this title: Provided, That States comply
with the requirements of all other applicable Federal laws and regulations.
`(c) HIGHWAY MAINTENANCE STANDARDS- Notwithstanding any other provision
of this title, a State highway or transportation department may establish
maintenance standards for projects constructed pursuant to this title,
which shall be subject to annual approval by the Secretary. The Secretary
may not withhold project approval pursuant to section 106 if a State is
meeting maintenance standards approved by the Secretary under this section.
`(d) HOV PASSENGER REQUIREMENTS- A State highway or transportation department
shall establish the occupancy requirements of vehicles operating in high
occupancy vehicle lanes: Provided, That no fewer than two occupants may be
required. For the purposes of this title and the Surface Transportation
Efficiency Act of 1991, motorcycles and bicycles shall not be considered
single occupant vehicles. Nothing in this title or the Surface Transportation
Efficiency Act of 1991 shall be construed as altering the provisions or
effect of section 163 of the Highway Improvement Act of 1982.
`(e) ENGINEERING COST REIMBURSEMENT- A State shall refund to the Highway
Trust Fund all Federal funds for preliminary engineering for any project
if the project has not yet advanced to construction or acquisition of
right-of-way within ten years of receipt of such Federal funds.'.
(b) HISTORIC AND SCENIC VALUES- Section 109 of title 23, United States Code,
is amended by adding at the end the following new subsection:
`(p) Where a proposed project under sections 103(e)(4), 133, or 144 involves
a historic facility or where such project is located in an area of historic
or scenic value, the Secretary may approve such project notwithstanding the
requirements of subsections (a) and (b) and section 133(c) if such project
is designed to standards that allow for the preservation of these values:
Provided, That such project is designed with mitigation measures to allow
preservation of these values and ensure safe operation of the project.'.
(c) DELEGATION OF RESPONSIBILITIES- Section 302 of title 23, United States
Code, is amended by adding at the end the following new subsection:
`(c) At the request of the Governor of any State, the Secretary is authorized
to permit the highway or transportation department of a municipality of
over 1 million population within the State to perform all such duties and
responsibilities regarding projects undertaken within the municipality as
are delegated to it that would otherwise be the responsibility of the State
highway or transportation department. For purposes of this subsection,
the Secretary shall use estimates prepared by the Secretary of Commerce
when determining population figures.'.
(d) CONFORMING AMENDMENTS- The analysis of chapter 1 of title 23, United
States Code, is amended by striking:
`Sec. 102. Authorizations.'.
and inserting in lieu thereof:
`Sec. 102. Program efficiencies.'.

641eca561b8a4bda10e84985a8293ad89c0b02191befd36584bc53506f2b81ef

(a) NEW REQUIREMENTS- Section 153 of title 23, United States Code, is
amended to read as follows:
`Sec. 153. Use of safety belts and motorcycle helmets
`(a) State Laws-
`(1) FISCAL YEAR 1995- If, at any time in fiscal year 1994 a State does
not have in effect--
`(A) a State law which makes it unlawful for an individual to operate a
motorcycle if any individual on the motorcycle is not wearing a motorcycle
helmet; and
`(B) a State law which makes it unlawful for an individual to operate a
passenger vehicle if any individual in a front seat of the vehicle (other
than a child who is secured in a child restraint system) does not have a
safety belt properly fastened about the individual's body;
the State shall expend for highway safety programs 1.5 per centum of the
amount apportioned to such State for fiscal year 1995 under section 104(b)(1).
`(2) AFTER FISCAL YEAR 1995- If, at any time in a fiscal year beginning
after September 30, 1994, a State does not have in effect--
`(A) a State law which makes it unlawful for an individual to operate a
motorcycle if any individual on the motorcycle is not wearing a motorcycle
helmet; and
`(B) a State law which makes it unlawful for an individual to operate a
passenger vehicle if any individual in a front seat of the vehicle (other
than a child who is secured in a child restraint system) has a safety belt
properly fastened about the individual's body;
the State shall expend for highway safety programs 3 per centum of the
amount apportioned to such State for the succeeding fiscal year under
section 104(b)(1). A State which is required to expend funds for highway
safety programs under this subsection shall expend such funds for purposes
eligible under section 402; section 152, except repavement; and section 130.
`(3) FEDERAL SHARE- The Federal share of the cost of any project carried
out under this subsection shall be 100 per centum.
`(4) AVAILABILITY- Notwithstanding the requirements of section 118, funds
subject to be set aside under this subsection shall be available only in
the year for which they were apportioned, and shall thereafter lapse. For
purposes of making expenditures of such funds, a State shall use an amount
of the obligation authority distributed for the Surface Transportation
Program for the fiscal year in which the set aside apportionments were
made equal to the amount required to be expended under this subsection.
`(b) Grants to States-
`(1) STATE ELIGIBILITY- The Secretary may make grants to a State in
accordance with this section if such State has in effect--
`(A) a State law which makes it unlawful for an individual to operate a
motorcycle if any individual on the motorcycle is not wearing a motorcycle
helmet; and
`(B) a State law which makes it unlawful for an individual to operate a
passenger vehicle if any individual in a front seat of the vehicle (other
than a child who is secured in a child restraint system) does not have a
safety belt properly fastened about the individual's body.
`(2) USE OF GRANTS- A grant made to a State under this section shall be
used to adopt and implement a traffic safety program to carry out the
following purposes:
`(A) To educate the public about motorcycle and passenger vehicle safety and
motorcycle helmet, safety belt, and child restraint system use and to involve
public health education agencies and other related agencies in these efforts.
`(B) To train law enforcement officers in the enforcement of State laws
described in paragraph (1).
`(C) To monitor the rate of compliance with State laws described in
subsection (a).
`(D) To enforce State laws described in paragraph (1).
`(3) MAINTENANCE OF EFFORT- A grant may not be made to a State under this
section in any fiscal year unless the State enters into such agreements
with the Secretary as the Secretary may require to ensure that such State
will maintain its aggregate expenditures from all other sources for any
traffic safety program described in subsection (b) at or above the average
level of such expenditures in the State's two fiscal years preceding the
date of the enactment of this section.
`(4) FEDERAL SHARE- A State may not receive a grant under this section in
more than three fiscal years. The Federal share payable for a grant under
this section shall not exceed--
`(A) in the first fiscal year such State receives a grant, 75 per centum
of the cost of implementing in such fiscal year a traffic safety program
described in subsection (b);
`(B) in the second fiscal year such State receives a grant, 50 per centum
of the cost of implementing in such traffic safety program; and
`(C) in the third fiscal year such State receives a grant, 25 per centum
of the cost of implementing in such fiscal year such traffic safety program.
`(5) MAXIMUM AGGREGATE AMOUNT OF GRANTS- The aggregate amount of grants
made to a State under this section shall not exceed 90 per centum of the
amount apportioned to such State for fiscal year 1990 under section 402.
`(6) Eligibility for grants-
`(A) A State is eligible in a fiscal year for a grant under this section
only if the State enters into such agreements with the Secretary as the
Secretary may require to ensure that the State implements in such fiscal
year a traffic safety program described in subsection (b).
`(B) A State is eligible for a grant under this section in a fiscal year
succeeding the first fiscal year in which a State receives a grant under
this section only if the State in the preceding fiscal year--
`(i) has in effect at all times a State law described in paragraph (1)(A)
and achieves a rate of compliance with such law of not less than 75 per
centum; and
`(ii) has in effect at all times a State law described in paragraph
(1)(B) and achieves a rate of compliance with such law of not less than
50 per centum.
`(C) A State is eligible for a grant under this section in a fiscal year
succeeding the second fiscal year in which a State receives a grant under
this section only if the State in the preceding fiscal year--
`(i) has in effect at all times a State law described in paragraph (1)(A)
and achieves a rate of compliance with such law of not less than 85 per
centum; and
`(ii) has in effect at all times a State law described in paragraph
(1)(B) and achieves a rate of compliance with such law of not less than
70 per centum.
`(c) MEASUREMENTS OF RATES OF COMPLIANCE- For the purposes of subsection (b)
(2) and (3), a State shall measure compliance with State laws described
in subsection (b)(1) using methods which conform to guidelines to be
issued by the Secretary ensuring that such measurements are accurate and
representative.
`(d) DEFINITIONS- For the purposes of this section, the following
definitions apply:
`(1) The term `child restraint system' means a device which is designed
for use in a passenger vehicle to restrain, seat, or position a child who
weighs 50 pounds or less.
`(2) The term `motorcycle' means a motor vehicle with motive power which
is designed to travel on not more than 3 wheels in contact with the surface.
`(3) The term `passenger vehicle means a motor vehicle with motive power
which is designed for transporting 10 individuals or less, including
the driver, except that such term shall not include a vehicle which is
constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle
which is not required on the date of the enactment of this section under
a Federal motor vehicle safety standard to be equipped with a belt system.
`(4) The term `safety belt' means--
`(A) with respect to open-body vehicles and convertibles, and occupant
restraint system consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
`(B) with respect to other passenger vehicles, an occupant restraint system
consisting of integrated lap and shoulder belts.
`(e) AUTHORITY- All provisions of chapter 1 of this title that are
applicable to Surface Transportation Program funds, other than provisions
relating to the apportionment formula, shall apply to funds authorized
to be appropriated to carry out this section, except as determined by
the Secretary to be inconsistent with this section and except that sums
authorized by this section shall remain available until expended.'.
(b) STUDY- The Secretary shall conduct a study of restrained and unrestrained
individuals injured in motor vehicle crashes and of helmeted and non-helmeted
motorcyclists injured in motorcycle crashes, collecting and analyzing data
from regional trauma systems regarding differences in: The severity of
injuries; acute, rehabilitative and long-term medical costs, including the
sources of reimbursement and the extent to which these sources cover actual
costs; and mortality and morbidity outcomes. Of the amounts authorized
to be appropriated for fiscal year 1992 to carry out the requirements of
this section, not less than $5,000,000 shall be available until expended to
carry out this subsection. The Secretary shall report the results of this
study to Congress not later than 40 months after the date of enactment of
this Act. Approval by the Secretary of Transportation of the payment of
such sums shall establish a contractual obligation of the United States
to pay such sums.
(c) REGULATIONS- Not later than one hundred and eighty days after the
date of the enactment of this Act, the Secretary shall issue regulations
to carry out section 153 of title 23, United States Code.
(d) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United
States Code, is amended by striking:
`Sec. 153. [Repealed.].'.
and inserting in lieu thereof:
`Sec. 153. Use of Safety Belts and Motorcycle Helmets.'.

64e4f57bfec46bfb43ff8f0779daabb7b2f5f6432d55b635ae9fc2071f54370f

(a) ELIGIBILITY- A State may use as a credit toward the non-Federal
matching share requirement for all programs under this Act and title
23, United States Code, those funds that are generated and used by
public, quasi-public and private agencies to build, improve, or maintain
transportation infrastructure that serves the public purpose of interstate
commerce. Such public, quasi-public or private agencies shall have built,
improved, or maintained such transportation infrastructure without Federal
funds.
(b) MAINTENANCE OF EFFORT- The credit for any non-Federal share shall not
reduce nor replace State monies required to match Federal funds for any
program pursuant to this Act or title 23, United States Code. In receiving
a credit for non-Federal capital expenditures under this section, a State
shall enter into such agreements as the Secretary may require to ensure
that such State will maintain its non-Federal transportation capital
expenditures at or above the average level of such expenditures for the
preceding three fiscal years.
(c) TREATMENT- Use of such credit for a non-Federal share shall not expose
such agencies from which the credit is received to additional liability,
additional regulation or additional administrative oversight. When
credit is applied from chartered multi-State agencies, such credit shall
be applied equally to all charter States. The public, quasi-public, and
private agencies from which the credit for which the non-Federal share is
calculated shall not be subject to any additional Federal design standards,
laws or regulations as a result of providing non-Federal match other than
those to which such agency is already subject.

6f16bde85a2f368b8b96d9ac6e289b87dc5c672ff4b887ddac8eddc852199949

(a) RIGHT-OF-WAY REVOLVING FUND- Section 108(c)(3) of title 23, United
States Code, is amended by striking out `ten' and inserting in lieu thereof
`twenty'.
(b) EARLY ACQUISITION OF RIGHTS-OF-WAY- Section 108 of title 23, United
States Code, is further amended by adding subsection (d) as follows:
`(d) EARLY ACQUISITION OF RIGHTS-OF-WAY- Federal funds may be used
to participate in payment of the costs incurred by a State for the
acquisition of rights-of-way, acquired in advance of any Federal approval
or authorization, which are subsequently incorporated into a project, and
the costs incurred by the State for the acquisition of land necessary to
preserve environmental and scenic values. The Federal share payable  of
the costs shall be eligible for reimbursement out of funds apportioned to
the State when the rights-of way acquired are incorporated into a project
eligible for surface transportation funds, if the State demonstrates to
the Secretary and the Secretary finds that--
`(1) any land acquired, and relocation assistance provided complied with
the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended;
`(2) title VI, of the Civil Rights Act of 1964 has been complied with;
`(3) the State has a mandatory comprehensive and coordinated land use,
environment, and transportation planning process under State law and that
the acquisition is certified by the Governor as consistent with the State
plans prior to the acquisition;
`(4) the acquisition is determined in advance by the Governor to be
consistent with the State transportation planning process pursuant to
section 135 of this Act;
`(5) the alternative for which the right-of-way is acquired is selected
by the State pursuant to regulations to be issued by the Secretary, which
provide for the consideration of the environmental impacts of various
alternatives;
`(6) prior to the time that the cost incurred by a State is approved for
Federal participation, environmental compliance pursuant to the National
Environmental Policy Act has been completed for the project for which
the right-of-way was acquired by the State, and the acquisition has been
approved by the Secretary under this Act, and in compliance with section
4(f) of the Department of Transportation Act, section 7 of the Endangered
Species Act, and all other applicable environmental laws shall be identified
by the Secretary in regulations; and
`(7) prior to the time that the cost incurred by a State is approved for
Federal participation, both the Secretary and the Administrator of the
Environmental Protection Agency have concurred that the property acquired
in advance of Federal approval or authorization did not influence the
environmental assessment of the project, the decision relative to the need to
construct the project, or the selection of the project design or location.'.
(c) CONFORMING AMENDMENTS- Section 108 of title 23, United States Code,
is further amended--
(1) in subsection (a), by striking out `on any of the Federal-aid highway
systems, including the Interstate System,' each of the two places it appears;
(2) in subsection (c)(2), by striking `on any Federal-aid system'; and
(3) in subsection (c)(3) by striking `on the Federal-aid system of which
such project is to be a part'.

ae5655e4d5f8785b8513d9cb3345d2fcce2971b38813853d993f349feea71c30

(a) IN GENERAL- Not later than twelve months after the date of enactment of
this Act, the Secretary, in consultation with the Secretary of the Interior,
shall submit to the Congress a study of alternative transportation modes
for use in the National Park System. Such study shall consider the economic
and technical feasibility, environmental effects, projected costs and
benefits as compared to the costs and benefits of existing transportation
systems, and general suitability of transportation modes that would provide
efficient and environmentally sound ingress to and egress from National
Park lands. Such study shall also consider methods to obtain private capital
for the construction of such transportation modes and related infrastructure.
(b) AUTHORIZATION OF APPROPRIATIONS- From within the sums authorized to
be appropriated for subsection 202(d) of title 23, United States Code,
$300,000 shall be made available to carry out this section.

1f9d45d09fd5e3153becd23ed7fe8aec3c6f3c6b86fa52a0419ec38ce4520eed

The Secretary shall revise the Manual of Uniform Traffic Control Devices
to include--
(a) a standard for a minimum level of retroreflectivity that must be
maintained for pavement markings and signs, which shall apply to all roads
open to public travel;
(b) a standard to define the roads that must have a center line or edge
lines or both, provided that in setting such standard the Secretary shall
consider the functional classification of roads, traffic volumes, and the
number and width of lanes.

33bb0be75c30c13d0bc5f6c8dec642279d48efa7e4b33823e1b541038440cce1

(a) Beginning on the date three years after the date of enactment of this
Act, the Secretary of Transportation shall make no grant to any State
under title 23 of the United States Code, other than projects or grants
for safety where the Secretary determines that the principal purpose of
the project is an improvement in safety that will result in a significant
reduction in or avoidance of accidents, for any year unless the State
shall have submitted to the Secretary a certification that the asphalt
pavement laid in the State in such year and financed in whole or part by
such grants shall satisfy the minimum utilization requirement for asphalt
rubber pavement established by this section. The Secretary may modify
the minimum utilization requirement for asphalt rubber pavement during a
phase-in period, if the Secretary determines that such phase-in period is
necessary to develop production and application facilities for asphalt
rubber pavement. Such phase-in period shall not extend beyond the date
six years after the date of enactment of this section. The Secretary may
increase the minimum utilization requirement for asphalt rubber pavement
to be used in federally-assisted highway projects to the extent it is
technologically and economically feasible to do so and if an increase is
appropriate to assure markets for the reuse and recycling of scrap tires.
(b) The Secretary may set aside the provisions of this section for
any three-year period on a determination, made in concurrence with the
Administrator of the Environmental Protection Agency with respect to
paragraphs (1) and (2), that there is reliable evidence indicating--
(1) that manufacture, application or use of asphalt rubber pavement
substantially increases risks to human health or the environment as compared
to the risks associated with conventional pavement;
(2) that asphalt rubber pavement cannot be recycled to the same degree as
conventional pavement; or
(3) that asphalt rubber pavement does not perform adequately as a material
for the construction or surfacing of highways and roads.
(c) Any determination made to set aside the requirements of this section
may be renewed for an additional three-year period by the Secretary, with
the concurrence of the Administrator with respect to determinations made
under subsections (b)(1) and (b)(2). Any determination made with respect to
subsection (b)(3) may be made for specific States or regions considering
climate, geography and other factors that may be unique to the State or
region and that would prevent the adequate performance of asphalt rubber
pavement in such State or region.
(d) The minimum utilization requirement for asphalt rubber pavement in
federally-assisted highway projects shall be not less than an average
of six pounds of rubber derived from scrap tires for each one ton of
finished asphalt pavement used in federally-assisted highway projects in the
State. The Secretary may grant a State credit toward the minimum utilization
requirement for volumes of asphalt rubber pavement used in other road and
construction projects and for asphalt rubber pavement containing rubber
at rates less than or greater than six pounds per ton: Provided, That the
total amount of rubber used in asphalt pavement containing rubber in the
State in any year is at least equivalent to the amount that would be used if
100 per centum of the pavement used in federally-assisted highway projects
in the State contained six pounds of rubber per ton of finished pavement.
(e) The Secretary shall establish a minimum utilization requirement
for asphalt rubber pavement less than the minimum otherwise required by
subsection (d) in a particular State, upon the request of such State and
with the concurrence of the Administrator of the Environmental Protection
Agency, if the Secretary determines that there is not a sufficient quantity
of scrap tires available prior to disposal in the State to meet the minimum
utilization requirement established by subsection (d) and each of the other
recycling and processing uses, including retreading, for which scrap tires
are required.
(f) For purposes of this section--
(1) the term `process' means the utilization of tires to reclaim material
or energy value;
(2) the term `recycle' means to process scrap tires to produce usable
materials other than fuels;
(3) the term `asphalt rubber pavement' means any hot mix asphalt paving
mixture which contains rubber derived from scrap tires, is produced using
the wet or dry process and is used for a pavement base, surface course,
or stress absorbing membrane interlayer;
(4) the term `stress absorbing membrane interlayer' means a process of spray
applying asphalt rubber pavement prior to the overlayment of conventional
asphalt pavement to reduce reflective cracking and to waterproof the roadway.
(g) The Secretary shall, in cooperation with the Administrator of the
Environmental Protection Agency, conduct a program of research to determine--
(1) the public health and environmental risks associated with the production
and use of asphalt rubber pavement;
(2) the performance of the asphalt rubber pavement under various climate
and use conditions; and
(3) the degree to which asphalt rubber pavement can be recycled.
The research program required by this subsection shall be completed not later
than three years after the date of enactment of this Act. The Secretary is
authorized to use funds pursuant to sections 103(b) and 115 (making amendments
to section 307 of title 23, United States Code) to carry out the research
required by this subsection.

997b253d9b2001a2213c134375a50bd141b6cbc12b2aa28f8390936215c71ded

Section 108 of title 23, United States Code, is amended--
(a) in subsection (a) by striking out `on any of the Federal-aid highway
systems, including the Interstate System' in each of the two places it
appears; by striking out `State highway department' in each of the two
places it appears and inserting in lieu thereof `State transportation
department'; and by inserting `or passenger rail facility' after `road'; and
(b) in subsection (c) by inserting `and passenger rail facilities' after
`highways' in paragraph (2); by striking `on any Federal-aid system' in
paragraph (2); by striking `State highway department' and inserting in lieu
thereof `State transportation department' in paragraph (2); by inserting
`or passenger rail facility' after `highway' in each of the two places it
appears in paragraph (3); and by striking `on the Federal-aid system of
which such project is to be a part' in paragraph (3).

b094ba84f4e77f928b1cbc5f4d1a3ac91a393950016bda614e972f8570a3e920

There is hereby created a National Scenic and Historic Byways Program,
and an Office of Scenic and Historic Byways within the Federal Highway
Administration, which Office shall administer the program. The Office shall
provide technical assistance to the States and shall provide grants for
the planning, design and development of State scenic byway programs. The
Secretary, in consultation with the Secretaries of Agriculture, Interior,
and Commerce, and other interested parties, shall establish criteria
for roads to be designated as part of an All American Roads program. The
Secretary shall designate the roads to be included in the All American
Roads program. Roads considered for such designation shall be nominated
by the States and Federal agencies. For all State-owned roads nominated
by Federal agencies, the State shall concur in the nomination. The sum
of $5,000,000 per year is authorized to be appropriated for the purposes
of carrying out this section. The Secretary shall establish criteria for
allocating such funds to the States.

6bcac5089107bd71a85701cbf6d725760e950cc645e44795fddd3fab092def9a

(a) Within two years of the date of enactment of this Act, the Secretary
shall submit to the Congress a proposal for a National Highway System to
provide an interconnected system of principal arterial routes which will
serve major population centers, ports, airports, international border
crossings, and other major travel destinations; meet national defense
requirements; and serve interstate and interregional travel. The National
Highway System shall consist of highways on the Interstate System and other
specified urban and rural principal arterials, including toll facilities.
(b) During the two year period prior to the submission of the proposed
National Highway System to Congress, the interim National Highway System
shall consist of the Interstate System and such urban and rural principal
arterials (including toll facilities) as designated by each State. Each
State shall expend at least 17.5 percent of the amounts authorized by
section 103(b)(1) of this Act for each of the fiscal years 1992 and 1993
on such interim National Highway System.
(c) A final National Highway System submitted to Congress by the Secretary
shall be designated in accordance with guidelines issued by the Secretary
which provide for equitable allocation of mileage among States. The final
system shall be designated by each State in consultation with regional and
local officials, with the approval of the Secretary. Ninety days  after
submission of the proposed National Highway System to Congress, each State
shall expend at least 17.5 percent of the amounts authorized by section
103(b)(1) of this Act for each of the fiscal years 1994 through 1996 on
the system so designated in the report to Congress or on such system as is
modified by an Act of Congress. Amounts authorized by section 103(b)(1) of
this Act do not include any amounts transferred to the Surface Transportation
Program from the Interstate Maintenance Program, or any other program.
(d) If a State certifies to the Secretary that apportionments required
to be spent on the National Highway System pursuant to this section are
in excess of amounts needed to adequately maintain the National Highway
System routes within the State as determined by the Bridge Management
System and Pavement Management System under section 135(a) of title 23,
as amended by this Act, the State may transfer up to 20 percent of these
amounts for any project eligible under the Surface Transportation Program.

7882c9772234298ca36a8a6411c9a5eb99e3cefff8d2db2d14a622a685d50de9

(a) NEW DEFINITIONS- Section 101(a) of title 23, United States Code, is
amended adding definitions for `carpool project', `hazard elimination',
`magnetic levitation system', `metropolitan area', `open to public travel',
`operational improvement', `public authority', `public lands highway',
`railway-highway crossing', `reconstruction', and `transportation enhancement
activities' as follows:
`The term `carpool project' means any project to encourage the use of
carpools and vanpools, including but not limited to provision of carpooling
opportunities to the elderly and handicapped, systems for locating potential
riders and informing them of carpool opportunities, acquiring vehicles for
carpool use, designating existing highway lanes as preferential carpool
highway lanes, providing related traffic control devices, and designating
existing facilities for use for preferential parking for carpools.
`The term `hazard elimination' means the correction or elimination of
hazardous locations, sections, or elements, including roadside obstacles and
unmarked or poorly marked roads which may constitute a danger to motorists,
bicyclists or pedestrians.
`The term `magnetic levitation system' means any facility (including
vehicles) using magnetic levitation for transportation of passengers
or freight that is capable of operating at high speeds, and capable of
operating along Interstate highway rights of way.
`The term `metropolitan area' means an area so designated pursuant to
section 134.
`The term `open to public travel' means that the road section is available,
except during scheduled periods, extreme weather or emergency conditions,
passable by four-wheel standard passenger cars, and open to the general
public for use without restrictive gates, prohibitive signs, or regulations
other than restrictions based on size, weight, or class of registration. Toll
plazas of public toll roads are not considered restrictive gates.
`The term `operational improvement' means a capital improvement other than
(1) a reconstruction project; (2) additional lanes except high occupancy
vehicle lanes; (3) interchange and grade separations; or (4) the construction
of a new facility on a new location. The term includes the installation of
traffic surveillance and control equipment; computerized signal systems;
motorist information systems, integrated traffic control systems; incident
management programs; transportation demand management facilities, strategies,
and programs; high occupancy vehicle preferential treatments including
the construction of high occupancy vehicle lanes; and spot geometric and
traffic control modifications to alleviate specific bottlenecks and hazards.
`The term `public authority' means a Federal, State, country, town,
or township, Indian tribe, municipal or other local government or
instrumentality with authority to finance, build, operate or maintain toll
or toll-free facilities.
`The term `public lands highway' means a forest road under the jurisdiction
of and maintained by a public authority and open to public travel, or
any highway through unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations under the jurisdiction of and
maintained by, a public authority and open to public travel.
`The term `railway-highway crossing project' means any project for
the elimination of hazards of railway-highway crossings, including the
protection or separation of grades at crossings, the reconstruction of
existing railroad grade crossing structures, and the relocation of highways
to eliminate grade crossings.
`The term `reconstruction' means the addition of travel lanes and the
construction and reconstruction of interchanges and over crossings,
including acquisition of right-of-way where necessary.
`The term `transportation enhancement activities' means, with respect to any
project or the area to be served by the project, highway safety improvement
projects other than repaving projects, railway-highway crossing projects,
provision of facilities for pedestrians and bicycles, acquisition of
scenic easements and scenic or historic sites, scenic or historic highway
programs, landscaping and other scenic beautification, historic preservation,
rehabilitation and operation of historic transportation buildings, structures
or facilities including historic railroad facilities and canals, preservation
of abandoned railway corridors including the conversion and use thereof for
pedestrian or bicycle trails, control and removal of outdoor advertising,
archaeological planning and research, and mitigation of water pollution
due to highway runoff.'.
(b) Conforming Amendments-
(1) The definition for `highway' is amended by inserting `scenic easements'
after `and also includes'.
(2) The definitions for `Federal-aid highways', `Federal-aid system',
`Federal-aid primary system', `Federal-aid secondary system', `Federal-aid
urban system', `forest highway', `project', and `urban area' are repealed.
(3) The definition for `Indian reservation roads' is amended by striking
`, including roads on the Federal-aid systems,'.
(4) The definition for `park road' is amended by inserting  `, including
a bridge built primarily for pedestrian use, but with capacity for use by
emergency vehicles,' before `that is located in'.

3e1db618ee232c2c5aabca968df0e840034d4c8ba87f6155028b4ead63f32de1

A functional reclassification, which shall be updated periodically,
should be undertaken by each State (as that term is defined in section
101 of title 23, United States Code), the United States Virgin Islands,
American Samoa, Guam and the Commonwealth of the Northern Mariana Islands,
by September 30, 1992, and shall be completed by September 30, 1993 in
accordance with guidelines that will be issued by the Secretary. The
functional reclassification shall classify all public roads (as that term
is defined in section 101 of title 23, United States Code).

ede2bfc39fed49773c1262b13627f0b382fc05621ec45cb30a7da4fd49bca6d7

(a) The following portions of title 23, United States Code, are hereby
repealed, including the chapter analyses relating thereto--
(1) section 105, relating to programs;
(2) section 117, relating to certification acceptance;
(3) section 122, relating to bond retirement;
(4) section 126, relating to diversion of funds;
(5) section 137, relating to parking facilities;
(6) section 146, relating to carpools;
(7) section 147, relating to priority primary projects;
(8) section 148, relating to a national recreational highway;
(9) section 150, relating to urban system funds;
(10) section 155, relating to lake access highways;
(11) section 201, relating to authorizations;
(12) section 212, relating to the Inter-American Highway;
(13) section 216, relating to the Darien Gap Highway;
(14) section 309, relating to foreign countries;
(15) section 310, relating to civil defense;
(16) section 311, relating to strategic highway improvements;
(17) section 312, relating to military officers;
(18) section 318, relating to highway relocation; and
(19) section 320, relating to bridges on Federal dams.

b6e9682f88d703b8033000353a5bb44ca4759488edcd0ed182e27682d92c7cf2

(a) AMENDMENTS TO TITLE 23, UNITED STATES CODE- Title 23, United States
Code, is amended as follows:
(1) Section 103 is amended as follows:
(A) Subsections (a), (b), (c), (d), and (g) are repealed.
(B) Paragraph (e)(1) is amended by striking `All highways or routes included
in the Interstate System as finally approved, if not already coincident
with the primary system, shall be added to said system without regard to
the mileage limitation set forth in subsection (b) of this section.'.
(C) Paragraph (e)(4)(B) is amended by striking the last two sentences and
inserting instead `Each highway project constructed under this paragraph
shall be subject to the provisions of this title applicable to highway
projects constructed under the Surface Transportation Program.'.
(D) Paragraph (e)(4)(E)(i) is amended by striking `for the fiscal year for
which apportioned or allocated, as the case may be, and for the succeeding
fiscal year' and by inserting in lieu thereof `until expended'.
(E) Paragraphs (e)(4)(H)(i) and (e)(4)(H)(iii) are amended by striking
`and 1991' the three places it appears and inserting instead `1991, 1992,
1993, 1994 and 1995'.
(F) Subsection (f) is amended to read as follows:
`(f) The Secretary shall have authority to approve in whole or in part
the Interstate System, or to require modifications or revisions thereof.'.
(2) Section 104 is amended as follows:
(A) Subsection (b)(6) is repealed.
(B) Subsections (c) and (d) are repealed.
(3) Section 106 is amended as follows:
(A) Subsection (a) is amended by striking `117' and inserting instead `133'.
(B) Subsection (b) is repealed.
(C) Subsection (d) is amended by striking `on any Federal-aid system'.
(4) Section 109 is amended as follows:
(A) Subsection (a) is amended by striking `on any Federal-aid system'.
(B) Subsection (c) is repealed.
(C) Subsection (i) is amended by striking `on a Federal-aid system' and
`on any Federal-aid system'; and by striking `the Federal-aid system on
which such project will be located'.
(D) Paragraph (l)(1) is amended by striking `on any Federal-aid system'.
(5) Section 112 is amended by striking subsection (f).
(6) Section 113 is amended--
(A) by striking `on the Federal-aid systems, the primary and secondary,
as well as their extensions in urban areas, and the Interstate System,';
(B) by striking `upon the Federal-aid systems,'; and
(C) by striking `on any of the Federal-aid systems'.
(7) Section 114 is amended as follows:
(A) Subsection (a) is amended by (1) striking `located on a Federal-aid
system' and inserting instead `constructed under this chapter' and (2)
striking `117' and inserting `133'.
(B) Paragraph (b)(3) is amended by striking `located on a Federal-aid
system' and inserting instead `under this chapter'.
(8) Section 115 is amended as follows:
(A) The title of subsection (a) is amended by striking `URBAN, SECONDARY,'
and inserting instead `SURFACE TRANSPORTATION PROGRAM,'.
(B) Subparagraph (a)(1)(A)(i) is amended by striking `section 104(b)(2),
section 104(b)(6)' and inserting instead `section 104(b)(1)'.
(C) The title of subsection (b) is amended by striking `AND PRIMARY'.
(D) Paragraph (b)(1) is amended (i) by striking `the Federal-aid primary
system or'; (ii) by striking `104(b)(1) or'; and (iii) by striking `,
as the case may be,'.
(9) Section 116 is amended as follows:
(A) Subsection (a) is amended by striking `The State's obligation to the
United States to maintain any such project shall cease when it no longer
constitutes a part of a Federal-aid system'.
(B) Subsection (b) is amended by striking `on the Federal-aid secondary
system, or within a municipality,' and inserting instead `within a county
or municipality'.
(10) Section 120 is amended as follows:
(A) Subsection (c) is amended by striking the last sentence.
(B) Subsection (f) is amended by striking `project on a Federal-aid highway
system, including the Interstate System, shall not exceed the Federal share
payable on a project on such system as provided in subsections (a) and (c)
of this section' and inserting instead `project on the Interstate System
shall not exceed the Federal share payable on a project on that system
as provided in subsection (c) of this section and any project off the
Interstate System shall not exceed the Federal share payable as provided
in subsection (a) of this section'.
(C) Subsection (k) is amended by striking `for any Federal-aid system' and
inserting instead `under section 104'; by striking `, and 155 of this title
and for those priority primary routes under section 147'; and by striking
`and for funds allocated under the provisions of section 155'.
(D) Subsection (m) is repealed.
(11) Section 121(c) is amended by inserting `For projects obligated under
section 106' in two places before the word `No'; and by striking `located
on a Federal-aid system'.
(12) Section 123 is amended by striking `on any Federal-aid system'.
(13) Section 124 is amended by striking `of the Federal-aid systems' and
inserting in lieu thereof `public roads or bridges except roads functionally
classified as local or rural minor collector'.
(14) Section 125 is amended as follows:
(A) Subsection (b) is amended (i) by striking `highways on the Federal-aid
highway systems, including the Interstate System' and inserting instead
`public roads except roads functionally classified as local or rural
minor collector' and (ii) by striking `authorized on the Federal-aid
highway systems, including the Interstate System' and inserting instead
`authorized on public roads except roads functionally classified as local
or as rural minor collector'.
(B) Subsection (c) is amended by striking `, whether or not such highways,
roads, or trails are on any of the Federal-aid highway systems'.
(15) Section 130 is amended by striking subsections (a), (e), (f), and
(h), and by renumbering the remaining sections accordingly.
(16) Section 139 is amended as follows:
(A) Subsection (a) is amended (i) by striking `on the Federal-aid primary
system'; (ii) by striking `sections 104(b)(1) and' and inserting instead
`section'; and (iii) by striking `rehabilitating and reconstructing'
and inserting instead `and rehabilitating'.
(B) Subsection (b) is amended (i) by striking `on the Federal-aid primary
system'; (ii) by striking `sections 104(b)(1) and' and inserting instead
`section'; (iii) by striking `rehabilitating and reconstructing' and
inserting instead `and rehabilitating'; and (iv) by striking `section'
in the last sentence and inserting instead `subsection'.
(C) Subsection (c) is amended (i) by striking `on the Federal-aid primary
system'; (ii) by striking `sections 104(b)(1) and' and inserting instead
`section'; and (iii) by striking `restoration, and reconstruction' and
inserting instead `and restoration'.
(17) Section 140 is amended as follows:
(A) Subsection (a) is amended by striking `on any of the Federal-aid
systems,'.
(B) Subsection (c) is amended by striking `104(a)' and inserting instead
`104(b)'.
(18) Section 141(b) is amended by  striking `on the Federal-aid primary
system, the Federal-aid urban system, and the Federal-aid secondary system'
and inserting instead `on public roads except roads functionally classified
as local or rural minor collector'.
(19) Section 152 is amended by striking subsections (d) and (e).
(20) Section 157 is amended as follows:
(A) Subsection (b) is amended (i) by striking `primary, secondary,
Interstate, urban' and inserting instead `Interstate, Surface Transportation
Program' and (ii) by striking the period at the end of the last sentence
and inserting instead `and section 104(a) of the Surface Transportation
Efficiency Act of 1991.'.
(B) Subsection (d) is amended by striking `154(f) or'.
(21) Paragraph (a)(2) of section 158 is amended by striking `104(b)(2),
104(b)(5), and 104(b)(6)' and inserting instead `and 104(b)(5)'.
(22) Section 215 is amended as follows:
(A) Clause (2) of subsection (c) is amended by inserting at the beginning
`except as provided in section 129'.
(B) Subsection (e) is repealed.
(C) Subsection (f) is amended by (1) striking `Federal-aid primary highway'
and inserting instead `Surface Transportation Program' and by (2) striking
`and provisions limiting  the expenditure of such funds to the Federal-aid
systems'.
(23) Section 217 is amended as follows:
(A) Subsection (a) is amended by striking `, (2) and (6)', and by striking
`paragraphs' and inserting in lieu thereof `paragraph'.
(B) Subsection (b) is amended by striking `, (2) and (6)', and by striking
`paragraphs' and inserting in lieu thereof `paragraph'.
(24) Section 302(b) is amended by striking `, for the construction of
projects on the Federal-aid secondary system, financed with secondary funds,
and for the maintenance thereof'.
(25) Section 304 is amended by striking `the Federal-aid highway systems,
including the Interstate System' and inserting instead `Federal-aid
highways'.
(26) Section 315 is amended by striking `sections 204(d), 205(a), 206(b),
207(b), and 208(c)' and inserting instead `section 205(a)'.
(27) Section 317(d) is amended by striking `on a Federal-aid system'
and inserting instead `with Federal aid'.
(28) Subsection (d) of section 402 is amended (A) by striking `Federal-aid
primary highway' and inserting instead `Surface Transportation Program'
and (B) by striking `and provisions limiting the expenditure of such funds
to the Federal-aid system'.
(29) Subsection (g) of section 408 is amended (A) by striking `Federal-aid
primary highway' and inserting instead  `Surface Transportation  Program'
and (B) by striking `and provisions limiting the expenditure of such funds
to Federal-aid systems'.
(b) AMENDMENTS TO THE HIGHWAY SAFETY ACT OF 1978- Subsection (i) of
section 209 of the Highway Safety Act of 1978 is amended by (1) striking
`Federal-aid primary highway' and inserting instead `Surface Transportation
Program' and by (2) striking `and provisions limiting the expenditure of
such funds to the Federal-aid systems'.
(c) AMENDMENTS TO THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982-
(1) Section 411 of the Surface Transportation Assistance Act of 1982 is
amended as follows:
(A) Subsection (a) is amended by striking `Federal-aid Primary System
highways' and inserting instead `highways which were designated as
Federal-aid primary system highways before the enactment of the Surface
Transportation Efficiency Act of 1991'.
(B) Subsection (c) is amended by striking `Federal-aid Primary System
highways' and inserting instead `highways which were designated as
Federal-aid Primary System highways before the enactment of the Surface
Transportation Efficiency Act of 1991'.
(C) Subsection (e) is amended by striking `Federal-aid Primary System
highways' and `Primary System highways' and inserting instead in two places
`highways which were designated as Federal-aid Primary System highways
before the enactment of the Surface Transportation Efficiency Act of 1991'.
(2) Section 412(a) of the Surface Transportation Assistance Act of 1982 is
amended by striking `Federal-aid Primary System highways' and inserting
instead `highways which were designated as Federal-aid Primary System
highways before the enactment of the Surface Transportation Efficiency
Act of 1991'.
(3) Section 416 of the Surface Transportation Assistance Act of 1982 is
amended as follows:
(A) Subsection (a) is amended by striking `Federal-aid highway' in two
places and inserting instead `highway which was on a Federal-aid system on
the date of the enactment of the Surface Transportation Efficiency Act of
1991'; and by striking `Federal-aid Primary System highway' and inserting
instead `highway which was on the Federal-aid Primary System on the date
of enactment of the Surface Transportation Efficiency Act of 1991'.
(B) Subsection (d) is amended by striking `Federal-aid highway' and
inserting instead `highway which was on a Federal-aid system on the date
of the enactment of the Surface Transportation Efficiency Act of 1991'.
(d) AMENDMENTS TO TITLE 42, UNITED STATES CODE- Section 5122(8)(B) of title
42, United States Code, is amended by striking `any non-Federal-aid street,
road or highway' and inserting instead `any street, road or highway not
eligible for emergency relief under title 23, United States Code.'.
(e) OPERATION LIFESAVER- Whenever apportionments are made under section
104(a) of title 23, United States Code, the Secretary shall deduct such
sums as the Secretary deems necessary, not to be less than $250,000 per
fiscal year, for carrying out Operation Lifesaver.
(f) TECHNICAL CORRECTION TO PUBLIC LAW 101-516- Section 333 of Public Law
101-516 is amended by--
(1) inserting the following after `SEC. 333.':
`Chapter 1 of title 23, United States Code, is amended by adding at the
end thereof the following new section:
`Sec. 159. Revocation or suspension of the driver's license of individuals
convicted of drug offenses
`(a)(1)';
(2) by striking the second sentence of such section; and
(3) Section 104 of title 23, United States Code, is amended by inserting
subsections (a)(2), (a)(3), (b) and (c) of such section as those subsections
existed in title 23, United States Code, immediately prior to enactment
of Public Law 101-516.

d140d7be7a0a45b174923c7f6974b26593fa4be16216e8117ea4c359bf8b0415

The Secretary shall, by October 1, 1993, prepare a recodification of
title 23, United States Code, related Acts and statutes and submit the
recodification to the Congress for consideration.

7def2a7ab7c337b7d7beb0c812cd8928b3346832df5a5c6d41a6e3c849592e76

(a) The Secretary of Transportation is hereby authorized to establish a
Timber Bridge Construction Discretionary Grant Program.
(1) Of the amount authorized per fiscal year for each of the fiscal years
1992, 1993, 1994, 1995, and 1996 by section 103(b)(3) of the Surface
Transportation Efficiency Act of 1991 (relating to the bridge program),
$5,000,000 shall be available for obligation at the discretion of the
Secretary for such program. The Federal share payable on any bridge
construction project carried our under this section shall be 80 per centum
of the cost of such construction.
(2) States may submit applications for construction grants in such form
as required by the Secretary, who shall select and approve such grants
based on the following criteria:
(A) bridge design shall have both initial and long term structural and
environmental integrity;
(B) bridge design should utilize timber species native to the State
or region;
(C) innovative design should be utilized that has the possibility of
increasing knowledge, cost effectiveness, and future use of such design; and
(D) environmental practice for preservative treated timber should be utilized
and construction techniques which comply with all environmental regulations.
(b) The Secretary of Transportation is hereby authorized to establish a
Program of Research on Wood Use in Transportation Structures.
(1) Of the amount authorized per fiscal year for each of the fiscal
years 1992, 1993, 1994, 1995, and 1996 by section 103(b)(10) of the
Surface Transportation Efficiency Act of 1991 (relating to Federal
Highway Administration Research Programs), $1,000,000 shall be available
for obligation at the discretion of the Secretary for such program. The
Federal share payable on any research grant shall be 100 per centum.
(2) The Secretary of Transportation, through the Federal Highway
Administration, may make grants to, or contract with States, other Federal
agencies, universities, private businesses, nonprofit organizations,
and any research or engineering entity for research on any one of the
following areas:
(A) timber bridge systems which involve development of new, economical
bridge systems;
(B) development of engineering design criteria for structural wood products
which improve methods for characterizing lumber design properties;
(C) preservative systems which demonstrate new alternatives, and current
treatment processes and procedures optimized for environmental quality in
the application, use and disposal of treated wood.
(D) alternative transportation system timber structures demonstrating
the development of applications for railing, sign, and lighting supports,
sound barriers, culverts, retaining walls in highway applications, docks,
fresh and salt water marine facilities and railway bridges; and
(E) rehabilitation measures which demonstrate effective, safe, reliable
methods for rehabilitating existing structures.
(3) The Secretary, through the Federal Highway Administration, shall assure
that the information and technology resulting from research is transferred
to State and local transportation departments and other interested parties.

fadfea9042ea67f0636745d09e02f20720832b58253d9e876a19b6f526ab61f0

(a) The fourth sentence of subsection 127(a) of title 23, is amended by
adding after `thereof' the following: `, other than vehicles or combinations
subject to subsection (d) of this section,'.
(b) GROSS VEHICLE WEIGHT- Section 127 of title 23, United States Code,
is amended by adding a new subsection (d), to read as follows:
`(d)(1) A longer combination vehicle may continue to operate if and only
if the Secretary of Transportation determines that the particular longer
combination vehicle configuration was authorized by State officials
pursuant to State statute or regulation conforming to this section
and in actual, continuing lawful operation on or before June 1, 1991,
or pursuant to section 335 of Public Law 101-516. All such operations
shall continue to be subject to, at the minimum, all State statutes,
regulations, limitations and conditions, including, but not limited
to routing-specific and configuration-specific designations and all
other restrictions, in force on June 1, 1991, except in Wyoming in which
additional vehicle configurations not in actual operation on June 1, 1991,
may be authorized by State law, unless otherwise directed, not later than
the general election date in 1992, provided such vehicle configurations do
not exceed 117,000 pounds gross vehicle weight and comply with the single
axle, tandem axle, and bridge formula limits set forth in section 127(a) of
title 23, United States Code. Nothing in this subsection shall prevent any
State from further restricting in any manner or prohibiting the operation
of longer combination vehicles otherwise authorized under this subsection,
except that such restrictions or prohibitions shall be consistent with the
requirements of sections 411, 412, and 416 of the Surface Transportation
Assistance Act of 1982 (49 App. U.S.C. 2311, 2312, and 2316). Any State
further restricting or prohibiting the operations of longer combination
vehicles shall, within 30 days, advise the Secretary of Transportation
of such action and the Secretary shall publish a notice of such action in
the Federal Register.
`(2) Within sixty days of the date of enactment of this Act, the Secretary
shall publish in the Federal Register a complete list of those State statutes
and regulations and of all limitations and conditions, including, but not
limited to routing-specific configuration-specific designations and all
other restrictions, governing the operation of longer combination vehicles
otherwise prohibited under this subsection. No statute or regulation shall
be included on the list published by the Secretary merely on the grounds
that it authorized, or could have authorized, by permit or otherwise,
the operation of longer combination vehicles, not in actual, continuing
operation on or before June 1, 1991. Except as modified pursuant to
the fourth sentence of paragraph (1) of this subsection, the list shall
become final within a further sixty days after publication in the Federal
Register. Longer combination vehicles may not operate on the National
System of Interstate and Defense Highways except as provided in the list.
`(3) For purposes of this section, a longer combination vehicle is any
combination of a truck tractor and two or more trailers or semitrailers
which operate on the National System of Interstate and Defense Highways
at a gross vehicle weight greater than eighty-thousand pounds.
`(4) Nothing in this subsection shall be construed to allow the operation on
any segment of the National System of Interstate and Defense Highways of any
commercial motor vehicle combination prohibited under section 411(j) of the
Surface Transportation Assistance Act of 1982 (49 App. U.S.C.  2311(j)).'.
(c) Section 141(b) of title 23, United States Code, is amended by adding
at the end the following new sentence: `Each State shall also certify
that it is enforcing and complying with section 127(d) of this title and
section 411(j) of the Surface Transportation Assistance Act of 1982 (49
App. U.S.C. 2311(j).'.

8a6820f03d27607bda97715c0ce5015c28c6deab9f47f6c468d03342ec663e93

Section 411 of the Surface Transportation Assistance Act of 1982 (49
App. U.S.C. 2311) is amended by adding at the end the following new
subsection:
`(j)(1) No State shall allow by statute, regulation, permit, or any other
means, the operation on any segment of the National System of Interstate
and Defense Highways and those classes of qualifying Federal-aid Primary
System highways as designated by the Secretary, pursuant to subsection (e)
of this section, of any commercial motor vehicle combination with two or
more cargo carrying units (not including the truck tractor), whose cargo
carrying units exceed, as determined by the Secretary--
`(A) the maximum combination trailer, semitrailer, or other type of length
limitation authorized by statute or regulations of that State on or before
June 1, 1991; or
`(B) the length of the cargo carrying units of those commercial motor
vehicle combinations, by specific configuration, in actual, continuing
lawful operation (including continuing seasonal operation) in that State
on or before June 1, 1991.
`(2) For purposes of this subsection, the length of the cargo carrying
units of a commercial motor vehicle combination is the length measured
from the front of the first cargo carrying unit to the rear of the last
cargo carrying unit.
`(3) Commercial motor vehicle combinations whose operations in a State
are not prohibited under paragraph (1) of this subsection may continue
to operate in such State on the highways described in paragraph (1) only
if in compliance with, at the minimum, all State statutes, regulations,
limitations, and conditions, including but not limited to routing-specific
and configuration-specific designations and all other restrictions in force
in such State on June 1, 1991. Nothing in this subsection shall prevent any
State from further restricting in any manner or prohibiting the operation
of any commercial motor vehicle combination subject to this subsection,
except that such restrictions or prohibitions shall be consistent with the
requirements of this section and of section 412 and section 416 (a) and (b)
of this Act. Any State further restricting or prohibiting the operations
of commercial motor vehicle combinations shall advise the Secretary within
30 days after such action and the Secretary shall publish a notice of such
action in the Federal Register.
`(4) Within 60 days after the date of enactment of this subsection, the
Secretary shall publish in the Federal Register a list of length limitations,
as determined by the Secretary, applicable to commercial motor vehicle
combinations operating in each State on the highways described in paragraph
(1). The list shall indicate the applicable State statutes and regulations
associated with such length limitations. The list shall become final within
60 days after publication in the Federal Register. Commercial motor vehicle
combinations prohibited under paragraph (1) may not operate on the National
System of Interstate and Defense Highways and other Federal-aid Primary
System highways as designated by the Secretary. The list may be combined
by the Secretary with the list required under section 127(d) of title 23,
United States Code.
`(5) Nothing in this subsection shall be construed to allow the operation
on any segment of the National System of Interstate and Defense Highways of
any longer combination vehicle prohibited under section 127(d) of title 23,
United States Code.
`(6) Nothing in this subsection shall be interpreted to affect in any
way the operation of commercial motor vehicles having only one cargo
carrying unit. Nor shall this subsection be interpreted to affect in any
way the operation in a State of commercial motor vehicles with two or more
cargo carrying units if such vehicles were in actual, continuing operation
(including continuing seasonal operation) in that State on or before June 1,
1991, authorized under State statute, regulation, or lawful State permit.
`(7) As used in this subsection, `cargo carrying unit' means any portion
of a commercial motor vehicle combination (other than the truck tractor)
used for the carrying of cargo, including a trailer, semitrailer, or the
cargo carrying section of a single unit truck.'.
SEC. 138A. NATIONAL MAXIMUM SPEED LIMIT.
(a) Section 141 of title 23, United States Code, is amended by striking
subsection (a).
(b) Section 154 of title 23, United States Code, is amended to read
as follows:

d32bcfc40b843dae79ecd4ef8247cfc4f839372756098be40e21326c72d1c927

`(a) SPEED LIMIT--A State shall not have (1) a maximum speed limit on
any public highway within its jurisdiction in excess of fifty-five miles
per hour other than highways on the Interstate System located outside of
an urbanized area, (2) a maximum speed limit on any highway within its
jurisdiction on the Interstate System located outside of an urbanized
area in excess of sixty-five miles per hour, (3) a maximum speed limit on
any highway within its jurisdiction in excess of sixty-five miles per hour
located outside of an urbanized area which is; (A) constructed to interstate
standards in accordance with section 109(b) and connected to an interstate
highway posted at sixty-five miles per hour; (B) a divided four-lane fully
controlled access highway designed or constructed to connect to an Interstate
highway posted at sixty-five miles per hour and constructed to design
and construction standards as determined by the Secretary which provide a
facility adequate for a speed limit of sixty-five miles per hour; or (C)
constructed to geometric and construction standards adequate for current
and probable future traffic demands and for the needs of the locality and
designated by the secretary as part of the Interstate System in accordance
with section 139(c) or (4) a speed limit on any other portion of a public
highway within its jurisdiction which is not uniformly applicable to all
types of motor vehicles using that portion of the highway, if on November
1, 1973, that portion of the highway had a speed limit which was uniformly
applicable to all types of motor vehicles using it. A lower speed limit may
be established for any vehicle operating under a special permit because of
any weight or dimension of that vehicle including any load thereon. Clause
(4) shall not apply to any portion of a highway, during the time that the
condition of the highway, weather, an accident or other condition creates
a temporary hazard to the safety of traffic on that portion of a highway.
`(b) SPEED DATA- Each State shall submit to the Secretary speed-related
data as the Secretary determines by rule is necessary for each twelve-month
period ending on September 30. The data shall be collected in accordance
with criteria to be established by the Secretary and shall include data
on citations and travel speeds on public highways with speed limits posted
at or above fifty-five miles per hour.
`(c) MOTOR VEHICLE DEFINED- As used in this section the term `motor vehicle'
means any vehicle driven or drawn by mechanical power manufactured primarily
for use on public highways, except any vehicle operated exclusively on a
rail or rails.
`(d) CERTIFICATION- Each State shall certify to the Secretary before January
1 of each year that it is enforcing all speed limits on public highways in
accordance with this section.  The Secretary shall not approve any project
under section 106 in any State which has failed to certify in accordance
with this subsection. In preparing a certification under this subsection,
the State shall consider the speed-related data it submits to the Secretary
under subsection (b).'.

20958998f8c5d731e36eab11fcdada15192748cf5d064e81b74caa99783d8453

Section 204(c) of title 23, United States Code, is amended by adding at
the end the following new sentence: `Notwithstanding any other provision of
this title, Indian reservation roads under the jurisdiction of the Bureau
of Indian Affairs of the Department of the Interior shall be eligible to
expend funds apportioned under this section from the Highway Trust Fund
for the purpose of road sealing projects.'.

fa88ee5894a67cf610ce1bb4fab864e71b30ea7d87de504f9f1ad71453cc7aff

1a780f23efaea832656baddce582f8fb930d95cec38b0a55d8d1b8f840216564

This part may be cited as the `National Recreational Trails Fund Act
of 1991'.

96e77dcc56a2a436aa4771f7f9c518a4c4918471008b8d3fa80d68a61572420b

(a) IN GENERAL- Subchapter A of chapter 98 of the Internal Revenue Code of
1986 (relating to trust fund code) is amended by adding at the end thereof
the following new section:
`SEC. 9511. NATIONAL RECREATIONAL TRAILS TRUST FUND.
`(a) CREATION OF TRUST FUND- There is established in the Treasury of
the United States a trust fund to be known as the `National Recreational
Trails Trust Fund', consisting of such amounts as may be appropriated,
credited, or paid to it as provided in this section, section 9503(c)(6),
or section 9602(b).
`(b) EXPENDITURES FROM TRUST FUND- Amounts in the National Recreational
Trails Trust Fund shall be available for making expenditures to carry out
the purposes of the National Recreational Trails Fund Act of 1991.'.
(b) DEPOSIT OF UNREFUNDED HIGHWAY TRUST FUND MONEYS- Section 9503(c)
of the Internal Revenue Code of 1986 (relating to Highway Trust Fund)
is amended by adding at the end thereof the following new paragraph:
`(6) Transfers from the trust fund for  nonhighway recreational fuel taxes-
`(A) TRANSFER TO NATIONAL RECREATIONAL TRAILS TRUST FUND- The Secretary shall
annually pay from the Highway Trust Fund into the National Recreational
Trails Trust Fund amounts (as determined by the Secretary) equivalent to
0.3 per centum of total Highway Trust Fund receipts, as adjusted by the
Secretary pursuant to subparagraph (B).
`(B) Adjustment of percentage-
`(i) FIRST YEAR- Within 1 year after the date of enactment of this Act,
the Secretary shall, based on studies of nonhighway recreational fuel
usage in the various States, adjust the percentage of receipts paid into
the National Recreational Trails Trust Fund to correspond to the revenue
received from nonhighway recreational fuel taxes.
`(ii) SUBSEQUENT YEARS- Not more frequently than once every 3 years, the
Secretary may increase or decrease the percentage established under clause
(i) to reflect, in the Secretary's estimation, changes in the amount of
revenues received from nonhighway recreational fuel taxes.
`(iii) AMOUNT OF ADJUSTMENT- The amount of an adjustment in the percentage
stated in clause (ii) shall be not more than 10 per centum of that percentage
in effect at the time the adjustment is made.
`(iv) USE OF DATA- The Secretary shall make use of data on off-highway
recreational vehicle registrations and use in making adjustments under
clauses (i) and (ii).
`(C) DEFINITIONS- For the purposes of this paragraph--
`(i) NONHIGHWAY RECREATIONAL FUEL TAXES- The term `nonhighway recreational
fuel taxes' means the taxes under sections 4041, 4081, and 4091 (to the
extent attributable to the Highway Trust Fund financing rate) with respect
to fuel used as nonhighway recreational fuel.
`(ii) NONHIGHWAY RECREATIONAL FUEL- The term `nonhighway recreational
fuel' means--
`(I) fuel used in vehicles and equipment on recreational trails or back
country terrain, including use in vehicles registered for highway use when
used on recreational trails, trail access roads not eligible for funding
under title 23, United States Code, or back country terrain; and
`(II) fuel used in campstoves and other outdoor recreational equipment.'.
(c) CLERICAL AMENDMENT- The table of sections for subchapter A of chapter
98 of the Internal Revenue Code of 1986 is amended by adding at the end
thereof the following new item:
`Sec. 9511. National Recreational Trails Trust Fund.'.

eea84feeb5fe9d99125b47bfcada5d678e83338c540ac6d0ab975fd673086b02

(a) IN GENERAL- The Secretary, using amounts available in the Fund, shall
administer a program allocating moneys to the States for the purposes of
providing and maintaining recreational trails.
(b) STATEMENT OF INTENT- Moneys made available under this Act are to be used
on trails and trail-related projects which have been planned and developed
under the otherwise existing laws, policies and administrative procedures
within each State, and which are identified in, or which further a specific
goal of, a trail plan included or referenced in a Statewide Comprehensive
Outdoor Recreation Plan required by the Land and Water Conservation Fund Act.
(c) State Eligibility-
(1) TRANSITIONAL PROVISION- Until the date that is three years after the
date of enactment of this Act, a State shall be eligible to receive moneys
under this Act only if such State's application proposes to use the moneys
as provided in subsection (e).
(2) PERMANENT PROVISION- On and after the date that is three years after
the date of enactment of this Act, a State shall be eligible to receive
moneys under this Act only if--
(A) a recreational trail advisory board on which both motorized and
nonmotorized recreational trail users are represented exists within
the State;
(B) in the case of a State that imposes a tax on nonhighway recreational
fuel, the State by law reserves a reasonable estimation of the revenues
from that tax for use in providing and maintaining recreational trails;
(C) the Governor of the State has designated the State official or officials
who will be responsible for administering moneys received under this Act; and
(D) the State's application proposes to use moneys received under this
Act as provided in subsection (e).
(d) Allocation of Moneys in the Fund-
(1) ADMINISTRATIVE COSTS- No more than 3 per centum of the expenditures made
annually from the Fund may be used to pay the cost to the Secretary for--
(A) approving applications of States for moneys under this Act;
(B) paying expenses of the National Recreational Trails Advisory Committee;
(C) conducting national surveys of nonhighway recreational fuel consumption
by State, for use in making determinations and estimations pursuant to
this Act; and, if any such funds remain unexpended, for--
(D) research on methods to accommodate multiple trail uses and increase
the compatibility of those uses, information dissemination, technical
assistance, and preparation of a national trail plan  as required by the
National Trails System Act (16 U.S.C. 1241 et al).
(2) Allocation to states-
(A) AMOUNT- Amounts in the Fund remaining after payment of the administrative
costs described in paragraph (1), shall be allocated and paid to the States
annually in the following proportions:
(i) EQUAL AMOUNTS- 50 per centum of such amounts shall be allocated equally
among eligible States.
(ii) AMOUNTS PROPORTIONATE TO NONHIGHWAY RECREATIONAL FUEL USE- 50 per centum
of such amounts shall be allocated among eligible States in proportion to
the amount of nonhighway recreational fuel use during the preceding year
in each such State, respectively.
(B) USE OF DATA- In determining amounts of nonhighway recreational fuel
use for the purpose of subparagraph (A)(ii), the Secretary may consider
data on off-highway vehicle registrations in each State.
(3) LIMITATION ON OBLIGATIONS- The provisions of paragraphs (1) and (2)
notwithstanding, the total of all obligations for recreational trails
under this section shall not exceed--
(A) $30,000,000 for fiscal year 1992;
(B) $50,000,000 for fiscal year 1993;
(C) $54,000,000 for fiscal year 1994;
(D) $56,000,000 for fiscal year 1995;
(E) $56,000,000 for fiscal year 1996;
(e) USE OF ALLOCATED MONEYS-
(1) PERMISSIBLE USES- A State may use moneys received under this Act for--
(A) in an amount not exceeding 7 per centum of the amount of moneys received
by the State, administrative costs of the State;
(B) in an amount not exceeding 5 per centum of the amount of moneys received
by the State, operation of environmental protection and safety education
programs relating to the use of recreational trails;
(C) development of urban trail linkages near homes and workplaces;
(D) maintenance of existing recreational trails, including the grooming
and maintenance of trails across snow;
(E) restoration of areas damaged by usage of recreational trails and back
country terrain;
(F) development of trail-side and trail-head facilities that meet goals
identified by the National Recreational Trails Advisory Committee;
(G) provision of features which facilitate the access and use of trails
by persons with disabilities;
(H) acquisition of easements for trails, or for trail corridors identified
in a State trail plan;
(I) acquisition of fee simple title to property from a willing seller,
when the objective of the acquisition cannot be accomplished by acquisition
of an easement or by other means;
(J) construction of new trails on State, county, municipal, or private
lands, where a recreational need for such construction is shown; and
(K) only as otherwise permissible, and where necessary and required
by a State Comprehensive Outdoor Recreation plan, construction of new
trails crossing Federal lands, where such construction is approved by the
administering agency of the State, and the Federal agency or agencies charged
with management of all impacted lands, such approval to be contingent upon
compliance by the Federal agency with all applicable laws, including the
National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Forest
and Rangeland Renewable Resources Planning Act of 1974, as amended (16
U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act
(43 U.S.C. 1701 et seq.).
(2) USE NOT PERMITTED- A State may not use moneys received under this
Act for--
(A) condemnation of any kind of interest in property; or
(B)(i) construction of any recreational trail on National Forest System
lands for motorized uses unless such lands:
(I) have been allocated for uses other than wilderness by an approved
Forest land and resource management plan or have been released to uses
other than wilderness by an Act of Congress, and
(II) such construction is otherwise consistent with the management direction
in such approved land and resource management plan;
(ii) construction of any recreational trail on Bureau of Land Management
lands for motorized uses unless such lands:
(I) have been allocated for uses other than wilderness by an approved
Bureau of Land Management resource management plan or have been released
to uses other than wilderness by an Act of Congress, and
(II) such construction is otherwise consistent with the management direction
in such approved management plans; and
(C) upgrading, expanding or otherwise facilitating motorized use or access
to trails predominantly used by non-motorized trail users and on which,
as of May 1, 1991, motorized use is either prohibited or has not occurred.
(3) Grants-
(A) IN GENERAL- A State may provide moneys received under this Act as grants
to private individuals, organizations, city and county governments, and other
government entities as approved by the State after considering guidance
from the recreational trail advisory board satisfying the requirements of
section 143(c)(2)(A), for uses consistent with this section.
(B) COMPLIANCE- A State that issues such grants under subparagraph (A)
shall establish measures to verify that recipients comply with the specified
conditions for the use of grant moneys.
(4) ASSURED ACCESS TO FUNDS- Except as provided under paragraphs (6) and
(8)(B), not less than 30 per centum of the moneys received annually by
a State under this Act shall be reserved for uses relating to motorized
recreation, and not less than 30 per centum of those moneys shall be
reserved for uses relating to non-motorized recreation.
(5) DIVERSIFIED TRAIL USE-
(A) REQUIREMENT- To the extent practicable and consistent with other
requirements of this section, a State shall expend moneys received under
this Act in a manner that gives preference to project proposals which--
(i) provide for the greatest number of compatible recreational purposes
including, but not limited to, those described under the definition of
`recreational trail' in subsection (g)(5); or
(ii) provide for innovative recreational trail corridor sharing to
accommodate motorized and non-motorized recreational trail use.
This paragraph shall remain effective until such time as a State has
allocated not less than 40 per centum of moneys received under this Act in
the aforementioned manner.
(B) COMPLIANCE- The State shall receive guidance for determining compliance
with subparagraph (A) from the recreational trail advisory board satisfying
the requirements of section 143(c)(2)(A).
(6) SMALL STATE EXCLUSION- Any State with a total land area of less
than three million five hundred thousand acres, and in which nonhighway
recreational fuel use accounts for less than 1 per centum of all such
fuel use in the United States, shall be exempted from the requirements of
paragraph (4) of this subsection upon application to the Secretary by the
State demonstrating that it meets the conditions of this paragraph.
(7) CONTINUING RECREATIONAL USE- At the option of each State, moneys
made available pursuant to this Act may be treated as Land and Water
Conservation Fund moneys for the purposes of section 6(f)(3) of the Land
and Water Conservation Fund Act.
(8) RETURN OF MONEYS NOT EXPENDED- (A) Except as provided in subparagraph
(B), moneys paid to a State that are not expended or dedicated to a
specific project within four years after receipt for the purposes stated
in this subsection shall be returned to the Fund and shall thereafter be
reallocated under the formula stated in subsection (d).
(B) If approved by the State recreational trail advisory board satisfying the
requirements of section 143(c)(2)(A), may be exempted from the requirements
of paragraph (4) and expended or committed to projects for purposes otherwise
stated in this subsection for a period not to extend beyond 4 years after
receipt, after which any remaining moneys not expended or dedicated shall
be returned to the Fund and shall thereafter be reallocated under the
formula stated in subsection (d).
(f) Coordination of Activities-
(1) COOPERATION BY FEDERAL AGENCIES- Each agency of the United States
Government that manages land on which a State proposes to construct or
maintain a recreation trail pursuant to this Act is encouraged to cooperate
with the State and the Secretary in planning and carrying out the activities
described in subsection (e). Nothing in this Act diminishes or in any way
alters the land management responsibilities, plans and policies established
by such agencies pursuant to other applicable laws.
(2) Cooperation by private persons-
(A) WRITTEN ASSURANCES- As a condition to making available moneys for work
on recreational trails that would affect privately owned land, a State shall
obtain written assurances that the owner of the property will cooperate with
the State and participate as necessary in the activities to be conducted.
(B) PUBLIC ACCESS- Any use of a State's allocated moneys on private lands
must be accompanied by an easement or other legally binding agreement
that ensures public access to the recreational trail improvements funded
by those moneys.
(g) DEFINITIONS- For the purposes of this section--
(1) ELIGIBLE STATE- The term `eligible State' means a State that meets
the requirements stated in subsection (c).
(2) FUND- The term `Fund' means the National Recreational Trails Trust
Fund established by section 9511 of the Internal Revenue Code of 1986.
(3) NONHIGHWAY RECREATIONAL FUEL- The term `nonhighway recreational fuel'
has the meaning stated in section 9503(c)(6)(C)(ii) of the Internal Revenue
Code of 1986.
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) RECREATIONAL TRAIL- The term `recreational trail' means a thoroughfare or
track across land or snow, used for recreational purposes such as bicycling,
cross-country skiing, day hiking, equestrian activities, jogging or similar
fitness activities, trail biking, overnight and long-distance backpacking,
snowmobiling, aquatic or water activity and vehicular travel by motorcycle,
four-wheel drive or all-terrain off-road vehicles, without regard to
whether it is a `National Recreation Trail' designated under section 4 of
the National Trails System Act (16 U.S.C. 1243).
(6) MOTORIZED RECREATION- The term `motorized recreation' may not
include motorized conveyances used by persons with disabilities, such as
self-propelled wheelchairs, at the discretion of each State.

c93166fbf65367691011e243b03e7118bf3e4d64a99eddf2167a731f1dee0aeb

(a) ESTABLISHMENT- There is established the National Recreational Trails
Advisory Committee.
(b) MEMBERS- There shall be eleven members of the advisory committee,
consisting of--
(1) Eight members appointed by the Secretary from nominations submitted by
recreational trail user organizations, one each representing the following
recreational trail uses:
(A) Hiking,
(B) Cross country skiing,
(C) Off-highway motorcycling,
(D) Snowmobiling,
(E) Horseback riding,
(F) All terrain vehicle riding,
(G) Bicycling,
(H) Four-wheel driving;
(2) an appropriate official of government with a background in science
or natural resources management, including any official of State or local
government, designated by the Secretary;
(3) one member appointed by the Secretary from nominations submitted by
water trail user organizations; and
(4) one member appointed by the Secretary from nominations submitted by
hunting and fishing enthusiast organizations.
(c) CHAIRMAN- The Chair of the advisory committee shall be the government
official referenced in subsection (b)(2), who shall serve as a non-voting
member.
(d) SUPPORT FOR COMMITTEE ACTION- Any action, recommendation, or policy of
the advisory committee must be supported by at least five of the members
appointed under subsection (b)(1).
(e) TERMS- Members of the advisory committee appointed by the Secretary
shall be appointed for terms of three years, except that the members filling
five of the eleven positions shall be initially appointed for terms of
two years, with subsequent appointments to those positions extending for
terms of three years.
(f) DUTIES- The advisory committee shall meet at least twice annually to--
(1) review utilization of allocated moneys by States;
(2) establish and review criteria for trail-side and trail-head facilities
that qualify for funding under this Act; and
(3) make recommendations to the Secretary for changes in Federal policy
to advance the purposes of this Act.
(g) ANNUAL REPORT- The advisory committee shall present to the Secretary
an annual report on its activities.
(h) REIMBURSEMENT FOR EXPENSES- Non-governmental members of the advisory
committee shall serve without pay, but, to the extent funds are available
pursuant to section 143(d)(1)(B), shall be entitled to reimbursement
for travel, subsistence, and other necessary expenses incurred in the
performance of their duties.
(i) REPORT TO CONGRESS- Not later than four years after the date of enactment
of this Act, the Secretary shall prepare and submit to the Committee on
Environment and Public Works of the Senate, and the Committee on Public
Works and Transportation of the House of Representatives, a study which
summarizes the annual reports of the National Recreational Trails Advisory
Committee, describes the allocation and utilization of moneys under this
Act, and contains recommendations for changes in Federal policy to advance
the purposes of this Act.
PART C--INTELLIGENT VEHICLE-HIGHWAY SYSTEMS ACT

0c97e539e5c8ee92d9c5036b3305013d8003ccb25285b1bb06d89b5220d18db2

This Part may be cited as the `Intelligent Vehicle-Highway Systems Act
of 1991'.

33e95011f91b051d094cbf7d4132ba73558838275c7b5546e4463ac1a23b734f

(a) ESTABLISHMENT OF PROGRAM- The Secretary of Transportation (hereinafter
referred to in this title as the `Secretary') shall conduct a program to
promote and facilitate the implementation of Intelligent Vehicle-Highway
Systems as a component of the Nation's surface transportation systems. The
goals of such program shall include, but not be limited to--
(1) the widespread implementation of Intelligent Vehicle-Highway Systems
to enhance the capacity, efficiency, and safety of the Federal-aid highway
system, including as an alternative to additional physical capacity of
that system;
(2) the enhancement, through more efficient use of the Federal-aid highway
system, of the efforts of the several States to attain air quality goals,
as established by the Administrator of the Environmental Protection Agency
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), as amended by
Public Law 101-549 (104 t. 2399);
(3) the enhancement of safe and efficient operation of the Nation's
highway systems;
(4) the development and promotion of Intelligent Vehicle-Highway Systems
and an Intelligent Vehicle-Highway Systems industry in the United States,
utilizing authority provided under section 307 of title 23, United States
Code;
(5) the reduction of societal, economic, and environmental costs associated
with traffic congestion;
(6) the enhancement of United States industrial and economic competitiveness
and productivity, by improving the free flow of people and commerce, and
by establishing a significant United States presence in an emerging field
of technology;
(7) the development of a technology base for Intelligent Vehicle-Highway
Systems and the establishment of the capability to perform demonstration
experiments, utilizing existing national laboratory capabilities where
appropriate; and
(8) the facilitation of the transfer of transportation technology from
national laboratories to the private sector.
(b) COORDINATION- The Secretary shall lead and coordinate an Intelligent
Vehicle-Highway Systems program and shall foster its use as a key component
of the Nation's surface transportation systems. As appropriate, the Secretary
shall consult with the Secretary of Commerce, the Administrator of the
Environmental Protection Agency, the Director of the National Science
Foundation, and the heads of other interested Federal departments and
agencies, in carrying out the purposes of this title. The Secretary shall
strive to transfer federally owned or patented technology to State and
local governments and to the United States private sector. As appropriate,
the Secretary shall maximize the involvement of the United States private
sector, colleges and universities, and State and local governments in
aspects of such programs, including design, conduct (including operations
and maintenance), evaluation, and financial or in-kind participation.
(c) STANDARDS- The Secretary shall develop and implement standards and
protocols to promote the widespread use and evaluation of Intelligent
Vehicle-Highway Systems technology as a component of the Nation's surface
transportation systems. To the extent practicable, such standards and
protocols shall promote compatibility among Intelligent Vehicle-Highway
Systems technologies implemented throughout the several States. The Secretary
is authorized to make use of existing standards-setting organizations as
the Secretary determines appropriate.
(d) EVALUATION- The Secretary shall establish guidelines and requirements
for the evaluation of field and related operational tests carried out
pursuant to section 155 of this Act.
(e) INFORMATION CLEARINGHOUSE- The Secretary shall establish a repository
for technical and safety data collected as a result of federally sponsored
projects pursuant to this title, and shall make such information readily
available, upon request, at an appropriate cost to all users, except
for proprietary information and data. In carrying out the requirements
of this subsection, the Secretary may delegate this responsibility, with
continuing oversight by the Secretary, to an appropriate entity not within
the Department of Transportation. For the purposes of carrying out the
requirements of this subsection, such entity would be eligible for Federal
aid, as specified in this title.

252ef65ea98e422d0c2939aabe7b3e3a3c03962191bf2fe1c714beac10486811

The Secretary is authorized to utilize one or more advisory committees
in carrying out his responsibilities under this title. Any advisory
committee so utilized shall be subject to the Federal Advisory Committee
Act (5 U.S.C. App.), and funding provided for any such committee shall be
available from monies appropriated for advisory committees as specified
in relevant appropriations Acts, and from funds allocated for research,
development, and implementation activities in connection with the Intelligent
Vehicle-Highway Systems program under this title.

218339a67a6abac0c13d3f0d07f3dcd89b001a6d2d11ea25df1f7428a3eea10e

(a) Strategic Plan-
(1) STRATEGIC PLAN- Not later than twelve months following the date of
the enactment into law of this title, the Secretary shall formulate, and
submit to Congress, a strategic plan for the Intelligent Vehicle-Highway
Systems program under this title.
(2) SCOPE OF STRATEGIC PLAN- In preparing such plan, the Secretary shall--
(A) specify the goals, objectives, milestones of such program and how
specific projects relate to these, including consideration of the five-,
ten-, and twenty-year timeframes for specified goals and objectives;
(B) detail the status and challenges and non-technical constraints facing
the program;
(C) chart a course of action necessary to achieve the program's goals
and objectives;
(D) provide for the development of standards and protocols to promote and
ensure compatibility in the implementation of Intelligent Vehicle-Highway
Systems technologies; and
(E) provide for the accelerated use of advanced technology to reduce
traffic congestion along heavily populated and traveled corridors.
(b) Implementation Reports-
(1) IMPLEMENTATION REPORTS- Not later than twenty-four months after the date
of enactment of this title, and annually thereafter, the Secretary shall
submit to the Congress a report on the implementation of the strategic
plan required in subsection (a) of this section.
(2) SCOPE OF IMPLEMENTATION REPORTS- In preparing such report, the
Secretary shall--
(A) analyze the possible and actual accomplishments of Intelligent
Vehicle-Highway Systems projects in achieving congestion, safety,
environmental, and energy conservation goals, as described in this title;
(B) specify cost-sharing arrangements made, including the scope and nature
of Federal investment, in any research, development, or implementation
project under such program;
(C) assess non-technical problems and constraints identified as a result
of each such implementation project; and
(D) include, if appropriate, any recommendations for legislation or
modification to the strategic plan required in subsection (a) of this
section.
(c) Report to Congress-
(1) REPORT TO CONGRESS- In cooperation with the Attorney General and the
Secretary of Commerce, the Secretary shall prepare and submit, within
twenty-four months following the date of enactment of this title, a report
to Congress addressing the non-technical constraints and barriers to all
aspects of the innovation of such program under this title.
(2) SCOPE OF REPORT TO CONGRESS- In preparing such report, the Secretary
shall--
(A) address antitrust, privacy, educational and staffing needs, patent,
liability, standards and other constraints, barriers, or concerns relating
to such program;
(B) recommend legislation and other administrative action necessary to
further the Intelligent Vehicle-Highway Systems program under this title; and
(C) address ways to further promote industry and State and local government
involvement in such program.
(3) UPDATE OF REPORT- Within five years following such date of enactment,
the Secretary shall prepare an update of such report.

405bd64610e3f738d0b1034341a3326945376dc6646eb810fbc937ed4856ac41

(a) TECHNICAL ASSISTANCE AND INFORMATION- The Secretary is authorized to
provide planning and technical assistance and information to State and
local governments seeking to use and evaluate Intelligent Vehicle-Highway
Systems technologies. In doing so, the Secretary shall assist State and
local officials in developing provisions for implementing areawide traffic
management control centers, necessary laws to advance such systems, the
infrastructure for such existing and evolving systems, and other necessary
activities to carry out the Intelligent Vehicle-Highway Systems program
under this title.
(b) PLANNING GRANTS- Subject to the availability of funds, the Secretary
is authorized to make grants for feasibility and planning studies to be
conducted by State and local governments. Such grants shall be made at
such time, in such amounts, and subject to such conditions as the Secretary
may determine.
(c) TRAFFIC MANAGEMENT SYSTEMS- Any interagency traffic and incident
management entity, including independent public authorities or agencies,
contracted to a State department of transportation for the implementation of
traffic management systems of designated corridors, is eligible to receive
Federal transportation funds under this title through the appropriate
State department of transportation.
(d) FUNDING OF PROJECTS- In deciding which projects or operational tests
relating to Intelligent Vehicle-Highway Systems to fund utilizing authority
provided under section 307 of title 23, United States Code, the Secretary
shall--
(1) give the highest priority to those projects that would contribute to the
national goals and objectives specified in the Intelligent Vehicle-Highway
Systems strategic plan required pursuant to section 154 of this title,
minimize the relative percentage of Federal contributions to total project
costs, but not including Federal-aid funds;
(2) seek to fund operational tests that advance the current State of
knowledge and, where appropriate, build on successes achieved in previously
funded work involving such programs; and
(3) require that operational tests utilizing Federal funds pursuant to
this Act have a written evaluation of the IVHS technologies investigated
and key outcomes of the investigation, consistent with the guidelines
developed pursuant to section 152(d) of this Act.
(e) AUTHORITY TO USE FUNDS- Each State and eligible local entity is
authorized to use funds provided under this Act for implementation purposes
in connection with the Intelligent Vehicle-Highway Systems Program.

5189f50aa70801200a10c8d6aa3e23aade0c1a588aaf4b405fc172d8c693d638

(a) CONGESTED CORRIDORS PROGRAM- The Secretary shall designate transportation
corridors in which application of Intelligent Vehicle-Highway Systems will
have particular benefit and, through financial and technical assistance,
shall assist in the implementation of such systems. In designating such
corridors, the Secretary shall focus on automatic vehicle identification,
electronic toll collection, highway advisory radio, variable message
signage, advanced traveler information systems, and other steps that would
reduce congestion, enhance safety, and promote a smoother flow of traffic
throughout the corridors.
(b) PRIORITIES- In designating and providing funding for such corridors,
the Secretary shall allocate not less than 50 per centum of the funds
appropriated pursuant to this section to eligible State or local entities
for application in not less than three but not more than ten corridors
with the following characteristics:
(1) traffic density (as a measurement of vehicle miles traveled per road
mile) at least 1.5 times the national average;
(2) severe or extreme nonattainment for ozone, as determined by the
Administrator of the Environmental Protection Agency pursuant to the Clean
Air Act, as amended by Public Law 101-549 (104 t. 2399);
(3) a variety of types of transportation facilities, such as highways,
bridges, tunnels, toll and non-toll;
(4) inability to significantly expand existing surface transportation
facilities;
(5) a significant mix of passenger, public transportation, and commercial
motor carrier traffic;
(6) complexity of traffic patterns; and
(7) potential contribution to the implementation of the Secretary's
strategic plan developed pursuant to section 154 of this title.
(c) ADDITIONAL FUNDING- The balance of funds provided under this section
shall be allocated to eligible State or local entities for application
in corridors with a significant number of the characteristics listed in
subsection (a) of this section.

697cd7d7e140198aafafcadd440951abb3c156cb0825eea59becb8f6d7c0d21a

(A) CONGESTED CORRIDORS PROGRAM- For the congested corridors program
under section 156, within funds authorized to be deducted pursuant to
section 104(a) of title 23, United States Code, there is authorized to
be appropriated $150,000,000 for each of fiscal years 1992, 1993, 1994,
1995, and 1996.
(b) AVAILABILITY OF FUNDS- Funds authorized to be appropriated under this
Act shall remain available until expended.
(c) RESERVATION OF FUNDS- Of the funds provided pursuant to subsection
(a) of this section, not less than 5 per centum shall be reserved for
innovative, high-risk operational or analytical tests that do not attract
substantial non-Federal commitments but are determined by the Secretary as
having significant potential to help accomplish long-term goals established
by the strategic plan prepared pursuant to section 154 of this Act.
(d) FEDERAL SHARE PAYABLE- The Federal share payable on account of activities
authorized pursuant to this title shall not exceed 80 per centum of the
cost. The Secretary may waive this restriction for projects undertaken
pursuant to subsection (c) of this section.

27f623e4006dd70d670b95a44c25d6bf73062dc622364513719f19b0289728d0

For the purposes of this part, the term--
(a) `Intelligent Vehicle-Highway Systems' means the development or
application of electronics, communications, or information processing,
including, but not limited to, advanced traffic management systems, advanced
traveler information systems, and advanced vehicle communications systems,
used singly or in combination to improve the efficiency and safety of
surface transportation systems; and
(b) `corridor' means any major transportation route which includes some
contribution of closely parallel limited access highways, major arterials,
or transit lines; and, with regard to traffic incident management, it may
also refer to more distant transportation routes that can serve as viable
options to each other in the event of traffic incidents.
PART D--RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION

f7c4916d9c00700b79d2e0307e5bd9b002dfb0b9defecf68185225ebbc9b042a

ELECTRIFICATION ADMINISTRATION.
Section 213(c) of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4633) is amended by inserting
`and the Rural Electrification Administration' after `Tennessee Valley
Authority'.
PART A--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AUTHORIZATION

c790211bde851b5ea5ca780076f08ef51fa667de47fba70c4f74ab8ca3f7c0dd

This part may be cited as the `National Highway Traffic Safety Administration
Authorization Act of 1991'.

c58dd30a6fd69b53f9549f3fa04c6dd3cf11df0f5702dc88843d2bd84e0d2879

As used in this part, the term--
(1) `bus' means a motor vehicle with motive power, except a trailer,
designed for carrying more than 10 persons;
(2) `multipurpose passenger vehicle' means a motor vehicle with motive
power (except a trailer), designed to carry 10 persons or fewer, which
is constructed either on a truck chassis or with special features for
occasional off-road operation;
(3) `passenger car' means a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer), designed for
carrying 10 persons or fewer; and
(4) `truck' means a motor vehicle with motive power, except a trailer,
designed primarily for the transportation of property or special purpose
equipment.

7ed8c64baa4554432d93e673ea2a83a3c8c4fa02a970db7b7e19cfdca939e177

(a) TRAFFIC AND MOTOR VEHICLE SAFETY PROGRAM- For the National Highway
Traffic Safety Administration to carry out the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.), there are authorized
to be appropriated $68,722,000 for fiscal year 1992, $71,333,436 for fiscal
year 1993, and $74,044,106 for fiscal year 1994.
(b) MOTOR VEHICLE INFORMATION AND COST SAVINGS PROGRAMS- For the National
Highway Traffic Safety Administration to carry out the Motor Vehicle
Information and Cost Savings Act (15 U.S.C. 1901 et seq.), there are
authorized to be appropriated $6,485,000 for fiscal year 1992, $6,731,430
for fiscal year 1993, and $6,987,224 for fiscal year 1994.
(c) NATIONAL DRIVER REGISTER ACT- Section 211(b) of the National Driver
Register Act of 1982 (23 U.S.C. 401 note) is amended--
(1) by striking `and' the second time it appears; and
(2) by inserting immediately before the period at the end the following:
`, not to exceed $6,131,000 for fiscal year 1992, not to exceed $6,363,978
for fiscal year 1993, and not to exceed $6,605,809 for fiscal year 1994'.
(d) NHTSA HIGHWAY SAFETY PROGRAMS- For the National Highway Traffic Safety
Administration to carry out section 402 of title 23, United States Code,
there are authorized to be appropriated, out of the Highway Trust Fund
(other than the Mass Transit Account), $126,000,000 for fiscal year 1992,
$130,788,000 for fiscal year 1993, $135,757,944 for fiscal year 1994,
$140,916,745 for fiscal year 1995, and $146,271,573 for fiscal year 1996.
(e) NHTSA HIGHWAY SAFETY RESEARCH AND DEVELOPMENT- For the National Highway
Traffic Safety Administration to carry out section 403 of title 23, United
States Code, there are authorized to be appropriated, out of the Highway
Trust Fund (other than the Mass Transit Account), $45,869,000 for each of
the fiscal years 1992, 1993, 1994, 1995, and 1996.

e3d185928ba91006689c52132939cbe80eb79e89763d87487fad071440b0247b

The Secretary shall expend the sums authorized under section 203(e) as
the Secretary deems necessary for the purpose of conducting research on
intelligent vehicle-highway systems.  The Secretary shall develop a strategic
plan with specific milestones, goals, and objectives for that research.
The research should place particular emphasis on aspects of those systems
that will increase safety, and should identify any aspects of the systems
that might degrade safety.

b4e1a9140026236d380a3d88e877dcf408e7001b4fc04b2de2de01c488a2b37e

(a) AMENDMENT OF FMVSS STANDARD 214- The Secretary shall, not later than
12  months after the date of enactment of this Act, issue a final rule
amending Federal Motor Vehicle Safety Standard 214, published as section
571.214 of title 49, Code of Federal Regulations.  The rule shall establish
performance criteria for improved head injury protection for occupants of
passenger cars in side impact accidents.
(b) EXTENSION TO MULTIPURPOSE PASSENGER VEHICLES- Not later than 18 months
after the date of enactment of this Act, the Secretary shall issue a
final rule to extend the applicability of such Standard 214 to multipurpose
passenger vehicles, taking into account the performance criteria established
by the final rule issued in accordance with subsection (a).

8f600d732d6a9f8b89fd1a557fd904bfa6d14513f25624e8e5ad7faaac37f744

(a) Study and Investigation-
(1) ARRANGEMENTS WITH NATIONAL ACADEMY OF SCIENCES- The Secretary shall,
within 30 days after the date of enactment of this Act, enter into
appropriate arrangements with the National Academy of Sciences to conduct
a comprehensive study and investigation regarding means of establishing a
method for calculating a uniform numerical rating, or series of ratings,
which will enable consumers to compare meaningfully the crashworthiness of
different passenger car and multipurpose passenger vehicle makes and models.
(2) CONTENTS OF STUDY- Such study shall include examination of current
and proposed crashworthiness tests and testing procedures and shall
be directed to determining whether additional objective, accurate, and
relevant information regarding the comparative crashworthiness of different
passenger car and multipurpose passenger vehicle makes and models reasonably
can be provided to consumers by means of a crashworthiness rating rule.
Such study shall include examination of at least the following proposed
elements of a crashworthiness rating rule:
(A) information on the degree to which different passenger car and
multipurpose passenger vehicle  makes and models will protect occupants
across the range of motor vehicle crash types when in use on public roads;
(B) a repeatable and objective test which is capable of identifying
meaningful differences in the degree of crash protection provided occupants
by the vehicles tested, with respect to such aspects of crashworthiness
as occupant crash protection with and without use of manual seatbelts,
fuel system integrity, and other relevant aspects;
(C) ratings which are accurate, simple in form, readily understandable,
and of benefit to consumers in making informed decisions in the purchase
of automobiles;
(D) dissemination of comparative crashworthiness ratings to consumers either
at the time of introduction of a new passenger car or multipurpose passenger
vehicle  make or model or very soon after such time of introduction; and
(E) the development and dissemination of crashworthiness data at a cost
which is reasonably balanced with the benefits of such data to consumers
in making informed purchase decisions.
(3) REPORT BY NATIONAL ACADEMY OF SCIENCES- Any such arrangement shall
require the National Academy of Sciences to report to the Secretary and
the Congress not later than 19 months after the date of enactment of
this Act on the results of such study and investigation, together with
its recommendations.  The Secretary shall, to the extent permitted by law,
furnish to the Academy upon its request any information which the Academy
considers necessary to conduct the investigation and study required by
this subsection.
(4) PUBLIC COMMENT- Within 60 days after transmittal of the report of
the National Academy of Sciences to the Secretary and the Congress under
paragraph (3), the Secretary shall initiate a period (not longer than 90
days) for public comment on implementation of the recommendations of the
National Academy of Sciences with respect to a rule promulgated under title
II of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901
et seq.) establishing an objectively based system for determining and
publishing accurate comparative crashworthiness ratings for different
makes and models of passenger cars and multipurpose passenger vehicles.
(5) DETERMINATION BY SECRETARY- Not later than 180 days after the close of
the public comment period provided for in paragraph (4) of this subsection,
the Secretary shall determine, on the basis of the report of the National
Academy of Sciences and the public comments on such report, whether an
objectively based system can be established by means of which accurate and
relevant information can be derived that reasonably predicts the degree
to which different makes and models of passenger cars and multipurpose
passenger vehicles  provide protection to occupants against the risk
of personal injury or death as a result of motor vehicle accidents.
The Secretary shall promptly publish the basis of such determination,
and shall transmit such determination to the Congress.
(b) RULE ON COMPARATIVE CRASHWORTHINESS RATING SYSTEM-
(1) PROMULGATION- If the Secretary determines that the system described
in subsection (a)(5) can be established, the Secretary shall, subject to
the exception provided in paragraph (2), not later than 3 years after the
date of enactment of this Act, promulgate a final rule under section 201
of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1941)
establishing an objectively based system for determining and publishing
accurate comparative crashworthiness ratings for different makes and models
of passenger cars and multipurpose passenger vehicles.  The rule promulgated
under such section 201 shall be practicable and shall provide to the public
relevant objective information in a simple and readily understandable form
in order to facilitate comparison among the various makes and models of
passenger cars and multipurpose passenger vehicles so as to contribute
meaningfully to informed purchase decisions.
(2) REVIEW BY CONGRESSIONAL COMMITTEES- The Secretary shall not promulgate
such rule unless--
(A) a period of 60 calendar days has passed after the Secretary has
transmitted to the Committee on Commerce, Science, and Transportation of
the Senate and to the Committee on Energy and Commerce of the House of
Representatives a summary of the comments received during the period for
public comment specified in subsection (a)(4); or
(B) each such committee before the expiration of such 60-day period
has transmitted to the Secretary written notice to the effect that such
committee has no objection to the promulgation of such rule.
(c) RULE ON PROVIDING CRASHWORTHINESS INFORMATION TO PURCHASERS- If the
Secretary promulgates a rule under subsection (b), not later than 6 months
after such promulgation, the Secretary shall by rule establish procedures
requiring passenger cars and multipurpose passenger vehicle dealers to
make available to prospective passenger car and multipurpose passenger
vehicle purchasers information developed by the Secretary and provided to
the dealer which contains data comparing the crashworthiness of passenger
cars and multipurpose passenger vehicles.

ed5bfd385f325a3bb7987b34147f4cd47202a5f17b4856c1ecf7e069a430e4bc

Section 103 of the National Traffic and Motor Vehicle Safety Act of 1966 (15
U.S.C. 1392) is amended by adding at the end the following new subsection:
`(j)(1) The Secretary shall establish a schedule for use in ensuring
compliance with each Federal motor vehicle safety standard established
under this Act which the Secretary determines is capable of being tested.
Such schedule shall ensure that each such standard is the subject of
testing and evaluation on a regular, rotating basis.
`(2) The Secretary shall, not later than 6 months after the date of enactment
of this subsection, conduct a review of the method for the collection of
data regarding accidents related to Federal motor vehicle safety standards
established under this Act.  The Secretary shall consider the desirability
of collecting data in addition to that information collected as of the date
of enactment of this subsection, and shall estimate the costs involved in
the collection of such additional data, as well as the benefits to safety
likely to be derived from such collection.  If the Secretary determines
that such benefits outweigh the costs of such collection, the Secretary
shall collect such additional data and utilize it in determining which
motor vehicles should be the subject of testing for compliance with Federal
motor vehicle safety standards established under this Act.'.

c01be2c86dac804a5871e0672a551a29d6b23721629c7f376befed04a3513896

(a) INVESTIGATION PROCEDURES- Section 112(a)(1) of the National Traffic
and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1401(a)(1)) is amended by
adding at the end the following:  `The Secretary shall establish written
guidelines and procedures for conducting any inspection or investigation
regarding noncompliance with this title or any rules, regulations, or
orders issued under this title.  Such guidelines and procedures shall
indicate timetables for processing of such inspections and investigations
to ensure that such processing occurs in an expeditious and thorough manner.
In addition, the Secretary shall develop criteria and procedures for use in
determining when the results of such an investigation should be considered
by the Secretary to be the subject of a civil penalty under section 109
of this title.  Nothing in this paragraph shall be construed to limit the
ability of the Secretary to exceed any time limitation specified in such
timetables where the Secretary determines that additional time is necessary
for the processing of any such inspection or investigation.'.
(b) CIVIL PENALTY PROCEDURES- Section 109(a) of the National Traffic and
Motor Vehicle Safety Act of 1966 (15 U.S.C. 1398(a)) is amended by adding
at the end the following: `The Secretary shall establish procedures for
determining the manner in which, and the time within which, a determination
should be made regarding whether a civil penalty should be imposed under
this section. Nothing in this subsection shall be construed to limit the
ability of the Secretary to exceed any time limitation specified for making
any such determination where the Secretary determines that additional time
is necessary for making a determination regarding whether a civil penalty
should be imposed under this section.'.

9f92db2d2259ba61199a3b09d2e6bbeb236b04c7dc39eea737c0b5bac9568531

(a) FINDINGS- The Congress finds that--
(1) multipurpose passenger vehicles have become increasingly popular
during this decade and are being used increasingly for the transportation
of passengers, not property; and
(2) the safety of passengers in multipurpose passenger vehicles has been
compromised by the failure to apply to them the Federal motor vehicle
safety standards applicable to passenger cars.
(b) Classification Review-
(1) RULEMAKING PROCEEDING- In accordance with the applicable provisions of
the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381
et seq.), including the provisions of section 103(a) of such Act (15
U.S.C. 1392(a)) requiring that Federal motor vehicle safety standards
be practicable, meet the need for motor vehicle safety, and be stated in
objective terms, the Secretary shall, not later than 12 months after the
date of enactment of this Act, complete a rulemaking proceeding to review
the system of classification of vehicles with a gross vehicle weight under
10,000 pounds to determine if such vehicles should be reclassified.
(2) CLASSIFICATION CONSISTENCY- Any reclassification pursuant to paragraph
(1) shall, to the maximum extent practicable, classify as a passenger
car every motor vehicle determined by the Department of the Treasury or
United States Customs Service to be a motor car or other motor vehicle
principally designed for the transport of persons under heading 8703 of
the Harmonized Tariff Schedule of the United States.  Nothing in this
section shall prevent the Secretary from classifying as a passenger car
any motor vehicle determined by the Department of the Treasury or United
States Customs Service to be a motor vehicle for the transport of goods
under heading 8704 of such Harmonized Tariff Schedule.

4256cc6beed13ecba04bdf5f7963396b253823cd7ab6f32354d52242a6851b95

The Secretary shall, within 12 months after the date of enactment of
this Act, complete a rulemaking proceeding to consider establishment of
a Federal Motor Vehicle Safety Standard to protect against unreasonable
risk of rollover of passenger cars and multipurpose passenger vehicles.

179aa97df66b3b6c2fa6a0446d761a5eae8c633457785890bce150aad32a5ed4

The Secretary shall expend such portion of the funds authorized to be
appropriated under the Motor Vehicle Information and Cost Savings Act (15
U.S.C. 1901 et seq.), for each of the fiscal years 1992 and 1993, as the
Secretary deems necessary for the purpose of disseminating information to
consumers regarding the manner in which passenger cars may be retrofitted
with lap and shoulder rear seatbelts.

93c3134e20e80874f00568bc8cfdb37b68a212888897b3be40cb703531b9ddf9

(a) DISCLOSURE OF BUMPER IMPACT CAPABILITY- The Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 1901 et seq.) is amended by inserting
immediately after section 102 the following new subsection:
`DISCLOSURE OF BUMPER IMPACT CAPABILITY
`SEC. 102A. (a) The Secretary shall promulgate, in accordance with the
provisions of this section, a regulation establishing passenger motor
vehicle bumper system labeling requirements.  Such regulation shall apply
to passenger motor vehicles manufactured for model years beginning more
than 180 days after the date such regulation is promulgated, as provided
in subsection (c)(2) of this section.
`(b)(1) The regulation required to be promulgated in subsection (a) of
this section shall provide that, before any passenger motor vehicle is
offered for sale, the manufacturer shall affix a label to such vehicle,
in a format prescribed in such regulation, disclosing an impact speed at
which the manufacturer represents that the vehicle meets the applicable
damage criteria.
`(2) For purposes of this subsection, the term `applicable damage criteria'
means the damage criteria applicable under section 581.5(c) of title 49,
Code of Federal Regulations (as in effect on the date of enactment of
this section).
`(c)(1) Not later than 90 days after the date of enactment of this section,
the Secretary shall publish in the Federal Register a proposed initial
regulation under this section.
`(2) Not later than 180 days after such date of enactment, the Secretary
shall promulgate a final initial regulation under this section.
`(d) The Secretary may allow a manufacturer to comply with the labeling
requirements of subsection (b) of this section by permitting such
manufacturer to make the bumper system impact speed disclosure required
in subsection (b) of this section on the label required by section 506
of this Act or section 3 of the Automobile Information Disclosure Act
(15 U.S.C. 1232).
`(e) The regulation promulgated under subsection (a) of this section shall
provide that the information disclosed under this section be provided to
the Secretary at the beginning of the model year for the model involved.
As soon as practicable after receiving such information, the Secretary
shall furnish and distribute to the public such information in a simple
and readily understandable form in order to facilitate comparison among
the various types of passenger motor vehicles.  The Secretary may by rule
require automobile dealers to distribute to prospective purchasers any
information compiled pursuant to this subsection.
`(f) For purposes of this section, the term `passenger motor vehicle'
means any motor vehicle to which the standard under part 581 of title 49,
Code of Federal Regulations, is applicable.'.
(b) AMENDMENT OF BUMPER STANDARD-
(1) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary shall amend the bumper standard published as part 581
of title 49, Code of Federal Regulations, to ensure that such standard is
identical to the bumper standard under such part 581 which was in effect
on January 1, 1982.  The amended standard shall apply to all passenger
cars manufactured after September 1, 1992.
(2) AUTHORITY TO REQUIRE HIGHER STANDARD- Nothing in this subsection shall
be construed to prohibit the Secretary from requiring under such part 581
that passenger car bumpers be capable of resisting impact speeds higher
than those specified in the bumper standard in effect under such part 581
on January 1, 1982.

1fc9ae65638c13f3e2283473ab9c06d823e60bd42daf085119dca904ab8e4a61

(a) IN GENERAL- In accordance with applicable provisions of the National
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.),
the Secretary shall conduct a rulemaking proceeding to amend Federal Motor
Vehicle Safety Standard 213, published as section 571.213 of title 49,
Code of Federal Regulations, to increase the safety of child booster seats
used in passenger cars. The proceeding shall be initiated not later than
30 days after the date of enactment of this Act and completed not later
than 12 months after such date of enactment.
(b) DEFINITION- As used in this section, the term `child booster seat'
has the meaning given the term `booster seat' in section 571.213 of title
49, Code of Federal Regulations, as in effect on the date of enactment of
this Act.

a63b74f8561bdac39e49265e72ca60562c41293b7346f737ce591265db4841f0

(a) AIRBAGS FOR CARS ACQUIRED FOR FEDERAL USE- The Secretary, in cooperation
with the Administrator of General Services and the heads of other appropriate
Federal agencies, shall establish a program requiring that all passenger
cars acquired after September 30, 1991, for use by the Federal Government
be equipped, to the maximum extent practicable, with driver-side airbags
and that all passenger cars acquired after September 30, 1993, for use
by the Federal Government be equipped, to the maximum extent practicable,
with airbags for both the driver and front seat outboard seating positions.
(b) AIRBAGS FOR CERTAIN OTHER VEHICLES-
(1) DEADLINES FOR INSTALLATION- Passenger cars, and those trucks, buses,
and multipurpose passenger vehicles that have a gross vehicle weight rating
of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds
or less, shall, in accordance with the following schedule, be equipped
with airbags complying with the occupant crash protection requirements
under S4.1.2.1 of Federal Motor Vehicle Safety Standard 208, published as
section 571.208 of title 49, Code of Federal Regulations:
(A) All passenger cars manufactured on and after September 1, 1995,
shall be so equipped for both the driver and right front seat outboard
seating positions.
(B) All such trucks, buses, and multipurpose passenger vehicles manufactured
on and after September 1, 1996, and before September 1, 1997, shall,
at a minimum, be so equipped for the driver side.
(C) All such trucks, buses, and multipurpose passenger vehicles manufactured
on and after September 1, 1997, shall be so equipped for both the driver
and right front seat outboard seating positions.
(2) TREATMENT OF AIRBAG REQUIREMENTS- For purposes of sections 108
through 112, 114, 115, 116, 118, 120, 121, and 151 through 158 of the
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1397
through 1401, 1403, 1404, 1405, 1406, 1408, 1409, and 1411 through 1418),
the requirements of paragraph (1) of this subsection are deemed to be a
Federal motor vehicle safety standard prescribed pursuant to section 103
of that Act (15 U.S.C. 1392).

37552cc3780936c7cb5afeb0e854a6195392c89540eaee9658cc192c59bf393a

Part A of title III of the Motor Vehicle Information and Cost Savings Act
(15 U.S.C. 1961 et seq.) is amended by adding at the end the following
new section:
`STATE MOTOR VEHICLE SAFETY INSPECTION PROGRAMS
`SEC. 304. (a) The Congress finds that--
`(1) State motor vehicle safety inspection programs, when properly
administered, can reduce the rate of highway traffic accidents by a
significant percentage;
`(2) the 1990 amendments to the Clean Air Act will subject approximately
60 percent of the vehicles in the United States to emissions inspection;
`(3) as States plan to implement the requirement for emissions inspections,
there is considerable potential for simultaneously and economically
implementing effective motor vehicle safety inspection programs;
`(4) the Secretary, as part of the effort to reduce highway accidents,
should make every effort to ensure that the potential for effective State
motor vehicle safety inspection programs is realized; and
`(5) the Secretary and the Administrator of the Environmental Protection
Agency shall coordinate their efforts so as to ensure maximum coordination
of motor vehicle safety inspections and required emissions inspections.
`(b) The Secretary shall, within six months after the date of enactment
of this section and every year thereafter, submit a report to Congress
detailing the efforts of the Secretary to ensure that State motor vehicle
safety inspection programs are implemented in the most effective manner
possible.  The report shall--
`(1) specify Federal manpower allocations for support of State motor
vehicle safety inspection efforts;
`(2) specify allocations and expenditures of Federal funds on such efforts;
`(3) describe the extent and effect of the coordination by the Secretary
and the Administrator of the Environmental Protection Agency of their
respective efforts regarding motor vehicle safety inspection and required
emissions inspections, and of the coordination of State motor vehicle
safety inspections and emissions inspections;
`(4) list the States that do not have a periodic safety inspection program
for motor vehicles that meets the requirements of Highway Safety Program
Standard Number 1 and part 570 of title 49, Code of Federal Regulations; and
`(5) include any data, furnished by the States that do operate such safety
inspection programs, that concerns the relative effectiveness of their
particular programs.'.

5f074a64e75124235956636a9a9cb1126966eaa3b42e120034c0dc12c3e327f5

(a) NOTIFICATION OF DEFECT OR FAILURE TO COMPLY- Section 153 of the
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1413)
is amended by adding at the end the following new subsections:
`(d) If the Secretary determines that a notification sent by a manufacturer
pursuant to subsection (c) of this section has not resulted in an adequate
number of vehicles or items of equipment being returned for remedy, the
Secretary may direct the manufacturer to send a second notification in
such manner as the Secretary may by regulation prescribe.
`(e)(1) Any lessor who receives a notification required by section 151 or
152 pertaining to any leased motor vehicle shall send a copy of such notice
to the lessee in such manner as the Secretary may by regulation prescribe.
`(2) For purposes of this subsection, the term `leased motor vehicle'
means any motor vehicle which is leased to a person for a term of at least
four months by a lessor who has leased five or more vehicles in the twelve
months preceding the date of the notification.'.
(b) LIMITATION ON SALE OR LEASE OF CERTAIN VEHICLES- Section 154 of the
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1414)
is amended by adding at the end the following:
`(d) If notification is required under section 151 or by an order under
section 152(b) and has been furnished by the manufacturer to a dealer
of motor vehicles with respect to any new motor vehicle or new item of
replacement equipment in the dealer's possession at the time of notification
which fails to comply with an applicable Federal motor vehicle safety
standard or contains a defect which relates to motor vehicle safety,
such dealer may sell or lease such motor vehicle or item of replacement
equipment only if--
`(1) the defect or failure to comply has been remedied in accordance with
this section before delivery under such sale or lease; or
`(2) in the case of notification required by an order under section 152(b),
enforcement of the order has been restrained in an action to which section
155(a) applies or such order has been set aside in such an action.
Nothing in this subsection shall be construed to prohibit any dealer from
offering for sale or lease such vehicle or item of equipment.'.

9748d9d4d104bab221ef63feefbc8f04c039a63f7ee8486dc6dbed80b7fd6f31

(a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking
proceeding on the use of darkened windshields and window glass in passenger
cars and multipurpose passenger vehicles, including but not limited to
the issues of--
(1) the harmonization of light transmittance requirements for multipurpose
passenger vehicles with light transmittance requirements for passenger cars;
(2) performance requirements for light transmittance; and
(3) appropriate levels of light transmittance.
The proceeding shall consider the effects of such issues in the context of
the safe operation of passenger cars and multipurpose passenger vehicles,
as well as on the hazards to the safety of law enforcement personnel as a
result of such use of darkened windshields and window glass.
(b) DEADLINES- The proceeding required by subsection (a) shall be initiated
not later than 6 months after the date of enactment of this Act and
completed not later than 18 months after such date of enactment.

d94215c5fa963e6206c2687015b95430d8ced6f96a74f70e71bb1338d6a2e024

RESTRAINT SYSTEMS.
(a) IN GENERAL- Chapter 4 of title 23, United States Code, is amended by
adding at the end the following new section:
`Sec. 411. Seatbelt and child restraint programs
`(a) Subject to the provisions of this section, the Secretary shall make
grants to those States which adopt and implement seatbelt and child restraint
programs which include measures described in this section to foster the
increased use of seatbelts and the correct use of child restraint systems.
Such grants may only be used by recipient States to implement and enforce
such measures.
`(b) No grant may be made to a State under this section in any fiscal
year unless such State enters into such agreements with the Secretary
as the Secretary may require to ensure that such State will maintain
its aggregate expenditures from all other sources for seatbelt and child
restraint programs at or above the average level of such expenditures in
its two fiscal years preceding the date of enactment of this section.
`(c) No State may receive grants under this section in more than three
fiscal years. The Federal share payable for any grant under this section
shall not exceed--
`(1) in the first fiscal year a State receives a grant under this section,
75 percent of the cost of implementing and enforcing in such fiscal year
the seatbelt and child restraint program adopted by the State pursuant to
subsection (a) of this section;
`(2) in the second fiscal year the State receives a grant under this section,
50 percent of the cost of implementing and enforcing in such fiscal year
such program; and
`(3) in the third fiscal year the State receives a grant under this section,
25 percent of the cost of implementing and enforcing in such fiscal year
such program.
`(d) Subject to subsection (c), the amount of a grant made under this
section for any fiscal year to any State which is eligible for such a grant
under subsection (e) of this section shall equal 20 percent of the amount
apportioned to such State for fiscal year 1991 under section 402.
`(e) A State is eligible for a grant under this section if such State--
`(1) has in force and effect a law requiring all front seat occupants of
a passenger car to use seatbelts;
(2) has achieved--
`(A) in the year immediately preceding a first-year grant, the lesser of
either (i) 70 percent seatbelt use by all front seat occupants of passenger
cars in the State or (ii) a rate of seatbelt use by all such occupants
that is 20 percentage points higher than the rate achieved in 1990;
`(B) in the year immediately preceding a second-year grant, the lesser of
either (i) 80 percent seatbelt use by all such occupants or (ii) the rate
of seatbelt use by all such occupants that is 35 percentage points higher
than the rate achieved in 1990; and
`(C) in the year immediately preceding a third-year grant, the lesser of
either (i) 90 percent seatbelt use by all such occupants or (ii) the rate
of seatbelt use by all such occupants that is 45 percentage points higher
than the rate achieved in 1990; and
`(3) has in force and effect an effective program, as determined by the
Secretary, for encouraging the correct use of child restraint systems.
`(f) As used in this section, the term `child restraint system' has the
meaning given such term in section 571.213 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this section.
`(g) There are authorized to be appropriated, from any funds in the Treasury
not otherwise appropriated, to carry out this section, $10,000,000 for
the fiscal year 1991, and $20,000,000 for each of the fiscal years 1992
and 1993.'.
(b) CONFORMING AMENDMENT- The analysis of chapter 4 of title 23, United
States Code, is amended by adding at the end thereof the following:
`411. Seatbelt and child restraint programs.'.

2d2ead78f474cfdef0b0fdaa3660bab1c382960126c5e819456d70cb586a7d33

(a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking
proceeding to consider methods of reducing head injuries in passenger cars
and multipurpose passenger vehicles from contact with vehicle interior
components, including those in the head impact area as defined in section
571.3(b) of title 49, Code of Federal Regulations, as in effect on the
date of enactment of this Act, and to revise the Federal motor vehicle
safety standards as appropriate.
(b) DEADLINES- The proceeding required under subsection (a) shall be
initiated not less than 60 days after the date of enactment of this Act
and completed not later than 2 years after such date of enactment.

f2a45fb00a0a9c8f75e2c536e941b5bad58570486441315608c24ebe45f5affc

(a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking
proceeding to consider the establishment of a standard to minimize
pedestrian death and injury, including injury to the head, thorax, and legs,
attributable to vehicle components.
(b) Deadlines- The proceeding required under subsection (a) shall be
initiated not later than 6 months after the date of enactment of this Act
and completed not later than 2 years after such date of enactment.

d5a02cf0d5df2bd79f17dfc6d6e5d985373e8b8d1b4a7769a9f722fbeb695968

(a) RULEMAKING PROCEEDING- Not later than 12 months after the date of
enactment of this Act, the Secretary shall complete a rulemaking proceeding
to amend Federal Motor Vehicle Safety Standard 108, published as section
571.108 of title 49, Code of Federal Regulations, to authorize passenger
cars and multipurpose passenger vehicles to be equipped with daytime
running lights, notwithstanding any State law or regulation that affects
the use of such lights.
(b) REPORT- Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report on the safety implications of the
use of such lights in the United States, including the recommendations of
the Secretary concerning whether to require passenger cars and multipurpose
passenger vehicles to be equipped with such lights.

d054c3c20a87c4557f0b7eb9e5974043930ca08880b89d0f2370a20aa504ce42

(a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking
proceeding concerning whether to adopt a Federal motor vehicle safety
standard requiring antilock brake systems for all passenger cars and
multipurpose passenger vehicles manufactured after September 1, 1996.
(b) DEADLINES- The proceeding required by subsection (a) shall be initiated
not later than 90 days after the date of enactment of this Act and completed
not later than 12 months after such date of enactment.

07219f32766423cb0d27692cf11a3d131b6b4f4684cd8791f16b4760af82f4d3

(a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking
proceeding to consider the establishment of a standard requiring that
passenger cars and multipurpose passenger vehicles shall be equipped with
heads-up displays capable of projecting speed, fuel, and other instrument
readings on the lower part of the windshield, enabling the driver to check
such readings without looking down.
(b) DEADLINES- The proceeding required by subsection (a) shall be initiated
not later than 90 days after the date of enactment of this Act and completed
not later than 12 months after such date of enactment.

f1db4cfefc0cfe0fe8ca0d5c8572331afac75b45b78ad818787385725ac89247

(a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking
proceeding to consider whether to amend any existing standard applicable
to seatbelts, as published under part 571 of title 49, Code of Federal
Regulations, for modification of seatbelt design in order to take into
account the needs of children and short adults.
(b) DEADLINES- The proceeding required by subsection (a) shall be initiated
not later than 90 days after the date of enactment of this Act and completed
not later than 12 months after such date of enactment.

61500c48e83f3bdf4b9b3aa59a461be7913884d94ae2904358c54b693e8e2a55

Any standard established under a proceeding required by section 210, 217,
219, 220, 221, 222, 223, or 224 shall be in accordance with the applicable
provisions of the National Traffic and Motor Vehicle Safety Act of 1966
(15 U.S.C. 1381 et seq.), including the provisions of section 103(a) of
that Act (15 U.S.C. 1392(a)) requiring that Federal motor vehicle safety
standards be practicable, meet the need for motor vehicle safety, and be
stated in objective terms.

39980b46f04ec48cc5c71f177338caf55037fdd3bf59419c34d8f2f74c87785b

3d4d385944d3a65b3b9864e477e61c66c62b10ee704ad231f206d43fb41be620

This part may be cited as the `Motor Carrier Safety Assistance Program
Reauthorization Act of 1991'.

e8551c23b4ba3b8070011e2009778c53fa84fe92063f368eb4dbd282672c5584

(a) AMENDMENT TO TITLE 23, U.S.C- Chapter 4 of title 23, United States Code,
is amended by adding at the end the following new section:
`Sec. 412. Motor carrier safety assistance program
`(a) GRANTS- The Secretary is authorized to make grants to eligible States
for the development or implementation, or both, of programs for--
`(1) the enforcement of Federal rules, regulations, standards, and orders
applicable to commercial motor vehicle safety (including vehicle size and
weight requirements and commercial motor vehicle alcohol and controlled
substances awareness and enforcement, including interdiction of illegal
shipments), or compatible State rules, regulations, standards, and orders;
and
`(2) effective enforcement of State or local traffic safety laws and
regulations designed to promote the safe operation and driving of commercial
motor vehicles.
A State shall be eligible to receive grants under this section only if the
State has a plan approved by the Secretary under subsection (b).
`(b) STATE PLANS-
`(1) SUBMISSION- The Secretary shall formulate procedures for a State
to submit annually a plan where the State agrees to adopt, and to assume
responsibility for enforcing--
`(A) Federal rules, regulations, standards, and orders applicable
to commercial motor vehicle safety (including vehicle size and weight
requirements and commercial motor vehicle alcohol and controlled substances
awareness and enforcement, including interdiction of illegal shipments),
or compatible State rules, regulations, standards, and orders; and
`(B) State or local traffic safety laws and regulations designed to promote
the safe operation and driving of commercial motor vehicles.
`(2) APPROVAL- Subject to paragraph (3), a State plan submitted under
paragraph (1) shall be approved by the Secretary if, in the Secretary's
judgment, the plan is adequate to promote the objectives of this section,
and the plan--
`(A) designates the State motor vehicle safety agency responsible for
administering the plan;
`(B) ensures that the State motor vehicle safety agency and other State
or local agencies participating in the plan have or will have the legal
authority, resources, and qualified personnel necessary for administering
the plan;
`(C) ensures that the State will devote adequate funds for administering
the plan;
`(D) provides a right of entry and inspection to carry out the plan and
provides that the State will grant maximum reciprocity for inspections
conducted pursuant to the North American Inspection Standard, through
the use of a nationally accepted system allowing ready identification of
previously inspected commercial motor vehicles;
`(E) provides that the State motor vehicle safety agency will adopt uniform
reporting requirements and use uniform forms for recordkeeping, inspections,
and investigations, as may be established and required by the Secretary;
`(F) provides that all required reports be submitted to the State motor
vehicle safety agency and that the agency make the reports available to
the Secretary, upon request;
`(G) ensures State participation in motor carrier information systems,
including data bases containing data and information on drivers,  vehicle
inspections, driver operating compliance with applicable traffic safety laws
and  regulations, vehicle safety and compliance reviews, traffic accidents,
and the weighing of vehicles;
`(H) ensures that commercial motor vehicle size and weight inspection
activities will not diminish the effectiveness of other safety initiatives;
`(I) gives satisfactory assurances that the State will conduct effective
activities--
`(i) to remove impaired commercial motor vehicle drivers from our Nation's
highways through adequate enforcement of regulations on the use of alcohol
and controlled substances and by ensuring ready roadside access to alcohol
detection and measuring equipment, and to provide an appropriate level
of training to its Motor Carrier Safety Assistance Program officers and
employees on the recognition of drivers impaired by alcohol or controlled
substances;
`(ii) to promote enforcement of the requirements relating to the licensing
of commercial motor vehicle drivers, especially including the checking of
the status of commercial driver's licenses;
`(iii) to ensure adequate enforcement of State or local traffic safety
laws and regulations that affect commercial motor vehicle safety; and
`(iv) to improve enforcement of hazardous materials transportation
regulations by encouraging more inspections of shipper facilities affecting
highway transportation and more comprehensive inspections of the loads of
commercial motor vehicles transporting hazardous materials;
`(J) gives satisfactory assurances that the State will promote--
`(i) effective interdiction activities affecting the transportation of
controlled substances by commercial motor vehicle drivers and to provide
training on appropriate strategies for carrying out such interdiction
activities; and
`(ii) effective use of trained and qualified officers and employees of
political subdivisions or local governments, under the supervision and
direction of the State motor vehicle safety agency, in the enforcement
of regulations affecting commercial motor vehicle safety and hazardous
materials transportation safety; and
`(K) seeks to ensure that fines imposed and collected by the State will
be reasonable and appropriate and provides that, to the maximum extent
practicable, the State will seek to implement into law and practice the
recommended fine schedule published by the Commercial Vehicle Safety
Alliance.
`(3) ADDITIONAL PLAN REQUIREMENTS-
`(A) SAFETY AND DRUG ENFORCEMENT- The Secretary shall not approve a State
plan unless the plan provides that the estimated aggregate expenditure
of funds of the State and its political subdivisions for commercial motor
vehicle safety (including commercial motor vehicle alcohol and controlled
substances awareness and enforcement, including interdiction of illegal
shipments), exclusive of Federal funds and State matching funds required
to receive Federal funding, will be maintained at a level that does not
fall below the estimated average level of such aggregate expenditure for
the State's previous three full fiscal years. In estimating such average
level, the Secretary may allow the State to exclude State expenditures
for federally sponsored demonstration or pilot projects.
`(B) WEIGHT- The Secretary shall not approve a State plan unless the plan
provides that the estimated aggregate expenditure of funds of the State and
its political subdivisions for commercial motor vehicle size and weighing
activities, exclusive of Federal funds, will be maintained at a level
that does not fall below the estimated average level of such aggregate
expenditure for the State's previous three full fiscal years. In order to
be authorized to use funds under this section to enforce commercial motor
vehicle size and weight requirements, a State in its State plan submitted
under this subsection shall certify that such size and weight activities
will be coupled with an appropriate form of commercial motor vehicle
safety inspection and will be directly related to a specific commercial
motor vehicle safety problem in that State, in particular that funds for
size and weight enforcement activities will be--
`(i) conducted at locations other than fixed weight facilities;
`(ii) used to measure or weigh vehicles at specific geographical locations
(such as steep grades or mountainous terrains), where the weight of a
vehicle can significantly affect the safe operation of that vehicle; or
`(iii) used at sea ports of entry into and exit from the United States,
with a focus on intermodal shipping containers.
`(C) TRAFFIC SAFETY ENFORCEMENT- The Secretary shall not approve a State
plan that provides for funds received under this section to be used to
enforce traffic safety regulations applicable to commercial motor vehicles,
unless the State certifies in the plan that such traffic safety enforcement
will be coupled with an appropriate form of a commercial motor vehicle
safety inspection.
`(D) MAINTENANCE OF EFFORT- The Secretary shall not approve any plan under
this section which does not provide that the estimated aggregate expenditure
of funds of the State and its political subdivisions, exclusive of Federal
funds and State matching funds required to receive Federal funding,
for commercial motor vehicle safety programs, including an estimate of
expenditure for traffic enforcement activities that were coupled with
commercial motor vehicle safety inspections, will be maintained at a level
which does not fall below the estimated average level of such expenditure
for the State's previous three full fiscal years. In estimating such average
level, the Secretary may allow the State to exclude State expenditures
for federally sponsored demonstration or pilot programs.
`(3) CONTINUING EVALUATION; WITHDRAWAL OF APPROVAL; JUDICIAL REVIEW-
`(A) EVALUATION- The Secretary shall make a  continuing evaluation of
the manner in which each State is carrying out its State plan, based upon
reports submitted by the State motor vehicle safety agency and upon the
Secretary's own inspection.  A written statement of the evaluation shall
be prepared every three years, the first of which shall be completed within
three years after the date of enactment of this section.
`(B) WITHDRAWAL OF APPROVAL- After providing a State with notice and an
opportunity to comment, whenever the Secretary finds that a State plan is
not being followed, or has become inadequate to ensure the enforcement of--
`(i) Federal rules, regulations, standards, or orders applicable to
commercial motor vehicle safety (including vehicle size and weight
requirements and commercial motor vehicle alcohol and controlled substances
awareness and enforcement, including interdiction of illegal shipments),
or compatible State rules, regulations, standards, and orders, and
`(ii) State or local traffic safety laws and regulations applicable to
commercial motor vehicles,
the Secretary shall notify the State that approval of the State plan is being
withdrawn and shall specify the Secretary's reasons for such withdrawal. The
plan shall cease to be an approved plan upon receipt by the State of the
notice of withdrawal, and the Secretary shall permit the State to modify
and resubmit the plan in accordance with this subsection.
`(C) JUDICIAL REVIEW- A State may seek judicial review of notice of
withdrawal of approval, pursuant to chapter 7 of title 5, United States
Code, in the appropriate United States Court of Appeals.  The State may
retain jurisdiction in any administrative or judicial enforcement proceeding
commenced before the withdrawal of the approval of the State plan, if the
issues involved do not directly relate to the reasons for the withdrawal
of approval.
`(4) COORDINATION OF SAFETY PLANS- The State motor vehicle safety
agency shall coordinate the plan prepared under this subsection, with
the highway safety plan developed under section 402 of this title. Such
coordination shall include consultation with the Governor's Highway Safety
Representative and representatives of affected industries to promote
effective implementation of the purposes of this section.
`(c) FEDERAL SHARE OF COSTS- By grants authorized under this section,
the Secretary shall reimburse a State an amount not to exceed 80 percent
of the costs incurred by that State in the development or implementation,
or both, of programs as described under subsection (a). In determining
such costs incurred by the State, the Secretary shall include in-kind
contributions by the State.
`(d) ALLOCATIONS-
`(1) DEDUCTION FOR ADMINISTRATION- On October 1 of each fiscal year,
or as soon thereafter as is practicable, the Secretary may deduct, for
administration of this section for that fiscal year, not to exceed 1.25
percent of the funds available for that fiscal year. At least 75 percent of
the funds so deducted for administration shall be used for the training of
non-Federal employees, and the development of related training materials,
to carry out the purposes of this section.
`(2) ALLOCATION CRITERIA- On October 1 of each fiscal year, or as soon
thereafter as is practicable, the Secretary, after making the deduction
authorized by paragraph (1), shall allocate, among the States with plans
approved under subsection (b), the available funds for that fiscal year,
pursuant to criteria established by the Secretary; except that the Secretary,
in allocating funds available for research, development, and demonstration
under subsection (h)(3) or for public education under subsection (h)(4),
may designate specific eligible States among which to allocate such funds.
`(e) AVAILABILITY, RELEASE, AND REALLOCATION OF FUNDS- Funds made available
to carry out this section shall remain available for obligation by the
Secretary until expended.  Allocations to a State shall remain available for
expenditure in that State for the fiscal year in which they are allocated
and one succeeding fiscal year.  Funds not expended by a State during
those two fiscal years shall be released to the Secretary for reallocation.
Funds made available under part A of title IV of the Surface Transportation
Assistance Act of 1982 (49 App. U.S.C. 2301 et seq.) which, as of October 1,
1992, were not obligated shall be available for reallocation and obligation
under this section.
`(f) OBLIGATION OF FUNDS- Approval by the Secretary of a grant to a State
under this section shall be deemed a contractual obligation of the United
States for payment of the Federal share of the costs incurred by that State
in development or implementation, or both, of programs as described under
subsection (a).
`(g) PAYMENTS TO STATES- The Secretary shall make payments to a State of
costs incurred by it under this section, as reflected by vouchers submitted
by the State.  Payments shall not exceed the Federal share of costs incurred
as of the date of the vouchers.
`(h) FUNDING-
`(1) AVAILABILITY- To incur obligations to carry out the purposes of this
section, there shall be available to the Secretary out of the Highway Trust
Fund (other than the Mass Transit Account) not to exceed $70,000,000 for
fiscal year 1993, $75,000,000 for fiscal year 1994, $80,000,000 for fiscal
year 1995, and $85,000,000 for fiscal year 1996.
`(2) ENFORCEMENT- Of funds made available under this subsection for any
fiscal year, not less than $7,500,000 each year shall be used to pay for
traffic enforcement activities focused exclusively upon commercial motor
vehicle drivers, if such activities are coupled with an appropriate type
of inspection for compliance with the commercial motor vehicle safety
regulations.  Of the funds made available under this subsection for each
of fiscal years 1993 and 1994, not less than $1,500,000 shall be used to
increase enforcement of the licensing requirements of the Commercial Motor
Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.) by Motor Carrier
Safety Assistance Program officers and employees, specifically including
the cost of purchasing equipment for and conducting inspections to check
the current status of licenses issued pursuant to that Act.
`(3) RESEARCH AND DEVELOPMENT- Not less than $500,000 but not more than
$2,000,000 of the funds made available under this subsection for any fiscal
year shall be available for research, development, and demonstration of
technologies, methodologies, analyses, or information systems designed
to promote the purposes of this section and which are beneficial to
all jurisdictions.  Such funds shall be announced publicly and awarded
competitively, whenever practicable, to any of the eligible States for
up to 100 percent of the State costs, or to other persons as determined
by the Secretary. The development of the model program and procedures
required under section 6 of the Motor Carrier Safety Assistance Program
Reauthorization Act of 1991 shall be funded under this paragraph.
`(4) PUBLIC EDUCATION- Not less than $350,000 of the funds made available
under this subsection for any  fiscal year shall be allocated among
specified eligible States to help educate the motoring public on how to
share the road safely with commercial motor vehicles. In carrying out such
education activities, the States shall consult with appropriate industry
representatives.
`(i) DEFINITIONS- As used in this section, the term--
`(1) `commerce' means--
`(A) trade, traffic, and transportation within the jurisdiction of the
United States between a place in a State and a place outside of such State
(including a place outside the United States); and
`(B) trade, traffic, and transportation in the United States which affects
any trade, traffic, and transportation described in subparagraph (A).
`(2) `commercial motor vehicle' means any self-propelled or towed vehicle
used on highways in commerce to transport passengers or property--
`(A) if the vehicle has a gross vehicle weight rating of 10,001 or more
pounds;
`(B) if the vehicle is designed to transport more than 15 passengers,
including the driver; or
`(C) if the vehicle is used in the transportation of materials found by
the Secretary to be hazardous for the purposes of the Hazardous Materials
Transportation Act (49 App. U.S.C. 1801 et seq.) and are transported in
a quantity requiring placarding under regulations issued by the Secretary
under that Act.
`(3) `controlled substance' has the meaning such term has under section
102(b) of the Controlled Substances Act (21 U.S.C. 802(b)).
`(4) `State' means any one of the 50 States, the District of Columbia,
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, or the Virgin Islands.'.
(b) AMENDMENT TO SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982-
(1) ELIGIBLE EXPENDITURES- Section 402 of the Surface Transportation
Assistance Act of 1982 (49 App. U.S.C. 2302) is amended by adding at the
end the following new subsection:
`(e) After the date of enactment of this subsection, a State with a plan
approved under subsection (b)(1) of this section may be reimbursed by the
Secretary under this part for expenditures in enforcing State or local
traffic laws or regulations designed to promote the safe operation and
driving of commercial motor vehicles, or for activities described under
section 411(b)(2)(I) and (J) of title 23, United States Code, or both.'.
(2) FUNDING- Section 404(a)(2) of the Surface Transportation Assistance
Act of 1982 (49 App. U.S.C. 2304(a)(2)) is amended--
(A) by striking `1988 and' and inserting in lieu thereof `1988,'; and
(B) by inserting immediately before the period at the end the following:
`, and $65,000,000 per fiscal year for fiscal year 1992'.
(c) CONFORMING AMENDMENT- The analysis of chapter 4 of title 23, United
States Code, is amended by adding at the end the following new item:
`412. Motor carrier safety assistance program.'

595bef46521660d1575bf9491eeaca2ebe4a912e2c0f355857127c5c44a05412

Within 6 months after the date of enactment of this Act, the Secretary of
Transportation by regulation shall develop an improved formula and processes
for the allocation among eligible States of the funds made available under
the Motor Carrier Safety Assistance Program.  In conducting such a revision,
the Secretary shall take into account ways to provide incentives to States
that demonstrate innovative, successful, cost-efficient, or cost-effective
programs to promote commercial motor vehicle safety and hazardous materials
transportation safety, including traffic safety enforcement and size and
weight enforcement activities that are coupled with motor carrier safety
inspections; to increase compatibility of State commercial motor vehicle
safety and hazardous materials transportation regulations with the Federal
safety regulations; and to promote other factors intended to promote
effectiveness and efficiency that the Secretary determines appropriate.

b70bfa501fcea2eb8ead3ba0f15d2d0bfc03b4c59d58ebfaf272733c027436b8

(a) FEDERAL REGULATIONS- Section 12008 of the Commercial Motor Vehicle
Safety Act of 1986 (49 App. U.S.C. 2707) is amended by adding at the end
the following new subsection:
`(g) VIOLATION OF OUT-OF-SERVICE ORDERS-
`(1) REGULATIONS- The Secretary shall issue regulations establishing
sanctions and penalties relating to violations of out-of-service orders
by persons operating commercial motor vehicles.
`(2) MINIMUM REQUIREMENTS- Regulations issued under paragraph (1) shall,
at a minimum, require that--
`(A) any operator of a commercial motor vehicle who is found to have
committed a first violation of an out-of-service order shall be disqualified
from operating such a vehicle for a period of not less than 90 days and
shall be subject to a civil penalty of not less than $1,000;
`(B) any operator of a commercial motor vehicle who is found to have
committed a second violation of an out-of-service order shall be disqualified
from operating such a vehicle for a period of not less than 1 year and not
more than 5 years and shall be subject to a civil penalty of not less than
$1,000; and
`(C) any employer that knowingly allows, permits, authorizes, or requires
an employee to operate a commercial motor vehicle in violation of an
out-of-service order shall be subject to a civil penalty of not more
than $10,000.
`(3) DEADLINES- The regulations required under paragraph (1) shall be
developed pursuant to a rulemaking proceeding initiated within 60 days
after the date of enactment of this subsection and shall be issued not
later than 12 months after such date of enactment.'.
(b) STATE REGULATIONS- Section 12009(a)(21) of the Commercial Motor Vehicle
Safety Act of 1986 (49 App. U.S.C. 2708(a)(21)) is amended by inserting
`and (g)(1)' immediately before the period at the end.

503ae16a910899696a003782596e3ca3c9c382cfc81b7596e4bd12a16490c637

Intermodal Surface Transportation Efficiency Act of 1991

Other Sections

TITLE II

TITLE III

TITLE IV

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