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Bill· SS. 1267 (105th)referred
United States · United States Congress · 8 October 1997
TABLE OF CONTENTS: Title I: Highway Safety Title II: Traffic Safety Title III: Hazardous Materials Transportation Reauthorization Title IV: Comprehensive One-Call Notification Title V: Motor Carrier Safety Title VI: Rail and Mass Transportation Anti-Terrorism and Safety Intermodal Transportation Safety Act of 1997 - Title I: Highway Safety - Amends Federal transportation law to require the Secretary of Transportation to makes grants to States that take specified actions to advance highway safety with respect to: (1) alcohol-impaired driving countermeasures (including a graduated licensing system for drivers under age 21); (2) motor vehicle occupant protection (including safety belts and child passenger protection devices); (3) State highway safety data improvements; and (4) drugged driver countermeasures. (Sec. 102) Authorizes the Secretary to enter into an agreement with an organization representing the interests of the States to manage, administer, and operate the National Driver Register's computer timeshare and user assistance functions. Authorizes the head of a Federal agency that issues motor vehicle operator's licenses to request information about an individual applicant from the chief driver licensing official of a State. (Sec. 103) Authorizes appropriations for FY 1998 through 2003 for consolidated State highway safety programs and for the National Driver Register. Title II: Traffic Safety - Requires transfer to a State's highway safety programs of increasing specified percentages of the State's apportionments for the national highway system, the surface transportation program, and resurfacing, restoring, rehabilitating, and reconstructing the Interstate System, if the State fails by certain deadlines to enact and have in continuous effect a primary enforcement safety belt use law. (Sec. 202) Authorizes the Secretary to engage in activities that improve worldwide motor vehicle safety through appropriate activities, including: (1) promoting adoption of international and national vehicle standards harmonized with, functionally equivalent to, or compatible with U.S. standards; (2) participating in efforts to foster an international acceptance of globally harmonized and-or functionally equivalent or compatible motor vehicle regulations and standards; (3) promoting international cooperative programs for research, development, demonstration projects, training, and other forms of technology transfer and exchange; and (4) providing technical assistance to other countries relating to their adoption of U.S. vehicle regulations or standards functionally equivalent to U.S. standards. Title III: Hazardous Materials Transportation Reauthorization - Repeals the Secretary's authority to prescribe criteria for handling hazardous material. (Sec. 307) Repeals the mandate of the Director of the Federal Emergency Management Agency to distribute the hazardous materials training curriculum for the public sector. (Sec. 308) Directs the Secretary to: (1) monitor public sector emergency response planning and training for an accident or incident involving hazardous material; and (2) provide technical assistance to a State, local government, or Indian tribe for carrying out such training and planning. Permits the Secretary to authorize a State or Indian tribe receiving a planning and training grant to use up to 25 percent of it to assist small businesses in complying with regulations. (Sec. 312) Authorizes Department of Transportation (DOT) officers, employees, or agents, during an inspection, to: (1) open, examine, sample, and analyze the contents of a package marked or otherwise represented as containing a hazardous material, or about which there is an objectively reasonable and articulable belief that the package may contain such material; and (2) prevent the further transportation of any material when there is an objectively reasonable and articulable belief that an imminent hazard may exist, until the material's hazardous qualities have been determined. Requires inspectors to mark a package found to contain hazardous materials, and notify the shipper before the package may continue in transportation. Directs the Secretary to issue or impose immediate restrictions, prohibitions, recalls, or out-of-service orders, without notice or the opportunity for a hearing, that may be necessary to abate an emergency situation. (Sec. 313) Prescribes criminal penalties for knowing violations of law or regulations governing the transportation of hazardous materials. (Sec. 315) Provides for judicial review of final orders and civil or criminal penalties. (Sec. 316) Directs the Secretary to study the feasibility and desirability of a Federal permit program for high risk hazardous material carriers, including alternative regulatory methods and procedures that may improve the safety of such carriers and shippers. (Sec. 317) Authorizes appropriations for FY 1998 through 2003. Title IV: Comprehensive One-Call Notification - Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. (Sec. 402) Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations. Title V: Motor Carrier Safety - Provides for performance-based grants to States for: (1) improving motor carrier safety; and (2) enforcing regulations for hazardous materials transportation safety. Requires State plans under such grants to implement performance-based activities by FY 2000. (Sec. 503) Makes 100 percent the Federal share of public education activities with respect to commercial motor vehicle safety programs and enforcement. (Sec. 504) Authorizes appropriations for commercial motor vehicle safety programs for FY 1998 through 2003. (Sec. 505) Authorizes the Secretary to establish motor carrier information systems and data analysis programs to support motor carrier regulatory and enforcement activities. Requires such information systems, in cooperation with the States, to be coordinated into a network providing identification of motor carriers and drivers, registration and licensing tracking, and motor carrier and driver safety performance. Requires the Secretary to develop and maintain data analysis capacity and programs to provide the means: (1) to develop strategies to address safety problems and to use data analysis to measure the effectiveness of these strategies and related programs; (2) to determine the cost effectiveness of State and Federal safety compliance, enforcement programs, and other countermeasures; (3) to evaluate the safety fitness of motor carriers and drivers; (4) to identify and collect necessary data; and (5) to adapt, improve, and incorporate other information and information systems as deemed appropriate by the Secretary. Requires the Secretary to include, as part of the DOT motor carrier safety information network system, a Performance and Registration Information Systems Management information system to serve as a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles and the safety system of the commercial motor vehicle registrants or the motor carriers operating the vehicles. Authorizes the Secretary to establish a program focusing on improving commercial motor vehicle driver safety. (Sec. 506) Directs the Secretary to carry out a pilot program in cooperation with one or more States to: (1) improve upon the timely exchange of pertinent driver performance and safety records data; and (2) determine to what extent such data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under DOT oversight. (Sec. 507) Requires specified allocations of appropriations for each of FY 1998 through 2003 for activities designed to advance commercial motor vehicle and driver safety, with any obligation, contract, cooperative agreement, or support granted in excess of $100,000 to be awarded on a competitive basis. (Sec. 508) Authorizes FY 1998 through 2003 appropriations for information systems and strategic safety initiatives. Repeals the existing truck and bus accident grant program. (Sec. 511) Repeals the requirement for State submission of commercial motor vehicle safety laws and regulations to the Secretary for review, including the mandate for the Commercial Motor Vehicle Safety Regulatory Review Panel. Prohibits motor carriers, including passenger and hazardous material carriers, which fail to meet safety fitness requirements from operating in interstate commerce. (Sec. 512) Repeals grant programs for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing commercial drivers' licenses and complying with State participation requirements. Declares that no action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against: (1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary; (2) a person who has complied with such a request; or (3) the agents or insurers of such persons. (Sec. 513) Revises civil penalties for violations of Federal law with respect to commercial motor vehicle safety. (Sec. 514) Repeals the mandate for a working group of State and local government officials with respect to the International Registration Plan and International Fuel Tax Agreement. Repeals the authority for grants to States and appropriate persons to facilitate participation in such Plan and Agreement, as well as the authorization of appropriations for the program. (Sec. 515) Directs the Secretary to conduct studies to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours-of-service rules. (Sec. 518) Revises the Secretary's authority with respect to charter bus transportation. (Sec. 519) Requires the DOT to maintain the level of Federal motor carrier safety investigators as in effect on September 30, 1997, or provide for alternative resources and mechanisms to ensure an equivalent level of commercial motor vehicle safety inspections. (Sec. 520) Directs the Secretary to determine the willingness and ability of any foreign motor carrier that applied to operate in the United States before January 1, 1996, to meet the safety fitness and other regulatory requirements under this title. Requires a related report to specified congressional committees. (Sec. 521) Authorizes the Secretary to establish a Commercial Motor Vehicle Safety Advisory Committee to give advice on commercial motor vehicle safety regulations and assistance in negotiated rulemaking procedures. (Sec. 522) Authorizes the Secretary to carry out pilot programs to examine innovative approaches or alternatives to existing commercial motor vehicle safety regulations. Title VI: Rail and Mass Transportation Anti-Terrorism and Safety - Amends the Federal criminal code to prohibit the use of firearms, dangerous weapons, and propelling objects against railroad trains and mass transportation. (Sec. 604) Requires the Federal Bureau of Investigation to lead the investigation of all such offenses (including existing offenses under the "Wrecking Trains" statute). (Sec. 605) Requires the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues in making a mass transportation grant or loan that concerns a railroad subject to the Secretary's railroad safety jurisdiction. (Sec. 606) Changes the frequency with which rail carriers must file accident and incident reports with the Secretary from monthly to periodically.
Bill· HRH.R. 2641 (105th)open
United States · United States Congress · 8 October 1997
Directs the Commandant of the Coast Guard to convey to American Legion Post No. 3 specified property in Sault Sainte Marie, Michigan, to be used as a clubhouse.
Bill· SS. 1262 (105th)referred
United States · United States Congress · 7 October 1997
Authorizes the Secretary of Transportation to convey to North Carolina such portion of Coast Guard Station Ocracoke, North Carolina, as the Secretary considers to be appropriate for transportation, education, environmental, or other public purposes.
Law· HRH.R. 2626 (105th)enacted
United States · United States Congress · 7 October 1997
Amends Federal aviation law (Pilot Records Improvement Act of 1996) regarding employment investigations and restrictions to permit an air carrier to allow an individual to begin service as a small aircraft pilot, or a helicopter pilot on a non-scheduled operation, before such carrier receives certain requested background information. Sets a 90-day deadline within which the air carrier shall obtain and evaluate such information. Mandates that the pertinent contract stipulate that continuation of such individual's employment is predicated upon a satisfactory evaluation. Provides for waiver of this Act for a documented good faith attempt to obtain such information if the information source (air carrier or other person) no longer exists.
Bill· SS. 1259 (105th)open
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Appropriations; Authorized Levels Title II: Coast Guard Management Title III: Marine Safety and Environmental Protection Title IV: Miscellaneous Coast Guard Authorization Act for Fiscal Years 1998 and 1999 - Title I: Appropriations; Authorized Levels - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges constituting obstructions to navigation and for personnel and administrative costs associated with the bridge alteration program; and (6) environmental compliance and restoration at Coast Guard facilities. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Coast Guard Management - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. Allows the Secretary of the Service (sic) in which the Coast Guard is operating to determine that the discharge or separation conditions of an officer receiving other than an Honorable Discharge do not warrant severance pay. (Sec. 202) Authorizes the Coast Guard Commandant to rent or lease vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery. (Sec. 203) Authorizes the Commandant to use up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base. (Sec. 204) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts. (Sec. 205) Authorizes the Commandant to provide for honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations. (Sec. 206) Sets forth requirements for the Coast Guard to transfer ownership of personal property to the Coast Guard Auxiliary. Title III: Marine Safety and Environmental Protection - Amends Federal law (relating to suspension and revocation of licenses, certificates of registry, or merchant mariner's documents) to mandate procedures ensuring that, after a serious marine incident, alcohol testing of crew members responsible for the operation or other safety-sensitive functions of the vessel(s) involved is conducted within two hours after the incident is stabilized. Increases the first-violation civil penalty dollar limit regarding operating a vessel under the influence of alcohol or a dangerous drug. (Sec. 302) Prohibits, for one year after the detention, using a vessel to transport U.S. Government-sponsored cargoes if the vessel has been detained for violation of an international safety convention. Allows a case-by-case exemption if the owner of a vessel provides compelling evidence of current compliance. (Sec. 303) Shields marine casualty investigation reports from public disclosure requirements in the same circumstances as are applicable generally to Federal agencies. (Sec. 304) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress by the Interagency Committee Coordinating Committee on Oil Pollution. (Sec. 305) Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. (Sec. 306) Expands the authority of Coast Guard civilian special agents to include serving process and making arrests. Title IV: Miscellaneous - Amends Federal law relating to vessels and seamen to remove a requirement that, in order to be eligible for documentation, a vessel must not be titled in a State. Declares that a documented vessel shall not be titled or required to display numbers (under provisions relating to numbering undocumented vessels) and requires surrender of any State title certificate issued for a documented vessel (but only if the mortgagee consents to the surrender). Modifies: (1) the circumstances in which a secured indebtedness may have any rate of interest agreed to by the parties; and (2) the steps a mortgagee may take on default of a preferred mortgage. Gives district courts original jurisdiction (exclusive of State courts) over certain preferred mortgage default actions regarding a vessel titled in a State. (Sec. 402) Authorizes conveyance, without consideration, of: (1) the Coast Guard Communication Station Boston Marshfield Receiver Site, Massachusetts, to the Town of Marshfield, Massachusetts; (2) the Coast Guard Recreation Facility Nahant, Massachusetts, to the Town of Nahant; (3) the Eagle Harbor Light Station, Michigan, to the Keweenaw County Historical Society; (4) the Coast Guard station Ocracoke, North Carolina, to the ferry division of the North Carolina Department of Transportation; and (5) the Long Branch Rear Range Light, Jacksonville, Florida, to the University of Jacksonville, Florida. (Sec. 407) Recognizes the community of Grand Haven, Michigan, as "Coast Guard City, USA."
Bill· SS. 1243 (105th)referred
United States · United States Congress · 1 October 1997
Rural Highway Safety Act - Directs the Secretary of Transportation to establish a two-lane rural highway safety program to ensure the systematic reconstruction of rural two-lane arterial and collector highways of substantial length that are not on the National Highway System. Requires the program to include safe alignment and cross-section design, safe roadside conditions, safety appurtenances, durable and safe pavement design, grade crossing safety, and traffic engineering. Requires program cooperation with States and the private sector. Provides for State apportionment of program funds in accordance with a ratio based on the number of qualifying two-lane highway miles in such State and its percentage of rural populations. Requires a report from the Secretary to the Congress on program results. Authorizes appropriations for FY 1998 through 2003.
Bill· HRH.R. 2588 (105th)referred
United States · United States Congress · 30 September 1997
Border Security and Enforcement Act of 1997 - Establishes in the Department of Justice (DOJ) the Office of Enforcement and Border Affairs, to be headed by a Director. Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program; (2) the detention and deportation program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program. Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Office, for allocation by the Director. Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions; and (2) delegation and assignment and authority of the Director of the Office of Management and Budget regarding functions transferred.
Bill· SS. 1234 (105th)referred
United States · United States Congress · 29 September 1997
TABLE OF CONTENTS: Title I: Highway Safety Title II: Hazardous Materials Transportation Reauthorization Title III: Sanitary Food Transportation Title IV: Rail and Mass Transportation Anti-Terrorism Title V: Rail and Mass Transportation Safety Title VI: Motor Carrier Safety Subtitle A: State Grants and Other Commercial Vehicle Programs Subtitle B: Motor Carrier Safety Act of 1997 Title VII: Research Subtitle A: Programs and Activities Subtitle B: Intelligent Transportation Systems Title VIII: Boating Safety Highway and Surface Transportation Safety Act of 1997 - Amends Federal transportation law to authorize the Secretary of Transportation to provide for awards to individuals and organizations that significantly contribute to Department of Transportation (DOT) programs, missions, or operations, including State and local governments, transportation unions, and commercial and nonprofit organizations. Title I: Highway Safety - Amends requirements for highway safety programs. Requires the Secretary to make safety incentive grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from persons driving under the influence of alcohol. Specifies requirements for such programs, including: (1) driver's license suspension or revocation systems; (2) three-stage graduated licensing; (3) nondiscriminatory vehicle-stopping to determine alcohol influence; and (4) certain alcohol-impaired driving countermeasures. Establishes incentive programs to: (1) improve data systems and identify priorities for State and local highway and traffic safety programs; and (2) increase safety belt and child safety seat use. Requires the Secretary to carry out safety research on, among other things, measures that may deter drugged driving. (Sec. 102) Revises the National Driver Register (NDR) statute to: (1) authorize the Secretary to enter into an agreement with an organization representing State interests to manage, administer, and operate NDR's computer timeshare and user assistance functions; (2) extend participation to specified other Federal departments or agencies; and (3) allow Federal agencies authorized to receive NDR information to make their requests and receive the information directly from NDR. (Sec. 103) Authorizes appropriations out of the Highway Trust Fund (HTF) for: (1) consolidated State highway safety programs; (2) National Highway Traffic Safety Administration operations and research; and (3) NDR. (Sec. 104) Authorizes the Secretary and the Administrator of the Environmental Protection Agency (EPA) to participate in the development of an international compendium of national motor vehicle standards, including both safety and environmental standards. Authorizes the Secretary or the Administrator to promote international cooperative programs for conducting research, development, demonstration projects, training, and other forms of technology transfer and exchange to enhance international motor vehicle safety, and provide technical assistance to other countries relating to their adoption of U.S. Federal standards for vehicles. Authorizes the Secretary and the Administrator of EPA to participate in international negotiations and agree to harmonized rules for vehicular safety and environmental pollution if certain conditions are met. (Sec. 108) Directs the Secretary to develop a program to notify U.S. dealers and distributors that Federal law prohibits the sale or delivery of a schoolbus that does not meet certain Federal motor vehicle safety standards. Title II: Hazardous Materials Transportation Reauthorization - Hazardous Materials Transportation Safety Reauthorization Act of 1997 - Repeals the Secretary's authority to prescribe criteria for handling hazardous material. (Sec. 205) Changes from discretionary to mandatory the Secretary's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous materials in order to pay for the costs of processing such statements. (Sec. 206) Directs the Secretary to implement a pilot program to evaluate the use of automated carrier assessment programs for carriers of certain hazardous materials. (Sec. 209) Directs the Secretary (currently, the Director of the Federal Emergency Management Agency) to monitor public sector emergency response planning and training for an accident involving hazardous material. Authorizes the Secretary to allow a State or Indian tribe receiving a planning and training grant to use up to 25 percent of the grant amount to assist small businesses in complying with regulations for the safe transportation of hazardous material. (Sec. 211) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with a person, U.S. agency, State or local government, Indian tribe, foreign government, educational institution, or other entity to further research, development, demonstration, risk assessment, emergency response planning and training activities with respect to the transportation of hazardous materials. (Sec. 212) Authorizes officers, employees, or agents of the Secretary to: (1) inspect and examine packages in transport when they are marked as containing a hazardous material, or when there is a reasonable belief that such a package may contain such material; and (2) prevent, when there is a reasonable belief that an imminent hazard may exist, the further transportation of the hazardous material until the hazardous qualities of such material have been determined. (Sec. 213) Revises penalties for violations of a regulation, order, special permit, or approval in connection with the transportation of a hazardous material to: (1) increase the maximum civil penalty to not more than $27,500 for each violation; and (2) provide for a fine, or imprisonment for not more than 20 years, or both for violations which lead to the release of a hazardous material (aggravated violations). (Sec. 215) Authorizes a person with a substantial interest in a final enforcement order issued in connection with the transportation of a hazardous material to petition for review in the appropriate court. (Sec. 216) Directs the Secretary to conduct a study to: (1) determine the safety benefits of implementing a Federal permit program for high risk hazardous material carriers; (2) examine the safety benefits of increased monitoring of high risk hazardous material carriers, and the costs, benefits, and procedures of existing State permit programs; and (3) assess the potential of advanced technologies for improving the assessment of high risk hazardous material carrier's compliance with motor carrier safety regulations. (Sec. 217) Authorizes appropriations. Earmarks certain funds for: (1) training the public sector to respond to accidents involving the transportation of hazardous materials; and (2) hazardous material emergency response planning and training grants to States and Indian tribes. Title III: Sanitary Food Transportation - Sanitary Food Transportation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act to deem as adulterated any food transported under unsanitary conditions. (Sec. 303) Directs the Secretary to establish by regulation sanitary transportation practices (subject to waiver) which shippers, carriers, receivers, and other persons engaged in the transportation of food shall follow to ensure that such food will not become adulterated during transportation. Authorizes the Secretary, by publication in the Federal Register, to establish a list of nonfood products that may, if shipped in a tank or bulk vehicle, or motor or rail vehicle, adulterate any food transported subsequently in such vehicle. (Sec. 304) Amends Federal transportation law to revise sanitary food transportation requirements to direct the Secretary to establish transportation safety inspection procedures to identify suspected incidents of contamination or adulteration of food, and to train Department of Transportation (DOT) personnel in the use of such procedures. Directs the Secretary to notify the Secretary of Health and Human Services or the Secretary of Agriculture of any instances of potential food contamination or adulteration of food identified during such inspections. Title IV: Rail and Mass Transportation Anti-Terrorism - Transportation Anti-Terrorism Act of 1997 - Amends the Federal criminal code to prohibit the use of firearms, dangerous weapons, and propelling objects against railroad trains and mass transportation. (Sec. 405) Requires the Federal Bureau of Investigation to lead the investigation of all such offenses (including existing offenses under the "Wrecking Trains" statute). Title V: Rail and Mass Transportation Safety - Amends Federal transportation law to require the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues when making mass transportation grants or loans to commuter railroads that are under the Secretary's railroad safety jurisdiction. (Sec. 502) Changes the frequency with which rail carriers must file accident and incident reports with the Secretary from monthly to periodically. (Sec. 503) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through January 1, 2003, the temporary exemption from certain axle weight limitations to any intrastate public agency transit passenger bus using the Dwight D. Eisenhower System of Interstate and Defense Highways. Title VI: Motor Carrier Safety - Subtitle A: State Grants and Other Commercial Vehicle Programs - Provides for performance-based grants to States for: (1) improving motor carrier safety; and (2) enforcing regulations for hazardous materials transportation safety. Requires State plans under such grants to implement performance-based activities by FY 2000. (Sec. 603) Makes 100 percent the Federal share of public education activities with respect to commercial motor vehicle safety programs and enforcement. (Sec. 604) Provides funding for commercial motor vehicle safety programs for FY 1998 through 2003. (Sec. 605) Authorizes the Secretary to establish motor carrier information systems and data analysis programs to support motor carrier regulatory and enforcement activities. Requires such information systems, in cooperation with the States, to be coordinated into a network providing identification of motor carriers and drivers, registration and licensing tracking, and motor carrier and driver safety performance. Requires the Secretary to develop and maintain data analysis capacity and programs to provide the means: (1) to develop strategies to address safety problems and to use data analysis to measure the effectiveness of these strategies and related programs; (2) to determine the cost effectiveness of State and Federal safety compliance, enforcement programs, and other countermeasures; (3) to evaluate the safety fitness of motor carriers and drivers; (4) to identify and collect necessary data; and (5) to adapt, improve, and incorporate other information and information systems as deemed appropriate by the Secretary. Authorizes the Secretary to include, as part of the DOT motor carrier safety information network system, a Performance and Registration Information Systems Management information system to serve as a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles and the safety system of the commercial motor vehicle registrants or the motor carriers operating the vehicles. Authorizes the Secretary to establish a program focusing on improving commercial motor vehicle driver safety. (Sec. 606) Authorizes FY 1998 through 2003 appropriations for information systems and strategic safety initiatives. Repeals the existing truck and bus accident grant program. Subtitle B: Motor Carrier Safety Act of 1997 - Motor Carrier Safety Act of 1997 - Amends commercial vehicle safety law to abolish the Commercial Motor Vehicle Safety Regulatory Review Panel (effectively making the Secretary the primary one to review State laws or regulations on commercial motor vehicle safety). (Sec. 652) Repeals the requirement for State submission of commercial motor vehicle safety laws and regulations to the Secretary for review, including the mandate for the Commercial Motor Vehicle Safety Regulatory Review Panel. Revises safety fitness provisions to prohibit motor carriers (including motor carriers that transport hazardous material or more than 15 passengers) who fail to meet certain safety fitness requirements from operating in interstate commerce. Authorizes an commercial motor carrier employee, in conjunction with other remedies, to bring a civil action in district court to enforce an order by the Secretary of Labor that such employee had been discharged, disciplined, or discriminated against for filing a complaint related to a violation of a commercial motor vehicle safety regulation. (Sec. 653) Repeals grant programs for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing commercial drivers' licenses and complying with State participation requirements. Declares that no action for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against: (1) a motor carrier requesting such records of an individual under consideration for employment as a commercial motor vehicle driver; (2) a person who has complied with such request; or (3) the agents or insurers of such persons. (Sec. 654) Revises civil penalties for violations of certain commercial motor vehicle safety and recordkeeping requirements. Subjects to both civil and criminal penalties a person who knowingly aids, abets, counsels, or procures a violation of such requirements. (Sec. 655) Repeals the mandate for a working group of State and local government officials with respect to the International Registration Plan and International Fuel Tax Agreement. Repeals the authority for grants to States and appropriate persons to facilitate participation in such Plan and Agreement, as well as the authorization of appropriations for the program. (Sec. 656) Directs the Secretary to conduct a study to determine the adequacy of parking facilities that could be used by motor carriers to comply with Federal hours-of-service rules. Title VII: Research - Subtitle A: Programs and Activities - Authorizes the Secretary to establish: (1) a national strategic planning process which encompasses Federal, State, and local planning activities for intermodal, multimodal, and modal transportation research and technology; and (2) the Intermodal Transportation Research and Development Program. (Sec. 701) Authorizes the Secretary to make grants to nonprofit institutions of higher learning to establish one university transportation center (thereby combining the existing university research institute and transportation centers programs) in each of the ten U.S. Government regions that compose the Standard Federal Regional Boundary System to address transportation management, research and development, and education and training for qualified graduate and undergraduate students, with special attention to women and minorities. (Sec. 702) Requires the Bureau of Transportation Statistics (BTS) to compile statistics on transportation-related variables influencing global competitiveness. Revises the duties of the BTS Director with respect to the long term data collection program to require, among other things, that it be coordinated with efforts to measure outputs and outcomes of DOT and the nation's transportation systems under the Government Performance and Results Act (GPRA). Requires the BTS Director to establish an Intermodal Transportation Data Base, the National Transportation Library, and a National Transportation Atlas Data Base. Authorizes the Secretary to make grants to, or enter into cooperative contracts with, public and nonprofit entities to conduct research and development in support of the Bureau's activities. Authorizes appropriations. (Sec. 703) Changes from discretionary to mandatory the Secretary's authority to engage in research, development, and technology transfer activities with respect to motor carrier transportation and all phases of highway planning and development. Directs the Secretary to develop programs to facilitate application of the products of research and technical innovations that will improve the safety, efficiency, and effectiveness of the highway system. (Sec. 704) Repeals the mandate for the National Highway Institute (thus abolishing it). Converts the current discretionary education and training assistance program providing urban and rural highway and transportation agencies access to modern highway technology into a mandatory a National Technology Deployment Initiatives program Authorizes appropriations. Subtitle B: Intelligent Transportation Systems Act of 1997 - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to conduct an ongoing program to research, develop, and operationally test intelligent transportation systems and advance the deployment of such systems as a component of the Nation's surface transportation systems (in effect, extending the expiring Intelligent Transportation Systems Act of 1991). (Sec. 753) Defines "intelligent transportation systems" (ITS) as the application of electronics, communications, or information processing to improve the efficiency and safety of surface transportation systems. (Sec. 754) Directs the Secretary to establish a repository for technical and safety data collected as a result of federally-sponsored projects under this title. (Sec. 755) Directs the Secretary to update the National ITS Program Plan as necessary. (Sec. 756) Authorizes the Secretary to provide: (1) planning and technical assistance, training, and information to State and local governments seeking to implement ITS technologies and services; and (2) funding to Federal agencies and make grants to non-Federal entities (including State and local governments, universities, including Historically Black Colleges and Universities, and other persons) for ITS research. (Sec. 757) Directs the Secretary to conduct an intelligent transportation infrastructure (ITI) deployment incentives program to promote deployment of integrated, multimodal transportation systems throughout the Nation. (Sec. 758) Authorizes appropriations. Title VIII: Boating Safety - Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to establish the National Outreach and Communications Fund. Credits to the Fund specified amounts from the Sport Fish Restoration Account. Increases: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs. (Sec. 803) Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts from the National Outreach and Communications Fund to carry out the plan. Requires States to develop an outreach and communications plan. (Sec. 804) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act. (Sec. 805) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions. Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels. (Sec. 806) Amends Federal boating safety law to direct the Secretary, subject to specified restrictions, to expend in each fiscal year specified funds for State recreational boating safety programs. Earmarks funds for the payment of expenses of the Coast Guard for personnel and activities directly related to carrying out the national recreational boating safety program. (Sec. 807) Limits the allocation of funds for recreational boating safety programs for the insular areas to no more than one-half of one percent of the total expended for such programs for all eligible States. Waives local matching fund requirements for amounts under $200,000 that are received by the insular areas for such programs. Reduces the period of availability of State allocations from three years to two years after the date of allocation. Requires amounts not obligated by the State within such period to be withdrawn and allocated to the State the following fiscal year.
Bill· SS. 1236 (105th)referred
United States · United States Congress · 29 September 1997
National Police Pursuit Policy Act of 1997 - Prohibits the Secretary of Transportation from approving the highway safety program of a State that does not have in effect by January 1, 1999: (1) a law that makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle and that subjects any driver who violates that law to a minimum penalty of three months' imprisonment and seizure of the motor vehicle; and (2) a requirement that each State and local agency that employs law enforcement officers who may conduct a motor vehicle pursuit have a policy that meets guidelines set by the Secretary, train all law enforcement officers in accordance with that policy, and submit to the chief executive officer of the State a report regarding each motor vehicle pursuit. Requires the U.S. Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services to report to the Congress on each such entity's motor vehicle pursuit policy and the procedures used to train law enforcement officers to implement that policy. Requires each such policy to meet the policy requirements of State programs under this Act.
Bill· HRH.R. 2557 (105th)referred
United States · United States Congress · 25 September 1997
Abandoned and Derelict Vessel Removal Act of 1997 - Prohibits an owner or operator from abandoning a vessel on the navigable waters of the United States. Authorizes the Secretary of the Army to assess a civil penalty for each day of violation. Sets forth abandoned vessels' removal procedures, and liability guidelines for vessel removal contractors. Declares that this Act does not preempt State or local laws that either provide greater protection against abandonment, or better ensure such vessels' removal. Authorizes appropriations.
Bill· HRH.R. 2516 (105th)open
United States · United States Congress · 23 September 1997
Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to authorize appropriations for October 1, 1997, through March 31, 1998, for specified Federal-aid highways, highway safety construction, highway safety, Federal transit, motor carrier safety, and transportation research programs. Mandates apportionment of such funds among the States according to FY 1997 ISTEA final funding percentages, and distribution to each State according to existing ISTEA categories in the same proportion as FY 1997. Specifies general operating expenses and certain deductions for: (1) territorial highways; (2) the National Recreation Trails program; (3) the Woodrow Wilson Bridge; (4) off-system bridges; (5) Federal lands highways; (6) the highway use tax evasion investigation and enforcement program; (7) the scenic byways program; and (8) ferry boat construction. Limits FY 1998 obligations to 50 percent on October 1, 1997, and 50 percent on July 1, 1998. Directs the Secretary of Transportation, in applying certain Buy American requirements to buses purchased with funds under this Act, to require that the final assembly of such buses be conducted in the United States, including, at a minimum, the installation (and, where appropriate, interconnection) of: (1) the engine, transmission, and axles, including the cooling and braking systems; (2) the heating and air conditioning equipment; and (3) pneumatic and electrical systems, door systems, passenger seats, passenger grab rails, destination signs, and wheelchair lifts. Requires also in the United States for such buses, all road testing, final inspection repairs, and preparation of the vehicles for delivery.
Law· SS. 1193 (105th)enacted
United States · United States Congress · 18 September 1997
Aviation Insurance Reauthorization Act of 1997 - Amends Federal law governing aviation insurance programs to require the Secretary of Transportation to determine the values of aircraft insurance and maximum insured amounts in accordance with reasonable business practices in the commercial aviation insurance industry. Provides that if an indemnity agreement made between the Secretary and a designated agency head is countersigned by the President (or the President's designee), it shall constitute a determination that continuation of the pertinent aircraft operations is necessary to implement U.S. foreign policy. Grants the Administrator of the Federal Aviation Administration borrowing authority as necessary to implement the aviation insurance program. Stipulates that such authority does not remove Department of Defense responsibilities to provide prompt indemnification for initial payments made by the Secretary for any loss covered by the Department of Defense-related non-premium aviation insurance. Authorizes appropriations to a revolving fund in the Treasury in order to pay principal and interest accruing from the Administrator's borrowing authority. Authorizes binding arbitration of claims for insurance policies issued by the Secretary. Extends the Secretary's authority to provide aviation insurance and reinsurance through FY 2002. Treats as a public aircraft any aircraft owned by the U.S. Government and operated by any person for purposes related to crew training, equipment development, or demonstration.
Bill· SS. 1196 (105th)reported
United States · United States Congress · 18 September 1997
Foreign Air Carrier Family Support Act - Amends Federal transportation law to require foreign air carriers to transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board (NTSB) a plan for addressing the needs of families of passengers involved in aircraft accidents involving foreign air carriers and a significant loss of life. Requires such a plan to include: (1) publicizing a reliable, toll-free telephone number and staff to take calls from families of passengers involved in such an accident; (2) a process for notifying such families as soon as possible, and in person to the extent practicable, before providing any public notice of the passengers' names; (3) an assurance that each passenger's family will be consulted about the disposition of any remains and personal effects (including return to the family) within the foreign air carrier's control; (4) an assurance of retention by the foreign air carrier of unclaimed possessions for at least 18 months; and (5) an assurance of other specified services. Makes inclusion of such a plan in the application for a foreign air transportation permit, or exemption from the requirement of a permit, a condition for permit or exemption approval. Declares that a foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the foreign air carrier's performance in preparing or providing a passenger list pursuant to such a plan, unless the liability was caused by any conduct of the carrier which was grossly negligent or which constituted intentional misconduct.
Law· HRH.R. 2476 (105th)enacted
United States · United States Congress · 15 September 1997
Amends Federal transportation law to require foreign air carriers to transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board (NTSB) a plan for addressing the needs of families of passengers involved in aircraft accidents involving foreign air carriers and a significant loss of life. Requires such a plan to include: (1) publicizing a reliable, toll-free telephone number and staff to take calls from families of passengers involved in such an accident; (2) a process for notifying such families as soon as possible, and in person to the extent practicable, before providing any public notice of the passengers' names; (3) an assurance that each passenger's family will be consulted about the disposition of any remains and personal effects (including return to the family) within the foreign air carrier's control; (4) an assurance of retention by the foreign air carrier of unclaimed possessions for at least 18 months; and (5) an assurance of other specified services. Makes inclusion of such a plan in the application for a foreign air transportation permit, or exemption from the requirement of a permit, a condition for permit or exemption approval. Declares that a foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the foreign air carrier's performance in preparing or providing a passenger list pursuant to such a plan, unless the liability was caused by any conduct of the carrier which was grossly negligent or which constituted intentional misconduct.
Bill· SS. 1173 (105th)open
United States · United States Congress · 12 September 1997
TABLE OF CONTENTS: Title I: Surface Transportation Subtitle A: General Provisions Subtitle B: Program Streamlining and Flexibility Subtitle C: Finance Subtitle D: Safety Subtitle E: Environment Subtitle F: Planning Subtitle G: Technical Corrections Title II: Research and Technology Subtitle A: Research and Training Subtitle B: Intelligent Transportation Systems Subtitle C: Funding Intermodal Transportation Act of 1997 - Title I: Surface Transportation - Surface Transportation Act of 1997 - Subtitle A: General Provisions - Authorizes the use of specified sums from the Highway Trust Fund (HTF) for: (1) the Interstate (IS) and National Highway System (NHS) Program; (2) the Surface Transportation Program (STP); (3) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); and (4) the Federal Lands Highways Program (FLHP). Modifies the apportionment formulas under Federal highway provisions with respect to: (1) the IS and NHS Program (including an interstate maintenance (IM) and interstate bridge component, as well as funding for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands); (2) CMAQ (providing for adjustments based on population and level of air pollution and requiring the Secretary of Transportation (Secretary) to use the latest available annual population estimates prepared by the Secretary of Commerce); and (3) STP. Sets forth transitional provisions. Authorizes the Secretary to reimburse the Office of Inspector General of the Department of Transportation (DOT) for the conduct of annual audits of financial statements. (Sec. 1103) Sets forth provisions regarding: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1998 through 2003, with exceptions; and (2) obligation authority. (Sec. 1104) Revises provisions regarding obligation authority under the STP to direct: (1) a State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals certain funds apportioned to the State to make available during the three-fiscal year periods of 1998-2000 and 2001-2003 a specified amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs; and (2) each State, each affected metropolitan planning organization (MPO), and the Secretary to jointly ensure compliance. (Sec. 1105) Amends provisions regarding emergency relief to authorize an emergency fund for expenditure by the Secretary, subject to specified restrictions, for the repair or reconstruction of highways, roads, and trails, in any part of the United States, including Indian reservations, that the Secretary finds to have suffered serious damage as a result of natural disaster over a wide area or catastrophic failure from any external cause. Prohibits the use of funds for the repair or reconstruction of bridges that have been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. Authorizes appropriations from the HTF to establish the fund and replenish it annually. Makes a specified project to repair or reconstruct a Federal-aid primary route in San Mateo County, California, eligible for assistance. (Sec. 1106) Authorizes the use of: (1) Federal land management agency funds to pay the non-Federal cost share of funded Federal-aid highway projects; and (2) FLHP funds to pay the non-Federal cost share of specified projects that provide access to or within Federal or Indian lands. Modifies FLHP provisions to establish a coordinated FLHP. Requires: (1) the Secretary to develop transportation planning procedures that are consistent with required metropolitan and statewide planning processes; (2) the Secretary's approval of the transportation improvement program (TIP); (3) that all regionally significant FLHP projects be developed in cooperation with States and MPOs, and be included in appropriate FLHP, State, and metropolitan plans and TIPs; (4) the inclusion of the approved FLHP TIP in appropriate State and MPO plans and programs without further action on the TIP; and (5) the Secretary and the Secretary of each appropriate Federal land management agency to develop safety, bridge, pavement, and congestion management systems for roads funded under the FLHP. Allows funds available for public lands highways, park roads and parkways, and Indian reservation roads to be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay for the cost of transportation planning, research, engineering, and construction of the highways, roads, and parkways, or of transit facilities within public lands, national parks, and Indian reservations. Includes among eligible projects a project to build a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona. Directs: (1) the Secretary to transfer to the appropriate Federal land management agency from amounts made available for public lands highways such amounts as necessary to pay the cost to the agency to conduct necessary transportation planning for Federal lands if funding for the planning is not otherwise provided; and (2) the Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or MPO, to carry out a transportation planning process in accordance with this Act. (Sec. 1107) Directs the Secretary to carry out a program to provide and maintain recreational trails. Sets forth provisions regarding State responsibilities, use of apportioned funds, State consideration of proposals that benefit or mitigate the impact to the natural environment, the Federal share (80 percent), uses not permitted, project administration, apportionment among the States, administrative costs, and contract authority. Makes amounts available from the HTF for FY 1998 through 2003 for such program. (Sec. 1108) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to: (1) increase from five to 15 the number of value (formerly, congestion) pricing pilot programs eligible for funding; (2) require the Secretary to fund all pre-implementation costs; and (3) remove the three-program cap on the number of such programs on which the Secretary shall allow the use of tolls on the IS. Makes sums available from the HTF for each of FY 1998 through 2003. (Sec. 1109) Repeals provisions regarding economic growth center development highways. Revises provisions of ISTEA regarding highway use tax evasion projects to set the Federal share of such projects at 100 percent and to make available specified funds to the Secretary from the HTF for FY 1998 through 2003. Directs the Secretary to enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service (IRS) for the development and maintenance by the IRS of an excise fuel reporting system. Authorizes appropriations to the Secretary from the HTF for development, operation, and maintenance of the system. (Sec. 1110) Includes the construction of pedestrian walkways as an eligible use of States' NHS apportionments under the same criteria by which bicycle transportation facilities are eligible. Removes a restriction against safely accommodating bicycles on highway bridges located on fully access-controlled highways. Modifies planning provisions to require that: (1) consideration be given to bicyclists and pedestrians in the comprehensive statewide and metropolitan planning processes; and (2) the inclusion of bicycle transportation facilities and pedestrian walkways be considered in conjunction with all new construction and reconstruction of transportation facilities, except where such transportation is not permitted. (Sec. 1111) Requires that: (1) at least ten percent of the funds authorized for specified programs under this Act be expended with small businesses owned and controlled by socially and economically disadvantaged individuals; (2) each State annually survey and compile a list of such businesses; and (3) the Secretary establish minimum uniform criteria for State government use in certifying business qualification. (Sec. 1112) Revises provisions regarding the Federal share payable on IS and other projects to authorize a State to determine a lower Federal share than that determined under such provisions. Authorizes a State to use as a credit toward the non-Federal share requirement for any program under ISTEA or specified Federal highway provisions, other than an emergency relief program, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain, without the use of Federal funds, highways, bridges, or tunnels that serve the public purpose of interstate commerce, subject to specified requirements. (Sec. 1113) Directs the Comptroller General of the United States to conduct: (1) an evaluation of the methodology used by DOT to determine highway needs using the highway economic requirement system (the model); and (2) a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections. Sets forth reporting requirements. Requires: (1) the Comptroller General to submit reports to the Congress on the international roughness index that is used as an indicator of pavement quality on the Federal-aid highway system; and (2) the Secretary to publish or otherwise report rates of obligation of funds apportioned or set aside according to program, funding category or subcategory, type of improvement, State, and sub-State geographic area on the basis of population. (Sec. 1115) Establishes the Cooperative Federal Lands Transportation Program, under which funds may be used for projects on highways that are owned or maintained by States or political subdivisions thereof that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Directs that such projects be proposed by a State and selected by the Secretary. Sets forth provisions regarding formulas for the distribution of funds for projects, funds transfers, and rights-of-way across Federal land (not affected). Makes specified funds available from the HTF for FY 1998 through 2003. (Sec. 1116) Directs the Secretary to make incentive grants to designated States and MPOs to encourage joint transportation planning activities and to improve people and vehicle movement into and through international gateways as a supplement to statewide and metropolitan transportation planning funding. Requires as a grant condition that a State transportation department or MPO certify to the Secretary that it commits to be engaged in joint planning with its counterpart agency in Mexico or Canada. Limits grant awards to $100,000 per department or MPO for any fiscal year. Makes funds available from the HTF for FY 1998 through 2003. Requires the Secretary to make grants to States to encourage, within the framework of the statewide transportation planning process, cooperative multistate corridor analysis of, and planning for, the safe and efficient movement of goods along and within international or interstate trade corridors of national importance. Sets forth provisions regarding the identification of corridors, corridor plans, and planning coordination. Consents to any two or more States: (1) entering into multistate agreements for cooperative efforts and mutual assistance in support of interstate trade corridor planning activities; and (2) establishing agencies to make the agreements effective. Makes specified funds available from the HTF for each of FY 1998 through 2003. Directs the Secretary to make grants to States or MPOs that submit an application that: (1) demonstrates need for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws; and (2) includes strategies to involve both the public and private sectors in the proposed project. Sets forth provisions regarding: (1) the selection of States, MPOs, and projects to receive grants; (2) permissible uses of grants; and (3) construction of transportation infrastructure for law enforcement purposes. Authorizes appropriations for FY 1998 through 2003. Sets forth provisions regarding coordination of planning, the Federal cost share, and the use of unallocated funds. (Sec. 1117) Amends the Appalachian Regional Development Act of 1965 to provide that: (1) each allocation to a State for the Appalachian development highway system shall remain available for expenditure for the fiscal year in which the allocation is made and the three following fiscal years; and (2) funds authorized for FY 1998 or thereafter, and not expended by a State during those four fiscal years, shall be released to the Appalachian Regional Development Commission for reallocation. Includes within the Appalachian development highway system a substitute corridor in lieu of Corridor H in Virginia. Increases the Federal share for prefinanced projects. Makes specified funds available for the continued construction of the system for FY 1998 through 2003. (Sec. 1118) Directs the Secretary to set aside specified funds for IS resurfacing, restoring, rehabilitating, or reconstructing, and for highway bridge replacement or rehabilitation, subject to specified requirements. (Sec. 1119) Requires the Secretary to solicit applications from States, or authorities designated by one or more States, for financial assistance authorized under this section for planning, design, and construction of eligible MAGLEV (i.e, transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) projects. Sets forth provisions regarding project eligibility, the Federal cost share, project selection criteria, and joint ventures. Makes funds available from the HTF for FY 1999 and 2000. Authorizes appropriations from the HTF for FY 2000 through 2003. Permits the use by a State of certain STP and CMAQ funds to pay a portion of project costs. (Sec. 1120) Requires the Secretary to execute an agreement with the Woodrow Wilson Memorial Bridge Authority or any Capital Region jurisdiction before funds made available under this section are available for construction of the replacement bridge, which shall identify whether the Authority or an individual entity will accept ownership of the new facility, and include a financial plan that identifies the total cost, schedule, and source of funds necessary to complete the project. Modifies the definition of the project to require that the replacement bridge be the preferred alternative identified in the record of decision in compliance with the National Environmental Policy Act. Authorizes appropriations from the HTF for FY 1998 through 2003 to pay the costs of planning, preliminary engineering and design, final engineering, acquisition of rights-of-way, and construction of the project. (Sec. 1121) Establishes the NHS as those routes and transportation facilities depicted on the map submitted by the Secretary to the Congress with a specified report, dated May 24, 1996. (Sec. 1122) Replaces the bridge program authorized in ISTEA with a requirement that States maintain their current funding levels for bridges on the Federal-aid system. Requires States to reserve at least an amount equivalent to the funding a State received under the bridge program for FY 1997 for bridges on either the IS, the NHS, or other Federal-aid roads. Requires an amount equivalent to at least 15 percent of a State's FY 1997 bridge apportionment to be expended on bridges off the Federal-aid system. Replaces the current requirement that States with Indian reservations reserve one percent of their bridge program funds for Indian reservation bridges to direct the Secretary to reserve at least $9 million for a program to fund improvements to Indian bridges. (Sec. 1123) Extends eligibility for CMAQ funding to include areas classified as submarginal ozone nonattainment areas and flexible attainment regions. Modifies eligibility for such funding to allow a State with a nonattainment area or maintenance area that received the minimum apportionment to use that amount of its apportionment not based on its nonattainment and maintenance area population on any project in the State eligible for STP funds. Excludes projects funded with CMAQ apportionments from the list of safety projects eligible for 100 percent Federal participation (making the standard 80 percent Federal share applicable). (Sec. 1124) Amends the National Highway System Designation Act of 1995 to remove Maine from the list of States (currently, Maine and New Hampshire) to which specified safety belt use law requirements apply. Updates and extends such requirements with respect to New Hampshire (requiring a belt use rate of at least 50 percent in FY 1997 through 2000). Subtitle B: Program Streamlining and Flexibility - Chapter 1: General Provisions - Replaces ISTEA provisions directing the Secretary to deduct up to three and three quarters per cent of specified apportionments for administrative expenses with a requirement that the Secretary deduct up to one and one half percent of certain Federal-aid highway apportionments to administer the Federal-aid highway program. (Sec. 1202) Amends Federal highway provisions to: (1) authorize advance acquisition of real property for transportation improvements (currently limited to highway projects); and (2) provide a credit for acquired lands based on the value of publicly owned lands incorporated within a federally funded project. (Sec. 1203) Permits obligations incurred in prior fiscal years and released in a current fiscal year to be made available for reobligation. (Sec. 1204) Repeals a restriction that applies the Federal-non-Federal matching share requirement to each payment a State receives for construction. Makes the requirement applicable to total project costs rather than to individual voucher payments. (Sec. 1205) Replaces provisions regarding income from airspace rights-of-way with provisions regarding proceeds from the sale or lease of real property acquired with assistance from the HTF. (Sec. 1206) Amends the National Highway System Designation Act of 1995 to provide that the Secretary shall not require States to use or plan the use of the metric system (currently, the Secretary may not require such action before September 30, 2000). (Sec. 1207) Requires the Secretary to submit to the Congress an annual (currently, monthly) report on States' obligations for Federal-aid highways, highway safety construction programs, and unobligated balances. (Sec. 1208) Terminates the right-of-way revolving fund (and provides for a 20 year close-out period), a pilot toll collection program, and a congressional bridge commission). Directs the Secretary to terminate the National Recreational Trails Advisory Committee. (Sec. 1209) Revises: (1) the eligible uses of funds apportioned for IM; and (2) the rules regarding the ability to transfer such funds to other Federal-aid highway programs. Chapter 2: Project Approval - Provides for the program-wide, rather than project-by-project, transfer and administration of transit funds made available for highway projects and highway funds made available for transit projects. Requires the Secretary to administer specified funds made available and transferred to Amtrak. (Sec. 1222) Eliminates provisions regarding State plans, specifications, and estimates for highway projects, including a provision limiting construction engineering costs to 15 percent of the total estimated costs of projects financed by Federal highway funds within a State in a fiscal year. Directs: (1) the Secretary to act upon plans, specifications, and estimates submitted by the State transportation department as soon as practicable and to enter into an agreement formalizing the conditions of project approval; and (2) the project agreement to make provision for State funds required for the State's pro rata share of project construction and maintenance costs. Authorizes the Secretary to discharge to the States with their approval the Secretary's responsibilities for the design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS. (Sec. 1223) Requires States to set aside eight (currently, ten) percent of the STP funds for transportation enhancement activities. Reduces the current quarterly, project-by-project State certification and notification requirements to annual, program-wide approval of each State's project agreement. (Sec. 1224) Authorizes States to use design-build contracting for Federal-aid highway projects meeting specified minimum criteria. Chapter 3: Eligibility and Flexibility - Redefines "operational improvement" to include the installation, operation, or maintenance of certain intelligent transportation systems (ITS) infrastructure projects. (Sec. 1232) Specifies that the construction of ferry boats and ferry terminal facilities are eligible uses of NHS, STP, and CMAQ funds. (Sec. 1233) Requires each State to set aside two percent of its STP apportionment for railway-highway crossings, two percent for hazard elimination activities, and six percent for railway highway crossings or hazard elimination activities. (Sec. 1234) Expands eligibility of projects on the NHS and under the STP. (Sec. 1236) Eliminates a requirement that a State highway project plan accommodate future traffic demands. Requires the Secretary to ensure the consideration of planned future traffic needs. Subtitle C: Finance - Chapter 1: General Provisions - Authorizes the Secretary to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance, subject to specified requirements. Chapter 2: Transportation Infrastructure Finance and Innovation - Transportation Infrastructure Finance and Innovation Act of 1997 - Establishes a transportation Federal credit assistance pilot program to provide alternative financing for eligible surface transportation projects. Sets forth eligibility criteria. (Sec. 1315) Authorizes the Secretary to enter into agreements with one or more obligors to make secured and direct loans to finance eligible project costs (including the refinancing of interim construction financing of such project costs for a limited time period). (Sec. 1318) Amends Federal transportation law to revise the duties of the Secretary to include, among other things, to develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. Directs the Secretary to establish within the Office of the Secretary an Office of Infrastructure Finance, headed by a Director responsible for: (1) carrying out certain responsibilities of the Secretary, and research on financing transportation infrastructure; and (2) providing technical assistance to Federal, State, and local government agencies and officials to facilitate the development and use of alternative techniques for financing transportation infrastructure. (Sec. 1321) Makes specified sums available from the HTF for FY 1998-2003 to carry out this chapter. (Sec. 1322) Sets forth reporting requirements. Subtitle D: Safety - Directs the Secretary to set aside for each of FY 1998 through 2003 from STP funds: (1) $500,000 to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings; and (2) $5 million for elimination of hazards of such crossings. (Sec. 1403) Expands the list of projects eligible for railway-highway funds to include trespassing countermeasures, safety education, enforcement of traffic laws, and publicly sponsored projects at privately owned railway-highway crossings. Requires States to report to DOT on certain completed projects. Repeals a requirement that half of such funds be available for installation of protective devices at such crossings. (Sec. 1404) Expands list of projects eligible for hazard elimination program funds to include projects that would remove road hazards to bicyclists. Repeals a prohibition on States using such funds to correct hazards on IS routes . (Sec. 1405) Requires the Secretary, if a State has not enacted or is not enforcing a repeat intoxicated driver law, to transfer one and one-half percent of a State's NHS and STP funds to the apportionment to be used for alcohol-impaired driving programs. Increases such percentage to three percent in FY 2002 and thereafter. Defines a "repeat intoxicated driver law" as one that requires, at a minimum, drivers with alcohol concentrations greater than or equal to .15 percent who are convicted of a second or subsequent offense within five years of the earlier conviction to receive a license suspension for at least one year, an assessment of the degree of alcohol abuse and treatment, as appropriate, and 30 days' community service or five days' imprisonment. (Sec. 1406) Provides incentive grants to States that either obtain a State seat belt use rate above the national average or increase the State seat belt usage. Makes funding available from the HTF for FY 1998 through 2003. Subtitle E: Environment - Directs the Secretary to carry out a National Scenic Byways program, and to make grants and provide technical assistance to States to implement National Scenic Byways, State scenic byways, and All-American Roads projects and plan, design, and develop a State scenic byway program. Sets the Federal share at 80 percent, with exceptions. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 1502) Allows an MPO, State transportation department, or other project sponsor to enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under CMAQ. Provides that activities eligible for funding in the case of projects for the use of alternative fuels by privately owned vehicles or vehicle fleets shall include costs of vehicle refueling infrastructure and other capital investments associated with the project but shall not include costs that would be borne by a private party or that would otherwise be offset under any other Federal, State, or local program. Prohibits a Federal participation payment from being made regarding any activity that is required under the Clean Air Act or any other Federal law. (Sec. 1503) Directs the Secretary to establish a national wetland restoration pilot program to fund specified mitigation projects to offset the degradation of wetlands, or the loss of functions and values of the aquatic resource, resulting from highway projects carried out before December 27, 1977, for which mitigation has not been performed. Sets forth provisions regarding selection of projects (and the formation of an interagency advisory council), selection criteria for priority projects, and reporting requirements. Makes specified funds available from the HTF for FY 1998 through 2003. Subtitle F: Planning - Revises provisions regarding metropolitan transportation planning. Sets forth specified boundary requirements for urbanized areas designated after this Act's enactment as ozone or carbon monoxide nonattainment areas, including that the boundaries of the metropolitan planning area be established by agreement between the local government and the Governor and encompass at least the urbanized and contiguous areas expected to become urbanized in a 20-year forecast period. Revises factors to be considered in the metropolitan transportation planning process. Requires such factors and State or local goals to be addressed in long-range transportation plans as they relate to a 20-year forecast and other forecast periods determined by planning process participants. Requires financial plans included in transportation management programs to indicate available resources and innovative financing techniques without requirements for indicating project-specific funding sources. Lists parties responsible for selection of federally funded projects to be implemented in metropolitan areas from approved transportation improvement programs. Authorizes the Secretary to withhold up to 20 percent of Federal highway and mass transportation funds attributable to a transportation management area if a metropolitan planning process is not certified. (Currently, all or part of STP funds may be withheld for failures to certify.) (Sec. 1602) Makes amendments to statewide planning provisions similar to those made to metropolitan planning provisions with respect to: (1) factors considered in the planning process; (2) elimination of requirements for project-specific funding sources; and (3) a 20-year forecast period for long-range transportation plans. (Sec. 1603) Directs the Secretary to establish: (1) an advanced travel forecasting procedures program; and (2) a comprehensive initiative to investigate and address the relationships between transportation and community and system preservation. Makes funds available from the HTF for FY 1998 through 2003. Subtitle G: Technical Corrections - Makes technical and conforming changes to Federal highway law. Increases the maximum allowable mileage on the NHS to 178,250 miles. Describes the Dwight D. Eisenhower National System of Interstate and Defense Highways and limits maximum mileage on the IS to 43,000 miles, exclusive of additional designations authorized by the Secretary. Title II: Research and Technology - Subtitle A: Research and Training - Amends Federal transportation law to direct the Secretary to establish a strategic planning process to: (1) determine national transportation research, development, and technology (RD&T) deployment priorities, strategies, and milestones over the next five years; (2) coordinate Federal transportation RD&T deployment activities; and (3) measure the impact of specified RD&T investments on the performance of the U.S. transportation system. Sets forth provisions regarding transactional authority of the Secretary, implementation of such process, and reporting requirements. Authorizes funds from the HTF for FY 1998 through 2003. (Sec. 2002) Directs the Secretary to establish a Multimodal Transportation Research and Development Program. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2003) Directs the Secretary to make grants to, or enter into contracts with, selected nonprofit institutions of higher learning to operate one university transportation center in each of the ten Federal administrative regions that comprise the Standard Federal Regional Boundary System. Authorizes the Secretary to make grants to such institutions to establish and operate up to ten additional centers to address specified transportation issues. Sets forth provisions regarding selection criteria, the Federal cost share, program coordination, and review and evaluation. Makes funds available from the HTF for each of FY 1998 through 2003. (Sec. 2004) Expands the list of topics to be covered by the Bureau of Transportation Statistics (BTS), including transportation-related variables influencing global competitiveness. Requires the Director of BTS to: (1) establish and maintain a transportation data base for all modes of transportation, and a National Transportation Library; and (2) develop and maintain geospatial data bases that depict transportation networks, flows of people, goods, vehicles, and craft over the networks, and social, economic, and environmental conditions that affect or are affected by the networks. Authorizes the Secretary to make specified research and development grants, including for development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library. Sets forth provisions regarding prohibited disclosures, and disposition of proceeds of data product sales. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2005) Directs the Secretary to: (1) carry out certain transportation-related RD&T transfer activities (and authorizes the Secretary to test, develop, or assist in testing and developing any material, invention, patented article, or process); and (2) develop and carry out programs to facilitate the application of such products of research and technical innovations as will improve the safety, efficiency, and effectiveness of the transportation system. Authorizes the Secretary to carry out certain collaborative research and development activities. Sets forth mandatory elements of surface transportation RD&T transfer programs. (Sec. 2006) Directs the Secretary to establish an advanced research program within the FHWA to address longer-term, higher-risk research that shows potential benefits for improving the durability, mobility, efficiency, environmental impact, productivity, and safety of transportation systems. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2007) Directs the Secretary to complete long-term pavement performance program tests through the midpoint of a planned 20-year life of the program. Makes HTF funds available for FY 1998 through 2003. (Sec. 2008) Makes two percent of certain transportation funds available to the States for each fiscal year to fund planning and research. (Sec. 2009) Directs the Secretary to carry out a transportation assistance program to provide access to modern highway technology to: (1) certain low-population and rural highway and transportation agencies; and (2) contractors who work for such agencies. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts to: (1) assist rural local transportation agencies, tribal governments, and consultants; (2) deliver transportation technology and traffic safety information to local jurisdictions; (3) operate local technical assistance program centers; and (4) allow local transportation agencies and tribal governments to enhance new technology implementation. Makes funds available from the HTF for FY 1998 through 2003. Directs the Secretary to: (1) establish and operate in FHWA a National Highway Institute; and (2) carry out a Dwight David Eisenhower Transportation Fellowship Program to attract qualified students to the field of transportation. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2010) Provides authorized uses of international highway transportation outreach program funds. Enables States to use their State Planning and Research Program Funds for program activities. (Sec. 2011) Directs the Secretary to develop and administer a national technology deployment initiatives and partnerships program. Sets forth reporting requirements. Makes HTF funds available for FY 1998 through 2003. (Sec. 2012) Directs the Secretary to: (1) report every two years on estimates of the future highway and bridge needs of the United States; (2) establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures (and makes HTF funds available for FY 1998 through 2003); (3) make a grant to, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences to conduct a study to determine the goals, purposes, research agenda and projects, administrative structure, and fiscal needs for a new strategic highway research program (and sets reporting requirements); and (4) encourage and promote joint partnerships for advanced vehicles, components, and infrastructure (and sets forth reporting requirements and authorizes appropriations). Subtitle B: Intelligent Transportation Systems - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to carry out a comprehensive program of intelligent transportation systems (ITS) research, development, operational testing, technical assistance and training, national architecture activities, standards development and implementation, and other similar activities, including a program to conduct research, development, and engineering designed to stimulate and advance deployment of an integrated intelligent vehicle program and an integrated intelligent infrastructure program. Sets forth provisions regarding priorities, cost sharing, a six-year plan, reporting and evaluation requirements, and funding. Directs the Secretary to: (1) maintain a repository for technical and safety data collected as a result of federally sponsored projects and, upon request, make such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (2) carry out a program to advance traffic incident management and response technologies, strategies, and partnerships that are fully integrated with ITS; (3) conduct a comprehensive program to accelerate the integration and interoperability of ITS; (4) conduct a comprehensive program to accelerate the integration or deployment of ITS in rural areas; and (5) carry out a comprehensive program to promote the safety and productivity of commercial vehicles and drivers, and reduce costs associated with commercial vehicle operations and State and Federal commercial vehicle regulatory requirements. Makes HTF funds available for FY 1998 through 2003. Requires the Secretary to develop, implement, and maintain a national architecture and supporting standards to promote the widespread use and evaluation of ITS technology as a component of U.S. surface transportation systems. Sets forth provisions regarding reporting requirements, waivers, funding limitations, and advisory committees. Repeals the Intelligent Transportation Systems Act of 1991. Subtitle C: Funding - Makes funds available from the HTF for research, technology, and training for FY 1998 through 2003. Limits obligations for each such year.
Bill· HRH.R. 2455 (105th)referred
United States · United States Congress · 11 September 1997
TABLE OF CONTENTS: Title I: Safety Rulemaking and Enforcement Title II: Grade Crossing Safety Title III: Hours of Service Title IV: Passenger Service Safety Standards Title V: Employee Authority, Certification, and Equipment Railroad Safety Reform Act of 1996 - Title I: Safety Rulemaking and Enforcement - Amends Federal transportation law with respect to railroad safety to direct the Secretary of Transportation to convene an annual conference to determine the most important actions needed to improve railroad safety, and report the results to the Congress. (Sec. 103) Directs the Administrator of the Federal Railroad Administration (FRA) to report monthly to specified congressional committees on the status of FRA's safety-related rulemakings and reports. (Sec. 104) Declares that certain railroad power brake safety rules proposed on September 16, 1994, shall take effect as final rules one year after enactment of this Act if before that time the Secretary has not issued all final regulations required by specified law. (Sec. 105) Declares that contingent safety standards contained in certain proposed rules shall take effect if the Secretary has not issued final revised track safety regulations before a specified time. Prescribes additional standards for track inspections and track owner compliance with the Secretary's safety regulations. (Sec. 107) Requires fees imposed on railroad carriers to cover the costs of providing an additional 400 railroad safety inspectors. (Sec. 109) Prohibits a railroad carrier, or an employee of a railroad carrier, from preventing another employee from furnishing, or discharging or disciplining an employee who has furnished, railroad accident and injury information. Sets forth both civil and criminal penalties. Title II: Grade Crossing Safety - Revises grade crossing safety provisions to require each railroad carrier to: (1) establish a toll-free telephone service to receive calls reporting malfunctions of safety equipment, or disabled vehicles blocking railroad tracks, at grade crossings; (2) notify trains operating near a grade crossing of the malfunction or disabled vehicle and contact appropriate public safety officials; and (3) ensure placement of signs at each grade crossing displaying the toll-free telephone information. (Sec. 202) Directs the Secretary to review current local, State, and Federal laws regarding violations of grade crossing signals. Directs the Secretary to develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of grade crossing signals. Title III: Hours of Service - Revises hours of duty limitations for train employees to increase off-duty time requirements. (Sec. 302) Sets forth requirements with respect to: (1) split shifts; (2) employee sleeping quarters; and (3) rotating shifts (including a Secretary of Transportation study of alternative methods of preventing fatigue due to such shifts). (Sec. 306) Includes in the definition of dispatching service employee (thus extending hours of service regulatory coverage to) supervisory train dispatchers, power directors, and other train employees who perform dispatching functions, as well as employees who dispatch trains through control of third rail or pantographic electrical power. (Sec. 307) Directs the Secretary to prescribe regulations requiring railroad carriers to develop, in consultation with employees and employee organization representatives, fatigue management plans designed to reduce the fatigue experienced by railroad employees and the likelihood of accidents and injuries caused by fatigue. Requires the Secretary to prescribe such a plan for any railroad carrier which does not submit one, or submits one the Secretary does not approve. Authorizes the Secretary, upon a railroad carrier's request, to waive any Federal hour of service requirements that would prevent a fatigue management plan from achieving the objective of reducing fatigue and enhancing safety. (Sec. 308) Directs the Railroad Safety Advisory Committee to convene a working group to consider what legislative changes might be appropriate with respect to hours of service. Title IV: Passenger Service Safety Standards - Requires all passenger railroad cars to have emergency windows and doors after January 1, 2000. (Sec. 402) Sets forth requirements for: (1) passenger railroad signals; (2) internal and compartmentalized fuel tanks on passenger locomotives; and (3) specified corner posts on passenger cars to improve crashworthiness. (Sec. 405) Directs the Secretary to: (1) develop a model for assessing accident or injury risks on railroad corridors, and compile related information; (2) identify high-priority railroad corridors which shall be required to have positive train control systems; and (3) issue regulations for the use of such systems. Title V: Employee Authority, Certification, and Equipment - Prohibits a railroad carrier from discharging or discriminating against an employee responsible for the inspection or repair of safety-related equipment, track, or structures for refusing to authorize their use because such employee believes they are in hazardous condition and would endanger human life. (Sec. 501) Revises dispute resolution requirements. Requires certification of other safety-related railroad personnel in addition to locomotive engineers. (Sec. 503) Requires each locomotive or cab-forward passenger car from which a train is operated, and each roadway work group or lone roadway worker when working along a railroad's right-of-way, to be equipped with a radio that permits two-way communication with the railroad's dispatcher (or other supervisory official able to communicate with the railroad's locomotive operators and roadway workers).
Bill· SS. 1155 (105th)referred
United States · United States Congress · 9 September 1997
Highway Safety Priority Act - Amends Federal aid highway provisions to: (1) require highway plans, specifications, and estimates to include the use of full-width lanes and shoulders; (2) require National Highway System design criteria to include the use of full-width lanes and shoulders to enhance highway and bridge safety; (3) require State highway laws to ensure appropriate roadside safety improvements, lane and shoulder widening, alignment and sight improvements, and conspicuous traffic control devices and pavement markings; (4) require a State highway certification to include standards that preserve and enhance the safety and mobility of highway users; (5) give priority to projects that improve safety while reducing congestion; and (6) require metropolitan transportation planning to include the maximization of safety and the need to prevent and reduce the frequency and severity of accidents involving rail and road users.
Bill· HRH.R. 2420 (105th)referred
United States · United States Congress · 5 September 1997
United States Cruise Tourism Act of 1997 - Authorizes the Secretary of Transportation to approve the transportation of passengers on foreign-flag cruise vessels not otherwise qualified to engage in the coastwise trade between ports in the United States, directly or by way of a foreign port, except with respect to coastwise trade served by a U.S.-flag cruise vessel. Requires termination of any such foreign-flag cruise vessel passenger service within three years after a U.S.-flag cruise vessel commences such service between the same ports. Requires the owner or charterer of a qualified foreign-flag cruise vessel to have any vessel repairs performed in the United States, unless the vessel requires repairs or service while at a distant foreign port. Directs the Secretary to terminate the coastwise trade privileges of the owner or charterer of a foreign-flag cruise vessel if such repairs have not been made in the United States. Provides for a waiver of such requirements in emergencies. Amends the Immigration and Nationality Act to authorize an immigration officer to extend for a period or periods of up to six months each a conditional permit to land temporarily in the United States granted to an alien crewman employed on a vessel, if the vessel owner or charterer requests the extension and the immigration officer determines that it is necessary to maintain the vessel in the coastwise trade between ports in the United States, directly or by way of a foreign port.
Resolution· HCONRESH.Con.Res. 146 (105th)referred
United States · United States Congress · 5 September 1997
Expresses: (1) outrage over the terrorist bombing in Jerusalem on September 4, 1997; (2) condolences to the families of the victims and to the people and Government of Israel; and (3) the commitment of the American people to remain dedicated to Israel's security. Demands that Palestinian Liberation Organization (PLO) Chairman Yasser Arafat and the Palestinian Authority eliminate the terrorist infrastructure and combat terrorist activities of all terror groups operating in areas under its control and fulfill PLO commitments made to Israel, the United States, and the world. Informs Arafat and the leaders of the Palestinian Authority that either they do what they pledged to do as part of the Oslo process to fight terror and the terrorist infrastructure or the entire peace process, relations with America, and the hopes of the Palestinian people for a better future will be seriously jeopardized. Urges Secretary of State Madeleine Albright to underscore to the Palestinians that the Palestinian Authority must fulfill its obligation of fighting terrorism with all the means at its disposal. Calls for suspension of all U.S. assistance to the Palestinian Authority until such time as substantive compliance with its commitments under the Oslo agreements is achieved.
Bill· SS. 1148 (105th)referred
United States · United States Congress · 4 September 1997
Amends Federal transportation law to declare counterfeit access devices and device-making equipment contraband subject to mandatory seizure and forfeiture.
Bill· HRH.R. 2405 (105th)open
United States · United States Congress · 4 September 1997
Amends Federal transportation law with respect to criteria for granting slots to new entrant air carriers at certain high density airports (other than Washington National Airport). Repeals the condition that only in exceptional circumstances may the Secretary of Transportation grant exemptions to specified regulations in order to grant such slots to new entrant air carriers.
Law· HRH.R. 2400 (105th)enacted
United States · United States Congress · 4 September 1997
TABLE OF CONTENTS: Title I: Federal-Aid Highways Title II: Highway Safety Title III: Federal Transit Administration Programs Title IV: Motor Carrier Safety Title V: Programmatic Reforms and Streamlining Title VI: Transportation Research Subtitle A: Surface Transportation Research, Technology, and Education Subtitle B: Intelligent Transportation Systems Title VII: Truth in Budgeting Building Efficient Surface Transportation and Equity Act of 1997 - Title I: Federal-Aid Highways - Authorizes appropriations out of the Highway Trust Fund (HTF) for the following: (1) the Interstate Maintenance Program (IM); (2) the National Highway System (NHS); (3) the Bridge Program; (4) the Surface Transportation Program (STP); (5) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); (6) a new High Risk Road Safety Improvement Program (high risk program); (7) the High Cost Interstate System Reconstruction and Improvement Program (high cost program); (8) Discretionary Programs; (9) the Appalachian Development Highway System Program; (10) the Recreational Trails Program; (11) the Federal Lands Highways Program (FLHP); and (12) Highway Use Tax Evasion Projects. (Sec. 103) Sets forth specified obligation ceilings, and formulas for distribution of (and redistribution of unused) obligation authority for Federal-aid highway programs. (Sec. 104) Revises apportionment provisions to require the Secretary of Transportation (the Secretary): (1) whenever an apportionment is made of the sums authorized to be appropriated for expenditure on IM, NHS, the bridge program, STP, CMAQ, the high risk program, the high cost program, the national corridor planning and development program, the border infrastructure and safety program, and FLHP, to deduct a sum not to exceed one and a half percent of all sums so authorized as necessary for administering legal provisions to be financed from appropriations for the Federal-aid highway program; and (2) on October 1 of each fiscal year, after making a specified deduction and set aside, to apportion the remainder of the sums authorized to be appropriated for expenditure on IM, NHS, STP, CMAQ, and the high risk program according to specified formulas. Modifies the recreational trails program to direct the Secretary to: (1) deduct from apportionments of sums for the program an amount not to exceed three percent to cover administrative, research, and technical assistance costs; and (2) apportion half of the remainder equally among eligible States and half to such States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year. Sets forth a new list of State percentages for NHS apportionments. Requires the Secretary to use the most up-to-date data available for the latest fiscal year in making apportionments. (Sec. 105) Revises the IM to authorize the Secretary to approve reconstruction of roads on the Interstate System (IS). (Sec. 106) Repeals certain requirements: (1) on States, local officials, and the Secretary regarding NHS components; and (2) regarding approval of designations and an interim system. Designates specified NHS modifications that consist of highway connections to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities as NHS components. Directs the Secretary to: (1) review the condition of and improvements made to NHS connectors approved by this Act that serve seaports, airports, and other intermodal freight transportation facilities since the designation of the NHS and report to the Congress; and (2) conduct a national children's competition to design a national logo sign for the routes comprising the NHS, appoint a panel to evaluate all designs and select a winning design, and report to specified congressional committees. (Sec. 107) Amends provisions regarding the highway bridge program to provide that if a State transfers funds apportioned to it in a fiscal year beginning after September 30, 1997, to any other apportionment of funds to such State, the total cost of deficient bridges in such State and in all States to be determined for the succeeding fiscal year shall be reduced by the amount of such transferred funds. Grants the Secretary discretion regarding the amounts authorized for FY 1998 through 2000 for bridges under this Act. Authorizes the use of agriculturally derived, environmentally acceptable, minimally corrosive anti- and de-icing compositions or installation of scour countermeasures for bridges other than those on a Federal-aid highway. (Sec. 108) Authorizes the application of anti- and de-icing compositions to bridges under the STP. Includes among eligible STP projects environmental restoration and pollution abatement projects, including the retrofit or construction of storm water treatment systems, to address water pollution or environmental degradation caused or contributed to by existing transportation facilities at the time such facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration. Limits the expenditure of funds to 20 percent of the total cost of such activity. Replaces certification requirements by the Governor of each State with a requirement that each State submit a project agreement for each fiscal year, certifying that the State will meet specified requirements and notifying the Secretary of the amount of obligations needed to administer the STP. Deems the Secretary's approval a contractual obligation of the United States for the payment of STP funds. (Sec. 109) Modifies CMAQ to authorize a State to obligate CMAQ funds if the program or project would have been eligible for funding on or before September 30, 1997, under guidance issued by the Secretary, subject to specified requirements. Authorizes: (1) funds for a project which will result in the construction of new capacity available to single occupant vehicles and to high occupancy vehicles if the project is otherwise eligible for assistance; and (2) appropriations for "minimum allocations" to States through FY 1997. Directs the Secretary to: (1) request the National Academy of Sciences to study the impact of CMAQ on the air quality of nonattainment areas and to report to specified congressional committees; (2) establish and implement a high risk program for construction and operational improvement projects only where the primary purpose of the project is to improve highway safety on a high risk road; and (3) allocate to States, in FY 1998 and beyond, amounts sufficient to ensure that a State's percentage of the total apportionments in each such FY for IM, NHS, the bridge program, STP, CMAQ, the high risk program, the recreational trails program, the Appalachian Development Highway System program, and metropolitan planning be at least 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the HTF, other than the Mass Transit Account, in the latest fiscal year for which data are available. Sets forth a formula regarding calculation of a minimum allocation adjustment. (Sec. 112) Directs the Secretary to apportion specified funds for FY 1998 through 2000 among the States based on the latest available cost to complete estimate for the Appalachian Development Highway System prepared by the Appalachian Regional Commission, unless the Commission adopts an alternative method for distribution. Specifies that, in general, no State containing System routes shall receive less than $1 million. Increases the Federal share for pre-financed projects. (Sec. 113) Replaces provisions regarding reimbursement for segments of the IS constructed without Federal assistance with a high cost interstate system reconstruction and improvement program. Makes funds available for a fiscal year for any major reconstruction or improvement project to a highway designated as part of the IS and open to traffic before this Act's enactment, subject to specified requirements. (Sec. 114) Directs the Secretary to: (1) administer a national program to provide and maintain recreational trails (and terminates the National Recreational Trails Advisory Committee on September 30, 2000); and (2) establish and implement a program to make allocations to States for coordinated planning and design of corridors of national significance, economic growth, and international or interregional trade, and a coordinated border infrastructure and safety program to improve the safe movement of people and goods at or across the U.S.- Canadian and U.S.-Mexican borders. (Sec. 117) Increases the Federal share payable for IS projects. Permits the use of funds appropriated to a Federal land managing agency, and for the FLHP, as the non-Federal share for specified purposes. Directs the Secretary to: (1) allocate 50 percent of sums authorized to be appropriated for forest highways according to a specified formula; (2) conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts; (3) allocate funds for specified transportation-related historical research activities of the Smithsonian Institution; (4) allocate specified funds for the planning, design, and construction of a visitors center to facilitate visitor understanding and enjoyment of resources accessible by the New River Parkway in West Virginia; (5) carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archeological qualities by designating them as National Scenic Byways or All-American Roads; (6) allocate funds to establish a center for national scenic byways in Duluth, Minnesota; and (7) establish and implement a variable pricing pilot program (repeals a congestion pricing program under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)), and report to the Congress. (Sec. 120) Allows States to use as credit toward the non-Federal matching share requirement for certain funds made available, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce which were not built, improved, or maintained with Federal funds. Directs the Secretary to: (1) establish and implement an IS reconstruction and rehabilitation pilot program under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the IS for the purpose of constructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls; and (2) develop performance-based criteria for the distribution of up to five percent of the funds from each of the IM, bridge, high risk, STP, and CMAQ programs, and report to the Congress. (Sec. 121) Amends ISTEA to: (1) allow, at the Secretary's discretion, the obligation from the HTF funds for the construction of ferry boat and ferry terminal facilities; and (2) authorize the use of funds to establish and operate an automated fuel reporting system. (Sec. 124) Modifies Federal highway provisions regarding: (1) metropolitan planning to include that it is in the national interest to foster economic growth and development; and (2) statewide planning to authorize a State to consider specified goals and objectives in the transportation planning process. Directs the Secretary to conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming, and report to the Congress. (Sec. 126) Requires the Secretary to initiate and: (1) issue a guidance regarding the benefits and performance of various types of crash cushions in different road configurations; and (2) complete a rulemaking proceeding to determine the appropriate use by States of movable barrier technologies to enhance safety and improve the capacity and geometric design of highways. (Sec. 127) Authorizes appropriations for specified executive and legislative branch discretionary programs. (Sec. 128) Amends the National Highway System Designation Act of 1995 to direct the Secretary to convey to Virginia, Maryland, and the District of Columbia all U.S. interest in and to the Woodrow Wilson Memorial Bridge, which shall subsequently convey to the Woodrow Wilson Memorial Bridge Authority their respective interests in and to the Bridge. (Sec. 129) Authorizes a State, in implementing Federal-aid highway projects, to reserve training positions for persons who receive welfare assistance from such State. Authorizes: (1) the Secretary to develop, conduct, and administer highway technology training, and to develop and fund summer transportation institutes; (2) give priority to funding for a transportation project related to an Olympic event under specified conditions; (3) provide assistance to State and local governments in carrying out transportation projects related to an international quadrennial Olympic event; (4) carry out a project for the reconstruction of a highway, or portion of a highway, located outside the United States that is important to the national defense; and (5) fund the production of a documentary about infrastructure. Directs the Secretary to conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules, and report to the Congress. (Sec. 133) Sets forth provisions regarding various projects in California, Michigan, Ohio, West Virginia, and Minnesota. (Sec. 134) Repeals a law regarding Federal approval of membership of bridge commissions. Directs the Secretary to conduct a study to examine the impact of truck weight standards on specialized hauling vehicles, and to report to the Congress. (Sec. 135) Bars States from restricting motorcycle access to any highway or portion thereof for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (Sec. 136) Amends ISTEA to include specified corridors, such as the Capital Gateway Corridor, as high priority corridors. (Sec. 137) Revises provisions regarding: (1) bicycle transportation and pedestrian walkways to authorize the use of NHS funds for pedestrian walkways; and (2) standards for Federal-aid highways to prohibit the Secretary from approving any project or taking any regulatory action that will result in the severance of an existing major route or have significant adverse impact on the safety for non-motorized transportation traffic and light motorcycles, unless such project or action provides for a reasonably alternate route or such a route exists. Directs the Secretary to initiate a study to consider proposals to amend the policies of such association relating to highway and street design standards to accommodate bicyclists and pedestrians. Authorizes the Secretary to develop a national bicycle safety education curricula that may include courses relating to on-road training. Sets forth reporting requirements. (Sec. 138) Amends Federal highway provisions regarding the hazard elimination program to consider conditions that may constitute a danger to bicyclists. (Sec. 139) Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the Barney Circle Freeway project in the District of Columbia. (Sec. 140) Requires: (1) the Secretary to conduct life-cycle cost analyses of each usable project segment on the NHS (currently, with a cost of $25 million or more); and (2) the Comptroller General to conduct a study to assess the impact that a utility company's failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, and report to the Congress. Title II: Highway Safety - Amends Federal highway provisions to: (1) provide that uniform guidelines for highway safety programs take into account accident prevention; (2) direct that the apportionment to the Secretary of the Interior for highway safety programs not be less than three-fourths of one percent of the total apportionment; (3) make provisions regarding access for physically handicapped across curbs at pedestrian crosswalks applicable to Indian tribes, with exceptions; and (4) replace a mandatory rulemaking process with one authorizing the Secretary to periodically identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. (Sec. 203) Revises highway safety research and development provisions to authorize the use of safety research funds for training in work zone safety management. (Sec. 204) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. (Sec. 205) Replaces provisions regarding: (1) school bus driver training with provisions directing the Secretary to make grants to States that adopt and implement effective programs to improve the timeliness, accuracy, completeness, uniformity, and accessibility of the State's data needed to identify priorities for State and local highway and traffic safety programs, evaluate the effectiveness of efforts to make such improvements, and link these State data systems, including traffic records, together and with other data systems within the State; and (2) drunk driving prevention programs with an alcohol-impaired driving countermeasures program (which provides for grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol). (Sec. 207) Authorizes the Secretary to enter into an agreement with an organization that represents the interests of the States to manage, administer, and operate the National Driver Register's (NDR) computer timeshare and user assistance functions. Directs that any transfer of such functions to an organization that represents the interests of the States begin only after a determination is made by the Secretary that all States are participating in NDR's "Problem Driver Pointer System" and that the system is functioning properly. (Sec. 208) Directs: (1) the Secretary to conduct a study on the benefit to public safety of the use of blowout resistant tires on commercial motor vehicles and the potential to decrease the incidence of accidents and fatalities from accidents occurring as a result of blown out tires, and to report to the Congress; (2) the Comptroller General to conduct a study to evaluate the effectiveness of State laws that deem any individual with a blood alcohol concentration of .08 percent or greater, and .02 percent or greater for persons under age 21, while operating a motor vehicle to be driving while intoxicated, in reducing the number and severity of alcohol-involved crashes, and report to the Congress; and (3) the Secretary to make grants to establish and maintain a center for transportation injury research at the State University of New York at Buffalo. (Sec. 210) Authorizes appropriations out of the HTF for: (1) National Highway Traffic Safety Administration highway safety programs, and highway safety research and development (R&D); (2) Federal Highway Administration (FHWA) highway safety programs and highway safety R&D; (3) occupant protection incentive grants; (4) State highway safety data grants; (5) State highway safety data grants; (6) the alcohol traffic safety incentive grant program; and (7) NDR. Title III: Federal Transit Administration Programs - Amends Federal transportation law with respect to the metropolitan transportation planning process to replace the current mandatory factors for consideration in developing plans and programs with specified discretionary considerations whose translation into goals and objectives the metropolitan planning organization (MPO) shall determine cooperatively with the State and mass transportation operators. (Sec. 304) Requires the transportation improvement program to be updated at least once every three years (currently, every two years). Allows the program financial plan to include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (Sec. 305) Changes from mandatory to discretionary the inclusion of a congestion management system in the transportation planning process in a transportation management area (TMA). Requires the State, instead of the TMA MPO, to select high risk road safety projects. (Sec. 306) Changes the capital project block grant program into an urbanized area formula grant program. Repeals authority to finance operating costs generally under the program. Authorizes the Secretary to make grants to finance the operating cost of equipment and facilities for use in mass transportation only in an urbanized area with a population of less than 200,000. Changes the interest allowance under the covered cost of advance construction projects from a specified formula to the most favorable financing terms reasonably available, given the applicant's reasonable diligence in seeking them. Declares that two percent of the block grant funds apportioned to urbanized areas of at least 200,000 population shall only be available for transit enhancement activities. (Sec. 307) Repeals the Secretary's current authority to make capital project block grants from the Mass Transit Account. (Sec. 308) Authorizes the Secretary to make grants and loans to assist State and local authorities in financing: (1) capital projects to modernize existing fixed guideway systems; and (2) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities. Repeals authority to make such grants and loans for transportation projects that enhance urban economic development or incorporate private investment. Repeals the requirement that the Secretary consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities: (1) owned by a rail carrier subject to reorganization under the bankruptcy code; and (2) used to provide commuter rail transportation. Revises the criteria for grants and loans for fixed guideway systems. Revises requirements for: (1) letters of intent and full funding agreements; and (2) grant and loan allocations, including bus and bus facility grants. Directs the Secretary to establish a pilot program for the testing and deployment of new bus technology, including clean fuel and alternative fuel technology. (Sec. 309) Directs the Secretary to make grants and enter into 50 percent cost-sharing contracts, cooperative agreements, and other agreements with specified consortia selected competitively from among public and private partnerships to promote the early deployment of innovation in mass transportation technology, services, management, or operational practices. Authorizes the Secretary to inform the U.S. domestic mass transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of mass transportation products and services. Directs the Secretary to make grants for 80 percent of the cost of developing low speed magnetic levitation technology for public transportation in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (Sec. 313) Repeals the mandate to make grants to specified university research institutes and for regional transportation centers. (Sec. 316) Increases from 90 percent to 95 percent the Federal share of a project providing bicycle access to mass transportation. Requires capital project grants and loans to require that any person agreeing to occupy space in a federally funded facility pay a reasonable share of facility costs through rental payments or other means. Declares that, to the extent feasible, governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall participate and coordinate with assistance recipients in the planning, design, and delivery of transportation services. (Sec. 318) Authorizes a grant recipient to award a procurement contract to other than the lowest bidder when the award furthers an objective consistent with the purposes of the grant, including improved long-term operating efficiency and lower long-term costs. (Sec. 319) Authorizes an urbanized area formula grant recipient procuring an associated capital maintenance item to contract directly with the original manufacturer or supplier of the item to be replaced, without the Secretary's prior approval, if the recipient first certifies in writing to the Secretary that: (1) the manufacturer or supplier is the only source for the item; and (2) the item's price is no more than what similar customers pay for it. (Sec. 321) Directs the Secretary to study and report to the Congress on how the alcohol and controlled substances random testing rate for mass transportation employees should be calculated. (Sec. 322) Authorizes the Secretary to collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote mass transportation. Directs the Secretary to seek public comment on ways to simplify and streamline the administration of the formula program for urbanized areas with populations of less than 200,000, and make every effort to ease any administrative burdens identified. (Sec. 324) Limits the total amount of funds available for any fiscal year for operating assistance and preventive maintenance activities for urbanized areas. (Sec. 325) Revises the apportionment of appropriations for fixed guideway modernization. Requires inclusion of route segments in apportionment formulas. (Sec. 326) Authorizes appropriations, and sets the obligation ceilings, for FY 1998 through 2000. (Sec. 328) Authorizes the Secretary to make competitive grants to assist States, local authorities, and nonprofit organizations in financing transportation services designed to transport welfare recipients to and from jobs and activities related to their employment. Sets the Federal share of costs at 50 percent. (Sec. 329) Declares that it is the sense of the Committee on Transportation and Infrastructure that the Secretary of the Treasury should estimate the mass transit portion of net highway receipts every 24 months instead of every 12 months. (Sec. 330) Directs the Comptroller General to study and report to specified congressional committees on the Secretary of Transportation's implementation of project management oversight. (Sec. 331) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on: (1) the effect of privatization or contracting out of mass transportation operation and administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations; and (2) the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (Sec. 333) Directs the Secretary to study and report to specified congressional committees on whether the current formula for apportioning funds to urbanized areas accurately reflects their transit needs, and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (Sec. 334) Directs the Comptroller General to study and report to specified congressional committees on Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services. Title IV: Motor Carrier Safety - Amends Federal transportation law to specify that discretionary grants to States to develop commercial motor vehicle regulatory programs include performance-based grants to improve motor carrier safety, and in particular hazardous materials transportation safety. (Sec. 402) Authorizes appropriations for such grants for FY 1998 through 2000. Authorizes the Secretary, in allocating funds for State grants, to designate up to five percent of them to reimburse: (1) States for carrying out high priority (including national) activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, including any that increase public awareness and education or demonstrate new technologies; and (2) local governments and other persons that use trained and qualified officers and employees, for carrying out such activities and projects in coordination with State motor vehicle safety agencies. (Sec. 403) Converts the current discretionary commercial motor vehicle information system program into mandatory motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support required safety activities. Requires coordination of such systems into a network providing identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. Requires the Secretary to develop data analysis capacity and programs providing the means to perform specified functions. Provides funding for the existing performance and registration information clearinghouse. Authorizes the Secretary to establish a program to improve commercial motor vehicle driver safety. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Authorizes appropriations for FY 1998 through 2000. (Sec. 405) Authorizes the Secretary to make contracts for inspections and investigations. (Sec. 406) Authorizes the Secretary to grant a person or class of persons up to a two-year, renewable exemption from a commercial motor vehicle safety or operators regulation if it would likely achieve a level of safety equal to or greater than the level that would be achieved without such exemption. Authorizes the Secretary to conduct pilot programs to evaluate innovative approaches to motor carrier, vehicle, and driver safety. Allows such a program containing specified elements to include an exemption under this section. (Sec. 407) Repeals the mandate for (thus abolishing) the Commercial Motor Vehicle Safety Regulatory Review Panel. Requires the Secretary to review State laws and regulations on commercial motor vehicle safety. Requires any State that enacts a State law or issues a regulation on commercial motor vehicle safety to submit a copy of it to the Secretary for review immediately after enactment or issuance. Allows enforcement of such law or regulation if the Secretary decides it has the same effect as a regulation prescribed by the Secretary. Prohibits enforcement if the law or regulation is less stringent than a regulation prescribed by the Secretary. (Sec. 408) Repeals certain requirements for: (1) procedures to ensure timely correction of safety violations; and (2) compliance review priority. (Sec. 409) Declares that an individual may operate a commercial motor vehicle only with a valid commercial driver's license (CDL). Requires each CDL issued after January 1, 2000, to include unique identifiers to minimize fraud and duplication. Repeals the Secretary's discretionary authority to make an agreement for the operation of a CDL information system. Requires the Secretary to maintain the system. Requires the system to include information on all fines, penalties, convictions, and failure to appear for a hearing or trial incurred by the operator with respect to operation of a motor vehicle for a period of at least three years beginning on the date of the imposition of such a fine or penalty, or the date of such a conviction or failure to appear. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Repeals current authority (superseded by this title) for grants to States for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing CDLs and complying with State participation requirements. (Sec. 410) Directs the Secretary to make grants to border States, local governments, organizations, and other persons for specified activities designed to improve commercial motor vehicle safety in the vicinity of borders between the United States and Canada and the United States and Mexico. Sets the Federal share of costs for such activities at 80 percent (but only 50 percent for the third year of a grant used to employ additional personnel to enforce commercial motor vehicle safety regulations). (Sec. 411) Directs the Secretary to study and report to Congress on State laws and regulations pertaining to penalties for violation of State commercial motor vehicle weight laws. (Sec. 412) Repeals the mandate and authorization of appropriations to participate in the International Registration Plan and International Fuel Tax Agreement. (Sec. 413) Directs the Secretary to establish a nationwide toll-free telephone system for drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations and any laws or regulations relating to the safe operation of commercial motor vehicles. (Sec. 414) Directs the Secretary to determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin-treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition against operation of such vehicles by such individuals. Requires the Secretary to compile, evaluate, and report to Congress on research and other information on the effects of insulin treated diabetes mellitus on driving performance. (Sec. 415) Requires the Secretary to: (1) review State procedures to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle; and (2) identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. Requires issuance of regulations reflecting the results of such review. (Sec. 416) Requires the Secretary to study and report to Congress on the feasibility of using emergency responders and law enforcement officers to conduct post-accident alcohol testing of commercial motor vehicle operators as a method of obtaining more timely information and reducing the burdens that employers may encounter in meeting current testing requirements. (Sec. 417) Requires the Secretary to encourage the research, development, and demonstration of technologies, identified taking into account specified considerations, that may aid in reducing the fatigue of commercial motor vehicle operators. (Sec. 418) Requires the Secretary to: (1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; (2) periodically update such safety fitness determinations; (3) make such determinations readily available to the public; and (4) prescribe by regulation penalties for violations. Requires the Secretary to maintain by regulation a procedure with specified elements for determining whether an owner or operator is fit to operate safely commercial motor vehicles. Prohibits an owner or operator determined unfit from operating commercial motor vehicles in interstate commerce until the Secretary determines such owner or operator is fit. Requires the Secretary to review, upon request, an unfit owner's or operator's compliance with those requirements with which the owner or operator failed to comply, resulting in the unfitness determination. Prohibits any Federal department, agency, or instrumentality from using an unfit owner or operator to provide any transportation service until the Secretary determines such owner or operator is fit. (Sec. 419) Declares that Federal law governing the transportation of hazardous material does not prohibit a State from providing an exception from requirements relating to placarding, shipping papers, and emergency telephone numbers for the private motor carriage in intrastate transportation of an agricultural production material from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply. Defines agricultural production material as: (1) under 16,094 pounds of ammonium nitrate fertilizer; (2) under 502 gallons (liquid) or 5,070 pounds (solids) of a pesticide; and (3) under 3,500 gallons of a diluted solution of water and pesticides or fertilizer. Title V: Programmatic Reforms and Streamlining - Modifies provisions regarding plans, specifications, and estimates to direct the Secretary to enter into a formal project agreement with each State highway department formalizing the conditions of project approval. Requires such agreement to make provision for State funds required for the State's pro rata share of the cost of construction of the project and for the maintenance of the project after completion of construction. Authorizes the Secretary to discharge to the State any of the Secretary's responsibilities for design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS, with exceptions. Directs: (1) the State to assume such responsibilities for projects that are not on the NHS; and (2) the Secretary and the State to reach agreement as to the extent the State may assume the Secretary's responsibilities for NHS projects, subject to a limitation. (Sec. 502) Directs the Secretary to develop and implement a coordinated environmental review process for highway construction projects that require: (1) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (NEPA), with an exception; or (2) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. Sets forth provisions regarding: (1) a memorandum of understanding between the Department of Transportation (DOT) and all other Federal (and, where appropriate, State) agencies; (2) elements of the coordinated process; (3) dispute resolution; (4) acceptance of project purpose and need; (4) State agency participation; (5) assistance to affected Federal agencies; and (6) judicial review. Directs the Secretary to: (1) establish and implement a State environmental review pilot demonstration program; (2) eliminate the major investment study as a separate requirement and promulgate regulations to integrate such requirement as part of each analysis undertaken pursuant to NEPA for a project receiving assistance with funds made available under this Act; and (3) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan. (Sec. 505) Provides that if at least 50 percent of a State's apportionment under specified Federal-aid highway, and highway bridge replacement and rehabilitation program, funds for a fiscal year, or at least 50 percent of specified allocations of apportioned funds from the State's apportionment may not be transferred to any other apportionment of the State for such fiscal year, then the State may transfer up to 50 percent of such apportionment or set aside to any other State apportionment for that fiscal year. Sets forth provisions regarding the application of this general rule to certain STP set- asides and CMAQ funds. (Sec. 506) Directs the Secretary to: (1) establish criteria for all discretionary programs funded from the HTF which, to the extent practicable, conform to a specified executive order relating to infrastructure investment; and (2) eliminate any required programmatic responsibility for any regional office of DOT carrying out responsibilities of the FHWA regarding any funds made available by this Act. Authorizes the Secretary to retain regional DOT offices carrying out responsibilities of the FHWA for the purpose of providing technical support to States, metropolitan areas, and transit authorities upon request. Title VI: Transportation Research - Subtitle A: Surface Transportation Research, Technology, and Education - Part I: Highway Research - Modifies research and planning provisions. Directs the Secretary to make grants and enter into cooperative agreements and contracts to: (1) continue the monitoring, material-testing, and evaluation of the highway test sections established under the long-term pavement performance program; (2) carry out analyses of the data collected under the program; and (3) prepare the products required to fulfill the original objectives of the program and meet future pavement technology needs. (Sec. 611) Replaces provisions regarding short haul passenger transportation systems with provision for an advanced research program that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. Directs the Secretary to strive to develop partnerships with the public and private sectors. Repeals the strategic highway research program and the applied research and technology program. Modifies: (1) the seismic research program to direct the Secretary to establish a program to study the vulnerability of the Federal-aid highway and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability; and (2) the international highway transportation outreach program to authorize the Secretary to engage in activities to promote U.S highway transportation goods and services internationally, and to gather and disseminate information on foreign transportation markets and industries. Part II: Transportation Education, Professional Training, and Technology Deployment - Directs the Secretary to: (1) develop and implement a national technology deployment initiative to expand adoption by the surface transportation community of innovative technologies to improve the safety, efficiency, reliability, service life, and sustainability of transportation systems and to reduce environmental impact; (2) integrate activities undertaken with DOT efforts to disseminate the results of research sponsored by DOT and to facilitate technology transfer; and (3) give preference to projects that leverage Federal funds with other significant public or private resources. (Sec. 624) Directs the Secretary to make grants to: (1) nonprofit institutions of higher learning to establish and operate one university transportation center in each of the ten U.S. Government regions that comprise the Standard Federal Regional Boundary System, and ten such additional centers to address transportation management and R&D; (2) Marshall University, West Virginia, to establish and operate an Appalachian Transportation Institute; and (3) the University of Minnesota to continue to operate and expand the Intelligent Transportation Systems (ITS) Institute. Part III: Bureau of Transportation Statistics and Miscellaneous Programs - Amends Federal transportation provisions to provide for compilation of statistics on transportation-related variables influencing global competitiveness. Directs the Bureau of Transportation Statistics to review and report to the Secretary on the sources and reliability of the statistics proposed by the heads of the operating administrations of DOT to measure outputs and outcomes, and to undertake such other reviews as may be requested by the Secretary. (Sec. 631) Requires the Director of the Bureau to: (1) ensure that statistics compiled are relevant for transportation decisions by Federal, State, and local governments, transportation-related associations, private businesses, and consumers; (2) establish and maintain an intermodal transportation database and a national transportation library; and (3) develop and maintain geographic databases depicting transportation networks; flows of people, goods, vehicles, and craft over those networks; and social, economic, and environmental conditions affecting or affected by those networks. Authorizes the Secretary to make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities to support the programs and activities of the Bureau. Sets forth provisions regarding: (1) a prohibition of certain disclosures regarding information obtained under the long-term data collection program; and (2) collection of data for non-statistical purposes. Allows funds received by the Bureau from the sale of data products to be credited to the HTF and made available for the purpose of reimbursing the Bureau for such expenses. Authorizes appropriations. (Sec. 632) Directs the Secretary to carry out a transportation technology innovation and demonstration program, as part of which the Secretary shall: (1) conduct research on improved methods of using concrete and asphalt pavement in the construction, reconstruction, and repair of Federal-aid highways, on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation, on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers, and on the use of composite materials for guardrails and bridge decking; (2) expand and continue the study relating to the development of a motor vehicle safety warning system and conduct tests of such system; (3) make grants for research and construction to improve and demonstrate the use of steel bridge construction; (4) continue to support the Urban Consortium's ITS outreach and technology transfer activities; (5) continue development and deployment to metropolitan planning organizations of the Transportation Economic and Land Use System; (6) make grants to Wisconsin to continue specified ITS activities; and (7) carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid in the transportation planning and analysis while making a significant contribution to the ITS program, to be located in the two largest metropolitan areas in Pennsylvania. Subtitle B: Intelligent Transportation Systems - Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the Nation's surface transportation systems. Lists ITS program goals. (Sec. 653) Directs the Secretary to: (1) carry out the ITS program in cooperation with governmental, private, and educational entities, and in consultation with Federal officials; (2) develop, implement, and maintain a national ITS architecture and standards and protocols to promote the widespread use and evaluation of ITS technology as a component of the Nation's surface transportation systems; (3) issue guidelines and requirements for the evaluation of field and related operational tests; (4) establish and maintain a repository for technical and safety data collected as a result of federally sponsored projects and make, upon request, such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (5) ensure that ITS projects carried out using funds made available from the HTF conform to the national ITS architecture and standards and protocols, with an exception; (6) require an analysis of the life-cycle costs of specified projects where the total initial capital costs of ITS operations and maintenance elements exceeds $3 million; and (7) develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for its projects carried out using funds made available from the HTF. (Sec. 654) Directs the Secretary to maintain and update, as necessary, the National ITS Program Plan developed by DOT and the Intelligent Transportation Society of America, and report to the Congress. (Sec. 655) Authorizes the Secretary to: (1) provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, and evaluate ITS technologies and services; funding to support adequate consideration of transportation system management and operations, including ITS, within metropolitan and statewide transportation planning processes; and funding for research and operational tests relating to ITS; and (2) conduct R&D activities for the purpose of demonstrating integrated intelligent vehicle highway, and roadway safety, systems, including state-of-the-art systems and integrating collision avoidance, in-vehicle information, and other safety-related systems. (Sec. 656) Directs the Secretary to conduct a program to promote the deployment of regionally integrated, intermodal intelligent transportation systems and, through financial and technical assistance, assist in the development and implementation of such systems. Lists goals, funding limitations, and priorities for ITS deployment. (Sec. 657) Sets forth provisions regarding funding allocations (for the intelligent transportation infrastructure deployment incentives program, and for ITS research and program support activities), and the Federal share for specified programs. (Sec. 658) Repeals the Intelligent Vehicle-Highway Systems Act of 1991 (Title VI, Part B, of ISTEA). Title VII: Truth in Budgeting - Declares that the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund shall: (1) not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the U.S. Government. (Sec. 701) Amends the Internal Revenue Code to state that the amount of interest credited to any of such trust funds for any fiscal year shall not exceed the amount of interest which would be credited to the fund if it were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year. (Sec. 702) Amends Federal transportation law to require the Secretary of Transportation to estimate annually the net aviation receipts and the unfunded aviation authorizations at the close of the following fiscal year. Requires adjustments to the amount authorized to be appropriated from the Airport and Airway Trust Fund for such fiscal year so that the estimated unfunded aviation authorization will neither exceed nor be less than the estimated net aviation receipts. (Sec. 703) Requires the Secretary of the Army to estimate annually the net inland waterways and net harbor maintenance receipts, and the unfunded inland waterways and unfunded harbor maintenance authorizations at the close of the following fiscal year. Requires adjustments to the amounts authorized to be appropriated from the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund for such fiscal year so that the estimated unfunded authorizations will neither exceed nor be less than the estimated net receipts.
Resolution· HRESH.Res. 213 (105th)passed
United States · United States Congress · 1 August 1997
Elects Representative Jerry Moran to the House Committee on Transportation and Infrastructure.
Bill· SS. 1115 (105th)open
United States · United States Congress · 31 July 1997
Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations.
Bill· SS. 1138 (105th)referred
United States · United States Congress · 31 July 1997
Freedom to Ship Act of 1997 - Amends Federal shipping law known as the Jones Act to redefine U.S. citizen to include certain corporations, partnerships, trusts, joint ventures, and other business entities organized under U.S. or State law, some (but not all) of whose officers, directors, or partners are U.S. citizens (currently all must be U.S. citizens), even though a parent corporation, partnership, or other second-tier owner, or trust beneficiary, is not a U.S. citizen. Requires such partnerships, trusts, associations, joint ventures, limited liability companies or partnerships, and other entities to have U.S. citizens as at least two-thirds of their respective general partners, trustees, or members. Allows a coastwise endorsement on the certificate of documentation for certain foreign qualified vessels and vessels of foreign registry (whose nation of registry extends reciprocal privileges to U.S. vessels). Renames the requirements for Great Lakes licenses and registry as inland waterways endorsements requirements. Makes conforming amendments to the Merchant Marine Act, 1920 and other related Federal law with respect to transportation of merchandise or passengers, towing and salvaging operations, and liability for injury or death of master or crew member. Requires each non-U.S. citizen owner or operator of vessels that regularly engage in the U.S. domestic coastwise trade to: (1) establish a corporation or other corporate entity and qualify under the laws of the State where the corporation or entity is established to do business in the United States; and (2) name a corporate officer upon whom process may be served.
Bill· SS. 1125 (105th)referred
United States · United States Congress · 31 July 1997
Highway Bridge Improvement Act of 1997 - Amends Federal highway provisions setting aside specified funds earmarked for the discretionary bridge program to require the Secretary of Transportation, before apportioning authorized funds among the States for highway bridge replacement and rehabilitation, to set aside $800 million for each fiscal year from such funds to made available for obligation at the Secretary's discretion. Eliminates provisions earmarking program funds for highway timber bridges.
Bill· SS. 1103 (105th)referred
United States · United States Congress · 31 July 1997
Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997 - Declares that it is U.S. policy to establish a MAGLEV transportation technology system (i.e., a transportation system employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) operating along Federal-aid highways and other rights-of-way as part of a national transportation system. Amends Federal transportation law to direct the Secretary of Transportation to: (1) establish a High-Speed Ground Transportation Office in the Federal Railroad Administration to coordinate and administer all authorized high-speed rail and MAGLEV programs, to make available financial assistance to provide the Federal share of full project costs of eligible projects selected, and to otherwise carry out this Act; and (2) solicit applications from States, or authorities designated by one or more States, for financial assistance authorized for planning, design, and construction of eligible MAGLEV projects. Sets forth provisions regarding the Federal share, authorized uses of assistance, and project eligibility. Directs the Secretary to establish criteria for selecting eligible projects, to evaluate the projects, and to select projects to receive financial assistance. Sets forth provisions regarding joint ventures. Directs the Secretary to conduct research regarding the quantification of benefits derived from the implementation of MAGLEV technology, MAGLEV safety, and the development of domestic MAGLEV technologies and technologies associated with MAGLEV infrastructure. Sets forth reporting requirements. Authorizes appropriations from the Highway Trust Fund to carry out this Act. Specifies that, for the purpose of obtaining tax-exempt bond financing under the Internal Revenue Code, a MAGLEV facility shall be considered to be a high-speed intercity rail facility with an average speed greater than 150 miles per hour.
Bill· HRH.R. 2337 (105th)open
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Level and Distribution of Funds Title II: Program Streamlining Title III: Reduction of Regulation Title IV: Effective Date; Transition Rules Surface Transportation Authorization and Regulatory Streamlining Act - Title I: Level and Distribution of Funds - Authorizes appropriations for FY 1998 through 2003 out of the Highway Trust Fund other than the Mass Transit Account (Highway Fund) for: (1) the National Highway System (NHS); (2) the Surface Transportation Program (STP); (3) the Federal Lands Highways Program (including Indian reservation roads, public lands highways, and parkways and park roads); (4) the Cooperative Federal Lands Transportation Program; and (5) U.S. territories. (Sec. 102) Directs the Secretary of Transportation (Secretary), beginning in FY 1999, to publish in the Federal Register specified information concerning the use of, and methods of apportionment for, the additional highway account revenues authorized under this Act. Requires 60 percent of such amounts to be apportioned for the NHS, and 40 percent for the STP. (Sec. 103) Provides further apportionment of authorized funds within programs under the NHS and STP. Requires population determinations for apportionment purposes to be based on the most recent estimates prepared by the Secretary of Commerce. (Sec. 104) Provides an apportionment adjustment program under which: (1) Puerto Rico is provided specified additional highway funds; and (2) additional apportionments are made, according to specified apportionment percentages, to low-population-density States (20 individuals or less per square mile) and small States (population of 1.5 million or fewer in a land area of 10,000 square miles or less). Provides five calculation levels for the determination of appropriated amounts to such States. Authorizes appropriations for such additional apportionments out of the Highway Fund for FY 1998 and thereafter. Repeals certain prior apportionment adjustment programs. (Sec. 105) Decreases from three and three-fourths to two the percentage of apportionment funds to be spent on administrative expenses and appropriate highway and transportation research. Requires such expense deduction to be made only after the completion of all other aspects of calculating the apportionment. Requires one percent of NHS and STP funds annually to be set aside for metropolitan planning activities. Directs the Secretary to undertake an enhanced level of research to determine methods of reducing the long- and short-term costs of constructing and maintaining asphalt pavement in areas with severe or frequent freeze-thaw cycles. Requires the Secretary, in selecting research topics, allocating funds, and promoting and developing transportation systems, to give careful consideration to the national interest in transportation issues, infrastructure, and modern transportation technology related to rural areas. (Sec. 106) Authorizes appropriations for FY 1998 through 2003 from the Highway Fund to carry out the recreational trails program under the Intermodal Surface Transportation Efficiency Act of 1991. Provides a State apportionment formula and a deduction of up to three percent for administrative expenses. Limits the Federal share to 80 percent of the cost of a recreational trails project. Provides for matching funds from Federal grant programs. (Sec. 107) States that nothing in this Act establishes a limitation on the total of all obligations for any fiscal year for Federal-aid highways and highway safety construction programs. Provides specific rules for any such limitations, including: (1) a distribution formula for FY 1998 and thereafter; (2) the redistribution of unused obligation authority; (3) the authority to obligate up to an additional five percent of all funds apportioned to a State for such programs; and (4) the maintenance of overall program balance. Title II: Program Streamlining - Requires each State, beginning with FY 1998, to certify to the Secretary that: (1) it has reserved an amount for bridge expenditures that is not less than the amount apportioned to such State for such purpose for FY 1997; or (2) the amount the State will reserve to carry out bridge projects between FY 1998 and 2003 will be no less than six times the amount appropriated to the State for such purpose for FY 1997. Directs the Secretary, beginning with FY 1998, to set aside specified amounts for discretionary bridge projects. Repeals provisions: (1) requiring an inventory of highway bridges on public roads and park and Indian reservation bridges; (2) concerning the replacement or rehabilitation of bridges and apportionment of funds for such purpose; (3) concerning bridge inventory reports; and (4) providing for an off-system bridge program as well as a historic bridge program. (Sec. 201) Provides a specified set-aside from the STP for highway safety programs and related activities for FY 1998 through 2003. Allows such funds to be used for the installation of protective devices at railway-highway crossings. Provides further set-asides for such fiscal years for: (1) transportation enhancement activities; and (2) congestion mitigation and air quality improvement activities. (Sec. 202) Repeals NHS provisions which require the Secretary to remove from designation as a part of the Interstate System (IS) each segment for which that State has not notified the Secretary that it intends to construct such segment and which the Secretary finds is not essential to the completion of a unified and connected IS. (Sec. 203) Repeals provisions concerning: (1) the transfer to the apportionments of a State of amounts not used for IS segment construction costs, resurfacing, restoring, or rehabilitating; and (2) the placing of funding limitations on IS highway or bridge expansion which does not involve high-occupancy-vehicle lanes or auxiliary lanes. (Sec. 204) Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation (DOT) limitation relating to the type of ambient air quality standard addressed by such project. Makes eligible under the STP the placement of funds in a State infrastructure bank approved by the Secretary. Removes a limitation concerning STP projects undertaken on roads classified as local or rural minor collectors. Revises provisions regarding: (1) the determination by a State of its allocation formula used for the apportionment of STP funds for division between urbanized areas of over 200,000 population for FY 1998 and thereafter; and (2) State certification procedures. Extends through FY 2003 the STP obligation authority with respect to such urbanized areas. (Sec. 205) Increases from $300,000 to $500,000 the funds required to be expended by the Secretary to carry out a public information program aimed at preventing and reducing motor vehicle accidents, injuries, and fatalities, and improving driver performance, at railway-highway crossings. Repeals current set-asides for IS and NHS discretionary programs. (Sec. 206) Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Title III: Reduction of Regulation - Directs the Secretary to carry out a periodic review of all significant DOT rules to determine which should be amended, rescinded, or continued without change. Requires publication of a plan for such review. (Sec. 302) States that any decision by the Secretary concerning a State transportation plan or program shall not be considered a Federal action subject to review under the National Environmental Policy Act of 1969. (Sec. 303) Removes the requirement that, after September 30, 2000, a State must use or plan to use metric system designations as part of a Federal-aid highway project. Title IV: Effective Date; Transition Rules - Makes this Act effective on the date of enactment and applicable only to funds authorized to be appropriated or made available after September 30, 1997, except as otherwise specified. Provides for State transfers of unobligated funds apportioned to the State before October 1, 1997.
Bill· HRH.R. 2341 (105th)open
United States · United States Congress · 31 July 1997
Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997 - Declares that it is U.S. policy to establish a MAGLEV transportation technology system (i.e., transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) operating along Federal-aid highway and other rights-of-way as part of a national transportation system. Amends Federal transportation law to direct the Secretary of Transportation to: (1) establish a High-Speed Ground Transportation Office in the Federal Railroad Administration to coordinate and administer all authorized high-speed rail and MAGLEV programs, to make available financial assistance to provide the Federal share of full project costs of eligible projects selected, and to otherwise carry out this Act; and (2) solicit applications from States, or authorities designated by one or more States, for financial assistance authorized for planning, design, and construction of eligible MAGLEV projects. Sets forth provisions regarding the Federal share, authorized uses of assistance, and project eligibility. Directs the Secretary to establish criteria for selecting eligible projects, evaluate the projects, and select projects to receive financial assistance. Authorizes the Secretary to provide funding for a project even if high-speed rail technologies in addition to MAGLEV are still being evaluated for the project under specified circumstances where a State law directs a State entity to prepare a plan to construct and operate a high-speed rail system. Sets forth provisions regarding joint ventures. Directs the Secretary to conduct research regarding the quantification of benefits derived from the implementation of MAGLEV technology, MAGLEV safety, and the development of domestic MAGLEV technologies and technologies associated with MAGLEV infrastructure. Sets forth reporting requirements. Authorizes appropriations from the Highway Trust Fund to carry out this Act. Specifies that, for the purpose of obtaining tax-exempt bond financing under the Internal Revenue Code, a MAGLEV facility shall be considered to be a high-speed intercity rail facility with an average speed greater than 150 miles per hour.
Bill· HRH.R. 2328 (105th)referred
United States · United States Congress · 31 July 1997
Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either: (1) reduce emissions of ozone or its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Directs States which cause or significantly contribute to violations of such standards (upwind States) in another State (downwind area) to revise plan provisions for interstate pollution abatement to meet the requirements described above. Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area or State, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations. Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area or State. Provides for amendments to maintenance plans in upwind areas and States that cause or significantly contribute to violations of such standards in downwind areas or States to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas. Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas. Prohibits any relaxation or rescission of such measures as long as an upwind area or State contributes to such violations in a downwind area.
Bill· HRH.R. 2330 (105th)referred
United States · United States Congress · 31 July 1997
Transportation Infrastructure Credit Act of 1997 - Authorizes the Secretary of Transportation to enter into agreements with one or more obligors to make direct and guaranteed loans and lines of credit to States to finance eligible surface transportation projects (including the refinancing of interim construction financing of such project costs). Sets forth certain requirements and eligibility criteria for such assistance. Authorizes the Secretary to establish a pilot program to encourage public-private partnerships and facilitate infrastructure development by entering into agreements with one or more insureds to provide insurance for preconstruction costs associated with such projects. Requires the State in which a project receiving assistance is located to identify a local servicer to act as the Secretary's agent in servicing the direct loan or insurance provided. Amends Federal transportation law to make it the Secretary's duty to develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. Directs the Secretary to establish within the Office of the Secretary an Office of Infrastructure Finance, headed by a Director who shall be responsible for: (1) carrying out certain responsibilities of the Secretary; (2) carrying out research on financing transportation infrastructure; and (3) providing technical assistance to Federal, State, and local government agencies and officials to facilitate the development and use of alternative techniques for financing transportation infrastructure.
Bill· SS. 1089 (105th)open
United States · United States Congress · 30 July 1997
Aircraft Repair Station Safety Act of 1997 - Terminates the effectiveness of certain November 22, 1988, amendments to the foreign repair station rules of the Federal Aviation Administration (FAA). Declares that certain standards issued by the FAA for domestic repair stations shall apply in the same manner to foreign repair stations. Amends Federal aviation safety law to require the FAA Administrator to issue an order revoking an air agency certificate for a repair station if the Administrator finds that that any station owner or personnel knowingly used an uncertified or substandard airframe, engine, propeller, appliance, or any other part in the repair or overhaul of an aircraft.
Bill· SS. 1090 (105th)referred
United States · United States Congress · 30 July 1997
Authorizes each State that issues licenses to commercial motor vehicle operators to waive any requirement to obtain such a license for operators of custom harvesting farm machinery or employees of farm-related service industries (or both) that would otherwise apply.
Bill· SS. 1091 (105th)referred
United States · United States Congress · 30 July 1997
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for FY 1998 through 2003 for maintenance of Indian reservation school roads. Amends Federal highway law to define Indian reservation school road as a public road that is: (1) within, adjacent to, or provides access to an Indian reservation (including associated trust land and restricted Indian land) having a land area of ten million acres or more; and (2) used by a school bus to transport children to or from a school or Headstart program. Includes such a road in the Federal lands highway program so that it can be treated under the same uniform policies as roads which are on the Federal-aid system. Requires funds available for Indian reservation school roads to be used by the Secretary of Transportation to pay for their maintenance cost in accordance with this Act. Allows a State or county with such roads on its maintenance system to apply for funding from the Secretary for the roads' maintenance, which the Secretary may grant if the Secretary determines that such funding from other sources is not sufficient to provide maintenance that ensures the safety and welfare of children being transported in a school bus to and from a school or Headstart program. Requires all maintenance work funded under this Act to be performed by: (1) contract awarded by competitive bidding; or (2) a State or county that the Secretary has determined has the ability to administer efficiently funds granted for such maintenance. Directs the Secretary to ensure that funding made available under this Act for Indian reservation school roads' maintenance for each fiscal year is supplementary to and not in lieu of any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.
Bill· SS. 1087 (105th)referred
United States · United States Congress · 30 July 1997
Older Industrial Region Rail and Port Access and Modernization Act - Establishes a program of grants by the Secretary of Transportation to applicant older industrial States (Vermont, Maine, and New Hampshire) for assistance in carrying out one or more transportation projects for: (1) connecting all railroads to ports and ensuring that double-stack rail cars can travel freely throughout such States; (2) enlarging tunnels and embankments and removing, repairing, or replacing bridges or other obstructions that inhibit the free movement of freight or passenger rail cars and the use of double-stack rail cars; (3) repairing, upgrading, and purchasing railbeds and tracks, including improving track safety; and (4) constructing, operating, and maintaining train maintenance facilities and facilities for the transfer of goods and individuals between other transportation modes, including intermodal truck-train transfer facilities, passenger rail stations, and bulk fuel transfer facilities. Sets the Federal share of such projects, which the grants represent, at 80 percent. Establishes in the Treasury the Older Industrial Rail Modernization and Port Access Fund to carry out this Act. Authorizes appropriations. Directs the Secretary to issue obligations to the Secretary of the Treasury to pay guaranteed loans for rail projects in an older industrial State. Limits the aggregate unpaid principal amount of such obligations at $50 million for any fiscal year. Authorizes appropriations.
Bill· SS. 1085 (105th)open
United States · United States Congress · 29 July 1997
Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997 - Amends Federal law to revise provisions regarding motorized portage in the Boundary Waters Canoe Area Wilderness, Minnesota. Provides that nothing shall prevent the operation of a motorized vehicle and associated equipment necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. Prohibits such vehicles from exceeding the dimensions of a three-quarter ton pickup truck and requires them to be clean-emission and energy efficient. Requires the Secretary of Agriculture to terminate special use permits for tow boats in Basswood or South Farm Lakes. Increases the number of motorboat permits for September on Basswood Lake to take into account the removal of tow boats. Requires the costs of operating motorized vehicles to be borne by a concessionaire without government subsidies. Makes provisions regarding motorized portage ineffective if there is no operation of such vehicles for a significant part of the ice-free season for three consecutive years. Adds lands to the Wilderness. Prohibits the use of motorboats on Canoe Lake in Cook County. Requires the Secretary to make funds available annually to the Minnesota Department of Natural Resources for activities such as campsite restoration, trail and campsite maintenance, law enforcement, management plan monitoring, and user education. Makes a specified executive order regarding an airspace reservation applicable to lands added to the Wilderness under this Act. Authorizes appropriations.
Bill· HRH.R. 2282 (105th)open
United States · United States Congress · 29 July 1997
Amends Federal aviation law to require the Secretary of Transportation, subject to the President's approval, to limit or deny the operating rights of a foreign carrier to carry cargo in all-cargo configured aircraft between the United States and a third country when it is determined that: (1) the government, an aeronautical authority, or a foreign air carrier has limited or denied, in violation of an air services agreement between the United States and the foreign country, the operating rights of an air carrier to carry cargo in all-cargo configured aircraft between the foreign country and the third country; and (2) limiting or denying such operating rights is consistent with the public interest and the international aviation policy of the United States.
Law· HRH.R. 2267 (105th)referred
United States · United States Congress · 25 July 1997
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies. Title I: Department of Justice - Makes appropriations for the Department of Justice for: (1) general administration; (2) counterterrorism activities; (3) administration of pardon and clemency petitions and immigration-related activities; (4) specified violent crime reduction programs; (5) the Office of Inspector General; (6) the U.S. Parole Commission; (7) legal activities; (8) deportation of certain denied asylum applicants; (9) antitrust activities; (10) the Office of U.S. Attorneys; (11) the U.S. Trustee Program; (12) the Foreign Claims Settlement Commission; (13) the U.S. Marshals Service; (14) fees and expenses of witnesses; (15) the Community Relations Service; (16) certain uses of the Assets Forfeiture Fund; (17) administrative expenses related to the Radiation Exposure Compensation Act; (18) the Radiation Exposure Compensation Trust Fund; (19) interagency law enforcement with respect to organized crime drug trafficking; (20) the Federal Bureau of Investigation; (21) the Telecommunications Carrier Compliance Fund; (22) construction for specified agencies; (23) the Drug Enforcement Administration; (24) the Immigration and Naturalization Service; (25) the Federal prison system, including amounts for substance abuse treatment in Federal prisons and for buildings and facilities; (26) Office of Justice programs; (27) State and local law enforcement assistance; (28) the Executive Office for Weed and Seed; (29) juvenile justice programs; and (30) public safety officers' benefits. Sets forth authorized uses of, and limitations on, such funds. (Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion. (Sec. 109) Amends the Victims of Crime Act of 1984 to eliminate provisions that make the Crime Victims Fund available for judicial branch administrative costs. Authorizes the use of unobligated sums for such costs by the Director of the Office for Victims of Crime to improve services for the benefit of crime victims. Title II: Department of Commerce and Related Agencies - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) export administration and national security activities; (4) the Economic Development Administration; (5) minority business development; (6) economic and statistical analysis programs; (7) the Census Bureau; (8) the National Telecommunications and Information Administration; (9) public broadcasting facilities, planning, and construction grants; (10) information infrastructure grants; (11) the Patent and Trademark Office; (12) the Under Secretary for Technology-Office of Technology Policy; (13) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership; (14) the National Oceanic and Atmospheric Administration (NOAA), including amounts for capital assets acquisition; (15) the Coastal Zone Management Fund; (16) the Fishermen's Contingency Fund; (17) the Foreign Fishing Observer Fund; (18) the fisheries finance program account; (19) general administration; and (20) the Office of Inspector General. Sets forth authorized uses of, and limitations on, such funds. Bars the use of funds appropriated for the decennial census for any activities related to sampling or other statistical procedures to make determinations of the population for purposes of the apportionment of Representatives. Makes additional funds available to conduct the census only upon the enactment of a law authorizing the methods by which the census shall be conducted in the year 2000 for purposes of apportionment. Rescinds a specified amount of funds for NOAA operations, research, and facilities. Title III: The Judiciary - Makes appropriations for: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) violent crime reduction programs; (6) defender services; (7) fees of jurors and commissioners; (8) court security; (9) the Administrative Office of the U.S. Courts; (10) the Federal Judicial Center; (11) the Judicial Officers' Retirement Fund; and (12) the U.S. Sentencing Commission. Sets forth authorized uses of, and limitations on, such funds. Title IV: Department of State and Related Agencies -Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the Asia Foundation; and (14) the Arms Control and Disarmament Agency. Appropriates funds for the U.S. Information Agency for: (1) international information programs; (2) information technology improvements; (3) educational and cultural exchanges; (4) the Eisenhower Exchange Fellowships, Incorporated; (5) the Israeli Arab Scholarship Program; (6) international broadcasting; (7) radio construction; and (8) the National Endowment for Democracy. Sets forth authorized uses of, and limitations on, such funds. (Sec. 403) Transfers specified funds for purposes of implementing the International Cooperative Administrative Support Services program. Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for operating-differential subsidies, maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Immigration Reform; (5) Commission on Security and Cooperation in Europe; (6) Equal Employment Opportunity Commission (EEOC); (7) Federal Communications Commission; (8) Federal Maritime Commission; (9) Federal Trade Commission; (10) Legal Services Corporation; (11) Marine Mammal Commission; (12) Securities and Exchange Commission; (13) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and the surety bond guarantees revolving fund; and (14) State Justice Institute. Sets forth authorized uses of, and limitations on, such funds. Title VI: General Provisions - Sets forth limitations on the use of funds under this Act. (Sec. 607) Sets forth Buy American provisions. (Sec. 608) Prohibits the use of funds made available in this Act to enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993. (Sec. 609) Prohibits funds appropriated by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding recovery of American remains, accounting for prisoners-of-war and individuals missing in action, and investigations in Laos. (Sec. 610) Prohibits the use of funds made available by this Act for any United Nations undertaking if: (1) such undertaking is a peacekeeping mission and will involve U.S. armed forces under the command of a foreign national; and (2) the President's military advisors have not submitted a recommendation that such involvement is in the national security interest and the President has not submitted such recommendation to the Congress. (Sec. 611) Prohibits the use of funds made available in this Act to provide specified personal comforts in the Federal prison system. (Sec. 616) Provides for reimbursement of legal expenses incurred by Members of Congress and individuals paid by the Clerk of the House of Representatives or the Secretary of the Senate in connection with Department of Justice prosecution related to performance of official duties if such Members or individuals are acquitted of charges, the charges are dismissed, or convictions are reversed on appeal.
Law· HRH.R. 2264 (105th)enacted
United States · United States Congress · 25 July 1997
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 1998 - Makes appropriations for the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration for salaries and expenses and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; and (15) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1998 - Makes appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) the Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Rescinds FY 1998 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 211) Authorizes the Secretary of Health and Human Services to provide for the relocation of the Gillis W. Long Hansen's Disease Center in Carville, Louisiana. Sets forth administrative provisions with respect to relocation of patients and separation of employees. (Sec. 212) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities. Title III: Department of Education - Department of Education Appropriations Act, 1998 - Makes appropriations for the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) literacy; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities; (11) vocational and adult education; (12) student financial assistance; (13) the Federal family education loan program account; (14) higher education; (15) Howard University; (16) college housing and academic facilities loans program; (17) the historically black college and university capital financing program account; (18) education research, statistics, and improvement; (19) libraries; (20) departmental management; (21) the Office for Civil Rights; and (22) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Requires the Secretary of Education, from funds appropriated under the Fund for the Improvement of Education, to make an award to the National Academy of Sciences to evaluate and report to specified congressional committees on certain items related to the Clinton Administration's proposed national tests in fourth grade reading and eighth grade math. Prohibits the Department of Education from administering any final version of such tests until such report is completed. Title IV: Related Agencies - Makes appropriations for the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 508) Prohibits the expenditure of funds appropriated under this Act for an abortion except when made known to the Federal entity to which funds are appropriated that such procedure is necessary to save the life of the mother or that the pregnancy is the result of rape or incest. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Amends the Social Security Act to increase fees required from States for Federal administration of State supplementary payments under the SSI program. Provides for the deposit of a portion of such fees into a special fund and authorizes appropriations from the fund for administrative expenses of the SSI program. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend certain voluntary separation incentive payments to Federal employees who separate before December 31, 1997 (currently, September 30, 1997).
Bill· SS. 1061 (105th)open
United States · United States Congress · 24 July 1997
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 1998 - Makes appropriations for the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration for salaries and expenses and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; and (15) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1998 - Makes appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Rescinds FY 1998 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title III: Department of Education - Department of Education Appropriations Act, 1998 - Makes appropriations for the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities; (10) vocational and adult education; (11) student financial assistance; (12) the Federal family education loan program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically black college and university capital financing program account; (17) education research, statistics, and improvement; (18) a child literacy initiative; (19) the Institute of Museum and Library Services; (20) departmental management; (21) the Office for Civil Rights; and (22) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. Title IV: Related Agencies - Makes appropriations for the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 508) Prohibits the expenditure of funds appropriated under this Act for an abortion except when made known to the Federal entity to which funds are appropriated that such procedure is necessary to save the life of the mother or that the pregnancy is the result of rape or incest. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Amends the Social Security Act to increase fees required from States for Federal administration of State supplementary payments under the SSI program. Provides for the deposit of a portion of such fees into a special fund and authorizes appropriations from the fund for administrative expenses of the SSI program. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend certain voluntary separation incentive payments to Federal employees who separate before December 31, 1997 (currently, September 30, 1997). (Sec. 516) Cancels a specified amount of budgetary resources available to agencies funded in this Act for salaries and expenses during FY 1998, to be allocated by the Office of Management and Budget. Makes this provision inapplicable to the Food and Drug Administration and the Indian Health Service.
Bill· HRH.R. 2247 (105th)open
United States · United States Congress · 24 July 1997
TABLE OF CONTENTS: Title I: Procurement Reforms Title II: Operational Reforms Title III: Collective Bargaining Reforms Title IV: Use of Railroad Facilities Title V: Financial Reforms Title VI: Miscellaneous Title VII: Authorization of Appropriations Amtrak Reform and Privatization Act of 1997 - Title I: Procurement Reforms - Amends Federal transportation law to revise provisions regarding the National Railroad Passenger Corporation (Amtrak) to urge Amtrak to use other rail carriers for performing work whenever it contracts out work normally performed by an employee of a bargaining unit covered by a contract between it and a labor organization. (Currently, Amtrak may not contract out such work if it results in the layoff of a bargaining unit employee.) Prohibits Amtrak from entering into a contract for the operation of trains with any entity other than a State or State authority. (Sec. 102) Prohibits Amtrak from submitting a bid for the performance of services under a contract for an amount less than the cost to it of performing such services (below-cost competition) with respect to any activity, except the provision of intercity rail passenger transportation, commuter rail passenger transportation, or mail or express transportation. Authorizes an aggrieved individual to commence a civil action in a U.S. district court for violations of such prohibition. Repeals general Amtrak authority to maintain and rehabilitate rail passenger equipment, and the mandate to maintain a regional maintenance plan including specified components. Authorizes Amtrak, with a specified exception, to enter into a contract with a motor carrier of passengers for the intercity transportation over regular routes only if certain requirements are met. (Sec. 104) Directs Amtrak to establish an outreach program to increase the likelihood of U.S. track work manufacturers to be able to meet Amtrak's specifications for track work. Requires Amtrak to report annually to the Congress on progress made with such program, including a statement of the percentage of Amtrak's track work contracts awarded to U.S. manufacturers. Title II: Operational Reforms - Repeals Amtrak's mandate: (1) to provide intercity rail passenger transportation within the basic system (unless such transportation is provided by specified others); and (2) to continue to carry out a specified plan to improve such transportation. (Sec. 201) Requires Amtrak to give 180 days' notice (currently, 90 days) of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons so that they will have an opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. Repeals Amtrak's mandates for: (1) cost and performance reviews of Amtrak routes in the basic system; and (2) provision of special commuter transportation. (Sec. 202) Repeals specified provisions regarding: (1) Amtrak's mandate to increase mail and express transportation revenues, and its authority to provide auto-ferry transportation; (2) route and service criteria with respect to route discontinuances and route additions; (3) additional qualifying routes; (4) certain requests to Amtrak by State, regional, or local authorities or other persons to provide rail passenger transportation or keep a train, route, or service that Amtrak intends to discontinue; and (5) authority for the Amtrak Commuter (thus abolishing it as an Amtrak subsidiary). Declares that State and local laws that impair the provision of mail, express, and auto-ferry transportation shall not apply to Amtrak or a rail carrier providing such services. (Sec. 206) Exempts from paying a tax or fee to the same extent that Amtrak is so exempt any commuter authority eligible to contract with Amtrak Commuter to provide commuter rail passenger transportation but which decided to provide its own beginning January 1, 1983. (Sec. 207) Repeals the requirement that rail freight and commuter rail passenger transportation over certain acquired property be provided under compensatory agreements with the responsible carriers. Requires Amtrak and other commuter rail carriers to an agreement for the provision of rail freight or commuter rail passenger transportation over certain rights-of-way and facilities on the Northeast Corridor to submit any disputes over terms of such agreement to binding arbitration. Encourages Amtrak to make agreements with the private sector and undertake initiatives that promote the potential privatization of its operations. (Sec. 208) Authorizes the Comptroller General to conduct financial audits of Amtrak activities. Declares that a State shall have access to Amtrak's records, accounts, and other necessary documents used to determine the amount of any State payment to Amtrak. Title III: Collective Bargaining Reforms - Deems to be served and effective 90 days after enactment of this Act any required notices with respect to all issues relating to: (1) Amtrak employee protective arrangements and severance benefits (including all provisions of Appendix C-2 to the National Railroad Passenger Corporation Agreement, signed July 5, 1973); and (2) contracting out by Amtrak of work normally performed by an employee in a bargaining unit covered by a contract between Amtrak and a labor organization representing the employees. (Sec. 301) Requires the National Mediation Board to complete all efforts with respect to such issues within 180 days after enactment of this Act. Authorizes parties to agree to submit such disputes to arbitration, making any resulting award retroactive to 180 days after enactment of this Act. (Sec. 302) Repeals certain requirements for fair and equitable employee protective arrangements in the event of a discontinuance of intercity rail passenger service. Extinguishes any provision of a contract between Amtrak and a labor organization relating to: (1) Amtrak employee protective arrangements and severance benefits (including all provisions of Appendix C-2 to the National Railroad Passenger Corporation Agreement, signed July 5, 1973); and (2) contracting out by Amtrak of work normally performed by an employee in a bargaining unit covered by a contract between Amtrak and a labor organization representing the employees. Amends the Northeast Rail Service Act of 1981 to authorize Conrail to furlough one train or engine service employee for each such employee who moves from Amtrak to Conrail in excess of the cumulative number of such employees who move from Conrail to Amtrak. Title IV: Use of Railroad Facilities - Limits to $250,000, or three times the amount of economic damages, the amount of punitive damages that can be awarded in a claim for personal injury, death, or damage to property in connection with the provision of rail passenger transportation. Limits noneconomic damages to $250,000 in excess of a claimant's economic loss. Title V: Financial Reforms - Urges Amtrak, in issuing stock, to include employee stock ownership plans. (Sec. 501) Requires Amtrak to redeem all previously issued common stock at the fair market value. Declares that Amtrak preferred stock held by the Secretary of Transportation shall confer no liquidation preference or voting rights. Repeals the Secretary's authority to obtain notes and mortgages from Amtrak in order to secure expenditures to acquire and improve designated Conrail rail property, and establish a Government mortgage lien on it, under the final system plan pursuant to the Regional Rail Reorganization Act of 1973. Relinquishes all U.S. rights in any such notes or mortgages entered into with Amtrak dated October 5, 1983. Declares that no amount shall be includible in Amtrak's gross income for Federal tax purposes as a result of the application of this section. (Sec. 502) Repeals current requirements governing Federal payments to Amtrak and provides, instead, that appropriated Federal operating assistance funds shall be provided to Amtrak upon appropriation when requested by Amtrak. (Sec. 503) Replaces the Board of Directors of Amtrak with the Emergency Reform Board. Grants the Board authority to recommend to the Congress a plan to implement the recommendations of the 1997 Working Group on Inter-City Rail regarding the transfer of Amtrak's infrastructure assets and responsibilities to a new separately governed corporation. (Sec. 506) Exempts Amtrak (and Amtrak subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority directly or indirectly on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by Amtrak or a rail carrier subsidiary of Amtrak, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities. Title VI: Miscellaneous - Establishes a Temporary Rail Advisory Council to: (1) evaluate Amtrak's performance; and (2) suggest strategies for further cost containment and productivity improvements, including strategies for further reduction in Federal operating subsidies and eventual privatization of Amtrak operations. (Sec. 604) Extends from October 15, 1996, to October 15, 2000, the deadline for retrofitting of certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 605) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) the rail safety system program; (3) a plan for demonstrating new technology in rail passenger equipment; and (4) a program master plan for a Boston-New York main line. (Sec. 609) Requires Amtrak to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. (Sec. 610) Declares that Amtrak, and facilities it jointly uses with a commuter authority, shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until January 1, 1998. (Sec. 612) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 614) Amends the Conrail Privatization Act to repeal a specified provision regarding composition of the Board of Directors of the Consolidated Rail Corporation. (Sec. 615) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high speed rail service, to enter into interstate compacts to promote such service. (Sec. 617) Directs the Secretary of Transportation to transfer title to certain magnetic levitation tract materials at the Transportation Technology Center near Pueblo, Colorado, to the State of Florida. (Sec. 618) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to declare that it is the purpose of the Congress to promote the revitalization of the railway system through, among other things, preservation of light density lines. Revises interest rate, repayment, and prepayment penalty requirements with respect to guaranteed railroad improvement loans. Title VII: Authorization of Appropriations - Amends Federal transportation law to authorize appropriations for Amtrak for: (1) capital expenditures, operating expenses, and certain additional amounts; and (2) guarantee of obligations to improve railroad facilities or equipment. Reduces the authorizations for capital expenditures and certain additional amounts for any fiscal year by any amount made available to Amtrak from an intercity passenger transportation trust fund for that fiscal year. (Sec. 701) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to prohibit the Secretary from requiring, as a condition for guarantee of an obligation, that all preexisting secured obligations of an obligor be subordinated to the Secretary's rights in the event of a default.
Bill· HRH.R. 2249 (105th)open
United States · United States Congress · 24 July 1997
Amends the Earthquake Hazards Reduction Act of 1977 to authorize appropriations for FY 1998 and 1999 to: (1) the Director of the Federal Emergency Management Agency (FEMA) to carry out the National Earthquake Hazards Reduction Program; and (2) the Secretary of the Interior for such responsibilities as may be assigned to the Director of the U.S. Geological Survey (USGS) under such Act, with specified funds earmarked for the Global Seismic Network and for carrying out a competitive, peer-reviewed program under which FEMA, in close coordination with and as a complement to related activities of the USGS, awards grants to, or enters into cooperative agreements with, State and local governments and persons or entities from the academic community and the private sector. Earmarks funds for responsibilities under such Act for FY 1998 and 1999 for: (1) the National Science Foundation (NSF) for engineering research and geosciences research; and (2) the National Institute of Standards and Technology (NIST). Requires the Director of USGS to: (1) conduct and report to the Congress on a program to develop a prototype real-time seismic warning system; and (2) provide for an assessment of and report to the Congress on regional seismic monitoring networks in the United States. Authorizes the Director of NSF to use funds made available under such Act to develop and make available to schools and local educational agencies for use by schools, at a minimal cost, earth science teaching materials that are designed to meet the needs of elementary and secondary school teachers and students. Requires the Director to conduct and report to the Congress on a project to improve the seismic hazard assessment of seismic zones. Requires the Director of FEMA to report to the Congress on the need for additional Federal disaster-response training capabilities that are applicable to earthquake response. Requires NSF, FEMA, USGS, and NIST to jointly develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories, upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.
Bill· SS. 1056 (105th)referred
United States · United States Congress · 23 July 1997
Declares that no final rule that prohibits States from granting exceptions for not-for-hire intrastate transportation farmers and farm-related service industries shall take effect before October 1, 1999, or until authorization of appropriations for FY 1998 to carry out chapter 51 of title 49, United States Code (relating to transportation of hazardous materials).
Bill· SS. 1055 (105th)referred
United States · United States Congress · 23 July 1997
Interstate System Improvement Act of 1997 - Amends Federal highway law to revise provisions setting aside funds for FY 1992 through 1997 for obligation by the Secretary of Transportation for projects to resurface, restore, rehabilitate, and reconstruct certain routes or portions thereof on the Interstate System (4R projects) to: (1) set aside $800 million each fiscal year for such purpose; (2) delete provisions denying eligibility for such funds to highways on the Federal-aid primary system that the Secretary designates as part of the Interstate System on the affirmative recommendation of the States involved; and (3) delete provisions earmarking specified set aside funds for improvements on the Kennedy Expressway in Chicago, Illinois, for FY 1992 though 1994.
Bill· HRH.R. 2213 (105th)referred
United States · United States Congress · 22 July 1997
TABLE OF CONTENTS: Title I: Demand for Quality Child Care Subtitle A: Tax Benefits for Quality Child Care Subtitle B: Child Care Quality Improvement Incentive Program Subtitle C: Distribution of Information About Quality Child Care Subtitle D: Quality Child Care Through Federal Facilities and Programs Subtitle E: Miscellaneous Provisions Creating Improved Delivery of Child Care: Affordable, Reliable, and Educational Act - CIDCARE Act - Title I: Demand for Quality Child Care - Amends the Internal Revenue Code to modify the amount of the dependent care tax credit. Defines "accredited child care center," "child care credentialing or accreditation entity," and "credentialed child care professional." Makes the credit refundable for taxpayers eligible for the earned income credit. Requires an employer to make advance payments (with wage withholding payments) of dependent care amounts. (Sec. 102) Increases the dollar limits on the exclusion from employee gross income of employer payments for dependent care assistance. Includes in the definition of "dependent care assistance" payments to the employee from amounts contributed to the employee's account during the pregnancy paid within one year after contribution and while the employee, the employee's spouse, or one of their parents stays at home to care for a qualifying individual. Requires the Office of Personnel Management to establish and maintain a dependent care assistance program for employees. (Sec. 103) Amends the Social Security Act to require States to have laws requiring that child support orders enforced under certain provisions include an amount for child care services. Title II: Supply of Quality Child Care - Subtitle A: Tax Benefits for Quality Child Care - Amends the Internal Revenue Code to allow a business credit for 50 percent (with a dollar limit) of qualified child care expenses, including the acquisition, construction, rehabilitation, or expansion of property, operating costs, services contracts, and accreditation costs. Terminates the credit after 1999. (Sec. 202) Applies provisions relating to corporate charitable contributions of scientific property used for research to include contributions to: (1) accredited or certified child care centers or their support entities; (2) educational organizations; (3) certain governmental units; and (4) certain scientific research organizations. Allows the donor to repair and refurbish the property. (Sec. 203) Excludes the deduction for the accreditation and credentialing expenses for child care providers from the two-percent floor on miscellaneous itemized deductions. (Sec. 204) Allows for the care of a dependent in a home office without loss of the home office deduction. Subtitle B: Child Care Quality Improvement Incentive Program - Establishes a program of competitive grants to States to improve child care quality. Requires recipient States to: (1) establish a subsidy for certified child care providers; (2) establish a grant program to assist small businesses in operating child care programs; and (3) carry out one or more of seven specified activities. Authorizes appropriations. Subtitle C: Distribution of Information About Quality Child Care - Requires technical assistance and the collection and dissemination of information concerning the importance of high quality child care. Mandates competitive grants to certain child care credentialing or accreditation entities, with the grants used to refine and evaluate the entities' procedures. Authorizes appropriations. (Sec. 222) Mandates a grant to an eligible organization to develop and operate a technology-based child care training infrastructure in order to facilitate accreditation, credentialing, and information dissemination. Regulates grantee fund use. Authorizes appropriations. (Sec. 223) Requires that grantee to establish and operate a child care training revolving fund to make loans to enable the purchase of equipment used to disseminate training through the infrastructure. Subtitle D: Quality Child Care Through Federal Facilities and Programs - Mandates regulations: (1) requiring any child care center in an executive, legislative, or judicial facility to comply with State and local licensing requirements; and (2) specifying accreditation standards and requiring any such center to comply. Provides for enforcement. Authorizes appropriations. (Sec. 232) Requires the Corporation for National and Community Service and the Departments of Education, Housing and Urban Development, Justice, and Labor to ensure that any child care made available under any Federal financial assistance carried out by those agencies be provided by an accredited child care center or a credentialed child care professional. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to impose similar requirements on child care services made available under certain provisions. (Sec. 233) Amends the Housing and Community Development Act of 1974 to include the establishment of accredited child care centers in activities permitted to be assisted under community development provisions. Subtitle E: Miscellaneous Provisions - Amends the Higher Education Act of 1965 to allow loan repayments or cancellation for individuals employed providing child care services who have a certificate or degree in early childhood education or development. (Sec. 242) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require that each State case registry record include the custodial status of any child covered by the order involved. Requires that the Secretary of the Treasury have access to: (1) the National Directory of New Hires to verify information that is required on a tax return (currently, to verify a claim regarding employment in a tax return); and (2) the Federal Case Registry of Child Support Orders to administer Internal Revenue Code provisions granting tax benefits based on support and residence provided dependent children. Limits the minimum past due support to which offset procedures may be applied to not more than $150. Sets the withholding threshold at $150 (currently, $500).
Bill· HRH.R. 2205 (105th)open
United States · United States Congress · 22 July 1997
TABLE OF CONTENTS: Title I: Procurement Reforms Title II: Operational Reforms Title III: Financial Reforms Title IV: Miscellaneous Title V: Authorization of Appropriations Amtrak Reform and Privatization Act of 1997 - Title I: Procurement Reforms - Amends Federal transportation law to prohibit Amtrak from submitting a bid for the performance of services under a contract for an amount less than the cost to it of performing such services (below-cost competition) with respect to any activity, except the provision of intercity rail passenger transportation, commuter rail passenger transportation, or mail or express transportation. Authorizes an aggrieved individual to commence a civil action in a U.S. district court for violations of such prohibition. (Sec. 101) Repeals general Amtrak authority to maintain and rehabilitate rail passenger equipment, and the mandate to maintain a regional maintenance plan including specified components. Authorizes Amtrak, with a specified exception, to enter into a contract with a motor carrier of passengers for the intercity transportation over regular routes only if certain requirements are met. (Sec. 103) Directs Amtrak to establish an outreach program to increase the likelihood of U.S. track work manufacturers to be able to meet Amtrak's specifications for track work. Requires Amtrak to report annually to the Congress on progress made with such program, including a statement of the percentage of Amtrak's track work contracts awarded to U.S. manufacturers. Title II: Operational Reforms - Repeals Amtrak's mandate: (1) to provide intercity rail passenger transportation within the basic system (unless such transportation is provided by specified others); and (2) to continue to carry out a specified plan to improve such transportation. (Sec. 201) Requires Amtrak to give 180 days' notice (currently, 90 days) of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons so that they will have an opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. Repeals Amtrak's mandates for: (1) cost and performance reviews of Amtrak routes in the basic system; and (2) provision of special commuter transportation. (Sec. 202) Repeals specified provisions regarding: (1) Amtrak's mandate to increase mail and express transportation revenues, and its authority to provide auto-ferry transportation; (2) route and service criteria with respect to route discontinuances and route additions; (3) additional qualifying routes; (4) certain requests to Amtrak by State, regional, or local authorities or other persons to provide rail passenger transportation or keep a train, route, or service that Amtrak intends to discontinue; and (5) authority for the Amtrak Commuter (thus abolishing it as an Amtrak subsidiary). Declares that State and local laws that impair the provision of mail, express, and auto-ferry transportation shall not apply to Amtrak or a rail carrier providing such services. (Sec. 206) Exempts from paying a tax or fee to the same extent that Amtrak is so exempt any commuter authority eligible to contract with Amtrak Commuter to provide commuter rail passenger transportation but which decided to provide its own beginning January 1, 1983. (Sec. 207) Repeals the requirement that rail freight and commuter rail passenger transportation over certain acquired property be provided under compensatory agreements with the responsible carriers. Requires Amtrak and other commuter rail carriers to an agreement for the provision of rail freight or commuter rail passenger transportation over certain rights-of-way and facilities on the Northeast Corridor to submit any disputes over terms of such agreement to binding arbitration. Encourages Amtrak to make agreements with the private sector and undertake initiatives that promote the potential privatization of its operations. (Sec. 208) Authorizes the Comptroller General to conduct financial audits of Amtrak activities. Declares that a State shall have access to Amtrak's records, accounts, and other necessary documents used to determine the amount of any State payment to Amtrak. Title III: Financial Reforms - Urges Amtrak, in issuing stock, to include employee stock ownership plans. (Sec. 301) Requires Amtrak to redeem all previously issued common stock at the fair market value. Declares that Amtrak preferred stock held by the Secretary of Transportation shall confer no liquidation preference or voting rights. Repeals the Secretary's authority to obtain notes and mortgages from Amtrak in order to secure expenditures to acquire and improve designated Conrail rail property, and establish a Government mortgage lien on it, under the final system plan pursuant to the Regional Rail Reorganization Act of 1973. Relinquishes all U.S. rights in any such notes or mortgages entered into with Amtrak dated October 5, 1983. Declares that no amount shall be includible in Amtrak's gross income for Federal tax purposes as a result of the application of this section. (Sec. 302) Repeals current requirements governing Federal payments to Amtrak and provides, instead, that appropriated Federal operating assistance funds shall be provided to Amtrak upon appropriation when requested by Amtrak. (Sec. 303) Replaces the Board of Directors of Amtrak with the Emergency Reform Board. (Sec. 306) Exempts Amtrak (and Amtrak subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority directly or indirectly on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by Amtrak or a rail carrier subsidiary of Amtrak, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities. Title IV: Miscellaneous - Establishes a Temporary Rail Advisory Council to: (1) evaluate Amtrak's performance; and (2) suggest strategies for further cost containment and productivity improvements, including strategies for further reduction in Federal operating subsidies and eventual privatization of Amtrak operations. (Sec. 404) Extends from October 15, 1996, to October 15, 2000, the deadline for retrofitting of certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 405) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) the rail safety system program; (3) a plan for demonstrating new technology in rail passenger equipment; and (4) a program master plan for a Boston-New York main line. (Sec. 409) Requires Amtrak to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. (Sec. 410) Declares that Amtrak, and facilities it jointly uses with a commuter authority, shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until January 1, 1998. (Sec. 412) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 414) Amends the Conrail Privatization Act to repeal a specified provision regarding composition of the Board of Directors of the Consolidated Rail Corporation. (Sec. 415) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high speed rail service, to enter into interstate compacts to promote such service. (Sec. 417) Directs the Secretary of Transportation to transfer title to certain magnetic levitation tract materials at the Transportation Technology Center near Pueblo, Colorado, to the State of Florida. (Sec. 418) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to declare that it is the purpose of the Congress to promote the revitalization of the railway system through, among other things, preservation of light density lines. Revises interest rate, repayment, and prepayment penalty requirements with respect to guaranteed railroad improvement loans. Title V: Authorization of Appropriations - Amends Federal transportation law to authorize appropriations for Amtrak for: (1) capital expenditures, operating expenses, and certain additional amounts; and (2) guarantee of obligations to improve railroad facilities or equipment. Reduces the authorizations for capital expenditures and certain additional amounts for any fiscal year by any amount made available to Amtrak from an intercity passenger transportation trust fund for that fiscal year. (Sec. 501) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to prohibit the Secretary from requiring, as a condition for guarantee of an obligation, that all preexisting secured obligations of an obligor be subordinated to the Secretary's rights in the event of a default.
Bill· SS. 1041 (105th)referred
United States · United States Congress · 21 July 1997
Accessible Transportation Act of 1997 - Amends Federal transportation law to reauthorize and increase appropriations from the Mass Transit Account of the Highway Trust Fund for FY 1998 through 2002 to help mass transportation providers comply with the Americans with Disabilities Act of 1990.
Bill· SS. 1039 (105th)referred
United States · United States Congress · 21 July 1997
Designates a certain area as the New Mexico Commercial Zone. Exempts the transportation of certain passengers or property within the zone from the jurisdiction of the Secretary of Transportation or the Surface Transportation Board.
Law· HRH.R. 2204 (105th)enacted
United States · United States Congress · 21 July 1997
TABLE OF CONTENTS: Title I: Authorization Title II: Coast Guard Management Title III: Marine Safety Title IV: Miscellaneous Coast Guard Authorization Act of 1997 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges constituting obstructions to navigation and for personnel and administrative costs associated with the Bridge Alteration Program; and (6) environmental compliance and restoration at Coast Guard facilities. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Coast Guard Management - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. (Sec. 202) Authorizes honorary recognition of individuals and organizations, including State and local governments and commercial and nonprofit organizations, that significantly contribute to Coast Guard programs, missions, or operations by awarding plaques, medals, and similar items. Title III: Marine Safety - Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. (Sec. 302) Amends Federal law relating to the operation of vessels to impose civil monetary penalties for interfering with the safe operation of a vessel. Title IV: Miscellaneous - Removes a requirement that, in order to be eligible for documentation, a vessel must not be titled in a State. Declares that a documented vessel shall not be titled or required to display numbers (under provisions relating to numbering undocumented vessels) by a State and requires surrender of any State title certificate issued for a documented vessel (but only if the mortgagee consents to the surrender). Allows any indebtedness that is subject to a mortgage granting a security interest perfected under State law covering a vessel titled in a State to have any rate of interest agreed to by the parties. Modifies the actions a mortgagee may take on preferred mortgage default. (Sec. 402) Deems land and improvements comprising the Coast Guard Reserve training facility in Jacksonville, Florida, to be surplus property and mandates its disposal at fair market value, giving the city of Jacksonville the right of first refusal. (Sec. 403) Authorizes issuance of documentation for 13 specified vessels. Deems a certain corporation to be a citizen of the United States for purposes of owning corporations whose vessels are eligible for documentation, provided specified requirements are met. (Sec. 404) Authorizes the conveyance, without consideration, of the U.S. Coast Guard Recreation Facility Nahant, Massachusetts, to the town of Nahant, Massachusetts. (Sec. 405) Deems the lift bridge over the back channel of the Schuylkill River in Philadelphia, Pennsylvania, to unreasonably obstruct navigation for purposes of the Act popularly known as the "Hobbs Bridge Act" and the "Truman-Hobbs Bridge Act" (relating to the alteration of bridges over U.S. navigable waters). (Sec. 406) Amends the Oil Pollution Act of 1990 to modify provisions relating to limits on vessel liability. (Sec. 407) Authorizes the conveyance to the University of Jacksonville, Florida, without consideration, of the Long Branch Rear Range Light, Jacksonville, Florida. (Sec. 408) Prohibits a vessel from transporting cargoes sponsored by the Government for one year after the vessel has been (or after the vessel's owner has had more than one vessel) detained for violation of an international safety convention.
Bill· SS. 1034 (105th)open
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Department of Veterans Affairs Title II: Department of Housing and Urban Development Title III: Independent Agencies Title IV: General Provisions Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Veterans Affairs and Housing and Urban Development and for sundry independent agencies. Title I: Department of Veterans Affairs - Makes appropriations for the Department of Veterans Affairs for: (1) veterans' compensation, pensions, and readjustment benefits; (2) veterans' insurance and indemnities; (3) veterans' housing, education, and vocational rehabilitation loan accounts; (4) veterans' medical care; (5) medical and prosthetic research; (6) medical administration; (7) the General Post Fund, national homes; (8) departmental administration; (9) the National Cemetery System; (10) the Office of Inspector General; (11) construction; (12) the parking revolving fund; and (13) grants to States for construction of extended care facilities and cemeteries. Prohibits the obligation of funds provided under previous legislation for a replacement hospital at Travis Air Force Base in Fairfield, California, and makes such funds available to implement capital facility recommendations contained in a report regarding veterans' health care needs in northern California. Sets forth authorized uses of, and limitations on, funds made available under this title. Title II: Department of Housing and Urban Development - Makes appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) the Public Housing Capital and Operating Funds; (3) drug elimination grants for low-income housing; (4) revitalization of severely distressed public housing; (5) Native American housing block grants; (6) Indian housing loan guarantees; (7) housing opportunities for persons with AIDS; (8) community development block grants; (9) the HOME investment partnerships program; (10) homeless assistance grants; (11) housing for special populations; (12) the Federal Housing Administration; (13) the Government National Mortgage Association; (14) housing policy development and research; (15) fair housing activities; (16) management and administration; (17) the Office of Inspector General; and (18) carrying out the Federal Housing Enterprise Financial Safety and Soundness Act of 1992. Sets forth provisions regarding the Capital Grants - Capital Loans Preservation Account and makes certain excess amounts recaptured from interest reduction payment contracts available for properties eligible for assistance under the Low-Income Housing Preservation and Resident Homeownership Act of 1990 or the Emergency Low Income Housing Preservation Act of 1987. Rescinds specified amounts for: (1) the Supportive Housing Demonstration Program; (2) the Shelter Plus Care program; and (3) rental housing assistance. Sets forth authorized uses of, and limitations on, funds made available under this title. (Sec. 201) Extends certain provisions regarding contributions for low-income housing projects and the demolition, disposition, or conversion to home ownership of public housing. Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend provisions regarding the streamlining of Section 8 tenant-based assistance. Amends the United States Housing Act of 1937 to extend provisions regarding Section 8 rent adjustments. Amends the Balanced Budget Downpayment Act, I to extend provisions regarding delays in the reissuance of Section 8 vouchers and certificates. (Sec. 210) Amends the National Housing Act to authorize HUD to make partial guaranteed mortgage loan payments for health care facilities. (Sec. 211) Amends the Housing and Community Development Act of 1992 to extend the Secretary of HUD's authority to enter into certain risk-sharing agreements to determine Federal credit enhancements for loans for affordable multifamily housing. Increases the number of units to which those agreements may apply in FY 1998. (Sec. 213) Incorporates the Multifamily Assisted Housing Reform and Affordability Act of 1997 (title II of S. 947, the Balanced Budget Act of 1997, as passed by the Senate) into this Act by reference. Title III: Independent Agencies - Makes appropriations for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Consumer Product Safety Commission; (4) the Corporation for National and Community Service; (5) the Office of Inspector General; (6) the Court of Veterans Appeals; and (7) the Department of Defense for Army cemeterial expenses. Appropriates funds for the Environmental Protection Agency (EPA) for: (1) science and technology activities; (2) environmental programs and management; (3) the Office of Inspector General; (4) buildings and facilities; (5) Superfund; (6) the leaking underground storage tank program; (7) oil spill response programs; and (8) assistance to States and Indian tribes for environmental programs and infrastructure. Makes the Working Capital Fund available to EPA for maintenance and operation of administrative services without fiscal year limitation. Appropriates funds for: (1) the Executive Office of the President for the Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; and (2) the Federal Deposit Insurance Corporation Office of Inspector General. Makes appropriations for the Federal Emergency Management Agency (FEMA) for: (1) disaster relief; (2) disaster assistance direct loans; (3) salaries and expenses; (4) the Office of Inspector General; (5) emergency management planning and assistance; (6) a specified emergency food and shelter program; and (7) the National Flood Insurance Fund. Requires the Director of FEMA to promulgate a methodology for collection of fees applicable to persons subject to FEMA's radiological emergency preparedness regulations. Permits collection of such fees only during FY 1998. Makes appropriations for: (1) the General Services Administration for the Consumer Information Center; (2) the National Aeronautics and Space Administration for human space flight, science, aeronautics, and technology research and development, mission support, and the Office of Inspector General; (3) the National Credit Union Administration's Central Liquidity Facility; (4) the National Science Foundation for research, major construction projects, science and engineering education and human resources programs, salaries and expenses, and the Office of Inspector General; (5) the Neighborhood Reinvestment Corporation; and (6) the Selective Service System. Sets forth authorized uses of, and limitations on, such funds. Title IV: General Provisions - Sets forth provisions regarding availability, and prohibitions on the use, of funds appropriated by this Act. (Sec. 415) Expresses the sense of the Congress that all equipment and products purchased with funds made available in this Act should be American-made. (Sec. 417) Requires amounts necessary for FY 1998 pay raises for programs funded by this Act to be within levels appropriated. (Sec. 419) Authorizes certain corporations and agencies of HUD to make commitments without regard to fiscal year limitations as necessary to carry out provisions under the Government Corporation Control Act. Allows any collections by such corporations and agencies to be used for new loan or mortgage purchase commitments to the extent provided under this Act, with specified exceptions. (Sec. 421) Makes funds to carry out the termination of the Office of Consumer Affairs available from those appropriated to the Department of Health and Human Services for FY 1998.