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101 STAT. 115

consideration in the Secretary's determination of whether a standard is economically justified. "(3) The Secretary may not prescribe an amended or new standard under this section for a type (or class) of covered product if— "(A) for products other than dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens, a test procedure has not been prescribed pursuant to section 323 with respect to Ante, p. 105. that type (or class) of product; or "(B) the Secretary determines, by rule, that the establishment of such standard will not result in significant conservation of energy or that the establishment of such standard is not technologically feasible or economically justified. For purposes of section 327, a determination under subparagraph (B) Post, p. 117. with respect to any type (or class) of covered products shall have the same effect as would a standard prescribed for such type (or class). "(4) The Secretary may not prescribe an amended or new standard under this section if the Secretary finds (and publishes such finding) that interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States in any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States at the time of the Secretary's finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary's determination of whether to prescribe a standard for other types (or classes). "(m) PROCEDURE FOR PRESCRIBING N E W OR AMENDED STAND-

ARDS.—Any new or amended energy conservation standard shall be prescribed in accordance with the following procedure: "(1) The Secretary— "(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule may apply; "(B) shall invite interested persons to submit, within 60 i:r days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and ., "(C) may identify proposed or amended standards that may be prescribed. "(2) A proposed rule which prescribes an amended or new energy conservation standard or prescribes no amendment or no new standard for a type (or class) of covered products shall be published in the Federal Register. In prescribing any such proposed rule with respect to a standard, the Secretary shall determine the maximum improvement in energy efficiency or maximum reduction in energy use that is technologically feasible for each type (or class) of covered products. If such standard is not designed to achieve such efficiency or use, the Secretary shall state in the proposed rule the reasons therefor. "(3) After the publication of such proposed rulemaking, the Secretary shall, in accordance with section 336, afford interested persons an opportunity, during a period of not less than 60 days, to present oral and written comments (including an opportunity to question those who make such presentations, as provided in such section) on matters relating to such proposed rule, including—

Federal Register, P^'^lication.

«

Post, p. 123.

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-I\T, '

Federal Register, publication.

"(A) whether the standard to be prescribed is economically justified (taking into account those factors which the 1-1^'-: Secretary must consider under subsection (1)(2)) or will '- ' result in the effects described in subsection (1)(4); "(B) whether the standard will achieve the maximum improvement in energy efficiency which is technologically ' ' feasible; "(C) if the standard will not achieve such improvement, '•- whether the reasons for not achieving such improvement are adequate; and <-f' *.' "(D) whether such rule should prescribe a level of energy use or efficiency which is higher or lower than that which would otherwise apply in the case of any group of products within the type (or class) that will be subject to such standard. "(4) A final rule prescribing an amended or new energy conservation standard or prescribing no amended or new standard for a type (or class) of covered products shall be published as soon as is practicable, but not less than 90 days, after publication of the proposed rule in the Federal Register, "(n) SPECIAL RULE FOR CERTAIN TYPES OR CLASSES OF PRODUCTS.—

(1) A rule prescribing an energy conservation standard for a type (or class) of covered products shall specify a level of energy use or efficiency higher or lower than that which applies (or would apply) for such type (or class) for any group of covered products which have the same function or intended use, if the Secretary determines that covered products within such group— ' ' "(A) consume a different kind of energy from that consumed by other covered products within such type (or class); or "(B) have a capacity or other performance-related feature 9.U which other products within such type (or class) do not have and such feature justifies a higher or lower standard from that which applies (or will apply) to other products within such type (or class). In making a determination under this paragraph concerning whether a performance-related feature justifies the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consumer of such a feature, and such other factors as the Secretary deems appropriate. "(2) Any rule prescribing a higher or lower level of energy use or efficiency under paragraph (1) shall include an explanation of the basis on which such higher or lower level was established. "(o) INCLUSION IN STANDARDS OF TEST PROCEDURES AND OTHER

Ante, p. 105.

REQUIREMENTS.—Any new or amended energy conservation standard prescribed under this section shall include, where applicable, test procedures prescribed in accordance with section 323 and may include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard applies meets the required minimum level of energy efficiency or maximum quantity of energy use specified in such standard. "(p) DETERMINATION OF COMPLIANCE WITH STANDARDS.—Compli-

ance with, and performance under, the energy conservation standards (except for design standards authorized by this part) established in, or prescribed under, this section shall be determined using the test procedures and corresponding compliance criteria prescribed under section 323. ....

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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101 STAT. 117

"(q) SMALL MANUFACTURER EXEMPTION.—(1) Subject to paragraph

(2), the Secretary may, on application of any manufacturer, exempt such manufacturer from all or part of the requirements of any energy conservation standard established in or prescribed under this section for any period not longer than the 24-month period beginning on the date such rule becomes effective, if the Secretary finds that the annual gross revenues of such manufacturer from all its operations (including the manufacture and sale of covered products) does not exceed $8,000,000 for the 12-month period preceding the date of the application. In making such finding with respect to any manufacturer, the Secretary shall take into account the annual gross revenues of any other person who controls, is controlled by, or is under common control with, such manufacturer. "(2) The Secretary may not exercise the authority granted under paragraph (1) with respect to any type (or class) of covered product subject to an energy conservation standard under this section unless the Secretary makes a finding, after obtaining the written views of the Attorney General, that a failure to allow an exemption under paragraph (1) would likely result in a lessening of competition." SEC. 6. REQUIREMENTS OF MANUFACTURERS.

Section 326(d) of the Energy Policy and Conservation Act (42 U.S.C. 6296(d)) is amended to read as follows: "(d) INFORMATION REQUIREMENTS.—(1) For purposes of carrying Reports. out this part, the Secretary may require, under this part or other Labeling, provision of law administered by the Secretary, each manufacturer of a covered product to submit information or reports to the Secretary with respect to energy efficiency or energy use of such covered product and the economic impact of any proposed energy conservation standard, as the Secretary determines may be necessary to establish and revise test procedures, labeling rules, and energy conservation standards for such product and to insure compliance with the requirements of this part. In making any determination under this paragraph, the Secretary shall consider existing public sources of information, including nationally recognized certification programs of trade associations. "(2) The Secretary shall exercise authority under this section in a manner designed to minimize unnecessary burdens on manufacturers of covered products. "(3) The provisions of section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 shall apply with respect to 15 USC 796. information obtained under this subsection to the same extent and in the same manner as they apply with respect to energy information obtained under section 11 of such Act." SEC. 7. EFFECT ON OTHER LAW.

Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended to read as follows: EFFECT ON OTHER LAW "SEC.

327. (a) PREEMPTION OF TESTING AND LABELING REQUIRE- State and local MENTS.—(1) Effective on the date of enactment of the National governments.

Appliance Energy Conservation Act of 1987, this part supersedes any State regulation insofar as such State regulation provides at any time for the disclosure of information with respect to any measure of energy consumption of any covered product if—

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Ante, p. 105.

42 USC 6294.

PUBLIC LAW 100-12—MAR. 17, 1987

"(A) such State regulation requires testing or the use of any measure of energy consumption or energy descriptor in any manner other than that provided under section 323; or "(B) such State regulation requires disclosure of information with respect to the energy use or energy efficiency of any covered product other than information required under section 324. "(2) For purposes of this section, the term 'State regulation' means a law, regulation, or other requirement of a State or its political subdivisions. "(b) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR A

Ante, p. 107.

PRODUCT.—Effective on the date of enactment of the National Appliance Energy Conservation Act of 1987 and ending on the effective date of an energy conservation standard established under section 325 for any covered product, no State regulation, or revision thereof, concerning the energy efficiency or energy use of the covered product shall be effective with respect to such covered product, unless the State regulation or revision— "(1) was prescribed or enacted before January 8, 1987, and is applicable to products before January 3, 1988; "(2) is a State procurement regulation described in subsection (e); "(3) is a regulation described in subsection (f)(1) or is prescribed or enacted in a building code for new construction described in subsection (f)(2); "(4) is a regulation prohibiting the use in pool heaters of a constant burning pilot; "(5) is a regulation described in subsection (d)(5)(B) for which a waiver has been granted under subsection (d); or "(6) is a regulation effective on or after January 1, 1992, concerning the energy efficiency or energy use of television sets. "(c) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION STANDARDS WHEN FEDERAL STANDARD BECOMES EFFECTIVE FOR A

 * V

PRODUCT.—Except as provided in section 325(b)(3)(A)(ii) and effective on the effective date of an energy conservation standard established in or prescribed under section 325 for any covered product, no State regulation concerning the energy efficiency or energy use of such covered product shall be effective with respect to such product unless the regulation— "(1) is a regulation described in paragraph (2) or (4) of subsection (b); "(2) is a regulation which has been granted a waiver under subsection (d); or "(3) is in a building code for new construction described in subsection (f)(3). "(d) WAIVER OF FEDERAL PREEMPTION.—(1)(A) Any State with a State regulation which provides for any energy conservation standard or other requirement with respect to energy use or energy efficiency for any type (or class) of covered product for which there is a Federal energy conservation standard under section 325 may file a petition with the Secretary requesting a rule that such State regulation become effective with respect to such covered product. "(B) Subject to paragraphs (2) through (5), the Secretary shall, within the period described in paragraph (2) and after consideration of the petition and the comments of interested persons, prescribe such rule if the Secretary finds (and publishes such finding) that the

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State has established by a preponderance of the evidence that such State regulation is needed to meet unusual and compelling State or local energy interests. "(C) For purposes of this subsection, the term 'unusual and compelling State or local energy interests' means interests which— "(i) are substantially different in nature or magnitude than those prevailing in the United States generally; and "(ii) are such that the costs, benefits, burdens, and reliability of energy savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all products subject to the State regulation. The factors described in clause (ii) shall be evaluated within the context of the State's energy plan and forecast. "(2) The Secretary shall give notice of any petition filed under paragraph (1)(A) and afford interested persons a reasonable opportunity to make written comments, including rebuttal comments, thereon. The Secretary shall, within the 6-month period beginning on the date on which any such petition is filed, deny such petition or prescribe the requested rule, except that the Secretary may publish a notice in the Federal Register extending such period to a date certain but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for delay. In the case of any denial of a petition under this subsection, the Secretary shall publish in the Federal Register notice of, and the reasons for, such denial. "(3) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested persons have established, by a preponderance of the evidence, that such State regulation will significantly burden manufacturing, marketing, distribution, sale, or servicing of the covered product on a national basis. In determining whether to make such finding, the Secretary shall evaluate all relevant factors, including— "(A) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; "(B) the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or lessen competition in the sale of the covered product in the State; "(C) the extent to which the State regulation would cause a burden to manufacturers to redesign and produce the covered product type (or class), taking into consideration the extent to which the regulation would result in a reduction— "(i) in the current models, or in the projected availability of models, that could be shipped on the effective date of the regulation to the State and within the United States; or "(ii) in the current or projected sales volume of the covered product type (or class) in the State and the United States; and "(D) the extent to which the State regulation is likely to contribute significantly to a proliferation of State appliance efficiency requirements and the cumulative impact such requirements would have. "(4) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested

Federal Register, publication.

Federal Register, publication.

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PUBLIC LAW 100-12—MAR. 17, 1987

persons have established, by a preponderance of the evidence, that the State regulation is likely to result in the unavailability in the State of any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the State at the time of the Secretary's finding, except that the failure of some classes (or types) to meet this criterion shall not affect the Secretary's determination of whether to prescribe a rule for other classes (or types). "(5) No final rule prescribed by the Secretary under this subsection may— "(A) permit any State regulation to become effective with respect to any covered product manufactured within three years after such rule is published in the Federal Register or within five years if the Secretary finds that such additional time is necessary due to the substantial burdens of retooling, redesign, or distribution needed to comply with the State regulation; or "(B) become effective with respect to a covered product manufactured before the earliest possible effective date specified in Ante, p. 107. section 325 for the initial amendment of the energy conservation standard established in such section for the covered product; except that such rule may become effective before such date if the Secretary finds (and publishes such finding) that, in addition to the other requirements of this subsection the State '; J has established, by a preponderance of the evidence, that— "(i) an energy emergency condition exists within the State which— "(I) imperils the health, safety, and welfare of its ''' residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy to its residents at less than prohibitive costs; and "(II) cannot be substantially alleviated by the im«Spoj-tation of energy or the use of interconnection agreements; and "(ii) the State regulation is necessary to alleviate substantially such condition. "(6) In any case in which a State is issued a rule under paragraph (1) with respect to a covered product and subsequently a Federal energy conservation standard concerning such product is amended pursuant to section 325, any person subject to such State regulation may file a petition with the Secretary requesting the Secretary to withdraw the rule issued under paragraph (1) with respect to such product in such State. The Secretary shall consider such petition in accordance with the requirements of paragraphs (1), (3), and (4), except that the burden shall be on the petitioner to show by a preponderance of the evidence that the rule received by the State under paragraph (1) should be withdrawn as a result of the amendment to the Federal standard. If the Secretary determines that the petitioner has shown that the rule issued by the State should be so withdrawn, the Secretary shall withdraw it. "(e) EXCEPTION FOR CERTAIN STATE PROCUREMENT STANDARDS.—

Any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such standards are more stringent than the corresponding Federal energy conservation standards.

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101 STAT. 121

"(f) EXCEPTION FOR CERTAIN BUILDING CODE REQUIREMENTS.—(1) A

regulation or other requirement enacted or prescribed before January 8, 1987, that is contained in a State or local building code for new construction concerning the energy efficiency or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under section 325 for such covered product. Ante, p. 107. "(2) A regulation or other requirement, or revision thereof, enacted or prescribed on or after January 8, 1987, that is contained in a State or local building code for new construction concerning the energy efficiency or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under section 325 for such covered product if the code does not require that the energy efficiency of such covered product exceed— "'ii q -i? "(A) the applicable minimum efficiency requirement in a national voluntary consensus standard; or "(B) the minimum energy efficiency level in a regulation or other requirement of the State meeting the requirements of subsection (b)(1) or (b)(5), whichever is higher. "(3) Effective on the effective date of an energy conservation standard for a covered product established in or prescribed under section 325, a regulation or other requirement contained in a State or local building code for new construction concerning the energy efficiency or energy use of such covered product is not superseded by this part if the code complies with all of the following requirements: •'' i i "(A) The code permits a builder to meet an energy consumption or conservation objective for a building by selecting items whose combined energy efficiencies meet the objective. "(B) The code does not require that the covered product have an energy efficiency exceeding the applicable energy conservation standard established in or prescribed under section 325, ' except that the required efficiency may exceed such standard up to the level required by a regulation of that State for which "i the Secretary has issued a rule granting a waiver under subsection (d). "(C) The credit to the energy consumption or conservation objective allowed by the code for installing covered products having energy efficiencies exceeding such energy conservation standard established in or prescribed under section 325 or the efficiency level required in a State regulation referred to in subparagraph (B) is on a one-for-one equivalent energy use or i equivalent cost basis. "(D) If the code uses one or more baseline building designs against which all submitted building designs are to be evaluated and such baseline building designs contain a covered product subject to an energy conservation standard established in or prescribed under section 325, the baseline building designs are based on the efficiency level for such covered product which meets but does not exceed such standard or the efficiency level required by a regulation of that State for which the Secretary has issued a rule granting a waiver under subsection (d). "(E) If the code sets forth one or more optional combinations of items which meet the energy consumption or conservation objective, for every combination which includes a covered product the efficiency of which exceeds either standard or level

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PUBLIC LAW 100-12—MAR. 17, 1987

i^ , f t

..

Ante, p. 105.

Ante, p. 107.

referred to in subparagraph (D), there also shall be at least one combination which includes such covered product the efficiency of which does not exceed such standard or level by more than 5 percent, except that at least one combination shall include such covered product the efficiency of which meets but does not , exceed such standard. "(F) The energy consumption or conservation objective is (which may be calculated from energy loss- or gain-based codes) utilizing an equivalent amount of energy (which may be specified in units of energy or its equivalent cost). "(G) The estimated energy use of any covered product permitted or required in the code, or used in calculating the objective, is determined using the applicable test procedures prescribed under section 323, except that the State may permit i the estimated energy use calculation to be adjusted to reflect the conditions of the areas where the code is being applied if such adjustment is based on the use of the applicable test procedures prescribed under section 323 or other technically accurate documented procedure. "(4)(A) Subject to subparagraph (B), a State or local government is not required to submit a petition to the Secretary in order to enforce or apply its building code or to establish that the code meets the conditions set forth in this subsection. "(B) If a building code requires the installation of covered products with efficiencies exceeding both the applicable Federal standard established in or prescribed under section 325 and the applicable standard of such State, if any, that has been granted a waiver under subsection (d), such requirement of the building code shall not be applicable unless the Secretary has granted a waiver for such requirement under subsection (d). "(g) No WARRANTY.—Any disclosure with respect to energy use, energy efficiency, or estimated annual operating cost which is required to be made under the provisions of this part shall not create an express or implied warranty under State or Federal law that such energy efficiency will be achieved or that such energy use or estimated annual operating cost will not be exceeded under conditions of actual use.". SEC. 8. CITIZEN SUITS.
 * . specified in terms of an estimated total consumption of energy

Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305) is amended— (1) by striking out "or" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof; or"; (3) by inserting after paragraph (2) the following new paragraph: "(3) the Secretary in any case in which there is an alleged failure of the Secretary to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in section 325."; and (4) by adding after the last sentence the following: "The courts shall advance on the docket, and expedite the disposition of, all causes filed therein pursuant to paragraph (3) of this subsection. If the court finds that the Secretary has failed to comply with a deadline established in section 325, the court shall have jurisdiction to order appropriate relief, including relief that will

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ensure the Secretary's compliance with future deadlines for the same covered product." SEC. 9. ADMINISTRATIVE REVIEW AND JUDICIAL REVIEW.

Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended to read as follows:

'

,,.

"ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

"SEC. 336. (a)(1) In addition to the requirements of section 553 of title 5, United States Code, rules prescribed under section 323, 324, 325, 327, or 328 of this part shall afford interested persons an opportunity to present written and oral data, views, and arguments with respect to any proposed rule. "(2) In the case of a rule prescribed under section 325, the Secretary shall, by means of conferences or other informal procedures, afford any interested person an opportunity to question— "(A) other interested persons who have made oral presentations; and i. "(B) employees of the United States who have made written or oral presentations with respect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Secretary determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues. "(3) A transcript shall be kept of any oral presentations made under this subsection. "(b)(1) Any person who will be adversely affected by a rule prescribed under section 323, 324, or 325 may, at any time within 60 days after the date on which such rule is prescribed, file a petition with the United States court of appeals for the circuit in which such person resides or has his principal place of business, for judicial review of such rule. A copy of the petition shall be transmitted by the clerk of the court to the agency which prescribed the rule. Such agency shall file in the court the written submissions to, and transcript of, the proceedings on which the rule was based, as provided in section 2112 of title 28, United States Code. "(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief as provided in such chapter. No rule under section 323, 324, or 325 may be affirmed unless supported by substantial evidence. "(3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme (Jourt of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law. "(5) The procedures applicable under this part shall not— "(A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein); or "(B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms by referring to this part and declaring that such provision supersedes, in whole or in part, the procedures of this part.

Ante, p. 105; 42 ^SC 6294; ante, li7 I^^sc'^ 6298.

,,. " ' "

•

5 USC 701 et seq.

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State and local governments. Ante, p. 107.

PUBLIC LAW 100-12—MAR. 17, 1987

"(c) Jurisdiction is vested in the Federal district courts of the United States over actions brought by— "(1) any adversely affected person to determine whether a State or local government is complying with the requirements of this part; and "(2) any person who files a petition under section 325(k) which is denied by the Secretary.". SEC. 10. ANNUAL REPORT.

j. v „,^„ s 3,1 >

Section 338 of the Energy Policy and Conservation Act (42 U.S.C. 6308) is amended by adding at the end the following: "Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part." SEC. 11. CONFORMING AMENDMENTS.

42 USC 6294.

Ante, p. 105. Labeling.

Ante, p. 105.

(a) IN GENERAL.—Part B of title III of the Energy Policy and Conservation Act is amended as follows: , (1) Section 324 is amended— >,„.,j ^ (A) in subsection (a)(1), by striking out "paragraphs (1) through (9)" and inserting in lieu thereof "paragraphs (1), (2), (4), (6), and (8) through (12)"; (B) in subsection (a)(2), by striking out "paragraphs (10) through (13)" and inserting in lieu thereof "paragraphs (3), (5), and (7)"; and (C) in subsection (a)(3)— (i) by striking out "paragraph (14)" and inserting in lieu thereof "paragraph (13)"; (ii) by striking out subparagraph (A) and inserting in , " lieu thereof the following: "(A) the Commission or the Secretary has made a determina[ tion with respect to such type (or class thereof) that labeling in accordance with this section will assist purchasers in making purchasing decisions,"; and (iii) by striking out "section 323(a)(5)" in subpara^' ' graph (B) and inserting in lieu thereof "section ^^ 323(b)(1)(B)"; (D) by striking out subsection (b)(l) and inserting in lieu thereof the following: "(b) RuLES IN EFFECT; NEW RULES.—(1)(A) Any labeling rule in effect on the date of the enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until amended, by rule, by the Commission. "(B) After the date of the enactment of the National Appliance Energy Conservation Act of 1987 and not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (13) of section 322(a) (or class thereof) is prescribed under section 323(b), the Commission shall publish a proposed labeling rule applicable to such type (or class thereof)."; ^, (E) in subsection (b)(3)— (i) by striking out "section 323" both places in which .^, . V ^^ appears and inserting in lieu thereof' section 323(b)"; .; • (ii) by striking out "(13)" and inserting in lieu thereof

j::/;7

"(12)";and

(iii) by striking out "(14)" and inserting in lieu thereof "(13)";

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''•^V

(F) in subsection (b)(5)— ^ (i) by striking out "(10) through (13)" and inserting in lieu thereof "(3), (5), and (7)"; and (ii) by striking out "(14)" and inserting in lieu thereof "'^'"'' "(13)"; and (G) in subsection (f), by striking out "or (2)" in the second ^' < • sentence. (2) Section 326(b)(3)(A) is amended by inserting "established in or" before "prescribed under". (3) Section 332(a)(5) is amended by striking out "energy efficiency standard prescribed under" and inserting in lieu thereof "energy conservation standard established in or prescribed under", (b) STYLISTIC CONFORMING AMENDMENTS.—Part B of title III of the Energy Policy and Conservation Act is amended as follows: (1) Section 322(b)(1) is amended by striking out "(b)(1)" and inserting in lieu thereof "(b) SPECIAL CLASSIFICATION OF

42 USC 6296. 42 USC 6302.

42 USC 6321 et seq '

CONSUMER PRODUCT.—(1)".

(2) Section 324 is amended— (A) by striking out "SEC. 324. (a)(1)" and inserting in lieu at 1., • thereof "SEC. 324. (a) IN GENERAL.—(1)"; (B) in subsection (c)(1), by striking out "(c)(1)" and inserting in lieu thereof "(c) CONTENT OF LABEL.—(1)"; (C) in subsection (d), by striking out "(d)" and inserting in lieu thereof "(d) EFFECTIVE DATE.—"; (D) in subsection (e), by striking out "(e)" and inserting in lieu thereof "(e) STUDY OF CERTAIN PRODUCTS.—"; (E) in subsection (f), by striking out "(f)" and inserting in lieu thereof "(f) CONSULTATION.—"; and (F) in subsection (g), by striking out "(g)" and inserting in lieu thereof "(g) OTHER AUTHORITY OF THE COMMISSION.—". (3) Section 326 is amended— (A) in subsection (a), by striking out "(a)" and inserting in lieu thereof "(a) IN GENERAL.—"; (B) in subsection (b)(1), by striking out "(b)(l)" and inserting in lieu thereof "(b) NOTIFICATION.—(1)"; and (C) in subsection (c), by striking out "(c) Each" and inserting in lieu thereof "(c) DEADLINE.—Each". (4) Section 329 is amended— (A) in subsection (a), by striking out "(a)" and inserting in lieu thereof "(a) IN GENERAL.—"; and (B) in subsection (b), by striking out "(b)" and inserting in lieu thereof "(h) CONFIDENTIALITY.—". (5) Section 332 is amended— (A) in subsection (a), by striking out "SEC. 332. (a)" and inserting in lieu thereof "SEC. 332. (a) IN GENERAL.—"; and (B) in subsection (b), by striking out "(b)" and inserting in lieu thereof "(b) DEFINITION.—". (6) Section 333 is amended— (A) in subsection (a), by striking out "SEC. 333. (a)" and J ^ „^^^ inserting in lieu thereof "SEC. 333. (a) IN GENERAL.—"; x.fe'j: ^g^ j ^ subsection (b), by striking out "(b)" and inserting in lieu thereof "(b) DEFINITION.—"; (C) in subsection (c), by striking out "(c) It" and inserting ,.. V in lieu thereof "(c) SPECIAL RULE.—It"; and

42 USC 6294.

42 USC 6296.

42 USC 6299.

42 USC 6302.

42 USC 6303.

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42 USC 6305.

,.., x-

42 USC 6309.

^ ^v^,

PUBLIC LAW 100-12—MAR. 17, 1987

(D) in subsection (d)(1), by striking out "(d)(1)" and inserting in lieu thereof "(d) PROCEDURE FOR ASSESSING PENALTY.—(1)". .;. - ,. . (7) Section 335 is amended— (A) in subsection (b), by striking out "(b)" and inserting in lieu thereof "(b) LIMITATION.—"; (B) in subsection (c), by striking out "(c)" and inserting in ,' lieu thereof "(c) RIGHT TO INTERVENE.—"; (C) in subsection (d), by striking out "(d)" and inserting in lieu thereof "(d) AWARD OF COSTS OF LITIGATION.—"; (D) in subsection (e), by striking out "(e)" and inserting in lieu thereof "(e) PRESERVATION OF OTHER RELIEF.—"; and (E) in subsection (f), by striking out "(f)" and inserting in lieu thereof "(f) COMPLIANCE IN GOOD FAITH.—". (8) Section 339 is amended— ^,, (A) in subsection (a), by striking out "(a)" and inserting in J lieu thereof "(a) AUTHORIZATIONS FOR THE SECRETARY.—"; (B) in subsection (b), by striking out "(b)" and inserting in lieu thereof "(b) AUTHORIZATIONS FOR THE COMMISSION.—"; and (C) in subsection (c), by striking out "(c)" and inserting in .j,,:, V lieu thereof "(c) OTHER AUTHORIZATIONS.—". Approved March 17, 1987.

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LEGISLATIVE HISTORY—S. 83 (H.R. 87): HOUSE REPORTS: No. 100-11 accompanying H.R. 87 (Comm. on Energy and Commerce). SENATE REPORTS: No. 100-6 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 5, 17, considered and passed Senate. Mar. 3, H.R. 87 considered and passed House; proceedings vacated and S. 83 passed in lieu.

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 PUBLIC LAW 100-13—MAR. 20, 1987 Public Law 100-13 100th Congress

101 STAT. 127

r Joint Resolution

To designate the week of April 5, 1987, through April 11, 1987, as "National Know Your Cholesterol Week".

Whereas heart attacks struck an estimated one million five hundred and seventy-six thousand Americans in 1986, a third of whom died immediately; Whereas scientific data indicates that effective measures to lower serum cholesterol may be capable of decreasing occurrences of heart disease; Whereas only 8 per centum of Americans know their cholesterol level; and Whereas an estimated two hundred and fifty thousand lives could be saved each year if Americans were tested for and took action to reduce high levels of cholesterol: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of April 5, 1987, through April 11, 1987, is designated as "National Know Your Cholesterol Week"; and the President is authorized and requested to issue a proclamation calling upon the American public to observe such week with appropriate programs and activities. Approved March 20, 1987.

LEGISLATIVE HISTORY—S.J. Res. 65: CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 26, considered and passed Senate. Mar. 10, considered and passed House.

Mar. 20, 1987 [S.J. Res. 65]

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 101 STAT. 128

PUBLIC LAW 100-14—MAR. 24, 1987

Public Law 100-14 100th Congress

, An Act

Mar 24 1987 [H.R. 1056]

12 USC 1721.

12 USC 1707. 58 Stat. 284. 38 USC 1801 et 42^use 1471.

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"^^ amend the National Housing Act to limit the fees that may be charged by the Government National Mortgage Association for the guaranty of mortgage-backed securities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 306(g) of the National Housing Act is amended by adding at the end the following new paragraph: "(3)(A) No fee or charge in excess of 6 basis points may be sissessed or collected by the United States (including any executive department, agency, or independent establishment of the United States) on or with regard to any guaranty of the timely payment of principal or interest on securities or notes based on or backed by mortgages that are secured by 1- to 4-family dwellings and (i) insured by the Federal Housing Administration under title II of the National Housing Act; or (ii) insured or guaranteed under the Serviceman's Readjustment Act of 1944, chapter 37 of title 38, United States Code, or title V of the Housing Act of 1949. "^^^ '^^® ^®®^ charged for the guaranty of securities or on notes based on or backed by mortgages not referred to in subparagraph (A), as authorized by other provisions of law, shall be set by the Association at a level not more than necessary to create reserves sufficient to meet anticipated claims based upon actuarial analysis, and for no other purpose. "(C) Fees or charges for the issuance of commitments or miscellaneous administrative fees of the Association shall not be on a competitive auction basis and shall remain at the level set for such fees or charges as of September 1, 1985, except that such fees or charges may be increased if reasonably related to the cost of administering the program, and for no other purpose. "(D) Not less than 90 days before increasing any fee or charge under subparagraph (B) or (C), the Secretary shall submit to the Congress a certification that such increase is solely for the purpose specified in such subparagraph.". Approved March 24, 1987.

LEGISLATIVE HISTORY—H.R. 1056: CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 25, considered and passed House. Mar. 10, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Mar. 24, Presidential statement.

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 PUBLIC LAW 100-15—MAR. 25, 1987

101 STAT. 129

Public Law 100-15 100th Congress Joint Resolution To designate March 20, 1987 as "National Energy Education Day".

Whereas a reliable and economical supply of energy is essential to the future well-being of the United States; Whereas the development and implementation of an enlightened energy policy requires that the public be adequately informed of the issues and alternatives; Whereas ongoing quality energy education programs in America's schools and communities will continue to play an important role in educating the public regarding energy issues; Whereas the annual celebration of "National Energy Education Day" (NEED) brings together students, teachers, school officials, and community leaders to focus attention on the need for energy education in our Nation's schools and communities; and Whereas such a celebration should be conducted in a manner which encourages a deeper understanding of the energy changes and challenges that have and will continue to shape America's future: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to promote and enhance energy education programs at all grade levels of public and private schools throughout the United States, March 20, 1987, is designated "National Energy Education Day". The President is requested to issue a proclamation calling upon the people of the United States, and all educational institutions, to observe such a day with appropriate ceremonies and activities, and encourage appropriate Federal agencies to participate in the observance of such a day and to cooperate with persons and institutions conducting such ceremonies and activities. Approved March 25, 1987.

LEGISLATIVE HISTORY—S.J. Res. 19: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 18, considered and passed Senate. Mar. 19, considered and passed House.

Mar. 25, 1987 [S.J. Res. 19]

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 101 STAT. 130

PUBLIC LAW 100-16—MAR. 27, 1987

Public Law 100-16 100th Congress Joint Resolution Mar. 27, 1987 [S.J. Res. 63]

6 UST 3114, ?rVT'oi^lo'oQ^^^ 15 UST 2228.

To designate March 21, 1987, as Afghanistan Day.

Whereas more than seven years have passed since the unprovoked Soviet invasion of the nonaligned country of Afghanistan; Whereas close to one hundred and fifteen thousand Soviet troops are continuing a brutal attempt to crush the nationwide Afghan resistance to the Soviets and the Marxist regime they installed; Whereas indiscriminate air and artillery bombardments, deliberate attempts to generate refugees, and the destruction of livestock, crops, and property remain a key instrument of Soviet and Kabul regime policy; Whereas Soviet and Kabul regime actions in Afghanistan violate the following international covenants: the 1949 Geneva Conventions and Customary International Law; article 7 of the International Covenant on Civil and Political Rights; and the 1954 Hague Convention; Whereas the military operations of the Soviets and their Afghan surrogates have driven almost three million refugees into Pakit Stan, placing an almost intolerable burden on its economy, social service system, and ecology; Whereas the United Nations General Assembly has in eight resolutions called for the "immediate withdrawal of foreign troops from Afghanistan", and a recent United Nations Human Rights Commission report concludes that the continuation of a military 4 solution in Afghanistan will "lead inevitably to a situation approaching genocide"; Whereas, the twentieth semiannual report of the United States ,j Department of State on the implementation of the Helsinki Final Act observes that Soviet policies in Afghanistan are: "in direct and willful violation of the general principles set forth in the Helsinki Final Act, including respect of the inviolability of frontiers, territorial integrity of states, and self-determination of peoples"; Whereas, in June 1986, the European Parliament overwhelmingly adopted a resolution on the situation in Afghanistan which condemns: "The deaths of some one and a half million Afghans since the beginning of the Soviet intervention, out of the total population of fifteen million, while four and a half million refugees have had to flee to Pakistan and Iran and a million Afghans are surviving in extremely difficult conditions within the country itself; Wheresis Soviet and Kabul regime aircraft have violated Pakistan's airspace seven hundred and fifty-seven times during 1986, killing forty-six innocent people and wounding seventy-seven; Whereas over two hundred and thirty-three Soviet and Kabulinspired terrorist incidents took place in Pakistan during 1986, often in circumstances calculated to cause the deaths of innocent civilians;

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The New International Encyclopædia/Raupach, Ernst

RAUPACH, rou'pä G, (1784-1852). A German dramatist. He was born at Straupitz, Silesia; studied theology at Halle; was for ten years tutor in Russia, and was subsequently (1816) appointed professor of philosophy, German literature, and history in the University of Saint Petersburg. Raupach left Russia in 1822, and, after a visit to Italy, settled in Berlin, where he devoted the remainder of his life chiefly to writing for the stage. His facility was remarkable, and he wrote in all about eighty plays, besides letters and poems. Among his early pieces the following are noteworthy: Die Gefesselten (1821); Die Freunde (1825); and Isidor und Olga (1826). Among his comedies may be mentioned Die Schleichhändler; Der Zeitgeist; and the farces, Denk' an Cäsar and Schelle im Monde. Of his posthumous works are: Der Kegelspieler (1853); the tragi-comedy, Mulier Taceat in Ecclesia (1853); and Saat und Frucht (1854). The popular drama Der Müller und sein Kind still holds the stage: He collected his earlier plays in two volumes, Dramatische Werke komischer Gattung (1829-35), and Dramatische Werke ernster Gattung (1830-43). Raupach's writings display great knowledge of stage effect, a happy talent for the invention of new and interesting situations, and a fine play of verbal wit. Consult Pauline Raupach, Raupach, eine biographische Skizze (Berlin, 1853).


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 PUBLIC LAW 100-16—MAR. 27, 1987 Whereas recent developments such as the deceptive withdrawal of six Soviet regiments, a "national reconciliation" scheme which leaves a regime opposed by an overwhelming majority of the Afghan people, and a ceasefire proposal with no provision for the withdrawal of Soviet forces suggest no change in the Soviet goal in Afghanistan; Whereas the only credible indicator of Soviet commitment to negotiated political settlement in Afghanistan will be their agreement at the Geneva negotiations to a prompt and complete withdrawal of all their troops and full self-determination for the Afghan people; Whereas, since the Soviet invasion of Afghanistan, the Congress has in numerous resolutions declared the solidarity of the American people with the struggle of the Afghan people against the Soviet invaders; and Whereas the people of Afghanistan observe March 21 as the traditional start of their new year and as a symbol of their nation's rebirth: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating March 21, 1987, as Afghanistan Day, and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved March 27, 1987.

LEGISLATIVE HISTORY—S.J. Res. 63: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 17, considered and passed Senate. Mar. 19, considered and passed House.

91-194 O - 90 - 6: QL.3 Part 1

101 STAT. 131

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 101 STAT. 132

PUBLIC LAW 100-17—APR. 2, 1987

Public Law 100-17 100th Congress An Act Apr. 2, 1987 [H.R. 2]

To authorize funds for construction of highways, for highway safety programs, and for mass transportation programs, to expand and improve the relocation assistance program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ^^

Surface Transportation SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and Uniform Relocation (a) SHORT TITLE.—This Act may be cited as the "Surface Assistance Act of tation and Uniform Relocation Assistance Act of 1987". 1987. State and local (b) TABLE OF CONTENTS.— governments. 23 USC 101 note. Sec. 1. Short title; table of contents.; r;,.^.;t;>;; / > Iqoi j ' Sec. 2. Secretary defined. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Transpor-

'-...:

TITLE I—FEDERAL-AID HIGHWAY ACT OF 1987 101. Short title. 102. Approval of interstate cost estimate and extension of interstate program. 103. Approval of cost estimate and authorization of appropriations for interstate substitute projects. 104. Authorization of appropriations for interstate system construction. 105. Obligation ceiling. 106. Authorization of appropriations. 107. Federal-aid primary formula. 108. Elimination of roadside obstacles. 109. Emergency call boxes. sl^/ Jv • •;, A 110. Vending machines and State police barracks. 111. Contracts. 112. Convict produced materials. 113. Advance construction. 114. Interstate discretionary funds. 115. Flexibility of use of highway funds. 116. Interstate 4R program. 117. Federal share. 118. Emergency relief. 119. Vehicle weight. 120. Toll facilities. 121. Railway-highway crossings. 122. Indian employment and contracting. 123. Bridge program. 124. Minimum allocation. 125. National bridge inspection program. 126. Income from airspace rights-of-way. 127. Funding for bicycle projects. 128. Strategic highway research program. 129. Highway planning and research. 130. Wildflowers. 131. National Highway Institute. 132. Prohibition against disclosure and admission as evidence of State reports and surveys. 133. Highway technical amendments. 134. Forest highways. 135. Regulation of tolls. 136. Implementation of certain orders. 137. Combined road plan demonstration program. 138. Project eligibility. 139. Eligibility of park and ride facilities. 140. Planning, design, and construction.

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 PUBLIC LAW 100-17—APR. 2, 1987 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

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101 STAT. 133

141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174.

Transfer of interstate lanes. Substitute transit project in Oregon. Payback of right-of-way expenses. Georgia State route 400. Exemption from right-of-way restriction. Right-of-way donation. Shirley Highway traffic restrictions. Railroad relocation and demonstration program. Demonstration and priority projects. Cumberland Gap National Historical Park, Virginia. Delaware River bridges. Prohibition on widening certain routes through historic district. Urban high density program. Signs identifying funding sources. Salvage operation. Release of condition relating to conveyance of a certain highway. Maryland interstate transfer. Motor vehicle study. Rail-highway crossings study. Study of highway bridges which cross rail lines. Parking for handicapped persons. ,.-.: Bridge management study. State maintenance program study. Feasibility study of using highway electrification systems. Cost effectiveness study of highway upgrading. Highway feasibility study. California feasibility study. New York feasibility study. Florida feasibility study. Virgin Islands feasibility study. Study of ferry boat service. Review of reports on United States route 13 relief route. i Use of rock salt on highways. 55-miles per hour speed limit. ^

201. 202. 203. 204. 205. 206. 207. 208. 209.

TITLE II—HIGHWAY SAFETY ACT OF 1987 Short title. Highway safety. Alcohol traffic safety programs. Schoolbus safety measures. Standards for splash and spray suppressant devices. Highway safety program amendments. Highway safety education and information. Older driver study. Rescission of contract authority.

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TITLE III—FEDERAL MASS TRANSPORTATION ACT OF 1987 Sec. 301. Short title. Sec. 302. Letters of intent. Sec. 303. Criteria for new starts. Sec. 304. Report on funding levels and allocations of funds. Sec. 305. Allocation of section 3 funds. Sec. 306. Advance construction. Sec. 307. Section 4(h)(l) reports. Sec. 308. Leased property. Sec. 309. Bus remanufacturing and overhauling of rolling stock. Sec. 310. Long-term financial planning. Sec. 311. Use of lapsed section 9A and section 9 funds. „ ,^ Sec. 312. Block grant program amendments. '• . < ' Sec. 313. Section 9B program. Sec. 314. University transportation centers. Sec. 315. Sole source procurements. Sec. 316. Contracting for engineering and design services. Sec. 317. Bus testing. < Sec. 318. Rulemaking. Sec. 319. Preaward and postdelivery audit of bus purchases. Sec. 320. Removal of limitation on the source of funding for innovative management grants. Sec. 321. Federal share for elderly and handicapped projects. Sec. 322. Rural transportation equity.

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 101 STAT. 134

PUBLIC LAW 100-17—APR. 2, 1987

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339. 340.

Rural transit assistance program. Project management oversight. Crime prevention and security. Bicycle facilities. Transit technical amendments. Authorizations. Increased operating assistance during construction of interstate project. Bus service deterioration. BART study. Tactile mobility aids. Feasibility study of electric bus line. Feasibility study of abandoned trolley service. Comprehensive transit plan for the Virgin Islands. Transfer of section 9 funds. Buy America. Multi-year contract for Metro Rail Project. Bus carrier certificates for recipients of governmental assistance. Utilization requirement for certificates authorizing intrastate bus operations.

TITLE IV—UNIFORM RELOCATION ACT AMENDMENTS OF 1987 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 411. 412. 413. 414. 415. 416. 417. 418. 501. 502. 503. 504.

Sec. 505. Sec. 506. Sec. 507. Sec. 508. 23 USC 101 note.

Short title. Definitions. Certification. Declaration of findings and policy. Moving and related expenses. Replacement housing for homeowner. Replacement housing for tenants and certain others. Relocation planning, assistance coordination, and advisory services. Housing replacement by Federal agency as last resort. Assurances. Federal share of costs. Duties of lead Eigency. Payments under other laws. Transfer of surplus property. Repeals. Uniform policy on real property acquisition practices. Assurances. Effective date. TITLE V—HIGHWAY REVENUE ACT OF 1987 Short title. 5-year extension of Highway Trust Fund taxes and related exemptions. 5-year extension of Highway Trust Fund. Certain transfers from Highway Trust Fund to be made proportionately from Mass Transit Account. Treatment of long-term lessors of heavy trucks and trailers. Determination of price where tax paid by manufacturer. Imposition of highway use tax on all motor vehicles operating in United States. Application of certain revenue rulings.

SEC. 2. SECRETARY DEFINED.

As used in this Act, the term "Secretary" means the Secretary of Transportation.

ntt^yAct o TITLE I—FEDERAL-AID HIGHWAY ACT OF f ^^^'^' 1987 23 USC 101 note.

SEC. 101. SHORT TITLE.

This title may be cited as the "Federal-Aid Highway Act of 1987".

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 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 135

SEC. 102. APPROVAL OF INTERSTATE COST ESTIMATE AND EXTENSION OF INTERSTATE PROGRAM.

(a) FISCAL YEAR 1988.—The Secretary shall apportion for fiscal year 1988 the sums authorized to be appropriated for such year by section 108(b) of the Federal-Aid Highway Act of 1956 for expenditure on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of the Committee Print Numbered 100-5 of the Committee on Public Works and Transportation of the House of Representatives.

23 USC 104note. 23 USC lOl note,

Qa) EXTENSION OF INTERSTATE PROGRAM THROUGH FISCAL YEAR

1993.— (1) EXTENSION OF ICE APPROVAL PROCESS.—Section 10403)(5)(A) of title 23, United States Code, is amended by inserting after "September 30, 1990." the following: "The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous appor' tionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1989. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years 1991 and 1992. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1991. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal year 1993.".

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(2) ADMINISTRATIVE ADJUSTMENT OF ICE; EXCESS APPORTION-

MENTS.—Such section 1040t))(5)(A) is further amended by adding at the end the following: "On October 1 of each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress has not approved a cost estimate under this subparagraph, the Secretary shall make the apportionment required by this subparagraph using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds. If, before apportionment of funds under this subparagraph for any fiscal year, the Secretary and a State highway department agree that a portion of the apportionment to such State is not needed for such fiscal year, the amount of such portion shall be made available under section 118(b)(2) of this title.". (3) CONFORMING AMENDMENT.—The second paragraph of section 101(b) of such title is amended— (A) by striking out "thirty-four years' " and inserting in lieu thereof "thirty-seven years' "; and (B) by striking out "1990" and inserting in lieu thereof "1993". (c) MINIMUM APPORTIONMENT.—For any fiscal year beginning Alaska, after September 30, 1987, no State, including the State of Alaska, 23 USC 104 note.

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 101 STAT. 136

ji.., I .1.)," •'

PUBLIC LAW 100-17—APR. 2, 1987

shall receive less than ¥2 of 1 percent of the total apportionment for the Interstate System under section 104(b)(5)(A) of title 23, United ^isi * States Code. Whenever amounts made availalDle under this subsection for the Interstate System in any State exceed the estimated cost j?s^. tiL of completing that State's portion of the Interstate System, and exceed the estimated cost of necessary resurfacing, restoration, rehabilitation, and reconstruction of the Interstate System within such State, the excess amount shall be eligible for expenditure for those purposes for which funds apportioned under paragraphs (1), (2), and (6) of such section 104(b) may be expended and shall also be available for expenditure to carry out section 152 of title 23, United States Code. SEC. 103. APPROVAL OF COST ESTIMATE AND AUTHORIZATION OF APPROPRIATIONS FOR INTERSTATE SUBSTITUTE PROJECTS.

23 USC 103 note.

(a) FiscAL YEAR 1987.—The Secretary shall apportion for fiscal year 1987 the sums to be apportioned for such year under section 103(e)(4) of title 23, United States Code, for expenditure on substitute highway and transit projects, using the apportionment factors contained in the Committee Print Numbered 100-6 of the Committee on Public Works and Transportation of the House of Representatives. (b) AUTHORIZATION OF APPROPRIATIONS; PERIOD OF AVAILABILITY OF APPORTIONED FUNDS; EXTENSION OF SUBSTITUTE ICE APPROVAL PROC-

ESS.—Section 103(e)(4) of title 23, United States Code, is amended to read as follows: "(4) INTERSTATE SUBSTITUTE PROGRAM.— "(A) WITHDRAWAL OF APPROVAL.—Upon the joint request

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of a State Governor and the local governments concerned, the Secretary may withdraw approval of any route or portion thereof on the Interstate System which was selected and approved in accordance with this title, if the Secretary determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System and if the Secretary receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by the route or portion thereof. "(B) SUBSTITUTE PROJECTS.—When the Secretary withdraws approval under this paragraph, a sum equal to the Federal share of the cost to complete the withdrawn route or portion thereof, as that cost is included in the latest Interstate System cost estimate approved by Congress, or up to and including the 1983 interstate cost estimate, whichever is earlier, subject to increase or decrease, as determined by the Secretary based on changes in construction costs of the withdrawn route or portion thereof as of the date of approval of each substitute project under this paragraph, or the date of approval of the 1983 interstate cost estimate, whichever is earlier, shall be available to the Secretary to incur obligations for the Federal share of either public mass transit projects involving the construction of fixed rail facilities or the purchase of passenger equipment including rolling stock, for any mode of mass transit, or both, or highway construction projects on any public road, or both, which will serve the area or areas from which the interstate route or portion thereof was with-

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 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 137

drawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located. Each project constructed under this paragraph on a Federal-aid system shall be subject to the provisions of this title applicable to such system. Each project constructed under this paragraph not on a Federal-aid system shall be subject to the provisions of this title applicable to projects on the Federal-aid secondary system. "(C) DEADLINE FOR WITHDRAWAL.—The Secretary shall not approve any withdrawal of a route under this paragraph after September 30, 1983— "(i) except that with respect to any route which on November 6, 1978, is under judicial injunction prohibiting its construction the Secretary may approve withdrawals until September 30, 1986, and "(ii) except that with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction, the Secretary may approve withdrawals on such route until September 30, 1985. "(D)

PROJECT APPROVAL; FEDERAL SHARE.—Approval by

the Secretary of the plans, specifications, and estimates for a substitute project shall be deemed to be a contractual obligation of the Federal Government. The Federal share of each substitute project shall not exceed 85 percent of the cost thereof. "(E) AVAILABILITY OF FUNDS FOR SUBSTITUTE PROJECTS.— "(i) TIME PERIOD.—The sums apportioned and the

sums allocated under this paragraph for public mass transit projects and for highway construction projects in a State shall remain available for obligation in such State for the fiscal year for which apportioned or allocated, as the case may be, and for the succeeding fiscal year. "(ii) REAPPORTIONMENT OR REALLOCATION.—Any sums which are apportioned or allocated to a State and are unobligated (other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a substitute project which has been submitted by the State to the Secretary for approval) at the end of the period of availability established by clause (i) shall be apportioned or allocated, as the case may be, among those States which have obligated all sums (other than such an amount) apportioned or allocated, as the case may be, to them. Such reapportionments shall be in accordance with the latest approved or adjusted estimate of the cost of completing substitute projects, and such reallocations shall be at the discretion of the Secretary. "(F) ADMINISTRATION OF TRANSIT FUNDS.—The sums obligated for mass transit projects under this paragraph shall

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 101 STAT. 138

PUBLIC LAW 100-17—APR. 2, 1987 become part of, and be administered through, the Urban Mass Transportation Fund.

V

"(G)

AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY

PROJECTS.—For the fiscal year ending September 30, 1983, . $257,000,000 shall be available out of the Highway Trust Fund for expenditure at the discretion of the Secretary for projects under highway assistance programs. There shall be available, out of the Highway Trust Fund (other than the Mass Transit Account), to the Secretary for expenditure under this paragraph for projects under highway assistance programs $700,000,000 per fiscal year for each of fiscal , years 1984 and 1985, $693,825,000 for fiscal year 1986, and $740,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991.

,:

"(H) DISTRIBUTION OF SUBSTITUTE HIGHWAY FUNDS.— "(i) BETWEEN DISCRETIONARY AND APPORTIONED PRO-

GRAMS.—Subject to section 149(d) of the Federal-Aid Highway Act of 1987, 25 percent of the funds made available by subparagraph (G) for each of fiscal years 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for substitute highway projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 75 percent of such funds shall be apportioned in accordance with cost estimates approved by Congress or adjusted by the Secretary. "(ii) FISCAL YEARS 1985,

,. .' ^." '

1986,

AND 1987 APPORTION-

MENTS.—The Secretary shall make a revised estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for fiscal years 1985, 1986, and 1987. "(iii) FISCAL YEARS 1988, 1989, 1990, AND 199I APPOR-

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TIONMENTS.—The Secretary shall make a revised estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of the enactment of the Federal-Aid Highway Act of 1987. Upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for fiscal year 1988. If such estimate is not approved by Congress by September 30, 1987, the Secretary shall adjust such estimate in accordance with this clause and use the Federal share of the adjusted estimate in making apportionments for fiscal year 1988. The Secretary shall adjust such estimate annually thereafter in accordance with this clause and shall use the Federal share of such adjusted estimate in making apportionments for substitute highway projects for fiscal years 1989, 1990, and 1991. The adjustments required by this clause shall reflect previous withdrawals of interstate segments, changes in t State estimates in the division of funds between sub-

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101 STAT. 139

stitute highway and transit projects, amounts made available in prior fiscal years, and the availability and reapportionment of funds under subparagraph (E). "(I)

AUTHORIZATION

OF APPROPRIATIONS

FOR TRANSIT

PROJECTS.—There are authorized to be appropriated for liquidation of obligations incurred for substitute transit projects under this paragraph the sums provided in section 4(g) of the Urban Mass Transportation Act of 1964. "(J) DISTRIBUTION OF SUBSTITUTE TRANSIT FUNDS.— "(i) BETWEEN DISCRETIONARY AND APPORTIONED PRO-

GRAMS.—Fifty percent of the funds appropriated for each fiscal year beginning after September 30, 1983, for carrying out substitute transit projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 50 percent of such funds shall be apportioned in accordance with cost estimates approved by Congress or adjusted by the Secretary. "(ii) FISCAL YEARS I 9 8 5, 1986, AND I 9 8 7 APPORTION-

MENTS.—The Secretary shall make a revised estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for fiscal years 1985, 1986, and 1987. "(iii) FISCAL YEARS I 9 8 8, 1989, 1990, AND 199I APPOR-

TIONMENTS.—The Secretary shall make a revised estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of the enactment of the Federal-Aid Highway Act of 1987. Upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for fiscal year 1988. If such estimate is not approved by Congress by September 30, 1987, the Secretary shall adjust such estimate in accordance with this clause and use the Federal share of the adjusted estimate in making apportionments for fiscal year 1988. The Secretary shall adjust such estimate annually thereafter in accordance with this clause and shall use the Federal share of such adjusted estimate in making apportionments for substitute transit projects for fiscal years 1989, 1990, and 1991. The adjustments required by this clause shall reflect previous withdrawals of Interstate segments, changes in State estimates in the division of funds between substitute highway and transit projects, amounts made available in prior fiscal years, and the availability and reapportionment of funds under subparagraph (E). "(K) REDUCTION OF INTERSTATE APPORTIONMENT.—

"(i) IN GENERAL.—Unobligated apportionments for the Interstate System in any State where a withdrawal is approved under this paragraph shall, on the date of such approval, be reduced in the proportion that the

49 USC app. 1603.

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 101 STAT. 140

23 USC 101 note.

PUBLIC LAW 100-17—APR. 2, 1987 Federal share of the cost of the withdrawn route or portion thereof bears to the Federal share of the total . cost of all interstate routes in that State as reflected in the latest cost estimate approved by the Congress. "(ii) EXCEPTION.—In any State where the withdrawal of an interstate route or portion thereof has been approved under this section prior to the date of the enactment of the Federal-Aid Highway Act of 1976, the ' unobligated apportionments for the Interstate System in that State on such date of enactment shall be reduced in the proportion that the Federal share of the cost to complete such route or portion thereof, as shown in the latest cost estimate approved by Congress prior to such approval of withdrawal, bears to the Federal share of the cost of all interstate routes in that State, as shown in such cost estimate; except that the amount of such proportional reduction shall be credited with the amount of any reduction in such State's Interstate apportionment which was attributable to the Federal share of any substitute project approved under this paragraph before such date of enactment. "(L) APPLICABILITY OF UMTA.— "(i) SUPPLEMENTARY FUNDS.—Funds available

49 USC app. 1601 note. 49 USC app. 1602.

for

expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964. "(ii) LABOR PROTECTION.—The provisions of section

3(e)(4) of the Urban Mass Transportation Act of 1964 shall apply in carrying out this paragraph. "(M) LIMITATION ON INTERSTATE DESIGNATIONS.—After the

23 USC 101 note.

date of the enactment of the Federal-Aid Highway Act of 1978, the Secretary may not designate any mileage as part of the Interstate System pursuant to this paragraph or under any other provision of law. The preceding sentence shall not apply to a designation made under section 139 of this title. "(N) OPEN TO TRAFFIC REQUIREMENT.—After September

30, 1979, the Secretary shall not withdraw his approval under this paragraph of any route or portion thereof on the Interstate System open to traffic before the date of the proposed withdrawal. Any withdrawal of approval of any such route or portion thereof before September 30, 1979, is hereby determined to be authorized by this paragraph. "(O) LIMITATION ON SUBSTITUTION FOR STATUTORILY DESIGNATED ROUTES.—Any route or segment which was

statutorily designated after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution under this subsection. "(P) RIGHT-OF-WAY PAYBACK,—

"(i) ENFORCEMENT.—Of sums apportioned or allocated under this paragraph to a State, the Secretary shall not obligate for projects in such State an amount equal to the amount of Federal funds expended to purchase the right-of-way for any withdrawn route or portion thereof if the right-of-way is not first disposed

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 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 141

of (or applied to a project in accordance with paragraph (5)(B), (6)(B), or (7)) by the State. "(ii) LIMITATION ON APPLICABILITY.—Clause (i) shall not apply to sums apportioned or allocated under this paragraph to a State for a fiscal year if the projected total amount of funds to be apportioned and allocated under this paragraph to such State in succeeding fiscal years exceeds the amount of Federal funds expended to purchase the right-of-way. "(iii) RELEASE OF FUNDS.—The Secretary may obligate for projects in a State under this paragraph any funds withheld from obligation in such State if the State repays an equivalent amount in accordance with paragraph (5)(B), (6)(B), or (7), as the case may be, or if the Secretary determines that such repayment is not required under such paragraph.". (c) SUBSTITUTE TRANSIT PROJECTS.— (1) INCREASE IN COST TO COMPLETE.—The cost of completing substitute transit projects under section 103(e)(4)(B) of title 23, United States Code, is increased by $100,000,000.

23 USC 103 note.

(2) APPORTIONMENT FACTORS.—Notwithstanding section

103(e)(4) of such title, funds appropriated to carry out projects as a result of enactment of paragraph (1) shall be made available in accordance with the apportionment factors contained in the Committee Print Numbered 100-2 of the Committee on Public Works and Transportation of the House of Representatives. (d) CONTRACT DEADLINE FOR SUBSTITUTE PROJECTS.—

(1) ELIMINATION.—Subsection (e) of section 107 of the FederalAid Highway Act of 1978 (23 U.S.C. 103 note) is amended— (A) in the first sentence by striking out "and all Interstate substitute projects pursuant to subsection (e)(4) of, r y. i section 103 of title 23, United States Code (for which the Secretary finds that sufficient Federal funds are available)"; and (B) in the second sentence by striking out "and in the case" and all that follows through the period at the end of such subsection and inserting in lieu thereof a period. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) 23 USC 103 note, shall take effect September 29, 1986. (e) INCLUSION OF CERTAIN COSTS AS NON-FEDERAL SHARE.—If the Oregon. State of Oregon completes construction of a segment of an east-west highway which segment connects 158th Avenue and Cornelius Pass Road in Washington County, Oregon, with funds made available i' • under section 103(e)(4) of title 23, United States Code, the Secretary shall include as part of the non-Federal share of the cost of construction of such segment all funds expended by private land developers after January 1, 1980, on construction of such segment. (f) CONFORMING AMENDMENTS.—(1) Section 103(e) of title 23, United States Code, is amended— (A) by inserting "INTERSTATE SYSTEM.—" before "(1) The

Interstate"; (B) in paragraph (1) by inserting "DESIGNATION; MILEAGE

I;• LIMITATION.—" before "The Interstate"; (C) in paragraph (2) by inserting "MODIFICATIONS.—" before "In addition"; (D) in paragraph (3) by inserting "ADDITIONAL MILEAGE FOR IMPROVED EFFICIENCY.—" before "In addition";

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Page:United States Statutes at Large Volume 101 Part 1.djvu/172

 101 STAT. 142

PUBLIC LAW 100-17—APR. 2, 1987 (E) in paragraph (5) by inserting "LIMITATION ON REFUNDS FOR

WITHDRAWALS BEFORE NOVEMBER 6, 1978.—" before "Notwithstanding" and by striking out "; and" at the end of such paragraph and inserting in lieu thereof a period; (F) in paragraph (6) by inserting "LIMITATION ON REFUNDS FOR

WITHDRAWALS ON AND AFTER NOVEMBER 6, 1978.—" before "Notwithstanding" and by striking out the semicolon at the end of such paragraph and inserting in lieu thereof a period; (G) in paragraph (7) by inserting "ADDITIONAL LIMITATION ON

REFUNDS.—" before "In any" and by striking out "; and" at the end of such paragraph and inserting in lieu thereof a period; (H) in paragraph (8) by inserting "PROTECTION OF PROPERTY

RIGHTS.— before "Nothing"; (I) in paragraph (9) by inserting "LIMITATION ON FUNDING OF

-•"^ MODIFIED MILEAGE PROJECTS.—" before "Interstate mileage"; (J) by indenting paragraph (1) and aligning such paragraph and paragraphs (2), (3), (5), (6), (7), (8), and (9) with paragraph (4) of such section, as amended by subsection (b) of this section; and (K) by aligning subparagraphs (A) and (B) of paragraphs (5) and (6) with subparagraph (A) of such paragraph (4). (2) Section 107(c)(2) of the Highway Improvement Act of 1982 (23 U.S.C. 103 note) is amended— (A) by striking out "the second sentence" and inserting in lieu thereof "subparagraph (B)"; and (B) by striking out "such sentence" and inserting in lieu thereof "such subparagraph".

'^

23 USC 101 note.

•

^

23 USC 104note.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR INTERSTATE SYSTEM CONSTRUCTION, The first sentence of subsection (b) of section 108 of the FederalAid Highway Act of 1956 is amended by striking out "and" after "September 30, 1987," and all that follows through the period at the end of such sentence and inserting in lieu thereof the following: "the additional sum of $3,000,000,000 for the fiscal year ending September 30, 1988, the additional sum of $3,150,000,000 for the fiscal year ending September 30, 1989, the additional sum of $3,150,000,000 for the fiscal year ending September 30, 1990, the additional sum of $3,150,000,000 for the fiscal year ending September 30, 1991, the additional sum of $3,150,000,000 for the fiscal year ending September 30, 1992, and the additional sum of $1,400,000,000 for the fiscal year ending September 30, 1993.". SEC. 105. OBLIGATION CEILING. (a) GENERAL LIMITATION.—Notwithstanding any other provision of law (other than subsection (f) of this section), the total of all obligations for Federal-aid highways and highway safety construction programs shall not exceed— (1) $12,350,000,000 for fiscal year 1987; (2) $12,350,000,000 for fiscal year 1988; •(3) $12,350,000,000 for fiscal year 1989; (4) $12,350,000,000 for fiscal year 1990; and '- " (5) $12,350,000,000 for fiscal year 1991. O> EXCEPTIONS.—The limitations under subsection (a) shall not t) apply to obligations— (1) under section 125 of title 23, United States Code; (2) under section 157 of such title; (3) under section 320 of such title; ^

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 PUBLIC LAW 100-17—APR. 2, 1987 /

101 STAT. 143

(4) under section 147 of the Surface Transportation Assistance Act of 1978;

23 USC 144 note.

(5) under section 9 of the Federal-Aid Highway Act of 1981; 95 Stat. 1701. (6) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; 96 Stat. 2119. (7) under section 118 of the National Visitor Center Facilities Act of 1968; and 40 USC 801 note. (8) under section 404 of the Surface Transportation Assistance Act of 1982.

49 USC app.

Such limitations shall also not apply to obligations of funds made 2304. available by subsections (b) and (c) of section 149 of this Act. (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal years 1987, 1988, 1989, 1990, and 1991 the Secretary shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (d) LIMITATION ON OBLIGATION AUTHORITY.—During the

period

October 1 through December 31 of each of fiscal years 1987, 1988, 1989, 1990, and 1991, no State shall obligate more than 35 percent of the amount distributed to such State under subsection (c) for such fiscal year, and the total of all State obligations during such period shall not exceed 25 percent of the total amount distributed to all States under such subsection for such fiscal year. (e) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwith-

standing subsections (c) and (d), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1 of each of fiscal years 1987, 1988, 1989, 1990, and 1991, revise a distribution of the funds made available under subsection (c) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title I 23, United States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation Assistance Act of 1982 and the Federal-Aid 23 USC lOl note. Highway Act of 1981, have experienced substantial proportional 23 USC lOl note, reductions in their apportionments and allocations; and (3) not distribute amounts authorized for administrative expenses, studies under sections 159, 164, 165, and 167 of this Act, Federal lands highways programs, and the strategic highway research program and amounts made available under section 149(d) of this Act. (f) ADDITIONAL OBLIGATION AUTHORITY.—

(1) IN GENERAL.—Subject to paragraph (2), a State which after August 1 and on or before September 30 of fiscal year 1987, 1988, 1989, 1990, or 1991 obligates the amount distributed to

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Page:United States Statutes at Large Volume 101 Part 1.djvu/174

 101 STAT. 144 '^-.;j,i-, s < „ ^
 * „;.,•:.-;;u

).

,,.";-*.-, i 'I " > ^ ?;:

PUBLIC LAW 100-17—APR. 2, 1987 such State in such fiscal year under subsections (c) and (e) may obligate for Federal-aid highways and highway safety construction on or before September 30 of such fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State— ^.:, (A) under sections 104, 130, 144, and 152 of title 23, United States Code, and r* " (B) for highway assistance projects under section 103(e)(4) of such title, which are not obligated on the date such State completes obligation of the amount so distributed. (2) LIMITATION ON ADDITIONAL OBLIGATION AUTHORITY.—

During the period August 2 through September 30 of each of fiscal years 1987, 1988, 1989, 1990, and 1991, the aggregate amount which may be obligated by all States pursuant to paragraph (1) shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States— (A) under sections 104, 130, 144, and 152 of title 23, t;.ii i; United States Code, and (B) for highway assistance projects under section 103(e)(4)

of such title, which would not be obligated in such fiscal year if the total amount of obligational authority provided by subsection (a) for such fiscal year were utilized. (3) LIMITATION ON APPLICABILITY.—Paragraph (1) shall not . apply to any State which on or after August 1 of fiscal year 1987, 1988, 1989, 1990, or 1991, as the case may be, has the -«; amount distributed to such State under subsection (c) for such fiscal year reduced under subsection (e)(2). (g) OBLIGATION CEILING FOR HIGHWAY SAFETY PROGRAMS.—Not-

withstanding any other provision of law, the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (h) CONFORMING AMENDMENT.—Section 1570t>) of title 23, United States Code, is amended by striking out the period at the end of the last sentence and inserting in lieu thereof "and section 105(c) of the Federal-Aid Highway Act of 1987.". SEC. 106. AUTHORIZATION OF APPROPRIATIONS. (a) FROM THE HIGHWAY TRUST FUND.—For the purpose of carrying

.1.,s,

(•

out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) INTERSTATE 4R PROGRAM.—For resurfacing, restoring, re,,^ habilitating, and reconstructing the National System of Interstate and Defense Highways $2,815,000,000 per fiscal year for each of fiscal years 1988, 1989, 1990, 1991, and 1992. (2) FEDERAL-AID PRIMARY SYSTEM.—For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes $2,325,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (3) FEDERAL-AID SECONDARY SYSTEM.—For the Federal-aid secondary system in rural areas $600,000,000 per fiscal year for J each of fiscal years 1987, 1988, 1989, 1990. and 1991.

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 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 145

(4) FEDERAL-AID URBAN SYSTEM.—For the Federal-aid urban system $750,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (5) BRIDGE REPLACEMENT AND REHABILITATION.—For bridge

' '

replacement and rehabilitation under section 144, $1,630,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (6) ELIMINATION OF HAZARDS.—For projects for elimination of

i ^

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ff

hazards under section 152, $170,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (7) INDIAN RESERVATION ROADS.—For Indian reservation roads $80,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (8) FOREST HIGHWAYS.—For forest highways $55,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (9) PUBLIC LANDS HIGHWAYS.—For public lands highways $40,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (10) PARKWAYS AND PARK HIGHWAYS.—For parkways and park highways $60,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (11) FHWA HIGHWAY SAFETY PROGRAMS.—For carrying out section 402 by the Federal Highway Administration $10,000,000 for fiscal years 1987, 1988, 1989, 1990, and 1991.

-^^^ ^ i-^ ^^ '

(12) F H W A HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—

For carrying out sections 307(a) and 403 by the Federal Highway Administration $10,000,000 per fiscal year for fiscal years 1987, 1988, 1989, 1990, and 1991. (13) RAILROAD-HIGHWAY CROSSINGS.—For carrying out projects

for the elimination of railway-highway crossings on any public road, $160,000,000 for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (b) TRANSPORTATION OF CERTAIN NUCLEAR WASTE.—There is au-

thorized to be appropriated for fiscal years beginning after September 30, 1986, $58,000,000, to remain available until expended, for the upgrading of certain highways in the State of New Mexico for the transportation of nuclear waste generated during defense-related activities. (c) DISADVANTAGED BUSINESS ENTERPRISES.— (1) GENERAL RULE.—Except to the extent that the Secretary

'

determines otherwise, not less than 10 percent of the amounts authorized to be appropriated under titles I and III of this Act or obligated under titles I, II, and III (other than section 203) of the Surface Transportation Assistance Act of 1982 after the date 23 USC lOl, 401; of the enactment of this Act shall be expended with small 49 USC app. 1601 business concerns owned and controlled by socially and gisg' ^^* economically disadvantaged individuals. (2) DEFINITIONS.—For purposes of this subsection— (A) SMALL BUSINESS CONCERN.—The term "small business concern" has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $14,000,000, as adjusted by the Secretary for inflation.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/176

 101 STAT, 146

PUBLIC LAW 100-17—APR. 2, 1987 ,.^

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVID-

UALS.—The term "socially and economically disadvantaged individuals" has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

^,,j,j, ,. (3)

96 Stat. 2100.

ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-

PRISES.—Each State shall annually survey and compile a list of the small business concerns referred to in paragraph (1) and the location of such concerns in the State. (4) UNIFORM CERTIFICATION.—The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but ^,; not be limited to on-site visits, personal interviews, licenses,
 * >< analysis of stock ownership, listing of equipment, analysis of

bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. (5) APPLICABILITY.—Section 105(f) of the Surface Transportation Assistance Act of 1982 shall not apply to amounts authorized under such Act and obligated after the date of the enactment of this Act. SEC. 107. FEDERAL-AID PRIMARY FORMULA. Section 108 of the Highway Improvement Act of 1982 (23 U.S.C. 104 note) is amended by striking out "and 1986" each place it appears and inserting in lieu thereof "1986, 1987, 1988, 1989, 1990, and 1991". SEC. 108. ELIMINATION OF ROADSIDE OBSTACLES.

The second undesignated paragraph of section 101(a) of title 23, United States Code, relating to the definition of construction, is amended by inserting after "grade crossings," the following: "elimination of roadside obstacles,". SEC. 109. EMERGENCY CALL BOXES.

The tenth undesignated paragraph of section 101(a) of title 23, United States Code, relating to the definition of highway safety improvement project, is amended by inserting after "pavement marking," the following: "installs or replaces emergency motoristaid call boxes,". SEC. 110. VENDING MACHINES AND STATE POLICE BARRACKS.

(a) VENDING MACHINES.—Section 111 of title 23, United States Code, is amended by inserting "(a) IN GENERAL.—" before "All agreements" and by adding at the end thereof the following new subsection: "(b) VENDING MACHINES.—Notwithstanding subsection (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in such State. Such vending machines may only dispense such food, drink, and other articles as the State highway department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State

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