United States · Law · HR
H.R. 2950 (102nd)
Intermodal Surface Transportation Efficiency Act of 1991
Introduced
18 July 1991
Last action
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Status
Became Public Law No: 102-240.
Sponsors
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Subjects
Discovery layer
Source updated
7 February 2024
Summary
Intermodal Surface Transportation Infrastructure Act of 1991 - Declares that: (1) it is a goal of the United States to develop a national intermodal transportation (IT) system that moves people and goods in an energy efficient manner; and (2) the nation's future economic direction is dependent on its ability to confront directly the challenges of the global economy, declining productivity growth, energy vulnerability, air pollution, and the need to rebuild the nation's infrastructure. Title I: Federal-Aid Highways - Declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways (Interstate System - IS) made by this Act are the final authorizations of appropriations and apportionments for completion of construction of the IS. Directs the Secretary of Transportation to apportion for all States (other than Massachusetts) for FY 1993 specified sums authorized for such year by the Federal-Aid Highway Act of 1956 for expenditure on the IS, based on the apportionment factors contained in Committee Print 102-10 of the House Committee on Public Works and Transportation. Extends specified apportionments for the IS through FY 1997. Authorizes appropriations. Sets forth provisions with respect to: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1992 through 1996, with exceptions; and (2) the distribution of, limitation on, and redistribution of unused, obligation authority. Authorizes appropriations from the Highway Trust Fund (HTF) for: (1) the State flexible program; (2) the National Highway System (NHS); (3) the urban mobility system (UMS); (4) the rural mobility system (RMS); (5) the combined highway safety improvement program; (6) the bridge program; (7) Indian reservation roads; (8) forest highways; (9) public lands highways; (10) parkways and park highways; (11) Federal Highway Administration (FHWA) safety programs; and (12) FHWA safety research and development programs. Requires: (1) that not less than ten percent of the amounts authorized to be appropriated under titles I and III of this Act be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals, with exceptions; (2) each State to annually survey and compile a list of disadvantaged business enterprises and the location of such concerns in the State, and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals other than women, and by individuals who are women and also otherwise socially and economically disadvantaged individuals; and (3) the Secretary to establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies as a disadvantaged business enterprise. Specifies that: (1) with respect to highway, safety, and motor carrier budget authority, $5,200,000,000 provided in each of FY 1992 through 1995, and $5,600,000,000 in FY 1996, shall be attributed to estimated revenues resulting from four cents of a five-cent increase in the gas tax effective FY 1992, as provided in this Act; (2) with respect to transit budget authority, $1,300,000,000 provided in each of FY 1992 through 1995, and $1,400,000,000 in FY 1996, shall be attributed to estimated revenues resulting from one cent of such gas tax increase; and (3) excess budget amounts and accompanying outlays shall be considered direct spending for pay-as-you-go and deficit control purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Prohibits the use of excess revenues for other purposes. Sets forth additional provisions with respect to the apportionment of funds and the designation and use of pay-as-you-go funds. Restructures the Federal-aid highway program by reorganizing it into four Federal-aid systems: (1) the IS; (2) the NHS; (3) the UMS; and (4) the RMS. Requires: (1) each State to functionally reclassify the roads and streets in such State; and (2) the Secretary to approve and submit a report to the Congress containing such reclassification by September 30, 1992. Directs the Secretary to establish a flexible program under which a State may expend funds apportioned to it for carrying out any project or activity for which Federal funds may be obligated under Federal highway provisions. Includes among eligible NHS projects: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements for segments of such system; (3) highway-related technology transfer activities; (3) public transportation; (4) fringe and corridor parking; (5) carpool and vanpool projects; and (6) bicycle transportation. Includes among eligible UMS and RMS systems: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements; (3) public transportation; (4) transportation planning; (5) highway-related and public transportation-related technology transfer activities; (6) bicycle transportation and and pedestrian walkways; (7) landscaping, scenic enhancement, and planting of wild flowers; and (8) participation in wetland mitigation banks and statewide programs to create, conserve, or enhance wetland habitat. Authorizes appropriations under the interstate substitute program for highway and transit projects. Sets forth provisions with respect to apportionments: (1) under the interstate substitute program; and (2) for the NHS, RMS, UMS, and the State flexible program. Limits the transferability of NHS apportionments, but provides special transferability rules for nonattainment areas for carbon monoxide or ozone under the Clean Air Act (CAA). Revises program and project approval provisions to bar the Secretary from approving: (1) projects after September 30, 1992, which are not included in a transportation improvement program (TIP); (2) any program of projects in an urbanized area not based on the planning process (under Federal highway provisions) and without consideration by the State of the views of responsible public officials of the affected area; (3) a highway project (other than a project for construction of high occupancy vehicle lanes) in an urbanized area of more than 200,000 population which will significantly increase the motor vehicle carrying capacity of a highway facility unless the project is consistent with a congestion management system for such area; and (4) a highway project which has associated with it a project for the construction of a pedestrian walkway or a bicycle transportation facility under the State TIP unless the Secretary first approves such pedestrian walkway or bicycle transportation project, with exceptions. Directs the Secretary, in approving programs for: (1) NHS projects in non-urbanized areas, to require that such projects be selected by the State in consultation with appropriate local officials; (2) RMS projects, to require that such projects be selected by the State highway department, appropriate local officials, and Indian tribal governments in cooperation with each other, with exceptions; (3) NHS projects, to give preference to such projects as will expedite the completion of an adequate and connected system of highways interstate in character; (4) UMS projects, to require that such projects be selected by the designated metropolitan planning organization (MPO) in consultation with the State; and (5) Federal-aid systems, to give priority to projects which incorporate improved standards and features with safety benefits. Authorizes the Secretary, in approving programs, to give priority of approval to, and expedite the construction of, projects that are recommended by specified officials as important to the national defense. Specifies that, in preparing programs to submit for approval, the Secretary and the State: (1) shall give consideration to projects providing direct and convenient public access to public airports, public ports for water transportation, new town communities, and new town-intown communities; and (2) may give priority to projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which are incurring a substantial use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Sets forth provisions with respect to preconstruction activities and contracting for engineering and design services. Requires the Secretary to report to the Congress a national list of rights-of-way identified by the MPOs and the States, including a strategy for preventing further loss of rights-of-way and the desirability of creating a Transportation Right-of-Way Land Bank to preserve vital corridors. Authorizes the States, MPOs, or units of local government (using NHS, UMS, or RMS funds) to purchase threatened rights-of-way subject to certain limitations. Directs the Secretary, in approving such purchases, to give priority to those rights-of-way most imminently threatened with being lost to transportation purposes. Sets forth provisions regarding the availability of Federal funds, set asides for discretionary and 4R (resurfacing, restoring, rehabilitating, and reconstructing) projects, and the Federal share of IS and other Federal-aid highway projects. Bars States from allowing a longer combination vehicle (LCV) to be operated on the IS within its boundaries without having its apportionment of funds withheld, unless authorized under this Act. Authorizes a State to continue to allow LCVs lawfully operated on June 1, 1991, to operate on the IS within its boundaries, subject to specified requirements. Establishes separate requirements for the State of Wyoming. Makes additional exceptions with respect to the operation of certain specialized hauling vehicles on Interstate Route 68 in Garrett and Allegany Counties, Maryland. Directs the Secretary to conduct a study of State and Federal regulations pertaining to transporters of water well drilling rigs on public highways to identify requirements which place a burden on such transporters without enhancing safety or preservation of public highways and to report to the Congress within two years on the results of such study. Exempts firefighting vehicles from axle weight limitations and the bridge formula for vehicles using the IS for two years, subject to renewal for an additional year. Directs the Secretary to conduct a study of State laws regulating the use on the IS of such vehicles and the issuance of permits by States exempting such vehicles from such requirements to determine whether or not: (1) such State laws and Federal highway provisions need to be modified; (2) a permanent exemption should be made for such vehicles; or (3) the bridge formula should be modified as it applies to such vehicles. Sets forth reporting requirements. Directs the Secretary to permit Federal participation in initial construction (current law authorizes such participation in construction) and 4R projects with respect to toll highways, bridges, or tunnels, and conversion of toll-free bridges or tunnels to toll facilities on the same basis as Federal participation is permitted in the construction of free highways. Sets forth provisions with respect to ownership of such facilities, limitations on the use of revenues and on the Federal share, and modification of agreements to allow Federal participation. Eliminates the public operation requirement for toll ferries. Directs the Secretary to void certain agreements with respect to: (1) the Fort McHenry Tunnel, Maryland; and (2) the I-78 Delaware River Bridge. Replaces railway-highway crossing provisions with provisions for a combined highway safety improvement program, under which each State shall: (1) conduct and systematically maintain an engineering survey of all highways to identify hazardous locations, as well as railroad crossings which may require separation, relocation, or protective devices; (2) assign priorities for correction; and (3) establish and implement a schedule of projects for improvements so identified. Sets the Federal share for projects under such program at 80 percent of the cost. Authorizes the Secretary to classify the various types of projects involved in the elimination of hazards of railway-highway crossings and set for each classification a percentage of the costs of construction deemed to represent the net benefit to the railroads for the purpose of determining the railroads' share of construction costs. Sets forth provisions with respect to liability for construction costs, discharge of liability, and enforcement of Act requirements. Provides for the apportionment of funds. Directs the Secretary to set aside $300,000 for Operation Life Saver (a public information and education program to prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings). Authorizes the use of funds by local governments for the improvement of railway-highway crossings under specified circumstances. Requires each State to: (1) establish an evaluation process to assess results achieved by highway safety improvement projects and develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for such projects; and (2) submit progress reports to the Secretary by December 30 of each year. Directs the Secretary to: (1) initiate a rulemaking proceeding to revise the guidelines and standards for the installation of roadside crash cushions; and (2) coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device (and, if feasible, to develop and implement programs to install such devices). Sets forth provisions with respect to the control of outdoor advertising. Directs MPOs, in cooperation with the State, to develop transportation plans and programs for urbanized areas of the State which provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an IT system for the State and such urbanized areas. Provides for the designation or redesignation of MPOs for each urbanized area of the State. Sets forth provisions with respect to the area covered by the transportation planning process and the factors to be considered in developing transportation plans and programs, such as: (1) applicable Federal, State, and local energy conservation programs, goals, and objectives; (2) applicable CAA requirements; (3) methods to reduce traffic congestion; (4) the effect of transportation decisions on land use and development; (5) the use of innovative mechanisms for financing projects; and (6) long-range needs of transportation systems in the urbanized area. Sets forth special rules for urbanized areas of greater than 200,000 population. Requires MPOs designated for urbanized areas, in cooperation with the State, to develop a long range transportation plan and a TIP for such area. Requires biennial review and approval of TIPs. Directs the Secretary to establish in the Department of Transportation (DOT) an advisory committee to review: (1) the planning process being utilized by MPOs; (2) the composition and organization of such MPOs; (3) the impact on such MPOs of changing demographics and increased responsibilities under Federal highway provisions and under the CAA; and (4) the relationship between the MPO and statewide planning processes. Sets forth reporting requirements. Sets forth provisions with respect to statewide planning that are analogous to those for metropolitan planning. Authorizes: (1) the Secretary to develop highway construction training and assistance programs in cooperation with Indian tribal governments; and (2) the States to implement a preference for employment of Indians on projects carried out under this title near Indian reservations. Authorizes: (1) the use of RMS or UMS funds for capital improvement to provide access and coordination between intercity and rural bus service, and for construction of facilities to provide connections between highway transportation and other modes of transportation; and (2) the Secretary to approve as a project on any Federal-aid system modifications to existing highway facilities on such system necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety or future highway improvements. Makes public mass transportation projects in urbanized areas subject to metropolitan planning requirements under this Act. Directs the Secretary to: (1) inventory all highway bridges on Indian reservation roads and park bridges; (2) classify them according to serviceability, safety, and essentiality for public use; (3) assign each a priority for replacement or rehabilitation; and (4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge. Authorizes the Secretary to approve Federal participation in the painting of, or application of calcium magnesium acetate to, the structure of highway bridges upon application by a State for assistance. Provides for the apportionment of discretionary bridge program funds. Authorizes the expenditure of certain funds to rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on public roads other than those on the Federal-aid system. Requires a set-aside for such activities with respect to Indian reservation bridges. Authorizes the Secretary to carry out specified high cost bridge projects. Authorizes appropriations. Makes permanent the extension of the 65 miles per hour speed limit demonstration program. Directs the Secretary to issue regulations with respect to: (1) the monitoring of programs conducted by the States to ensure uniformity; (2) the placing of devices and equipment at such locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk of motor vehicle accidents occurring, considering the classes of such highways and the speeds at which vehicles are traveling. Sets forth a formula for the transfer of a State's apportionment of Federal highway funds if such State fails to adequately enforce the speed limit. Requires a State to obligate at least 50 percent of any funds transferred under this title for a fiscal year for speed limit enforcement and public information and education. Requires the Secretary to carry out such provisions through the National Highway Transportation Safety Administration (NHTSA). Provides for the transfer of certain FHWA personnel to the NHTSA to carry out such provisions. Directs the Secretary, on October 1 or as soon as possible thereafter in FY 1992 and each succeeding fiscal year, to allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each fiscal year under Federal highway provisions shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the HTF (other than the Mass Transit Account) in the latest fiscal year for which data is available. Authorizes a State, subject to approval by the Secretary, to obligate: (1) UMS and flexible program funds for the construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on a Federal-aid system (other than the IS); and (2) NHS funds for such construction adjacent to any highway funds, at the discretion of the department charged with the administration of such funds, for the construction of such walkways and facilities in conjunction with trails, roads, highways, and parkways on Federal lands. Requires each State receiving an apportionment under this title to fund, in the State transportation department, a position of bicycle and pedestrian coordinator. Authorizes, with respect to highway bridge deck replacement or rehabilitation, such replacement or rehabilitation so as to provide for the safe accommodation of bicycles, subject to certain conditions. Sets the Federal share of pedestrian walkway and bicycle transportation facility construction at 80 percent. Requires such walkways and facilities to be located and designed pursuant to an overall plan with due consideration for safety and contiguous routes. Limits the use of motorized vehicles on pedestrian walkways and trails under this title. Requires that: (1) two percent of funds made available for Indian reservation roads for each fiscal year be allocated to those Indian tribal governments applying for transportation planning; and (2) the Indian tribal government develop a TIP that includes all Indian reservation road projects proposed for funding. Directs the Secretary to: (1) conduct a study on differences between the use of funds out of the HTF on, and the designation of roads as, Indian reservation roads and rural mobility highways; and (2) report to the Congress on the results, together with any recommendations for correcting inequities identified. Requires the Secretary, within one year, to issue regulations for State development, establishment, and implementation of a system (which may include a compliance schedule and minimum standards) for managing: (1) highway pavement of the Federal-aid system; (2) bridges on and off such system; (3) highway and transportation safety; (4) traffic congestion; (5) public transportation facilities and equipment; and (6) IT facilities and systems. Directs the Secretary to issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment. Sets forth additional provisions with respect to State requirements, intermodal requirements, reporting requirements, and funding. Authorizes appropriations for congestion relief projects. Directs the Secretary to: (1) carry out research, development, and technology transfer activities to promote the safe operation and maintenance of commercial motor vehicles in interstate commerce; and (2) make grants to, and enter into cooperative agreements with, a not-for-profit membership organization that has been engaged exclusively in truck-related research and education since 1985. Sets the Federal share of such activities at 100 percent. Authorizes appropriations. Sets forth reporting requirements. Prohibits: (1) the discovery (current law only bars the admission as evidence) of certain reports and surveys compiled to develop a highway safety construction improvement project to enhance the safety of potential accident sites or hazardous conditions; and (2) the Secretary from using iron in highway or urban transit projects (current law specifies only steel and manufactured products used in such projects) that has not be produced in the United States. Sets forth provisions with respect to: (1) relocation assistance regulations relating to the Rural Electrification Administration; (2) a temporary matching fund waiver regarding qualifying State projects; (3) repayment of increases in the Federal share; and (4) deductions from State apportionments where a State has not made the required repayment on or before March 30, 1994. Identifies high priority corridors on the NHS. Directs the Secretary to: (1) include all such corridors on the proposed NHS submitted to the Congress; (2) prepare a long-range plan for the upgrading of each corridor to the appropriate standard for highways on the NHS, including separate plans for developing the corridor and financing the development; (3) prepare feasibility and design studies, as necessary, for those corridors for which such studies have not been prepared; and (4) use procedures for acceleration of projects in carrying out projects on high priority corridors. Requires each State in which a priority segment is located to prepare a detailed plan for completion of construction of such segment and for financing such construction. Authorizes appropriations. Sets forth criteria for States to use in selecting high priority segments of corridors of national significance. Authorizes appropriations out of the HTF for feasibility and design studies under this title. Directs the Secretary to establish a Priority Corridor Revolving Loan Fund. Authorizes the Secretary to make grants under a highway bridge research and demonstration program. Directs the Secretary to: (1) take such action as necessary to ensure that information and technology resulting from such research is made available to State and local transportation departments and other interested persons; and (2) make grants to States for construction of highway timber bridges on the RMS. Sets forth provisions with respect to applications, approval criteria, the Federal share, and funding for such grants. Requires the Secretary to carry out a program for ferry boat construction. Bars the Secretary from disapproving, for five years, a highway project solely on the ground that it includes the use of asphalt containing recycled rubber. Directs the Secretary to: (1) gather information and recommendations concerning such use in highway projects from those States that have extensively researched and experimented with such use and make available such information and recommendations to interested States; and (2) conduct a study on such use, the benefits of such use, and the utilization of other recycled materials in asphalt and report the results within two years to the Congress. Directs the Secretary to carry out highway use tax evasion projects, subject to specified limitations. Authorizes the Secretary to allocate specified funds to the Internal Revenue Service and the States for such purposes. Requires the Secretary to establish an advisory committee to prepare a plan to carry out and coordinate highway use tax evasion projects, monitor the results, provide progress reports to the Secretary, and make recommendations to the Secretary for the distribution of funds. Sets forth provisions with respect to: (1) termination of such committee; (2) State certification requirements (that the State will maintain motor fuel tax enforcement activities at a certain level); (3) reporting requirements; and (4) funding of such projects. Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects in lieu of construction of the I-94 East-West Transitway project in Milwaukee and Waukesha counties, Wisconsin. Directs the Army Corps of Engineers, the Environmental Protection Agency, and the FHWA to suspend, for a period of five years from completion of Interstate Route 287 in New Jersey (NJ), the enforcement or implementation of the requirement of the Corps' permit, with respect to the construction of such route, that a wetland mitigation site in Wayne, New Jersey, be in place prior to the opening of the route. Directs the Secretary to: (1) establish within DOT an advisory committee to assist the Secretary with respect to the establishment of a national scenic byways program; and (2) provide technical assistance and make grants to the States for the planning, design, and development of State scenic byways programs. Sets forth provisions with respect to: (1) the membership, function, and reporting requirements of such committee; (2) the Federal share (80 percent); and (3) additional funding provisions. Directs the Secretary to carry out a highway project in Arkansas to demonstrate: (1) the benefits of providing training to county and town traffic officials in the need for and application of uniform traffic control devices; and (2) the safety benefits of providing for adequate and safe warning and regulatory signs. Authorizes appropriations. Sets forth reporting requirements. Authorizes the Secretary to carry out specified: (1) rural access projects; and (2) urban access and mobility projects. Authorizes appropriations. Directs: (1) the Secretary to carry out a project to make modifications to bridges necessary for the Secretary of the Army to carry out a project for flood control at Molly Ann's Brook, New Jersey; and (2) the Governor of New Jersey to carry out all the responsibilities of the Secretary with respect to a highway construction project in Passaic County, New Jersey. Sets forth provisions with respect to certain regulatory interpretations concerning: (1) the coating of steel; and (2) the funding of fusees and flares. Directs the Secretary to conduct a study of the progress being made by the States in adopting and implementing a uniform system for handicapped parking. Sets forth reporting requirements. Requires: (1) not less than five percent of the mileage of roadside barriers installed along Federal-aid highways within the boundaries of a State in each calendar year to be innovative safety barriers; and (2) each State to annually certify to the Secretary the Secretary compliance with such requirement. Directs the Secretary to conduct a survey to identify current State standards (to determine the necessity of upgrading such standards to enhance highway safety) relating to geometric design, traffic control devices, roadside safety, safety appurtenance design, uniform traffic control devices, and sign legibility and directional clarity for all Federal-aid highways, taking into consideration posted speed limits as they relate to highway design. Sets forth reporting requirements. Sets forth: (1) the effective date of this title; and (2) provisions with respect to the availability and transferability of unobligated balances. Authorizes appropriations. Authorizes the Secretary to carry out specified advanced technology projects. Authorizes appropriations. Title II: Highway Safety - Requires (as a prerequisite to the Secretary's approval) that each State's highway safety program include the following programs: (1) drunk driving; (2) speeding; (3) occupant protection; (4) emergency medical services; (5) uniform data collection and reporting; (6) accident location; (7) highway design, construction, and maintenance; and (8) traffic engineering. Permits the Secretary to approve a State's highway safety program only if it includes three or more of the following programs: (1) bicycle safety; (2) pedestrian safety; (3) school bus safety; (4) traffic record system; (5) police traffic services; (6) motorcycle safety; and (7) such other programs as the Secretary may establish by regulation. Bars the Secretary from approving a State highway safety program that does not provide: (1) that at least 40 percent of Federal funds apportioned to the State for a fiscal year be expended by the political subdivisions of the State, including Indian tribal governments (current law makes no mention of tribal governments); and (2) adequate and reasonable access for the safe and convenient movement of individuals with disabilities (currently, physically handicapped persons). Authorizes the Secretary to waive the 40 percent requirement whenever the Secretary determines that there are an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. Directs the Secretary to issue regulations establishing minimum standards for State highway safety programs to be approved under this title which: (1) with respect to the drunk driving, speeding, occupant protection, and police traffic services programs, must include public information, education, and law enforcement components; and (2) may require a State highway safety program to include adoption and enforcement of State law authorizing the use of automatic speed detection devices by law enforcement officers. Specifies that such highway safety requirements and regulations shall, to the extent deemed appropriate by the Secretary, be applicable to federally administered areas where a Federal agency controls the highways or supervises traffic operations. Applies provisions of this title to Indian reservations. Specifies that 95 percent of the funds apportioned to the Secretary of the Interior under this title shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. Bars the admission as evidence, or use in any action for damages, of traffic record system data. Sets forth reporting requirements with respect to legislation necessary to implement programs developed by the Secretary to reduce traffic-related deaths and injuries. Revises highway safety research and development provisions to authorize the Secretary to: (1) use appropriated funds to engage in research on all phases of highway safety and traffic conditions; and (2) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities which may include crash data collection and analysis, driver and pedestrian behavior, and demonstrations of technology. Bars the Secretary from agreeing to provide more than 50 percent of the cost of any such research and development project. Revises drunk driving provisions to authorize the Secretary to make grants to States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol or a controlled substance. Requires States, to be eligible for basic grants, to provide for: (1) the prompt suspension, for a period of not less than 90 days for a first offender and one year for a repeat offender, of the driver's license of any individual who a law enforcement officer has probable cause under State law to believe has committed an alcohol-related traffic offense and who is determined, based on one or more chemical tests, to be intoxicated or who refuses to submit to such a test; (2) a mandatory sentence, not subject to suspension or probation, of imprisonment for not less than 48 consecutive hours or not less than 100 days of community service, of any person convicted of driving while intoxicated (as defined by this Act) more than once in any five-year period; (3) a statewide program for stopping motor vehicles on a nondiscriminatory, lawful basis to determine whether or not operators of such vehicles are driving while under the influence of alcohol; and (4) a self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operation of motor vehicles. Modifies or adds provisions with respect to supplemental grants, limits on administrative expenses, apportionment of funds, and reapportionment of noneligible State funds. Authorizes the Secretary, in the case of a local highway program carried out by an Indian tribe with insufficient funds to meet the non-Federal cost of such program, to increase the Federal share of the cost. Authorizes the Secretary to make grants to States which have in effect specified State motorcycle helmet and safety belt use laws, to: (1) educate the public about motorcycle and passenger vehicle safety, and motorcycle helmet, safety belt, and child restraint system use and to involve public health education and other related agencies in such efforts; and (2) train law enforcement officers in the enforcement of, monitor the rate or compliance with, and enforce, such laws. Sets forth provisions with respect to: (1) the maintenance of State expenditures for traffic safety programs; (2) the Federal share of the cost; (3) eligibility requirements; (4) measuring rates of compliance; and (5) penalties for failing to have in effect such laws. Authorizes appropriations. Authorizes appropriations for: (1) NHTSA highway safety programs; and (2) the alcohol traffic safety incentive grant program. Directs the Secretary, acting through the NHTSA, to establish a regional program for implementation of drug recognition programs and for training law enforcement officers to recognize and identify individuals who are operating a motor vehicle while under the influence of alcohol or one or more controlled substances or other drugs. Authorizes appropriations. Amends the National Driver Register Act of 1982 to make authorizations of appropriations for highway safety educational programming and a study of the use of mass media to educate the public about ways of reducing the number and severity of highway accidents. Title III: Federal Transit Act of 1991 - Federal Transit Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Federal Transit Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to delete specified provisions relating to the authority of the Secretary of Transportation (Secretary) to issue letters of intent with respect to grants and loans for mass transportation projects. Directs the Secretary to apportion certain amounts for FY 1992 through 1996 for rail and guideway modernization for certain urbanized areas. Earmarks a portion of the funds made available for construction of new fixed guideway systems and extensions for obligation at the Secretary's discretion for systems planning, alternative analysis, and preliminary engineering. Earmarks a specified amount at the Secretary's discretion for grants to States and local public bodies and agencies to prevent crime and to increase security in existing and future transit systems. Revises certain criteria to prohibit the making of grants or loans for construction of new fixed guideway systems or extensions unless such proposed projects: (1) have undergone a cost-effectiveness analysis; and (2) are included, after September 30, 1992, in a transportation improvement program. Requires the Secretary to report annually to specified congressional committees on factors which the Secretary considers they should use in authorizing such projects. Allocates on a percentage basis grants or loans for mass transportation projects for FY 1992 through 1996 for: (1) rail modernization; (2) construction of new fixed guideway systems and extensions to such systems;(3) replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities; and (4) apportionments to States for eligible capital projects and Federal highway programs. Prohibits States (other than the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands) from receiving for any fiscal year beginning after September 30, 1991, less than one-third of one percent of funds available from the Mass Transit Account of the Highway Trust Fund for transportation projects under this Act. Treats such named territories together as one State. Makes provisions of title 23 of the United States Code (relating to Federal-aid highway projects) applicable to State projects that are funded under this Act. Sets at 80 percent (or any lower percentage mandated) the Federal share of costs with respect to Federal-aid highway and mass transportation projects. Authorizes the remainder of net project costs of a planned extension to a fixed guideway system to include the cost of rolling stock previously purchased if an applicant demonstrates that such purchase was made: (1) solely with non-Federal funds; and (2) for use on such extension. Increases the percentages of block grant funds available for expenditure for mass transportation projects in urbanized areas with more than, and less than, a population of 200,000, respectively. Extends the Secretary's authority to investigate safety conditions of mass transportation projects financed under the block grant program. Redefines the term "associated capital maintenance items" to include supplies. Provides for an annual increase in the amount of mass transportation funds that may be used for operating assistance by urbanized areas regardless of size (currently, for urbanized areas with less than a population of 200,000). Authorizes States to transfer their apportionment of mass transportation block grant funds for urbanized areas with populations with less than 200,000 to their apportionment for Federal-aid highway projects. Requires contracts for engineering and design services with respect to mass transportation projects to be performed and audited in compliance with cost principles contained in the Federal acquisition regulations of the Code of Federal Regulations. Defines "transit" to mean mass transportation. Authorizes the Secretary to transfer to any public body for any public purpose facilities and equipment and other assets (including land) acquired by a recipient of Federal transportation funds but no longer needed. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Defines a turnkey system project as a vendor-specific project under which a recipient contracts with a vendor to build a transit system that meets specific performance criteria and which is operated by such vendor for a period of time. Authorizes the Secretary to allow the solicitation for a turnkey system project to be conditionally awarded before Federal requirements are met so long as such award is made without prejudice to such requirements. Authorizes transit service providers who receive Federal transportation assistance under programs for elderly and handicapped persons and rural transportation programs to assist in providing meal delivery service for homebound persons if such service does not conflict with the provision, or result in a reduction, of mass transportation services. Authorizes States to transfer portions of their apportionment of formula grants for public transportation projects in rural areas to their apportionment for Federal-aid highway projects. Requires the Secretary, before apportioning any such formula grants after September 30, 1991, to set aside a specified amount for the development and support of intercity bus transportation. Defines the term "construction" with regard to transportation construction projects to include acquisition of materials and supplies. Authorizes appropriations from the Treasury and the Mass Transit Account of the Highway Trust Fund for FY 1992 through 1996 for: (1) block grants for mass transportation projects in urbanized areas; (2) formula grants for public transportation projects in rural areas; (3) mass transportation and construction projects; (4) rural transportation programs; (5) mass transportation services for elderly and handicapped persons; (6) projects for the deployment of innovative techniques and methods in the management and operation of public transportation services; (7) transportation research, development, and demonstration projects; (8) long-range transportation planning programs and technical studies; (9) grants to public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation urban areas; (10) rural transit assistance programs; (11) human resources programs in public transportation activities; (12) administrative expenses of the Secretary; and (13) university transportation centers. Makes funds available from the Highway Trust Fund (other than the Mass Transit Account) for FY 1992 through 1996 for such transportation centers. Makes specified Federal transportation funds available to the Secretary for making grants, or entering into contracts, for: (1) transportation research, development, and demonstration projects; (2) long-range transportation planning programs and technical studies; (3) fellowships for training of personnel employed in managerial, technical, and professional positions in the public transportation field; (4) public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation in urban areas; (5) rural transit assistance programs; or (6) human resources programs in public transportation activities. Requires the Secretary to make a specified amount of such funds available for transit-related technical assistance, demonstration programs, special demonstration initiatives, research, public education, and other activities that the Secretary deems appropriate to help transit providers comply with the Americans With Disabilities Act of 1990. Authorizes the Secretary to undertake a program of transit technology development. Requires the Secretary to establish an industry technical panel to assist in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Earmarks a specified amount of funds for: (1) State transit cooperative research programs; and (2) State and local transportation planning, research, and training in urbanized areas. Requires the Secretary, as part of the transit cooperative research program, to establish an independent governing board to recommend transit research, development, and technology transfer activities. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to implement such activities. Requires the Secretary to report biennially to specified congressional committees an estimate of the future transit needs of the Nation, including in rural areas (particularly access to health care facilities). Requires the Secretary to enter into a full funding grant agreement for the provision of Federal transportation assistance to the New Jersey Urban Core Project. Exempts such project from certain requirements under the Act relating to criteria for new construction of fixed guideway systems. Directs the Secretary to complete a draft environmental impact statement for an extension of the San Francisco Bay Area Rapid Transit District (BART) to the San Francisco International Airport. Directs the Secretary to make grants to BART and to Santa Clara County Transit District (SCCTD) to conduct preliminary engineering and complete environmental impact statements on the locally preferred alternative for the extension of Bart to the San Francisco International Airport and for the Tasman Corridor Project. Sets forth a schedule for approval of the construction of such projects. Directs the Secretary, upon such approval, to execute a multiyear grant agreement with BART to permit the expenditure of funds for the construction of the BART San Francisco International Airport Extension and with SCCTD for the construction of the Tasman Corridor Project. Requires the Secretary to execute full funding grant agreements (consistent with Metropolitan Transportation Commission Resolution No. 1876) with BART for Colma and the San Francisco International Airport, and with SCCTD for the Tasman Corridor Project. Directs the Secretary to enter into a full funding grant agreement with a public transportation authority for construction of a suspended light rail system technology pilot project in Altoona, Pennsylvania. Requires the Secretary, not later than April 1, 1992, to complete and publish in the Federal Register a final supplemental environmental impact statement for Minimum Operable Segment-3 (other than the East Side Extension) of the Los Angeles Metro Rail Project. Requires the Secretary to negotiate with the Los Angeles County Transportation Commission on an amendment to a specified full funding contract for construction of Minimum Operable Segment-2 of the Los Angeles Metro Rail Project in order to include construction of Minimum Operable Segment-3, including a commitment for Federal funding for the East Side Extension, in such contract. Directs the Secretary to enter into multiyear grant agreements with certain States for the construction of specified transportation projects. Directs the Federal Transit Administration to allow petroleum violation escrow account funds spent by the New Jersey Transit Corporation on transit improvements to be applied as credit towards the non-Federal match for any transit project funded under the Act. Increases the limitation on operating assistance for the Niagara Frontier Transit Authority by $4,000,000 to provide assistance for the World University Games. Forgives the outstanding balance on a specified grant agreement made to the Fayettville Transit Authority, North Carolina. Extends the repayment period on the outstanding balances due on certain loans made to the Southeastern Pennsylvania Transit Authority. Title IV: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Amends the Surface Transportation Assistance Act of 1982 to add as conditions for approval of State plans (to be eligible for commercial motor vehicle safety enforcement grants) that such plans ensure that: (1) activities funded under such Act do not diminish the effectiveness of development and implementation of commercial motor vehicle safety programs; (2) fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate; and (3) the designated State agency will coordinate the plan with respect to commercial motor vehicle safety with the State highway safety plan. Requires State plans to provide for maintenance of the level of expenditures for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations as conditions for approval of such plans. Authorizes a State, subject to specified limitations, to use grant funds for: (1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specified geographical locations (such as steep grades or mountainous terrains), or at seaports where intermodal shipping containers enter and exit the United States; (2) detecting the unlawful presence of controlled substances in a commercial motor vehicle or on the person of any occupant of such vehicle; and (3) enforcement of State traffic laws and regulations designed to promote safe operation of commercial motor vehicles. Authorizes appropriations. Makes grants available for expenditure by States for a period of three (currently, one) years, to be available until expended (currently, for the fiscal year and the three succeeding fiscal years). Authorizes the Secretary to deduct up to one (currently, one half) percent of funds made available for administering the grant program in specified fiscal years. Directs the Secretary, on October 1 of each fiscal year, or as soon thereafter as is practicable, to allocate (after making such deduction) among the States whose applications for grants have been approved, the funds authorized to be appropriated for such fiscal year pursuant to criteria established by the Secretary. Requires the Secretary to obligate funds for specified fiscal years for: (1) training of hazardous materials inspectors; (2) commercial motor vehicle information system review; (3) the truck and bus accident data grant program; and (4) research, development, demonstration, and training manuals. Authorizes appropriations for motor carrier safety functions of the FHWA. Sets forth reporting requirements. Authorizes the Secretary to: (1) establish, as part of the motor carrier safety information network system of DOT and similar State systems, an information system (paid for by user fees) which will serve as a clearinghouse and depository of information pertaining to State registration and licensing of commercial motor vehicles and the safety fitness of the registrants of such vehicles; and (2) authorize the operation of such system by contract, through an agreement with a State or States, or by designating a third party which represents the interests of the States. Directs the Secretary to: (1) conduct a review of State motor vehicle registration systems pertaining to license tags for commercial motor vehicles; (2) establish standards to ensure uniform data collection and reporting by all States; and (3) include, as part of the information system established under this title, information on the safety fitness of the registrant of the commercial motor vehicle and such other information as the Secretary considers appropriate. Directs the Secretary to make grants to States: (1) to carry out a project to demonstrate methods of establishing an information system which will link the motor carrier safety information network system of DOT and similar State systems with the motor vehicle registration and licensing systems of the States; (2) which agree to adopt, or have adopted, the recommendation of the National Governors' Association with respect to police accident reports for truck and bus accidents; (3) and to other persons for research, development, demonstrations, and information systems designed to promote commercial motor vehicle safety and which will be beneficial to all U.S. jurisdictions; and (4) to assist in educating the motoring public on its shared responsibility with operators of commercial motor vehicles for highway safety. Authorizes the Secretary to pay for the development, printing, and publication of manuals or other materials used in training roadside inspectors of commercial motor vehicles. Prohibits any State, effective January 1, 1994, from requiring a motor carrier holding a certificate or permit (certificate) issued under this title to: (1) file and maintain such certificate; (2) register motor vehicles operated under such certificate; (3) display or carry on any vehicle a decal, stamp, cab card, or other means of identification evidencing the lawfulness of any transportation or service provided under such certificate; or (4) pay a fee with respect to any such activities. Specifies that nothing in this title shall be construed as limiting the authority of a State to require a motor carrier to file and maintain proof of insurance or qualification as a self-insurer. Provides for reimbursements to States for specified loss revenues in FY 1992, subject to certain requirements. Bars States from allowing on the IS and those classes of qualifying Federal-aid primary system highways as designated by the Secretary any commercial motor vehicle with two or more cargo carrying units (not including the truck tractor), whose cargo carrying units are of a length greater than were authorized by State statute or regulation and were being lawfully operated on the IS and such classes of highways on or before June 1, 1991, with specified exceptions. Makes separate requirements for Wyoming. Sets forth provisions with respect to: (1) additional State restrictions; (2) the publication of State laws governing such vehicles; and (3) State certifications (of such vehicles which are permitted), review of certifications, and related requirements. Directs: (1) the Secretary to initiate a rulemaking (within 60 days) and issue a final regulation (within two years) establishing minimum training requirements for operators of LCVs; (2) the Comptroller General to conduct a study of the safety of LCVs; (3) the Secretary to conduct a study comparing the effects of driving LCVs and driving other truck-trailer combination vehicles on drivers, including driver fatigue; and (4) the Secretary to conduct tests with respect to the operations of LCVs. Sets forth reporting requirements. Requires the Secretary to establish a working group to: (1) establish procedures for resolving disputes among States participating in the International Registration Plan (the interstate agreement for the apportionment of vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators); (2) provide technical assistance to States participating in the Plan; and (3) make grants to States and appropriate persons to facilitate participation in the Plan. Sets forth reporting requirements. Specifies that, after September 30, 1996, no State (other than a State which is participating in the Plan) shall establish, maintain, or enforce any law or regulation which limits the operation of any commercial motor vehicle within its borders which is not registered under the laws of the State if the vehicle is registered under the laws of any other State. Authorizes: (1) and directs the Attorney General, upon the request of the Secretary, to institute a civil action for injunctive relief to assure compliance with such vehicle registration requirement; and (2) the court to issue a mandatory injunction (and directs the court to issue a temporary restraining order or preliminary or permanent injunction, upon a proper showing) to assure such compliance. Authorizes appropriations. Permits a common carrier to establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of: (1) a disabled individual and accompanying attendant (as under current law) or animal trained to assist the individual, or both, when required because of the disability; or (2) a hearing-impaired individual and a dog trained to assist the individual. Title V: Intermodal Transportation - Declares it to be Government policy to encourage and promote a national IT system in the United States. Includes among the duties of the Secretary to coordinate Federal policy on IT and initiate policies to promote efficient IT in the United States. Requires: (1) the Secretary to establish within DOT an Office of Intermodalism, headed by a Director; and (2) the Director to develop and maintain an IT data base (and make information from such data base available to private individuals and public agencies), to be responsible for coordinating Federal research on IT and for carrying out research needs identified by the National Commission on Intermodal Transportation (established pursuant to this Act), and to provide technical assistance to States and MPOs in urban areas having a population of 1,000,000 or more in collecting data relating to IT to facilitate the collection of such data. Directs the Secretary to make grants to not more than six States for the purpose of developing model State IT plans, including systems for collecting data relating to IT, subject to specified requirements. Establishes a National Commission on Intermodal Transportation to investigate and study IT in the United States and internationally, including: (1) intermodal standardization; (2) intermodal impacts on public works infrastructure; (3) legal impediments to efficient IT; (4) financial impediments; (5) new technologies; (6) documentation; (7) research and development; and (8) productivity. Sets forth provisions with respect to the membership and qualifications, and termination, of such Commission, compensation, terms of office, vacancies, travel expenses, staff, administrative support, and obtaining official data. Sets forth reporting requirements. Authorizes the Secretary to carry out specified priority IT projects. Authorizes appropriations.
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Reported in House (text)
Reported in House (text)
Reported in House · EN
Reported in House (text)
Reported in House · EN
Placed on Calendar Senate (text)
Placed on Calendar Senate · EN
Introduced in House (text)
Introduced in House · EN
Enrolled Bill (text)
Enrolled Bill · EN
Engrossed in House (text)
Engrossed in House · EN
Engrossed Amendment Senate (text)
Engrossed Amendment Senate · EN
Public Law (PDF)
Public Law · EN · 19 December 1991
Conference report filed in House
summary · EN · 27 November 1991
Introduced in House
summary · EN · 18 July 1991
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- Official source: https://www.congress.gov/bill/102nd-congress/house-bill/2950
- Open data entity: https://api.congress.gov/v3/bill/102/hr/2950