    [Congressional Bills 105th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2400 Engrossed Amendment Senate (EAS)]

                      In the Senate of the United States,

                                                             April 2, 1998.
          Resolved, That the bill from the House of Representatives (H.R.
    2400) entitled ``An Act to authorize funds for Federal-aid highways,
    highway safety programs, and transit programs, and for other
    purposes.'', do pass with the following

                                   AMENDMENT:

                Strike out all after the enacting clause and insert:

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Intermodal Surface
    Transportation Efficiency Act of 1998''.
        (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Definition.

                        TITLE I--SURFACE TRANSPORTATION

    Sec. 1001. Short title.

                         Subtitle A--General Provisions

    Sec. 1101. Authorizations.
    Sec. 1102. Apportionments.
    Sec. 1103. Obligation ceiling.
    Sec. 1104. Obligation authority under surface transportation program.
    Sec. 1105. Emergency relief.
    Sec. 1106. Federal lands highways program.
    Sec. 1107. Recreational trails program.
    Sec. 1108. Value pricing pilot program.
    Sec. 1109. Highway use tax evasion projects.
    Sec. 1110. Bicycle transportation and pedestrian walkways.
    Sec. 1111. Disadvantaged business enterprises.
    Sec. 1112. Federal share payable.
    Sec. 1113. Studies and reports.
    Sec. 1114. Definitions.
    Sec. 1115. Cooperative Federal Lands Transportation Program.
    Sec. 1116. Trade corridor and border crossing planning and border
                                infrastructure.
    Sec. 1117. Appalachian development highway system.
    Sec. 1118. Interstate 4R and bridge discretionary program.
    Sec. 1119. Magnetic levitation transportation technology deployment
                                program.
    Sec. 1120. Woodrow Wilson Memorial Bridge.
    Sec. 1121. National Highway System components.
    Sec. 1122. Highway bridge replacement and rehabilitation.
    Sec. 1123. Congestion mitigation and air quality improvement program.
    Sec. 1124. Safety belt use law requirements.
    Sec. 1125. Sense of the Senate concerning reliance on private
                                enterprise.
    Sec. 1126. Study of use of uniformed police officers on Federal-aid
                                highway construction projects.
    Sec. 1127. Contracting for engineering and design services.
    Sec. 1128. Additional funding.
    Sec. 1129. Ambassador Bridge access, Detroit, Michigan.
    Sec. 1130. Transportation assistance for Olympic cities.
    Sec. 1131. National defense highways outside the United States.
    Sec. 1132. National historic covered bridge preservation.

                Subtitle B--Program Streamlining and Flexibility

                         Chapter 1--General Provisions

    Sec. 1201. Administrative expenses.
    Sec. 1202. Real property acquisition and corridor preservation.
    Sec. 1203. Availability of funds.
    Sec. 1204. Payments to States for construction.
    Sec. 1205. Proceeds from the sale or lease of real property.
    Sec. 1206. Metric conversion at State option.
    Sec. 1207. Report on obligations.
    Sec. 1208. Terminations.
    Sec. 1209. Interstate maintenance.
    Sec. 1210. Engineering cost reimbursement.

                          Chapter 2--Project Approval

    Sec. 1221. Transfer of highway and transit funds.
    Sec. 1222. Project approval and oversight.
    Sec. 1223. Surface transportation program.
    Sec. 1224. Design-build contracting.
    Sec. 1225. Integrated decisionmaking process.

                     Chapter 3--Eligibility and Flexibility

    Sec. 1231. Definition of operational improvement.
    Sec. 1232. Eligibility of ferry boats and ferry terminal facilities.
    Sec. 1233. Flexibility of safety programs.
    Sec. 1234. Eligibility of projects on the National Highway System.
    Sec. 1235. Eligibility of projects under the surface transportation
                                program.
    Sec. 1236. Design flexibility.

                              Subtitle C--Finance

                         Chapter 1--General Provisions

    Sec. 1301. State infrastructure bank program.

        Chapter 2--Transportation Infrastructure Finance and Innovation

    Sec. 1311. Short title.
    Sec. 1312. Findings.
    Sec. 1313. Establishment of program.
    Sec. 1314. Office of Infrastructure Finance.

                               Subtitle D--Safety

    Sec. 1401. Operation lifesaver.
    Sec. 1402. Railway-highway crossing hazard elimination in high speed
                                rail corridors.
    Sec. 1403. Railway-highway crossings.
    Sec. 1404. Hazard elimination program.
    Sec. 1405. Minimum penalties for repeat offenders for driving while
                                intoxicated or driving under the influence.
    Sec. 1406. Safety incentive grants for use of seat belts.
    Sec. 1407. Automatic crash protection unbelted testing standard.
    Sec. 1408. National standard to prohibit operation of motor vehicles by
                                intoxicated individuals.
    Sec. 1409. Open container laws.
    Sec. 1410. Report on effects of allowing heavier weight vehicles on
                                certain highways.

                            Subtitle E--Environment

    Sec. 1501. National scenic byways program.
    Sec. 1502. Public-private partnerships.
    Sec. 1503. Wetland restoration pilot program.

                              Subtitle F--Planning

    Sec. 1601. Metropolitan planning.
    Sec. 1602. Statewide planning.
    Sec. 1603. Advanced travel forecasting procedures program.
    Sec. 1604. Transportation and community and system preservation pilot
                                program.

                       Subtitle G--Technical Corrections

    Sec. 1701. Federal-aid systems.
    Sec. 1702. Miscellaneous technical corrections.
    Sec. 1703. Nondiscrimination.
    Sec. 1704. State transportation department.

                      Subtitle H--Miscellaneous Provisions

    Sec. 1801. Designation of portion of State Route 17 in New York and
                                Pennsylvania as Interstate Route 86.
    Sec. 1802. Identification of high priority corridor routes in
                                Louisiana.
    Sec. 1803. Sense of Senate concerning the operation of longer
                                combination vehicles.
    Sec. 1804. International Bridge, Sault Ste. Marie, Michigan.
    Sec. 1805. Amendment to National Trails System Act.
    Sec. 1806. Amendments to title 23.
    Sec. 1807. Limitations.
    Sec. 1808. Additional qualified expenses available to nonamtrak States.
    Sec. 1809. Continuance of commercial operations at certain service
                                plazas in the State of Maryland.
    Sec. 1810. Pennsylvania Station Redevelopment Corporation Board of
                                Directors.
    Sec. 1811. Union Station Redevelopment Corporation Board of Directors.
    Sec. 1812. Additions to Appalachian region.
    Sec. 1813. Southwest border transportation infrastructure assessment.
    Sec. 1814. Modification of high priority coridor.
    Sec. 1815. Designation of corridors in Mississippi and Alabama as
                                routes on the interstate system.
    Sec. 1816. Reauthorization of ferry and ferry terminal program.
    Sec. 1817. Report on utilization potential.

                       TITLE II--RESEARCH AND TECHNOLOGY

                       Subtitle A--Research and Training

    Sec. 2001. Strategic research plan.
    Sec. 2002. Multimodal Transportation Research and Development Program.
    Sec. 2003. National university transportation centers.
    Sec. 2004. Bureau of Transportation Statistics.
    Sec. 2005. Research and technology program.
    Sec. 2006. Advanced research program.
    Sec. 2007. Long-term pavement performance program.
    Sec. 2008. State planning and research program.
    Sec. 2009. Education and training.
    Sec. 2010. International highway transportation outreach program.
    Sec. 2011. National technology deployment initiatives and partnerships
                                program.
    Sec. 2012. Infrastructure investment needs report.
    Sec. 2013. Innovative bridge research and construction program.
    Sec. 2014. Use of Bureau of Indian Affairs administrative funds.
    Sec. 2015. Study of future strategic highway research program.
    Sec. 2016. Advanced vehicle technologies program.
    Sec. 2017. Transportation and environment cooperative research program.
    Sec. 2018. Recycled Materials Resource Center.
    Sec. 2019. Conforming amendments.
    Sec. 2020. Remote sensing and spatial information technologies.

                 Subtitle B--Intelligent Transportation Systems

    Sec. 2101. Short title.
    Sec. 2102. Findings.
    Sec. 2103. Intelligent transportation systems.
    Sec. 2104. Conforming amendment.

                              Subtitle C--Funding

    Sec. 2201. Funding.

        TITLE III--INTERMODAL TRANSPORTATION SAFETY AND RELATED MATTERS

    Sec. 3001. Short title.
    Sec. 3002. Amendment of title 49, United States Code.

                           Subtitle A--Highway Safety

    Sec. 3101. Highway safety programs.
    Sec. 3102. National driver register.
    Sec. 3103. Authorizations of appropriations.
    Sec. 3104. Motor vehicle pursuit program.
    Sec. 3105. Enforcement of window glazing standards for light
                                transmission.
    Sec. 3106. Improving air bag safety.
    Sec. 3107. Roadside safety technologies.

         Subtitle B--Hazardous Materials Transportation Reauthorization

    Sec. 3201. Findings and purposes; definitions.
    Sec. 3202. Handling criteria repeal.
    Sec. 3203. Hazmat employee training requirements.
    Sec. 3204. Registration.
    Sec. 3205. Shipping paper retention.
    Sec. 3206. Public sector training curriculum.
    Sec. 3207. Planning and training grants.
    Sec. 3208. Special permits, pilot programs, and exclusions.
    Sec. 3209. Administration.
    Sec. 3210. Cooperative agreements.
    Sec. 3211. Enforcement.
    Sec. 3212. Penalties.
    Sec. 3213. Preemption.
    Sec. 3214. Judicial review.
    Sec. 3215. Hazardous material transportation reauthorization.
    Sec. 3216. Authorization of appropriations.

                Subtitle C--Comprehensive One-Call Notification

    Sec. 3301. Findings.
    Sec. 3302. Establishment of one-call notification programs.

                        Subtitle D--Motor Carrier Safety

    Sec. 3401. Statement of purposes.
    Sec. 3402. Grants to States.
    Sec. 3403. Federal share.
    Sec. 3404. Authorization of appropriations.
    Sec. 3405. Information systems and strategic safety initiatives.
    Sec. 3406. Improved flow of driver history pilot program.
    Sec. 3407. Motor carrier and driver safety research.
    Sec. 3408. Authorization of appropriations.
    Sec. 3409. Conforming amendments.
    Sec. 3410. Automobile transporter defined.
    Sec. 3411. Repeal of review panel; review procedure.
    Sec. 3412. Commercial motor vehicle operators.
    Sec. 3413. Penalties.
    Sec. 3414. International registration plan and international fuel tax
                                agreement.
    Sec. 3415. Study of adequacy of parking facilities.
    Sec. 3416. Application of regulations.
    Sec. 3417. Authority over charter bus transportation.
    Sec. 3418. Federal motor carrier safety investigations.
    Sec. 3419. Foreign motor carrier safety fitness.
    Sec. 3420. Commercial motor vehicle safety advisory committee.
    Sec. 3421. Waivers; exemptions; pilot programs.
    Sec. 3422. Commercial motor vehicle safety studies.
    Sec. 3423. Increased MCSAP participation impact study.
    Sec. 3424. Exemption from certain regulations for utility service
                                commercial motor vehicle drivers.
    Sec. 3425. School transportation safety.

        Subtitle E--Rail and Mass Transportation Anti-Terrorism; Safety

    Sec. 3501. Purpose.
    Sec. 3502. Amendments to the ``wrecking trains'' statute.
    Sec. 3503. Terrorist attacks against mass transportation.
    Sec. 3504. Investigative jurisdiction.
    Sec. 3505. Safety considerations in grants or loans to commuter
                                railroads.
    Sec. 3506. Railroad accident and incident reporting.
    Sec. 3507. Mass transportation buses.

                  Subtitle F--Sportfishing and Boating Safety

    Sec. 3601. Amendment of 1950 Act.
    Sec. 3602. Outreach and communications programs.
    Sec. 3603. Clean Vessel Act funding.
    Sec. 3604. Boating infrastructure.
    Sec. 3605. Boat safety funds.

                           Subtitle G--Miscellaneous

    Sec. 3701. Light density rail line pilot projects.
    Sec. 3702. Section 1407.
    Sec. 3703. Designation of New Mexico commercial zone.

                TITLE IV--OZONE AND PARTICULATE MATTER STANDARDS

    Sec. 4101. Findings and purpose.
    Sec. 4102. Particulate matter monitoring program.
    Sec. 4103. Ozone designation requirements.
    Sec. 4104. Additional provisions.

                             TITLE V--MASS TRANSIT

    Sec. 5001. Short title.
    Sec. 5002. Authorizations.
    Sec. 5003. Capital projects and small area flexibility.
    Sec. 5004. Metropolitan planning.
    Sec. 5005. Metropolitan planning organizations.
    Sec. 5006. Fare box revenues.
    Sec. 5007. Clean fuels formula grant program.
    Sec. 5008. Capital investment grants and loans.
    Sec. 5009. Transit supportive land use.
    Sec. 5010. New starts.
    Sec. 5011. Joint partnership for deployment of innovation.
    Sec. 5012. Workplace safety.
    Sec. 5013. University transportation centers.
    Sec. 5014. Job access and reverse commute grants.
    Sec. 5015. Grant requirements.
    Sec. 5016. HHS and public transit service.
    Sec. 5017. Proceeds from the sale of transit assets.
    Sec. 5018. Operating assistance for small transit authorities in large
                                urbanized areas.
    Sec. 5019. Apportionment of appropriations for fixed guideway
                                modernization.
    Sec. 5020. Urbanized area formula study.
    Sec. 5021. Intercity rail infrastructure investment from mass transit
                                account of highway trust fund.
    Sec. 5022. New start rating and evaluation.

                               TITLE VI--REVENUE

    Sec. 6001. Short title; amendment of 1986 Code.
    Sec. 6002. Extension and modification of highway-related taxes and
                                trust fund.
    Sec. 6003. Mass Transit Account.
    Sec. 6004. Tax-exempt financing of qualified highway infrastructure
                                construction.
    Sec. 6005. Repeal of 1.25 cent tax rate on rail diesel fuel.
    Sec. 6006. Election to receive taxable cash compensation in lieu of
                                nontaxable qualified transportation fringe
                                benefits.
    Sec. 6007. Tax treatment of certain Federal participation payments.
    Sec. 6008. Delay in effective date of new requirement for approved
                                diesel or kerosene terminals.
    Sec. 6009. Repeal of certain limitation on expenditures.

    SEC. 2. DEFINITION.

        In this Act, the term ``Secretary'' means the Secretary of
    Transportation.

                        TITLE I--SURFACE TRANSPORTATION

    SEC. 1001. SHORT TITLE.

        This title may be cited as the ``Surface Transportation Act of
    1998''.

                         Subtitle A--General Provisions

    SEC. 1101. AUTHORIZATIONS.

        (a) In General.--For the purpose of carrying out title 23, United
    States Code, the following sums shall be available from the Highway
    Trust Fund (other than the Mass Transit Account):
                (1) Interstate and national highway system program.--For
            the Interstate and National Highway System program under
            section 103 of that title $11,977,000,000 for fiscal year 1998,
            $11,949,000,000 for fiscal year 1999, $11,922,000,000 for
            fiscal year 2000, $11,950,000,000 for fiscal year 2001,
            $12,242,000,000 for fiscal year 2002, and $12,659,000,000 for
            fiscal year 2003, of which--
                        (A) $4,600,000,000 for fiscal year 1998,
                    $4,609,000,000 for fiscal year 1999, $4,637,000,000 for
                    fiscal year 2000, $4,674,000,000 for fiscal year 2001,
                    $4,773,000,000 for fiscal year 2002, and $4,918,000,000
                    for fiscal year 2003 shall be available for the
                    Interstate maintenance component; and
                        (B) $1,400,000,000 for fiscal year 1998,
                    $1,403,000,000 for fiscal year 1999, $1,411,000,000 for
                    fiscal year 2000, $1,423,000,000 for fiscal year 2001,
                    $1,453,000,000 for fiscal year 2002, and $1,497,000,000
                    for fiscal year 2003 shall be available for the
                    Interstate bridge component.
                (2) Surface transportation program.--For the surface
            transportation program under section 133 of that title
            $7,000,000,000 for fiscal year 1998, $7,014,000,000 for fiscal
            year 1999, $7,056,000,000 for fiscal year 2000, $7,113,000,000
            for fiscal year 2001, $7,263,000,000 for fiscal year 2002, and
            $7,484,000,000 for fiscal year 2003.
                (3) Congestion mitigation and air quality improvement
            program.--For the congestion mitigation and air quality
            improvement program under section 149 of that title
            $1,150,000,000 for fiscal year 1998, $1,152,000,000 for fiscal
            year 1999, $1,159,000,000 for fiscal year 2000, $1,169,000,000
            for fiscal year 2001, $1,193,000,000 for fiscal year 2002, and
            $1,230,000,000 for fiscal year 2003.
                (4) Federal lands highways program.--
                        (A) Indian reservation roads.--For Indian
                    reservation roads under section 204 of that title
                    $200,000,000 for each of fiscal years 1998 through
                    2003.
                        (B) Parkways and park roads.--For parkways and park
                    roads under section 204 of that title $90,000,000 for
                    each of fiscal years 1998 through 2003.
                        (C) Public lands highways.--For public lands
                    highways under section 204 of that title $172,000,000
                    for each of fiscal years 1998 through 2003.
        (b) Reduction for Amounts Made Available for Fiscal Year 1998 Under
    Surface Transportation Extension Act of 1997.--Notwithstanding any
    other provision of this Act, the Secretary shall reduce the amounts
    made available under this section, other provisions of this Act, and
    the amendments made by this Act for fiscal year 1998 by the amounts
    made available under the Surface Transportation Extension Act of 1997
    (Public Law 105-130) in the following manner:
                (1) Interstate maintenance.--
                        (A) Reduction.--The amount made available to each
                    State under the Interstate maintenance component of the
                    Interstate and National Highway System program under
                    section 104(b)(1)(A) of title 23, United States Code,
                    shall be reduced by the amount made available to the
                    State under section 2 of the Surface Transportation
                    Extension Act of 1997 (23 U.S.C. 104 note; 111 Stat.
                    2552) (and the amendments made by that Act)
                    (collectively referred to in this subsection as
                    ``STEA'') for the Interstate maintenance program.
                        (B) Insufficient interstate maintenance funds.--
                    If--
                                (i) the amount made available to the State
                            under section 2 of STEA for the Interstate
                            maintenance program; exceeds
                                (ii) the amount made available to the State
                            under the Interstate maintenance component
                            under section 104(b)(1)(A) of title 23, United
                            States Code;
                    then, after the reduction required by subparagraph (A)
                    is made, the amount made available to the State under
                    the Interstate bridge and other National Highway System
                    components of the Interstate and National Highway
                    System program under subparagraphs (B) and (C) of
                    section 104(b)(1) of that title shall be reduced by the
                    amount of the excess.
                (2) Bridges.--The amount made available to each State under
            the Interstate bridge and other National Highway System
            components of the Interstate and National Highway System
            program under subparagraphs (B) and (C) of section 104(b)(1) of
            title 23, United States Code, shall be reduced by the amount
            made available to the State under section 2 of STEA for the
            bridge program.
                (3) National highway system.--The amount made available to
            each State under the Interstate bridge and other National
            Highway System components of the Interstate and National
            Highway System program under subparagraphs (B) and (C) of
            section 104(b)(1) of title 23, United States Code, shall be
            reduced by the amount made available to the State under section
            2 of STEA for the National Highway System.
                (4) Congestion mitigation and air quality improvement
            program.--The amount made available to each State for the
            congestion mitigation and air quality improvement program under
            section 104(b)(2) of title 23, United States Code, shall be
            reduced by the amount made available to the State under section
            2 of STEA for the congestion mitigation and air quality
            improvement program.
                (5) Metropolitan planning.--The amount made available to
            each State for metropolitan planning under section 104(f) of
            title 23, United States Code, shall be reduced by the amount
            made available to the State under section 5 of STEA for
            metropolitan planning.
                (6) Surface transportation program.--
                        (A) Safety programs.--
                                (i) Reduction.--The amount set aside for
                            safety programs from the amount made available
                            to each State for the surface transportation
                            program under section 104(b)(3) of title 23,
                            United States Code, shall be reduced by the
                            amount set aside for safety programs from the
                            amount made available to the State under
                            section 2 of STEA for the surface
                            transportation program, minimum allocation,
                            Interstate reimbursement, the donor State
                            bonus, hold harmless, and 90 percent of
                            payments adjustments.
                                (ii) Insufficient safety program funds.--
                            If--
                                        (I) the amount set aside for safety
                                    programs from the amount made available
                                    to the State under section 2 of STEA
                                    for the surface transportation program,
                                    minimum allocation, Interstate
                                    reimbursement, the donor State bonus,
                                    hold harmless, and 90 percent of
                                    payments adjustments; exceeds
                                        (II) the amount set aside for
                                    safety programs from the amount made
                                    available to the State for the surface
                                    transportation program under section
                                    104(b)(3) of title 23, United States
                                    Code;
                            then, after the reduction required by clause
                            (i) is made, the amount made available to the
                            State for the surface transportation program
                            under section 104(b)(3), other than the amounts
                            set aside or suballocated under section 133(d)
                            or 505 of that title, shall be reduced by the
                            amount of the excess.
                        (B) Transportation enhancement activities.--
                                (i) Reduction.--The amount set aside for
                            transportation enhancement activities from the
                            amount made available to each State for the
                            surface transportation program under section
                            104(b)(3) of title 23, United States Code,
                            shall be reduced by the amount set aside for
                            transportation enhancement activities from the
                            amount made available to the State under
                            section 2 of STEA for the surface
                            transportation program, minimum allocation,
                            Interstate reimbursement, the donor State
                            bonus, hold harmless, and 90 percent of
                            payments adjustments.
                                (ii) Insufficient transportation
                            enhancement funds.--If--
                                        (I) the amount set aside for
                                    transportation enhancement activities
                                    from the amount made available to the
                                    State under section 2 of STEA for the
                                    surface transportation program, minimum
                                    allocation, Interstate reimbursement,
                                    the donor State bonus, hold harmless,
                                    and 90 percent of payments adjustments;
                                    exceeds
                                        (II) the amount set aside for
                                    transportation enhancement activities
                                    from the amount made available to the
                                    State for the surface transportation
                                    program under section 104(b)(3) of
                                    title 23, United States Code;
                            then, after the reduction required by clause
                            (i) is made, the amount made available to the
                            State for the surface transportation program
                            under section 104(b)(3), other than the amounts
                            set aside or suballocated under section 133(d)
                            or 505 of that title, shall be reduced by the
                            amount of the excess.
                        (C) Suballocation by population.--The total of--
                                (i) the amount suballocated by population
                            from the amount made available to each State
                            for the surface transportation program under
                            section 104(b)(3) of title 23, United States
                            Code;
                                (ii) the amount suballocated by population
                            from the amount made available to the State for
                            ISTEA transition under section 1102(c); and
                                (iii) the amount suballocated by population
                            from the amount made available to the State for
                            minimum guarantee under section 105 of that
                            title;
                    shall be reduced by the amount suballocated by
                    population from the amount made available to the State
                    under section 2 of STEA for the surface transportation
                    program, minimum allocation, Interstate reimbursement,
                    the donor State bonus, hold harmless, and 90 percent of
                    payments adjustments.
                        (D) Surface transportation program flexible funds;
                    interstate reimbursement; equity adjustments.--
                                (i) Reduction.--The total of--
                                        (I) the amount made available to
                                    each State for the surface
                                    transportation program under section
                                    104(b)(3) of title 23, United States
                                    Code, other than the amounts set aside
                                    or suballocated under section 133(d) or
                                    505 of that title;
                                        (II) the amount made available to
                                    the State for ISTEA transition under
                                    section 1102(c), other than the amounts
                                    subject to section 133(d)(3) or 505 of
                                    that title; and
                                        (III) the amount made available to
                                    the State for minimum guarantee under
                                    section 105 of that title, other than
                                    the amount subject to section 133(d)(3)
                                    of that title;
                            shall be reduced by the amount made available
                            to the State under section 2 of STEA for the
                            surface transportation program, minimum
                            allocation, Interstate reimbursement, the donor
                            State bonus, hold harmless, and 90 percent of
                            payments adjustments, other than the amounts
                            set aside or suballocated under section 133(d)
                            or 307(c) (as in effect on the day before the
                            date of enactment of this Act) of that title.
                                (ii) Insufficient surface transportation
                            program flexible, istea transition, and minimum
                            guarantee funds.--If--
                                        (I) the amount made available to
                                    the State under section 2 of STEA for
                                    the surface transportation program,
                                    minimum allocation, Interstate
                                    reimbursement, the donor State bonus,
                                    hold harmless, and 90 percent of
                                    payments adjustments, other than the
                                    amounts set aside or suballocated under
                                    section 133(d) or 307(c) (as in effect
                                    on the day before the date of enactment
                                    of this Act) of that title; exceeds
                                        (II) the sum of the amounts
                                    described in subclauses (I) through
                                    (III) of clause (i), after application
                                    of the preceding provisions of this
                                    subsection;
                            then, after the reduction required by clause
                            (i) is made, the amount made available under
                            the Interstate bridge and other National
                            Highway System components of the Interstate and
                            National Highway System program under
                            subparagraphs (B) and (C) of section 104(b)(1)
                            of that title shall be reduced by the amount of
                            the excess.
                (7) Funding restoration; istea sections 1103-1108 funds;
            state planning and research.--
                        (A) Reduction.--The amount made available to each
                    State for the surface transportation program under
                    section 104(b)(3) of title 23, United States Code,
                    other than the amounts set aside or suballocated under
                    section 133(d) or 505 of that title, shall be reduced
                    by the sum of--
                                (i) the amount made available to the State
                            for funding restoration under section 2 of
                            STEA;
                                (ii) the amount equal to the funds provided
                            to the State under sections 1103 through 1108
                            of the Intermodal Surface Transportation
                            Efficiency Act of 1991 (105 Stat. 2027) under
                            section 2 of STEA; and
                                (iii) the amount made available from the
                            surface transportation program under section
                            104(b)(3) of that title for State planning and
                            research under section 307(c) of that title (as
                            in effect on the day before the date of
                            enactment of this Act) for fiscal year 1998.
                        (B) Insufficient surface transportation program
                    flexible funds.--If--
                                (i) the sum of the amounts described in
                            clauses (i) through (iii) of subparagraph (A);
                            exceeds
                                (ii) the amount made available to each
                            State for the surface transportation program
                            under section 104(b)(3) of title 23, United
                            States Code, other than the amounts set aside
                            or suballocated under section 133(d) or 505 of
                            that title, after application of the preceding
                            provisions of this subsection;
                    then, after the reduction required by subparagraph (A)
                    is made, the amount made available under the Interstate
                    bridge and other National Highway System components of
                    the Interstate and National Highway System program
                    under subparagraphs (B) and (C) of section 104(b)(1) of
                    that title shall be reduced by the amount of the
                    excess.
                (8) Additional allocation.--The amount made available to
            each State for the surface transportation program under section
            104(b)(3) of title 23, United States Code, that remains
            available after the set-asides required by section 133(d) of
            that title shall be reduced by the amount made available to the
            State under section 2 of STEA for section 1015(c) of the
            Intermodal Surface Transportation Efficiency Act of 1991 (105
            Stat. 1944).
                (9) Administrative expenses.--
                        (A) Federal highway administration.--The amount
                    made available for administrative expenses under
                    section 104(a) of title 23, United States Code, shall
                    be reduced by the amount made available under section
                    4(a)(2) of STEA.
                        (B) Woodrow wilson memorial bridge.--The amount
                    made available under section 412 of the Woodrow Wilson
                    Memorial Bridge Authority Act of 1995 shall be reduced
                    by the amount made available under section 4(a)(3) of
                    STEA.
                        (C) Bureau of transportation statistics.--The
                    amount made available under section 111(m) of title 49,
                    United States Code, shall be reduced by the amount made
                    available under section 4(b) of STEA.
                (10) Federal lands highways program.--
                        (A) Indian reservation roads.--The amount made
                    available for Indian reservation roads under section
                    204 of title 23, United States Code, shall be reduced
                    by the amount made available under section 5(a)(1) of
                    STEA.
                        (B) Public lands highways.--The amount made
                    available for public lands highways under section 204
                    of title 23, United States Code, shall be reduced by
                    the amount made available under section 5(a)(2) of
                    STEA.
                        (C) Parkways and park roads.--The amount made
                    available for parkways and park roads under section 204
                    of title 23, United States Code, shall be reduced by
                    the amount made available under section 5(a)(3) of
                    STEA.
                (11) Recreational trails program.--The amount made
            available for the recreational trails program under section 206
            of title 23, United States Code, shall be reduced by the amount
            made available under section 5(b) of STEA.
                (12) Highway use tax evasion projects.--The amount made
            available for highway use tax evasion projects under section
            143 of title 23, United States Code, shall be reduced by the
            amount made available under section 5(c)(1) of STEA.
                (13) National scenic byways program.--The amount made
            available for the national scenic byways program under section
            165 of title 23, United States Code, shall be reduced by the
            amount made available under section 5(c)(2) of STEA.
                (14) Intelligent transportation systems.--The amount made
            available for intelligent transportation systems under
            subchapter II of chapter 5 of title 23, United States Code,
            shall be reduced by the amount made available under by section
            5(d) of STEA.
                (15) Surface transportation research.--
                        (A) Operation lifesaver.--The amount made available
                    for operation lifesaver under section 104(d)(1) of
                    title 23, United States Code, shall be reduced by the
                    amount made available under section 5(e)(1) of STEA.
                        (B) Dwight david eisenhower transportation
                    fellowship program.--The amount made available for the
                    Dwight David Eisenhower Transportation Fellowship
                    Program under section 506(c) of title 23, United States
                    Code, shall be reduced by the amount made available
                    under section 5(e)(2) of STEA.
                        (C) National highway institute.--The amount made
                    available for the National Highway Institute under
                    section 506(b) of title 23, United States Code, shall
                    be reduced by the amount made available under section
                    5(e)(3) of STEA.
                (16) Education and training.--The amount made available for
            education and training under section 506(a) of title 23, United
            States Code, shall be reduced by the amount made available
            under section 5(e)(4) of STEA.
                (17) Territories.--The amount made available for the Virgin
            Islands, Guam, American Samoa, and the Commonwealth of the
            Northern Mariana Islands under section 104(b)(1)(C)(i) of title
            23, United States Code, shall be reduced by the amount made
            available under section 5(g) of STEA.

    SEC. 1102. APPORTIONMENTS.

        (a) In General.--Section 104 of title 23, United States Code, is
    amended by striking subsection (b) and inserting the following:
        ``(b) Apportionments.--On October 1 of each fiscal year, the
    Secretary, after making the deduction authorized by subsection (a) and
    the set-asides authorized by subsection (f) and section 207(f), shall
    apportion the remainder of the sums made available for expenditure on
    the Interstate and National Highway System program, the congestion
    mitigation and air quality improvement program, and the surface
    transportation program, for that fiscal year, among the States in the
    following manner:
                ``(1) Interstate and national highway system program.--
                        ``(A) Interstate maintenance component.--For
                    resurfacing, restoring, rehabilitating, and
                    reconstructing the Interstate System--
                                ``(i) 50 percent in the ratio that--
                                        ``(I) the total lane miles on
                                    Interstate System routes designated
                                    under--
                                                ``(aa) section 103;
                                                ``(bb) section 139(a) (as
                                            in effect on the day before the
                                            date of enactment of the
                                            Intermodal Surface
                                            Transportation Efficiency Act
                                            of 1998) before March 9, 1984
                                            (other than routes on toll
                                            roads not subject to a
                                            Secretarial agreement under
                                            section 105 of the Federal-Aid
                                            Highway Act of 1978 (92 Stat.
                                            2692)); and
                                                ``(cc) section 139(c) (as
                                            in effect on the day before the
                                            date of enactment of the
                                            Intermodal Surface
                                            Transportation Efficiency Act
                                            of 1998);
                                    in each State; bears to
                                        ``(II) the total of all such lane
                                    miles in all States; and
                                ``(ii) 50 percent in the ratio that--
                                        ``(I) the total vehicle miles
                                    traveled on lanes on Interstate System
                                    routes designated under--
                                                ``(aa) section 103;
                                                ``(bb) section 139(a) (as
                                            in effect on the day before the
                                            date of enactment of the
                                            Intermodal Surface
                                            Transportation Efficiency Act
                                            of 1998) before March 9, 1984
                                            (other than routes on toll
                                            roads not subject to a
                                            Secretarial agreement under
                                            section 105 of the Federal-Aid
                                            Highway Act of 1978 (92 Stat.
                                            2692)); and
                                                ``(cc) section 139(c) (as
                                            in effect on the day before the
                                            date of enactment of the
                                            Intermodal Surface
                                            Transportation Efficiency Act
                                            of 1998);
                                    in each State; bears to
                                        ``(II) the total of all such
                                    vehicle miles traveled in all States.
                        ``(B) Interstate bridge component.--For
                    resurfacing, restoring, rehabilitating, and
                    reconstructing bridges on the Interstate System, and
                    for the purposes specified in subparagraph (A), in the
                    ratio that--
                                ``(i) the total square footage of
                            structurally deficient and functionally
                            obsolete bridges on the Interstate System
                            (other than bridges on toll roads not subject
                            to a Secretarial agreement under section 105 of
                            the Federal-Aid Highway Act of 1978 (92 Stat.
                            2692)) in each State; bears to
                                ``(ii) the total square footage of
                            structurally deficient and functionally
                            obsolete bridges on the Interstate System
                            (other than bridges on toll roads not subject
                            to a Secretarial agreement under section 105 of
                            the Federal-Aid Highway Act of 1978 (92 Stat.
                            2692)) in all States.
                        ``(C) Other national highway system component.--
                                ``(i) In general.--For the National Highway
                            System (excluding funds apportioned under
                            subparagraph (A) or (B)), $36,400,000 for each
                            fiscal year to the Virgin Islands, Guam,
                            American Samoa, and the Commonwealth of
                            Northern Mariana Islands and the remainder
                            apportioned as follows:
                                        ``(I) 20 percent of the
                                    apportionments in the ratio that--
                                                ``(aa) the total lane miles
                                            of principal arterial routes
                                            (excluding Interstate System
                                            routes) in each State; bears to
                                                ``(bb) the total lane miles
                                            of principal arterial routes
                                            (excluding Interstate System
                                            routes) in all States.
                                        ``(II) 29 percent of the
                                    apportionments in the ratio that--
                                                ``(aa) the total vehicle
                                            miles traveled on lanes on
                                            principal arterial routes
                                            (excluding Interstate System
                                            routes) in each State; bears to
                                                ``(bb) the total vehicle
                                            miles traveled on lanes on
                                            principal arterial routes
                                            (excluding Interstate System
                                            routes) in all States.
                                        ``(III) 18 percent of the
                                    apportionments in the ratio that--
                                                ``(aa) the total square
                                            footage of structurally
                                            deficient and functionally
                                            obsolete bridges on principal
                                            arterial routes (excluding
                                            bridges on Interstate System
                                            routes (other than bridges on
                                            toll roads not subject to a
                                            Secretarial agreement under
                                            section 105 of the Federal-Aid
                                            Highway Act of 1978 (92 Stat.
                                            2692))) in each State; bears to
                                                ``(bb) the total square
                                            footage of structurally
                                            deficient and functionally
                                            obsolete bridges on principal
                                            arterial routes (excluding
                                            bridges on Interstate System
                                            routes (other than bridges on
                                            toll roads not subject to a
                                            Secretarial agreement under
                                            section 105 of the Federal-Aid
                                            Highway Act of 1978 (92 Stat.
                                            2692))) in all States.
                                        ``(IV) 24 percent of the
                                    apportionments in the ratio that--
                                                ``(aa) the total diesel
                                            fuel used on highways in each
                                            State; bears to
                                                ``(bb) the total diesel
                                            fuel used on highways in all
                                            States.
                                        ``(V) 9 percent of the
                                    apportionments in the ratio that--
                                                ``(aa) the quotient
                                            obtained by dividing the total
                                            lane miles on principal
                                            arterial highways in each State
                                            by the total population of the
                                            State; bears to
                                                ``(bb) the quotient
                                            obtained by dividing the total
                                            lane miles on principal
                                            arterial highways in all States
                                            by the total population of all
                                            States.
                                ``(ii) Data.--Each calculation under clause
                            (i) shall be based on the latest available
                            data.
                        ``(D) Minimum apportionment.--Notwithstanding
                    subparagraphs (A) through (C), each State shall receive
                    a minimum of \1/2\ of 1 percent of the funds
                    apportioned under this paragraph.
                ``(2) Congestion mitigation and air quality improvement
            program.--
                        ``(A) In general.--For the congestion mitigation
                    and air quality improvement program, in the ratio
                    that--
                                ``(i) the total of all weighted
                            nonattainment and maintenance area populations
                            in each State; bears to
                                ``(ii) the total of all weighted
                            nonattainment and maintenance area populations
                            in all States.
                        ``(B) Calculation of weighted nonattainment and
                    maintenance area population.--Subject to subparagraph
                    (C), for the purpose of subparagraph (A), the weighted
                    nonattainment and maintenance area population shall be
                    calculated by multiplying the population of each area
                    in a State that was a nonattainment area or maintenance
                    area as described in section 149(b) for ozone or carbon
                    monoxide by a factor of--
                                ``(i) 0.8 if--
                                        ``(I) at the time of the
                                    apportionment, the area is a
                                    maintenance area; or
                                        ``(II) at the time of the
                                    apportionment, the area is classified
                                    as a submarginal ozone nonattainment
                                    area under the Clean Air Act (42 U.S.C.
                                    7401 et seq.);
                                ``(ii) 1.0 if, at the time of the
                            apportionment, the area is classified as a
                            marginal ozone nonattainment area under subpart
                            2 of part D of title I of the Clean Air Act (42
                            U.S.C. 7511 et seq.);
                                ``(iii) 1.1 if, at the time of the
                            apportionment, the area is classified as a
                            moderate ozone nonattainment area under that
                            subpart;
                                ``(iv) 1.2 if, at the time of the
                            apportionment, the area is classified as a
                            serious ozone nonattainment area under that
                            subpart;
                                ``(v) 1.3 if, at the time of the
                            apportionment, the area is classified as a
                            severe ozone nonattainment area under that
                            subpart;
                                ``(vi) 1.4 if, at the time of the
                            apportionment, the area is classified as an
                            extreme ozone nonattainment area under that
                            subpart; or
                                ``(vii) 1.0 if, at the time of the
                            apportionment, the area is not a nonattainment
                            or maintenance area as described in section
                            149(b) for ozone, but is classified under
                            subpart 3 of part D of title I of that Act (42
                            U.S.C. 7512 et seq.) as a nonattainment area
                            described in section 149(b) for carbon
                            monoxide.
                        ``(C) Additional adjustment for carbon monoxide
                    areas.--
                                ``(i) Carbon monoxide nonattainment
                            areas.--If, in addition to being classified as
                            a nonattainment or maintenance area for ozone,
                            the area was also classified under subpart 3 of
                            part D of title I of that Act (42 U.S.C. 7512
                            et seq.) as a nonattainment area described in
                            section 149(b) for carbon monoxide, the
                            weighted nonattainment or maintenance area
                            population of the area, as determined under
                            clauses (i) through (vi) of subparagraph (B),
                            shall be further multiplied by a factor of 1.2.
                                ``(ii) Carbon monoxide maintenance areas.--
                            If, in addition to being classified as a
                            nonattainment or maintenance area for ozone,
                            the area was at one time also classified under
                            subpart 3 of part D of title I of that Act (42
                            U.S.C. 7512 et seq.) as a nonattainment area
                            described in section 149(b) for carbon monoxide
                            but has been redesignated as a maintenance
                            area, the weighted nonattainment or maintenance
                            area population of the area, as determined
                            under clauses (i) through (vi) of subparagraph
                            (B), shall be further multiplied by a factor of
                            1.1.
                        ``(D) Minimum apportionment.--Notwithstanding any
                    other provision of this paragraph, each State shall
                    receive a minimum of \1/2\ of 1 percent of the funds
                    apportioned under this paragraph.
                        ``(E) Determinations of population.--In determining
                    population figures for the purposes of this paragraph,
                    the Secretary shall use the latest available annual
                    estimates prepared by the Secretary of Commerce.
                ``(3) Surface transportation program.--
                        ``(A) In general.--For the surface transportation
                    program, in accordance with the following formula:
                                ``(i) 20 percent of the apportionments in
                            the ratio that--
                                        ``(I) the total lane miles of
                                    Federal-aid highways in each State;
                                    bears to
                                        ``(II) the total lane miles of
                                    Federal-aid highways in all States.
                                ``(ii) 30 percent of the apportionments in
                            the ratio that--
                                        ``(I) the total vehicle miles
                                    traveled on lanes on Federal-aid
                                    highways in each State; bears to
                                        ``(II) the total vehicle miles
                                    traveled on lanes on Federal-aid
                                    highways in all States.
                                ``(iii) 25 percent of the apportionments in
                            the ratio that--
                                        ``(I) the total square footage of
                                    structurally deficient and functionally
                                    obsolete bridges on Federal-aid
                                    highways (excluding bridges described
                                    in subparagraphs (B) and (C)(i)(III) of
                                    paragraph (1)) in each State; bears to
                                        ``(II) the total square footage of
                                    structurally deficient and functionally
                                    obsolete bridges on Federal-aid
                                    highways (excluding bridges described
                                    in subparagraphs (B) and (C)(i)(III) of
                                    paragraph (1)) in all States.
                                ``(iv) 25 percent of the apportionments in
                            the ratio that--
                                        ``(I) the estimated tax payments
                                    attributable to highway users in each
                                    State paid into the Highway Trust Fund
                                    (other than the Mass Transit Account)
                                    in the latest fiscal year for which
                                    data are available; bears to
                                        ``(II) the estimated tax payments
                                    attributable to highway users in all
                                    States paid into the Highway Trust Fund
                                    (other than the Mass Transit Account)
                                    in the latest fiscal year for which
                                    data are available.
                        ``(B) Data.--Each calculation under subparagraph
                    (A) shall be based on the latest available data.
                        ``(C) Minimum apportionment.--Notwithstanding
                    subparagraph (A), each State shall receive a minimum of
                    \1/2\ of 1 percent of the funds apportioned under this
                    paragraph.''.
        (b) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
    Section 104 of title 23, United States Code, is amended by striking
    subsection (h) and inserting the following:
        ``(h) Effect of Certain Delay in Deposits Into Highway Trust
    Fund.--Notwithstanding any other provision of law, deposits into the
    Highway Trust Fund resulting from the application of section 901(e) of
    the Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into
    account in determining the apportionments and allocations that any
    State shall be entitled to receive under the Intermodal Surface
    Transportation Efficiency Act of 1998 and this title.''.
        (c) ISTEA Transition.--
                (1) In general.--For each of fiscal years 1998 through
            2003, the Secretary shall determine, with respect to each
            State--
                        (A) the total apportionments for the fiscal year
                    under section 104 of title 23, United States Code, for
                    the Interstate and National Highway System program, the
                    surface transportation program, metropolitan planning,
                    and the congestion mitigation and air quality
                    improvement program;
                        (B) the annual average of the total apportionments
                    during the period of fiscal years 1992 through 1997 for
                    all Federal-aid highway programs (as defined in section
                    101 of title 23, United States Code), excluding
                    apportionments for the Federal lands highways program
                    under section 204 of that title;
                        (C) the annual average of the total apportionments
                    during the period of fiscal years 1992 through 1997 for
                    all Federal-aid highway programs (as defined in section
                    101 of title 23, United States Code), excluding--
                                (i) apportionments authorized under section
                            104 of that title for construction of the
                            Interstate System;
                                (ii) apportionments for the Interstate
                            substitute program under section 103(e)(4) of
                            that title (as in effect on the day before the
                            date of enactment of this Act);
                                (iii) apportionments for the Federal lands
                            highways program under section 204 of that
                            title; and
                                (iv) adjustments to sums apportioned under
                            section 104 of that title due to the hold
                            harmless adjustment under section 1015(a) of
                            the Intermodal Surface Transportation
                            Efficiency Act of 1991 (23 U.S.C. 104 note; 105
                            Stat. 1943);
                        (D) the product obtained by multiplying--
                                (i) the annual average of the total
                            apportionments determined under subparagraph
                            (B); by
                                (ii) the applicable percentage determined
                            under paragraph (2); and
                        (E) the product obtained by multiplying--
                                (i) the annual average of the total
                            apportionments determined under subparagraph
                            (C); by
                                (ii) the applicable percentage determined
                            under paragraph (2).
                (2) Applicable percentages.--
                        (A) Fiscal year 1998.--For fiscal year 1998--
                                (i) the applicable percentage referred to
                            in paragraph (1)(D)(ii) shall be 145 percent;
                            and
                                (ii) the applicable percentage referred to
                            in paragraph (1)(E)(ii) shall be 107 percent.
                        (B) Fiscal years thereafter.--For each of fiscal
                    years 1999 through 2003, the applicable percentage
                    referred to in paragraph (1)(D)(ii) or (1)(E)(ii),
                    respectively, shall be a percentage equal to the
                    product obtained by multiplying--
                                (i) the percentage specified in clause (i)
                            or (ii), respectively, of subparagraph (A); by
                                (ii) the percentage that--
                                        (I) the total contract authority
                                    made available under this Act and title
                                    23, United States Code, for Federal-aid
                                    highway programs for the fiscal year;
                                    bears to
                                        (II) the total contract authority
                                    made available under this Act and title
                                    23, United States Code, for Federal-aid
                                    highway programs for fiscal year 1998.
                (3) Maximum transition.--
                        (A) In general.--For each of fiscal years 1998
                    through 2003, in the case of each State with respect to
                    which the total apportionments determined under
                    paragraph (1)(A) is greater than the product determined
                    under paragraph (1)(D), the Secretary shall reduce
                    proportionately the apportionments to the State under
                    section 104 of title 23, United States Code, for the
                    National Highway System component of the Interstate and
                    National Highway System program, the surface
                    transportation program, and the congestion mitigation
                    and air quality improvement program so that the total
                    of the apportionments is equal to the product
                    determined under paragraph (1)(D).
                        (B) Redistribution of funds.--
                                (i) In general.--Subject to clause (ii),
                            funds made available under subparagraph (A)
                            shall be redistributed proportionately under
                            section 104 of title 23, United States Code,
                            for the Interstate and National Highway System
                            program, the surface transportation program,
                            and the congestion mitigation and air quality
                            improvement program, to States not subject to a
                            reduction under subparagraph (A).
                                (ii) Limitation.--The ratio that--
                                        (I) the total apportionments to a
                                    State under section 104 of title 23,
                                    United States Code, for the Interstate
                                    and National Highway System program,
                                    the surface transportation program,
                                    metropolitan planning, and the
                                    congestion mitigation and air quality
                                    improvement program, after the
                                    application of clause (i); bears to
                                        (II) the annual average of the
                                    total apportionments determined under
                                    paragraph (1)(B) with respect to the
                                    State;
                            may not exceed, in the case of fiscal year
                            1998, 145 percent, and, in the case of each of
                            fiscal years 1999 through 2003, 145 percent as
                            adjusted in the manner described in paragraph
                            (2)(B).
                (4) Minimum transition.--
                        (A) In general.--For each of fiscal years 1998
                    through 2003, the Secretary shall apportion to each
                    State such additional amounts as are necessary to
                    ensure that--
                                (i) the total apportionments to the State
                            under section 104 of title 23, United States
                            Code, for the Interstate and National Highway
                            System program, the surface transportation
                            program, metropolitan planning, and the
                            congestion mitigation and air quality
                            improvement program, after the application of
                            paragraph (3); is equal to
                                (ii) the greater of--
                                        (I) the product determined with
                                    respect to the State under paragraph
                                    (1)(E); or
                                        (II) the total apportionments to
                                    the State for fiscal year 1997 for all
                                    Federal-aid highway programs,
                                    excluding--
                                                (aa) apportionments for the
                                            Federal lands highways program
                                            under section 204 of title 23,
                                            United States Code;
                                                (bb) adjustments to sums
                                            apportioned under section 104
                                            of that title due to the hold
                                            harmless adjustment under
                                            section 1015(a) of the
                                            Intermodal Surface
                                            Transportation Efficiency Act
                                            of 1991 (23 U.S.C. 104 note;
                                            105 Stat. 1943); and
                                                (cc) demonstration projects
                                            under the Intermodal Surface
                                            Transportation Efficiency Act
                                            of 1991 (Public Law 102-240).
                        (B) Obligation.--Amounts apportioned under
                    subparagraph (A)--
                                (i) shall be considered to be sums made
                            available for expenditure on the surface
                            transportation program, except that--
                                        (I) the amounts shall not be
                                    subject to paragraphs (1) and (2) of
                                    section 133(d) of title 23, United
                                    States Code; and
                                        (II) 50 percent of the amounts
                                    shall be subject to section 133(d)(3)
                                    of that title;
                                (ii) shall be available for any purpose
                            eligible for funding under section 133 of that
                            title; and
                                (iii) shall remain available for obligation
                            for a period of 3 years after the last day of
                            the fiscal year for which the amounts are
                            apportioned.
                        (C) Authorization of contract authority.--
                                (i) In general.--There shall be available
                            from the Highway Trust Fund (other than the
                            Mass Transit Account) such sums as are
                            necessary to carry out this paragraph.
                                (ii) Contract authority.--Funds authorized
                            under this subparagraph shall be available for
                            obligation in the same manner as if the funds
                            were apportioned under chapter 1 of title 23,
                            United States Code.
        (d) Minimum Guarantee.--
                (1) In general.--Section 105 of title 23, United States
            Code, is amended to read as follows:
    ``Sec. 105. Minimum guarantee
        ``(a) Adjustment.--
                ``(1) In general.--In fiscal year 1998 and each fiscal year
            thereafter on October 1, or as soon as practicable thereafter,
            the Secretary shall allocate among the States amounts
            sufficient to ensure that--
                        ``(A) the ratio that--
                                ``(i) each State's percentage of the total
                            apportionments for the fiscal year--
                                        ``(I) under section 104 for the
                                    Interstate and National Highway System
                                    program, the surface transportation
                                    program, metropolitan planning, and the
                                    congestion mitigation and air quality
                                    improvement program; and
                                        ``(II) under this section and
                                    section 1102(c) of the Intermodal
                                    Surface Transportation Efficiency Act
                                    of 1998 for ISTEA transition; bears to
                                ``(ii) each State's percentage of estimated
                            tax payments attributable to highway users in
                            the State paid into the Highway Trust Fund
                            (other than the Mass Transit Account) in the
                            latest fiscal year for which data are
                            available;
                    is not less than 0.90; and
                        ``(B) in the case of a State specified in paragraph
                    (2), the State's percentage of the total apportionments
                    for the fiscal year described in subclauses (I) and
                    (II) of subparagraph (A)(i) is--
                                ``(i) not less than the percentage
                            specified for the State in paragraph (2); but
                                ``(ii) not greater than the product
                            determined for the State under section
                            1102(c)(1)(D) of the Intermodal Surface
                            Transportation Efficiency Act of 1998 for the
                            fiscal year.
                ``(2) State percentages.--The percentage referred to in
            paragraph (1)(B) for a specified State shall be determined in
            accordance with the following table:

    ``State                                                      Percentage
            Alaska....................................                1.24
            Arkansas..................................                1.33
            Delaware..................................                0.47
            Hawaii....................................                0.55
            Idaho.....................................                0.82
            Montana...................................                1.06
            Nevada....................................                0.73
            New Hampshire.............................                0.52
            New Jersey................................                2.41
            New Mexico................................                1.05
            North Dakota..............................                0.73
            Rhode Island..............................                0.58
            South Dakota..............................                0.78
            Vermont...................................                0.47
            Wyoming...................................                0.76.
        ``(b) Treatment of Allocations.--
                ``(1) Obligation.--Amounts allocated under subsection (a)--
                        ``(A) shall be available for obligation when
                    allocated and shall remain available for obligation for
                    a period of 3 years after the last day of the fiscal
                    year for which the amounts are allocated; and
                        ``(B) shall be available for any purpose eligible
                    for funding under this title.
                ``(2) Set-aside.--Fifty percent of the amounts allocated
            under subsection (a) shall be subject to section 133(d)(3).
        ``(c) Treatment of Withheld Apportionments.--For the purpose of
    subsection (a), any funds that, but for section 158(b) or any other
    provision of law under which Federal-aid highway funds are withheld
    from apportionment, would be apportioned to a State for a fiscal year
    under a section referred to in subsection (a) shall be treated as being
    apportioned in that fiscal year.
        ``(d) Authorization of Contract Authority.--There shall be
    available from the Highway Trust Fund (other than the Mass Transit
    Account) such sums as are necessary to carry out this section.''.
                (2) Conforming amendment.--The analysis for chapter 1 of
            title 23, United States Code, is amended by striking the item
            relating to section 105 and inserting the following:

    ``105. Minimum guarantee.''.
        (e) Audits of Highway Trust Fund.--Section 104 of title 23, United
    States Code, is amended by striking subsection (i) and inserting the
    following:
        ``(i) Audits of Highway Trust Fund.--From available administrative
    funds deducted under subsection (a), the Secretary may reimburse the
    Office of Inspector General of the Department of Transportation for the
    conduct of annual audits of financial statements in accordance with
    section 3521 of title 31.''.
        (f) Technical Amendments.--Section 104 of title 23, United States
    Code, is amended--
                (1) in subsection (e)--
                        (A) by inserting ``Notification to States.--''
                    after ``(e)'';
                        (B) in the first sentence--
                                (i) by striking ``(other than under
                            subsection (b)(5) of this section)''; and
                                (ii) by striking ``and research'';
                        (C) by striking the second sentence; and
                        (D) in the last sentence, by striking ``, except
                    that'' and all that follows through ``such funds''; and
                (2) in subsection (f)--
                        (A) by striking ``(f)(1) On'' and inserting the
                    following:
        ``(f) Metropolitan Planning.--
                ``(1) Set-aside.--On'';
                        (B) by striking ``(2) These'' and inserting the
                    following:
                ``(2) Apportionment to states of set-aside funds.--These'';
                        (C) by striking ``(3) The'' and inserting the
                    following:
                ``(3) Use of funds.--The''; and
                        (D) by striking ``(4) The'' and inserting the
                    following:
                ``(4) Distribution of funds within states.--The''.
        (g) Conforming Amendments.--
                (1) Section 146(a) of title 23, United States Code, is
            amended in the first sentence by striking ``, 104(b)(2), and
            104(b)(6)'' and inserting ``and 104(b)(3)''.
                (2)(A) Section 150 of title 23, United States Code, is
            repealed.
                (B) The analysis for chapter 1 of title 23, United States
            Code, is amended by striking the item relating to section 150.
                (3) Section 158 of title 23, United States Code, is
            amended--
                        (A) in subsection (a)--
                                (i) by striking paragraph (1);
                                (ii) by redesignating paragraphs (2) and
                            (3) as paragraphs (1) and (2), respectively;
                                (iii) in paragraph (1) (as so
                            redesignated)--
                                        (I) by striking ``After the first
                                    year'' and inserting ``In general'';
                                    and
                                        (II) by striking ``, 104(b)(2),
                                    104(b)(5), and 104(b)(6)'' and
                                    inserting ``and 104(b)(3)''; and
                                (iv) in paragraph (2) (as redesignated by
                            clause (ii)), by striking ``paragraphs (1) and
                            (2) of this subsection'' and inserting
                            ``paragraph (1)''; and
                        (B) by striking subsection (b) and inserting the
                    following:
        ``(b) Effect of Withholding of Funds.--No funds withheld under this
    section from apportionment to any State after September 30, 1988, shall
    be available for apportionment to that State.''.
                (4)(A) Section 157 of title 23, United States Code, is
            repealed.
                (B) The analysis for chapter 1 of title 23, United States
            Code, is amended by striking the item relating to section 157.
                (5)(A) Section 115(b)(1) of title 23, United States Code,
            is amended by striking ``or 104(b)(5), as the case may be,''.
                (B) Section 137(f)(1) of title 23, United States Code, is
            amended by striking ``section 104(b)(5)(B) of this title'' and
            inserting ``section 104(b)(1)''.
                (C) Section 141(c) of title 23, United States Code, is
            amended by striking ``section 104(b)(5) of this title'' each
            place it appears and inserting ``section 104(b)(1)(A)''.
                (D) Section 142(c) of title 23, United States Code, is
            amended by striking ``(other than section 104(b)(5)(A))''.
                (E) Section 159 of title 23, United States Code, is
            amended--
                        (i) by striking ``(5) of'' each place it appears
                    and inserting ``(5) (as in effect on the day before the
                    date of enactment of the Intermodal Surface
                    Transportation Efficiency Act of 1998) of''; and
                        (ii) in subsection (b)--
                                (I) in paragraphs (1)(A)(i) and (3)(A), by
                            striking ``section 104(b)(5)(A)'' each place it
                            appears and inserting ``section 104(b)(5)(A)
                            (as in effect on the day before the date of
                            enactment of the Intermodal Surface
                            Transportation Efficiency Act of 1998)'';
                                (II) in paragraph (1)(A)(ii), by striking
                            ``section 104(b)(5)(B)'' and inserting
                            ``section 104(b)(5)(B) (as in effect on the day
                            before the date of enactment of the Intermodal
                            Surface Transportation Efficiency Act of
                            1998)'';
                                (III) in paragraph (3)(B), by striking
                            ``(5)(B)'' and inserting ``(5)(B) (as in effect
                            on the day before the date of enactment of the
                            Intermodal Surface Transportation Efficiency
                            Act of 1998)''; and
                                (IV) in paragraphs (3) and (4), by striking
                            ``section 104(b)(5)'' each place it appears and
                            inserting ``section 104(b)(5) (as in effect on
                            the day before the date of enactment of the
                            Intermodal Surface Transportation Efficiency
                            Act of 1998)''.
                (F) Section 161(a) of title 23, United States Code, is
            amended by striking ``paragraphs (1), (3), and (5)(B) of
            section 104(b)'' each place it appears and inserting
            ``paragraphs (1) and (3) of section 104(b)''.
                (6)(A) Section 104(g) of title 23, United States Code, is
            amended--
                        (i) in the first sentence, by striking ``sections
                    130, 144, and 152 of this title'' and inserting
                    ``subsection (b)(1)(B) and sections 130 and 152'';
                        (ii) in the first and second sentences--
                                (I) by striking ``section'' and inserting
                            ``provision''; and
                                (II) by striking ``such sections'' and
                            inserting ``those provisions''; and
                        (iii) in the third sentence--
                                (I) by striking ``section 144'' and
                            inserting ``subsection (b)(1)(B)''; and
                                (II) by striking ``subsection (b)(1)'' and
                            inserting ``subsection (b)(1)(C)''.
                (B) Section 115 of title 23, United States Code, is
            amended--
                        (i) in subsection (a)(1)(A)(i), by striking
                    ``104(b)(2), 104(b)(3), 104(f), 144,'' and inserting
                    ``104(b)(1)(B), 104(b)(2), 104(b)(3), 104(f),''; and
                        (ii) in subsection (c), by striking ``144,,''.
                (C) Section 120(e) of title 23, United States Code, is
            amended in the last sentence by striking ``and in section 144
            of this title''.
                (D) Section 151(d) of title 23, United States Code, is
            amended by striking ``section 104(a), section 307(a), and
            section 144 of this title'' and inserting ``subsections (a) and
            (b)(1)(B) of section 104 and section 307(a)''.
                (E) Section 204(c) of title 23, United States Code, is
            amended in the first sentence by striking ``or section 144 of
            this title''.
                (F) Section 303(g) of title 23, United States Code, is
            amended by striking ``section 144 of this title'' and inserting
            ``section 104(b)(1)(B)''.
                (7) Section 142(b) of title 23, United States Code, is
            amended by striking ``paragraph (5) of subsection (b) of
            section 104 of this title'' and inserting ``section
            104(b)(1)(A)''.
                (8) Section 152(e) of title 23, United States Code, is
            amended in the second sentence by striking ``section
            104(b)(1)'' and inserting ``section 104(b)''.

    SEC. 1103. OBLIGATION CEILING.

        (a) General Limitations.--Subject to the other provisions of this
    section and notwithstanding any other provision of law, the total
    amount of all obligations for Federal-aid highways and highway safety
    construction programs shall not exceed--
                (1) $21,500,000,000 for fiscal year 1998;
                (2) $28,462,000,000 for fiscal year 1999;
                (3) $28,894,000,000 for fiscal year 2000;
                (4) $29,334,000,000 for fiscal year 2001;
                (5) $29,800,000,000 for fiscal year 2002; and
                (6) $30,319,000,000 for fiscal year 2003.
        (b) Exceptions.--
                (1) In general.--The limitations under subsection (a) shall
            not apply to obligations of funds under--
                        (A) section 105(a) of title 23, United States Code
                    (but, for each of fiscal years 1998 through 2007, only
                    in an amount equal to the amount included for section
                    157 of title 23, United States Code, in the baseline
                    determined by the Congressional Budget Office for the
                    fiscal year 1998 budget (as specified in the letter
                    from the Director of the Congressional Budget Office to
                    the Chairman of the Senate Committee on Environment and
                    Public Works, dated March 12, 1998)), excluding amounts
                    allocated under section 105(a)(1)(B) of that title;
                        (B) section 125 of that title;
                        (C) section 157 of that title (as in effect on the
                    day before the date of enactment of this Act);
                        (D) section 147 of the Surface Transportation
                    Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
                    2714);
                        (E) section 9 of the Federal-Aid Highway Act of
                    1981 (95 Stat. 1701);
                        (F) subsections (b) and (j) of section 131 of the
                    Surface Transportation Assistance Act of 1982 (96 Stat.
                    2119);
                        (G) subsections (b) and (c) of section 149 of the
                    Surface Transportation and Uniform Relocation
                    Assistance Act of 1987 (101 Stat. 198); and
                        (H) sections 1103 through 1108 of the Intermodal
                    Surface Transportation Efficiency Act of 1991 (105
                    Stat. 2027).
                (2) Effect of other law.--A provision of law establishing a
            limitation on obligations for Federal-aid highways and highway
            safety construction programs may not amend or limit the
            applicability of this subsection, unless the provision
            specifically amends or limits that applicability.
        (c) Applicability to Transportation Research Programs.--Obligation
    limitations for Federal-aid highways and highway safety construction
    programs established by subsection (a) shall apply to transportation
    research programs carried out under chapter 5 of title 23, United
    States Code.
        (d) Obligation Authority.--Section 118 of title 23, United States
    Code, is amended by adding at the end the following:
        ``(g) Obligation Authority.--
                ``(1) Distribution.--For each fiscal year, the Secretary
            shall--
                        ``(A) distribute the total amount of obligation
                    authority for Federal-aid highways and highway safety
                    construction programs made available for the fiscal
                    year by allocation in the ratio that--
                                ``(i) the total of the sums made available
                            for Federal-aid highways and highway safety
                            construction programs (excluding demonstration
                            projects) that are apportioned or allocated to
                            each State for the fiscal year; bears to
                                ``(ii) the total of the sums made available
                            for Federal-aid highways and highway safety
                            construction programs (excluding demonstration
                            projects) that are apportioned or allocated to
                            all States for the fiscal year;
                        ``(B) provide all States with authority sufficient
                    to prevent lapses of sums made available for Federal-
                    aid highways that have been apportioned to a State; and
                        ``(C) notwithstanding subparagraphs (A) and (B),
                    not distribute--
                                ``(i) amounts deducted under section 104(a)
                            for administrative expenses;
                                ``(ii) amounts set aside under section
                            104(k) for Interstate 4R and bridge projects;
                                ``(iii) amounts made available under
                            sections 143, 164, 165, 204, 206, 207, and 322;
                                ``(iv) amounts made available under section
                            111 of title 49;
                                ``(v) amounts made available under section
                            201 of the Appalachian Regional Development Act
                            of 1965 (40 U.S.C. App.);
                                ``(vi) amounts made available under section
                            1012(b) of the Intermodal Surface
                            Transportation Efficiency Act of 1991 (23
                            U.S.C. 149 note; 105 Stat. 1938);
                                ``(vii) amounts made available under
                            sections 1503, 1603, and 1604 of the Intermodal
                            Surface Transportation Efficiency Act of 1998;
                                ``(viii) amounts made available under
                            section 149(d) of the Surface Transportation
                            and Uniform Relocation Assistance Act of 1987
                            (101 Stat. 201);
                                ``(ix) amounts made available under section
                            105(a)(1)(A) to the extent that the amounts are
                            subject to any obligation limitation under
                            section 1103(a) of the Intermodal Surface
                            Transportation Efficiency Act of 1998;
                                ``(x) amounts made available for
                            implementation of programs under chapter 5 of
                            this title and sections 5222, 5232, and 5241 of
                            title 49;
                                ``(xi) amounts set aside under section
                            104(d) for operation lifesaver and railway-
                            highway crossing hazard elimination in high
                            speed rail corridors; and
                                ``(xii) amounts made available under
                            section 412 of the Woodrow Wilson Memorial
                            Bridge Authority Act of 1995.
                                ``(xiii) amounts set aside under section
                            1133.
                ``(2) Redistribution.--Notwithstanding paragraph (1), the
            Secretary shall, after August 1 of each of fiscal years 1998
            through 2003--
                        ``(A) revise a distribution of the funds made
                    available under paragraph (1) for the fiscal year if a
                    State will not obligate the amount distributed during
                    the fiscal year; and
                        ``(B) redistribute sufficient amounts to those
                    States able to obligate amounts in addition to the
                    amounts previously distributed during the fiscal year,
                    giving priority to those States that have large
                    unobligated balances of funds apportioned under section
                    104 and under section 144 (as in effect on the day
                    before the date of enactment of this subparagraph).
                ``(3) Demonstration projects.--
                        ``(A) Applicability of obligation limitations.--
                    Notwithstanding any other provision of law, a
                    demonstration project shall be subject to any
                    limitation on obligations established by law that
                    applies to Federal-aid highways and highway safety
                    construction programs.
                        ``(B) Maximum obligation level.--For each fiscal
                    year, a State may obligate for demonstration projects
                    an amount of the obligation authority for Federal-aid
                    highways and highway safety construction programs made
                    available to the State for the fiscal year that is not
                    more than the product obtained by multiplying--
                                ``(i) the total of the sums made available
                            for demonstration projects in the State for the
                            fiscal year; by
                                ``(ii) the ratio that--
                                        ``(I) the total amount of the
                                    obligation authority for Federal-aid
                                    highways and highway safety
                                    construction programs (including
                                    demonstration projects) made available
                                    to the State for the fiscal year; bears
                                    to
                                        ``(II) the total of the sums made
                                    available for Federal-aid highways and
                                    highway safety construction programs
                                    (including demonstration projects) that
                                    are apportioned or allocated to the
                                    State for the fiscal year.
                ``(4) Definition of demonstration project.--In this
            subsection, the term `demonstration project' means a
            demonstration project or similar project (including any project
            similar to a project authorized under any of sections 1103
            through 1108 of the Intermodal Surface Transportation
            Efficiency Act of 1991 (105 Stat. 2027)) that is funded from
            the Highway Trust Fund (other than the Mass Transit Account)
            and authorized under--
                        ``(A) the Intermodal Surface Transportation
                    Efficiency Act of 1998; or
                        ``(B) any law enacted after the date of enactment
                    of that Act.''.
        (e) Limitations on Obligations for Administrative Expenses.--
    Notwithstanding any other provision of law, the total amount of all
    obligations under section 104(a) of title 23, United States Code, shall
    not exceed--
                (1) $301,725,000 for fiscal year 1999;
                (2) $302,055,000 for fiscal year 2000;
                (3) $303,480,000 for fiscal year 2001;
                (4) $310,470,000 for fiscal year 2002; and
                (5) $320,595,000 for fiscal year 2003.
        (f) Applicability of Obligation Limitations.--An obligation
    limitation established by a provision of any other Act shall not apply
    to obligations under a program funded under this Act or title 23,
    United States Code, unless--
                (1) the provision specifically amends or limits the
            applicability of this subsection; or
                (2) an obligation limitation is specified in this Act with
            respect to the program.

    SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION PROGRAM.

        Section 133 of title 23, United States Code, is amended by striking
    subsection (f) and inserting the following:
        ``(f) Obligation Authority.--
                ``(1) In general.--A State that is required to obligate in
            an urbanized area with an urbanized area population of over
            200,000 individuals under subsection (d) funds apportioned to
            the State under section 104(b)(3) shall make available during
            the 3-fiscal year period of 1998 through 2000, and the 3-fiscal
            year period of 2001 through 2003, an amount of obligation
            authority distributed to the State for Federal-aid highways and
            highway safety construction programs for use in the area that
            is equal to the amount obtained by multiplying--
                        ``(A) the aggregate amount of funds that the State
                    is required to obligate in the area under subsection
                    (d) during each such period; by
                        ``(B) the ratio that--
                                ``(i) the aggregate amount of obligation
                            authority distributed to the State for Federal-
                            aid highways and highway safety construction
                            programs during the period; bears to
                                ``(ii) the total of the sums apportioned to
                            the State for Federal-aid highways and highway
                            safety construction programs (excluding sums
                            not subject to an obligation limitation) during
                            the period.
                ``(2) Joint responsibility.--Each State, each affected
            metropolitan planning organization, and the Secretary shall
            jointly ensure compliance with paragraph (1).''.

    SEC. 1105. EMERGENCY RELIEF.

        (a) Federal Share.--Section 120(e) of title 23, United States Code,
    is amended in the first sentence by striking ``highway system'' and
    inserting ``highway''.
        (b) Eligibility and Funding.--Section 125 of title 23, United
    States Code, is amended--
                (1) by striking subsection (a);
                (2) by redesignating subsections (b), (c), and (d) as
            subsections (d), (e), and (f), respectively;
                (3) by inserting after the section heading the following:
        ``(a) General Eligibility.--Subject to this section and section
    120, an emergency fund is authorized for expenditure by the Secretary
    for the repair or reconstruction of highways, roads, and trails, in any
    part of the United States, including Indian reservations, that the
    Secretary finds have suffered serious damage as a result of--
                ``(1) natural disaster over a wide area, such as by a
            flood, hurricane, tidal wave, earthquake, severe storm, or
            landslide; or
                ``(2) catastrophic failure from any external cause.
        ``(b) Restriction on Eligibility.--In no event shall funds be used
    pursuant to this section for the repair or reconstruction of bridges
    that have been permanently closed to all vehicular traffic by the State
    or responsible local official because of imminent danger of collapse
    due to a structural deficiency or physical deterioration.
        ``(c) Funding.--Subject to the following limitations, there are
    hereby made available from the Highway Trust Fund (other than the Mass
    Transit Account) such sums as may be necessary to establish the fund
    authorized by this section and to replenish it on an annual basis:
                ``(1) Not more than $100,000,000 is authorized to be
            obligated in any 1 fiscal year commencing after September 30,
            1980, to carry out the provisions of this section, except that,
            if in any fiscal year the total of all obligations under this
            section is less than the amount authorized to be obligated in
            such fiscal year, the unobligated balance of such amount shall
            remain available until expended and shall be in addition to
            amounts otherwise available to carry out this section each
            year.
                ``(2) Pending such appropriation or replenishment, the
            Secretary may obligate from any funds heretofore or hereafter
            appropriated for obligation in accordance with this title,
            including existing Federal-aid appropriations, such sums as may
            be necessary for the immediate prosecution of the work herein
            authorized, provided that such funds are reimbursed from the
            appropriations authorized in paragraph (1) of this subsection
            when such appropriations are made.'';
                (4) in subsection (d) (as so redesignated), by striking
            ``subsection (c)'' both places it appears and inserting
            ``subsection (e)''; and
                (5) in subsection (e) (as so redesignated), by striking
            ``on any of the Federal-aid highway systems'' and inserting
            ``Federal-aid highways''.
        (c) San Mateo County, California.--Notwithstanding any other
    provision of law, a project to repair or reconstruct any portion of a
    Federal-aid primary route in San Mateo County, California, that--
                (1) was destroyed as a result of a combination of storms in
            the winter of 1982-1983 and a mountain slide; and
                (2) until its destruction, served as the only reasonable
            access route between 2 cities and as the designated emergency
            evacuation route of 1 of the cities;
    shall be eligible for assistance under section 125(a) of title 23,
    United States Code, if the project complies with the local coastal
    plan.

    SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

        (a) Federal Share Payable.--Section 120 of title 23, United States
    Code, is amended by adding at the end the following:
        ``(j) Use of Federal Land Management Agency Funds.--Notwithstanding
    any other provision of law, the funds appropriated to any Federal land
    management agency may be used to pay the non-Federal share of the cost
    of any Federal-aid highway project the Federal share of which is funded
    under section 104.
        ``(k) Use of Federal Lands Highways Program Funds.--Notwithstanding
    any other provision of law, the funds made available to carry out the
    Federal lands highways program under section 204 may be used to pay the
    non-Federal share of the cost of any project that is funded under
    section 104 and that provides access to or within Federal or Indian
    lands.''.
        (b) Availability of Funds.--Section 203 of title 23, United States
    Code, is amended by adding at the end the following: ``Notwithstanding
    any other provision of law, the authorization by the Secretary of
    engineering and related work for a Federal lands highways program
    project, or the approval by the Secretary of plans, specifications, and
    estimates for construction of a Federal lands highways program project,
    shall be deemed to constitute a contractual obligation of the Federal
    Government to pay the Federal share of the cost of the project.''.
        (c) Planning and Agency Coordination.--Section 204 of title 23,
    United States Code, is amended--
                (1) by striking subsection (a) and inserting the following:
        ``(a) Establishment.--
                ``(1) In general.--Recognizing the need for all Federal
            roads that are public roads to be treated under uniform
            policies similar to the policies that apply to Federal-aid
            highways, there is established a coordinated Federal lands
            highways program that shall apply to public lands highways,
            park roads and parkways, and Indian reservation roads and
            bridges.
                ``(2) Transportation planning procedures.--In consultation
            with the Secretary of each appropriate Federal land management
            agency, the Secretary shall develop, by rule, transportation
            planning procedures that are consistent with the metropolitan
            and statewide planning processes required under sections 134
            and 135.
                ``(3) Approval of transportation improvement program.--The
            transportation improvement program developed as a part of the
            transportation planning process under this section shall be
            approved by the Secretary.
                ``(4) Inclusion in other plans.--All regionally significant
            Federal lands highways program projects--
                        ``(A) shall be developed in cooperation with States
                    and metropolitan planning organizations; and
                        ``(B) shall be included in appropriate Federal
                    lands highways program, State, and metropolitan plans
                    and transportation improvement programs.
                ``(5) Inclusion in state programs.--The approved Federal
            lands highways program transportation improvement program shall
            be included in appropriate State and metropolitan planning
            organization plans and programs without further action on the
            transportation improvement program.
                ``(6) Development of systems.--The Secretary and the
            Secretary of each appropriate Federal land management agency
            shall, to the extent appropriate, develop by rule safety,
            bridge, pavement, and congestion management systems for roads
            funded under the Federal lands highways program.'';
                (2) in subsection (b), by striking the first 3 sentences
            and inserting the following: ``Funds available for public lands
            highways, park roads and parkways, and Indian reservation roads
            shall be used by the Secretary and the Secretary of the
            appropriate Federal land management agency to pay for the cost
            of transportation planning, research, engineering, and
            construction of the highways, roads, and parkways, or of
            transit facilities within public lands, national parks, and
            Indian reservations. In connection with activities under the
            preceding sentence, the Secretary and the Secretary of the
            appropriate Federal land management agency may enter into
            construction contracts and other appropriate contracts with a
            State or civil subdivision of a State or Indian tribe.'';
                (3) in the first sentence of subsection (e), by striking
            ``Secretary of the Interior'' and inserting ``Secretary of the
            appropriate Federal land management agency'';
                (4) in subsection (h), by adding at the end the following:
                ``(8) A project to build a replacement of the federally
            owned bridge over the Hoover Dam in the Lake Mead National
            Recreation Area between Nevada and Arizona.'';
                (5) by striking subsection (i) and inserting the following:
        ``(i) Transfers of Costs to Secretaries of Federal Land Management
    Agencies.--
                ``(1) Administrative costs.--The Secretary shall transfer
            to the appropriate Federal land management agency from amounts
            made available for public lands highways such amounts as are
            necessary to pay necessary administrative costs of the agency
            in connection with public lands highways.
                ``(2) Transportation planning costs.--The Secretary shall
            transfer to the appropriate Federal land management agency from
            amounts made available for public lands highways such amounts
            as are necessary to pay the cost to the agency to conduct
            necessary transportation planning for Federal lands, if funding
            for the planning is not otherwise provided under this
            section.''; and
                (6) in subsection (j), by striking the second sentence and
            inserting the following: ``The Indian tribal government, in
            cooperation with the Secretary of the Interior, and as
            appropriate, with a State, local government, or metropolitan
            planning organization, shall carry out a transportation
            planning process in accordance with subsection (a).''.

    SEC. 1107. RECREATIONAL TRAILS PROGRAM.

        (a) In General.--Chapter 2 of title 23, United States Code, is
    amended by inserting after section 205 the following:
    ``Sec. 206. Recreational trails program
        ``(a) Definitions.--
                ``(1) Motorized recreation.--The term `motorized
            recreation' means off-road recreation using any motor-powered
            vehicle, except for a motorized wheelchair.
                ``(2) Recreational trail; trail.--The term `recreational
            trail' or `trail' means a thoroughfare or track across land or
            snow, used for recreational purposes such as--
                        ``(A) pedestrian activities, including wheelchair
                    use;
                        ``(B) skating or skateboarding;
                        ``(C) equestrian activities, including carriage
                    driving;
                        ``(D) nonmotorized snow trail activities, including
                    skiing;
                        ``(E) bicycling or use of other human-powered
                    vehicles;
                        ``(F) aquatic or water activities; and
                        ``(G) motorized vehicular activities, including
                    all-terrain vehicle riding, motorcycling, snowmobiling,
                    use of off-road light trucks, or use of other off-road
                    motorized vehicles.
        ``(b) Program.--In accordance with this section, the Secretary, in
    consultation with the Secretary of the Interior and the Secretary of
    Agriculture, shall carry out a program to provide and maintain
    recreational trails (referred to in this section as the `program').
        ``(c) State Responsibilities.--To be eligible for apportionments
    under this section--
                ``(1) a State may use apportionments received under this
            section for construction of new trails crossing Federal lands
            only if the construction is--
                        ``(A) permissible under other law;
                        ``(B) necessary and required by a statewide
                    comprehensive outdoor recreation plan required by the
                    Land and Water Conservation Fund Act of 1965 (16 U.S.C.
                    460l-4 et seq.);
                        ``(C) approved by the administering agency of the
                    State designated under paragraph (2); and
                        ``(D) approved by each Federal agency charged with
                    management of the affected lands, which approval shall
                    be contingent on compliance by the Federal agency with
                    all applicable laws, including the National
                    Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                    seq.), the Forest and Rangeland Renewable Resources
                    Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the
                    Federal Land Policy and Management Act of 1976 (43
                    U.S.C. 1701 et seq.);
                ``(2) the Governor of a State shall designate the State
            agency or agencies that will be responsible for administering
            apportionments received under this section; and
                ``(3) the State shall establish within the State a State
            trail advisory committee that represents both motorized and
            nonmotorized trail users.
        ``(d) Use of Apportioned Funds.--
                ``(1) In general.--Funds made available under this section
            shall be obligated for trails and trail-related projects that--
                        ``(A) have been planned and developed under the
                    laws, policies, and administrative procedures of each
                    State; and
                        ``(B) are identified in, or further a specific goal
                    of, a trail plan or trail plan element included or
                    referenced in a metropolitan transportation plan
                    required under section 134 or a statewide
                    transportation plan required under section 135,
                    consistent with the statewide comprehensive outdoor
                    recreation plan required by the Land and Water
                    Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
                    seq.).
                ``(2) Permissible uses.--Permissible uses of funds made
            available under this section include--
                        ``(A) maintenance and restoration of existing
                    trails;
                        ``(B) development and rehabilitation of trailside
                    and trailhead facilities and trail linkages;
                        ``(C) purchase and lease of trail construction and
                    maintenance equipment;
                        ``(D) construction of new trails;
                        ``(E) acquisition of easements and fee simple title
                    to property for trails or trail corridors;
                        ``(F) payment of costs to the State incurred in
                    administering the program, but in an amount not to
                    exceed 7 percent of the apportionment received by the
                    State for a fiscal year; and
                        ``(G) operation of educational programs to promote
                    safety and environmental protection as these objectives
                    relate to the use of trails.
                ``(3) Use of apportionments.--
                        ``(A) In general.--Except as provided in
                    subparagraphs (B), (C), and (D), of the apportionments
                    received for a fiscal year by a State under this
                    section--
                                ``(i) 40 percent shall be used for trail or
                            trail-related projects that facilitate diverse
                            recreational trail use within a trail corridor,
                            trailside, or trailhead, regardless of whether
                            the project is for diverse motorized use, for
                            diverse nonmotorized use, or to accommodate
                            both motorized and nonmotorized recreational
                            trail use;
                                ``(ii) 30 percent shall be used for uses
                            relating to motorized recreation; and
                                ``(iii) 30 percent shall be used for uses
                            relating to nonmotorized recreation.
                        ``(B) Small state exclusion.--Any State with a
                    total land area of less than 3,500,000 acres, and in
                    which nonhighway recreational fuel use accounts for
                    less than 1 percent of all such fuel use in the United
                    States, shall be exempted from the requirements of
                    subparagraph (A) upon application to the Secretary by
                    the State demonstrating that the State meets the
                    conditions of this subparagraph.
                        ``(C) Waiver authority.--Upon the request of a
                    State trail advisory committee established under
                    subsection (c)(3), the Secretary may waive, in whole or
                    in part, the requirements of subparagraph (A) with
                    respect to the State if the State certifies to the
                    Secretary that the State does not have sufficient
                    projects to meet the requirements of subparagraph (A).
                        ``(D) State administrative costs.--State
                    administrative costs eligible for funding under
                    paragraph (2)(F) shall be exempt from the requirements
                    of subparagraph (A).
        ``(e) Environmental Benefit or Mitigation.--To the extent
    practicable and consistent with the other requirements of this section,
    a State should give consideration to project proposals that provide for
    the redesign, reconstruction, nonroutine maintenance, or relocation of
    trails to benefit the natural environment or to mitigate and minimize
    the impact to the natural environment.
        ``(f) Federal Share.--
                ``(1) In general.--Subject to the other provisions of this
            subsection, the Federal share of the cost of a project under
            this section shall not exceed 80 percent.
                ``(2) Federal agency project sponsor.--Notwithstanding any
            other provision of law, a Federal agency that sponsors a
            project under this section may contribute additional Federal
            funds toward the cost of a project, except that--
                        ``(A) the share attributable to the Secretary of
                    Transportation may not exceed 80 percent; and
                        ``(B) the share attributable to the Secretary and
                    the Federal agency jointly may not exceed 95 percent.
                ``(3) Use of funds from federal programs to provide non-
            federal share.--Notwithstanding any other provision of law,
            amounts made available by the Federal Government under any
            Federal program that are--
                        ``(A) expended in accordance with the requirements
                    of the Federal program relating to activities funded
                    and populations served; and
                        ``(B) expended on a project that is eligible for
                    assistance under this section;
            may be credited toward the non-Federal share of the cost of the
            project.
                ``(4) Programmatic non-federal share.--A State may allow
            adjustments to the non-Federal share of an individual project
            under this section if the Federal share of the cost of all
            projects carried out by the State under the program (excluding
            projects funded under paragraph (2) or (3)) using funds
            apportioned to the State for a fiscal year does not exceed 80
            percent.
                ``(5) State administrative costs.--The Federal share of the
            administrative costs of a State under this subsection shall be
            determined in accordance with section 120(b).
        ``(g) Uses Not Permitted.--A State may not obligate funds
    apportioned under this section for--
                ``(1) condemnation of any kind of interest in property;
                ``(2) construction of any recreational trail on National
            Forest System land for any motorized use unless--
                        ``(A) the land has been apportioned for uses other
                    than wilderness by an approved forest land and resource
                    management plan or has been released to uses other than
                    wilderness by an Act of Congress; and
                        ``(B) the construction is otherwise consistent with
                    the management direction in the approved forest land
                    and resource management plan;
                ``(3) construction of any recreational trail on Bureau of
            Land Management land for any motorized use unless the land--
                        ``(A) has been apportioned for uses other than
                    wilderness by an approved Bureau of Land Management
                    resource management plan or has been released to uses
                    other than wilderness by an Act of Congress; and
                        ``(B) the construction is otherwise consistent with
                    the management direction in the approved management
                    plan; or
                ``(4) upgrading, expanding, or otherwise facilitating
            motorized use or access to trails predominantly used by
            nonmotorized trail users and on which, as of May 1, 1991,
            motorized use is prohibited or has not occurred.
        ``(h) Project Administration.--
                ``(1) Credit for donations of funds, materials, services,
            or new right-of-way.--
                        ``(A) In general.--Nothing in this title or other
                    law shall prevent a project sponsor from offering to
                    donate funds, materials, services, or a new right-of-
                    way for the purposes of a project eligible for
                    assistance under this section. Any funds, or the fair
                    market value of any materials, services, or new right-
                    of-way, may be donated by any project sponsor and shall
                    be credited to the non-Federal share in accordance with
                    subsection (f).
                        ``(B) Federal project sponsors.--Any funds or the
                    fair market value of any materials or services may be
                    provided by a Federal project sponsor and shall be
                    credited to the Federal agency's share in accordance
                    with subsection (f).
                ``(2) Recreational purpose.--A project funded under this
            section is intended to enhance recreational opportunity and is
            not subject to section 138 of this title or section 303 of
            title 49.
                ``(3) Continuing recreational use.--At the option of each
            State, funds made available under this section may be treated
            as Land and Water Conservation Fund apportionments for the
            purposes of section 6(f)(3) of the Land and Water Conservation
            Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
                ``(4) Cooperation by private persons.--
                        ``(A) Written assurances.--As a condition of making
                    available apportionments for work on recreational
                    trails that would affect privately owned land, a State
                    shall obtain written assurances that the owner of the
                    land will cooperate with the State and participate as
                    necessary in the activities to be conducted.
                        ``(B) Public access.--Any use of the apportionments
                    to a State under this section on privately owned land
                    must be accompanied by an easement or other legally
                    binding agreement that ensures public access to the
                    recreational trail improvements funded by the
                    apportionments.
        ``(i) Apportionment.--
                ``(1) Definition of eligible state.--In this subsection,
            the term `eligible State' means a State that meets the
            requirements of subsection (c).
                ``(2) Apportionment.--Subject to subsection (j), for each
            fiscal year, the Secretary shall apportion--
                        ``(A) 50 percent of the amounts made available to
                    carry out this section equally among eligible States;
                    and
                        ``(B) 50 percent of the amounts made available to
                    carry out this section among eligible States in
                    proportion to the quantity of nonhighway recreational
                    fuel used in each eligible State during the preceding
                    year.
        ``(j) Administrative Costs.--
                ``(1) In general.--Whenever an apportionment is made under
            subsection (i) of the amounts made available to carry out this
            section, the Secretary shall first deduct an amount, not to
            exceed 1 percent of the authorized amounts, to pay the costs to
            the Secretary for administration of, and research authorized
            under, the program.
                ``(2) Use of contracts.--To carry out research funded under
            paragraph (1), the Secretary may--
                        ``(A) enter into contracts with for-profit
                    organizations; and
                        ``(B) enter into contracts, partnerships, or
                    cooperative agreements with other government agencies,
                    institutions of higher learning, or nonprofit
                    organizations.
        ``(k) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $17,000,000 for fiscal year 1998,
            $20,000,000 for fiscal year 1999, $22,000,000 for fiscal year
            2000, $23,000,000 for fiscal year 2001, $24,000,000 for fiscal
            year 2002, and $25,000,000 for fiscal year 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1, except that
            the Federal share of the cost of a project under this section
            shall be determined in accordance with this section.''.
        (b) Conforming Amendments.--
                (1) The Intermodal Surface Transportation Efficiency Act of
            1991 is amended by striking part B of title I (16 U.S.C. 1261
            et seq.).
                (2) The analysis for chapter 2 of title 23, United States
            Code, is amended by striking the item relating to section 206
            and inserting the following:

    ``206. Recreational trails program.''.

    SEC. 1108. VALUE PRICING PILOT PROGRAM.

        (a) In General.--Section 1012(b) of the Intermodal Surface
    Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.
    1938) is amended--
                (1) in the subsection heading, by striking ``Congestion''
            and inserting ``Value''; and
                (2) in paragraph (1), by striking ``congestion'' each place
            it appears and inserting ``value''.
        (b) Increased Number of Projects.--Section 1012(b)(1) of the
    Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149
    note; 105 Stat. 1938) is amended in the second sentence by striking
    ``5'' and inserting ``15''.
        (c) Eligibility of Preimplementation Costs.-- Section 1012(b)(2) of
    the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
    149 note; 105 Stat. 1938) is amended in the second sentence--
                (1) by inserting after ``Secretary shall fund'' the
            following: ``all preimplementation costs and project design,
            and''; and
                (2) by inserting after ``Secretary may not fund'' the
            following: ``the implementation costs of''.
        (d) Tolling.--Section 1012(b)(4) of the Intermodal Surface
    Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.
    1938) is amended by striking ``a pilot program under this section, but
    not on more than 3 of such programs'' and inserting ``any value pricing
    pilot program under this subsection''.
        (e) HOV Passenger Requirements.--Section 1012(b) of the Intermodal
    Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
    Stat. 1938) is amended by striking paragraph (6) and inserting the
    following:
                ``(6) HOV passenger requirements.--Notwithstanding section
            146(c) of title 23, United States Code, a State may permit
            vehicles with fewer than 2 occupants to operate in high
            occupancy vehicle lanes if the vehicles are part of a value
            pricing pilot program under this subsection.''.
        (f) Funding.--Section 1012(b) of the Intermodal Surface
    Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.
    1938) is amended by adding at the end the following:
                ``(7) Authorization of contract authority.--
                        ``(A) In general.--There shall be available from
                    the Highway Trust Fund (other than the Mass Transit
                    Account) to carry out this subsection $8,000,000 for
                    each of fiscal years 1998 through 2003.
                        ``(B) Availability.--
                                ``(i) In general.--Funds allocated by the
                            Secretary to a State under this subsection
                            shall remain available for obligation by the
                            State for a period of 3 years after the last
                            day of the fiscal year for which the funds are
                            authorized.
                                ``(ii) Use of unallocated funds.--If the
                            total amount of funds made available from the
                            Highway Trust Fund under this subsection but
                            not allocated exceeds $8,000,000 as of
                            September 30 of any year, the excess amount--
                                        ``(I) shall be apportioned in the
                                    following fiscal year by the Secretary
                                    to all States in accordance with
                                    section 104(b)(3) of title 23, United
                                    States Code;
                                        ``(II) shall be considered to be a
                                    sum made available for expenditure on
                                    the surface transportation program,
                                    except that the amount shall not be
                                    subject to section 133(d) of that
                                    title; and
                                        ``(III) shall be available for any
                                    purpose eligible for funding under
                                    section 133 of that title.
                        ``(C) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code, except that
                    the Federal share of the cost of any project under this
                    subsection and the availability of funds authorized by
                    this paragraph shall be determined in accordance with
                    this subsection.''.
        (g) Conforming Amendments.--Section 1012(b) of the Intermodal
    Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
    Stat. 1938) is amended--
                (1) in paragraph (1), by striking ``projects'' each place
            it appears and inserting ``programs''; and
                (2) in paragraph (5)--
                        (A) by striking ``projects'' and inserting
                    ``programs''; and
                        (B) by striking ``traffic, volume'' and inserting
                    ``traffic volume''.

    SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

        (a) In General.--Section 143 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 143. Highway use tax evasion projects
        ``(a) Definition of State.--In this section, the term `State' means
    the 50 States and the District of Columbia.
        ``(b) Projects.--
                ``(1) In general.--The Secretary shall use funds made
            available under paragraph (7) to carry out highway use tax
            evasion projects in accordance with this subsection.
                ``(2) Allocation of funds.--The funds may be allocated to
            the Internal Revenue Service and the States at the discretion
            of the Secretary.
                ``(3) Conditions on funds allocated to internal revenue
            service.--The Secretary shall not impose any condition on the
            use of funds allocated to the Internal Revenue Service under
            this subsection.
                ``(4) Limitation on use of funds.--Funds made available
            under paragraph (7) shall be used only--
                        ``(A) to expand efforts to enhance motor fuel tax
                    enforcement;
                        ``(B) to fund additional Internal Revenue Service
                    staff, but only to carry out functions described in
                    this paragraph;
                        ``(C) to supplement motor fuel tax examinations and
                    criminal investigations;
                        ``(D) to develop automated data processing tools to
                    monitor motor fuel production and sales;
                        ``(E) to evaluate and implement registration and
                    reporting requirements for motor fuel taxpayers;
                        ``(F) to reimburse State expenses that supplement
                    existing fuel tax compliance efforts; and
                        ``(G) to analyze and implement programs to reduce
                    tax evasion associated with other highway use taxes.
                ``(5) Maintenance of effort.--The Secretary may not make an
            allocation to a State under this subsection for a fiscal year
            unless the State certifies that the aggregate expenditure of
            funds of the State, exclusive of Federal funds, for motor fuel
            tax enforcement activities will be maintained at a level that
            does not fall below the average level of such expenditure for
            the preceding 2 fiscal years of the State.
                ``(6) Federal share.--The Federal share of the cost of a
            project carried out under this subsection shall be 100 percent.
                ``(7) Authorization of contract authority.--
                        ``(A) In general.--There shall be available to the
                    Secretary from the Highway Trust Fund (other than the
                    Mass Transit Account) to carry out this subsection
                    $5,000,000 for each of fiscal years 1998 through 2003.
                        ``(B) Availability of funds.--Funds authorized
                    under this paragraph shall remain available for
                    obligation for a period of 1 year after the last day of
                    the fiscal year for which the funds are authorized.
                ``(8) In addition to funds allocated under this section, a
            State may, at its discretion, expend up to one-fourth of one
            percent of its annual Federal-aid apportionments under
            104(b)(3) on initiatives to halt the evasion of payment of
            motor fuel taxes.
        ``(c) Excise Fuel Reporting System.--
                ``(1) In general.--Not later than April 1, 1998, the
            Secretary shall enter into a memorandum of understanding with
            the Commissioner of the Internal Revenue Service for the
            purposes of the development and maintenance by the Internal
            Revenue Service of an excise fuel reporting system (referred to
            in this subsection as the `system').
                ``(2) Elements of memorandum of understanding.--The
            memorandum of understanding shall provide that--
                        ``(A) the Internal Revenue Service shall develop
                    and maintain the system through contracts;
                        ``(B) the system shall be under the control of the
                    Internal Revenue Service; and
                        ``(C) the system shall be made available for use by
                    appropriate State and Federal revenue, tax, or law
                    enforcement authorities, subject to section 6103 of the
                    Internal Revenue Code of 1986.
                ``(3) Authorization of appropriations from highway trust
            fund.--
                        ``(A) In general.--There are authorized to be
                    appropriated to the Secretary from the Highway Trust
                    Fund (other than the Mass Transit Account) to carry out
                    this subsection--
                                ``(i) $8,000,000 for development of the
                            system; and
                                ``(ii) $2,000,000 for each of fiscal years
                            1998 through 2003 for operation and maintenance
                            of the system.
                        ``(B) Availability.--Notwithstanding section
                    118(a), funds made available under subparagraph (A)
                    shall not be available in advance of an annual
                    appropriation.''.
        (b) Conforming Amendments.--
                (1) The analysis for chapter 1 of title 23, United States
            Code, is amended by striking the item relating to section 143
            and inserting the following:

    ``143. Highway use tax evasion projects.''.
                (2) Section 1040 of the Intermodal Surface Transportation
            Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is
            repealed.
                (3) Section 8002 of the Intermodal Surface Transportation
            Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) is
            amended--
                        (A) in the first sentence of subsection (g), by
                    striking ``section 1040 of this Act'' and inserting
                    ``section 143 of title 23, United States Code,''; and
                        (B) by striking subsection (h).

    SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

        Section 217 of title 23, United States Code, is amended--
                (1) in subsection (b)--
                        (A) by inserting ``pedestrian walkways and'' after
                    ``construction of''; and
                        (B) by striking ``(other than the Interstate
                    System)'';
                (2) in subsection (e), by striking ``, other than a highway
            access to which is fully controlled,'';
                (3) by striking subsection (g) and inserting the following:
        ``(g) Planning and Design.--
                ``(1) In general.--Bicyclists and pedestrians shall be
            given consideration in the comprehensive transportation plans
            developed by each metropolitan planning organization and State
            in accordance with sections 134 and 135, respectively.
                ``(2) Construction.--Bicycle transportation facilities and
            pedestrian walkways shall be considered, where appropriate, in
            conjunction with all new construction and reconstruction of
            transportation facilities, except where bicycle and pedestrian
            use are not permitted.
                ``(3) Safety and contiguous routes.--Transportation plans
            and projects shall provide consideration for safety and
            contiguous routes for bicyclists and pedestrians.'';
                (4) in subsection (h)--
                        (A) by striking ``No motorized vehicles shall'' and
                    inserting ``Motorized vehicles may not''; and
                        (B) by striking paragraph (3) and inserting the
                    following:
                ``(3) wheelchairs that are powered; and''; and
                (5) by striking subsection (j) and inserting the following:
        ``(j) Definitions.--In this section:
                ``(1) Bicycle transportation facility.--The term `bicycle
            transportation facility' means a new or improved lane, path, or
            shoulder for use by bicyclists or a traffic control device,
            shelter, or parking facility for bicycles.
                ``(2) Pedestrian.--The term `pedestrian' means any person
            traveling by foot or any mobility impaired person using a
            wheelchair.
                ``(3) Wheelchair.--The term `wheelchair' means a mobility
            aid, usable indoors, and designed for and used by individuals
            with mobility impairments, whether operated manually or
            powered.''.

    SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

        (a) General Rule.--Except to the extent that the Secretary
    determines otherwise, not less than 10 percent of the amounts made
    available for any program under titles I, II, and V of this Act shall
    be expended with small business concerns owned and controlled by
    socially and economically disadvantaged individuals.
        (b) Definitions.--For purposes of this section, the following
    definitions apply:
                (1) 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 $16,600,000, as adjusted
            by the Secretary for inflation.
                (2) Socially and economically disadvantaged individuals.--
            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 section.
        (c) Annual Listing of Disadvantaged Business Enterprises.--Each
    State shall annually survey and compile a list of the small business
    concerns referred to in subsection (a) and the location of such
    concerns in the State and notify the Secretary, in writing, of the
    percentage of such concerns which are controlled by women, by socially
    and economically disadvantaged individuals (other than women), and by
    individuals who are women and are otherwise socially and economically
    disadvantaged individuals.
        (d) Uniform Certification.--The Secretary shall establish minimum
    uniform criteria for State governments to use in certifying whether a
    concern qualifies for purposes of this section. 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.
        (e) Compliance With Court Orders.--Nothing in this section limits
    the eligibility of an entity or person to receive funds made available
    under titles I, II, and V of this Act, if the entity or person is
    prevented, in whole or in part, from complying with subsection (a)
    because a Federal court issues a final order in which the court finds
    that the requirement of subsection (a), or the program established
    under subsection (a), is unconstitutional.
        (f) Review by Comptroller General.--Not later than 3 years after
    the date of enactment of this Act, the Comptroller General of the
    United States shall conduct a review of, and publish and report to
    Congress findings and conclusions on, the impact throughout the United
    States of administering the requirement of subsection (a), including an
    analysis of--
                (1) in the case of small business concerns certified in
            each State under subsection (d) as owned and controlled by
            socially and economically disadvantaged individuals--
                        (A) the number of the small business concerns; and
                        (B) the participation rates of the small business
                    concerns in prime contracts and subcontracts funded
                    under titles I, II, and V of this Act;
                (2) in the case of small business concerns described in
            paragraph (1) that receive prime contracts and subcontracts
            funded under titles I, II, and V of this Act--
                        (A) the number of the small business concerns;
                        (B) the annual gross receipts of the small business
                    concerns; and
                        (C) the net worth of socially and economically
                    disadvantaged individuals that own and control the
                    small business concerns;
                (3) in the case of small business concerns described in
            paragraph (1) that do not receive prime contracts and
            subcontracts funded under titles I, II, and V of this Act--
                        (A) the annual gross receipts of the small business
                    concerns; and
                        (B) the net worth of socially and economically
                    disadvantaged individuals that own and control the
                    small business concerns;
                (4) in the case of business concerns that receive prime
            contracts and subcontracts funded under titles I, II, and V of
            this Act, other than small business concerns described in
            paragraph (2)--
                        (A) the annual gross receipts of the business
                    concerns; and
                        (B) the net worth of individuals that own and
                    control the business concerns;
                (5) the rate of graduation from any programs carried out to
            comply with the requirement of subsection (a) for small
            business concerns owned and controlled by socially and
            economically disadvantaged individuals;
                (6) the overall cost of administering the requirement of
            subsection (a), including administrative costs, certification
            costs, additional construction costs, and litigation costs;
                (7) any discrimination, on the basis of race, color,
            national origin, or sex, against small business concerns owned
            and controlled by socially and economically disadvantaged
            individuals;
                (8)(A) any other factors limiting the ability of small
            business concerns owned and controlled by socially and
            economically disadvantaged individuals to compete for prime
            contracts and subcontracts funded under titles I, II, and V of
            this Act; and
                (B) the extent to which any of those factors are caused, in
            whole or in part, by discrimination based on race, color,
            national origin, or sex;
                (9) any discrimination, on the basis of race, color,
            national origin, or sex, against construction companies owned
            and controlled by socially and economically disadvantaged
            individuals in public and private transportation contracting
            and the financial, credit, insurance, and bond markets;
                (10) the impact on small business concerns owned and
            controlled by socially and economically disadvantaged
            individuals of--
                        (A) the issuance of a final order described in
                    subsection (e) by a Federal court that suspends a
                    program established under subsection (a); or
                        (B) the repeal or suspension of State or local
                    disadvantaged business enterprise programs; and
                (11) the impact of the requirement of subsection (a), and
            any program carried out to comply with subsection (a), on
            competition and the creation of jobs, including the creation of
            jobs for socially and economically disadvantaged individuals.

    SEC. 1112. FEDERAL SHARE PAYABLE.

        (a) In General.--Section 120 of title 23, United States Code (as
    amended by section 1106(a)), is amended--
                (1) in each of subsections (a) and (b), by adding at the
            end the following: ``In the case of any project subject to this
            subsection, a State may determine a lower Federal share than
            the Federal share determined under the preceding sentences of
            this subsection.''; and
                (2) by adding at the end the following:
        ``(l) Credit for Non-Federal Share.--
                ``(1) Eligibility.--A State may use as a credit toward the
            non-Federal share requirement for any program under the
            Intermodal Surface Transportation Efficiency Act of 1991
            (Public Law 102-240) or this title, other than the emergency
            relief program authorized by section 125, toll revenues that
            are generated and used by public, quasi-public, and private
            agencies to build, improve, or maintain, without the use of
            Federal funds, highways, bridges, or tunnels that serve the
            public purpose of interstate commerce.
                ``(2) Maintenance of effort.--
                        ``(A) In general.--The credit toward any non-
                    Federal share under paragraph (1) shall not reduce nor
                    replace State funds required to match Federal funds for
                    any program under this title.
                        ``(B) Conditions on receipt of credit.--
                                ``(i) Agreement with the secretary.--To
                            receive a credit under paragraph (1) for a
                            fiscal year, a State shall enter into such
                            agreements as the Secretary may require to
                            ensure that the State will maintain its non-
                            Federal transportation capital expenditures at
                            or above the average level of such expenditures
                            for the preceding 3 fiscal years.
                                ``(ii) Exception.--Notwithstanding clause
                            (i), a State may receive a credit under
                            paragraph (1) for a fiscal year if, for any 1
                            of the preceding 3 fiscal years, the non-
                            Federal transportation capital expenditures of
                            the State were at a level that was greater than
                            30 percent of the average level of such
                            expenditures for the other 2 of the preceding 3
                            fiscal years.
                ``(3) Treatment.--
                        ``(A) In general.--Use of the credit toward a non-
                    Federal share under paragraph (1) shall not expose the
                    agencies from which the credit is received to
                    additional liability, additional regulation, or
                    additional administrative oversight.
                        ``(B) Chartered multistate agencies.--When credit
                    is applied from a chartered multistate agency under
                    paragraph (1), the credit shall be applied equally to
                    all charter States.
                        ``(C) No additional standards.--A public, quasi-
                    public, or private agency from which the credit for
                    which the non-Federal share is calculated under
                    paragraph (1) shall not be subject to any additional
                    Federal design standards or laws (including
                    regulations) as a result of providing the credit beyond
                    the standards and laws to which the agency is already
                    subject.''.
        (b) Technical Amendments.--
                (1) Section 104(f)(3) of title 23, United States Code, is
            amended in the second sentence by striking ``section 120(j) of
            this title'' and inserting ``section 120''.
                (2) Section 130(a) of title 23, United States Code, is
            amended--
                        (A) in the first sentence, by striking ``Except as
                    provided in subsection (d) of section 120 of this
                    title'' and inserting ``Subject to section 120''; and
                        (B) in the second sentence, by striking ``except as
                    provided in subsection (d) of section 120 of this
                    title'' and inserting ``subject to section 120''.

    SEC. 1113. STUDIES AND REPORTS.

        (a) Highway Economic Requirement System.--
                (1) Methodology.--
                        (A) Evaluation.--The Comptroller General of the
                    United States shall conduct an evaluation of the
                    methodology used by the Department of Transportation to
                    determine highway needs using the highway economic
                    requirement system (referred to in this subsection as
                    the ``model'').
                        (B) Required element.--The evaluation shall include
                    an assessment of the extent to which the model
                    estimates an optimal level of highway infrastructure
                    investment, including an assessment as to when the
                    model may be overestimating or underestimating
                    investment requirements.
                        (C) Report to congress.--Not later than 2 years
                    after the date of enactment of this Act, the
                    Comptroller General shall submit a report to Congress
                    on the results of the evaluation.
                (2) State investment plans.--
                        (A) Study.--In consultation with State
                    transportation departments and other appropriate State
                    and local officials, the Comptroller General of the
                    United States shall conduct a study on the extent to
                    which the highway economic requirement system of the
                    Federal Highway Administration can be used to provide
                    States with useful information for developing State
                    transportation investment plans and State
                    infrastructure investment projections.
                        (B) Required elements.--The study shall--
                                (i) identify any additional data that may
                            need to be collected beyond the data submitted,
                            prior to the date of enactment of this Act, to
                            the Federal Highway Administration through the
                            highway performance monitoring system; and
                                (ii) identify what additional work, if any,
                            would be required of the Federal Highway
                            Administration and the States to make the model
                            useful at the State level.
                        (C) Report to congress.--Not later than 3 years
                    after the date of enactment of this Act, the
                    Comptroller General shall submit a report to Congress
                    on the results of the study.
        (b) International Roughness Index.--
                (1) Study.--The Comptroller General of the United States
            shall conduct a study on the international roughness index that
            is used as an indicator of pavement quality on the Federal-aid
            highway system.
                (2) Required elements.--The study shall specify the extent
            of usage of the index and the extent to which the international
            roughness index measurement is reliable across different
            manufacturers and types of pavement.
                (3) Report to congress.--Not later than 2 years after the
            date of enactment of this Act, the Comptroller General shall
            submit a report to Congress on the results of the study.
        (c) Reporting of Rates of Obligation.--Section 104 of title 23,
    United States Code, is amended--
                (1) by redesignating subsection (j) as subsection (m); and
                (2) by inserting after subsection (i) the following:
        ``(j) Reporting of Rates of Obligation.--On an annual basis, the
    Secretary shall publish or otherwise report rates of obligation of
    funds apportioned or set aside under this section and section 133
    according to--
                ``(1) program;
                ``(2) funding category or subcategory;
                ``(3) type of improvement;
                ``(4) State; and
                ``(5) sub-State geographic area, including urbanized and
            rural areas, on the basis of the population of each such
            area.''.
        (d) Evaluation of Procurement Practices and Project Delivery.--
                (1) Study.--The Comptroller General shall conduct a study
            to assess--
                        (A) the impact that a utility company's failure to
                    relocate its facilities in a timely manner has on the
                    delivery and cost of Federal-aid highway and bridge
                    projects;
                        (B) methods States use to mitigate delays described
                    in subparagraph (A), including the use of the courts to
                    compel utility cooperation;
                        (C) the prevalence and use of--
                                (i) incentives to utility companies for
                            early completion of utility relocations on
                            Federal-aid transportation project sites; and
                                (ii) penalties assessed on utility
                            companies for utility relocation delays on such
                            projects;
                        (D) the extent to which States have used available
                    technologies, such as subsurface utility engineering,
                    early in the design of Federal-aid highway and bridge
                    projects so as to eliminate or reduce the need for or
                    delays due to utility relocations; and
                        (E)(i) whether individual States compensate
                    transportation contractors for business costs incurred
                    by the contractors when Federal-aid highway and bridge
                    projects under contract to the contractors are delayed
                    by delays caused by utility companies in utility
                    relocations; and
                        (ii) methods used by States in making any such
                    compensation.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the Comptroller General shall submit to
            Congress a report on the results of the study, including any
            recommendations that the Comptroller General determines to be
            appropriate as a result of the study.

    SEC. 1114. DEFINITIONS.

        (a) Federal-Aid Highway Funds and Program.--
                (1) In general.--Section 101(a) of title 23, United States
            Code, is amended by inserting before the undesignated paragraph
            defining ``Federal-aid highways'' the following:
        ``The term `Federal-aid highway funds' means funds made available
    to carry out the Federal-aid highway program.
        ``The term `Federal-aid highway program' means all programs
    authorized under chapters 1, 3, and 5.''.
                (2) Conforming amendments.--
                        (A) Section 101(d) of title 23, United States Code,
                    is amended by striking ``the construction of Federal-
                    aid highways or highway planning, research, or
                    development'' and inserting ``the Federal-aid highway
                    program''.
                        (B) Section 104(m)(1) of title 23, United States
                    Code (as redesignated by section 1113(c)(1)), is
                    amended by striking ``Federal-aid highways and the
                    highway safety construction programs'' and inserting
                    ``the Federal-aid highway program''.
                        (C) Section 107(b) of title 23, United States Code,
                    is amended in the second sentence by striking
                    ``Federal-aid highways'' and inserting ``the Federal-
                    aid highway program''.
        (b) Alphabetization of Definitions.--Section 101(a) of title 23,
    United States Code, is amended by reordering the undesignated
    paragraphs so that they are in alphabetical order.

    SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

        (a) In General.--Chapter 2 of title 23, United States Code (as
    amended by section 1107(a)), is amended by inserting after section 206
    the following:
    ``Sec. 207. Cooperative Federal Lands Transportation Program
        ``(a) In General.--There is established the Cooperative Federal
    Lands Transportation Program (referred to in this section as the
    `program'). Funds available for the program under subsection (e) may be
    used for projects, or portions of projects, on highways that are owned
    or maintained by States or political subdivisions of States and that
    cross, are adjacent to, or lead to federally owned land or Indian
    reservations (including Army Corps of Engineers reservoirs), as
    determined by the State. Such projects shall be proposed by a State and
    selected by the Secretary. A project proposed by a State under this
    section shall be on a highway or bridge owned or maintained by the
    State, or 1 or more political subdivisions of the State, and may be a
    highway or bridge construction or maintenance project eligible under
    this title or any project of a type described in section 204(h).
        ``(b) Distribution of Funds for Projects.--
                ``(1) In general.--
                        ``(A) In general.--The Secretary--
                                ``(i) after consultation with the
                            Administrator of General Services, the
                            Secretary of the Interior, and other agencies
                            as appropriate (including the Army Corps of
                            Engineers), shall determine the percentage of
                            the total land in each State that is owned by
                            the Federal Government or that is held by the
                            Federal Government in trust;
                                ``(ii) shall determine the sum of the
                            percentages determined under clause (i) for
                            States with respect to which the percentage is
                            4.5 or greater; and
                                ``(iii) shall determine for each State
                            included in the determination under clause (ii)
                            the percentage obtained by dividing--
                                        ``(I) the percentage for the State
                                    determined under clause (i); by
                                        ``(II) the sum determined under
                                    clause (ii).
                        ``(B) Adjustment.--The Secretary shall--
                                ``(i) reduce any percentage determined
                            under subparagraph (A)(iii) that is greater
                            than 7.5 percent to 7.5 percent; and
                                ``(ii) redistribute the percentage points
                            equal to any reduction under clause (i) among
                            other States included in the determination
                            under subparagraph (A)(ii) in proportion to the
                            percentages for those States determined under
                            subparagraph (A)(iii).
                ``(2) Availability to states.--Except as provided in
            paragraph (3), for each fiscal year, the Secretary shall make
            funds available to carry out eligible projects in a State in an
            amount equal to the amount obtained by multiplying--
                        ``(A) the percentage for the State, if any,
                    determined under paragraph (1); by
                        ``(B) the funds made available for the program
                    under subsection (e) for the fiscal year.
                ``(3) Selection of projects.--The Secretary may establish
            deadlines for States to submit proposed projects for funding
            under this section, except that in the case of fiscal year 1998
            the deadline may not be earlier than January 1, 1998. For each
            fiscal year, if a State does not have pending, by that
            deadline, applications for projects with an estimated cost
            equal to at least 3 times the amount for the State determined
            under paragraph (2), the Secretary may distribute, to 1 or more
            other States, at the Secretary's discretion, \1/3\ of the
            amount by which the estimated cost of the State's applications
            is less than 3 times the amount for the State determined under
            paragraph (2).
        ``(c) Transfers.--
                ``(1) In general.--Subject to subsection (f),
            notwithstanding any other provision of law, a State and the
            Secretary may agree to transfer amounts made available to a
            State under this section to the allocations of the State under
            section 202 for use in carrying out projects on any Federal
            lands highway that is located in the State.
                ``(2) Special rule.--This paragraph applies to a State that
            contains a national park that was visited by more than
            2,500,000 people in 1996 and comprises more than 3,000 square
            miles of land area, including surface water, that is located in
            the State. For such a State, 50 percent of the amount that
            would otherwise be made available to the State for each fiscal
            year under the program under subsection (e) shall be made
            available only for eligible highway uses in the national park
            and within the borders of the State. For the purpose of making
            allocations under section 202(c), the Secretary may not take
            into account the past or future availability, for use on park
            roads and parkways in a national park, of funds made available
            for use in a national park by this paragraph.
        ``(d) Rights-of-Way Across Federal Land.--Nothing in this section
    affects any claim for a right-of-way across Federal land.
        ``(e) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section (other than subsection (f)) $74,000,000
            for each of fiscal years 1998 through 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1.
        ``(f) Additional Authorization of Contract Authority for States
    With Indian Reservations.--
                ``(1) Availability to states.--Not later than October 1 of
            each fiscal year, funds made available under paragraph (5) for
            the fiscal year shall be made available by the Secretary, in
            equal amounts, to each State that has within the boundaries of
            the State all or part of an Indian reservation having a land
            area of 10,000,000 acres or more.
                ``(2) Availability to eligible counties.--
                        ``(A) In general.--Each fiscal year, each county
                    that is located in a State to which funds are made
                    available under paragraph (1), and that has in the
                    county a public road described in subparagraph (B),
                    shall be eligible to apply to the State for all or a
                    portion of the funds made available to the State under
                    this subsection to be used by the county to maintain
                    such roads.
                        ``(B) Roads.--A public road referred to in
                    subparagraph (A) is a public road that--
                                ``(i) is within, adjacent to, or provides
                            access to an Indian reservation described in
                            paragraph (1);
                                ``(ii) is used by a school bus to transport
                            children to or from a school or Headstart
                            program carried out under the Head Start Act
                            (42 U.S.C. 9831 et seq.); and
                                ``(iii) is maintained by the county in
                            which the public road is located.
                        ``(C) Allocation among eligible counties.--
                                ``(i) In general.--Except as provided in
                            clause (ii), each State that receives funds
                            under paragraph (1) shall provide directly to
                            each county that applies for funds the amount
                            that the county requests in the application.
                                ``(ii) Allocation among eligible
                            counties.--If the total amount of funds applied
                            for under this subsection by eligible counties
                            in a State exceeds the amount of funds
                            available to the State, the State shall
                            equitably allocate the funds among the eligible
                            counties that apply for funds.
                ``(3) Supplementary funding.--For each fiscal year, the
            Secretary shall ensure that funding made available under this
            subsection supplements (and does not supplant)--
                        ``(A) any obligation of funds by the Bureau of
                    Indian Affairs for road maintenance programs on Indian
                    reservations; and
                        ``(B) any funding provided by a State to a county
                    for road maintenance programs in the county.
                ``(4) Use of unallocated funds.--Any portion of the funds
            made available to a State under this subsection that is not
            made available to counties within 1 year after the funds are
            made available to the State shall be apportioned among the
            States in accordance with section 104(b).
                ``(5) Set-aside.--For each of fiscal years 1998 through
            2003, the Secretary shall set aside $1,500,000 from amounts
            made available under section 541(a) of title 23, United States
            Code.''.
        (b) Conforming Amendment.--The analysis for chapter 2 of title 23,
    United States Code, is amended by striking the item relating to section
    207 and inserting the following:

    ``207. Cooperative Federal Lands Transportation Program.''.

    SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING PLANNING AND BORDER
                  INFRASTRUCTURE.

        (a) Definitions.--In this section:
                (1) Affected port of entry.--The term ``affected port of
            entry'' means a seaport or airport in any State that
            demonstrates that the transportation of cargo by rail or motor
            carrier through the seaport or airport has increased
            significantly since the date of enactment of the North American
            Free Trade Agreement Implementation Act (Public Law 103-182).
                (2) Border state.--The term ``border State'' means a State
            of the United States that--
                        (A) is located along the border with Mexico; or
                        (B) is located along the border with Canada.
                (3) Border station.--The term ``border station'' means a
            controlled port of entry into the United States located in the
            United States at the border with Mexico or Canada, consisting
            of land occupied by the station and the buildings, roadways,
            and parking lots on the land.
                (4) Federal inspection agency.--The term ``Federal
            inspection agency'' means a Federal agency responsible for the
            enforcement of immigration laws (including regulations),
            customs laws (including regulations), and agriculture import
            restrictions, including the United States Customs Service, the
            Immigration and Naturalization Service, the Animal and Plant
            Health Inspection Service, the Food and Drug Administration,
            the United States Fish and Wildlife Service, and the Department
            of State.
                (5) Gateway.--The term ``gateway'' means a grouping of
            border stations defined by proximity and similarity of trade.
                (6) Non-federal governmental jurisdiction.--The term ``non-
            Federal governmental jurisdiction'' means a regional, State, or
            local authority involved in the planning, development,
            provision, or funding of transportation infrastructure needs.
        (b) Border Crossing Planning Incentive Grants.--
                (1) In general.--The Secretary shall make incentive grants
            to States and to metropolitan planning organizations designated
            under section 134 of title 23, United States Code.
                (2) Use of grants.--The grants shall be used to encourage
            joint transportation planning activities and to improve people
            and vehicle movement into and through international gateways as
            a supplement to statewide and metropolitan transportation
            planning funding made available under other provisions of this
            Act and under title 23, United States Code.
                (3) Condition of grants.--As a condition of receiving a
            grant under paragraph (1), a State transportation department or
            a metropolitan planning organization shall certify to the
            Secretary that it commits to be engaged in joint planning with
            its counterpart agency in Mexico or Canada.
                (4) Limitation on amount.--Each State transportation
            department or metropolitan planning organization may receive
            not more than $100,000 under this subsection for any fiscal
            year.
                (5) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) to carry out this subsection $1,400,000 for
                    each of fiscal years 1998 through 2003.
                        (B) Contract authority.--Funds authorized under
                    this subsection shall be available for obligation in
                    the same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code, except that
                    the Federal share of the cost of a project under this
                    subsection shall be determined in accordance with
                    subsection (f).
        (c) Trade Corridor Planning Incentive Grants.--
                (1) Grants.--
                        (A) In general.--The Secretary shall make grants to
                    States to encourage, within the framework of the
                    statewide transportation planning process of the State
                    under section 135 of title 23, United States Code,
                    cooperative multistate corridor analysis of, and
                    planning for, the safe and efficient movement of goods
                    along and within international or interstate trade
                    corridors of national importance and through affected
                    ports of entry.
                        (B) Identification of corridors.--Each corridor and
                    affected port of entry referred to in subparagraph (A)
                    shall be cooperatively identified by the States along
                    the corridor or by the State in which the affected port
                    of entry is located.
                (2) Corridor plans.--
                        (A) In general.--As a condition of receiving a
                    grant under paragraph (1), a State shall enter into an
                    agreement with the Secretary that specifies that, not
                    later than 2 years after receipt of the grant--
                                (i) in cooperation with the other States
                            along the corridor, the State will submit a
                            plan for corridor improvements to the
                            Secretary; or
                                (ii) the State will submit a plan for
                            affected port of entry improvements to the
                            Secretary.
                        (B) Coordination of planning.--Planning with
                    respect to a corridor under this subsection shall be
                    coordinated with transportation planning being carried
                    out by the States and metropolitan planning
                    organizations along the corridor and, to the extent
                    appropriate, with transportation planning being carried
                    out by Federal land management agencies, by tribal
                    governments, or by government agencies in Mexico or
                    Canada.
                (3) Multistate agreements for trade corridor planning.--The
            consent of Congress is granted to any 2 or more States--
                        (A) to enter into multistate agreements, not in
                    conflict with any law of the United States, for
                    cooperative efforts and mutual assistance in support of
                    interstate trade corridor planning activities; and
                        (B) to establish such agencies, joint or otherwise,
                    as the States may determine desirable to make the
                    agreements effective.
                (4) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) to carry out this subsection $3,000,000 for
                    each of fiscal years 1998 through 2003.
                        (B) Contract authority.--Funds authorized under
                    this subsection shall be available for obligation in
                    the same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code, except that
                    the Federal share of the cost of a project under this
                    subsection shall be determined in accordance with
                    subsection (f).
        (d) Federal Assistance for Trade Corridors and Border
    Infrastructure Safety and Congestion Relief.--
                (1) Applications for grants.--The Secretary shall make
            grants to States or metropolitan planning organizations that
            submit an application that--
                        (A) demonstrates need for assistance in carrying
                    out transportation projects that are necessary to
                    relieve traffic congestion or improve enforcement of
                    motor carrier safety laws;
                        (B) includes strategies to involve both the public
                    and private sectors in the proposed project;
                        (C) provides for the safe and efficient movement of
                    goods along and within international or interstate
                    trade corridors; and
                        (D) provides for the continued planning and
                    development of trade corridors.
                (2) Selection of states, metropolitan planning
            organizations, and projects to receive grants.--Notwithstanding
            any other provision of this Act, in selecting States,
            metropolitan planning organizations, and projects to receive
            grants under this subsection, the Secretary shall consider--
                        (A) the extent to which the annual volume of
                    commercial vehicle traffic at the border stations or
                    ports of entry of each State--
                                (i) has increased since the date of
                            enactment of the North American Free Trade
                            Agreement Implementation Act (Public Law 103-
                            182); and
                                (ii) is projected to increase in the
                            future;
                        (B) the extent to which commercial vehicle traffic
                    in each State--
                                (i) has increased since the date of
                            enactment of the North American Free Trade
                            Agreement Implementation Act (Public Law 103-
                            182); and
                                (ii) is projected to increase in the
                            future;
                        (C) the extent of border and affected port of entry
                    or ports of entry transportation improvements carried
                    out by each State since the date of enactment of the
                    North American Free Trade Agreement Implementation Act
                    (Public Law 103-182);
                        (D) the extent to which international truck-borne
                    commodities move through each State;
                        (E) the reduction in commercial and other travel
                    time through a major international gateway or affected
                    port of entry expected as a result of the proposed
                    project including the level of traffic delays at at-
                    grade highway crossings of major rail lines in trade
                    corridors;
                        (F) the extent of leveraging of Federal funds
                    provided under this subsection, including--
                                (i) use of innovative financing;
                                (ii) combination with funding provided
                            under other sections of this Act and title 23,
                            United States Code; and
                                (iii) combination with other sources of
                            Federal, State, local, or private funding
                            including State, local, and private matching
                            funds;
                        (G) improvements in vehicle and highway safety and
                    cargo security in and through the gateway or affected
                    port of entry concerned;
                        (H) the degree of demonstrated coordination with
                    Federal inspection agencies;
                        (I) the extent to which the innovative and problem
                    solving techniques of the proposed project would be
                    applicable to other border stations or ports of entry;
                        (J) demonstrated local commitment to implement and
                    sustain continuing comprehensive border or affected
                    port of entry planning processes and improvement
                    programs; and
                        (K) the value of the cargo carried by commercial
                    vehicle traffic, to the extent that the value of the
                    cargo and congestion impose economic costs on the
                    Nation's economy.
                (3) Use of grants.--
                        (A) In general.--A grant under this subsection
                    shall be used to develop project plans, and implement
                    coordinated and comprehensive programs of projects, to
                    improve efficiency and safety.
                        (B) Type of plans and programs.--The plans and
                    programs may include--
                                (i) improvements to transport and
                            supporting infrastructure;
                                (ii) improvements in operational
                            strategies, including electronic data
                            interchange and use of telecommunications to
                            expedite vehicle and cargo movement including
                            the deployment of technologies to detect and
                            deter illegal narcotic smuggling;
                                (iii) modifications to regulatory
                            procedures to expedite vehicle and cargo flow;
                                (iv) new infrastructure construction;
                                (v) purchase, installation, and maintenance
                            of weigh-in-motion devices and associated
                            electronic equipment in Mexico or Canada if
                            real time data from the devices is provided to
                            the nearest border station and to State
                            commercial vehicle enforcement facilities that
                            serve the border station; and
                                (vi) other institutional improvements, such
                            as coordination of binational planning,
                            programming, and border operation, with special
                            emphasis on coordination with--
                                        (I) Federal inspection agencies;
                                    and
                                        (II) their counterpart agencies in
                                    Mexico and Canada.
                (4) Construction of transportation infrastructure for law
            enforcement purposes.--At the request of the Administrator of
            General Services, in consultation with the Attorney General,
            the Secretary may transfer, during the period of fiscal years
            1998 through 2001, not more than $10,000,000 of the amounts
            made available under paragraph (5) to the Administrator of
            General Services for the construction of transportation
            infrastructure necessary for law enforcement in border States.
                (5) Authorization of appropriations.--There is authorized
            to be appropriated to carry out this subsection $125,000,000
            for each of fiscal years 1998 through 2003.
        (e) Coordination of Planning.--
                (1) Planning and development of border stations.--The
            General Services Administration shall be the coordinating
            Federal agency in the planning and development of new or
            expanded border stations.
                (2) Cooperative activities.--In carrying out paragraph (1),
            the Administrator of General Services shall cooperate with
            Federal inspection agencies and non-Federal governmental
            jurisdictions to ensure that--
                        (A) improvements to border station facilities take
                    into account regional and local conditions, including
                    the alignment of highway systems and connecting
                    roadways; and
                        (B) all facility requirements, associated costs,
                    and economic impacts are identified.
        (f) Cost Sharing.--A grant under this section shall be used to pay
    the Federal share of the cost of a project. The Federal share shall not
    exceed 80 percent.
        (g) Use of Unallocated Funds.--If the total amount of funds made
    available from the Highway Trust Fund under this section but not
    allocated exceeds $4,000,000 as of September 30 of any year, the excess
    amount--
                (1) shall be apportioned in the following fiscal year by
            the Secretary to all States in accordance with section
            104(b)(3) of title 23, United States Code;
                (2) shall be considered to be a sum made available for
            expenditure on the surface transportation program, except that
            the amount shall not be subject to section 133(d) of that
            title; and
                (3) shall be available for any purpose eligible for funding
            under section 133 of that title.

    SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

        (a) Availability, Release, and Reallocation of Funds.--Section
    201(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C.
    App.) is amended--
                (1) in the second sentence, by inserting before the period
            at the end the following: ``, except that each allocation to a
            State shall remain available for expenditure in the State for
            the fiscal year in which the allocation is allocated and for
            the 3 following fiscal years''; and
                (2) by inserting after the second sentence the following:
            ``Funds authorized under this section for fiscal year 1998 or a
            fiscal year thereafter, and not expended by a State during the
            4 fiscal years referred to in the preceding sentence, shall be
            released to the Commission for reallocation and shall remain
            available until expended.''.
        (b) Substitute Corridor.--Section 201(b) of the Appalachian
    Regional Development Act of 1965 (40 U.S.C. App.) is amended--
                (1) by redesignating paragraphs (1) through (4) as
            subparagraphs (A) through (D), respectively;
                (2) by striking ``(b) The Commission'' and inserting the
            following:
        ``(b) Designations.--
                ``(1) In general.--The Commission''; and
                (3) by adding at the end the following:
                ``(2) Substitute corridor.--In lieu of Corridor H in
            Virginia, the Appalachian development highway system shall
            include the Virginia portion of the segment identified in
            section 1105(c)(29) of the Intermodal Surface Transportation
            Efficiency Act of 1991 (109 Stat. 597).''.
        (c) Federal Share for Prefinanced Projects.--Section 201(h)(1) of
    the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
    amended by striking ``70 per centum'' and inserting ``80 percent''.
        (d) Authorization of Contract Authority.--Section 201 of the
    Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
    amended by striking subsection (g) and inserting the following:
        ``(g) Authorization of Contract Authority.--
                ``(1) In general.--
                        ``(A) Fiscal years 1998 through 2003.--For the
                    continued construction of the Appalachian development
                    highway system approved as of September 30, 1996, in
                    accordance with this section, there shall be available
                    from the Highway Trust Fund (other than the Mass
                    Transit Account) $40,000,000 for each of fiscal years
                    1998 through 2000, $50,000,000 for fiscal year 2001,
                    $60,000,000 for fiscal year 2002, and $70,000,000 for
                    fiscal year 2003.
                        ``(B) Obligation authority.--The Secretary shall
                    provide equivalent amounts of obligation authority for
                    the funds authorized under subparagraph (A).
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1 of title 23,
            United States Code, except that the Federal share shall be
            determined in accordance with this section and the funds shall
            remain available in accordance with subsection (a).''.

    SEC. 1118. INTERSTATE 4R AND BRIDGE DISCRETIONARY PROGRAM.

        (a) In General.--Section 104 of title 23, United States Code (as
    amended by section 1113(c)(1)), is amended by inserting after
    subsection (j) the following:
        ``(k) Set-Aside for Interstate 4R and Bridge Projects.--
                ``(1) In general.--For each of fiscal years 1998 through
            2003, before any apportionment is made under subsection (b)(1),
            the Secretary shall set aside $70,000,000 from amounts to be
            apportioned under subsection (b)(1)(A), and $70,000,000 from
            amounts to be apportioned under subsection (b)(1)(B), for
            allocation by the Secretary--
                        ``(A) for projects for resurfacing, restoring,
                    rehabilitating, or reconstructing any route or portion
                    of a route on the Interstate System (other than any
                    highway designated as a part of the Interstate System
                    under section 103(c)(4) and any toll road on the
                    Interstate System that is not subject to an agreement
                    under section 119(e) (as in effect on December 17,
                    1991) or an agreement under section 129(a));
                        ``(B) for projects for a highway bridge the
                    replacement, rehabilitation, or seismic retrofit cost
                    of which is more than $10,000,000; and
                        ``(C) for projects for a highway bridge the
                    replacement, rehabilitation, or seismic retrofit cost
                    of which is less than $10,000,000 if the cost is at
                    least twice the amount reserved under section 144(c) by
                    the State in which the bridge is located for the fiscal
                    year in which application is made for an allocation for
                    the bridge under this subsection.
                ``(2) Required allocation.--
                        ``(A) In general.--Subject to subparagraph (B), for
                    each of fiscal years 1998 through 2003, the Secretary
                    shall allocate on October 1, for use for highway bridge
                    projects--
                                ``(i) at least $20,000,000 of the amounts
                            set aside under paragraph (1) to any State
                            that--
                                        ``(I) is apportioned for fiscal
                                    year 1998 under paragraphs (1)(B),
                                    (1)(C)(i)(III), and (3)(A)(iii) of
                                    subsection (b) an amount that is less
                                    than the amount apportioned to the
                                    State for the highway bridge
                                    replacement and rehabilitation program
                                    under section 144 for fiscal year 1997;
                                    and
                                        ``(II) was apportioned for that
                                    program for fiscal year 1997 an amount
                                    greater than $125,000,000; and
                                ``(ii) at least $15,000,000 of the amounts
                            set aside under paragraph (1) to any State with
                            respect to which the average service life of
                            the bridges in the State exceeds 46 years as of
                            the date of enactment of the Intermodal Surface
                            Transportation Efficiency Act of 1998.
                        ``(B) Exception.--A State that transferred funds
                    from the highway bridge replacement and rehabilitation
                    program during any of fiscal years 1995 through 1997 in
                    an amount greater than 10 percent of the apportionments
                    for that program for the fiscal year shall not be
                    eligible for an allocation under subparagraph (A)(i).
                        ``(C) Additional allocation.--An allocation to a
                    State under subparagraph (A) shall be in addition to
                    any allocation to the State under paragraph (1).
                ``(3) Availability to states of interstate 4r funds.--The
            Secretary may grant the application of a State for funds made
            available for a fiscal year for a project described in
            paragraph (1)(A) if the Secretary determines that--
                        ``(A) the State has obligated or demonstrates that
                    it will obligate for the fiscal year all of the
                    apportionments to the State under subparagraphs (A) and
                    (B) of subsection (b)(1) other than an amount that, by
                    itself, is insufficient to pay the Federal share of the
                    cost of a project described in paragraph (1)(A) that
                    has been submitted by the State to the Secretary for
                    approval; and
                        ``(B) the State is willing and able to--
                                ``(i) obligate the funds within 1 year
                            after the date on which the funds are made
                            available;
                                ``(ii) apply the funds to a project that is
                            ready to be commenced; and
                                ``(iii) in the case of construction work,
                            begin work within 90 days after the date of
                            obligation of the funds.
                ``(4) Eligibility of certain bridges.--
                        ``(A) In general.--Notwithstanding any other
                    provision of law, any bridge that is owned and operated
                    by an agency that does not have taxing powers and whose
                    functions include operating a federally assisted public
                    transit system subsidized by toll revenues shall be
                    eligible for assistance under this subsection.
                        ``(B) Limitation.--The amount of assistance under
                    subparagraph (A) shall not exceed the cumulative amount
                    that the agency has expended for capital and operating
                    costs to subsidize the transit system.
                        ``(C) Determination by the secretary.--Before
                    authorizing an expenditure of funds under this
                    paragraph, the Secretary shall make a determination
                    that the applicant agency has insufficient reserves,
                    surpluses, and projected revenues (over and above those
                    required for bridge and transit capital and operating
                    costs) to fund the necessary bridge replacement,
                    seismic retrofitting, or rehabilitation project.
                        ``(D) Crediting of non-federal funds.--Any non-
                    Federal funds expended for the seismic retrofit of the
                    bridge may be credited toward the non-Federal share
                    required as a condition of receipt of any Federal funds
                    for seismic retrofit of the bridge made available after
                    the date of expenditure.
                ``(5) Required allocation for certain states.--
                        ``(A) Allocation.--For each of fiscal years 1998
                    through 2003, the Secretary shall allocate on October
                    1, to States eligible under subparagraph (B), for use
                    for projects described in paragraph (1), $10,000,000 of
                    the amounts set aside under paragraph (1) from amounts
                    to be apportioned under subsection (b)(1)(A).
                        ``(B) Eligible states.--A State shall be eligible
                    for an allocation under subparagraph (A) for a fiscal
                    year if--
                                ``(i) the State ranks among the lowest 10
                            percent of States in a ranking of States by per
                            capita personal income;
                                ``(ii) for the State, the ratio that--
                                        ``(I) the State's estimated
                                    percentage of total Federal-aid highway
                                    program apportionments for the period
                                    of fiscal years 1998 through 2003 under
                                    this title; bears to
                                        ``(II) the percentage of estimated
                                    total tax receipts attributable to
                                    highway users in the State paid into
                                    the Highway Trust Fund (other than the
                                    Mass Transit Account) for the period of
                                    fiscal years 1998 through 2003;
                            is less than 1.00, as of the date of enactment
                            of this subsection; and
                                ``(iii)(I) the State's estimated percentage
                            of total Federal-aid highway program
                            apportionments for the period of fiscal years
                            1998 through 2003 under this title, as of the
                            date of enactment of this subsection; is less
                            than
                                ``(II) the State's percentage of total
                            Federal-aid highway program apportionments and
                            Federal lands highways program allocations
                            under the Intermodal Surface Transportation
                            Efficiency Act of 1991 (105 Stat. 1914), and
                            allocations under sections 1103 through 1108 of
                            that Act, for the period of fiscal years 1992
                            through 1997.
                        ``(C) Additional allocation.--An allocation to a
                    State under subparagraph (A) shall be in addition to
                    any allocation to the State under paragraph (1).
                ``(6) Period of availability of discretionary funds.--
            Amounts made available under this subsection shall remain
            available until expended.''.
        (b) Conforming Amendment.--Section 118 of title 23, United States
    Code, is amended by striking subsection (c).

    SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
                  PROGRAM.

        (a) In General.--Chapter 3 of title 23, United States Code, is
    amended by inserting after section 321 the following:
    ``Sec. 322. Magnetic levitation transportation technology deployment
                  program
        ``(a) Definitions.--In this section:
                ``(1) Eligible project costs.--The term `eligible project
            costs' means the capital cost of the fixed guideway
            infrastructure of a MAGLEV project, including land, piers,
            guideways, propulsion equipment and other components attached
            to guideways, power distribution facilities (including
            substations), control and communications facilities, access
            roads, and storage, repair, and maintenance facilities, but not
            including costs incurred for a new station.
                ``(2) Full project costs.--The term `full project costs'
            means the total capital costs of a MAGLEV project, including
            eligible project costs and the costs of stations, vehicles, and
            equipment.
                ``(3) MAGLEV.--The term `MAGLEV' means transportation
            systems employing magnetic levitation that would be capable of
            safe use by the public at a speed in excess of 240 miles per
            hour.
                ``(4) Partnership potential.--The term `partnership
            potential' has the meaning given the term in the commercial
            feasibility study of high-speed ground transportation conducted
            under section 1036 of the Intermodal Surface Transportation
            Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1978).
        ``(b) Assistance.--
                ``(1) In general.--The Secretary shall make available
            financial assistance to provide the Federal share of full
            project costs of eligible projects selected under this section.
                ``(2) Federal share.--The Federal share of full project
            costs under paragraph (1) shall be not more than \2/3\.
                ``(3) Use of assistance.--Financial assistance provided
            under paragraph (1) shall be used only to pay eligible project
            costs of projects selected under this section.
        ``(c) Solicitation of Applications for Assistance.--Not later than
    180 days after the date of enactment of the Intermodal Surface
    Transportation Efficiency Act of 1998, the Secretary shall solicit
    applications from States, or authorities designated by 1 or more
    States, for financial assistance authorized by subsection (b) for
    planning, design, and construction of eligible MAGLEV projects.
        ``(d) Project Eligibility.--To be eligible to receive financial
    assistance under subsection (b), a project shall--
                ``(1) involve a segment or segments of a high-speed ground
            transportation corridor that exhibit partnership potential;
                ``(2) require an amount of Federal funds for project
            financing that will not exceed the sum of--
                        ``(A) the amounts made available under subsection
                    (h)(1)(A); and
                        ``(B) the amounts made available by States under
                    subsection (h)(4);
                ``(3) result in an operating transportation facility that
            provides a revenue producing service;
                ``(4) be undertaken through a public and private
            partnership, with at least \1/3\ of full project costs paid
            using non-Federal funds;
                ``(5) satisfy applicable statewide and metropolitan
            planning requirements;
                ``(6) be approved by the Secretary based on an application
            submitted to the Secretary by a State or authority designated
            by 1 or more States;
                ``(7) to the extent that non-United States MAGLEV
            technology is used within the United States, be carried out as
            a technology transfer project; and
                ``(8) be carried out using materials at least 70 percent of
            which are manufactured in the United States.
        ``(e) Project Selection Criteria.--Prior to soliciting
    applications, the Secretary shall establish criteria for selecting
    which eligible projects under subsection (d) will receive financial
    assistance under subsection (b). The criteria shall include the extent
    to which--
                ``(1) a project is nationally significant, including the
            extent to which the project will demonstrate the feasibility of
            deployment of MAGLEV technology throughout the United States;
                ``(2) timely implementation of the project will reduce
            congestion in other modes of transportation and reduce the need
            for additional highway or airport construction;
                ``(3) States, regions, and localities financially
            contribute to the project;
                ``(4) implementation of the project will create new jobs in
            traditional and emerging industries;
                ``(5) the project will augment MAGLEV networks identified
            as having partnership potential;
                ``(6) financial assistance would foster public and private
            partnerships for infrastructure development and attract private
            debt or equity investment;
                ``(7) financial assistance would foster the timely
            implementation of a project; and
                ``(8) life-cycle costs in design and engineering are
            considered and enhanced.
        ``(f) Project Selection.--
                ``(1) Pre-construction planning activities.--
                        ``(A) Not later than 90 days after a deadline
                    established by the Secretary for the receipt of
                    applications, the Secretary shall evaluate the eligible
                    projects in accordance with the selection criteria and
                    select one or more eligible projects to receive
                    financial assistance for pre-construction planning
                    activities, including--
                                ``(i) preparation of feasibility studies,
                            major investment studies, and environmental
                            impact statements and assessments as are
                            required under State law;
                                ``(ii) pricing of the final design,
                            engineering, and construction activities
                            proposed to be assisted under paragraph (2);
                            and
                                ``(iii) such other activities as are
                            necessary to provide the Secretary with
                            sufficient information to evaluate whether a
                            project should receive financial assistance for
                            final design, engineering, and construction
                            activities under paragraph (2).
                        ``(B) Notwithstanding subsection (a)(1) of this
                    section, eligible project costs shall include the cost
                    of pre-construction planning activities.
                ``(2) Final design, engineering, and construction
            activities.--After completion of pre-construction planning
            activities for all projects assisted under paragraph (1), the
            Secretary shall select one of the projects to receive financial
            assistance for final design, engineering, and construction
            activities.
        ``(g) Joint Ventures.--A project undertaken by a joint venture of
    United States and non-United States persons (including a project
    involving the deployment of non-United States MAGLEV technology in the
    United States) shall be eligible for financial assistance under this
    section if the project is eligible under subsection (d) and selected
    under subsection (f).
        ``(h) Funding.--
                ``(1) In general.--
                        ``(A) Authorization of contract authority.--
                                ``(i) In general.--There shall be available
                            from the Highway Trust Fund (other than the
                            Mass Transit Account) to carry out this section
                            $10,000,000 for fiscal year 1999 and
                            $20,000,000 for fiscal year 2000.
                                ``(ii) Contract authority.--Funds
                            authorized under this subparagraph shall be
                            available for obligation in the same manner as
                            if the funds were apportioned under chapter 1,
                            except that--
                                        ``(I) the Federal share of the cost
                                    of a project carried out under this
                                    section shall be determined in
                                    accordance with subsection (b); and
                                        ``(II) the availability of the
                                    funds shall be determined in accordance
                                    with paragraph (2).
                        ``(B) Authorization of appropriations.--
                                ``(i) In general.--There are authorized to
                            be appropriated from the Highway Trust Fund
                            (other than the Mass Transit Account) to carry
                            out this section $200,000,000 for each of
                            fiscal years 2000 and 2001, $250,000,000 for
                            fiscal year 2002, and $300,000,000 for fiscal
                            year 2003.
                                ``(ii) Availability.--Notwithstanding
                            section 118(a), funds made available under
                            clause (i) shall not be available in advance of
                            an annual appropriation.
                ``(2) Availability of funds.--Funds made available under
            paragraph (1) shall remain available until expended.
                ``(3) Other federal funds.--Notwithstanding any other
            provision of law, funds made available to a State to carry out
            the surface transportation program under section 133 and the
            congestion mitigation and air quality improvement program under
            section 149 may be used by the State to pay a portion of the
            full project costs of an eligible project selected under this
            section, without requirement for non-Federal funds.
                ``(4) Other assistance.--Notwithstanding any other
            provision of law, an eligible project selected under this
            section shall be eligible for other forms of financial
            assistance provided under this title and the Transportation
            Infrastructure Finance and Innovation Act of 1998, including
            loans, loan guarantees, and lines of credit.''.
        (b) Conforming Amendment.--The analysis for chapter 3 of title 23,
    United States Code, is amended by inserting after the item relating to
    section 321 the following:

    ``322. Magnetic levitation transportation technology deployment
                                program.''.

    SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

        (a) Definitions.--Section 404 of the Woodrow Wilson Memorial Bridge
    Authority Act of 1995 (109 Stat. 628) is amended--
                (1) in paragraph (3), by striking ``, including approaches
            thereto''; and
                (2) in paragraph (5), by striking ``to be determined under
            section 407. Such'' and all that follows and inserting the
            following: ``as described in the record of decision executed by
            the Secretary in compliance with the National Environmental
            Policy Act of 1969 (42 U.S.C. 4321 et seq.). The term includes
            ongoing short-term rehabilitation and repairs to the Bridge.''.
        (b) Ownership of Bridge.--
                (1) Conveyance by the secretary.--Section 407(a)(1) of the
            Woodrow Wilson Memorial Bridge Authority Act of 1995 (109 Stat.
            630) is amended by inserting ``or any Capital Region
            jurisdiction'' after ``Authority'' each place it appears.
                (2) Agreement.--Section 407 of the Woodrow Wilson Memorial
            Bridge Authority Act of 1995 (109 Stat. 630) is amended by
            striking subsection (c) and inserting the following:
        ``(c) Agreement.--
                ``(1) In general.--The agreement referred to in subsection
            (a) is an agreement concerning the Project that is executed by
            the Secretary and the Authority or any Capital Region
            jurisdiction that accepts ownership of the Bridge.
                ``(2) Terms of the agreement.--The agreement shall--
                        ``(A) identify whether the Authority or a Capital
                    Region jurisdiction will accept ownership of the
                    Bridge;
                        ``(B) contain a financial plan satisfactory to the
                    Secretary, which shall be prepared before the execution
                    of the agreement, that specifies--
                                ``(i) the total cost of the Project,
                            including any cost-saving measures;
                                ``(ii) a schedule for implementation of the
                            Project, including whether any expedited design
                            and construction techniques will be used; and
                                ``(iii) the sources of funding that will be
                            used to cover any costs of the Project not
                            funded from funds made available under section
                            412;
                        ``(C) require that--
                                ``(i)(I) the Project include not more than
                            12 traffic lanes, of which 2 lanes shall be
                            exclusively for use by high occupancy vehicles,
                            express buses, or rail transit; and
                                ``(II) the design, construction, and
                            operation of the Project reflect the
                            requirements of subclause (I);
                                ``(ii) all provisions described in the
                            environmental impact statement for the Project
                            or the record of decision for the Project
                            (including in the attachments to the statement
                            and record) for mitigation of environmental and
                            other impacts of the Project be implemented;
                            and
                                ``(iii) the Authority and the Capital
                            Region jurisdictions develop a process to fully
                            integrate affected local governments, on an
                            ongoing basis, in the process of carrying out
                            the engineering, design, and construction
                            phases of the project, including planning for
                            implementing the provisions described in clause
                            (ii); and
                        ``(D) contain such other terms and conditions as
                    the Secretary determines to be appropriate.''.
        (c) Federal Contribution.--The Woodrow Wilson Memorial Bridge
    Authority Act of 1995 (109 Stat. 627) is amended by adding at the end
    the following:

    ``SEC. 412. FEDERAL CONTRIBUTION.

        ``(a) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account)
            $100,000,000 for fiscal year 1998, $100,000,000 for fiscal year
            1999, $125,000,000 for fiscal year 2000, $175,000,000 for
            fiscal year 2001, $200,000,000 for fiscal year 2002, and
            $200,000,000 for fiscal year 2003, to pay the costs of
            planning, preliminary engineering and design, final
            engineering, acquisition of rights-of-way, and construction of
            the Project, except that the costs associated with the Bridge
            shall be given priority over other eligible costs, other than
            design costs, of the Project.
                ``(2) Contract authority.--Funds authorized under this
            section shall be available for obligation in the same manner as
            if the funds were apportioned under chapter 1 of title 23,
            United States Code, except that--
                        ``(A) the funds shall remain available until
                    expended;
                        ``(B) the Federal share of the cost of the Bridge
                    component of the Project shall not exceed 100 percent;
                    and
                        ``(C) the Federal share of the cost of any other
                    component of the Project shall not exceed 80 percent.
        ``(b) Use of Apportioned Funds.--Nothing in this title limits the
    authority of any Capital Region jurisdiction to use funds apportioned
    to the jurisdiction under paragraph (1) or (3) of section 104(b) of
    title 23, United States Code, in accordance with the requirements for
    such funds, to pay any costs of the Project.
        ``(c) Availability of Apportioned Funds.--None of the funds made
    available under this section shall be available before the execution of
    the agreement described in section 407(c), except that the Secretary
    may fund the maintenance and rehabilitation of the Bridge and the
    design of the Project.''.
        (d) Conforming Amendment.--Section 405(b)(1) of the Woodrow Wilson
    Memorial Bridge Authority Act of 1995 (109 Stat. 629) is amended by
    striking ``the Signatories as to the Federal share of the cost of the
    Project and the terms and conditions related to the timing of the
    transfer of the Bridge to''.

    SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

        The National Highway System consists of the routes and
    transportation facilities depicted on the map submitted by the
    Secretary to Congress with the report entitled ``Pulling Together: The
    National Highway System and its Connections to Major Intermodal
    Terminals'' and dated May 24, 1996.

    SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.

        (a) In General.--Section 144 of title 23, United States Code, is
    amended--
                (1) in the section heading, by striking ``program'';
                (2) by striking subsections (a) through (n), (p), and (q);
                (3) by inserting after the section heading the following:
        ``(a) Definition of Rehabilitate.--In this section, the term
    `rehabilitate' (in any of its forms), with respect to a bridge, means
    to carry out major work necessary--
                ``(1) to address the structural deficiencies, functional
            obsolescence, or physical deterioration of the bridge; or
                ``(2) to correct a major safety defect of the bridge,
            including seismic retrofitting.
        ``(b) Bridge Inventory.--
                ``(1) In general.--In consultation with the States, the
            Secretary shall--
                        ``(A) annually inventory all highway bridges on
                    public roads that cross waterways, other topographical
                    barriers, other highways, and railroads;
                        ``(B) classify each such bridge according to
                    serviceability, safety, and essentiality for public
                    use; and
                        ``(C) assign each such bridge a priority for
                    replacement or rehabilitation based on the
                    classification under subparagraph (B).
                ``(2) Consultation.--In preparing an inventory of highway
            bridges on Indian reservation roads and park roads under
            paragraph (1), the Secretary shall consult with the Secretary
            of the Interior and the States.
                ``(3) Inventory of historical bridges.--At the request of a
            State, the Secretary may inventory highway bridges on public
            roads for historical significance.
        ``(c) Certification by the State.--Not later than 180 days after
    the end of each fiscal year beginning with fiscal year 1998, each State
    shall certify to the Secretary, either that--
                ``(1) the State has reserved, from funds apportioned to the
            State for the preceding fiscal year, to carry out bridge
            projects eligible under sections 103(b)(5), 119, and 133(b), an
            amount that is not less than the amount apportioned to the
            State under this section for fiscal year 1997; or
                ``(2) the amount that the State will reserve, from funds
            apportioned to the State for the period consisting of fiscal
            years 1998 through 2001, to carry out bridge projects eligible
            under sections 103(b)(5), 119, and 133(b), will be not less
            than 4 times the amount apportioned to the State under this
            section for fiscal year 1997.
        ``(d) Use of Reserved Funds.--A State may use funds reserved under
    subsection (c) to replace, rehabilitate, reconstruct, seismically
    retrofit, paint, apply calcium magnesium acetate to, apply sodium
    acetate/formate deicer to, or install scour countermeasures on a
    highway bridge on a public road that crosses a waterway, other
    topographical barrier, other highway, or railroad.
        ``(e) Off-System Bridges.--
                ``(1) Required expenditure.--For each fiscal year, an
            amount equal to not less than 15 percent of the amount
            apportioned to a State under this section for fiscal year 1997
            shall be expended by the State for projects to replace,
            rehabilitate, reconstruct, seismically retrofit, paint, apply
            calcium magnesium acetate to, apply sodium acetate/formate
            deicer to, or install scour countermeasures on highway bridges
            located on public roads that are functionally classified as
            local roads or rural minor collectors.
                ``(2) Use of funds to meet required expenditure.--Funds
            reserved under subsection (c) and funds made available under
            section 104(b)(1) for the National Highway System or under
            section 104(b)(3) for the surface transportation program may be
            used to meet the requirement for expenditure under paragraph
            (1).
                ``(3) Reduction of required expenditure.--After
            consultation with local and State officials in a State, the
            Secretary may, with respect to the State, reduce the
            requirement for expenditure under paragraph (1) if the
            Secretary determines that the State has inadequate needs to
            justify the expenditure.
        ``(f) Federal Share.--The Federal share of the cost of a project
    under this section shall be as determined under section 120(b).
        ``(g) Bridge Permit Exemption.--
                ``(1) In general.--Subject to paragraph (2),
            notwithstanding any other provision of law, the General Bridge
            Act of 1946 (33 U.S.C. 525 et seq.) shall apply to each bridge
            authorized to be replaced, in whole or in part, under this
            section.
                ``(2) Exception.--Section 502(b) of the General Bridge Act
            of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3,
            1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401), shall not
            apply to any bridge constructed, reconstructed, rehabilitated,
            or replaced with assistance under this title if the bridge is
            over waters that are--
                        ``(A) not used and not susceptible to use in their
                    natural condition or by reasonable improvement as a
                    means to transport interstate or foreign commerce; and
                        ``(B)(i) not tidal; or
                        ``(ii) tidal but used only by recreational boating,
                    fishing, and other small vessels that are less than 21
                    feet in length.
        ``(h) Indian Reservation Road Bridges.--
                ``(1) Nationwide priority program.--The Secretary shall
            establish a nationwide priority program for improving deficient
            Indian reservation road bridges.
                ``(2) Reservation of funds.--
                        ``(A) In general.--Of the amounts authorized for
                    Indian reservation roads for each fiscal year, the
                    Secretary, in cooperation with the Secretary of the
                    Interior, shall reserve not less than $9,000,000 for
                    projects to replace, rehabilitate, seismically
                    retrofit, paint, apply calcium magnesium acetate to,
                    apply sodium acetate/formate deicer to, or install
                    scour countermeasures for deficient Indian reservation
                    road bridges, including multiple-pipe culverts.
                        ``(B) Eligible bridges.--To be eligible to receive
                    funding under this subsection, a bridge described in
                    subparagraph (A) must--
                                ``(i) have an opening of 20 feet or more;
                                ``(ii) be on an Indian reservation road;
                                ``(iii) be unsafe because of structural
                            deficiencies, physical deterioration, or
                            functional obsolescence; and
                                ``(iv) be recorded in the national bridge
                            inventory administered by the Secretary under
                            subsection (b).
                ``(3) Approval requirement.--Funds to carry out Indian
            reservation road bridge projects under this subsection shall be
            made available only on approval of plans, specifications, and
            estimates by the Secretary.'';
                (4) by redesignating subsection (o) as subsection (i); and
                (5) in subsection (i) (as so redesignated)--
                        (A) in paragraph (1), by inserting ``for
                    alternative transportation purposes (including bikeway
                    and walkway projects eligible for funding under this
                    title)'' after ``adaptive reuse'';
                        (B) in paragraph (3)--
                                (i) by inserting ``(regardless of whether
                            the intended use is for motorized vehicular
                            traffic or for alternative public
                            transportation purposes)'' after ``intended
                            use''; and
                                (ii) by inserting ``or for alternative
                            public transportation purposes'' after ``no
                            longer used for motorized vehicular traffic'';
                            and
                        (C) in the second sentence of paragraph (4)--
                                (i) by inserting ``for motorized vehicles,
                            alternative vehicular traffic, or alternative
                            public transportation'' after ``historic
                            bridge''; and
                                (ii) by striking ``up to an amount not to
                            exceed the cost of demolition''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by striking the item relating to section
    144 and inserting the following:

    ``144. Highway bridge replacement and rehabilitation.''.

    SEC. 1123. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

        (a) Established Program.--Section 149(a) of title 23, United States
    Code, is amended by striking ``Establishment.--The Secretary shall
    establish'' and inserting ``In General.--The Secretary shall carry
    out''.
        (b) Eligible Projects.--Section 149(b) of title 23, United States
    Code, is amended in the first sentence--
                (1) by striking ``that was designated as a nonattainment
            area under section 107(d) of the Clean Air Act (42 U.S.C.
            7407(d)) during any part of fiscal year 1994'' and inserting
            ``that is designated as a nonattainment area under section
            107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified
            under section 181(a) or 186(a) of the Clean Air Act (42 U.S.C.
            7511(a), 7512(a)) or classified as a submarginal ozone
            nonattainment area under that Act, or if the project or program
            is for a maintenance area,'';
                (2) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``clauses
                    (xii) and'' and inserting ``clause''; and
                        (B) in subparagraph (B), by striking ``such
                    section'' and inserting ``section 108(f)(1)(A) (other
                    than clause (xvi)) of the Clean Air Act (42 U.S.C.
                    7408(f)(1)(A))'';
                (3) in paragraph (2), by inserting ``or maintenance'' after
            ``State implementation'';
                (4) in paragraph (3), by inserting ``or maintenance of the
            standard'' after ``standard''; and
                (5) in paragraph (4), by inserting ``or maintenance'' after
            ``attainment''.
        (c) States Receiving Minimum Apportionment.--Section 149 of title
    23, United States Code, is amended by striking subsection (c) and
    inserting the following:
        ``(c) States Receiving Minimum Apportionment.--
                ``(1) States without a nonattainment area.--If a State does
            not have, and never has had, a nonattainment area designated
            under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may
            use funds apportioned to the State under section 104(b)(2) for
            any project eligible under the surface transportation program
            under section 133.
                ``(2) States with a nonattainment area.--If a State has a
            nonattainment area or maintenance area and receives funds under
            section 104(b)(2)(D) above the amount of funds that the State
            would have received based on its nonattainment and maintenance
            area population under subparagraphs (B) and (C) of section
            104(b)(2), the State may use that portion of the funds not
            based on its nonattainment and maintenance area population
            under subparagraphs (B) and (C) of section 104(b)(2) for any
            project in the State eligible under section 133.''.
        (d) Federal Share.--Section 120(c) of title 23, United States Code,
    is amended in the first sentence by striking ``The'' and inserting
    ``Except in the case of a project funded from sums apportioned under
    section 104(b)(2), the''.
        (e) Conforming Amendments.--
                (1) Section 101(a) of title 23, United States Code, is
            amended by inserting after the undesignated paragraph defining
            ``maintenance'' the following:
        ``The term `maintenance area' means an area that was designated as
    a nonattainment area, but was later redesignated by the Administrator
    of the Environmental Protection Agency as an attainment area, under
    section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).''.
                (2) Section 149(b)(1)(A)(ii) of title 23, United States
            Code, is amended by striking ``an area'' and all that follows
            and inserting ``a maintenance area; or''.

    SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.

        Section 355 of the National Highway System Designation Act of 1995
    (109 Stat. 624) is amended--
                (1) in the section heading, by striking ``and maine'';
                (2) in subsection (a)--
                        (A) by striking ``States of New Hampshire and Maine
                    shall each'' and inserting ``State of New Hampshire
                    shall''; and
                        (B) in paragraph (1), by striking ``and 1996'' and
                    inserting ``through 2000''; and
                (3) by striking ``or Maine'' each place it appears.

    SEC. 1125. SENSE OF THE SENATE CONCERNING RELIANCE ON PRIVATE
                  ENTERPRISE.

        (a) In General.--It is the sense of the Senate that each agency
    authorized to expend funds made available under this Act, or an
    amendment made by this Act, or a recipient of any form of a grant or
    other Federal assistance under this Act, or an amendment made by this
    Act--
                (1) should, in expending the funds or assistance, rely on
            entities in the private enterprise system to provide such goods
            and services as are reasonably and expeditiously available
            through ordinary business channels; and
                (2) shall not duplicate or compete with entities in the
            private enterprise system.
        (b) Procedures.--The Secretary should provide procedures to inform
    each agency that administers this Act and each recipient of a grant or
    other Federal assistance of the sense of the Senate expressed in
    subsection (a).

    SEC. 1126. STUDY OF USE OF UNIFORMED POLICE OFFICERS ON FEDERAL-AID
                  HIGHWAY CONSTRUCTION PROJECTS.

        (a) In General.--In consultation with the States and State
    transportation departments, the Secretary shall conduct a study on the
    extent and effectiveness of use by States of uniformed police officers
    on Federal-aid highway construction projects.
        (b) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to Congress a report on the
    results of the study conducted under subsection (a), including any
    legislative and administrative recommendations of the Secretary.

    SEC. 1127. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

        Section 112(b)(2) of title 23, United States Code, is amended--
                (1) in subparagraph (B)(i), by striking ``, except to'' and
            all that follows through ``services'';
                (2) by striking subparagraph (C) and inserting the
            following:
                        ``(C) Selection, performance, and audits.--
                                ``(i) In general.--All requirements for
                            architectural, engineering, and related
                            services at any phase of a highway project
                            funded in whole or in part with Federal-aid
                            highway funds, or reasonably expected or
                            intended to be part of 1 or more such projects,
                            shall be performed under a contract awarded in
                            accordance with subparagraph (A) unless the
                            simplified acquisition procedures of the
                            Federal Acquisition Regulations apply.
                                ``(ii) Prohibition on state restriction.--A
                            State shall not impose any overhead
                            restriction, or salary limitation inconsistent
                            with the Federal Acquisition Regulations, that
                            would preclude any qualified firm from being
                            eligible to compete for contracts awarded in
                            accordance with subparagraph (A).
                                ``(iii) Compliance with federal acquisition
                            regulations.--The process for selection, award,
                            performance, administration, and audit of the
                            resulting contracts shall comply with the
                            procedures, cost principles, and cost
                            accounting principles of the Federal
                            Acquisition Regulations, including parts 30,
                            31, and 36 of the Regulations.''; and
                (3) by adding at the end the following:
                        ``(H) Compliance.--
                                ``(i) In general.--A State shall comply
                            with the qualifications-based selection
                            procedures of the Federal Acquisition
                            Regulations, and the single audit procedures
                            required under this paragraph, or with an
                            existing State law or a statute enacted in
                            accordance with the legislative session
                            exemption under subparagraph (G), with respect
                            to any architecture, engineering, or related
                            service contract for any phase of a Federal-aid
                            highway project.
                                ``(ii) States with alternative process.--
                            Any State that, after November 28, 1995,
                            enacted legislation to establish an alternative
                            State procedure as a substitute for the
                            contract administration and audit procedures
                            required under this paragraph or was granted a
                            waiver under subparagraph (G) shall submit the
                            legislation to the Secretary, not later than 60
                            days after the date of enactment of this
                            subparagraph, for certification that the State
                            legislation is in compliance with the statutory
                            timetable and substantive criteria specified in
                            subparagraph (G).''.

    SEC. 1128. ADDITIONAL FUNDING.

        (a) In General.--
                (1) Apportionment.--On October 1, or as soon as practicable
            thereafter, of each fiscal year, after making apportionments
            and allocations under sections 104 and 105(a) of title 23,
            United States Code, and section 1102(c) of this Act, the
            Secretary shall apportion, in accordance with paragraph (2),
            the funds made available by paragraph (3) among the States in
            the ratio that--
                        (A) the total of the apportionments to each State
                    under section 104 of title 23, United States Code, and
                    section 1102(c) of this Act and the allocations to each
                    State under section 105(a) of that title (excluding
                    amounts made available under this section); bears to
                        (B) the total of all apportionments to all States
                    under section 104 of that title and section 1102(c) of
                    this Act and all allocations to all States under
                    section 105(a) of that title (excluding amounts made
                    available under this section).
                (2) Distribution among categories.--
                        (A) Limited flexible funding for certain states.--
                    For each fiscal year, in the case of each State that
                    does not receive funding under subsection (c) or an
                    allocation under subsection (d), an amount equal to 22
                    percent of the funds apportioned to the State under
                    paragraph (1) shall be set aside for use by the State
                    for any purpose eligible for funding under title 23,
                    United States Code, or this Act.
                        (B) Distribution of remaining funds.--
                                (i) In general.--For each fiscal year,
                            after application of subparagraph (A), the
                            remaining funds apportioned to each State under
                            paragraph (1) shall be apportioned in
                            accordance with clause (ii) among the following
                            categories:
                                        (I) The Interstate maintenance
                                    component of the Interstate and
                                    National Highway System program under
                                    section 104(b)(1)(A) of title 23,
                                    United States Code.
                                        (II) The Interstate bridge
                                    component of the Interstate and
                                    National Highway System program under
                                    section 104(b)(1)(B) of that title.
                                        (III) The National Highway System
                                    component of the Interstate and
                                    National Highway System program under
                                    section 104(b)(1)(C) of that title.
                                        (IV) The congestion mitigation and
                                    air quality improvement program under
                                    section 104(b)(2) of that title.
                                        (V) The surface transportation
                                    program under section 104(b)(3) of that
                                    title.
                                        (VI) Metropolitan planning under
                                    section 104(f) of that title.
                                        (VII) Minimum guarantee under
                                    section 105 of that title.
                                        (VIII) ISTEA transition under
                                    section 1102(c) of this Act.
                                (ii) Distribution formula.--For each State
                            and each fiscal year, the amount of funds
                            apportioned for each category under clause (i)
                            shall be equal to the product obtained by
                            multiplying--
                                        (I) the amount of funds apportioned
                                    to the State for the fiscal year under
                                    paragraph (1); by
                                        (II) the ratio that--
                                                (aa) the amount of funds
                                            apportioned to the State for
                                            the category for the fiscal
                                            year under the other sections
                                            of this Act and the amendments
                                            made by this Act; bears to
                                                (bb) the total amount of
                                            funds apportioned to the State
                                            for all of the categories for
                                            the fiscal year under the other
                                            sections of this Act and the
                                            amendments made by this Act.
                (3) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) to carry out this subsection $640,000,000 for
                    fiscal year 1998, $3,346,000,000 for fiscal year 1999,
                    $3,634,000,000 for fiscal year 2000, $3,881,000,000 for
                    fiscal year 2001, $3,831,000,000 for fiscal year 2002,
                    and $3,603,000,000 for fiscal year 2003.
                        (B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code.
        (b) Other Adjustments.--
                (1) In general.--Notwithstanding sections 1116, 1117, and
            1118, and the amendments made by those sections--
                        (A) in addition to the amounts authorized to be
                    appropriated under section 1116(d)(5), there shall be
                    available from the Highway Trust Fund (other than the
                    Mass Transit Account) to carry out section 1116(d)
                    $90,000,000 for each of fiscal years 1999 through 2003;
                    and
                        (B) in addition to the funds made available under
                    the amendment made by section 1117(d), there shall be
                    available from the Highway Trust Fund (other than the
                    Mass Transit Account) in the manner described in, and
                    to carry out the purposes specified in, that amendment
                    $378,000,000 for each of fiscal years 1999 through
                    2003, except that the funds made available under this
                    subparagraph, notwithstanding section 118(e)(1)(C)(v)
                    of title 23, United States Code, and section
                    201(g)(1)(B) of the Appalachian Regional Development
                    Act of 1965 (40 U.S.C. App.), shall be subject to
                    subparagraphs (A) and (B) of section 118(e)(1) of that
                    title.
                (2) Contract authority.--Funds authorized under
            subparagraphs (A) and (B) of paragraph (1) shall be available
            for obligation in the same manner as if the funds were
            apportioned under chapter 1 of title 23, United States Code.
                (3) Limitation.--No obligation authority shall be made
            available for any amounts authorized under this subsection for
            any fiscal year for which any obligation limitation established
            for Federal-aid highways is less than the obligation limitation
            established for fiscal year 1998.
        (c) High Density Transportation Program.--
                (1) In general.--There is established the high density
            transportation program (referred to in this subsection as the
            ``program'') to provide funding to States that have higher-
            than-average population density.
                (2) Determinations.--
                        (A) In general.--On October 1, or as soon as
                    practicable thereafter, of each of fiscal years 1999
                    through 2003, the Secretary shall determine for each
                    State and the fiscal year--
                                (i) the population density of the State;
                                (ii) the total vehicle miles traveled on
                            lanes on Federal-aid highways in the State
                            during the latest year for which data are
                            available;
                                (iii) the ratio that--
                                        (I) the total lane miles on
                                    Federal-aid highways in urban areas in
                                    the State; bears to
                                        (II) the total lane miles on all
                                    Federal-aid highways in the State; and
                                (iv) the quotient obtained by dividing--
                                        (I) the sum of--
                                                (aa) the amounts
                                            apportioned to the State under
                                            section 104 of title 23, United
                                            States Code, for the Interstate
                                            and National Highway System
                                            program, the surface
                                            transportation program, and the
                                            congestion mitigation and air
                                            quality improvement program;
                                                (bb) the amounts allocated
                                            to the State under the minimum
                                            guarantee program under section
                                            105 of that title; and
                                                (cc) the amounts
                                            apportioned to the State under
                                            section 1102(c) of this Act for
                                            ISTEA transition; by
                                        (II) the population of the State
                                    (as determined based on the latest
                                    available annual estimates prepared by
                                    the Secretary of Commerce).
                        (B) National average.--Using the data determined
                    under subparagraph (A), the Secretary shall determine
                    the national average with respect to each of the
                    factors described in clauses (i) through (iv) of
                    subparagraph (A).
                (3) Eligibility criteria.--A State shall be eligible to
            receive funding under the program if--
                        (A) the amount determined for the State under
                    paragraph (2)(A) with respect to each factor described
                    in clauses (i) through (iii) of paragraph (2)(A) is
                    greater than the national average with respect to the
                    factor determined under paragraph (2)(B); and
                        (B) the amount determined for the State with
                    respect to the factor described in paragraph (2)(A)(iv)
                    is less than 85 percent of the national average with
                    respect to the factor determined under paragraph
                    (2)(B).
                (4) Distribution of funds.--
                        (A) Availability to states.--For each fiscal year,
                    except as provided in subparagraph (D), each State that
                    meets the eligibility criteria under paragraph (3)
                    shall receive a portion of the funds made available to
                    carry out the program that is--
                                (i) not less than $36,000,000; but
                                (ii) not more than 15 percent of the funds.
                        (B) State notification.--On October 1, or as soon
                    as practicable thereafter, of each fiscal year, the
                    Secretary shall notify each State that meets the
                    eligibility criteria under paragraph (3) that the State
                    is eligible to apply for funding under the program.
                        (C) Project proposals.--
                                (i) Submission.--
                                        (I) In general.--After receipt of a
                                    notification of eligibility under
                                    subparagraph (B), to receive funds
                                    under the program, a State, in
                                    consultation with the appropriate
                                    metropolitan planning organizations,
                                    shall submit to the Secretary proposals
                                    for projects aimed at improving
                                    mobility in densely populated areas
                                    where traffic loads and highway
                                    maintenance costs are high.
                                        (II) Total cost of projects.--The
                                    estimated total cost of the projects
                                    proposed by each State shall be equal
                                    to at least 3 times the amount that the
                                    State is eligible to receive under
                                    subparagraph (A).
                                (ii) Selection.--The Secretary shall select
                            projects for funding under the program based on
                            factors determined by the Secretary to reflect
                            the degree to which a project will improve
                            mobility in densely populated areas where
                            traffic loads and highway maintenance costs are
                            high.
                                (iii) Deadlines.--The Secretary may
                            establish deadlines for States to submit
                            project proposals, except that in the case of
                            fiscal year 1998 the deadline may not be
                            earlier than July 1, 1998.
                        (D) Redistribution of funds.--For each fiscal year,
                    if a State does not have pending, by the deadline
                    established under subparagraph (C)(iii), applications
                    for projects with an estimated total cost equal to at
                    least 3 times the amount that the State is eligible to
                    receive under subparagraph (A), the Secretary may
                    redistribute, to 1 or more other States, at the
                    Secretary's discretion, \1/3\ of the amount by which
                    the estimated cost of the State's applications is less
                    than 3 times the amount that the State is eligible to
                    receive.
                (5) Other eligible states.--In addition to States that meet
            the eligibility criteria under paragraph (3), a State with
            respect to which the following conditions are met shall also be
            eligible for the funds made available to carry out the program
            that remain after each State that meets the eligibility
            criteria under paragraph (3) has received the minimum amount of
            funds specified in paragraph (4)(A)(i):
                        (A) Population density.--The population density of
                    the State is at least 50 percent greater than the
                    population density of the United States (as determined
                    on the basis of the 1990 Federal census).
                        (B) Through truck traffic.--The quotient obtained
                    by dividing--
                                (i) the annual quantity of through truck
                            ton-miles in the State (as determined based on
                            the latest available estimates published by the
                            Secretary); by
                                (ii) the annual quantity of total truck
                            ton-miles in the State (as determined based on
                            the latest available estimates published by the
                            Secretary);
                    is greater than 0.60.
                (6) Additional eligible states.--In addition to States that
            meet the eligibility criteria under paragraph (3), a State with
            respect to which the following conditions are met shall also be
            eligible for the funds made available to carry out the program
            that remain after each State that meets the eligibility
            criteria under paragraph (3) has received the minimum amount of
            funds specified in paragraph (4)(A)(i):
                        (A) Population density.--The population density of
                    the State is greater than 161 individuals per square
                    mile.
                        (B) Vehicle miles traveled.--The amount determined
                    for the State under paragraph (2)(A) with respect to
                    the factor described in paragraph (2)(A)(ii) is greater
                    than the national average with respect to the factor
                    determined under paragraph (2)(B).
                        (C) Urban federal-aid lane miles.--The ratio that--
                                (i) the total lane miles on Federal-aid
                            highways in urban areas in the State; bears to
                                (ii) the total lane miles on all Federal-
                            aid highways in the State;
                    is greater than or equal to 0.26.
                        (D) Apportionments per capita.--The amount
                    determined for the State with respect to the factor
                    described in paragraph (2)(A)(iv) is less than 85
                    percent of the national average with respect to the
                    factor determined under paragraph (2)(B).
                (7) Eligible projects.--Funds made available to carry out
            the program may be used for any project eligible for funding
            under title 23, United States Code, or this Act.
                (8) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) to carry out this subsection $360,000,000 for
                    each of fiscal years 1999 through 2003.
                        (B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code.
                (9) Limitations.--
                        (A) Applicability of obligation limitations.--Funds
                    made available under this subsection shall be subject
                    to subparagraphs (A) and (B) of section 118(e)(1) of
                    that title.
                        (B) Limitation on availability.--No obligation
                    authority shall be made available for any amounts
                    authorized under this subsection for any fiscal year
                    for which any obligation limitation established for
                    Federal-aid highways is less than the obligation
                    limitation established for fiscal year 1998.
        (d) Bonus Program.--
                (1) In general.--For each of fiscal years 1998 through
            2003, after making apportionments and allocations under section
            1102 and the amendments made by that section, the Secretary
            shall allocate to each of the States listed in the following
            table the amount specified for the State in the following
            table:

    ----------------------------------------------------------------------------------------------------------------
                                                Fiscal Year (amounts in thousands of dollars)
           State        --------------------------------------------------------------------------------------------
                              1998            1999            2000            2001           2002           2003
    ----------------------------------------------------------------------------------------------------------------
    Alabama              $4,969          $11,021         $11,093         $11,169        $11,253        $11,352
    ----------------------------------------------------------------------------------------------------------------
    Arizona              $3,864          $14,418         $14,474         $14,533        $14,598        $14,676
    ----------------------------------------------------------------------------------------------------------------
    California           $10,353         $47,050         $48,691         $48,094        $39,345        $35,119
    ----------------------------------------------------------------------------------------------------------------
    Florida              $11,457         $30,175         $30,342         $30,518        $30,710        $30,940
    ----------------------------------------------------------------------------------------------------------------
    Georgia              $8,723          $19,347         $19,474         $19,608        $19,754        $19,930
    ----------------------------------------------------------------------------------------------------------------
    Illinois             $8,277          $21,800         $21,921         $22,048        $22,187        $22,353
    ----------------------------------------------------------------------------------------------------------------
    Indiana              $6,052          $22,580         $22,668         $22,761        $22,862        $22,984
    ----------------------------------------------------------------------------------------------------------------
    Kentucky             $4,316          $9,573          $9,636          $9,703         $9,775         $9,862
    ----------------------------------------------------------------------------------------------------------------
    Maryland             $3,749          $4,202          $4,257          $4,314         $4,377         $4,452
    ----------------------------------------------------------------------------------------------------------------
    Michigan             $7,849          $29,286         $29,400         $29,521        $29,652        $29,810
    ----------------------------------------------------------------------------------------------------------------
    North Carolina       $7,032          $15,597         $15,700         $15,808        $15,925        $16,067
    ----------------------------------------------------------------------------------------------------------------
    Ohio                 $8,567          $9,601          $9,726          $9,858         $10,001        $10,173
    ----------------------------------------------------------------------------------------------------------------
    Pennsylvania         $5,409          $4,174          $60             $0             $0             $0
    ----------------------------------------------------------------------------------------------------------------
    South Carolina       $3,953          $12,966         $13,023         $13,084        $13,150        $13,230
    ----------------------------------------------------------------------------------------------------------------
    Tennessee            $5,631          $12,490         $12,572         $12,658        $12,752        $12,866
    ----------------------------------------------------------------------------------------------------------------
    Texas                $17,129         $63,908         $64,157         $64,421        $64,707        $65,052
    ----------------------------------------------------------------------------------------------------------------
    Virginia             $6,368          $14,124         $14,217         $14,315        $14,421        $14,549
    ----------------------------------------------------------------------------------------------------------------
    Wisconsin            $4,520          $16,864         $16,929         $16,999        $17,075        $17,165
    ----------------------------------------------------------------------------------------------------------------

                (2) Eligible purposes.--Amounts allocated under paragraph
            (1) shall be available for any purpose eligible for funding
            under title 23, United States Code, or this Act.
                (3) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) such sums as are necessary to carry out this
                    subsection.
                        (B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code.
                (4) Limitations.--
                        (A) Applicability of obligation limitations.--Funds
                    made available under this subsection shall be subject
                    to subparagraphs (A) and (B) of section 118(e)(1) of
                    that title.
                        (B) Limitation on availability.--No obligation
                    authority shall be made available for any amounts
                    authorized under this subsection for any fiscal year
                    for which any obligation limitation established for
                    Federal-aid highways is less than the obligation
                    limitation established for fiscal year 1998.
        (e) Federal Lands Highways Program.--
                (1) In general.--In addition to the amounts made available
            under section 1101(4), there shall be available from the
            Highway Trust Fund (other than the Mass Transit Account)--
                        (A) for Indian reservation roads under section 204
                    of title 23, United States Code, $50,000,000 for each
                    of fiscal years 1999 through 2003;
                        (B) for parkways and park roads under section 204
                    of title 23, United States Code, $70,000,000 for each
                    of fiscal years 1999 through 2003, of which $20,000,000
                    for each fiscal year shall be available to maintain and
                    improve public roads that provide access to or within
                    units of the National Wildlife Refuge System; and
                        (C) for public lands highways under section 204 of
                    title 23, United States Code, $50,000,000 for each of
                    fiscal years 1999 through 2003.
                (2) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) such sums as are necessary to carry out this
                    subsection.
                        (B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code.
                (3) Limitations.--
                        (A) Applicability of obligation limitations.--Funds
                    made available under this subsection shall be subject
                    to subparagraphs (A) and (B) of section 118(e)(1) of
                    that title.
                        (B) Limitation on availability.--No obligation
                    authority shall be made available for any amounts
                    authorized under this subsection for any fiscal year
                    for which any obligation limitation established for
                    Federal-aid highways is less than the obligation
                    limitation established for fiscal year 1998.
        (f) Preference in Interstate  4R and Bridge Discretionary Program
    Allocations.--In allocating funds under section 104(k) of title 23,
    United States Code, the Secretary shall give preference to States--
                (1)(A) with respect to which at least 40 percent of the
            bridges in the State are functionally obsolete and structurally
            deficient; and
                (B) that do not receive assistance made available under
            subsection (b)(1)(B) or funding under subsection (c); or
                (2) that are bordered by 2 navigable rivers listed under
            section 1804 of title 33, United States Code, that each
            comprise at least 10 percent of the boundary of the State.
        (g) Additional Allocations.--
                (1) In general.--For each of fiscal years 1999 through
            2003, after making apportionments and allocations under
            sections 104 and 105(a) of title 23, United States Code, and
            section 1102(c) of this Act, the Secretary shall allocate to
            each of the following States the following amount specified for
            the State:
                        (A) Arizona: $7,016,000.
                        (B) Indiana: $9,290,000.
                        (C) Michigan: $11,158,000.
                        (D) Oklahoma: $6,924,000.
                        (E) South Carolina: $7,109,000.
                        (F) Texas: $20,804,000.
                        (G) Wisconsin: $7,699,000.
                (2) Eligible purposes.--Amounts allocated under paragraph
            (1) shall be available for any purpose eligible for funding
            under title 23, United States Code, or this Act.
                (3) Authorization of contract authority.--
                        (A) In general.--There shall be available from the
                    Highway Trust Fund (other than the Mass Transit
                    Account) such sums as are necessary to carry out this
                    subsection.
                        (B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1 of title 23, United States Code.
                (4) Limitations.--
                        (A) Applicability of obligation limitations.--Funds
                    made available under this subsection shall be subject
                    to subparagraphs (A) and (B) of section 118(e)(1) of
                    that title.
                        (B) Limitation on availability.--No obligation
                    authority shall be made available for any amounts
                    authorized under this subsection for any fiscal year
                    for which any obligation limitation established for
                    Federal-aid highways is less than the obligation
                    limitation established for fiscal year 1998.

    SEC. 1129. AMBASSADOR BRIDGE ACCESS, DETROIT, MICHIGAN.

        (a) In General.--Notwithstanding section 129 of title 23, United
    States Code, or any other provision of law, improvements to access
    roads and construction of access roads, approaches, and related
    facilities (such as signs, lights, and signals) necessary to connect
    the Ambassador Bridge in Detroit, Michigan, to the Interstate System
    shall be eligible for funds apportioned under paragraphs (1)(C) and (3)
    of section 104(b) of that title.
        (b) Use of Funds.--Funds described in subsection (a) shall not be
    used for any improvement to, or construction of, the bridge itself.

    SEC. 1130. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

        (a) Purpose.--The purpose of this section is to authorize the
    provision of assistance for, and support of, State and local efforts
    concerning surface transportation issues necessary to obtain the
    national recognition and economic benefits of participation in the
    International Olympic movement and the International Paralympic
    movement by hosting international quadrennial Olympic and Paralympic
    events in the United States.
        (b) Priority for Transportation Projects Relating to Olympic and
    Paralympic Events.--Notwithstanding any other provision of law, from
    funds available to carry out section 104(k) of title 23, United States
    Code, the Secretary may give priority to funding for a transportation
    project relating to an international quadrennial Olympic or Paralympic
    event if--
                (1) the project meets the extraordinary needs associated
            with an international quadrennial Olympic or Paralympic event;
            and
                (2) the project is otherwise eligible for assistance under
            section 104(k) of that title.
        (c) Transportation Planning Activities.--The Secretary may
    participate in--
                (1) planning activities of States and metropolitan planning
            organizations and transportation projects relating to an
            international quadrennial Olympic or Paralympic event under
            sections 134 and 135 of title 23, United States Code; and
                (2) developing intermodal transportation plans necessary
            for the projects in coordination with State and local
            transportation agencies.
        (d) Funding.--Notwithstanding section 541(a) of title 23, United
    States Code, from funds made available under that section, the
    Secretary may provide assistance for the development of an Olympic and
    a Paralympic transportation management plan in cooperation with an
    Olympic Organizing Committee responsible for hosting, and State and
    local communities affected by, an international quadrennial Olympic or
    Paralympic event.
        (e) Transportation Projects Relating to Olympic and Paralympic
    Events.--
                (1) In general.--The Secretary may provide assistance,
            including planning, capital, and operating assistance, to
            States and local governments in carrying out transportation
            projects relating to an international quadrennial Olympic or
            Paralympic event.
                (2) Federal share.--The Federal share of the cost of a
            project assisted under this subsection shall not exceed 80
            percent.
        (f) Eligible Governments.--A State or local government shall be
    eligible to receive assistance under this section only if the
    government is hosting a venue that is part of an international
    quadrennial Olympics that is officially selected by the International
    Olympic Committee.
        (g) Authorization of Appropriations.--There are authorized to be
    appropriated from the Highway Trust Fund (other than the Mass Transit
    Account) to carry out this section such sums as are necessary for each
    of fiscal years 1998 through 2003.

    SEC. 1131. NATIONAL DEFENSE HIGHWAYS OUTSIDE THE UNITED STATES.

        (a) Reconstruction Projects.--If the Secretary determines, after
    consultation with the Secretary of Defense, that a highway, or a
    portion of a highway, located outside the United States is important to
    the national defense, the Secretary may carry out a project for
    reconstruction of the highway or portion of highway.
        (b) Funding.--
                (1) In general.--For each of fiscal years 1998 through
            2003, the Secretary may set aside not to exceed $16,000,000
            from amounts to be apportioned under section 104(b)(1)(A) of
            title 23, United States Code, to carry out this section.
                (2) Availability.--Funds made available under paragraph (1)
            shall remain available until expended.

    SEC. 1132. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.

        (a) Definitions.--In this section:
                (1) Covered bridge.--The term ``covered bridge''--
                        (A) means a roofed bridge that is made primarily of
                    wood; and
                        (B) includes the roof, flooring, trusses, joints,
                    walls, piers, footings, walkways, support structures,
                    arch systems, and underlying land.
                (2) Historic covered bridge.--The term ``historic covered
            bridge'' means a covered bridge that--
                        (A) is at least 50 years old; or
                        (B) is listed on the National Register of Historic
                    Places.
        (b) Historic Covered Bridge Preservation.--The Secretary shall--
                (1) develop and maintain a list of historic covered
            bridges;
                (2) collect and disseminate information concerning historic
            covered bridges;
                (3) foster educational programs relating to the history,
            construction techniques, and contribution to society of
            historic covered bridges;
                (4) sponsor or conduct research on the history of covered
            bridges; and
                (5) sponsor or conduct research, and study techniques, on
            protecting covered bridges from rot, fire, natural disasters,
            or weight-related damage.
        (c) Direct Federal Assistance.--
                (1) In general.--Subject to the availability of
            appropriations, the Secretary shall make a grant to a State
            that submits an application to the Secretary that demonstrates
            a need for assistance in carrying out 1 or more historic
            covered bridge projects described in paragraph (2).
                (2) Types of project.--A grant under paragraph (1) may be
            made for a project--
                        (A) to rehabilitate or repair a historic covered
                    bridge;
                        (B) to preserve a historic covered bridge,
                    including through--
                                (i) installation of a fire protection
                            system, including a fireproofing or fire
                            detection system and sprinklers;
                                (ii) installation of a system to prevent
                            vandalism and arson; or
                                (iii) relocation of a bridge to a
                            preservation site; and
                        (C) to conduct a field test on a historic covered
                    bridge or evaluate a component of a historic covered
                    bridge, including through destructive testing of the
                    component.
                (3) Authenticity.--A grant under paragraph (1) may be made
            for a project only if--
                        (A) to the maximum extent practicable, the
                    project--
                                (i) is carried out in the most historically
                            appropriate manner; and
                                (ii) preserves the existing structure of
                            the historic covered bridge; and
                        (B) the project provides for the replacement of
                    wooden components with wooden components, unless the
                    use of wood is impracticable for safety reasons.
        (d) Funding.--There is authorized to be appropriated to carry out
    this section $10,000,000 for each of fiscal years 1999 through 2003, to
    remain available until expended.

                Subtitle B--Program Streamlining and Flexibility

                         CHAPTER 1--GENERAL PROVISIONS

    SEC. 1201. ADMINISTRATIVE EXPENSES.

        Section 104 of title 23, United States Code, is amended by striking
    subsection (a) and inserting the following:
        ``(a) Administrative Expenses.--
                ``(1) In general.--Whenever an apportionment is made of the
            sums made available for expenditure on the surface
            transportation program under section 133, the congestion
            mitigation and air quality improvement program under section
            149, or the Interstate and National Highway System program
            under section 103, the Secretary shall deduct a sum, in an
            amount not to exceed 1\1/2\ percent of all sums so made
            available, as the Secretary determines necessary to administer
            the provisions of law to be financed from appropriations for
            the Federal-aid highway program and programs authorized under
            chapter 2.
                ``(2) Consideration of unobligated balances.--In making the
            determination described in paragraph (1), the Secretary shall
            take into account the unobligated balance of any sums deducted
            under this subsection in prior fiscal years.
                ``(3) Availability.--The sum deducted under paragraph (1)
            shall remain available until expended.''.

    SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.

        (a) Advance Acquisition of Real Property.--Section 108 of title 23,
    United States Code, is amended--
                (1) by striking the section heading and inserting the
            following:
    ``Sec. 108. Advance acquisition of real property'';
            and
                (2) by striking subsection (a) and inserting the following:
        ``(a) In General.--
                ``(1) Availability of funds.--For the purpose of
            facilitating the timely and economical acquisition of real
            property for a transportation improvement eligible for funding
            under this title, the Secretary, upon the request of a State,
            may make available, for the acquisition of real property, such
            funds apportioned to the State as may be expended on the
            transportation improvement, under such rules and regulations as
            the Secretary may issue.
                ``(2) Construction.--The agreement between the Secretary
            and the State for the reimbursement of the cost of the real
            property shall provide for the actual construction of the
            transportation improvement within a period not to exceed 20
            years following the fiscal year for which the request is made,
            unless the Secretary determines that a longer period is
            reasonable.''.
        (b) Credit for Acquired Lands.--Section 323(b) of title 23, United
    States Code, is amended--
                (1) in the subsection heading, by striking ``Donated'' and
            inserting ``Acquired'';
                (2) by striking paragraphs (1) and (2) and inserting the
            following:
                ``(1) In general.--Notwithstanding any other provision of
            this title, the State share of the cost of a project with
            respect to which Federal assistance is provided from the
            Highway Trust Fund (other than the Mass Transit Account) may be
            credited in an amount equal to the fair market value of any
            land that--
                        ``(A) is obtained by the State or a unit of local
                    government in the State, without violation of Federal
                    law;
                        ``(B) is incorporated into the project;
                        ``(C) is not land described in section 138; and
                        ``(D) does not influence the environmental
                    assessment of the project, including--
                                ``(i) the decision as to the need to
                            construct the project;
                                ``(ii) the consideration of alternatives;
                            and
                                ``(iii) the selection of a specific
                            location.
                ``(2) Establishment of fair market value.--The fair market
            value of land incorporated into a project and credited under
            paragraph (1) shall be established in the manner determined by
            the Secretary, except that--
                        ``(A) the fair market value shall not include any
                    increase or decrease in the value of donated property
                    caused by the project; and
                        ``(B) the fair market value of donated land shall
                    be established as of the earlier of--
                                ``(i) the date on which the donation
                            becomes effective; or
                                ``(ii) the date on which equitable title to
                            the land vests in the State.'';
                (3) in paragraph (3), by striking ``agency of a Federal,
            State, or local government'' and inserting ``agency of the
            Federal Government'';
                (4) in paragraph (4), by striking ``to which the donation
            is applied''; and
                (5) by redesignating paragraph (4) as paragraph (3).
        (c) Crediting of Contributions by Units of Local Government Toward
    the State Share.--Section 323 of title 23, United States Code, is
    amended by adding at the end the following:
        ``(e) Crediting of Contributions by Units of Local Government
    Toward the State Share.--A contribution by a unit of local government
    of real property, funds, material, or a service in connection with a
    project eligible for assistance under this title shall be credited
    against the State share of the project at the fair market value of the
    real property, funds, material, or service.''.
        (d) Conforming Amendments.--
                (1) Section 323 of title 23, United States Code, is amended
            by striking the section heading and inserting the following:
    ``Sec. 323. Donations and credits''.
                (2) The analysis for chapter 1 of title 23, United States
            Code, is amended--
                        (A) by striking the item relating to section 108
                    and inserting the following:

    ``108. Advance acquisition of real property.'';
                    and
                        (B) by striking the item relating to section 323
                    and inserting the following:

    ``323. Donations and credits.''.

    SEC. 1203. AVAILABILITY OF FUNDS.

        Section 118 of title 23, United States Code, is amended by striking
    subsection (e) and inserting the following:
        ``(e) Availability of Funds.--
                ``(1) In general.--Any Federal-aid highway funds released
            by the final payment on a project, or by the modification of a
            project agreement, shall be credited to the same program
            funding category for which the funds were previously
            apportioned and shall be immediately available for obligation.
                ``(2) Transfer of interstate construction funds.--Any
            Federal-aid highway funds apportioned to a State under section
            104(b)(5)(A) (as in effect on the day before the date of
            enactment of this paragraph) and credited under paragraph (1)
            may be transferred by the Secretary in accordance with section
            103(d).''.

    SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.

        Section 121 of title 23, United States Code, is amended--
                (1) in subsection (a), by striking the second and third
            sentences and inserting the following: ``The payments may also
            be made for the value of such materials as--
                ``(1) have been stockpiled in the vicinity of the
            construction in conformity to plans and specifications for the
            projects; and
                ``(2) are not in the vicinity of the construction if the
            Secretary determines that because of required fabrication at an
            off-site location the materials cannot be stockpiled in the
            vicinity.'';
                (2) by striking subsection (b) and inserting the following:
        ``(b) Project Agreements.--
                ``(1) Payments.--A payment under this chapter may be made
            only for a project covered by a project agreement.
                ``(2) Source of payments.--After completion of a project in
            accordance with the project agreement, a State shall be
            entitled to payment, out of the appropriate sums apportioned or
            allocated to the State, of the unpaid balance of the Federal
            share of the cost of the project.'';
                (3) by striking subsections (c) and (d); and
                (4) by redesignating subsection (e) as subsection (c).

    SEC. 1205. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.

        (a) In General.--Section 156 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 156. Proceeds from the sale or lease of real property
        ``(a) Minimum Charge.--Subject to section 142(f), a State shall
    charge, at a minimum, fair market value for the sale, use, lease, or
    lease renewal (other than for utility use and occupancy or for a
    transportation project eligible for assistance under this title) of
    real property acquired with Federal assistance made available from the
    Highway Trust Fund (other than the Mass Transit Account).
        ``(b) Exceptions.--The Secretary may grant an exception to the
    requirement of subsection (a) for a social, environmental, or economic
    purpose.
        ``(c) Use of Federal Share of Income.--The Federal share of net
    income from the revenues obtained by a State under subsection (a) shall
    be used by the State for projects eligible under this title.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by striking the item relating to section
    156 and inserting the following:

    ``156. Proceeds from the sale or lease of real property.''.

    SEC. 1206. METRIC CONVERSION AT STATE OPTION.

        Section 205(c)(2) of the National Highway System Designation Act of
    1995 (23 U.S.C. 109 note; 109 Stat. 577) is amended by striking
    ``Before September 30, 2000, the'' and inserting ``The''.

    SEC. 1207. REPORT ON OBLIGATIONS.

        Section 104(m) of title 23, United States Code (as redesignated by
    section 1113(c)(1)), is amended--
                (1) by inserting ``Report to Congress.--'' before ``The
            Secretary'';
                (2) by striking ``not later than'' and all that follows
            through ``a report'' and inserting ``a report for each fiscal
            year'';
                (3) in paragraph (1), by striking ``preceding calendar
            month'' and inserting ``preceding fiscal year'';
                (4) by striking paragraph (2);
                (5) in paragraph (3), by striking ``such preceding month''
            and inserting ``that preceding fiscal year''; and
                (6) by redesignating paragraphs (3) and (4) as paragraphs
            (2) and (3), respectively.

    SEC. 1208. TERMINATIONS.

        (a) Right-of-Way Revolving Fund.--Section 108 of title 23, United
    States Code, is amended by striking subsection (c) and inserting the
    following:
        ``(c) Termination of Right-of-Way Revolving Fund.--
                ``(1) In general.--Funds apportioned and advanced to a
            State by the Secretary from the right-of-way revolving fund
            established by this section prior to the date of enactment of
            the Intermodal Surface Transportation Efficiency Act of 1998
            shall remain available to the State for use on the projects for
            which the funds were advanced for a period of 20 years from the
            date on which the funds were advanced.
                ``(2) Credit to highway trust fund.--With respect to a
            project for which funds have been advanced from the right-of-
            way revolving fund, upon the termination of the 20-year period
            referred to in paragraph (1), when actual construction is
            commenced, or upon approval by the Secretary of the plans,
            specifications, and estimates for the actual construction of
            the project on the right-of-way, whichever occurs first--
                        ``(A) the Highway Trust Fund shall be credited with
                    an amount equal to the Federal share of the funds
                    advanced, as provided in section 120, out of any
                    Federal-aid highway funds apportioned to the State in
                    which the project is located and available for
                    obligation for projects of the type funded; and
                        ``(B) the State shall reimburse the Secretary in an
                    amount equal to the non-Federal share of the funds
                    advanced for deposit in, and credit to, the Highway
                    Trust Fund.''.
        (b) Pilot Toll Collection Program.--Section 129 of title 23, United
    States Code, is amended by striking subsection (d).
        (c) National Recreational Trails Advisory Committee.--As soon as
    practicable after the date of enactment of this Act, the Secretary
    shall take such action as is necessary for the termination of the
    National Recreational Trails Advisory Committee established by section
    1303 of the Intermodal Surface Transportation Efficiency Act of 1991
    (16 U.S.C. 1262) (as in effect on the day before the date of enactment
    of this Act).
        (d) Congressional Bridge Commissions.--Public Law 87-441 (76 Stat.
    59) is repealed.

    SEC. 1209. INTERSTATE MAINTENANCE.

        (a) Interstate Funds.--Section 119 of title 23, United States Code,
    is amended--
                (1) in subsection (a), by striking the second sentence;
                (2) by striking subsection (d); and
                (3) by striking subsection (f) and inserting the following:
        ``(f) Transferability of Funds.--
                ``(1) Unconditional.--A State may transfer an amount not to
            exceed 30 percent of the sums apportioned to the State under
            subparagraphs (A) and (B) of section 104(b)(1) to the
            apportionment of the State under paragraphs (1)(C) and (3) of
            section 104(b).
                ``(2) Upon acceptance of certification.--If a State
            certifies to the Secretary that any part of the sums
            apportioned to the State under subparagraphs (A) and (B) of
            section 104(b)(1) is in excess of the needs of the State for
            resurfacing, restoring, rehabilitating, or reconstructing
            routes and bridges on the Interstate System in the State and
            that the State is adequately maintaining the routes and
            bridges, and the Secretary accepts the certification, the State
            may transfer, in addition to the amount authorized to be
            transferred under paragraph (1), an amount not to exceed 20
            percent of the sums apportioned to the State under
            subparagraphs (A) and (B) of section 104(b)(1) to the
            apportionment of the State under paragraphs (1)(C) and (3) of
            section 104(b).''.
        (b) Eligibility.--Section 119 of title 23, United States Code, is
    amended--
                (1) in the first sentence of subsection (a), by striking
            ``and rehabilitating'' and inserting ``, rehabilitating, and
            reconstructing'';
                (2) by striking subsections (b), (c), (e), and (g);
                (3) by inserting after subsection (a) the following:
        ``(b) Eligible Activities.--
                ``(1) In general.--A State--
                        ``(A) may use funds apportioned under subparagraph
                    (A) or (B) of section 104(b)(1) for resurfacing,
                    restoring, rehabilitating, and reconstructing routes on
                    the Interstate System, including--
                                ``(i) resurfacing, restoring,
                            rehabilitating, and reconstructing bridges,
                            interchanges, and overcrossings;
                                ``(ii) acquiring rights-of-way; and
                                ``(iii) intelligent transportation system
                            capital improvements that are infrastructure-
                            based to the extent that they improve the
                            performance of the Interstate System; but
                        ``(B) may not use the funds for construction of new
                    travel lanes other than high-occupancy vehicle lanes or
                    auxiliary lanes.
                ``(2) Expansion of capacity.--
                        ``(A) Using transferred funds.--Notwithstanding
                    paragraph (1), funds transferred under subsection
                    (c)(1) may be used for construction to provide for
                    expansion of the capacity of an Interstate System
                    highway (including a bridge).
                        ``(B) Using funds not transferred.--
                                ``(i) In general.--In lieu of transferring
                            funds under subsection (c)(1) and using the
                            transferred funds for the purpose described in
                            subparagraph (A), a State may use an amount of
                            the sums apportioned to the State under
                            subparagraph (A) or (B) of section 104(b)(1)
                            for the purpose described in subparagraph (A).
                                ``(ii) Limitation.--The sum of the amount
                            used under clause (i) and any amount
                            transferred under subsection (c)(1) by a State
                            may not exceed 30 percent of the sums
                            apportioned to the State under subparagraphs
                            (A) and (B) of section 104(b)(1).''; and
                (4) by redesignating subsection (f) as subsection (c).
        (c) Conforming Amendments.--
                (1) Section 119(a) of title 23, United States Code, is
            amended in the first sentence by striking ``; except that the
            Secretary may only approve a project pursuant to this
            subsection on a toll road if such road is subject to a
            Secretarial agreement provided for in subsection (e)''.
                (2) Section 1009(c)(2) of the Intermodal Surface
            Transportation Efficiency Act of 1991 (23 U.S.C. 119 note; 105
            Stat. 1934) is amended by striking ``section 119(f)(1)'' and
            inserting ``section 119(c)(1)''.

    SEC. 1210. ENGINEERING COST REIMBURSEMENT.

        Section 102(b) of title 23, United States Code, is amended in the
    first sentence by inserting before the period at the end the following:
    ``unless, before the end of the 10-year period, the State requests a
    longer period for commencement of the construction or acquisition and
    the Secretary determines that the request is reasonable''.

                          CHAPTER 2--PROJECT APPROVAL

    SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

        Section 104 of title 23, United States Code (as amended by section
    1118), is amended by inserting after subsection (k) the following:
        ``(l) Transfer of Highway and Transit Funds.--
                ``(1) Transfer of highway funds.--Funds made available
            under this title and transferred for transit projects shall be
            administered by the Secretary in accordance with chapter 53 of
            title 49, except that the provisions of this title relating to
            the non-Federal share shall apply to the transferred funds.
                ``(2) Transfer of transit funds.--Funds made available
            under chapter 53 of title 49 and transferred for highway
            projects shall be administered by the Secretary in accordance
            with this title, except that the provisions of that chapter
            relating to the non-Federal share shall apply to the
            transferred funds.
                ``(3) Transfer to amtrak and publicly-owned passenger rail
            lines.--Funds made available under this title or chapter 53 of
            title 49 and transferred to the National Railroad Passenger
            Corporation or to any publicly-owned intercity or intracity
            passenger rail line shall be administered by the Secretary in
            accordance with subtitle V of title 49, except that the
            provisions of this title or chapter 53 of title 49, as
            applicable, relating to the non-Federal share shall apply to
            the transferred funds.
                ``(4) Transfer of obligation authority.--Obligation
            authority provided for projects described in paragraphs (1)
            through (3) shall be transferred in the same manner and amount
            as the funds for the projects are transferred.''.

    SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.

        (a) In General.--Section 106 of title 23, United States Code, is
    amended--
                (1) by striking the section heading and inserting the
            following:
    ``Sec. 106. Project approval and oversight'';
                (2) by redesignating subsections (e) and (f) as subsections
            (g) and (h), respectively;
                (3) by striking subsections (a) through (d) and inserting
            the following:
        ``(a) In General.--Except as otherwise provided in this section,
    the State transportation department shall submit to the Secretary for
    approval such plans, specifications, and estimates for each proposed
    project as the Secretary may require. The Secretary shall act upon such
    plans, specifications, and estimates as soon as practicable after they
    have been submitted, and shall enter into a formal project agreement
    with the State transportation department formalizing the conditions of
    the project approval. The execution of such project agreement shall be
    deemed a contractual obligation of the Federal Government for the
    payment of its proportional contribution thereto. In taking such
    action, the Secretary shall be guided by the provisions of section 109
    of this title.
        ``(b) Project Agreement.--The project agreement shall make
    provision for State funds required for the State's pro rata share of
    the cost of construction of the project and for the maintenance of the
    project after completion of construction. The Secretary may rely upon
    representations made by the State transportation department with
    respect to the arrangements or agreements made by the State
    transportation department and appropriate local officials where a part
    of the project is to be constructed at the expense of, or in
    cooperation with, local subdivisions of the State.
        ``(c) Special Rules for Project Oversight.--
                ``(1) NHS projects.--Except as otherwise provided in
            subsection (d) of this section, the Secretary may discharge to
            the State any of the Secretary's responsibilities for the
            design, plans, specifications, estimates, contract awards, and
            inspection of projects under this title on the National Highway
            System. Before discharging responsibilities to the State, the
            Secretary shall reach agreement with the State as to the extent
            to which the State may assume the responsibilities of the
            Secretary under this subsection. The Secretary may not assume
            any greater responsibility than the Secretary is permitted
            under this title as of September 30, 1997, except upon
            agreement by the Secretary and the State.
                ``(2) Non-nhs projects.--For all projects under this title
            that are off the National Highway System, the State may request
            that the Secretary no longer review and approve the design,
            plans, specifications, estimates, contract awards, and
            inspection of projects under this title. After receiving any
            such request, the Secretary shall undertake project review only
            as requested by the State.
        ``(d) Responsibilities of the Secretary.--
                ``(1) In general.--Subject to paragraph (2), nothing in
            this section, section 133, or section 149 shall affect or
            discharge any responsibility or obligation of the Secretary
            under any Federal law other than this title.
                ``(2) Limitation.--Any responsibility or obligation of the
            Secretary under sections 113 and 114 of this title shall not be
            affected and may not be discharged under this section, section
            133, or section 149.
        ``(e) Value Engineering Analysis.--In such cases as the Secretary
    determines advisable, plans, specifications, and estimates for proposed
    projects on any Federal-aid highway shall be accompanied by a value
    engineering or other cost reduction analysis.
        ``(f) Financial Plan.--The Secretary shall require a financial plan
    to be prepared for any project with an estimated total cost of
    $1,000,000,000 or more.''.
        (b) Standards.--
                (1) Elimination of guidelines and annual certification
            requirements.--Section 109 of title 23, United States Code, is
            amended--
                        (A) by striking subsection (m); and
                        (B) by redesignating subsections (n) through (q) as
                    subsections (m) through (p), respectively.
                (2) Safety standards.--Section 109 of title 23, United
            States Code (as amended by paragraph (1)), is amended by adding
            at the end the following:
        ``(q) Phase Construction.--Safety considerations for a project
    under this title may be met by phase construction.''.
        (c) Programs; Project Agreements; Certification Acceptance.--
    Sections 110 and 117 of title 23, United States Code, are repealed.
        (d) Conforming Amendments.--
                (1) The analysis for chapter 1 of title 23 is amended--
                        (A) by striking the item relating to section 106
                    and inserting the following:

    ``106. Project approval and oversight.'';
                    and
                        (B) by striking the items relating to sections 110
                    and 117.
                (2) Section 101(a) of title 23, United States Code, is
            amended in the undesignated paragraph defining ``project
            agreement'' by striking ``the provisions of subsection (a) of
            section 110 of this title'' and inserting ``section 106''.
                (3) Section 114(a) of title 23, United States Code, is
            amended in the second sentence by striking ``section 117 of
            this title'' and inserting ``section 106''.

    SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

        (a) Transportation Enhancement Activities.--Section 133 of title
    23, United States Code, is amended--
                (1) in subsection (d)--
                        (A) in paragraph (2), by striking ``10'' and
                    inserting ``8''; and
                        (B) in the first sentence of paragraph (3)(A), by
                    striking ``80'' and inserting ``82''; and
                (2) in subsection (e)--
                        (A) in paragraph (3)(B)(i), by striking ``if the
                    Secretary'' and all that follows through
                    ``activities''; and
                        (B) in paragraph (5), by adding at the end the
                    following:
                        ``(C) Innovative financing.--
                                ``(i) In general.--For each fiscal year,
                            the average annual non-Federal share of the
                            total cost of all projects to carry out
                            transportation enhancement activities in a
                            State shall be not less than the non-Federal
                            share authorized for the State under section
                            120(b).
                                ``(ii) Exception.--Subject to clause (i),
                            notwithstanding section 120, in the case of
                            projects to carry out transportation
                            enhancement activities--
                                        ``(I) funds from other Federal
                                    agencies, and other contributions that
                                    the Secretary determines are of value,
                                    may be credited toward the non-Federal
                                    share of project costs;
                                        ``(II) the non-Federal share may be
                                    calculated on a project, multiple-
                                    project, or program basis; and
                                        ``(III) the Federal share of the
                                    cost of an individual project subject
                                    to subclause (I) or (II) may be equal
                                    to 100 percent.''.
        (b) Program Approval.--Section 133(e) of title 23, United States
    Code, is amended by striking paragraph (2) and inserting the following:
                ``(2) Program approval.--
                        ``(A) Submission of project agreement.--For each
                    fiscal year, each State shall submit a project
                    agreement that--
                                ``(i) certifies that the State will meet
                            all the requirements of this section; and
                                ``(ii) notifies the Secretary of the amount
                            of obligations needed to carry out the program
                            under this section.
                        ``(B) Request for adjustments of amounts.--As
                    necessary, each State shall request from the Secretary
                    adjustments to the amount of obligations referred to in
                    subparagraph (A)(ii).
                        ``(C) Effect of approval by the secretary.--
                    Approval by the Secretary of a project agreement under
                    subparagraph (A) shall be deemed a contractual
                    obligation of the United States to pay surface
                    transportation program funds made available under this
                    title.''.
        (c) Payments.--Section 133(e)(3)(A) of title 23, United States
    Code, is amended by striking the second sentence.
        (d) Definition of Transportation Enhancement Activities.--Section
    101(a) of title 23, United States Code, is amended in the undesignated
    paragraph defining ``transportation enhancement activities'' by
    striking ``scenic or historic highway programs,'' and inserting
    ``scenic or historic highway programs (including the provision of
    tourist and welcome center facilities),''.

    SEC. 1224. DESIGN-BUILD CONTRACTING.

        (a) Authority.--Section 112(b) of title 23, United States Code, is
    amended--
                (1) in the first sentence of paragraph (1), by striking
            ``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
                (2) in paragraph (2)(A), by striking ``Each'' and inserting
            ``Subject to paragraph (3), each''; and
                (3) by adding at the end the following:
                ``(3) Design-build contracting.--
                        ``(A) In general.--A State transportation
                    department may award a contract for the design and
                    construction of a qualified project described in
                    subparagraph (B) using competitive bidding procedures
                    approved by the Secretary in accordance with
                    subparagraph (C).
                        ``(B) Qualified projects.--A qualified project
                    referred to in subparagraph (A) is a project under this
                    chapter that involves installation of an intelligent
                    transportation system or that consists of a usable
                    project segment and for which--
                                ``(i) the Secretary has approved the use of
                            design-build contracting described in
                            subparagraph (A) under criteria specified in
                            regulations promulgated by the Secretary; and
                                ``(ii) the total costs are estimated to
                            exceed--
                                        ``(I) in the case of a project that
                                    involves installation of an intelligent
                                    transportation system, $5,000,000; and
                                        ``(II) in the case of a usable
                                    project segment, $50,000,000.
                        ``(C) Procedures that may be approved.--Under
                    subparagraph (A), the Secretary may approve, for use by
                    a State, only procedures that consist of--
                                ``(i) formal design-build contracting
                            procedures specified in a State statute; or
                                ``(ii) in the case of a State that does not
                            have a statute described in clause (i), the
                            design-build selection procedures authorized
                            under section 303M of the Federal Property and
                            Administrative Services Act of 1949 (41 U.S.C.
                            253m).''.
        (b) Competitive Bidding Defined.--Section 112 of title 23, United
    States Code, is amended by striking subsection (f) and inserting the
    following:
        ``(f) Competitive Bidding Defined.--In this section, the term
    `competitive bidding' means the procedures used to award contracts for
    engineering and design services under subsection (b)(2) and design-
    build contracts under subsection (b)(3).''.
        (c) Regulations.--
                (1) In general.--Not later than the effective date
            specified in subsection (e), the Secretary shall promulgate
            regulations to carry out the amendments made by this section.
                (2) Contents.--The regulations shall--
                        (A) identify the criteria to be used by the
                    Secretary in approving the use by a State
                    transportation department of design-build contracting;
                    and
                        (B) establish the procedures to be followed by a
                    State transportation department for obtaining the
                    Secretary's approval of the use of design-build
                    contracting by the department and the competitive
                    bidding procedures used by the department.
        (d) Effect on Experimental Program.--Nothing in this section or the
    amendments made by this section affects the authority to carry out, or
    any project carried out under, any experimental program concerning
    design-build contracting that is being carried out by the Secretary as
    of the date of enactment of this Act.
        (e) Effective Date for Amendments.--The amendments made by this
    section take effect 2 years after the date of enactment of this Act.

    SEC. 1225. INTEGRATED DECISIONMAKING PROCESS.

        (a) In General.--Subchapter III of chapter 3 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 354. Integrated decisionmaking process
        ``(a) Definitions.--In this section:
                ``(1) Integrated decisionmaking process.--The term
            `integrated decisionmaking process' means the integrated
            decisionmaking process established with respect to a surface
            transportation project under subsection (b).
                ``(2) NEPA process.--The term `NEPA process' means the
            process of complying with the requirements of the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
            respect to a surface transportation project.
                ``(3) Secretary.--The term `Secretary' means the Secretary
            of Transportation.
                ``(4) Surface transportation project.--The term `surface
            transportation project' means--
                        ``(A) a highway construction project that is
                    subject to the approval of the Secretary under title
                    23; and
                        ``(B) a capital project (as defined in section
                    5302(a)(1)).
                ``(5) Concurrent processing.--The term `concurrent
            processing' means to the fullest extent practicable, and to the
            extent otherwise required, agencies shall prepare environmental
            impact statements and environmental assessments concurrently
            with and integrated with environmental analyses and related
            surveys and studies required by the Fish and Wildlife
            Coordination Act (16 U.S.C. 661 et seq.), the National Historic
            Preservation Act of 1966 (16 U.S.C. 470 et seq.), the
            Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and
            other environmental review laws and executive orders.
        ``(b) Establishment of Integrated Decisionmaking Processes for
    Surface Transportation Projects.--The Secretary shall--
                ``(1) establish an integrated decisionmaking process for
            surface transportation projects that designates major decision
            points likely to have significant environmental effects and
            conflicts; and
                ``(2) integrate the requirements of the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
            surface transportation projects at the earliest possible time,
            including, to the extent appropriate, at the planning stage
            with the agreement of the State transportation agencies and the
            cooperating agencies.
        ``(c) Integrated Decisionmaking Goals.--The integrated
    decisionmaking process for surface transportation projects should, to
    the maximum extent practicable, accomplish the following major goals:
                ``(1) Integrate the NEPA process for surface transportation
            projects at the earliest possible time.
                ``(2) Integrate all applicable Federal, State, tribal, and
            local permitting requirements.
                ``(3) Integrate national transportation, social, safety,
            economic, and environmental goals with State, tribal, and local
            land use and growth management initiatives, economic
            development and transportation initiatives.
                ``(4) Consolidate Federal, State, tribal, and local
            decisionmaking to achieve the best overall public interest
            according to an agreed schedule.
        ``(d) Streamlining.--
                ``(1) Avoidance of delays, prevention of conflicts, and
            elimination of unnecessary duplication.--The Secretary shall
            design the integrated decisionmaking process to avoid delays in
            decisionmaking, prevent conflicts between cooperating agencies
            and members of the public, and eliminate unnecessary
            duplication of review and decisionmaking relating to surface
            transportation projects.
                ``(2) Integration; comprehensive process.--The NEPA
            process--
                        ``(A) shall be integrated for surface
                    transportation projects by Federal, State, tribal, and
                    local transportation agencies; and
                        ``(B) serve as a comprehensive decisionmaking
                    process.
                ``(3) Other requirements.--
                        ``(A) In general.--The Secretary shall--
                                ``(i) establish a concurrent transportation
                            and environmental coordination process to
                            reduce paperwork, combine review documents, and
                            eliminate duplicative reviews;
                                ``(ii) develop interagency agreements to
                            streamline and improve interagency coordination
                            and processing time;
                                ``(iii) apply strategic and programmatic
                            approaches to better integrate and expedite the
                            NEPA process and transportation decisionmaking;
                            and
                                ``(iv) ensure, in appropriate cases, by
                            conducting concurrent reviews whenever
                            possible, that any analyses and reviews
                            conducted by the Secretary consider the needs
                            of other reviewing agencies.
                        ``(B) Time schedules.--To comply with subparagraph
                    (A)(ii), time schedules shall be consistent with
                    sections 1501.8 and 1506.10 of title 40, Code of
                    Federal Regulations (or any successor regulations).
                ``(4) Concurrent processing.--
                        ``(A) In general.--The integrated decisionmaking
                    process shall, to the extent practicable, include a
                    procedure to provide for concurrent processing of all
                    Federal, State, tribal, and local reviews and decisions
                    emanating from those reviews.
                        ``(B) Inconsistency with other requirements.--
                    Subparagraph (A) does not require concurrent review if
                    concurrent review would be inconsistent with other
                    statutory or regulatory requirements.
        ``(e) Interagency Cooperation.--
                ``(1) Lead and cooperating agency concepts.--The lead and
            cooperating agency concepts of section 1501 of title 40, Code
            of Federal Regulations (or any successor regulation), shall be
            considered essential elements to ensure integration of
            transportation decisionmaking.
                ``(2) Responsibilities.--The Secretary shall--
                        ``(A) not later than 60 days after the date on
                    which a surface transportation project is selected for
                    study by a State, identify each Federal agency that may
                    be required to participate in the integrated
                    decisionmaking process relating to the surface
                    transportation project and notify the agency of the
                    surface transportation project;
                        ``(B) afford State, regional, tribal, and local
                    governments with decisionmaking authority on surface
                    transportation projects the opportunity to serve as
                    cooperating agencies;
                        ``(C) provide cooperating agencies and the public
                    on request the results of any analysis or other
                    information related to a surface transportation
                    project;
                        ``(D) host an early scoping meeting for Federal
                    agencies and, when appropriate, conduct field reviews,
                    as soon as practicable in the environmental review
                    process;
                        ``(E) solicit from each cooperating agency as early
                    as practicable the data and analyses necessary to
                    facilitate execution of the duties of each cooperating
                    agency;
                        ``(F) use, to the maximum extent possible,
                    scientific, technical, and environmental data and
                    analyses previously prepared by or for other Federal,
                    State, tribal, or local agencies, after an independent
                    evaluation by the Secretary of the data and analyses;
                        ``(G) jointly, with the cooperating agencies, host
                    public meetings and other community participation
                    processes; and
                        ``(H) ensure that the NEPA process and
                    documentation provide all necessary information for the
                    cooperating agency to--
                                ``(i) discharge the responsibilities of the
                            cooperating agency under the National
                            Environmental Policy Act of 1969 (42 U.S.C.
                            4321 et seq.) and other law; and
                                ``(ii) take action on approvals, permits,
                            licenses, and clearances.
        ``(f) Enhanced Scoping Process.--During the scoping process for a
    surface transportation project, in addition to other statutory and
    regulatory requirements, the Secretary shall, to the extent
    practicable--
                ``(1) provide the public with clearly understandable
            milestones that occur during an integrated decisionmaking
            process;
                ``(2) ensure that all agencies with jurisdiction by law or
            with special expertise have sufficient information and data to
            discharge their responsibilities;
                ``(3) ensure that all agencies with jurisdiction by law or
            with special expertise, and the public, are invited to
            participate in the initial scoping process;
                ``(4) coordinate with other agencies to ensure that the
            agencies provide to the Secretary, not later than 30 days after
            the first interagency scoping meeting, any preliminary concerns
            about how the proposed project may affect matters within their
            jurisdiction or special expertise based on information
            available at the time of the scoping meeting; and
                ``(5) in cooperation with all cooperating agencies, develop
            a schedule for conducting all necessary environmental and other
            review processes and assure early consideration of alternatives
            to a proposed project, including alternatives that address
            transportation demand consistent with section 134(i)(3) of
            title 23, United States Code.
        ``(g) Use of Title 23 Funds.--
                ``(1) Use by states.--A State may use funds made available
            under section 104(b) or 105 of title 23 or section 1102(c) of
            the Intermodal Surface Transportation Efficiency Act of 1998 to
            provide resources to Federal or State agencies involved in the
            review or permitting process for a surface transportation
            project in order to meet a time schedule established under this
            section.
                ``(2) Amount.--Funds may be provided under paragraph (1) in
            the amount by which the cost to complete a environmental review
            in accordance with a time schedule established under this
            section exceeds the cost that would be incurred if there were
            no such time schedule.
                ``(3) Not final agency action.--The provision of funds
            under paragraph (1) does not constitute a final agency action.
        ``(h) State Role.--
                ``(1) In general.--For any project eligible for assistance
            under chapter 1 of title 23, a State may require, by law or
            agreement that has been developed with public involvement
            coordinating with all related State agencies, that all State
            agencies that--
                        ``(A) have jurisdiction by Federal or State law
                    over environmental, growth management, or land-use
                    related issues that may be affected by a surface
                    transportation project; or
                        ``(B) have responsibility for issuing any
                    environment related reviews, analyses, opinions, or
                    determinations;
            be subject to the coordinated environmental review process
            provided under this section in issuing any analyses or
            approvals or taking any other action relating to the project.
                ``(2) All agencies.--If a State requires that any State
            agency participate in a coordinated environmental review
            process, the State shall require all affected State agencies to
            participate.
        ``(i) Early Action Regarding Potentially Insurmountable
    Obstacles.--If, at any time during the integrated decisionmaking
    process for a proposed surface transportation project, a cooperating
    agency determines that there is any potentially insurmountable obstacle
    associated with any of the alternative transportation projects that
    might be undertaken to address the obstacle, the Secretary shall--
                ``(1) convene a meeting among the cooperating agencies to
            address the obstacle;
                ``(2) initiate conflict resolution efforts under subsection
            (j); or
                ``(3) eliminate from consideration the alternative
            transportation project with which the obstacle is associated.
        ``(j) Conflict Resolution.--
                ``(1) Forum.--The NEPA process shall be used as a forum to
            coordinate the actions of Federal, State, regional, tribal, and
            local agencies, the private sector, and the public to develop
            and shape surface transportation projects.
                ``(2) Approaches.--In addition to existing formal public
            participation opportunities, collaborative, problem solving,
            and consensus building approaches shall be used, to the extent
            appropriate (and, when appropriate, mediation may be used) to
            implement the integrated decisionmaking process with a goal of
            appropriately considering factors relating to transportation
            development, economic prosperity, protection of public health
            and the environment, community and neighborhood preservation,
            and quality of life for present and future generations.
                ``(3) Unresolved issues.--
                        ``(A) Notification.--If, before the final
                    transportation NEPA document is approved--
                                ``(i) an issue remains unresolved between
                            the lead Federal agency and the cooperating
                            agency; and
                                ``(ii) efforts have been exhausted to
                            resolve the issue at the field levels of each
                            agency--
                                        ``(I) within the applicable
                                    timeframe of the interagency schedule
                                    established under subsection (f)(5); or
                                        ``(II) if no timeframe is
                                    established, within 90 days;
                    the field level officer of the lead agency shall notify
                    the field level officer of the cooperating agency that
                    the field level officer of the lead agency intends to
                    bring the issue to the personal attention of the heads
                    of the agencies.
                        ``(B) Efforts by the agency heads.--The head of the
                    lead agency shall contact the head of the cooperating
                    agency and attempt to resolve the issue within 30 days
                    after notification by the field level officer of the
                    unresolved issue.
                        ``(C) Consultation with ceq.--The heads of the
                    agencies are encouraged to consult with the Chair of
                    the Council on Environmental Quality during the 30-day
                    period under subparagraph (B).
                        ``(D) Failure to resolve.--If the heads of the
                    agencies do not resolve the issue within the time
                    specified in subparagraph (B), the referral process
                    under part 1504 of title 40, Code of Federal
                    Regulations (or any successor regulation), shall be
                    initiated with respect to the issue.
        ``(k) Judicial Review.--Nothing in this section affects the
    reviewability of any final agency action in a district court of the
    United States or any State court.
        ``(l) Statutory Construction.--Nothing in this section affects--
                ``(1) the applicability of the requirements of the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
            any other statute; or
                ``(2) the responsibility of any Federal, State, tribal, or
            local officer to comply with or enforce any statute or
            regulation.''.
        (b) Timetable; Report to Congress.--The Secretary, in consultation
    with the Chair of the Council on Environmental Quality and after notice
    and opportunity for public comment--
                (1) not later than 180 days after the date of enactment of
            this Act, shall design the integrated decisionmaking process
            required by the amendment made by subsection (a) consistent
            with part 1501, et seq., of title 40 of the Code of Federal
            Regulations;
                (2) not later than 1 year after the date of enactment of
            this Act, shall promulgate a regulation governing
            implementation of an integrated decisionmaking process in
            accordance with the amendment made by subsection (a); and
                (3) not later than 2 years after the date of enactment of
            this Act, shall submit to Congress a report identifying any
            additional legislative or other solutions that would further
            enhance the integrated decisionmaking process.
        (c) Section 112 of title 23, United States Code, is amended by
    adding at the end the following new subsection:
        ``(g) Selection Process.--It shall not be considered to be a
    conflict of interest, as defined under section 1.33 of title 23, Code
    of Federal Regulations, for a State to procure, under a single
    contract, the services of a consultant to prepare any environmental
    assessments or analyses required, including environmental impact
    statements, as well as subsequent engineering and design work on the
    same project: Provided, That the State has conducted an independent
    multi-disciplined review that assesses the objectivity of any analysis,
    environmental assessment or environmental impact statement prior to its
    submission to the agency that approves the project.
        (d) Conforming Amendment.--The analysis for subchapter III of
    chapter 3 of title 49, United States Code, is amended by adding at the
    end the following:

    ``354. Integrated decisionmaking process.''.

                     CHAPTER 3--ELIGIBILITY AND FLEXIBILITY

    SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.

        Section 101(a) of title 23, United States Code, is amended by
    striking the undesignated paragraph defining ``operational
    improvement'' and inserting the following:
        ``The term `operational improvement' means the installation,
    operation, or maintenance, in accordance with subchapter II of chapter
    5, of public infrastructure to support intelligent transportation
    systems and includes the installation or operation of any traffic
    management activity, communication system, or roadway weather
    information and prediction system, and any other improvement that the
    Secretary may designate that enhances roadway safety and mobility
    during adverse weather.''.

    SEC. 1232. ELIGIBILITY OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

        (a) In General.--Section 129(c) of title 23, United States Code, is
    amended by inserting ``in accordance with sections 103, 133, and 149,''
    after ``toll or free,''.
        (b) National Highway System.--Section 103(b)(5) of title 23, United
    States Code (as amended by section 1234), is amended by adding at the
    end the following:
                        ``(R) Construction of ferry boats and ferry
                    terminal facilities, if the conditions described in
                    section 129(c) are met.''.
        (c) Surface Transportation Program.--Section 133(b) of title 23,
    United States Code, is amended by adding at the end the following:
                ``(12) Construction of ferry boats and ferry terminal
            facilities, if the conditions described in section 129(c) are
            met.''.
        (d) Congestion Mitigation and Air Quality Improvement Program.--
    Section 149(b) of title 23, United States Code, is amended--
                (1) in paragraph (3), by striking ``or'' at the end;
                (2) in paragraph (4), by striking the period at the end and
            inserting ``; or''; and
                (3) by inserting after paragraph (4) the following:
                ``(5) if the project or program is to construct a ferry
            boat or ferry terminal facility and if the conditions described
            in section 129(c) are met.''.

    SEC. 1233. FLEXIBILITY OF SAFETY PROGRAMS.

        Section 133(d) of title 23, United States Code, is amended by
    striking paragraph (1) and inserting the following:
                ``(1) Safety programs.--
                        ``(A) In general.--With respect to funds
                    apportioned for each of fiscal years 1998 through
                    2003--
                                ``(i) an amount equal to 2 percent of the
                            amount apportioned to a State under section
                            104(b)(3) shall be available only to carry out
                            activities eligible under section 130;
                                ``(ii) an amount equal to 2 percent of the
                            amount apportioned to a State under section
                            104(b)(3) shall be available only to carry out
                            activities eligible under section 152; and
                                ``(iii) an amount equal to 6 percent of the
                            amount apportioned to a State under section
                            104(b)(3) shall be available only to carry out
                            activities eligible under section 130 or 152.
                        ``(B) Transfer of funds.--If a State certifies to
                    the Secretary that any part of the amount set aside by
                    the State under subparagraph (A)(i) is in excess of the
                    needs of the State for activities under section 130 and
                    the Secretary accepts the certification, the State may
                    transfer that excess part to the set-aside of the State
                    under subparagraph (A)(ii).
                        ``(C) Transfers to other safety programs.--A State
                    may transfer funds set aside under subparagraph
                    (A)(iii) to the apportionment of the State under
                    section 402 or the allocation of the State under
                    section 31104 of title 49.''.

    SEC. 1234. ELIGIBILITY OF PROJECTS ON THE NATIONAL HIGHWAY SYSTEM.

        Section 103(b) of title 23, United States Code (as amended by
    section 1701(a)), is amended by adding at the end the following:
                ``(5) Eligible projects for nhs.--Subject to approval by
            the Secretary, funds apportioned to a State under section
            104(b)(1)(C) for the National Highway System may be obligated
            for any of the following:
                        ``(A) Construction, reconstruction, resurfacing,
                    restoration, and rehabilitation of segments of the
                    National Highway System.
                        ``(B) Operational improvements for segments of the
                    National Highway System.
                        ``(C) Construction of, and operational improvements
                    for, a Federal-aid highway not on the National Highway
                    System, construction of a transit project eligible for
                    assistance under chapter 53 of title 49, and capital
                    improvements to any National Railroad Passenger
                    Corporation passenger rail line or any publicly-owned
                    intercity passenger rail line, if--
                                ``(i) the highway, transit, or rail project
                            is in the same corridor as, and in proximity
                            to, a fully access-controlled highway
                            designated as a part of the National Highway
                            System;
                                ``(ii) the construction or improvements
                            will improve the level of service on the fully
                            access-controlled highway described in clause
                            (i) and improve regional traffic flow; and
                                ``(iii) the construction or improvements
                            are more cost-effective than an improvement to
                            the fully access-controlled highway described
                            in clause (i).
                        ``(D) Highway safety improvements for segments of
                    the National Highway System.
                        ``(E) Transportation planning in accordance with
                    sections 134 and 135.
                        ``(F) Highway research and planning in accordance
                    with chapter 5.
                        ``(G) Highway-related technology transfer
                    activities.
                        ``(H) Capital and operating costs for traffic
                    monitoring, management, and control facilities and
                    programs.
                        ``(I) Fringe and corridor parking facilities.
                        ``(J) Carpool and vanpool projects.
                        ``(K) Bicycle transportation and pedestrian
                    walkways in accordance with section 217.
                        ``(L) Development, establishment, and
                    implementation of management systems under section 303.
                        ``(M) In accordance with all applicable Federal law
                    (including regulations), participation in natural
                    habitat and wetland mitigation efforts related to
                    projects funded under this title, which may include
                    participation in natural habitat and wetland mitigation
                    banks, contributions to statewide and regional efforts
                    to conserve, restore, enhance, and create natural
                    habitats and wetland, and development of statewide and
                    regional natural habitat and wetland conservation and
                    mitigation plans, including any such banks, efforts,
                    and plans authorized under the Water Resources
                    Development Act of 1990 (Public Law 101-640) (including
                    crediting provisions). Contributions to the mitigation
                    efforts described in the preceding sentence may take
                    place concurrent with or in advance of project
                    construction, except that contributions in advance of
                    project construction may occur only if the efforts are
                    consistent with all applicable requirements of Federal
                    law (including regulations) and State transportation
                    planning processes. With respect to participation in a
                    natural habitat or wetland mitigation effort related to
                    a project funded under this title that has an impact
                    that occurs within the service area of a mitigation
                    bank, preference shall be given, to the maximum extent
                    practicable, to the use of the mitigation bank if the
                    bank contains sufficient available credits to offset
                    the impact and the bank is approved in accordance with
                    the Federal Guidance for the Establishment, Use and
                    Operation of Mitigation Banks (60 Fed. Reg. 58605
                    (November 28, 1995)) or other applicable Federal law
                    (including regulations).
                        ``(N) Publicly-owned intracity or intercity
                    passenger rail or bus terminals, including terminals of
                    the National Railroad Passenger Corporation and
                    publicly-owned intermodal surface freight transfer
                    facilities, other than seaports and airports, if the
                    terminals and facilities are located on or adjacent to
                    National Highway System routes or connections to the
                    National Highway System selected in accordance with
                    paragraph (2).
                        ``(O) Infrastructure-based intelligent
                    transportation systems capital improvements.
                        ``(P) In the Virgin Islands, Guam, American Samoa,
                    and the Commonwealth of the Northern Mariana Islands,
                    any project eligible for funding under section 133, any
                    airport, and any seaport.
                        ``(Q) Publicly owned components of magnetic
                    levitation transportation systems.''.

    SEC. 1235. ELIGIBILITY OF PROJECTS UNDER THE SURFACE TRANSPORTATION
                  PROGRAM.

        Section 133(b) of title 23, United States Code (as amended by
    section 1232(c)), is amended--
                (1) in paragraph (2), by striking ``and publicly owned
            intracity or intercity bus terminals and facilities'' and
            inserting ``, including vehicles and facilities, whether
            publicly or privately owned, that are used to provide intercity
            passenger service by bus or rail'';
                (2) in paragraph (3)--
                        (A) by striking ``and bicycle'' and inserting
                    ``bicycle''; and
                        (B) by inserting before the period at the end the
                    following: ``, and the modification of public sidewalks
                    to comply with the Americans with Disabilities Act of
                    1990 (42 U.S.C. 12101 et seq.)'';
                (3) in paragraph (4)--
                        (A) by inserting ``, publicly owned passenger
                    rail,'' after ``Highway'';
                        (B) by inserting ``infrastructure'' after
                    ``safety''; and
                        (C) by inserting before the period at the end the
                    following: ``, and any other noninfrastructure highway
                    safety improvements'';
                (4) in paragraph (11)--
                        (A) in the first sentence--
                                (i) by inserting ``natural habitat and''
                            after ``participation in'' each place it
                            appears;
                                (ii) by striking ``enhance and create'' and
                            inserting ``enhance, and create natural
                            habitats and''; and
                                (iii) by inserting ``natural habitat and''
                            before ``wetlands conservation''; and
                        (B) by adding at the end the following: ``With
                    respect to participation in a natural habitat or
                    wetland mitigation effort related to a project funded
                    under this title that has an impact that occurs within
                    the service area of a mitigation bank, preference shall
                    be given, to the maximum extent practicable, to the use
                    of the mitigation bank if the bank contains sufficient
                    available credits to offset the impact and the bank is
                    approved in accordance with the Federal Guidance for
                    the Establishment, Use and Operation of Mitigation
                    Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other
                    applicable Federal law (including regulations).''; and
                (5) in subsection (b)(9), by striking ``section
            108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean
            Air Act'' and inserting ``section 108(f)(1)(A) (other than
            clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
                (6) by adding at the end the following:
                ``(13) Publicly owned intercity passenger rail
            infrastructure, including infrastructure owned by the National
            Railroad Passenger Corporation.
                ``(14) Publicly owned passenger rail vehicles, including
            vehicles owned by the National Railroad Passenger Corporation.
                ``(15) Infrastructure-based intelligent transportation
            systems capital improvements.
                ``(16) Publicly owned components of magnetic levitation
            transportation systems.
                ``(17) Environmental restoration and pollution abatement
            projects (including the retrofit or construction of storm water
            treatment systems) to address water pollution or environmental
            degradation caused or contributed to by transportation
            facilities, which projects shall be carried out when the
            transportation facilities are undergoing reconstruction,
            rehabilitation, resurfacing, or restoration; except that the
            expenditure of funds under this section for any such
            environmental restoration or pollution abatement project shall
            not exceed 20 percent of the total cost of the reconstruction,
            rehabilitation, resurfacing, or restoration project.''.

    SEC. 1236. DESIGN FLEXIBILITY.

        Section 109 of title 23, United States Code, is amended by striking
    subsection (a) and inserting the following:
        ``(a) In General.--
                ``(1) Requirements for facilities.--The Secretary shall
            ensure that the plans and specifications for each proposed
            highway project under this chapter provide for a facility that
            will--
                        ``(A) adequately serve the existing traffic of the
                    highway in a manner that is conducive to safety,
                    durability, and economy of maintenance; and
                        ``(B) be designed and constructed in accordance
                    with criteria best suited to accomplish the objectives
                    described in subparagraph (A) and to conform to the
                    particular needs of each locality.
                ``(2) Consideration of planned future traffic demands.--In
            carrying out paragraph (1), the Secretary shall ensure the
            consideration of the planned future traffic demands of the
            facility.''.

                              Subtitle C--Finance

                         CHAPTER 1--GENERAL PROVISIONS

    SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.

        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by adding at the end the following:
    ``Sec. 162. State infrastructure bank program
        ``(a) Definitions.--In this section:
                ``(1) Other assistance.--The term `other assistance'
            includes any use of funds in an infrastructure bank--
                        ``(A) to provide credit enhancements;
                        ``(B) to serve as a capital reserve for bond or
                    debt instrument financing;
                        ``(C) to subsidize interest rates;
                        ``(D) to ensure the issuance of letters of credit
                    and credit instruments;
                        ``(E) to finance purchase and lease agreements with
                    respect to transit projects;
                        ``(F) to provide bond or debt financing instrument
                    security; and
                        ``(G) to provide other forms of debt financing and
                    methods of leveraging funds that are approved by the
                    Secretary and that relate to the project with respect
                    to which the assistance is being provided.
                ``(2) State.--The term `State' has the meaning given the
            term under section 401.
        ``(b) Cooperative Agreements.--
                ``(1) In general.--
                        ``(A) Purpose of agreements.--Subject to this
                    section, the Secretary may enter into cooperative
                    agreements with States for the establishment of State
                    infrastructure banks and multistate infrastructure
                    banks for making loans and providing other assistance
                    to public and private entities carrying out or
                    proposing to carry out projects eligible for assistance
                    under this section.
                        ``(B) Contents of agreements.--Each cooperative
                    agreement shall specify procedures and guidelines for
                    establishing, operating, and providing assistance from
                    the infrastructure bank.
                ``(2) Interstate compacts.--If 2 or more States enter into
            a cooperative agreement under paragraph (1) with the Secretary
            for the establishment of a multistate infrastructure bank,
            Congress grants consent to those States to enter into an
            interstate compact establishing the bank in accordance with
            this section.
        ``(c) Funding.--
                ``(1) Contribution.--Notwithstanding any other provision of
            law, the Secretary may allow, subject to subsection (h)(1), a
            State that enters into a cooperative agreement under this
            section to contribute to the infrastructure bank established by
            the State not to exceed--
                        ``(A)(i) the total amount of funds apportioned to
                    the State under each of paragraphs (1) and (3) of
                    section 104(b), excluding funds set aside under
                    paragraphs (1) and (2) of section 133(d); and
                        ``(ii) the total amount of funds allocated to the
                    State under section 105 and under section 1102 of the
                    Intermodal Surface Transportation Efficiency Act of
                    1998;
                        ``(B) the total amount of funds made available to
                    the State or other Federal transit grant recipient for
                    capital projects (as defined in section 5302 of title
                    49) under sections 5307, 5309, and 5311 of title 49;
                    and
                        ``(C) the total amount of funds made available to
                    the State under subtitle V of title 49.
                ``(2) Capitalization grant.--For the purposes of this
            section, Federal funds contributed to the infrastructure bank
            under this subsection shall constitute a capitalization grant
            for the infrastructure bank.
                ``(3) Special rule for urbanized areas of over 200,000.--
            Funds that are apportioned or allocated to a State under
            section 104(b)(3) and attributed to urbanized areas of a State
            with a population of over 200,000 individuals under section
            133(d)(2) may be used to provide assistance from an
            infrastructure bank under this section with respect to a
            project only if the metropolitan planning organization
            designated for the area concurs, in writing, with the provision
            of the assistance.
        ``(d) Forms of Assistance From Infrastructure Banks.--
                ``(1) In general.--An infrastructure bank established under
            this section may make loans or provide other assistance to a
            public or private entity in an amount equal to all or part of
            the cost of carrying out a project eligible for assistance
            under this section.
                ``(2) Subordination of loans.--The amount of any loan or
            other assistance provided for the project may be subordinated
            to any other debt financing for the project.
                ``(3) Initial assistance.--Initial assistance provided with
            respect to a project from Federal funds contributed to an
            infrastructure bank under this section shall not be made in the
            form of a grant.
        ``(e) Qualifying Projects.--
                ``(1) In general.--Subject to paragraph (2), funds in an
            infrastructure bank established under this section may be used
            only to provide assistance with respect to projects eligible
            for assistance under this title, for capital projects (as
            defined in section 5302 of title 49), or for any other project
            related to surface transportation that the Secretary determines
            to be appropriate.
                ``(2) Interstate funds.--Funds contributed to an
            infrastructure bank from funds apportioned to a State under
            subparagraph (A) or (B) of section 104(b)(1) may be used only
            to provide assistance with respect to projects eligible for
            assistance under those subparagraphs.
                ``(3) Rail program funds.--Funds contributed to an
            infrastructure bank from funds made available to a State under
            subtitle V of title 49 shall be used in a manner consistent
            with any project description specified under the law making the
            funds available to the State.
        ``(f) Infrastructure Bank Requirements.--
                ``(1) In general.--Subject to paragraph (2), in order to
            establish an infrastructure bank under this section, each State
            establishing such a bank shall--
                        ``(A) contribute, at a minimum, to the bank from
                    non-Federal sources an amount equal to 25 percent of
                    the amount of each capitalization grant made to the
                    State and contributed to the bank under subsection (c),
                    except that if the State has a higher Federal share
                    payable under section 120(b) of title 23, United States
                    Code, the State shall be required to contribute only an
                    amount commensurate with the higher Federal share;
                        ``(B) ensure that the bank maintains on a
                    continuing basis an investment grade rating on its debt
                    issuances and its ability to pay claims under credit
                    enhancement programs of the bank;
                        ``(C) ensure that investment income generated by
                    funds contributed to the bank will be--
                                ``(i) credited to the bank;
                                ``(ii) available for use in providing loans
                            and other assistance to projects eligible for
                            assistance from the bank; and
                                ``(iii) invested in United States Treasury
                            securities, bank deposits, or such other
                            financing instruments as the Secretary may
                            approve to earn interest to enhance the
                            leveraging of projects assisted by the bank;
                        ``(D) ensure that any loan from the bank will bear
                    interest at or below market rates, as determined by the
                    State, to make the project that is the subject of the
                    loan feasible;
                        ``(E) ensure that repayment of the loan from the
                    bank will commence not later than 5 years after the
                    project has been completed or, in the case of a highway
                    project, the facility has opened to traffic, whichever
                    is later;
                        ``(F) ensure that the term for repaying any loan
                    will not exceed the lesser of--
                                ``(i) 35 years after the date of the first
                            payment on the loan under subparagraph (E); or
                                ``(ii) the useful life of the investment;
                            and
                        ``(G) require the bank to make a biennial report to
                    the Secretary and to make such other reports as the
                    Secretary may require in guidelines.
                ``(2) Waivers by the secretary.--The Secretary may waive a
            requirement of any of subparagraphs (C) through (G) of
            paragraph (1) with respect to an infrastructure bank if the
            Secretary determines that the waiver is consistent with the
            objectives of this section.
        ``(g) Limitation on Repayments.--Notwithstanding any other
    provision of law, the repayment of a loan or other assistance provided
    from an infrastructure bank under this section may not be credited
    toward the non-Federal share of the cost of any project.
        ``(h) Secretarial Requirements.--In administering this section, the
    Secretary shall--
                ``(1) ensure that Federal disbursements shall be at an
            annual rate of not more than 20 percent of the amount
            designated by the State for State infrastructure bank
            capitalization under subsection (c)(1), except that the
            Secretary may disburse funds to a State in an amount needed to
            finance a specific project; and
                ``(2) revise cooperative agreements entered into with
            States under section 350 of the National Highway System
            Designation Act of 1995 (Public Law 104-59) to comply with this
            section.
        ``(i) Applicability of Federal Law.--
                ``(1) In general.--The requirements of this title or title
            49 that would otherwise apply to funds made available under
            that title and projects assisted with those funds shall apply
            to--
                        ``(A) funds made available under that title and
                    contributed to an infrastructure bank established under
                    this section, including the non-Federal contribution
                    required under section (f); and
                        ``(B) projects assisted by the bank through the use
                    of the funds;
            except to the extent that the Secretary determines that any
            requirement of that title (other than sections 113 and 114 of
            this title and section 5333 of title 49) is not consistent with
            the objectives of this section.
                ``(2) Repayments.--The requirements of this title or title
            49 shall not apply to repayments from non-Federal sources to an
            infrastructure bank from projects assisted by the bank. Such a
            repayment shall not be considered to be Federal funds.
        ``(j) United States Not Obligated.--
                ``(1) In general.--The contribution of Federal funds to an
            infrastructure bank established under this section shall not be
            construed as a commitment, guarantee, or obligation on the part
            of the United States to any third party. No third party shall
            have any right against the United States for payment solely by
            virtue of the contribution.
                ``(2) Statement.--Any security or debt financing instrument
            issued by the infrastructure bank shall expressly state that
            the security or instrument does not constitute a commitment,
            guarantee, or obligation of the United States.
        ``(k) Management of Federal Funds.--Sections 3335 and 6503 of title
    31, United States Code, shall not apply to funds contributed under this
    section.
        ``(l) Program Administration.--
                ``(1) In general.--A State may expend not to exceed 2
            percent of the Federal funds contributed to an infrastructure
            bank established by the State under this section to pay the
            reasonable costs of administering the bank.
                ``(2) Non-federal funds.--The limitation described in
            paragraph (1) shall not apply to non-Federal funds.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by adding at the end the following:

    ``162. State infrastructure bank program.''.

        CHAPTER 2--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

    SEC. 1311. SHORT TITLE.

        This chapter may be cited as the ``Transportation Infrastructure
    Finance and Innovation Act of 1998''.

    SEC. 1312. FINDINGS.

        Congress finds that--
                (1) a well-developed system of transportation
            infrastructure is critical to the economic well-being, health,
            and welfare of the people of the United States;
                (2) traditional public funding techniques such as grant
            programs are unable to keep pace with the infrastructure
            investment needs of the United States because of budgetary
            constraints at the Federal, State, and local levels of
            government;
                (3) major transportation infrastructure facilities that
            address critical national needs, such as intermodal facilities,
            border crossings, and multistate trade corridors, are of a
            scale that exceeds the capacity of Federal and State assistance
            programs in effect on the date of enactment of this Act;
                (4) new investment capital can be attracted to
            infrastructure projects that are capable of generating their
            own revenue streams through user charges or other dedicated
            funding sources; and
                (5) a Federal credit program for projects of national
            significance can complement existing funding resources by
            filling market gaps, thereby leveraging substantial private co-
            investment.

    SEC. 1313. ESTABLISHMENT OF PROGRAM.

        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by adding at the end the following:

                    ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

    ``Sec. 181. Definitions
        ``In this subchapter:
                ``(1) Eligible project costs.--The term `eligible project
            costs' means amounts substantially all of which are paid by, or
            for the account of, an obligor in connection with a project,
            including the cost of--
                        ``(A) development phase activities, including
                    planning, feasibility analysis, revenue forecasting,
                    environmental review, permitting, preliminary
                    engineering and design work, and other preconstruction
                    activities;
                        ``(B) construction, reconstruction, rehabilitation,
                    replacement, and acquisition of real property
                    (including land related to the project and improvements
                    to land), environmental mitigation, construction
                    contingencies, and acquisition of equipment; and
                        ``(C) capitalized interest necessary to meet market
                    requirements, reasonably required reserve funds,
                    capital issuance expenses, and other carrying costs
                    during construction.
                ``(2) Federal credit instrument.--The term `Federal credit
            instrument' means a secured loan, loan guarantee, or line of
            credit authorized to be made available under this subchapter
            with respect to a project.
                ``(3) Lender.--The term `lender' means any non-Federal
            qualified institutional buyer (as defined in section
            230.144A(a) of title 17, Code of Federal Regulations (or any
            successor regulation), known as Rule 144A(a) of the Securities
            and Exchange Commission and issued under the Securities Act of
            1933 (15 U.S.C. 77a et seq.)), including--
                        ``(A) a qualified retirement plan (as defined in
                    section 4974(c) of the Internal Revenue Code of 1986)
                    that is a qualified institutional buyer; and
                        ``(B) a governmental plan (as defined in section
                    414(d) of the Internal Revenue Code of 1986) that is a
                    qualified institutional buyer.
                ``(4) Line of credit.--The term `line of credit' means an
            agreement entered into by the Secretary with an obligor under
            section 184 to provide a direct loan at a future date upon the
            occurrence of certain events.
                ``(5) Loan guarantee.--The term `loan guarantee' means any
            guarantee or other pledge by the Secretary to pay all or part
            of the principal of and interest on a loan or other debt
            obligation issued by an obligor and funded by a lender.
                ``(6) Local servicer.--The term `local servicer' means--
                        ``(A) a State infrastructure bank established under
                    this title; or
                        ``(B) a State or local government or any agency of
                    a State or local government that is responsible for
                    servicing a Federal credit instrument on behalf of the
                    Secretary.
                ``(7) Obligor.--The term `obligor' means a party primarily
            liable for payment of the principal of or interest on a Federal
            credit instrument, which party may be a corporation,
            partnership, joint venture, trust, or governmental entity,
            agency, or instrumentality.
                ``(8) Project.--The term `project' means--
                        ``(A) any surface transportation project eligible
                    for Federal assistance under this title or chapter 53
                    of title 49; and
                        ``(B) a project for an international bridge or
                    tunnel for which an international entity authorized
                    under State or Federal law is responsible.
                ``(9) Project obligation.--The term `project obligation'
            means any note, bond, debenture, or other debt obligation
            issued by an obligor in connection with the financing of a
            project, other than a Federal credit instrument.
                ``(10) Secured loan.--The term `secured loan' means a
            direct loan or other debt obligation issued by an obligor and
            funded by the Secretary in connection with the financing of a
            project under section 183.
                ``(11) State.--The term `State' has the meaning given the
            term in section 101.
                ``(12) Substantial completion.--The term `substantial
            completion' means the opening of a project to vehicular or
            passenger traffic.
    ``Sec. 182. Determination of eligibility and project selection
        ``(a) Eligibility.--To be eligible to receive financial assistance
    under this subchapter, a project shall meet the following criteria:
                ``(1) Inclusion in transportation plans and programs.--The
            project--
                        ``(A) shall be included in the State transportation
                    plan required under section 135; and
                        ``(B) at such time as an agreement to make
                    available a Federal credit instrument is entered into
                    under this subchapter, shall be included in the
                    approved State transportation improvement program
                    required under section 134.
                ``(2) Application.--A State, a local servicer identified
            under section 185(a), or the entity undertaking the project
            shall submit a project application to the Secretary.
                ``(3) Eligible project costs.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), to be eligible for assistance under
                    this subchapter, a project shall have eligible project
                    costs that are reasonably anticipated to equal or
                    exceed the lesser of--
                                ``(i) $100,000,000; or
                                ``(ii) 50 percent of the amount of Federal
                            highway assistance funds apportioned for the
                            most recently-completed fiscal year to the
                            State in which the project is located.
                        ``(B) Intelligent transportation system projects.--
                    In the case of a project principally involving the
                    installation of an intelligent transportation system,
                    eligible project costs shall be reasonably anticipated
                    to equal or exceed $30,000,000.
                ``(4) Dedicated revenue sources.--Project financing shall
            be repayable, in whole or in part, from tolls, user fees, or
            other dedicated revenue sources.
                ``(5) Public sponsorship of private entities.--In the case
            of a project that is undertaken by an entity that is not a
            State or local government or an agency or instrumentality of a
            State or local government, the project that the entity is
            undertaking shall be publicly sponsored as provided in
            paragraphs (1) and (2).
        ``(b) Selection Among Eligible Projects.--
                ``(1) Establishment.--The Secretary shall establish
            criteria for selecting among projects that meet the eligibility
            criteria specified in subsection (a).
                ``(2) Selection criteria.--The selection criteria shall
            include the following:
                        ``(A) The extent to which the project is nationally
                    or regionally significant, in terms of generating
                    economic benefits, supporting international commerce,
                    or otherwise enhancing the national transportation
                    system.
                        ``(B) The creditworthiness of the project,
                    including a determination by the Secretary that any
                    financing for the project has appropriate security
                    features, such as a rate covenant, to ensure repayment.
                    The Secretary shall require each project applicant to
                    provide a preliminary rating opinion letter from a
                    nationally recognized bond rating agency.
                        ``(C) The extent to which assistance under this
                    subchapter would foster innovative public-private
                    partnerships and attract private debt or equity
                    investment.
                        ``(D) The likelihood that assistance under this
                    subchapter would enable the project to proceed at an
                    earlier date than the project would otherwise be able
                    to proceed.
                        ``(E) The extent to which the project uses new
                    technologies, including intelligent transportation
                    systems, that enhance the efficiency of the project.
                        ``(F) The amount of budget authority required to
                    fund the Federal credit instrument made available under
                    this subchapter.
                        ``(G) The extent to which the project helps
                    maintain or protect the environment.
                        ``(H) The extent to which assistance under this
                    chapter would reduce the contribution of Federal grant
                    assistance to the project.
        ``(c) Federal Requirements.--The following provisions of law shall
    apply to funds made available under this subchapter and projects
    assisted with the funds:
                ``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
            2000d et seq.).
                ``(2) The National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.).
                ``(3) The Uniform Relocation Assistance and Real Property
            Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
    ``Sec. 183. Secured loans
        ``(a) In General.--
                ``(1) Agreements.--Subject to paragraph (2), the Secretary
            may enter into agreements with 1 or more obligors to make
            secured loans, the proceeds of which shall be used--
                        ``(A) to finance eligible project costs; or
                        ``(B) to refinance interim construction financing
                    of eligible project costs;
            of any project selected under section 182.
                ``(2) Limitation on refinancing of interim construction
            financing.--A loan under paragraph (1) shall not refinance
            interim construction financing under paragraph (1)(B) later
            than 1 year after the date of substantial completion of the
            project.
        ``(b) Terms and Limitations.--
                ``(1) In general.--A secured loan under this section with
            respect to a project shall be on such terms and conditions and
            contain such covenants, representations, warranties, and
            requirements (including requirements for audits) as the
            Secretary determines appropriate.
                ``(2) Maximum amount.--The amount of the secured loan shall
            not exceed 33 percent of the reasonably anticipated eligible
            project costs.
                ``(3) Payment.--The secured loan--
                        ``(A) shall--
                                ``(i) be payable, in whole or in part, from
                            tolls, user fees, or other dedicated revenue
                            sources; and
                                ``(ii) include a rate covenant, coverage
                            requirement, or similar security feature
                            supporting the project obligations; and
                        ``(B) may have a lien on revenues described in
                    subparagraph (A) subject to any lien securing project
                    obligations.
                ``(4) Interest rate.--The interest rate on the secured loan
            shall be not less than the yield on marketable United States
            Treasury securities of a similar maturity to the maturity of
            the secured loan on the date of execution of the loan
            agreement.
                ``(5) Maturity date.--The final maturity date of the
            secured loan shall be not later than 35 years after the date of
            substantial completion of the project.
                ``(6) Nonsubordination.--The secured loan shall not be
            subordinated to the claims of any holder of project obligations
            in the event of bankruptcy, insolvency, or liquidation of the
            obligor.
                ``(7) Fees.--The Secretary may establish fees at a level
            sufficient to cover all or a portion of the costs to the
            Federal Government of making a secured loan under this section.
                ``(8) Non-federal share.--The proceeds of a secured loan
            under this subchapter may be used for any non-Federal share of
            project costs required under this title or chapter 53 of title
            49, if the loan is repayable from non-Federal funds.
        ``(c) Repayment.--
                ``(1) Schedule.--The Secretary shall establish a repayment
            schedule for each secured loan under this section based on the
            projected cash flow from project revenues and other repayment
            sources.
                ``(2) Commencement.--Scheduled loan repayments of principal
            or interest on a secured loan under this section shall commence
            not later than 5 years after the date of substantial completion
            of the project.
                ``(3) Sources of repayment funds.--The sources of funds for
            scheduled loan repayments under this section shall include
            tolls, user fees, or other dedicated revenue sources.
                ``(4) Deferred payments.--
                        ``(A) Authorization.--If, at any time during the 10
                    years after the date of substantial completion of the
                    project, the project is unable to generate sufficient
                    revenues to pay scheduled principal and interest on the
                    secured loan, the Secretary may, pursuant to
                    established criteria for the project agreed to by the
                    entity undertaking the project and the Secretary, allow
                    the obligor to add unpaid principal and interest to the
                    outstanding balance of the secured loan.
                        ``(B) Interest.--Any payment deferred under
                    subparagraph (A) shall--
                                ``(i) continue to accrue interest in
                            accordance with subsection (b)(4) until fully
                            repaid; and
                                ``(ii) be scheduled to be amortized over
                            the remaining term of the loan beginning not
                            later than 10 years after the date of
                            substantial completion of the project in
                            accordance with paragraph (1).
                ``(5) Prepayment.--
                        ``(A) Use of excess revenues.--Any excess revenues
                    that remain after satisfying scheduled debt service
                    requirements on the project obligations and secured
                    loan and all deposit requirements under the terms of
                    any trust agreement, bond resolution, or similar
                    agreement securing project obligations may be applied
                    annually to prepay the secured loan without penalty.
                        ``(B) Use of proceeds of refinancing.--The secured
                    loan may be prepaid at any time without penalty from
                    the proceeds of refinancing from non-Federal funding
                    sources.
        ``(d) Sale of Secured Loans.--
                ``(1) In general.--Subject to paragraph (2), as soon as
            practicable after substantial completion of a project and after
            notifying the obligor, the Secretary may sell to another entity
            or reoffer into the capital markets a secured loan for the
            project if the Secretary determines that the sale or reoffering
            can be made on favorable terms.
                ``(2) Consent of obligor.--In making a sale or reoffering
            under paragraph (1), the Secretary may not change the original
            terms and conditions of the secured loan without the written
            consent of the obligor.
        ``(e) Loan Guarantees.--
                ``(1) In general.--The Secretary may provide a loan
            guarantee to a lender in lieu of making a secured loan if the
            Secretary determines that the budgetary cost of the loan
            guarantee is substantially the same as that of a secured loan.
                ``(2) Terms.--The terms of a guaranteed loan shall be
            consistent with the terms set forth in this section for a
            secured loan, except that the rate on the guaranteed loan and
            any prepayment features shall be negotiated between the obligor
            and the lender, with the consent of the Secretary.
    ``Sec. 184. Lines of credit
        ``(a) In General.--
                ``(1) Agreements.--The Secretary may enter into agreements
            to make available lines of credit to 1 or more obligors in the
            form of direct loans to be made by the Secretary at future
            dates on the occurrence of certain events for any project
            selected under section 182.
                ``(2) Use of proceeds.--The proceeds of a line of credit
            made available under this section shall be available to pay
            debt service on project obligations issued to finance eligible
            project costs, extraordinary repair and replacement costs,
            operation and maintenance expenses, and costs associated with
            unexpected Federal or State environmental restrictions.
        ``(b) Terms and Limitations.--
                ``(1) In general.--A line of credit under this section with
            respect to a project shall be on such terms and conditions and
            contain such covenants, representations, warranties, and
            requirements (including requirements for audits) as the
            Secretary determines appropriate.
                ``(2) Maximum amounts.--
                        ``(A) Total amount.--The total amount of the line
                    of credit shall not exceed 33 percent of the reasonably
                    anticipated eligible project costs.
                        ``(B) One-year draws.--The amount drawn in any 1
                    year shall not exceed 20 percent of the total amount of
                    the line of credit.
                ``(3) Draws.--Any draw on the line of credit shall
            represent a direct loan and shall be made only if net revenues
            from the project (including capitalized interest, any debt
            service reserve fund, and any other available reserve) are
            insufficient to pay the costs specified in subsection (a)(2).
                ``(4) Interest rate.--The interest rate on a direct loan
            resulting from a draw on the line of credit shall be not less
            than the yield on 30-year marketable United States Treasury
            securities as of the date on which the line of credit is
            obligated.
                ``(5) Security.--The line of credit--
                        ``(A) shall--
                                ``(i) be payable, in whole or in part, from
                            tolls, user fees, or other dedicated revenue
                            sources; and
                                ``(ii) include a rate covenant, coverage
                            requirement, or similar security feature
                            supporting the project obligations; and
                        ``(B) may have a lien on revenues described in
                    subparagraph (A) subject to any lien securing project
                    obligations.
                ``(6) Period of availability.--The line of credit shall be
            available during the period beginning on the date of
            substantial completion of the project and ending not later than
            10 years after that date.
                ``(7) Rights of third party creditors.--
                        ``(A) Against federal government.--A third party
                    creditor of the obligor shall not have any right
                    against the Federal Government with respect to any draw
                    on the line of credit.
                        ``(B) Assignment.--An obligor may assign the line
                    of credit to 1 or more lenders or to a trustee on the
                    lenders' behalf.
                ``(8) Nonsubordination.--A direct loan under this section
            shall not be subordinated to the claims of any holder of
            project obligations in the event of bankruptcy, insolvency, or
            liquidation of the obligor.
                ``(9) Fees.--The Secretary may establish fees at a level
            sufficient to cover all or a portion of the costs to the
            Federal Government of providing a line of credit under this
            section.
                ``(10) Relationship to other credit instruments.--A project
            that receives a line of credit under this section shall not
            also receive a secured loan or loan guarantee under section 183
            of an amount that, combined with the amount of the line of
            credit, exceeds 33 percent of eligible project costs.
        ``(c) Repayment.--
                ``(1) Terms and conditions.--The Secretary shall establish
            repayment terms and conditions for each direct loan under this
            section based on the projected cash flow from project revenues
            and other repayment sources.
                ``(2) Timing.--All scheduled repayments of principal or
            interest on a direct loan under this section shall commence not
            later than 5 years after the end of the period of availability
            specified in subsection (b)(6) and be fully repaid, with
            interest, by the date that is 25 years after the end of the
            period of availability specified in subsection (b)(6).
                ``(3) Sources of repayment funds.--The sources of funds for
            scheduled loan repayments under this section shall include
            tolls, user fees, or other dedicated revenue sources.
    ``Sec. 185. Project servicing
        ``(a) Requirement.--The State in which a project that receives
    financial assistance under this subchapter is located may identify a
    local servicer to assist the Secretary in servicing the Federal credit
    instrument made available under this subchapter.
        ``(b) Agency; Fees.--If a State identifies a local servicer under
    subsection (a), the local servicer--
                ``(1) shall act as the agent for the Secretary; and
                ``(2) may receive a servicing fee, subject to approval by
            the Secretary.
        ``(c) Liability.--A local servicer identified under subsection (a)
    shall not be liable for the obligations of the obligor to the Secretary
    or any lender.
        ``(d) Assistance From Expert Firms.--The Secretary may retain the
    services of expert firms in the field of municipal and project finance
    to assist in the underwriting and servicing of Federal credit
    instruments.
    ``Sec. 186. State and local permits
        ``The provision of financial assistance under this subchapter with
    respect to a project shall not--
                ``(1) relieve any recipient of the assistance of any
            obligation to obtain any required State or local permit or
            approval with respect to the project;
                ``(2) limit the right of any unit of State or local
            government to approve or regulate any rate of return on private
            equity invested in the project; or
                ``(3) otherwise supersede any State or local law (including
            any regulation) applicable to the construction or operation of
            the project.
    ``Sec. 187. Regulations
        ``The Secretary may issue such regulations as the Secretary
    determines appropriate to carry out this subchapter.
    ``Sec. 188. Funding
        ``(a) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this subchapter--
                        ``(A) $60,000,000 for fiscal year 1998;
                        ``(B) $60,000,000 for fiscal year 1999;
                        ``(C) $90,000,000 for fiscal year 2000;
                        ``(D) $90,000,000 for fiscal year 2001;
                        ``(E) $115,000,000 for fiscal year 2002; and
                        ``(F) $115,000,000 for fiscal year 2003.
                ``(2) Administrative costs.--From funds made available
            under paragraph (1), the Secretary may use, for the
            administration of this subchapter, not more than $2,000,000 for
            each of fiscal years 1998 through 2003.
                ``(3) Availability.--Amounts made available under paragraph
            (1) shall remain available until expended.
        ``(b) Contract Authority.--
                ``(1) In general.--Notwithstanding any other provision of
            law, approval by the Secretary of a Federal credit instrument
            that uses funds made available under this subchapter shall be
            deemed to be acceptance by the United States of a contractual
            obligation to fund the Federal credit instrument.
                ``(2) Availability.--Amounts authorized under this section
            for a fiscal year shall be available for obligation on October
            1 of the fiscal year.
        ``(c) Limitations on Credit Amounts.--For each of fiscal years 1998
    through 2003, principal amounts of Federal credit instruments made
    available under this subchapter shall be limited to the amounts
    specified in the following table:

                                                             Maximum amount
    ``Fiscal year:
                                                                 of credit:
      1998...............................................   $1,200,000,000
      1999...............................................   $1,200,000,000
      2000...............................................   $1,800,000,000
      2001...............................................   $1,800,000,000
      2002...............................................   $2,300,000,000
      2003...............................................   $2,300,000,000.
    ``Sec. 189. Imposition of annual fee on recipients
        ``(a) In General.--There is hereby imposed on any recipient of a
    Federal credit instrument an annual fee equal to the applicable
    percentage of the average outstanding Federal credit instrument amount
    made available to the recipient during the year under this subchapter.
        ``(b) Time of Imposition.--The fee described in subsection (a)
    shall be imposed on the annual anniversary date of the receipt of the
    Federal credit instrument.
        ``(c) Applicable Percentage.--For the purposes of subsection (a),
    the applicable percentage is, with respect to an annual anniversary
    date occurring in--
                ``(1) any of fiscal years 1999 through 2003, 1.9095
            percent; and
                ``(2) any fiscal year after 2003, 0.5144 percent.
        ``(d) Termination.--The fee imposed by this section shall not apply
    with respect to annual anniversary dates occurring after September 30,
    2008.
        ``(e) Deposit of Receipts.--The fees collected by the Secretary
    under this section shall be deposited in the general fund of the
    Treasury of the United States as miscellaneous receipts.
    ``Sec. 190. Report to Congress
        ``Not later than 4 years after the date of enactment of this
    subchapter, the Secretary shall submit to Congress a report summarizing
    the financial performance of the projects that are receiving, or have
    received, assistance under this subchapter, including a recommendation
    as to whether the objectives of this subchapter are best served--
                ``(1) by continuing the program under the authority of the
            Secretary;
                ``(2) by establishing a Government corporation or
            Government-sponsored enterprise to administer the program; or
                ``(3) by phasing out the program and relying on the capital
            markets to fund the types of infrastructure investments
            assisted by this subchapter without Federal participation.''.
        (b) Conforming Amendments.--Chapter 1 of title 23, United States
    Code, is amended--
                (1) in the analysis--
                        (A) by inserting before ``Sec.'' the following:

                     ``SUBCHAPTER I--GENERAL PROVISIONS'';

                    and
                        (B) by adding at the end the following:

                    ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

    ``181. Definitions.
    ``182. Determination of eligibility and project selection.
    ``183. Secured loans.
    ``184. Lines of credit.
    ``185. Project servicing.
    ``186. State and local permits.
    ``187. Regulations.
    ``188. Funding.
    ``189. Imposition of annual fee on recipients.
    ``190. Report to Congress.'';
                    and
                (2) by inserting before section 101 the following:

                     ``SUBCHAPTER I--GENERAL PROVISIONS''.

    SEC. 1314. OFFICE OF INFRASTRUCTURE FINANCE.

        (a) Duties of the Secretary.--Section 301 of title 49, United
    States Code, is amended--
                (1) in paragraph (7), by striking ``and'' at the end;
                (2) in paragraph (8), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(9) develop and coordinate Federal policy on financing
            transportation infrastructure, including the provision of
            direct Federal credit assistance and other techniques used to
            leverage Federal transportation funds.''.
        (b) Office of Infrastructure Finance.--
                (1) In general.--Chapter 1 of title 49, United States Code,
            is amended by adding at the end the following:
    ``Sec. 113. Office of Infrastructure Finance
        ``(a) Establishment.--The Secretary of Transportation shall
    establish within the Office of the Secretary an Office of
    Infrastructure Finance.
        ``(b) Director.--The Office shall be headed by a Director who shall
    be appointed by the Secretary not later than 180 days after the date of
    enactment of this section.
        ``(c) Functions.--The Director shall be responsible for--
                ``(1) carrying out the responsibilities of the Secretary
            described in section 301(9);
                ``(2) carrying out research on financing transportation
            infrastructure, including educational programs and other
            initiatives to support Federal, State, and local government
            efforts; and
                ``(3) providing technical assistance to Federal, State, and
            local government agencies and officials to facilitate the
            development and use of alternative techniques for financing
            transportation infrastructure.''.
                (2) Conforming amendment.--The analysis for chapter 1 of
            title 49, United States Code, is amended by adding at the end
            the following:

    ``113. Office of Infrastructure Finance.''.

                               Subtitle D--Safety

    SEC. 1401. OPERATION LIFESAVER.

        Section 104 of title 23, United States Code (as amended by section
    1102(a)), is amended--
                (1) in the matter preceding paragraph (1) of subsection
            (b), by striking ``subsection (f)'' and inserting ``subsections
            (d) and (f)''; and
                (2) in subsection (d), by striking paragraph (1) and
            inserting the following:
                ``(1) Operation lifesaver.--Before making an apportionment
            of funds under subsection (b)(3) for a fiscal year, the
            Secretary shall set aside $500,000 of the funds made available
            for the surface transportation program for the fiscal year to
            carry out a public information and education program to help
            prevent and reduce motor vehicle accidents, injuries, and
            fatalities and to improve driver performance at railway-highway
            crossings.''.

    SEC. 1402. RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH SPEED
                  RAIL CORRIDORS.

        Section 104(d) of title 23, United States Code, is amended by
    striking paragraphs (2) and (3) and inserting the following:
                ``(2) Railway-highway crossing hazard elimination in high
            speed rail corridors.--
                        ``(A) In general.--Before making an apportionment
                    of funds under subsection (b)(3) for a fiscal year, the
                    Secretary shall set aside $5,000,000 of the funds made
                    available for the surface transportation program for
                    the fiscal year for elimination of hazards of railway-
                    highway crossings.
                        ``(B) Eligible corridors.--Funds made available
                    under subparagraph (A) shall be expended for projects
                    in--
                                ``(i) 5 railway corridors selected by the
                            Secretary in accordance with this subsection
                            (as in effect on the day before the date of
                            enactment of this clause);
                                ``(ii) 3 railway corridors selected by the
                            Secretary in accordance with subparagraphs (C)
                            and (D); and
                                ``(iii) a Gulf Coast high speed railway
                            corridor (as designated by the Secretary).
                        ``(C) Required inclusion of high speed rail
                    lines.--A corridor selected by the Secretary under
                    subparagraph (B) shall include rail lines where
                    railroad speeds of 90 miles or more per hour are
                    occurring or can reasonably be expected to occur in the
                    future.
                        ``(D) Considerations in corridor selection.--In
                    selecting corridors under subparagraph (B), the
                    Secretary shall consider--
                                ``(i) projected rail ridership volume in
                            each corridor;
                                ``(ii) the percentage of each corridor over
                            which a train will be capable of operating at
                            its maximum cruise speed taking into account
                            such factors as topography and other traffic on
                            the line;
                                ``(iii) projected benefits to nonriders
                            such as congestion relief on other modes of
                            transportation serving each corridor (including
                            congestion in heavily traveled air passenger
                            corridors);
                                ``(iv) the amount of State and local
                            financial support that can reasonably be
                            anticipated for the improvement of the line and
                            related facilities; and
                                ``(v) the cooperation of the owner of the
                            right-of-way that can reasonably be expected in
                            the operation of high speed rail passenger
                            service in each corridor.
                        ``(E)(i) Authorization of appropriations.--There is
                    authorized to be appropriated $15,000,000 in each of
                    fiscal years 1998 through 2003 to carry out this
                    subsection.
                        ``(ii) Availability.--Notwithstanding section
                    118(a), funds made available under clause (i) shall not
                    be available in advance of an annual appropriation.''.

    SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.

        Section 130 of title 23, United States Code, is amended--
                (1) in the first sentence of subsection (a)--
                        (A) by striking ``structures, and'' and inserting
                    ``structures,''; and
                        (B) by inserting after ``grade crossings,'' the
                    following: ``trespassing countermeasures in the
                    immediate vicinity of a public railway-highway grade
                    crossing, railway-highway crossing safety education,
                    enforcement of traffic laws relating to railway-highway
                    crossing safety, and projects at privately owned
                    railway-highway crossings if each such project is
                    publicly sponsored and the Secretary determines that
                    the project would serve a public benefit,'';
                (2) in subsection (d), by adding at the end the following:
            ``In a manner established by the Secretary, each State shall
            submit a report that describes completed railway-highway
            crossing projects funded under this section to the Department
            of Transportation for inclusion in the National Grade Crossing
            Inventory prepared by the Department of Transportation and the
            Association of American Railroads.''; and
                (3) by striking subsection (e).

    SEC. 1404. HAZARD ELIMINATION PROGRAM.

        (a) In General.--Section 152 of title 23, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) by striking ``(a) Each'' and inserting the
                    following:
        ``(a) In General.--
                ``(1) Program.--Each'';
                        (B) by inserting ``, bicyclists,'' after
                    ``motorists''; and
                        (C) by adding at the end the following:
                ``(2) Hazards.--In carrying out paragraph (1), a State may,
            at its discretion--
                        ``(A) identify through a survey hazards to
                    motorists, bicyclists, pedestrians, and users of
                    highway facilities; and
                        ``(B) develop and implement projects and programs
                    to address the hazards.'';
                (2) in subsection (b), by striking ``highway safety
            improvement project'' and inserting ``safety improvement
            project, including a project described in subsection (a)''; and
                (3) in subsection (c), by striking ``on any public road
            (other than a highway on the Interstate System).'' and
            inserting the following: ``on--
                ``(1) any public road;
                ``(2) any public transportation vehicle or facility, any
            publicly owned bicycle or pedestrian pathway or trail, or any
            other facility that the Secretary determines to be appropriate;
            or
                ``(3) any traffic calming measure.''.
        (b) Conforming Amendments.--
                (1) Section 101(a) of title 23, United States Code, is
            amended--
                        (A) in the undesignated paragraph defining
                    ``highway safety improvement project'', by striking
                    ``highway safety'' and inserting ``safety''; and
                        (B) by moving that undesignated paragraph to appear
                    before the undesignated paragraph defining
                    ``Secretary''.
                (2) Section 152 of title 23, United States Code, is amended
            in subsections (f) and (g) by striking ``highway safety
            improvement projects'' each place it appears and inserting
            ``safety improvement projects''.

    SEC. 1405. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
                  INTOXICATED OR DRIVING UNDER THE INFLUENCE.

        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 1301(a)), is amended by adding at the end the
    following:
    ``Sec. 163. Minimum penalties for repeat offenders for driving while
                  intoxicated or driving under the influence
        ``(a) Definitions.--In this section:
                ``(1) Alcohol concentration.--The term `alcohol
            concentration' means grams of alcohol per 100 milliliters of
            blood or grams of alcohol per 210 liters of breath.
                ``(2) Driving while intoxicated; driving under the
            influence.--The terms `driving while intoxicated' and `driving
            under the influence' mean driving or being in actual physical
            control of a motor vehicle while having an alcohol
            concentration above the permitted limit as established by each
            State.
                ``(3) License suspension.--The term `license suspension'
            means the suspension of all driving privileges.
                ``(4) Motor vehicle.--The term `motor vehicle' means a
            vehicle driven or drawn by mechanical power and manufactured
            primarily for use on public highways, but does not include a
            vehicle operated solely on a rail line or a commercial vehicle.
                ``(5) Repeat intoxicated driver law.--The term `repeat
            intoxicated driver law' means a State law that provides, as a
            minimum penalty, that an individual convicted of a second or
            subsequent offense for driving while intoxicated or driving
            under the influence after a previous conviction for that
            offense shall--
                        ``(A) receive a driver's license suspension for not
                    less than 1 year;
                        ``(B) be subject to the impoundment or
                    immobilization of each of the individual's motor
                    vehicles or the installation of an ignition interlock
                    system on each of the motor vehicles;
                        ``(C) receive an assessment of the individual's
                    degree of abuse of alcohol and treatment as
                    appropriate; and
                        ``(D) receive--
                                ``(i) in the case of the second offense--
                                        ``(I) an assignment of not less
                                    than 30 days of community service; or
                                        ``(II) not less than 5 days of
                                    imprisonment; and
                                ``(ii) in the case of the third or
                            subsequent offense--
                                        ``(I) an assignment of not less
                                    than 60 days of community service; or
                                        ``(II) not less than 10 days of
                                    imprisonment.
        ``(b) Transfer of Funds.--
                ``(1) Fiscal years 2001 and 2002.--
                        ``(A) In general.--On October 1, 2000, and October
                    1, 2001, if a State has not enacted or is not enforcing
                    a repeat intoxicated driver law, the Secretary shall
                    transfer an amount equal to 1\1/2\ percent of the funds
                    apportioned to the State on that date under paragraphs
                    (1) and (3) of section 104(b) to the apportionment of
                    the State under section 402--
                                ``(i) to be used for alcohol-impaired
                            driving countermeasures; or
                                ``(ii) to be directed to State and local
                            law enforcement agencies for enforcement of
                            laws prohibiting driving while intoxicated or
                            driving under the influence and other related
                            laws (including regulations), including the
                            purchase of equipment, the training of
                            officers, and the use of additional personnel
                            for specific alcohol-impaired driving
                            countermeasures, dedicated to enforcement of
                            the laws (including regulations).
                        ``(B) Derivation of amount to be transferred.--An
                    amount transferred under subparagraph (A) may be
                    derived--
                                ``(i) from the apportionment of the State
                            under section 104(b)(1);
                                ``(ii) from the apportionment of the State
                            under section 104(b)(3); or
                                ``(iii) partially from the apportionment of
                            the State under section 104(b)(1) and partially
                            from the apportionment of the State under
                            section 104(b)(3).
                ``(2) Fiscal year 2003 and fiscal years thereafter.--
                        ``(A) In general.--On October 1, 2002, and each
                    October 1 thereafter, if a State has not enacted or is
                    not enforcing a repeat intoxicated driver law, the
                    Secretary shall transfer 3 percent of the funds
                    apportioned to the State on that date under each of
                    paragraphs (1) and (3) of section 104(b) to the
                    apportionment of the State under section 402--
                                ``(i) to be used for alcohol-impaired
                            driving countermeasures; or
                                ``(ii) to be directed to State and local
                            law enforcement agencies for enforcement of
                            laws prohibiting driving while intoxicated or
                            driving under the influence and other related
                            laws (including regulations), including the
                            purchase of equipment, the training of
                            officers, and the use of additional personnel
                            for specific alcohol-impaired driving
                            countermeasures, dedicated to enforcement of
                            the laws (including regulations).
                        ``(B) Derivation of amount to be transferred.--An
                    amount transferred under subparagraph (A) may be
                    derived--
                                ``(i) from the apportionment of the State
                            under section 104(b)(1);
                                ``(ii) from the apportionment of the State
                            under section 104(b)(3); or
                                ``(iii) partially from the apportionment of
                            the State under section 104(b)(1) and partially
                            from the apportionment of the State under
                            section 104(b)(3).
                ``(3) Federal share.--The Federal share of the cost of a
            project carried out under section 402 with funds transferred
            under paragraph (1) or (2) shall be 100 percent.
                ``(4) Transfer of obligation authority.--
                        ``(A) In general.--If the Secretary transfers under
                    this subsection any funds to the apportionment of a
                    State under section 402 for a fiscal year, the
                    Secretary shall transfer an amount, determined under
                    subparagraph (B), of obligation authority distributed
                    for the fiscal year to the State for Federal-aid
                    highways and highway safety construction programs for
                    carrying out projects under section 402.
                        ``(B) Amount.--The amount of obligation authority
                    referred to in subparagraph (A) shall be determined by
                    multiplying--
                                ``(i) the amount of funds transferred under
                            subparagraph (A) to the apportionment of the
                            State under section 402 for the fiscal year; by
                                ``(ii) the ratio that--
                                        ``(I) the amount of obligation
                                    authority distributed for the fiscal
                                    year to the State for Federal-aid
                                    highways and highway safety
                                    construction programs; bears to
                                        ``(II) the total of the sums
                                    apportioned to the State for Federal-
                                    aid highways and highway safety
                                    construction programs (excluding sums
                                    not subject to any obligation
                                    limitation) for the fiscal year.
                ``(5) Limitation on applicability of highway safety
            obligations.--Notwithstanding any other provision of law, no
            limitation on the total of obligations for highway safety
            programs under section 402 shall apply to funds transferred
            under this subsection to the apportionment of a State under
            that section.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 1301(b)), is amended by
    adding at the end the following:

    ``163. Minimum penalties for repeat offenders for driving while
                                intoxicated or driving under the
                                influence.''.

    SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.

        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 1405(a)), is amended by adding at the end the
    following:
    ``Sec. 164. Safety incentive grants for use of seat belts
        ``(a) Definitions.--In this section:
                ``(1) Motor vehicle.--The term `motor vehicle' means a
            vehicle driven or drawn by mechanical power and manufactured
            primarily for use on public highways, but does not include a
            vehicle operated solely on a rail line.
                ``(2) Multipurpose passenger motor vehicle.--The term
            `multipurpose passenger motor vehicle' means a motor vehicle
            with motive power (except a trailer), designed to carry not
            more than 10 individuals, that is constructed on a truck
            chassis or is constructed with special features for occasional
            off-road operation.
                ``(3) National average seat belt use rate.--The term
            `national average seat belt use rate' means, in the case of
            each of calendar years 1995 through 2001, the national average
            seat belt use rate for that year, as determined by the
            Secretary.
                ``(4) Passenger car.--The term `passenger car' means a
            motor vehicle with motive power (except a multipurpose
            passenger motor vehicle, motorcycle, or trailer) designed to
            carry not more than 10 individuals.
                ``(5) Passenger motor vehicle.--The term `passenger motor
            vehicle' means a passenger car or a multipurpose passenger
            motor vehicle.
                ``(6) Savings to the federal government.--The term `savings
            to the Federal Government' means the amount of Federal budget
            savings relating to Federal medical costs (including savings
            under the medicare and medicaid programs under titles XVIII and
            XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as
            determined by the Secretary.
                ``(7) Seat belt.--The term `seat belt' means--
                        ``(A) with respect to an open-body passenger motor
                    vehicle, including a convertible, an occupant restraint
                    system consisting of a lap belt or a lap belt and a
                    detachable shoulder belt; and
                        ``(B) with respect to any other passenger motor
                    vehicle, an occupant restraint system consisting of
                    integrated lap and shoulder belts.
                ``(8) State seat belt use rate.--The term `State seat belt
            use rate' means the rate of use of seat belts in passenger
            motor vehicles in a State, as measured and submitted to the
            Secretary--
                        ``(A) for each of calendar years 1995 through 1997,
                    by the State, as adjusted by the Secretary to ensure
                    national consistency in methods of measurement (as
                    determined by the Secretary); and
                        ``(B) for each of calendar years 1998 through 2001,
                    by the State in a manner consistent with the criteria
                    established by the Secretary under subsection (e).
        ``(b) Determinations by the Secretary.--Not later than 30 days
    after the date of enactment of this section, and not later than
    September 1 of each calendar year thereafter through September 1, 2002,
    the Secretary shall determine--
                ``(1)(A) which States had, for each of the previous
            calendar years (referred to in this subsection as the `previous
            calendar year') and the year preceding the previous calendar
            year, a State seat belt use rate greater than the national
            average seat belt use rate for that year; and
                ``(B) in the case of each State described in subparagraph
            (A), the amount that is equal to the savings to the Federal
            Government due to the amount by which the State seat belt use
            rate for the previous calendar year exceeds the national
            average seat belt use rate for that year; and
                ``(2) in the case of each State that is not a State
            described in paragraph (1)(A)--
                        ``(A) the base seat belt use rate of the State,
                    which shall be equal to the highest State seat belt use
                    rate for the State for any calendar year during the
                    period of 1995 through the calendar year preceding the
                    previous calendar year; and
                        ``(B) the amount that is equal to the savings to
                    the Federal Government due to any increase in the State
                    seat belt use rate for the previous calendar year over
                    the base seat belt use rate determined under
                    subparagraph (A).
        ``(c) Allocations.--
                ``(1) States with greater than the national average seat
            belt use rate.--Not later than 30 days after the date of
            enactment of this section, and not later than each October 1
            thereafter through October 1, 2002, the Secretary shall
            allocate to each State described in subsection (b)(1)(A) an
            amount equal to the amount determined for the State under
            subsection (b)(1)(B).
                ``(2) Other states.--Not later than 30 days after the date
            of enactment of this section, and not later than each October 1
            thereafter through October 1, 2002, the Secretary shall
            allocate to each State described in subsection (b)(2) an amount
            equal to the amount determined for the State under subsection
            (b)(2)(B).
        ``(d) Use of Funds.--For each fiscal year, each State that is
    allocated an amount under this section shall use the amount for
    projects eligible for assistance under this title.
        ``(e) Criteria.--Not later than 180 days after the date of
    enactment of the Intermodal Surface Transportation Efficiency Act of
    1998, the Secretary shall establish criteria for the measurement of
    State seat belt use rates by States to ensure that the measurements are
    accurate and representative.
        ``(f) Funding.--
                ``(1) Authorization of contract authority.--There shall be
            available from the Highway Trust Fund (other than the Mass
            Transit Account) to carry out this section $60,000,000 for
            fiscal year 1998, $70,000,000 for fiscal year 1999, $80,000,000
            for fiscal year 2000, $90,000,000 for fiscal year 2001, and
            $100,000,000 for each of fiscal years 2002 and 2003.
                ``(2) Proportionate adjustment.--If the total amounts to be
            allocated under subsection (c) for any fiscal year would exceed
            the amounts authorized for the fiscal year under paragraph (1),
            the allocation to each State under subsection (c) shall be
            reduced proportionately.
                ``(3) Use of unallocated funds.--To the extent that the
            amounts made available for any fiscal year under paragraph (1)
            exceed the total amounts to be allocated under subsection (c)
            for the fiscal year, the excess amounts shall be allocated as
            follows:
                        ``(A) 50 percent to be apportioned to the States in
                    the same manner in which funds are apportioned under
                    section 402(c).
                        ``(B) 50 percent to be allocated by the Secretary
                    under section 403 through cooperative agreements with
                    States to carry out innovative programs to promote
                    increased seat belt use rates.
                ``(4) Administrative expenses.--Not more than 2 percent of
            the funds made available to carry out this section may be used
            to pay the necessary administrative expenses incurred in
            carrying out this section.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 1405(b)), is amended by
    adding at the end the following:

    ``164. Safety incentive grants for use of seat belts.''.

    SEC. 1407. AUTOMATIC CRASH PROTECTION UNBELTED TESTING STANDARD.

        (a) In General.--
                (1) Testing with simultaneous use.--Beginning on the date
            of enactment of this Act, for the purpose of certification
            under section 30115 of title 49, United States Code, of
            compliance with the motor vehicle safety standards under
            section 30111 of that title, a manufacturer or distributor of a
            motor vehicle shall be deemed to be in compliance with
            applicable performance standards for occupant crash protection
            if the motor vehicle meets the applicable requirements for
            testing with the simultaneous use of both an automatic
            restraint system and a manual seat belt.
                (2) Prohibition.--In no case shall a manufacturer or
            distributor use, for the purpose of the certification referred
            to in paragraph (1), testing that provides for the use of an
            automatic restraint system without the use of a manual seat
            belt.
        (b) Revision of Standards.--The Secretary shall issue such revised
    standards under section 30111 of title 49, United States Code, as are
    necessary to conform to subsection (a).

    SEC. 1408. NATIONAL STANDARD TO PROHIBIT OPERATION OF MOTOR VEHICLES BY
                  INTOXICATED INDIVIDUALS.

        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by inserting after section 153 the following:
    ``Sec. 154. National standard to prohibit operation of motor vehicles
                  by intoxicated individuals
        ``(a) Withholding of Apportionments for Noncompliance.--
                ``(1) Fiscal year 2002.--The Secretary shall withhold 5
            percent of the amount required to be apportioned to any State
            under each of paragraphs (1)(A), (1)(C), and (3) of section
            104(b) on October 1, 2001, if the State does not meet the
            requirements of paragraph (3) on that date.
                ``(2) Subsequent fiscal years.--The Secretary shall
            withhold 10 percent (including any amounts withheld under
            paragraph (1)) of the amount required to be apportioned to any
            State under each of paragraphs (1)(A), (1)(C), and (3) of
            section 104(b) on October 1, 2002, and on October 1 of each
            fiscal year thereafter, if the State does not meet the
            requirements of paragraph (3) on that date.
                ``(3) Requirements.--A State meets the requirements of this
            paragraph if the State has enacted and is enforcing a law
            providing that an individual who has an alcohol concentration
            of 0.08 percent or greater while operating a motor vehicle in
            the State is guilty of the offense of driving while intoxicated
            (or an equivalent offense that carries the greatest penalty
            under the law of the State for operating a motor vehicle after
            having consumed alcohol).
        ``(b) Period of Availability; Effect of Compliance and
    Noncompliance.--
                ``(1) Period of availability of withheld funds.--
                        ``(A) Funds withheld on or before september 30,
                    2003.--Any funds withheld under subsection (a) from
                    apportionment to any State on or before September 30,
                    2003, shall remain available until the end of the third
                    fiscal year following the fiscal year for which the
                    funds are authorized to be appropriated.
                        ``(B) Funds withheld after september 30, 2003.--No
                    funds withheld under this section from apportionment to
                    any State after September 30, 2003, shall be available
                    for apportionment to the State.
                ``(2) Apportionment of withheld funds after compliance.--
            If, before the last day of the period for which funds withheld
            under subsection (a) from apportionment are to remain available
            for apportionment to a State under paragraph (1)(A), the State
            meets the requirements of subsection (a)(3), the Secretary
            shall, on the first day on which the State meets the
            requirements, apportion to the State the funds withheld under
            subsection (a) that remain available for apportionment to the
            State.
                ``(3) Period of availability of subsequently apportioned
            funds.--
                        ``(A) In general.--Any funds apportioned under
                    paragraph (2) shall remain available for expenditure
                    until the end of the third fiscal year following the
                    fiscal year in which the funds are so apportioned.
                        ``(B) Treatment of certain funds.--Sums not
                    obligated at the end of the period referred to in
                    subparagraph (A) shall--
                                ``(i) lapse; or
                                ``(ii) in the case of funds apportioned
                            under section 104(b)(1)(A), lapse and be made
                            available by the Secretary for projects in
                            accordance with section 118.
                ``(4) Effect of noncompliance.--If, at the end of the
            period for which funds withheld under subsection (a) from
            apportionment are available for apportionment to a State under
            paragraph (1)(A), the State does not meet the requirements of
            subsection (a)(3), the funds shall--
                        ``(A) lapse; or
                        ``(B) in the case of funds withheld from
                    apportionment under section 104(b)(1)(A), lapse and be
                    made available by the Secretary for projects in
                    accordance with section 118.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by inserting after the item relating to
    section 153 the following:

    ``154. National standard to prohibit operation of motor vehicles by
                                intoxicated individuals.''.

    SEC. 1409. OPEN CONTAINER LAWS.

        (a) Establishment.--Chapter 1 of title 23, United States Code, is
    amended by inserting after section 153 the following:
    ``Sec. 154. Open container requirements
        ``(a) Definitions.--In this section:
                ``(1) Alcoholic beverage.--The term `alcoholic beverage'
            has the meaning given the term in section 158(c).
                ``(2) Motor vehicle.--The term `motor vehicle' means a
            vehicle driven or drawn by mechanical power and manufactured
            primarily for use on public highways, but does not include a
            vehicle operated exclusively on a rail or rails.
                ``(3) Open alcoholic beverage container.--The term `open
            alcoholic beverage container' has the meaning given the term in
            section 410(i).
                ``(4) Passenger area.--The term `passenger area' shall have
            the meaning given the term by the Secretary by regulation.
        ``(b) Withholding of Apportionments for Noncompliance.--
                ``(1) Fiscal year 2002.--The Secretary shall withhold 5
            percent of the amount required to be apportioned to any State
            under each of paragraphs (1)(A), (1)(C), and (3) of section
            104(b) on October 1, 2001, if the State does not have in effect
            a law described in paragraph (3) on that date.
                ``(2) Subsequent fiscal years.--The Secretary shall
            withhold 10 percent (including any amounts withheld under
            paragraph (1)) of the amount required to be apportioned to any
            State under each of paragraphs (1)(A), (1)(C), and (3) of
            section 104(b) on October 1, 2002, and on October 1 of each
            fiscal year thereafter, if the State does not have in effect a
            law described in paragraph (3) on that date.
                ``(3) Open container laws.--
                        ``(A) In general.--For the purposes of this
                    section, each State shall have in effect a law that
                    prohibits the possession of any open alcoholic beverage
                    container, or the consumption of any alcoholic
                    beverage, in the passenger area of any motor vehicle
                    (including possession or consumption by the driver of
                    the vehicle) located on a public highway, or the right-
                    of-way of a public highway, in the State.
                        ``(B) Motor vehicles designed to transport many
                    passengers.--For the purposes of this section, if a
                    State has in effect a law that makes unlawful the
                    possession of any open alcoholic beverage container in
                    the passenger area by the driver (but not by a
                    passenger) of a motor vehicle designed, maintained, or
                    used primarily for the transportation of persons for
                    compensation, or to the living quarters of a house
                    coach or house trailer, the State shall be deemed to
                    have in effect a law described in this subsection with
                    respect to such a motor vehicle for each fiscal year
                    during which the law is in effect.
        ``(c) Period of Availability; Effect of Compliance and
    Noncompliance.--
                ``(1) Period of availability of withheld funds.--
                        ``(A) Funds withheld on or before september 30,
                    2003.--Any funds withheld under subsection (b) from
                    apportionment to any State on or before September 30,
                    2003, shall remain available until the end of the third
                    fiscal year following the fiscal year for which the
                    funds are authorized to be appropriated.
                        ``(B) Funds withheld after september 30, 2003.--No
                    funds withheld under this section from apportionment to
                    any State after September 30, 2003, shall be available
                    for apportionment to the State.
                ``(2) Apportionment of withheld funds after compliance.--
            If, before the last day of the period for which funds withheld
            under subsection (b) from apportionment are to remain available
            for apportionment to a State under paragraph (1)(A), the State
            has in effect a law described in subsection (b)(3), the
            Secretary shall, on the first day on which the State has in
            effect such a law, apportion to the State the funds withheld
            under subsection (b) that remain available for apportionment to
            the State.
                ``(3) Period of availability of subsequently apportioned
            funds.--
                        ``(A) In general.--Any funds apportioned under
                    paragraph (2) shall remain available for expenditure
                    until the end of the third fiscal year following the
                    fiscal year in which the funds are so apportioned.
                        ``(B) Treatment of certain funds.--Sums not
                    obligated at the end of the period referred to in
                    subparagraph (A) shall--
                                ``(i) lapse; or
                                ``(ii) in the case of funds apportioned
                            under section 104(b)(1)(A), lapse and be made
                            available by the Secretary for projects in
                            accordance with section 118.
                ``(4) Effect of noncompliance.--If, at the end of the
            period for which funds withheld under subsection (b) from
            apportionment are available for apportionment to a State under
            paragraph (1)(A), the State does not have in effect a law
            described in subsection (b)(3), the funds shall--
                        ``(A) lapse; or
                        ``(B) in the case of funds withheld from
                    apportionment under section 104(b)(1)(A), lapse and be
                    made available by the Secretary for projects in
                    accordance with section 118.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by inserting after the item relating to
    section 153 the following:

    ``154. Open container requirements.''.

    SEC. 1410. REPORT ON EFFECTS OF ALLOWING HEAVIER WEIGHT VEHICLES ON
                  CERTAIN HIGHWAYS.

        (a) Definition of Heavier Weight Vehicle.--In this section, the
    term ``heavier weight vehicle'' means a vehicle the operation of which
    on the Interstate System is prohibited under section 127 of title 23,
    United States Code.
        (b) Report.--Not later than December 31, 2000, the Secretary shall
    submit to Congress a report on the effects of allowing operation of
    heavier weight vehicles on Interstate Route 95 in the States of Maine
    and New Hampshire.
        (c) Contents.--The report shall contain an analysis of the safety,
    infrastructure, cost recovery, environmental, and economic implications
    of that operation.
        (d) Consultation.--In preparing the report, the Secretary shall
    consult with the safety and modal administrations of the Department of
    Transportation, and the States of Maine and New Hampshire.
        (e) Moratorium on Withholding of Funds.--Notwithstanding section
    127 of title 23, United States Code, during the period beginning on the
    date of enactment of this Act and ending on the earlier of the end of
    fiscal year 2002 or the date that is 1 year after the date of
    submission of the report under subsection (b), the Secretary shall not
    withhold, under that section, funds from apportionment to the States of
    Maine and New Hampshire.

                            Subtitle E--Environment

    SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.

        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 1406(a)) is amended by adding at the end the
    following:
    ``Sec. 165. National scenic byways program
        ``(a) Designation of Roads.--
                ``(1) In general.--The Secretary shall carry out a national
            scenic byways program that recognizes roads having outstanding
            scenic, historic, cultural, natural, recreational, and
            archaeological qualities by designating the roads as National
            Scenic Byways or All-American Roads.
                ``(2) Criteria.--The Secretary shall designate roads to be
            recognized under the national scenic byways program in
            accordance with criteria developed by the Secretary.
                ``(3) Nomination.--To be considered for the designation, a
            road must be nominated by a State or a Federal land management
            agency and must first be designated as a State scenic byway or,
            in the case of a road on Federal land, as a Federal land
            management agency byway.
        ``(b) Grants and Technical Assistance.--
                ``(1) In general.--The Secretary shall make grants and
            provide technical assistance to States to--
                        ``(A) implement projects on highways designated as
                    National Scenic Byways or All-American Roads, or as
                    State scenic byways; and
                        ``(B) plan, design, and develop a State scenic
                    byway program.
                ``(2) Priorities.--In making grants, the Secretary shall
            give priority to--
                        ``(A) each eligible project that is associated with
                    a highway that has been designated as a National Scenic
                    Byway or All-American Road and that is consistent with
                    the corridor management plan for the byway;
                        ``(B) each eligible project along a State-
                    designated scenic byway that is consistent with the
                    corridor management plan for the byway, or is intended
                    to foster the development of such a plan, and is
                    carried out to make the byway eligible for designation
                    as a National Scenic Byway or All-American Road; and
                        ``(C) each eligible project that is associated with
                    the development of a State scenic byway program.
        ``(c) Eligible Projects.--The following are projects that are
    eligible for Federal assistance under this section:
                ``(1) An activity related to the planning, design, or
            development of a State scenic byway program.
                ``(2) Development and implementation of a corridor
            management plan to maintain the scenic, historical,
            recreational, cultural, natural, and archaeological
            characteristics of a byway corridor while providing for
            accommodation of increased tourism and development of related
            amenities.
                ``(3) Safety improvements to a State scenic byway, National
            Scenic Byway, or All-American Road to the extent that the
            improvements are necessary to accommodate increased traffic and
            changes in the types of vehicles using the highway as a result
            of the designation as a State scenic byway, National Scenic
            Byway, or All-American Road.
                ``(4) Construction along a scenic byway of a facility for
            pedestrians and bicyclists, rest area, turnout, highway
            shoulder improvement, passing lane, overlook, or interpretive
            facility.
                ``(5) An improvement to a scenic byway that will enhance
            access to an area for the purpose of recreation, including
            water-related recreation.
                ``(6) Protection of scenic, historical, recreational,
            cultural, natural, and archaeological resources in an area
            adjacent to a scenic byway.
                ``(7) Development and provision of tourist information to
            the public, including interpretive information about a scenic
            byway.
                ``(8) Development and implementation of a scenic byways
            marketing program.
        ``(d) Limitation.--The Secretary shall not make a grant under this
    section for any project that would not protect the scenic, historical,
    recreational, cultural, natural, and archaeological integrity of a
    highway and adjacent areas.
        ``(e) Federal Share.--The Federal share of the cost of carrying out
    a project under this section shall be 80 percent, except that, in the
    case of any scenic byways project along a public road that provides
    access to or within Federal or Indian land, a Federal land management
    agency may use funds authorized for use by the agency as the non-
    Federal share.
        ``(f) Authorization of Contract Authority.--There shall be
    available from the Highway Trust Fund (other than the Mass Transit
    Account) to carry out this section $17,000,000 for fiscal year 1998,
    $17,000,000 for fiscal year 1999, $19,000,000 for fiscal year 2000,
    $19,000,000 for fiscal year 2001, $21,000,000 for fiscal year 2002, and
    $23,000,000 for fiscal year 2003.''.
        (b) Conforming Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 1406(b)), is amended by
    adding at the end the following:

    ``165. National scenic byways program.''.

    SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.

        Section 149 of title 23, United States Code, is amended by adding
    at the end the following:
        ``(e) Partnerships With Nongovernmental Entities.--
                ``(1) In general.--Notwithstanding any other provision of
            this title and in accordance with this subsection, a
            metropolitan planning organization, State transportation
            department, or other project sponsor may enter into an
            agreement with any public, private, or nonprofit entity to
            cooperatively implement any project carried out under this
            section.
                ``(2) Forms of participation by entities.--Participation by
            an entity under paragraph (1) may consist of--
                        ``(A) ownership or operation of any land, facility,
                    vehicle, or other physical asset associated with the
                    project;
                        ``(B) cost sharing of any project expense;
                        ``(C) carrying out of administration, construction
                    management, project management, project operation, or
                    any other management or operational duty associated
                    with the project; and
                        ``(D) any other form of participation approved by
                    the Secretary.
                ``(3) Allocation to entities.--A State may allocate funds
            apportioned under section 104(b)(2) to an entity described in
            paragraph (1).
                ``(4) Alternative fuel projects.--In the case of a project
            that will provide for the use of alternative fuels by privately
            owned vehicles or vehicle fleets, activities eligible for
            funding under this subsection--
                        ``(A) may include the costs of vehicle refueling
                    infrastructure and other capital investments associated
                    with the project; and
                        ``(B) shall--
                                ``(i) include only the incremental cost of
                            an alternative fueled vehicle compared to a
                            conventionally fueled vehicle that would
                            otherwise be borne by a private party; and
                                ``(ii) apply other governmental financial
                            purchase contributions in the calculation of
                            net incremental cost.
                ``(5) Prohibition on federal participation with respect to
            required activities.--A Federal participation payment under
            this subsection may not be made to an entity to fund an
            obligation imposed under the Clean Air Act (42 U.S.C. 7401 et
            seq.) or any other Federal law.''.

    SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.

        (a) Findings.--Congress finds that--
                (1) surface transportation has unintended but negative
            consequences for wetlands and other water resources;
                (2) in almost every State, construction and other highway
            activities have reduced or eliminated wetland functions and
            values, such as wildlife habitat, ground water recharge, flood
            control, and water quality benefits;
                (3) the United States has lost more than \1/2\ of the
            estimated 220,000,000 acres of wetlands that existed during
            colonial times; and
                (4) while the rate of human-induced destruction and
            conversion of wetlands has slowed in recent years, the United
            States has suffered unacceptable wetland losses as a result of
            highway projects.
        (b) Establishment.--The Secretary shall establish a national
    wetland restoration pilot program (referred to in this section as the
    ``program'') to fund mitigation projects to offset the degradation of
    wetlands, or the loss of functions and values of the aquatic resource,
    resulting from projects carried out before December 27, 1977, under
    title 23, United States Code (or similar projects as determined by the
    Secretary), for which mitigation has not been performed.
        (c) Applications.--To be eligible for funding under the program, a
    State shall submit an application to the Secretary that includes--
                (1) a description of the wetland proposed to be restored by
            a mitigation project described in subsection (b) (referred to
            in this section as a ``wetland restoration project'') under the
            program (including the size and quality of the wetland);
                (2) such information as is necessary to establish a nexus
            between--
                        (A) a project carried out under title 23, United
                    States Code (or a similar project as determined by the
                    Secretary); and
                        (B) the wetland values and functions proposed to be
                    restored by the wetland restoration project;
                (3) a description of the benefits expected from the
            proposed wetland restoration project (including improvement of
            water quality, improvement of wildlife habitat, ground water
            recharge, and flood control);
                (4) a description of the State's level of commitment to the
            proposed wetland restoration project (including the monetary
            commitment of the State and any development of a State or
            regional conservation plan that includes the proposed wetland
            restoration); and
                (5) the estimated total cost of the wetland restoration
            project.
        (d) Selection of Wetland Restoration Projects.--
                (1) Interagency council.--In consultation with the
            Secretary of the Army, the Secretary of the Interior, the
            Secretary of Agriculture, and the Administrator of the
            Environmental Protection Agency, the Secretary shall establish
            an interagency advisory council to--
                        (A) review the submitted applications that meet the
                    requirements of subsection (c); and
                        (B) not later than 60 days after the application
                    deadline, select wetland restoration projects for
                    funding under the program.
                (2) Selection criteria for priority wetland restoration
            projects.--In consultation with the Secretary of the Army, the
            Secretary of the Interior, the Secretary of Agriculture, and
            the Administrator of the Environmental Protection Agency, the
            Secretary shall give priority in funding under this section to
            wetland restoration projects that--
                        (A) provide for long-term monitoring and
                    maintenance of wetland resources;
                        (B) are managed by an entity, such as a State
                    wildlife agency, wetland conservation group, land
                    trust, or nature conservancy, with expertise in the
                    long-term monitoring and protection of wetland
                    resources; and
                        (C) have a high likelihood of success.
        (e) Reports.--Not later than April 1, 2000, and April 1, 2003, the
    Secretary shall submit a report to Congress on the results of the
    program.
        (f) Authorization of Contract Authority.--
                (1) In general.--There shall be available from the Highway
            Trust Fund (other than the Mass Transit Account) to carry out
            this section $12,000,000 for fiscal year 1998, $13,000,000 for
            fiscal year 1999, $14,000,000 for fiscal year 2000, $17,000,000
            for fiscal year 2001, $20,000,000 for fiscal year 2002, and
            $24,000,000 for fiscal year 2003.
                (2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1 of title 23,
            United States Code.

                              Subtitle F--Planning

    SEC. 1601. METROPOLITAN PLANNING.

        (a) In General.--Section 134 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 134. Metropolitan planning
        ``(a) General Requirements.--
                ``(1) Findings.--Congress finds that it is in the national
            interest to encourage and promote the safe and efficient
            management, operation, and development of surface
            transportation systems that will serve the mobility needs of
            people and freight within and through urbanized areas, while
            minimizing transportation-related fuel consumption and air
            pollution.
                ``(2) Development of plans and programs.--To accomplish the
            objective stated in paragraph (1), metropolitan planning
            organizations designated under subsection (b), in cooperation
            with the State and public transit operators, shall develop
            transportation plans and programs for urbanized areas of the
            State.
                ``(3) Contents.--The plans and programs for each
            metropolitan area shall provide for the development and
            integrated management and operation of transportation systems
            and facilities (including pedestrian walkways and bicycle
            transportation facilities) that will function as an intermodal
            transportation system for the metropolitan area and as an
            integral part of an intermodal transportation system for the
            State and the United States.
                ``(4) Process.--The process for developing the plans and
            programs shall provide for consideration of all modes of
            transportation and shall be continuing, cooperative, and
            comprehensive to the degree appropriate, based on the
            complexity of the transportation problems to be addressed.
        ``(b) Designation of Metropolitan Planning Organizations.--
                ``(1) In general.--To carry out the transportation planning
            process required by this section, a metropolitan planning
            organization shall be designated for each urbanized area with a
            population of more than 50,000 individuals--
                        ``(A) by agreement between the Governor and units
                    of general purpose local government that together
                    represent at least 75 percent of the affected
                    population (including the central city or cities as
                    defined by the Bureau of the Census); or
                        ``(B) in accordance with procedures established by
                    applicable State or local law.
                ``(2) Redesignation.--
                        ``(A) Procedures.--A metropolitan planning
                    organization may be redesignated by agreement between
                    the Governor and units of general purpose local
                    government that together represent at least 75 percent
                    of the affected population (including the central city
                    or cities as defined by the Bureau of the Census) as
                    appropriate to carry out this section.
                        ``(B) Certain requests to redesignate.--A
                    metropolitan planning organization shall be
                    redesignated upon request of a unit or units of general
                    purpose local government representing at least 25
                    percent of the affected population (including the
                    central city or cities as defined by the Bureau of the
                    Census) in any urbanized area--
                                ``(i) whose population is more than
                            5,000,000 but less than 10,000,000, or
                                ``(ii) which is an extreme nonattainment
                            area for ozone or carbon monoxide as defined
                            under the Clean Air Act.
                    Such redesignation shall be accomplished using
                    procedures established by subparagraph (A).
                ``(3) Designation of more than 1 metropolitan planning
            organization.--More than 1 metropolitan planning organization
            may be designated within an existing metropolitan planning area
            only if the Governor and the existing metropolitan planning
            organization determine that the size and complexity of the
            existing metropolitan planning area make designation of more
            than 1 metropolitan planning organization for the area
            appropriate.
                ``(4) Structure.--Each policy board of a metropolitan
            planning organization that serves an area designated as a
            transportation management area, when designated or redesignated
            under this subsection, shall consist of--
                        ``(A) local elected officials;
                        ``(B) officials of public agencies that administer
                    or operate major modes of transportation in the
                    metropolitan area (including all transportation
                    agencies included in the metropolitan planning
                    organization as of June 1, 1991); and
                        ``(C) appropriate State officials.
                ``(5) Other authority.--Nothing in this subsection
            interferes with the authority, under any State law in effect on
            December 18, 1991, of a public agency with multimodal
            transportation responsibilities to--
                        ``(A) develop plans and programs for adoption by a
                    metropolitan planning organization; or
                        ``(B) develop long-range capital plans, coordinate
                    transit services and projects, and carry out other
                    activities under State law.
                ``(6) Continuing designation.--A designation of a
            metropolitan planning organization under this subsection or any
            other provision of law shall remain in effect until the
            metropolitan planning organization is redesignated under
            paragraph (2).
        ``(c) Metropolitan Planning Area Boundaries.--
                ``(1) In general.--For the purposes of this section, the
            boundaries of a metropolitan planning area shall be determined
            by agreement between the metropolitan planning organization and
            the Governor.
                ``(2) Included area.--Each metropolitan planning area--
                        ``(A) shall encompass at least the existing
                    urbanized area and the contiguous area expected to
                    become urbanized within a 20-year forecast period; and
                        ``(B) may encompass the entire metropolitan
                    statistical area or consolidated metropolitan
                    statistical area, as defined by the Bureau of the
                    Census.
                ``(3) Existing metropolitan planning areas in
            nonattainment.--Notwithstanding paragraph (2), in the case of
            an area designated as a nonattainment area for ozone or carbon
            monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the
            boundaries of the metropolitan planning area in existence as of
            the date of enactment of the Intermodal Surface Transportation
            Efficiency Act of 1998, shall be retained, except that the
            boundaries may be adjusted by agreement of the affected
            metropolitan planning organizations and Governors in the manner
            described in subsection (b)(2).
                ``(4) New metropolitan planning areas in nonattainment.--In
            the case of an urbanized area designated after the date of
            enactment of the Intermodal Surface Transportation Efficiency
            Act of 1998 as a nonattainment area for ozone or carbon
            monoxide, the boundaries of the metropolitan planning area--
                        ``(A) shall be established by agreement between the
                    appropriate units of general purpose local government
                    (including the central city) and the Governor;
                        ``(B) shall encompass at least the urbanized area
                    and the contiguous area expected to become urbanized
                    within a 20-year forecast period;
                        ``(C) may encompass the entire metropolitan
                    statistical area or consolidated metropolitan
                    statistical area, as defined by the Bureau of the
                    Census; and
                        ``(D) may address any nonattainment area identified
                    under the Clean Air Act (42 U.S.C. 7401 et seq.) for
                    ozone or carbon monoxide.
        ``(d) Coordination in Multistate Areas.--
                ``(1) In general.--The Secretary shall encourage each
            Governor with responsibility for a portion of a multistate
            metropolitan area and the appropriate metropolitan planning
            organizations to provide coordinated transportation planning
            for the entire metropolitan area.
                ``(2) Interstate compacts.--The consent of Congress is
            granted to any 2 or more States--
                        ``(A) to enter into agreements or compacts, not in
                    conflict with any law of the United States, for
                    cooperative efforts and mutual assistance in support of
                    activities authorized under this section as the
                    activities pertain to interstate areas and localities
                    within the States; and
                        ``(B) to establish such agencies, joint or
                    otherwise, as the States may determine desirable for
                    making the agreements and compacts effective.
                ``(3) Lake tahoe region.--
                        ``(A) In general.--The Secretary shall--
                                ``(i) establish with the Federal land
                            management agencies that have jurisdiction over
                            land in the Lake Tahoe region (as defined in
                            the Lake Tahoe Regional Planning Compact) a
                            transportation planning process for the region;
                            and
                                ``(ii) coordinate the transportation
                            planning process with the planning process
                            required of State and local governments under
                            this section, section 135, and chapter 53 of
                            title 49.
                        ``(B) Interstate compact.--
                                ``(i) In general.--Subject to clause (ii),
                            notwithstanding subsection (b), to carry out
                            the transportation planning process required by
                            this section, the consent of Congress is
                            granted to the States of California and Nevada
                            to designate a metropolitan planning
                            organization for the Lake Tahoe region, by
                            agreement between the Governors of the States
                            of California and Nevada and units of general
                            purpose local government that together
                            represent at least 75 percent of the affected
                            population (including the central city or
                            cities (as defined by the Bureau of the
                            Census)), or in accordance with procedures
                            established by applicable State or local law.
                                ``(ii) Involvement of federal land
                            management agencies.--
                                        ``(I) Representation.--The policy
                                    board of a metropolitan planning
                                    organization designated under
                                    subparagraph (A) shall include a
                                    representative of each Federal land
                                    management agency that has jurisdiction
                                    over land in the Lake Tahoe region.
                                        ``(II) Funding.--In addition to
                                    funds made available to the
                                    metropolitan planning organization
                                    under other provisions of this title
                                    and under chapter 53 of title 49, not
                                    more than 1 percent of the funds
                                    allocated under section 202 may be used
                                    to carry out the transportation
                                    planning process for the Lake Tahoe
                                    region under this subparagraph.
                        ``(C) Activities.--
                                ``(i) Highway projects.--Highway projects
                            included in transportation plans developed
                            under this paragraph--
                                        ``(I) shall be selected for funding
                                    in a manner that facilitates the
                                    participation of the Federal land
                                    management agencies that have
                                    jurisdiction over land in the Lake
                                    Tahoe region; and
                                        ``(II) may, in accordance with
                                    chapter 2, be funded using funds
                                    allocated under section 202.
                                ``(ii) Transit projects.--Transit projects
                            included in transportation plans developed
                            under this paragraph may, in accordance with
                            chapter 53 of title 49, be funded using amounts
                            apportioned under that title for--
                                        ``(I) capital project funding, in
                                    order to accelerate completion of the
                                    transit projects; and
                                        ``(II) operating assistance, in
                                    order to pay the operating costs of the
                                    transit projects, including operating
                                    costs associated with unique
                                    circumstances in the Lake Tahoe region,
                                    such as seasonal fluctuations in
                                    passenger loadings, adverse weather
                                    conditions, and increasing intermodal
                                    needs.
        ``(e) Coordination of Metropolitan Planning Organizations.--If more
    than 1 metropolitan planning organization has authority within a
    metropolitan planning area or an area that is designated as a
    nonattainment area for ozone or carbon monoxide under the Clean Air Act
    (42 U.S.C. 7401 et seq.), each such metropolitan planning organization
    shall consult with the other metropolitan planning organizations
    designated for the area and the State in the development of plans and
    programs required by this section.
        ``(f) Scope of Planning Process.--The metropolitan transportation
    planning process for a metropolitan area under this section shall
    consider the following:
                ``(1) Supporting the economic vitality of the metropolitan
            area, especially by enabling global competitiveness,
            productivity, and efficiency.
                ``(2) Increasing the safety and security of the
            transportation system for motorized and nonmotorized users.
                ``(3) Increasing the accessibility and mobility options
            available to people and for freight.
                ``(4) Protecting and enhancing the environment, promoting
            energy conservation, and improving quality of life through land
            use planning.
                ``(5) Enhancing the integration and connectivity of the
            transportation system, across and between modes, for people and
            freight.
                ``(6) Promoting efficient system management and operation.
                ``(7) Emphasizing the preservation of the existing
            transportation system.
        ``(g) Development of Long-Range Transportation Plan.--
                ``(1) In general.--
                        ``(A) Development.--In accordance with this
                    subsection, each metropolitan planning organization
                    shall develop, and update periodically, according to a
                    schedule that the Secretary determines to be
                    appropriate, a long-range transportation plan for its
                    metropolitan area.
                        ``(B) Forecast period.--In developing long-range
                    transportation plans, the metropolitan planning process
                    shall address--
                                ``(i) the considerations under subsection
                            (f); and
                                ``(ii) any State or local goals developed
                            within the cooperative metropolitan planning
                            process;
                    as they relate to a 20-year forecast period and to
                    other forecast periods as determined by the
                    participants in the planning process.
                        ``(C) Funding estimates.--For the purpose of
                    developing the long-range transportation plan, the
                    State shall consult with the metropolitan planning
                    organization and each public transit agency in
                    developing estimates of funds that are reasonably
                    expected to be available to support plan
                    implementation.
                ``(2) Long-range transportation plan.--A long-range
            transportation plan under this subsection shall, at a minimum,
            contain--
                        ``(A) an identification of transportation
                    facilities (including major roadways and transit,
                    multimodal, and intermodal facilities) that should
                    function as a future integrated transportation system,
                    giving emphasis to those facilities that serve
                    important national, regional, and metropolitan
                    transportation functions;
                        ``(B) an identification of transportation
                    strategies necessary to--
                                ``(i) ensure preservation, including
                            requirements for management, operation,
                            modernization, and rehabilitation, of the
                            existing and future transportation system; and
                                ``(ii) make the most efficient use of
                            existing transportation facilities to relieve
                            congestion, to efficiently serve the mobility
                            needs of people and goods, and to enhance
                            access within the metropolitan planning area;
                            and
                        ``(C) a financial plan that demonstrates how the
                    long-range transportation plan can be implemented,
                    indicates total resources from public and private
                    sources that are reasonably expected to be available to
                    carry out the plan (without any requirement for
                    indicating project-specific funding sources), and
                    recommends any additional financing strategies for
                    needed projects and programs.
                ``(3) Coordination with clean air act agencies.--In
            metropolitan areas that are in nonattainment for ozone or
            carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
            seq.), the metropolitan planning organization shall coordinate
            the development of a long-range transportation plan with the
            process for development of the transportation control measures
            of the State implementation plan required by that Act.
                ``(4) Participation by interested parties.--Before adopting
            a long-range transportation plan, each metropolitan planning
            organization shall provide citizens, affected public agencies,
            representatives of transportation agency employees, freight
            shippers, private providers of transportation, and other
            interested parties with a reasonable opportunity to comment on
            the long-range transportation plan.
                ``(5) Publication of long-range transportation plan.--Each
            long-range transportation plan prepared by a metropolitan
            planning organization shall be--
                        ``(A) published or otherwise made readily available
                    for public review; and
                        ``(B) submitted for information purposes to the
                    Governor at such times and in such manner as the
                    Secretary shall establish.
        ``(h) Metropolitan Transportation Improvement Program.--
                ``(1) Development.--
                        ``(A) In general.--In cooperation with the State
                    and any affected public transit operator, the
                    metropolitan planning organization designated for a
                    metropolitan area shall develop a transportation
                    improvement program for the area for which the
                    organization is designated.
                        ``(B) Opportunity for comment.--In developing the
                    program, the metropolitan planning organization, in
                    cooperation with the State and any affected public
                    transit operator, shall provide citizens, affected
                    public agencies, representatives of transportation
                    agency employees, other affected employee
                    representatives, freight shippers, private providers of
                    transportation, and other interested parties with a
                    reasonable opportunity to comment on the proposed
                    program.
                        ``(C) Funding estimates.--For the purpose of
                    developing the transportation improvement program, the
                    metropolitan planning organization, public transit
                    agency, and State shall cooperatively develop estimates
                    of funds that are reasonably expected to be available
                    to support program implementation.
                        ``(D) Updating and approval.--The program shall be
                    updated at least once every 2 years and shall be
                    approved by the metropolitan planning organization and
                    the Governor.
                ``(2) Contents.--The transportation improvement program
            shall include--
                        ``(A) a list, in order of priority, of proposed
                    federally supported projects and strategies to be
                    carried out within each 3-year-period after the initial
                    adoption of the transportation improvement program; and
                        ``(B) a financial plan that--
                                ``(i) demonstrates how the transportation
                            improvement program can be implemented;
                                ``(ii) indicates resources from public and
                            private sources that are reasonably expected to
                            be available to carry out the program (without
                            any requirement for indicating project-specific
                            funding sources); and
                                ``(iii) identifies innovative financing
                            techniques to finance projects, programs, and
                            strategies (without any requirement for
                            indicating project-specific funding sources).
                ``(3) Included projects.--
                        ``(A) Chapter 1 and chapter 53 projects.--A
                    transportation improvement program developed under this
                    subsection for a metropolitan area shall include the
                    projects and strategies within the area that are
                    proposed for funding under chapter 1 of this title and
                    chapter 53 of title 49.
                        ``(B) Chapter 2 projects.--
                                ``(i) Regionally significant projects.--
                            Regionally significant projects proposed for
                            funding under chapter 2 of this title shall be
                            identified individually in the transportation
                            improvement program.
                                ``(ii) Other projects.--Projects proposed
                            for funding under chapter 2 of this title that
                            are not determined to be regionally significant
                            shall be grouped in 1 line item or identified
                            individually in the transportation improvement
                            program.
                        ``(C) Consistency with long-range transportation
                    plan.--Each project shall be consistent with the long-
                    range transportation plan developed under subsection
                    (g) for the area.
                        ``(D) Requirement of anticipated full funding.--The
                    program shall include a project, or an identified phase
                    of a project, only if full funding can reasonably be
                    anticipated to be available for the project within the
                    time period contemplated for completion of the project.
                ``(4) Notice and comment.--Before approving a
            transportation improvement program, a metropolitan planning
            organization shall, in cooperation with the State and any
            affected public transit operator, provide citizens, affected
            public agencies, representatives of transportation agency
            employees, private providers of transportation, and other
            interested parties with reasonable notice of and an opportunity
            to comment on the proposed program.
                ``(5) Selection of projects.--
                        ``(A) In general.--Except as otherwise provided in
                    subsection (i)(4) and in addition to the transportation
                    improvement program development required under
                    paragraph (1), the selection of federally funded
                    projects for implementation in metropolitan areas shall
                    be carried out, from the approved transportation
                    improvement program--
                                ``(i) by--
                                        ``(I) in the case of projects under
                                    chapter 1, the State; and
                                        ``(II) in the case of projects
                                    under chapter 53 of title 49, the
                                    designated transit funding recipients;
                                    and
                                ``(ii) in cooperation with the metropolitan
                            planning organization.
                        ``(B) Modifications to project priority.--
                    Notwithstanding any other provision of law, action by
                    the Secretary shall not be required to advance a
                    project included in the approved transportation
                    improvement program in place of another project of
                    higher priority in the program.
        ``(i) Transportation Management Areas.--
                ``(1) Designation.--
                        ``(A) Required designations.--The Secretary shall
                    designate as a transportation management area each
                    urbanized area with a population of over 200,000
                    individuals.
                        ``(B) Designations on request.--The Secretary shall
                    designate any additional area as a transportation
                    management area on the request of the Governor and the
                    metropolitan planning organization designated for the
                    area.
                ``(2) Transportation plans and programs.--Within a
            transportation management area, transportation plans and
            programs shall be based on a continuing and comprehensive
            transportation planning process carried out by the metropolitan
            planning organization in cooperation with the State and any
            affected public transit operator.
                ``(3) Congestion management system.--Within a
            transportation management area, the transportation planning
            process under this section shall include a congestion
            management system that provides for effective management of new
            and existing transportation facilities eligible for funding
            under this title and chapter 53 of title 49 through the use of
            travel demand reduction and operational management strategies.
                ``(4) Selection of projects.--
                        ``(A) In general.--In addition to the
                    transportation improvement program development required
                    under subsection (h)(1), all federally funded projects
                    carried out within the boundaries of a transportation
                    management area under this title (excluding projects
                    carried out on the National Highway System) or under
                    chapter 53 of title 49 shall be selected for
                    implementation from the approved transportation
                    improvement program by the metropolitan planning
                    organization designated for the area in consultation
                    with the State and any affected public transit
                    operator.
                        ``(B) National highway system projects.--Projects
                    carried out within the boundaries of a transportation
                    management area on the National Highway System shall be
                    selected for implementation from the approved
                    transportation improvement program by the State in
                    cooperation with the metropolitan planning organization
                    designated for the area.
                ``(5) Certification.--
                        ``(A) In general.--The Secretary shall--
                                ``(i) ensure that the metropolitan planning
                            process in each transportation management area
                            is being carried out in accordance with
                            applicable provisions of Federal law; and
                                ``(ii) subject to subparagraph (B),
                            certify, not less often than once every 3
                            years, that the requirements of this paragraph
                            are met with respect to the transportation
                            management area.
                        ``(B) Requirements for certification.--The
                    Secretary may make the certification under subparagraph
                    (A) if--
                                ``(i) the transportation planning process
                            complies with the requirements of this section
                            and other applicable requirements of Federal
                            law;
                                ``(ii) there is a transportation
                            improvement program for the area that has been
                            approved by the metropolitan planning
                            organization and the Governor;
                                ``(iii) the public has been given adequate
                            opportunity during the certification process to
                            comment on--
                                        ``(I) the public participation
                                    process conducted by the metropolitan
                                    planning organization; and
                                        ``(II) the extent to which the
                                    transportation improvement program for
                                    the metropolitan area takes into
                                    account the needs of the entire
                                    metropolitan area, including the needs
                                    of low and moderate income residents,
                                    and the requirement of title VI of the
                                    Civil Rights Act; and
                                ``(iv) public comments are--
                                        ``(I) included in the documentation
                                    supporting the metropolitan planning
                                    organization's request for
                                    certification; and
                                        ``(II) made publicly available.
                        ``(C) Effect of failure to certify.--
                                ``(i) Withholding of funds.--If a
                            metropolitan planning process is not certified,
                            the Secretary may withhold up to 20 percent of
                            the apportioned funds attributable to the
                            transportation management area under this title
                            and chapter 53 of title 49.
                                ``(ii) Restoration of withheld funds.--The
                            withheld apportionments shall be restored to
                            the metropolitan area at such time as the
                            metropolitan planning organization is certified
                            by the Secretary.
                                ``(iii) Feasibility of private enterprise
                            participation.--The Secretary shall not
                            withhold certification under this paragraph
                            based on the policies and criteria established
                            by a metropolitan planning organization or
                            transit grant recipient for determining the
                            feasibility of private enterprise participation
                            in accordance with section 5306(a) of title 49.
        ``(j) Abbreviated Plans and Programs for Certain Areas.--
                ``(1) In general.--Subject to paragraph (2), in the case of
            a metropolitan area not designated as a transportation
            management area under this section, the Secretary may provide
            for the development of an abbreviated metropolitan
            transportation plan and program that the Secretary determines
            is appropriate to achieve the purposes of this section, taking
            into account the complexity of transportation problems in the
            area.
                ``(2) Nonattainment areas.--The Secretary may not permit
            abbreviated plans or programs for a metropolitan area that is
            in nonattainment for ozone or carbon monoxide under the Clean
            Air Act (42 U.S.C. 7401 et seq.).
        ``(k) Additional Requirements for Certain Nonattainment Areas.--
                ``(1) In general.--Notwithstanding any other provision of
            this title or chapter 53 of title 49, in the case of a
            transportation management area classified as nonattainment for
            ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
            7401 et seq.), Federal funds may not be programmed in the area
            for any highway project that will result in a significant
            increase in carrying capacity for single occupant vehicles
            unless the project results from an approved congestion
            management system.
                ``(2) Applicability.--This subsection applies to a
            nonattainment area within the metropolitan planning area
            boundaries determined under subsection (c).
        ``(l) Limitation.--Nothing in this section confers on a
    metropolitan planning organization the authority to impose any legal
    requirement on any transportation facility, provider, or project not
    eligible for assistance under this title or chapter 53 of title 49.
        ``(m) Funding.--
                ``(1) In general.--Funds set aside under section 104(f) of
            this title and section 5303 of title 49 shall be available to
            carry out this section.
                ``(2) Unused funds.--Any funds that are not used to carry
            out this section may be made available by the metropolitan
            planning organization to the State to fund activities under
            section 135.''.
        (b) Technical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by striking the item relating to section
    134 and inserting the following:

    ``134. Metropolitan planning.''.

    SEC. 1602. STATEWIDE PLANNING.

        (a) In General.--Section 135 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 135. Statewide planning
        ``(a) General Requirements.--
                ``(1) Findings.--It is in the national interest to
            encourage and promote the safe and efficient management,
            operation, and development of surface transportation systems
            that will serve the mobility needs of people and freight
            throughout each State.
                ``(2) Development of plans and programs.--Subject to
            section 134 of this title and sections 5303 through 5305 of
            title 49, each State shall develop transportation plans and
            programs for all areas of the State.
                ``(3) Contents.--The plans and programs for each State
            shall provide for the development and integrated management and
            operation of transportation systems (including pedestrian
            walkways and bicycle transportation facilities) that will
            function as an intermodal State transportation system and an
            integral part of the intermodal transportation system of the
            United States.
                ``(4) Process of development.--The process for developing
            the plans and programs shall provide for consideration of all
            modes of transportation and shall be continuing, cooperative,
            and comprehensive to the degree appropriate, based on the
            complexity of the transportation problems to be addressed.
        ``(b) Scope of Planning Process.--Each State shall carry out a
    transportation planning process that shall consider the following:
                ``(1) Supporting the economic vitality of the United
            States, the States, and metropolitan areas, especially by
            enabling global competitiveness, productivity, and efficiency.
                ``(2) Increasing the safety and security of the
            transportation system for motorized and nonmotorized users.
                ``(3) Increasing the accessibility and mobility options
            available to people and for freight.
                ``(4) Protecting and enhancing the environment, promoting
            energy conservation, and improving quality of life through land
            use planning.
                ``(5) Enhancing the integration and connectivity of the
            transportation system, across and between modes throughout the
            State, for people and freight.
                ``(6) Promoting efficient system management and operation.
                ``(7) Emphasizing the preservation of the existing
            transportation system.
        ``(c) Coordination With Metropolitan Planning; State Implementation
    Plan.--In carrying out planning under this section, a State shall--
                ``(1) coordinate the planning with the transportation
            planning activities carried out under section 134 for
            metropolitan areas of the State; and
                ``(2) carry out the responsibilities of the State for the
            development of the transportation portion of the State air
            quality implementation plan to the extent required by the Clean
            Air Act (42 U.S.C. 7401 et seq.).
        ``(d) Additional Requirements.--In carrying out planning under this
    section, each State shall, at a minimum, consider--
                ``(1) with respect to nonmetropolitan areas, the concerns
            of local elected officials representing units of general
            purpose local government;
                ``(2) the concerns of Indian tribal governments and Federal
            land management agencies that have jurisdiction over land
            within the boundaries of the State; and
                ``(3) coordination of transportation plans, programs, and
            planning activities with related planning activities being
            carried out outside of metropolitan planning areas.
        ``(e) Long-Range Transportation Plan.--
                ``(1) Development.--Each State shall develop a long-range
            transportation plan, with a minimum 20-year forecast period,
            for all areas of the State, that provides for the development
            and implementation of the intermodal transportation system of
            the State.
                ``(2) Consultation with governments.--
                        ``(A) Metropolitan areas.--With respect to each
                    metropolitan area in the State, the plan shall be
                    developed in cooperation with the metropolitan planning
                    organization designated for the metropolitan area under
                    section 134 of this title and section 5305 of title 49.
                        ``(B) Nonmetropolitan areas.--With respect to each
                    nonmetropolitan area, the plan shall be developed in
                    consultation with local elected officials representing
                    units of general purpose local government.
                        ``(C) Indian tribal areas.--With respect to each
                    area of the State under the jurisdiction of an Indian
                    tribal government, the plan shall be developed in
                    consultation with the tribal government and the
                    Secretary of the Interior.
                ``(3) Participation by interested parties.--In developing
            the plan, the State shall--
                        ``(A) provide citizens, affected public agencies,
                    representatives of transportation agency employees,
                    other affected employee representatives, freight
                    shippers, private providers of transportation, and
                    other interested parties with a reasonable opportunity
                    to comment on the proposed plan; and
                        ``(B) identify transportation strategies necessary
                    to efficiently serve the mobility needs of people.
        ``(f) State Transportation Improvement Program.--
                ``(1) Development.--
                        ``(A) In general.--The State shall develop a
                    transportation improvement program for all areas of the
                    State.
                        ``(B) Consultation with governments.--
                                ``(i) Metropolitan areas.--With respect to
                            each metropolitan area in the State, the
                            program shall be developed in cooperation with
                            the metropolitan planning organization
                            designated for the metropolitan area under
                            section 134 of this title and section 5305 of
                            title 49.
                                ``(ii) Nonmetropolitan areas.--
                                        ``(I) In general.--With respect to
                                    each nonmetropolitan area in the State,
                                    the program shall be developed in
                                    cooperation with the State, elected
                                    officials of affected local
                                    governments, and elected officials of
                                    subdivisions of affected local
                                    governments that have jurisdiction over
                                    transportation planning, through a
                                    process developed by the State that
                                    ensures participation by the elected
                                    officials.
                                        ``(II) Review.--Not less than once
                                    every 2 years, the Secretary shall
                                    review the planning process through
                                    which the program was developed under
                                    subclause (I).
                                        ``(III) Approval.--The Secretary
                                    shall approve the planning process if
                                    the Secretary finds that the planning
                                    process is consistent with this section
                                    and section 134.
                                ``(iii) Indian tribal areas.--With respect
                            to each area of the State under the
                            jurisdiction of an Indian tribal government,
                            the program shall be developed in consultation
                            with the tribal government and the Secretary of
                            the Interior.
                        ``(C) Participation by interested parties.--In
                    developing the program, the Governor shall provide
                    citizens, affected public agencies, representatives of
                    transportation agency employees, other affected
                    employee representatives, freight shippers, private
                    providers of transportation, and other interested
                    parties with a reasonable opportunity to comment on the
                    proposed program.
                ``(2) Included projects.--
                        ``(A) In general.--A transportation improvement
                    program developed under this subsection for a State
                    shall include federally supported surface
                    transportation expenditures within the boundaries of
                    the State.
                        ``(B) Chapter 2 projects.--
                                ``(i) Regionally significant projects.--
                            Regionally significant projects proposed for
                            funding under chapter 2 shall be identified
                            individually.
                                ``(ii) Other projects.--Projects proposed
                            for funding under chapter 2 that are not
                            determined to be regionally significant shall
                            be grouped in 1 line item or identified
                            individually.
                        ``(C) Consistency with long-range transportation
                    plan.--Each project shall--
                                ``(i) be consistent with the long-range
                            transportation plan developed under this
                            section for the State;
                                ``(ii) be identical to the project as
                            described in an approved metropolitan
                            transportation improvement program; and
                                ``(iii) be in conformance with the
                            applicable State air quality implementation
                            plan developed under the Clean Air Act (42
                            U.S.C. 7401 et seq.), if the project is carried
                            out in an area designated as nonattainment for
                            ozone or carbon monoxide under that Act.
                        ``(D) Requirement of anticipated full funding.--
                                ``(i) In general.--The program shall
                            include a project, or an identified phase of a
                            project, only if full funding can reasonably be
                            anticipated to be available for the project
                            within the time period contemplated for
                            completion of the project.
                                ``(ii) Limitation.--Clause (i) does not
                            require the indication of project-specific
                            funding sources.
                        ``(E) Priorities.--The program shall reflect the
                    priorities for programming and expenditures of funds,
                    including transportation enhancements, required by this
                    title.
                ``(3) Project selection for areas of less than 50,000
            population.--
                        ``(A) In general.--Projects carried out in areas
                    with populations of less than 50,000 individuals
                    (excluding projects carried out on the National Highway
                    System) shall be selected, from the approved statewide
                    transportation improvement program, by the State in
                    cooperation with the affected local officials.
                        ``(B) National highway system projects.--Projects
                    carried out in areas described in subparagraph (A) on
                    the National Highway System shall be selected, from the
                    approved statewide transportation improvement program,
                    by the State in consultation with the affected local
                    officials.
                ``(4) Biennial review and approval.--A transportation
            improvement program developed under this subsection shall be
            reviewed and, on a finding that the planning process through
            which the program was developed is consistent with this section
            and section 134, approved not less frequently than biennially
            by the Secretary.
                ``(5) Modifications to project priority.--Notwithstanding
            any other provision of law, action by the Secretary shall not
            be required to advance a project included in the approved
            statewide transportation improvement program in place of
            another project of higher priority in the program.
        ``(g) Funding.--Funds set aside under section 505 of this title and
    section 5313(b) of title 49 shall be available to carry out this
    section.
        ``(h) Continuation of Current Review Practice.--Since plans and
    programs described in this section or section 134 are subject to a
    reasonable opportunity for public comment, since individual projects
    included in the plans and programs are subject to review under the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
    since decisions by the Secretary concerning plans and programs
    described in this section have not been reviewed under that Act as of
    January 1, 1997, any decision by the Secretary concerning a plan or
    program described in this section or section 134 shall not be
    considered to be a Federal action subject to review under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
        (b) Redundant Metropolitan Transportation Planning Requirements.--
                (1) Finding.--Congress finds that certain major investment
            study requirements under section 450.318 of title 23, Code of
            Federal Regulations, are redundant to the planning and project
            development processes required under other provisions in titles
            23 and 49, United States Code.
                (2) Streamlining.--
                        (A) In general.--The Secretary shall streamline the
                    Federal transportation planning and NEPA decision
                    process requirements for all transportation
                    improvements supported with Federal surface
                    transportation funds or requiring Federal approvals,
                    with the objective of reducing the number of documents
                    required and better integrating required analyses and
                    findings wherever possible.
                        (B) Requirements.--The Secretary shall amend
                    regulations as appropriate and develop procedures to--
                                (i) eliminate, within six months of the
                            date of enactment of this section, the major
                            investment study under section 450.318 of title
                            23, Code of Federal Regulations, as a stand-
                            alone requirement independent of other
                            transportation planning requirements, and
                            integrate those components of the major
                            investment study procedure which are not
                            duplicated elsewhere with other transportation
                            planning requirements, provided that in
                            integrating such requirements, the Secretary
                            shall not apply such requirements to any
                            project which previously would not have been
                            subject to section 450.318 of title 23, Code of
                            Federal Regulations;
                                (ii) eliminate stand-alone report
                            requirements wherever possible;
                                (iii) prevent duplication by drawing on the
                            products of the planning process in the
                            completion of all environmental and other
                            project development analyses;
                                (iv) reduce project development time by
                            achieving to the maximum extent practicable a
                            single public interest decision process for
                            Federal environmental analyses and clearances;
                            and
                                (v) expedite and support all phases of
                            decisionmaking by encouraging and facilitating
                            the early involvement of metropolitan planning
                            organizations, State departments of
                            transportation, transit operators, and Federal
                            and State environmental resource and permit
                            agencies throughout the decisionmaking process.
                (3) Savings clause.--Nothing in this subsection shall
            affect the responsibility of the Secretary to conform review
            requirements for transit projects under the National
            Environmental Policy Act of 1969 to comparable requirements
            under such Act applicable to highway projects.

    SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

        (a) Establishment.--The Secretary shall establish an advanced
    travel forecasting procedures program--
                (1) to provide for completion of the advanced
            transportation model developed under the Transportation
            Analysis Simulation System (referred to in this section as
            ``TRANSIMS''); and
                (2) to provide support for early deployment of the advanced
            transportation modeling computer software and graphics package
            developed under TRANSIMS and the program established under this
            section to States, local governments, and metropolitan planning
            organizations with responsibility for travel modeling.
        (b) Eligible Activities.--The Secretary shall use funds made
    available under this section to--
                (1) provide funding for completion of core development of
            the advanced transportation model;
                (2) develop user-friendly advanced transportation modeling
            computer software and graphics packages;
                (3) provide training and technical assistance with respect
            to the implementation and application of the advanced
            transportation model to States, local governments, and
            metropolitan planning organizations with responsibility for
            travel modeling; and
                (4) allocate funds to not more than 12 entities described
            in paragraph (3), representing a diversity of populations and
            geographic regions, for a pilot program to enable
            transportation management areas designated under section 134(i)
            of title 23, United States Code, to convert from the use of
            travel forecasting procedures in use by the areas as of the
            date of enactment of this Act to the use of the advanced
            transportation model.
        (c) Authorization of Contract Authority.--
                (1) In general.--There shall be available from the Highway
            Trust Fund (other than the Mass Transit Account) to carry out
            this section $4,000,000 for fiscal year 1998, $3,000,000 for
            fiscal year 1999, $6,500,000 for fiscal year 2000, $5,000,000
            for fiscal year 2001, $4,000,000 for fiscal year 2002, and
            $2,500,000 for fiscal year 2003.
                (2) Allocation of funds.--
                        (A) Fiscal years 1998 and 1999.--For each of fiscal
                    years 1998 and 1999, 100 percent of the funds made
                    available under paragraph (1) shall be allocated to
                    activities in described in paragraphs (1), (2), and (3)
                    of subsection (b).
                        (B) Fiscal years 2000 through 2003.--For each of
                    fiscal years 2000 through 2003, not more than 50
                    percent of the funds made available under paragraph (1)
                    may be allocated to activities described in subsection
                    (b)(4).
                (3) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1 of title 23,
            United States Code, except that the Federal share of the cost
            of--
                        (A) any activity described in paragraph (1), (2),
                    or (3) of subsection (b) shall not exceed 100 percent;
                    and
                        (B) any activity described in subsection (b)(4)
                    shall not exceed 80 percent.

    SEC. 1604. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT
                  PROGRAM.

        (a) Establishment.--In cooperation with appropriate State,
    regional, and local governments, the Secretary shall establish a
    comprehensive initiative to investigate and address the relationships
    between transportation and community and system preservation.
        (b) Research.--
                (1) In general.--In cooperation with appropriate Federal
            agencies, State, regional, and local governments, and other
            entities eligible for assistance under subsection (d), the
            Secretary shall carry out a comprehensive research program to
            investigate the relationships between transportation, community
            preservation, and the environment.
                (2) Required elements.--The program shall provide for
            monitoring and analysis of projects carried out with funds made
            available to carry out subsections (c) and (d).
        (c) Planning.--
                (1) In general.--The Secretary shall allocate funds made
            available to carry out this subsection to States, metropolitan
            planning organizations, and local governments to plan, develop,
            and implement strategies to integrate transportation and
            community and system preservation plans and practices.
                (2) Purposes.--The purposes of the allocations shall be--
                        (A) to improve the efficiency of the transportation
                    system;
                        (B) to reduce the impacts of transportation on the
                    environment;
                        (C) to reduce the need for costly future
                    investments in public infrastructure; and
                        (D) to provide efficient access to jobs, services,
                    and centers of trade.
                (3) Criteria.--In allocating funds made available to carry
            out this subsection, the Secretary shall give priority to
            applicants that--
                        (A) propose projects for funding that address the
                    purposes described in paragraph (2);
                        (B) demonstrate a commitment to public involvement,
                    including involvement of nontraditional partners in the
                    project team; and
                        (C) demonstrate a commitment of non-Federal
                    resources to the proposed projects.
        (d) Allocation of Funds for Implementation.--
                (1) In general.--The Secretary shall allocate funds made
            available to carry out this subsection to States, metropolitan
            planning organizations, and local governments to carry out
            projects to address transportation efficiency and community and
            system preservation.
                (2) Criteria.--In allocating funds made available to carry
            out this subsection, the Secretary shall give priority to
            applicants that--
                        (A) have instituted preservation or development
                    plans and programs that--
                                (i) meet the requirements of title 23 and
                            chapter 53 of title 49, United States Code; and
                                (ii) are--
                                        (I) coordinated with adopted
                                    preservation or development plans; or
                                        (II) intended to promote cost-
                                    effective and strategic investments in
                                    transportation infrastructure that
                                    minimize adverse impacts on the
                                    environment;
                        (B) have instituted other policies to integrate
                    transportation and community and system preservation
                    practices, such as--
                                (i) spending policies that direct funds to
                            high-growth areas;
                                (ii) urban growth boundaries to guide
                            metropolitan expansion;
                                (iii) ``green corridors'' programs that
                            provide access to major highway corridors for
                            areas targeted for efficient and compact
                            development; or
                                (iv) other similar programs or policies as
                            determined by the Secretary;
                        (C) have preservation or development policies that
                    include a mechanism for reducing potential impacts of
                    transportation activities on the environment; and
                        (D) propose projects for funding that address the
                    purposes described in subsection (c)(2).
                (3) Equitable distribution.--In allocating funds to carry
            out this subsection, the Secretary shall ensure the equitable
            distribution of funds to a diversity of populations and
            geographic regions.
                (4) Use of allocated funds.--
                        (A) In general.--An allocation of funds made
                    available to carry out this subsection shall be used by
                    the recipient to implement the projects proposed in the
                    application to the Secretary.
                        (B) Types of projects.--The allocation of funds
                    shall be available for obligation for--
                                (i) any project eligible for funding under
                            title 23 or chapter 53 of title 49, United
                            States Code; or
                                (ii) any other activity relating to
                            transportation and community and system
                            preservation that the Secretary determines to
                            be appropriate, including corridor preservation
                            activities that are necessary to implement--
                                        (I) transit-oriented development
                                    plans;
                                        (II) traffic calming measures; or
                                        (III) other coordinated
                                    transportation and community and system
                                    preservation practices.
        (e) Authorization of Contract Authority.--
                (1) In general.--There shall be available from the Highway
            Trust Fund (other than the Mass Transit Account) to carry out
            this section $20,000,000 for each of fiscal years 1998 through
            2003.
                (2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1 of title 23,
            United States Code.

                       Subtitle G--Technical Corrections

    SEC. 1701. FEDERAL-AID SYSTEMS.

        (a) In General.--Section 103 of title 23, United States Code, is
    amended to read as follows:
    ``Sec. 103. Federal-aid systems
        ``(a) In General.--For the purposes of this title, the Federal-aid
    systems are the Interstate System and the National Highway System.
        ``(b) National Highway System.--
                ``(1) Description.--The National Highway System consists of
            an interconnected system of major routes and connectors that--
                        ``(A) serve major population centers, international
                    border crossings, ports, airports, public
                    transportation facilities, and other intermodal
                    transportation facilities and other major travel
                    destinations;
                        ``(B) meet national defense requirements; and
                        ``(C) serve interstate and interregional travel.
                ``(2) Components.--The National Highway System consists of
            the following:
                        ``(A) The Interstate System described in subsection
                    (c).
                        ``(B) Other urban and rural principal arterial
                    routes.
                        ``(C) Other connector highways (including toll
                    facilities) that provide motor vehicle access between
                    arterial routes on the National Highway System and a
                    major intermodal transportation facility.
                        ``(D) A strategic highway network consisting of a
                    network of highways that are important to the United
                    States strategic defense policy and that provide
                    defense access, continuity, and emergency capabilities
                    for the movement of personnel, materials, and equipment
                    in both peacetime and wartime. The highways may be
                    highways on or off the Interstate System and shall be
                    designated by the Secretary in consultation with
                    appropriate Federal agencies and the States.
                        ``(E) Major strategic highway network connectors
                    consisting of highways that provide motor vehicle
                    access between major military installations and
                    highways that are part of the strategic highway
                    network. The highways shall be designated by the
                    Secretary in consultation with appropriate Federal
                    agencies and the States.
                ``(3) Maximum mileage.--The mileage of highways on the
            National Highway System shall not exceed 178,250 miles.
                ``(4) Modifications to nhs.--
                        ``(A) In general.--The Secretary may make any
                    modification, including any modification consisting of
                    a connector to a major intermodal terminal, to the
                    National Highway System that is proposed by a State or
                    that is proposed by a State and revised by the
                    Secretary if the Secretary determines that the
                    modification--
                                ``(i) meets the criteria established for
                            the National Highway System under this title;
                            and
                                ``(ii) enhances the national transportation
                            characteristics of the National Highway System.
                        ``(B) Cooperation.--
                                ``(i) In general.--In proposing a
                            modification under this paragraph, a State
                            shall cooperate with local and regional
                            officials.
                                ``(ii) Urbanized areas.--In an urbanized
                            area, the local officials shall act through the
                            metropolitan planning organization designated
                            for the area under section 134.
        ``(c) Interstate System.--
                ``(1) Description.--
                        ``(A) In general.--The Dwight D. Eisenhower
                    National System of Interstate and Defense Highways
                    within the United States (including the District of
                    Columbia and Puerto Rico), consists of highways--
                                ``(i) designed--
                                        ``(I) in accordance with the
                                    standards of section 109(b); or
                                        ``(II) in the case of highways in
                                    Alaska and Puerto Rico, in accordance
                                    with such geometric and construction
                                    standards as are adequate for current
                                    and probable future traffic demands and
                                    the needs of the locality of the
                                    highway; and
                                ``(ii) located so as--
                                        ``(I) to connect by routes, as
                                    direct as practicable, the principal
                                    metropolitan areas, cities, and
                                    industrial centers;
                                        ``(II) to serve the national
                                    defense; and
                                        ``(III) to the maximum extent
                                    practicable, to connect at suitable
                                    border points with routes of
                                    continental importance in Canada and
                                    Mexico.
                        ``(B) Selection of routes.--To the maximum extent
                    practicable, each route of the Interstate System shall
                    be selected by joint action of the State transportation
                    departments of the State in which the route is located
                    and the adjoining States, in cooperation with local and
                    regional officials, and subject to the approval of the
                    Secretary.
                ``(2) Maximum mileage.--The mileage of highways on the
            Interstate System shall not exceed 43,000 miles, exclusive of
            designations under paragraph (4).
                ``(3) Modifications.--The Secretary may approve or require
            modifications to the Interstate System in a manner consistent
            with the policies and procedures established under this
            subsection.
                ``(4) Interstate system designations.--
                        ``(A) Additions.--If the Secretary determines that
                    a highway on the National Highway System meets all
                    standards of a highway on the Interstate System and
                    that the highway is a logical addition or connection to
                    the Interstate System, the Secretary may, upon the
                    affirmative recommendation of the State or States in
                    which the highway is located, designate the highway as
                    a route on the Interstate System.
                        ``(B) Designations as future interstate system
                    routes.--
                                ``(i) In general.--If the Secretary
                            determines that a highway on the National
                            Highway System would be a logical addition or
                            connection to the Interstate System and would
                            qualify for designation as a route on the
                            Interstate System under subparagraph (A), the
                            Secretary may, upon the affirmative
                            recommendation of the State or States in which
                            the highway is located, designate the highway
                            as a future Interstate System route.
                                ``(ii) Written agreement of states.--A
                            designation under clause (i) shall be made only
                            upon the written agreement of the State or
                            States described in that clause that the
                            highway will be constructed to meet all
                            standards of a highway on the Interstate System
                            by the date that is 12 years after the date of
                            the agreement.
                                ``(iii) Removal of designation.--
                                        ``(I) In general.--If the State or
                                    States described in clause (i) have not
                                    substantially completed the
                                    construction of a highway designated
                                    under this subparagraph within the time
                                    provided for in the agreement between
                                    the Secretary and the State or States
                                    under clause (ii), the Secretary shall
                                    remove the designation of the highway
                                    as a future Interstate System route.
                                        ``(II) Effect of removal.--Removal
                                    of the designation of a highway under
                                    subclause (I) shall not preclude the
                                    Secretary from designating the highway
                                    as a route on the Interstate System
                                    under subparagraph (A) or under any
                                    other provision of law providing for
                                    addition to the Interstate System.
                                ``(iv) Prohibition on referral as
                            interstate system route.--No law, rule,
                            regulation, map, document, or other record of
                            the United States, or of any State or political
                            subdivision of a State, shall refer to any
                            highway designated as a future Interstate
                            System route under this subparagraph, nor shall
                            any such highway be signed or marked, as a
                            highway on the Interstate System until such
                            time as the highway is constructed to the
                            geometric and construction standards for the
                            Interstate System and has been designated as a
                            route on the Interstate System.
                        ``(C) Financial responsibility.--
                                ``(i) In general.--Except as provided in
                            clause (ii), the designation of a highway under
                            this paragraph shall create no additional
                            Federal financial responsibility with respect
                            to the highway.
                                ``(ii) Certain highways.--Subject to
                            section 119(b)(1)(B), a State may use funds
                            available to the State under section 104(b)(1)
                            for the resurfacing, restoration,
                            rehabilitation, and reconstruction of a
                            highway--
                                        ``(I) designated before March 9,
                                    1984, as a route on the Interstate
                                    System under subparagraph (A) or as a
                                    future Interstate System route under
                                    subparagraph (B); or
                                        ``(II) designated under
                                    subparagraph (A) and located in Alaska
                                    or Puerto Rico.
        ``(d) Transfer of Interstate Construction Funds.--
                ``(1) Interstate construction funds not in surplus.--
                        ``(A) In general.--Upon application by a State and
                    approval by the Secretary, the Secretary may transfer
                    to the apportionment of the State under section
                    104(b)(1) any amount of funds apportioned to the State
                    under section 104(b)(5)(A) (as in effect on the day
                    before the date of enactment of the Intermodal Surface
                    Transportation Efficiency Act of 1998), if the amount
                    does not exceed the Federal share of the costs of
                    construction of segments of the Interstate System in
                    the State included in the most recent Interstate System
                    cost estimate.
                        ``(B) Effect of transfer.--Upon transfer of an
                    amount under subparagraph (A), the construction on
                    which the amount is based, as included in the most
                    recent Interstate System cost estimate, shall be
                    ineligible for funding under section 104(b)(5)(A) (as
                    in effect on the day before the date of enactment of
                    the Intermodal Surface Transportation Efficiency Act of
                    1998) or 104(k).
                ``(2) Surplus interstate construction funds.--Upon
            application by a State and approval by the Secretary, the
            Secretary may transfer to the apportionment of the State under
            section 104(b)(1) any amount of surplus funds apportioned to
            the State under section 104(b)(5)(A) (as in effect on the day
            before the date of enactment of the Intermodal Surface
            Transportation Efficiency Act of 1998), if the State has fully
            financed all work eligible under the most recent Interstate
            System cost estimate.
                ``(3) Applicability of certain laws.--Funds transferred
            under this subsection shall be subject to the laws (including
            regulations, policies, and procedures) relating to the
            apportionment to which the funds are transferred.
        ``(e) Unobligated Balances of Interstate Substitute Funds.--
    Unobligated balances of funds apportioned to a State under section
    103(e)(4)(H) (as in effect on the day before the date of enactment of
    the Intermodal Surface Transportation Efficiency Act of 1998) shall be
    available for obligation by the State under the law (including
    regulations, policies, and procedures) relating to the obligation and
    expenditure of the funds in effect on that date.''.
        (b) Conforming Amendments.--
                (1)(A) Section 101(a) of title 23, United States Code, is
            amended in the undesignated paragraph defining ``Interstate
            System'' by striking ``subsection (e) of section 103 of this
            title'' and inserting ``section 103(c)''.
                (B) Section 104(f)(1) of title 23, United States Code, is
            amended by striking ``, except that'' and all that follows
            through ``programs''.
                (C) Section 115(a) of title 23, United States Code, is
            amended--
                        (i) in the subsection heading, by striking
                    ``Substitute,''; and
                        (ii) in paragraph (1)(A)(i), by striking
                    ``103(e)(4)(H),'';
                (D) Section 118 of title 23, United States Code (as amended
            by section 1118(b)), is amended--
                        (i) by striking subsection (d); and
                        (ii) by redesignating subsections (e), (f), and (g)
                    (as added by section 1103(d)) as subsections (c), (d),
                    and (e), respectively.
                (E) Section 129(b) of title 23, United States Code, is
            amended in the first sentence by striking ``which has been''
            and all that follows through ``and has not'' and inserting
            ``which is a public road and has not''.
                (2)(A) Section 139 of title 23, United States Code, is
            repealed.
                (B) The analysis for chapter 1 of title 23, United States
            Code, is amended by striking the item relating to section 139.
                (C) Section 119(a) of title 23, United States Code, is
            amended in the first sentence--
                        (i) by striking ``sections 103 and 139(c) of this
                    title'' and inserting ``section 103(c)(1) and, in
                    Alaska and Puerto Rico, under section 103(c)(4)(A)'';
                    and
                        (ii) by striking ``section 139 (a) and (b) of this
                    title'' and inserting ``subparagraphs (A) and (B) of
                    section 103(c)(4)''.
                (D) Section 127(f) of title 23, United States Code, is
            amended by striking ``section 139(a)'' and inserting ``section
            103(c)(4)(A)''.
                (E) Section 1105(e)(5) of the Intermodal Surface
            Transportation Efficiency Act of 1991 (109 Stat. 597) is
            amended by striking subparagraph (B) and inserting the
            following:
                        ``(B) Treatment of segments.--Subject to
                    subparagraph (C), segments designated as parts of the
                    Interstate System under this paragraph shall be treated
                    in the same manner as segments designated under section
                    103(c)(4)(A) of title 23, United States Code.''.

    SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.

        (a) Definitions and Declaration of Policy.--
                (1) Creation of policy section.--Section 102 of title 23,
            United States Code, is amended--
                        (A) by striking the section heading and inserting
                    the following:
    ``Sec. 102. Declaration of policy'';
                        (B) by redesignating subsection (a) as subsection
                    (c) and moving that subsection to the end of section
                    146; and
                        (C) by redesignating subsection (b) as subsection
                    (f) and moving that subsection to the end of section
                    118 (as amended by section 1701(b)(1)(D)(ii)).
                (2) Transfer of policy provisions.--Section 101 of title
            23, United States Code, is amended--
                        (A) by striking the section heading and inserting
                    the following:
    ``Sec. 101. Definitions'';
                        (B) in subsection (a), by striking ``(a)'';
                        (C) by striking subsection (b); and
                        (D) by redesignating subsections (c) through (e) as
                    subsections (a) through (c), respectively, and moving
                    those subsections to section 102 (as amended by
                    paragraph (1)).
                (3) Conforming amendments.--
                        (A) The analysis for chapter 1 of title 23, United
                    States Code, is amended by striking the items relating
                    to sections 101 and 102 and inserting the following:

    ``101. Definitions.
    ``102. Declaration of policy.''.
                        (B) Section 47107(j)(1)(B) of title 49, United
                    States Code, is amended by striking ``section 101(a)''
                    and inserting ``section 101''.
        (b) Advance Construction.--Section 115 of title 23, United States
    Code, is amended--
                (1) in subsection (b)--
                        (A) by striking ``Projects'' and all that follows
                    through ``When a State'' and inserting ``Projects.--
                    When a State'';
                        (B) by striking paragraphs (2) and (3); and
                        (C) by redesignating subparagraphs (A) and (B) as
                    paragraphs (1) and (2), respectively, and indenting
                    appropriately;
                (2) by striking subsection (c);
                (3) in subsection (d), by striking ``section 135(f)'' and
            inserting ``section 135''; and
                (4) by redesignating subsection (d) as subsection (c).
        (c) Maintenance.--Section 116 of title 23, United States Code, is
    amended--
                (1) in subsection (a), by striking the second sentence;
                (2) by striking subsection (b);
                (3) in subsection (c)--
                        (A) in the first sentence, by striking ``he'' and
                    inserting ``the Secretary''; and
                        (B) in the second sentence, by striking ``further
                    projects'' and inserting ``further expenditure of
                    Federal-aid highway funds''; and
                (4) by redesignating subsections (c) and (d) as subsections
            (b) and (c), respectively.
        (d) Interstate Maintenance Program.--Section 119(a) of title 23,
    United States Code, is amended in the first sentence by striking ``the
    date of enactment of this sentence'' and inserting ``March 9, 1984''.
        (e) Advances to States.--Section 124 of title 23, United States
    Code, is amended--
                (1) by striking ``(a)''; and
                (2) by striking subsection (b).
        (f) Diversion.--
                (1) In general.--Section 126 of title 23, United States
            Code, is repealed.
                (2) Conforming amendment.--The analysis for chapter 1 of
            title 23, United States Code, is amended by striking the item
            relating to section 126.
        (g) Railway-Highway Crossings.--Section 130(f) of title 23, United
    States Code, is amended by striking ``Apportionment'' and all that
    follows through the first sentence and inserting ``Federal Share.--''.
        (h) Surface Transportation Program.--Section 133(a) of title 23,
    United States Code, is amended by striking ``Establishment.--The
    Secretary shall establish'' and inserting ``In General.--The Secretary
    shall carry out''.
        (i) Control of Junkyards.--Section 136 of title 23, United States
    Code, is amended by striking subsection (m) and inserting the
    following:
        ``(m) Primary System Defined.--For purposes of this section, the
    term `primary system' means the Federal-aid primary system in existence
    on June 1, 1991, and any highway which is not on such system but which
    is on the National Highway System.''.
        (j) Fringe and Corridor Parking Facilities.--Section 137(a) of
    title 23, United States Code, is amended in the first sentence by
    striking ``on the Federal-aid urban system'' and inserting ``on a
    Federal-aid highway''.
        (k) Nondiscrimination.--Section 140 of title 23, United States
    Code, is amended--
                (1) in subsection (a)--
                        (A) in the first sentence, by striking ``subsection
                    (a) of section 105 of this title,'' and inserting
                    ``section 106(a),'';
                        (B) by striking ``he'' each place it appears and
                    inserting ``the Secretary'';
                        (C) in the second sentence, by striking ``He'' and
                    inserting ``The Secretary'';
                        (D) in the third sentence, by striking ``In
                    approving programs for projects on any of the Federal-
                    aid systems,'' and inserting ``Before approving any
                    project under section 106(a),''; and
                        (E) in the last sentence, by striking ``him'' and
                    inserting ``the Secretary'';
                (2) by striking subsection (b);
                (3) in the subsection heading of subsection (d), by
            striking ``and Contracting''; and
                (4) by redesignating subsections (c) and (d) as subsections
            (b) and (c), respectively.
        (l) Public Transportation.--Section 142(a)(2) of title 23, United
    States Code, is amended by striking ``the the'' and inserting ``the''.
        (m) Priority Primary Routes.--
                (1) In general.--Section 147 of title 23, United States
            Code, is repealed.
                (2) Conforming amendment.--The analysis for chapter 1 of
            title 23, United States Code, is amended by striking the item
            relating to section 147.
        (n) Development of a National Scenic and Recreational Highway.--
                (1) In general.--Section 148 of title 23, United States
            Code, is repealed.
                (2) Conforming amendment.--The analysis for chapter 1 of
            title 23, United States Code, is amended by striking the item
            relating to section 148.
        (o) Hazard Elimination Program.--Section 152(e) of title 23, United
    States Code, is amended by striking ``apportioned to'' in the first
    sentence and all that follows through ``shall be'' in the second
    sentence.
        (p) Access Highways to Public Recreation Areas on Certain Lakes.--
                (1) In general.--Section 155 of title 23, United States
            Code, is repealed.
                (2) Conforming amendment.--The analysis for chapter 1 of
            title 23, United States Code, is amended by striking the item
            relating to section 155.

    SEC. 1703. NONDISCRIMINATION.

        (a) In General.--Section 324 of title 23, United States Code, is
    amended--
                (1) by inserting ``(d) Prohibition of Discrimination on the
            Basis of Sex.--'' before ``No person''; and
                (2) by moving subsection (d) (as designated by paragraph
            (1)) to the end of section 140 (as amended by section 1702(k)).
        (b) Conforming Amendments.--
                (1) Section 324 of title 23, United States Code, is
            repealed.
                (2) The analysis for chapter 3 of title 23, United States
            Code, is amended by striking the item relating to section 324.

    SEC. 1704. STATE TRANSPORTATION DEPARTMENT.

        (a) In General.--Section 302 of title 23, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) by striking ``(a)'';
                        (B) by striking the second sentence; and
                        (C) by adding at the end the following:
                    ``Compliance with this section shall have no effect on
                    the eligibility of costs.''; and
                (2) by striking subsection (b).
        (b) Conforming Amendments.--
                (1) Title 23, United States Code, is amended--
                        (A) by striking ``State highway department'' each
                    place it appears and inserting ``State transportation
                    department''; and
                        (B) by striking ``State highway departments'' each
                    place it appears and inserting ``State transportation
                    departments''.
                (2) The analysis for chapter 3 of title 23, United States
            Code, is amended in the item relating to section 302 by
            striking ``highway'' and inserting ``transportation''.
                (3) Section 302 of title 23, United States Code, is amended
            in the section heading by striking ``highway'' and inserting
            ``transportation''.
                (4) Section 410(h)(5) of title 23, United States Code, is
            amended in the paragraph heading by striking ``highway'' and
            inserting ``transportation''.
                (5) Section 201(b) of the Appalachian Regional Development
            Act of 1965 (40 U.S.C. App.) is amended in the second sentence
            by striking ``State highway department'' and inserting ``State
            transportation department''.
                (6) Section 138(c) of the Surface Transportation Assistance
            Act of 1978 (40 U.S.C. App. note to section 201 of the
            Appalachian Regional Development Act of 1965; Public Law 95-
            599) is amended in the first sentence by striking ``State
            highway department'' and inserting ``State transportation
            department''.

                      Subtitle H--Miscellaneous Provisions

    SEC. 1801. DESIGNATION OF PORTION OF STATE ROUTE 17 IN NEW YORK AND
                  PENNSYLVANIA AS INTERSTATE ROUTE 86.

        (a) In General.--Subject to subsection (b)(2), notwithstanding
    section 103(c), the portion of State Route 17 located between the
    junction of State Route 17 and Interstate Route 87 in Harriman, New
    York, and the junction of State Route 17 and Interstate Route 90 near
    Erie, Pennsylvania, is designated as Interstate Route 86.
        (b) Substandard Features.--
                (1) Upgrading.--Each segment of State Route 17 described in
            subsection (a) that does not substantially meet the Interstate
            System design standards under section 109(b) of title 23,
            United States Code, in effect on the date of enactment of this
            Act shall be upgraded in accordance with plans and schedules
            developed by the applicable State.
                (2) Designation.--Each segment of State Route 17 that on
            the date of enactment of this Act is not at least 4 lanes wide,
            separated by a median, access-controlled, and grade-separated
            shall--
                        (A) be designated as a future Interstate System
                    route; and
                        (B) become part of Interstate Route 86 at such time
                    as the Secretary determines that the segment
                    substantially meets the Interstate System design
                    standards described in paragraph (1).
        (c) Treatment of Route.--
                (1) Mileage limitation.--The mileage of Interstate Route 86
            designated under subsection (a) shall not be charged against
            the limitation established by section 103(c)(2) of title 23,
            United States Code.
                (2) Federal financial responsibility.--
                        (A) In general.--Subject to subparagraph (B), the
                    designation of Interstate Route 86 under subsection (a)
                    shall not create increased Federal financial
                    responsibility with respect to the designated Route.
                        (B) Use of certain funds.--A State may use funds
                    available to the State under paragraphs (1) and (3) of
                    section 104(b) of title 23, United States Code, to
                    eliminate substandard features of, and to resurface,
                    restore, rehabilitate, or reconstruct, any portion of
                    the designated Route.

    SEC. 1802. IDENTIFICATION OF HIGH PRIORITY CORRIDOR ROUTES IN
                  LOUISIANA.

        Section 1105 of the Intermodal Surface Transportation Efficiency
    Act of 1991 (105 Stat. 2031) is amended--
                (1) in subsection (c)(1)--
                        (A) by striking ``Corridor from Kansas'' and
                    inserting the following: ``Corridor--
                        ``(A) from Kansas'';
                        (B) in subparagraph (A) (as so designated), by
                    striking the period at the end and inserting ``; and'';
                    and
                        (C) by adding at the end the following:
                        ``(B) from Shreveport, Louisiana, along Interstate
                    Route 49 to Lafayette, Louisiana, and along United
                    States Route 90 to the junction with Interstate Route
                    10 in New Orleans, Louisiana.''; and
                (2) in subsection (e)(5)(A), by inserting ``in subsection
            (c)(1)(B),'' after ``routes referred to''.

    SEC. 1803. SENSE OF SENATE CONCERNING THE OPERATION OF LONGER
                  COMBINATION VEHICLES.

        (a) Findings.--Congress finds that--
                (1) section 127(d) of title 23, United States Code,
            contains a prohibition that took effect on June 1, 1991,
            concerning the operation of certain longer combination
            vehicles, including certain double-trailer and triple-trailer
            trucks;
                (2) reports on the results of recent studies conducted by
            the Federal Government describe, with respect to longer
            combination vehicles--
                        (A) problems with the adequacy of rearward
                    amplification braking;
                        (B) the difficulty in making lane changes; and
                        (C) speed differentials that occur while climbing
                    or accelerating; and
                (3) surveys of individuals in the United States demonstrate
            that an overwhelming majority of residents of the United States
            oppose the expanded use of longer combination vehicles.
        (b) Longer Combination Vehicle Defined.--In this section, the term
    ``longer combination vehicle'' has the meaning given that term in
    section 127(d)(4) of title 23, United States Code.
        (c) Sense of the Senate.--It is the sense of the Senate that the
    prohibitions and restrictions under section 127(d) of title 23, United
    States Code, as in effect on the date of enactment of this Act, should
    not be amended so as to result in any less restrictive prohibition or
    restriction.

    SEC. 1804. INTERNATIONAL BRIDGE, SAULT STE. MARIE, MICHIGAN.

        The International Bridge Authority, or its successor organization,
    shall be permitted to continue collecting tolls for maintenance of,
    operation of, capital improvements to, and future expansions to the
    International Bridge, Sault Ste. Marie, Michigan, and its approaches,
    plaza areas, and associated structures.

    SEC. 1805. AMENDMENT TO NATIONAL TRAILS SYSTEM ACT.

        Section 8(d) of the National Trails System Act (43 U.S.C. 1247(d))
    is amended--
                (1) by striking ``The'' and inserting in lieu thereof ``(1)
            The'';
                (2) by adding at the end thereof the following new
            paragraphs:
                ``(2) Consistent with the terms and conditions imposed
            under paragraph (1), the Surface Transportation Board shall
            approve a proposal for interim trail use of a railroad right-
            of-way unless--
                        ``(A) at least half of the units of local
                    government located within the rail corridor for which
                    the interim trail use is proposed pass a resolution
                    opposing the proposed trail use; and
                        ``(B) the resolution is transmitted to the Surface
                    Transportation Board within the applicable time
                    requirements for rail line abandonment proceedings.
                ``(3) The limitation in paragraph (2) shall not apply if a
            State has assumed responsibility for the management of such
            right-of-way.''.

    SEC. 1806. AMENDMENTS TO TITLE 23.

        (a) Section 144 of title 23, United States Code, is amended--
                (1) in each of subsections (d) and (g)(3) by inserting
            after ``magnesium acetate'' the following: ``or agriculturally
            derived, environmentally acceptable, minimally corrosive anti-
            icing and de-icing compositions''; and
                (2) in subsection (d) by inserting ``or such anti-icing or
            de-icing composition'' after ``such acetate''.
        (b) Section 133(b)(1) of title 23, United States Code, is amended
    by inserting after ``magnesium acetate'' the following: ``or
    agriculturally derived, environmentally acceptable, minimally corrosive
    anti-icing and de-icing compositions''.

    SEC. 1807. LIMITATIONS.

        (a) Prohibition on Lobbying Activities.--No funds authorized in
    this title shall be available for any activity to build support for or
    against, or to influence the formulation, or adoption of State or local
    legislation, unless such activity is consistent with previously-
    existing Federal mandates or incentive programs.
        (b) Testifying.--Nothing in this section shall prohibit officers or
    employees of the United States or its departments or agencies from
    testifying before any State or local legislative body upon the
    invitation of such legislative body.

    SEC. 1808. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO NONAMTRAK STATES.

        (a) In General.--Section 977(e)(1)(B) of the Taxpayer Relief Act of
    1997 (defining qualified expenses) is amended--
                (1) by striking ``and'' at the end of clause (iii) and all
            that follows through ``clauses (i) and (iv).'', and
                (2) by adding after clause (iii) the following:
                                ``(iv) capital expenditures related to
                            State-owned rail operations in the State,
                                ``(v) any project that is eligible to
                            receive funding under section 5309, 5310, or
                            5311 of title 49, United States Code,
                                ``(vi) any project that is eligible to
                            receive funding under section 130 or 152 of
                            title 23, United States Code,
                                ``(vii) the upgrading and maintenance of
                            intercity primary and rural air service
                            facilities, and the purchase of intercity air
                            service between primary and rural airports and
                            regional hubs,
                                ``(viii) the provision of passenger
                            ferryboat service within the State, and
                                ``(ix) the payment of interest and
                            principal on obligations incurred for such
                            acquisition, upgrading, maintenance, purchase,
                            expenditures, provision, and projects.''
        (b) Effective Date.--The amendments made by this section shall take
    effect as if included in the enactment of section 977 of the Taxpayer
    Relief Act of 1997.

    SEC. 1809. CONTINUANCE OF COMMERCIAL OPERATIONS AT CERTAIN SERVICE
                  PLAZAS IN THE STATE OF MARYLAND.

        (a) Waiver.--Notwithstanding section 111 of title 23, United States
    Code, and the agreements described in subsection (b), at the request of
    the Maryland Transportation Authority, the Secretary shall allow the
    continuance of commercial operations at the service plazas on the John
    F. Kennedy Memorial Highway on Interstate Route 95.
        (b) Agreements.--The agreements referred to in subsection (a) are
    agreements between the Department of Transportation of the State of
    Maryland and the Federal Highway Administration concerning the highway
    described in subsection (a).

    SEC. 1810. PENNSYLVANIA STATION REDEVELOPMENT CORPORATION BOARD OF
                  DIRECTORS.

        Section 1069(gg) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (105 Stat. 2011) is amended by adding at the end
    the following: ``(3) In furtherance of the redevelopment of the James
    A. Farley Post Office Building in the city of New York, New York, into
    an intermodal transportation facility and commercial center, the
    Secretary of Transportation, the Federal Railroad Administrator, and
    their designees are authorized to serve as ex officio members of the
    Board of Directors of the Pennsylvania Station Redevelopment
    Corporation.

    SEC. 1811. UNION STATION REDEVELOPMENT CORPORATION BOARD OF DIRECTORS.

        Subchapter I of chapter 18 of title 40 of the United States Code is
    amended by adding a new section at the end thereof as follows:
    ``Sec. 820. Union Station Redevelopment Corporation
        ``To further the rehabilitation, redevelopment and operation of the
    Union Station complex, the Secretary of Transportation, the Federal
    Railroad Administrator, and their designees are authorized to serve as
    ex officio members of the Board of Directors of the Union Station
    Redevelopment Corporation.''.

    SEC. 1812. ADDITIONS TO APPALACHIAN REGION.

        Section 403 of the Appalachian Regional Development Act of 1965 (40
    U.S.C. App.) is amended--
                (1) in the undesignated paragraph relating to Alabama, by
            inserting ``Hale,'' after ``Franklin,'';
                (2) in the undesignated paragraph relating to Georgia--
                        (A) by inserting ``Elbert,'' after ``Douglas,'';
                    and
                        (B) by inserting ``Hart,'' after ``Haralson,'';
                (3) in the undesignated paragraph relating to Mississippi,
            by striking ``and Winston'' and inserting ``Winston, and
            Yalobusha''; and
                (4) in the undesignated paragraph relating to Virginia--
                        (A) by inserting ``Montgomery,'' after ``Lee,'';
                    and
                        (B) by inserting ``Rockbridge,'' after
                    ``Pulaski,''.

    SEC. 1813. SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE ASSESSMENT.

        (a) In General.--The Secretary shall conduct a comprehensive
    assessment of the state of the transportation infrastructure on the
    southwest border between the United States and Mexico (referred to in
    this section as the ``border'').
        (b) Consultation.--In carrying out subsection (a), the Secretary
    shall consult with--
                (1) the Secretary of State;
                (2) the Attorney General;
                (3) the Secretary of the Treasury;
                (4) the Commandant of the Coast Guard;
                (5) the Administrator of General Services;
                (6) the American Commissioner on the International Boundary
            Commission, United States and Mexico;
                (7) State agencies responsible for transportation and law
            enforcement in border States; and
                (8) municipal governments and transportation authorities in
            sister cities in the border area.
        (c) Requirements.--In carrying out the assessment, the Secretary
    shall--
                (1) assess--
                        (A) the flow of commercial and private traffic
                    through designated ports of entry on the border;
                        (B) the adequacy of transportation infrastructure
                    in the border area, including highways, bridges,
                    railway lines, and border inspection facilities;
                        (C) the adequacy of law enforcement and narcotics
                    abatement activities in the border area, as the
                    activities relate to commercial and private traffic;
                    and
                        (D) future demands on transportation infrastructure
                    in the border area; and
                (2) make recommendations to facilitate legitimate cross-
            border traffic in the border area, while maintaining the
            integrity of the border.
        (d) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to Congress a report on the
    assessment conducted under this section, including any related
    legislative and administrative recommendations.

    SEC. 1814. MODIFICATION OF HIGH PRIORITY CORRIDOR.

        Section 1105(c)(18) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (105 Stat. 2032) is amended--
                (1) by striking ``(18) Corridor from Indianapolis,'' and
            inserting the following:
                ``(18)(A) Corridor from Sarnia, Ontario, Canada, through
            Port Huron, Michigan, southwesterly along Interstate Route 69
            through Indianapolis,''; and
                (2) by adding at the end the following:
                ``(B) Corridor from Sarnia, Ontario, Canada, southwesterly
            along Interstate Route 94 to the Ambassador Bridge interchange
            in Detroit, Michigan.
                ``(C) Corridor from Windsor, Ontario, Canada, through
            Detroit, Michigan, westerly along Interstate Route 94 to
            Chicago, Illinois.''.

    SEC. 1815. DESIGNATION OF CORRIDORS IN MISSISSIPPI AND ALABAMA AS
                  ROUTES ON THE INTERSTATE SYSTEM.

        (a) In General.--
                (1) Designation.--Subject to subsection (b)(2),
            notwithstanding section 103(c) of title 23, United States Code,
            the segments described in paragraph (2) are designated as
            routes on the Interstate System.
                (2) Segments.--The segments referred to in paragraph (1)
            are--
                        (A) the portion of Corridor V of the Appalachian
                    development highway system from Interstate Route 55
                    near Batesville, Mississippi, to the intersection with
                    Corridor X of the Appalachian development highway
                    system near Fulton, Mississippi; and
                        (B) the portion of Corridor X of the Appalachian
                    development highway system from near Fulton,
                    Mississippi, to the intersection with Interstate Route
                    65 near Birmingham, Alabama.
        (b) Substandard Features.--
                (1) Upgrading.--Each portion of the segments described in
            subsection (a)(2) that does not substantially meet the
            Interstate System design standards under section 109(b) of
            title 23, United States Code, in effect on the date of
            enactment of this Act shall be upgraded in accordance with
            plans and schedules developed by the applicable State.
                (2) Designation.--Each portion of the segments described in
            subsection (a)(2) that on the date of enactment of this Act
            does not meet the Interstate System design standards under
            section 109(b) of that title and does not connect to a segment
            of the Interstate System shall--
                        (A) be designated as a future Interstate System
                    route; and
                        (B) become part of the Interstate System at such
                    time as the Secretary determines that the portion of
                    the segment--
                                (i) meets the Interstate System design
                            standards; and
                                (ii) connects to another segment of the
                            Interstate System.
        (c) Treatment of Routes.--
                (1) Mileage limitation.--The mileage of the routes on the
            Interstate System designated under subsection (a) shall not be
            charged against the limitation established by section 103(c)(2)
            of title 23, United States Code.
                (2) Federal financial responsibility.--
                        (A) In general.--Subject to subparagraph (B), the
                    designation of the routes on the Interstate System
                    under subsection (a) shall not create increased Federal
                    financial responsibility with respect to the designated
                    segments.
                        (B) Use of certain funds.--A State may use funds
                    available to the State under paragraphs (1)(C) and (3)
                    of section 104(b) of title 23, United States Code, to
                    eliminate substandard features of, and to resurface,
                    restore, rehabilitate, or reconstruct, any portion of
                    the designated segments.
                (3) Eligibility for other funding.--(A) This section shall
            not affect the amount of funding that a State shall be entitled
            to receive under any other section of this Act or under any
            other law.
                (B) Effect of provision.--Nothing in this section shall
            result in an increase in a State's estimated cost to complete
            the Appalachian development highway system or in the amount of
            assistance that the State shall be entitled to receive from the
            Appalachian Development Highway System under this Act or any
            other Act.

    SEC. 1816. REAUTHORIZATION OF FERRY AND FERRY TERMINAL PROGRAM.

        (a) Section 1064(c) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by striking
    ``$14,000,000'' and all that follows through ``this section'' and
    inserting in lieu thereof ``$30,000,000 for fiscal year 1998,
    $25,000,000 for fiscal year 1999, $25,000,000 for fiscal year 2000,
    $30,000,000 for fiscal year 2001, $35,000,000 for fiscal year 2002, and
    $35,000,000 for fiscal year 2003 in carrying out this section, at least
    $12,000,000 of which in each such fiscal year shall be obligated for
    the construction of ferry boats, terminal facilities and approaches to
    such facilities within marine highway systems that are part of the
    National Highway System''.
        (b) In addition to the obligation authority provided in subsection
    (a), there are authorized to be appropriated $20,000,000 in each of
    fiscal years 1999, 2000, 2001, 2002, and 2003 for the ferry boat and
    ferry terminal facility program under section 1064 of the Intermodal
    Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note).

    SEC. 1817. REPORT ON UTILIZATION POTENTIAL.

        (a) Study.--The Secretary of Transportation shall conduct a study
    of ferry transportation in the United States and its possessions--
                (1) to identify existing ferry operations, including--
                        (A) the locations and routes served;
                        (B) the name, United States official number, and a
                    description of each vessel operated as a ferry;
                        (C) the source and amount, if any, of funds derived
                    from Federal, State, or local government sources
                    supporting ferry construction or operations;
                        (D) the impact of ferry transportation on local and
                    regional economies; and
                        (E) the potential for use of high-speed ferry
                    services.
                (2) identify potential domestic ferry routes in the United
            States and its possessions and to develop information on those
            routes, including--
                        (A) locations and routes that might be served;
                        (B) estimates of capacity required;
                        (C) estimates of capital costs of developing these
                    routes;
                        (D) estimates of annual operating costs for these
                    routes;
                        (E) estimates of the economic impact of these
                    routes on local and regional economies; and
                        (F) the potential for use of high-speed ferry
                    services.
        (b) Report.--The Secretary shall report the results of the study
    under subsection (a) within one year after the date of enactment of
    this Act to the Committee on Commerce, Science, and Transportation of
    the United States Senate and the Committee on Transportation and
    Infrastructure of the United States House of Representatives.
        (c) Findings.--After reporting the results of the study required by
    paragraph (b), the Secretary of Transportation shall meet with the
    relevant State and municipal planning organizations to discuss the
    results of the study and the availability of resources, both Federal
    and State, for providing marine ferry service.

                       TITLE II--RESEARCH AND TECHNOLOGY

                       Subtitle A--Research and Training

    SEC. 2001. STRATEGIC RESEARCH PLAN.

        Subtitle III of title 49, United States Code, is amended--
                (1) in the table of chapters, by inserting after the item
            relating to chapter 51 the following:

     ``52.  RESEARCH AND DEVELOPMENT                                5201'';
            and
                (2) by inserting after chapter 51 the following:

                     ``CHAPTER 52--RESEARCH AND DEVELOPMENT

    ``Sec.
    ``5201. Definitions.

             ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS

    ``5211. Transactional authority.

                      ``SUBCHAPTER II--STRATEGIC PLANNING

    ``5221. Strategic planning.
    ``5222. Authorization of contract authority.

     ``SUBCHAPTER III--MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT
                                    PROGRAM

    ``5231. Multimodal Transportation Research and Development Program.
    ``5232. Authorization of contract authority.

          ``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS

    ``5241. National university transportation centers.
    ``Sec. 5201. Definitions
        ``In this chapter:
                ``(1) Department.--The term `Department' means the
            Department of Transportation.
                ``(2) Secretary.--The term `Secretary' means the Secretary
            of Transportation.

             ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS

    ``Sec. 5211. Transactional authority
        ``To further the objectives of this chapter, the Secretary may make
    grants to, and enter into contracts, cooperative agreements, and other
    transactions with--
                ``(1) any person or any agency or instrumentality of the
            United States;
                ``(2) any unit of State or local government;
                ``(3) any educational institution;
                ``(4) any Federal laboratory; and
                ``(5) any other entity.

                      ``SUBCHAPTER II--STRATEGIC PLANNING

    ``Sec. 5221. Strategic planning
        ``(a) Authority.--The Secretary shall establish a strategic
    planning process to--
                ``(1) determine national transportation research,
            development, and technology deployment priorities, strategies,
            and milestones over the next 5 years;
                ``(2) coordinate Federal transportation research,
            development, and technology deployment activities; and
                ``(3) measure the impact of the research, development, and
            technology investments described in paragraph (2) on the
            performance of the transportation system of the United States.
        ``(b) Criteria.--In developing strategic plans for intermodal,
    multimodal, and mode-specific research, development, and technology
    deployment, the Secretary shall consider the need to--
                ``(1) coordinate and integrate Federal, regional, State,
            and metropolitan planning research, development, and technology
            activities in urban and rural areas;
                ``(2) promote standards that facilitate a seamless and
            interoperable transportation system;
                ``(3) encourage innovation;
                ``(4) identify and facilitate initiatives and partnerships
            to deploy technology with the potential for improving
            transportation systems during the next 5-year and 10-year
            periods;
                ``(5) identify core research to support the long-term
            transportation technology and system needs of urban and rural
            areas of the United States, including safety;
                ``(6) ensure the ability of the United States to compete on
            a global basis; and
                ``(7) provide a means of assessing the impact of Federal
            research and technology investments on the performance of the
            transportation system of the United States.
        ``(c) Implementation.--
                ``(1) In general.--In carrying out subsection (a), the
            Secretary shall adopt such policies and procedures as are
            appropriate--
                        ``(A) to provide for integrated planning,
                    coordination, and consultation among the Administrators
                    of the operating administrations of the Department and
                    other Federal officials with responsibility for
                    research, development, and technology transfer
                    important to national transportation needs;
                        ``(B) to promote the exchange of information on
                    transportation-related research and development
                    activities among the operating elements of the
                    Department, other Federal departments and agencies,
                    Federal laboratories, State and local governments,
                    colleges and universities, industry, and other private
                    and public sector organizations engaged in the
                    activities;
                        ``(C) to ensure that the research and development
                    programs of the Department do not duplicate other
                    Federal and, to the maximum extent practicable, private
                    sector research and development programs; and
                        ``(D) to ensure that the research and development
                    activities of the Department--
                                ``(i) make appropriate use of the talents,
                            skills, and abilities at the Federal
                            laboratories; and
                                ``(ii) leverage, to the maximum extent
                            practicable, the research, development, and
                            technology transfer capabilities of
                            institutions of higher education and private
                            industry.
                ``(2) Consultation.--The procedures and policies adopted
            under paragraph (1) shall include consultation with State
            officials and members of the private sector.
        ``(d) Reports.--
                ``(1) In general.--Concurrent with the submission to
            Congress of the budget of the President for each fiscal year,
            the Secretary shall submit to the Committee on Environment and
            Public Works of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives a report on
            the strategic plans, goals, and milestones developed under
            subsections (a) and (b) to help guide research, development,
            and technology transfer activities during the 5-year period
            beginning on the date of the report.
                ``(2) Comparison to previous report.--The report shall
            include a delineation of the progress made with respect to each
            of the plans, goals, and milestones specified in the previous
            report.
                ``(3) Prohibition on obligation for failure to submit
            report.--Beginning on the date of the submission to Congress of
            the budget of the President for fiscal year 2000, and on the
            date of the submission for each fiscal year thereafter, none of
            the funds made available under this chapter or chapter 5 of
            title 23 may be obligated until the report required under
            paragraph (1) for that fiscal year is submitted.
    ``Sec. 5222. Authorization of contract authority
        ``(a) In General.--There shall be available from the Highway Trust
    Fund (other than the Mass Transit Account) to carry out this subchapter
    $1,500,000 for each of fiscal years 1998 through 2003.
        ``(b) Contract Authority.--Funds authorized under this section
    shall be available for obligation in the same manner as if the funds
    were apportioned under chapter 1 of title 23, except that--
                ``(1) any Federal share of the cost of an activity under
            this subchapter shall be determined in accordance with this
            subchapter; and
                ``(2) the funds shall remain available for obligation for a
            period of 2 years after the last day of the fiscal year for
            which the funds are authorized.
        ``(c) Use of Unallocated Funds.--To the extent that the amounts
    made available for any fiscal year under subsection (a) exceed the
    amounts used to carry out section 5221 for the fiscal year, the excess
    amounts--
                ``(1) shall be apportioned in accordance with section
            104(b)(3) of title 23;
                ``(2) shall be considered to be sums made available for
            expenditure on the surface transportation program, except that
            the amounts shall not be subject to section 133(d) of that
            title; and
                ``(3) shall be available for any purpose eligible for
            funding under section 133 of that title.''.

    SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT PROGRAM.

        Chapter 52 of title 49, United States Code (as added by section
    2001), is amended by adding at the end the following:

     ``SUBCHAPTER III--MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT
                                    PROGRAM

    ``Sec. 5231. Multimodal Transportation Research and Development Program
        ``(a) Establishment.--The Secretary shall establish a program to be
    known as the `Multimodal Transportation Research and Development
    Program'.
        ``(b) Purposes.--The purposes of the Multimodal Transportation
    Research and Development Program are to--
                ``(1) enhance the capabilities of Federal agencies to meet
            national transportation needs, as defined by the missions of
            the agencies, through support for long-term and applied
            research and development that would benefit the various modes
            of transportation, including research and development in
            safety, security, mobility, energy and the environment,
            information and physical infrastructure, and industrial design;
                ``(2) identify and apply innovative research performed by
            the Federal Government, Federal laboratories, academia, and the
            private sector to the intermodal and multimodal transportation
            research, development, and deployment needs of the Department
            and the transportation enterprise of the United States;
                ``(3) identify and leverage research, technologies, and
            other information developed by the Federal Government for
            national defense and nondefense purposes for the benefit of the
            public, commercial, and defense transportation sectors; and
                ``(4) share information and analytical and research
            capabilities among the Federal Government, State and local
            governments, colleges and universities, and private
            organizations to advance their ability to meet their
            transportation research, development, and deployment needs.
        ``(c) Process for Consultation.--To advise the Secretary in
    establishing priorities within the Program, the Secretary shall
    establish a process for consultation among the Administrators of the
    operating administrations of the Department and other Federal officials
    with responsibility for research.
    ``Sec. 5232. Authorization of contract authority
        ``(a) In General.--There shall be available from the Highway Trust
    Fund (other than the Mass Transit Account) to carry out this subchapter
    $2,500,000 for each of fiscal years 1998 through 2003.
        ``(b) Contract Authority.--Funds authorized under this section
    shall be available for obligation in the same manner as if the funds
    were apportioned under chapter 1 of title 23, except that--
                ``(1) any Federal share of the cost of an activity under
            this subchapter shall be determined in accordance with this
            subchapter; and
                ``(2) the funds shall remain available for obligation for a
            period of 2 years after the last day of the fiscal year for
            which the funds are authorized.''.

    SEC. 2003. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

        (a) In General.--Chapter 52 of title 49, United States Code (as
    amended by section 2002), is amended by adding at the end the
    following:

          ``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS

    ``Sec. 5241. National university transportation centers
        ``(a) In General.--The Secretary shall make grants to, or enter
    into contracts with, the nonprofit institutions of higher learning
    selected under section 5317 (as in effect on the day before the date of
    enactment of this section)--
                ``(1) to operate 1 university transportation center in each
            of the 10 Federal administrative regions that comprise the
            Standard Federal Regional Boundary System; and
                ``(2) to continue operation of university transportation
            centers at the Mack-Blackwell National Rural Transportation
            Study Center, the National Center for Transportation and
            Industrial Productivity, the Institute for Surface
            Transportation Policy Studies, the Urban Transit Institute at
            the University of South Florida, the National Center for
            Advanced Transportation Technology, and the University of
            Alabama Transportation Research Center.
        ``(b) Additional Centers.--
                ``(1) In general.--The Secretary may make grants to
            nonprofit institutions of higher learning to establish and
            operate not more than 4 additional university transportation
            centers to address--
                        ``(A) transportation management, research, and
                    development, with special attention to increasing the
                    number of highly skilled minority individuals and women
                    entering the transportation workforce;
                        ``(B) transportation and industrial productivity;
                        ``(C) rural transportation;
                        ``(D) advanced transportation technology;
                        ``(E) international transportation policy studies;
                        ``(F) transportation infrastructure technology;
                        ``(G) urban transportation research;
                        ``(H) transportation and the environment;
                        ``(I) surface transportation safety; or
                        ``(J) infrastructure finance studies.
                ``(2) Selection criteria.--
                        ``(A) Application.--A nonprofit institution of
                    higher learning that desires to receive a grant under
                    paragraph (1) shall submit an application to the
                    Secretary in such manner and containing such
                    information as the Secretary may require.
                        ``(B) Selection of recipients.--The Secretary shall
                    select each grant recipient under paragraph (1) on the
                    basis of--
                                ``(i) the demonstrated research and
                            extension resources available to the recipient
                            to carry out this section;
                                ``(ii) the capability of the recipient to
                            provide leadership in making national and
                            regional contributions to the solution of
                            immediate and long-term transportation
                            problems;
                                ``(iii) the establishment by the recipient
                            of a surface transportation program that
                            encompasses several modes of transportation;
                                ``(iv) the demonstrated ability of the
                            recipient to disseminate results of
                            transportation research and education programs
                            through a statewide or regionwide continuing
                            education program;
                                ``(v) the strategic plan that the recipient
                            proposes to carry out using the grant funds;
                            and
                                ``(vi) the extent to which private funds
                            have been committed to a university and public-
                            private partnerships established to fulfill the
                            objectives specified in paragraph (1).
        ``(c) Objectives.--Each university transportation center shall use
    grant funds under subsection (a) or (b) to carry out--
                ``(1) multimodal basic and applied research, the products
            of which are judged by peers or other experts in the field to
            advance the body of knowledge in transportation;
                ``(2) an education program that includes multidisciplinary
            course work and participation in research; and
                ``(3) an ongoing program of technology transfer that makes
            research results available to potential users in a form that
            can be readily implemented, used, or otherwise applied.
        ``(d) Maintenance of Effort.--Before making a grant under
    subsection (a) or (b), the Secretary shall require the grant recipient
    to enter into an agreement with the Secretary to ensure that the
    recipient will maintain, during the period of the grant, a level of
    total expenditures from all other sources for establishing and
    operating a university transportation center and carrying out related
    research activities that is at least equal to the average level of
    those expenditures in the 2 fiscal years of the recipient prior to the
    award of a grant under subsection (a) or (b).
        ``(e) Additional Grants and Contracts.--
                ``(1) Grants or contracts.--In addition to grants under
            subsection (a) or (b), the Secretary may make grants to, or
            enter into contracts with, university transportation centers
            without the need for a competitive process.
                ``(2) Use of grants or contracts.--A noncompetitive grant
            or contract under paragraph (1) shall be used for
            transportation research, development, education, or training
            consistent with the strategic plan approved as part of the
            selection process for the center.
        ``(f) Federal Share.--The Federal share of the cost of establishing
    and operating a university transportation center and carrying out
    related research activities under this section shall be not more than
    50 percent.
        ``(g) Program Coordination.--
                ``(1) In general.--The Secretary shall--
                        ``(A) coordinate research, education, training, and
                    technology transfer activities carried out by grant
                    recipients under this section;
                        ``(B) disseminate the results of the research; and
                        ``(C) establish and operate a clearinghouse for
                    disseminating the results of the research.
                ``(2) Review and evaluation.--
                        ``(A) In general.--Not less often than annually,
                    the Secretary shall review and evaluate programs
                    carried out by grant recipients under this section.
                        ``(B) Notification of deficiencies.--In carrying
                    out subparagraph (A), if the Secretary determines that
                    a university transportation center is deficient in
                    meeting the objectives of this section, the Secretary
                    shall notify the grant recipient operating the center
                    of each deficiency and provide specific recommendations
                    of measures that should be taken to address the
                    deficiency.
                        ``(C) Disqualification.--If, after the end of the
                    180-day period that begins on the date of notification
                    to a grant recipient under subparagraph (B) with
                    respect to a center, the Secretary determines that the
                    recipient has not corrected each deficiency identified
                    under subparagraph (B), the Secretary may, after
                    notifying the Committee on Environment and Public Works
                    of the Senate and the Committee on Transportation and
                    Infrastructure of the House of Representatives of the
                    determination--
                                ``(i) disqualify the university
                            transportation center from further
                            participation under this section; and
                                ``(ii) make a grant for the establishment
                            of a new university transportation center, in
                            lieu of the disqualified center, under
                            subsection (a) or (b), as applicable.
                ``(3) Funding.--The Secretary may use not more than 1
            percent of Federal funds made available under this section to
            carry out this subsection.
        ``(h) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $12,000,000 for each of fiscal years
            1998 through 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be made available for obligation in the same
            manner as if the funds were apportioned under chapter 1 of
            title 23, except that the Federal share of the cost of a
            project under this section shall be determined in accordance
            with this section.
                ``(3) Technology transfer activities.--For each fiscal
            year, not less than 5 percent of the amounts made available to
            carry out this section shall be available to carry out
            technology transfer activities.
        ``(i) Limitation on Availability of Funds.--Funds authorized under
    this section shall remain available for obligation for a period of 2
    years after the last day of the fiscal year for which the funds are
    authorized.''.
        (b) Conforming Amendments.--
                (1) Sections 5316 and 5317 of title 49, United States Code,
            are repealed.
                (2) The analysis for chapter 53 of title 49, United States
            Code, is amended by striking the items relating to sections
            5316 and 5317.

    SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.

        (a) In General.--Section 111 of title 49, United States Code, is
    amended--
                (1) in subsection (b)(4), by striking the second sentence;
                (2) in subsection (c)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (J), by striking
                            ``and'' at the end;
                                (ii) in subparagraph (K), by striking the
                            period at the end and inserting ``; and''; and
                                (iii) by adding at the end the following:
                        ``(L) transportation-related variables that
                    influence global competitiveness.'';
                        (B) in paragraph (2)--
                                (i) in the first sentence, by striking
                            ``national transportation system'' and
                            inserting ``transportation systems of the
                            United States'';
                                (ii) by striking subparagraph (A) and
                            inserting the following:
                        ``(A) be coordinated with efforts to measure
                    outputs and outcomes of the Department of
                    Transportation and the transportation systems of the
                    United States under the Government Performance and
                    Results Act of 1993 (Public Law 103-62) and the
                    amendments made by that Act;''; and
                                (iii) in subparagraph (C), by inserting ``,
                            made relevant to the States and metropolitan
                            planning organizations,'' after ``accuracy'';
                        (C) in paragraph (3), by adding at the end the
                    following: ``The Bureau shall review and report to the
                    Secretary of Transportation on the sources and
                    reliability of the statistics proposed by the heads of
                    the operating administrations of the Department to
                    measure outputs and outcomes as required by the
                    Government Performance and Results Act of 1993 (Public
                    Law 103-62), and the amendments made by that Act, and
                    shall carry out such other reviews of the sources and
                    reliability of other data collected by the heads of the
                    operating administrations of the Department as shall be
                    requested by the Secretary.''; and
                        (D) by adding at the end the following:
                ``(7) Supporting transportation decisionmaking.--Ensuring
            that the statistics compiled under paragraph (1) are relevant
            for transportation decisionmaking by the Federal Government,
            State and local governments, transportation-related
            associations, private businesses, and consumers.'';
                (3) by redesignating subsections (d), (e), and (f) as
            subsections (h), (i), and (j), respectively;
                (4) by striking subsection (g);
                (5) by inserting after subsection (c) the following:
        ``(d) Transportation Data Base.--
                ``(1) In general.--In consultation with the Associate
            Deputy Secretary, the Assistant Secretaries, and the heads of
            the operating administrations of the Department of
            Transportation, the Director shall establish and maintain a
            transportation data base for all modes of transportation.
                ``(2) Use.--The data base shall be suitable for analyses
            carried out by the Federal Government, the States, and
            metropolitan planning organizations.
                ``(3) Contents.--The data base shall include--
                        ``(A) information on the volumes and patterns of
                    movement of goods, including local, interregional, and
                    international movement, by all modes of transportation
                    and intermodal combinations, and by relevant
                    classification;
                        ``(B) information on the volumes and patterns of
                    movement of people, including local, interregional, and
                    international movements, by all modes of transportation
                    (including bicycle and pedestrian modes) and intermodal
                    combinations, and by relevant classification;
                        ``(C) information on the location and connectivity
                    of transportation facilities and services; and
                        ``(D) a national accounting of expenditures and
                    capital stocks on each mode of transportation and
                    intermodal combination.
        ``(e) National Transportation Library.--
                ``(1) In general.--The Director shall establish and
            maintain a National Transportation Library, which shall contain
            a collection of statistical and other information needed for
            transportation decisionmaking at the Federal, State, and local
            levels.
                ``(2) Access.--The Bureau shall facilitate and promote
            access to the Library, with the goal of improving the ability
            of the transportation community to share information and the
            ability of the Bureau to make statistics readily accessible
            under subsection (c)(5).
                ``(3) Coordination.--The Bureau shall work with other
            transportation libraries and other transportation information
            providers, both public and private, to achieve the goal
            specified in paragraph (2).
        ``(f) National Transportation Atlas Data Base.--
                ``(1) In general.--The Director shall develop and maintain
            geospatial data bases that depict--
                        ``(A) transportation networks;
                        ``(B) flows of people, goods, vehicles, and craft
                    over the networks; and
                        ``(C) social, economic, and environmental
                    conditions that affect or are affected by the networks.
                ``(2) Intermodal network analysis.--The data bases shall be
            able to support intermodal network analysis.
        ``(g) Research and Development Grants.--The Secretary may make
    grants to, or enter into cooperative agreements or contracts with,
    public and nonprofit private entities (including State departments of
    transportation, metropolitan planning organizations, and institutions
    of higher education) for--
                ``(1) investigation of the subjects specified in subsection
            (c)(1) and research and development of new methods of data
            collection, management, integration, dissemination,
            interpretation, and analysis;
                ``(2) development of electronic clearinghouses of
            transportation data and related information, as part of the
            National Transportation Library under subsection (e); and
                ``(3) development and improvement of methods for sharing
            geographic data, in support of the national transportation
            atlas data base under subsection (f) and the National Spatial
            Data Infrastructure developed under Executive Order No.
            12906.'';
                (6) by striking subsection (i) (as redesignated by
            paragraph (3)) and inserting the following:
        ``(i) Prohibition on Certain Disclosures.--
                ``(1) In general.--An officer or employee of the Bureau may
            not--
                        ``(A) make any disclosure in which the data
                    provided by an individual or organization under
                    subsection (c)(2) can be identified;
                        ``(B) use the information provided under subsection
                    (c)(2) for a nonstatistical purpose; or
                        ``(C) permit anyone other than an individual
                    authorized by the Director to examine any individual
                    report provided under subsection (c)(2).
                ``(2) Prohibition on requests for certain data.--
                        ``(A) Government agencies.--No department, bureau,
                    agency, officer, or employee of the United States
                    (except the Director in carrying out this section) may
                    require, for any reason, a copy of any report that has
                    been filed under subsection (c)(2) with the Bureau or
                    retained by an individual respondent.
                        ``(B) Courts.--Any copy of a report described in
                    subparagraph (A) that has been retained by an
                    individual respondent or filed with the Bureau or any
                    of its employees, contractors, or agents--
                                ``(i) shall be immune from legal process;
                            and
                                ``(ii) shall not, without the consent of
                            the individual concerned, be admitted as
                            evidence or used for any purpose in any action,
                            suit, or other judicial or administrative
                            proceeding.
                        ``(C) Applicability.--This paragraph shall apply
                    only to information that permits information concerning
                    an individual or organization to be reasonably inferred
                    by direct or indirect means.
                ``(3) Data collected for nonstatistical purposes.--In a
            case in which the Bureau is authorized by statute to collect
            data or information for a nonstatistical purpose, the Director
            shall clearly distinguish the collection of the data or
            information, by rule and on the collection instrument, so as to
            inform a respondent that is requested or required to supply the
            data or information of the nonstatistical purpose.'';
                (7) in subsection (j) (as redesignated by paragraph (3)),
            by striking ``On or before January 1, 1994, and annually
            thereafter, the'' and inserting ``The''; and
                (8) by adding at the end the following:
        ``(k) Study.--
                ``(1) In general.--The Director shall carry out a study--
                        ``(A) to measure the ton-miles and value-miles of
                    international trade traffic carried by highway for each
                    State;
                        ``(B) to evaluate the accuracy and reliability of
                    such measures for use in the formula for highway
                    apportionments;
                        ``(C) to evaluate the accuracy and reliability of
                    the use of diesel fuel data as a measure of
                    international trade traffic by State; and
                        ``(D) to identify needed improvements in long-term
                    data collection programs to provide accurate and
                    reliable measures of international traffic for use in
                    the formula for highway apportionments.
                ``(2) Basis for evaluations.--The study shall evaluate the
            accuracy and reliability of measures for use as formula factors
            based on statistical quality standards developed by the Bureau
            in consultation with the Committee on National Statistics of
            the National Academy of Sciences.
                ``(3) Report.--Not later than 3 years after the date of
            enactment of this subsection, the Director shall submit to the
            Committee on Environment and Public Works of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives a report on the results of the study carried
            out under paragraph (1), including recommendations for changes
            in law necessary to implement the identified needs for
            improvements in long-term data collection programs.
        ``(l) Proceeds of Data Product Sales.--Notwithstanding section 3302
    of title 31, United States Code, funds received by the Bureau from the
    sale of data products, for necessary expenses incurred, may be credited
    to the Highway Trust Fund (other than the Mass Transit Account) for the
    purpose of reimbursing the Bureau for the expenses.
        ``(m) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $26,000,000 for fiscal year 1998,
            $27,000,000 for fiscal year 1999, $28,000,000 for fiscal year
            2000, $29,000,000 for fiscal year 2001, $30,000,000 for fiscal
            year 2002, and $31,000,000 for fiscal year 2003, except that
            not more than $500,000 for each fiscal year may be made
            available to carry out subsection (g).
                ``(2) Availability.--Funds authorized under this subsection
            shall remain available for a period of 3 years after the last
            day of the fiscal year for which the funds are authorized.
                ``(3) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1 of title
            23.''.
        (b) Conforming Amendments.--Section 5503 of title 49, United States
    Code, is amended--
                (1) by striking subsection (d); and
                (2) by redesignating subsections (e), (f), and (g) as
            subsections (d), (e), and (f), respectively.

    SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.

        Title 23, United States Code, is amended--
                (1) in the table of chapters, by adding at the end the
            following:

    ``5. Research and Technology................................     501'';
            and
                (2) by adding at the end the following:

                      ``CHAPTER 5--RESEARCH AND TECHNOLOGY

                     ``SUBCHAPTER I--RESEARCH AND TRAINING

    ``Sec.
    ``501. Definitions.
    ``502. Research and technology program.
    ``503. Advanced research program.
    ``504. Long-term pavement performance program.
    ``505. State planning and research program.
    ``506. Education and training.
    ``507. International highway transportation outreach program.
    ``508. National technology deployment initiatives and partnerships
                                program.
    ``509. Infrastructure investment needs report.
    ``510. Innovative bridge research and construction program.
    ``511. Study of future strategic highway research program.
    ``512. Transportation and environment cooperative research program.
    ``513. Recycled materials resource center.

              ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS

    ``521. Purposes.
    ``522. Definitions.
    ``523. Cooperation, consultation, and analysis.
    ``524. Research, development, and training.
    ``525. Intelligent transportation system integration program.
    ``526. Integration program for rural areas.
    ``527. Commercial vehicle intelligent transportation system
                                infrastructure.
    ``528. Corridor development and coordination.
    ``529. Standards.
    ``530. Funding limitations.
    ``531. Use of innovative financing.
    ``532. Advisory committees.

                           ``SUBCHAPTER III--FUNDING

    ``541. Funding.

                     ``SUBCHAPTER I--RESEARCH AND TRAINING

    ``Sec. 501. Definitions
        ``In this chapter:
                ``(1) Safety.--The term `safety' includes highway and
            traffic safety systems, research, and development relating to
            vehicle, highway, driver, passenger, bicyclist, and pedestrian
            characteristics, accident investigations, communications,
            emergency medical care, and transportation of the injured.
                ``(2) Federal laboratory.--The term `Federal laboratory'
            includes a Government-owned, Government-operated laboratory and
            a Government-owned, contractor-operated laboratory.
    ``Sec. 502. Research and technology program
        ``(a) General Authority and Collaborative Agreements.--
                ``(1) Authority of the secretary.--
                        ``(A) In general.--The Secretary--
                                ``(i) shall carry out research,
                            development, and technology transfer activities
                            with respect to--
                                        ``(I) motor carrier transportation;
                                        ``(II) all phases of transportation
                                    planning and development (including
                                    construction, operation, modernization,
                                    development, design, maintenance,
                                    safety, financing, and traffic
                                    conditions); and
                                        ``(III) the effect of State laws on
                                    the activities described in subclauses
                                    (I) and (II); and
                                ``(ii) may test, develop, or assist in
                            testing and developing any material, invention,
                            patented article, or process.
                        ``(B) Cooperation, grants, and contracts.--The
                    Secretary may carry out this section--
                                ``(i) independently;
                                ``(ii) in cooperation with other Federal
                            departments, agencies, and instrumentalities
                            and multipurpose Federal laboratories; or
                                ``(iii) by making grants to, or entering
                            into contracts, cooperative agreements, and
                            other transactions with, the National Academy
                            of Sciences, the American Association of State
                            Highway and Transportation Officials, any
                            Federal laboratory, any State agency,
                            authority, association, institution, for-profit
                            or nonprofit corporation, organization, foreign
                            country, or person.
                        ``(C) Technical innovation.--The Secretary shall
                    develop and carry out programs to facilitate the
                    application of such products of research and technical
                    innovations as will improve the safety, efficiency, and
                    effectiveness of the transportation system.
                        ``(D) Funds.--
                                ``(i) In general.--Except as otherwise
                            specifically provided in other sections of this
                            chapter--
                                        ``(I) to carry out this section,
                                    the Secretary shall use--
                                                ``(aa) funds made available
                                            under section 541 for research,
                                            technology, and training; and
                                                ``(bb) such funds as may be
                                            deposited by any cooperating
                                            organization or person in a
                                            special account of the Treasury
                                            established for this purpose;
                                            and
                                        ``(II) the funds described in item
                                    (aa) shall remain available for
                                    obligation for a period of 3 years
                                    after the last day of the fiscal year
                                    for which the funds are authorized.
                                ``(ii) Use of funds.--The Secretary shall
                            use funds described in clause (i) to develop,
                            administer, communicate, and promote the use of
                            products of research, development, and
                            technology transfer programs under this
                            section.
                ``(2) Collaborative research and development.--
                        ``(A) In general.--To encourage innovative
                    solutions to surface transportation problems and
                    stimulate the deployment of new technology, the
                    Secretary may carry out, on a cost-shared basis,
                    collaborative research and development with--
                                ``(i) non-Federal entities, including State
                            and local governments, foreign governments,
                            colleges and universities, corporations,
                            institutions, partnerships, sole
                            proprietorships, and trade associations that
                            are incorporated or established under the laws
                            of any State; and
                                ``(ii) multipurpose Federal laboratories.
                        ``(B) Agreements.--In carrying out this paragraph,
                    the Secretary may enter into cooperative research and
                    development agreements (as defined in section 12 of the
                    Stevenson-Wydler Technology Innovation Act of 1980 (15
                    U.S.C. 3710a)).
                        ``(C) Federal share.--
                                ``(i) In general.--The Federal share of the
                            cost of activities carried out under a
                            cooperative research and development agreement
                            entered into under this paragraph shall not
                            exceed 50 percent, except that if there is
                            substantial public interest or benefit, the
                            Secretary may approve a greater Federal share.
                                ``(ii) Non-federal share.--All costs
                            directly incurred by the non-Federal partners,
                            including personnel, travel, and hardware
                            development costs, shall be credited toward the
                            non-Federal share of the cost of the activities
                            described in clause (i).
                        ``(D) Use of technology.--The research,
                    development, or use of a technology under a cooperative
                    research and development agreement entered into under
                    this paragraph, including the terms under which the
                    technology may be licensed and the resulting royalties
                    may be distributed, shall be subject to the Stevenson-
                    Wydler Technology Innovation Act of 1980 (15 U.S.C.
                    3701 et seq.).
                ``(3) Waiver of advertising requirements.--Section 3709 of
            the Revised Statutes (41 U.S.C. 5) shall not apply to a
            contract or agreement entered into under this chapter.
        ``(b) Mandatory Elements of Program.--The Secretary shall include
    in the surface transportation research, development, and technology
    transfer programs under this section and as specified elsewhere in this
    title--
                ``(1) a coordinated long-term program of research for the
            development, use, and dissemination of performance indicators
            to measure the performance of the surface transportation
            systems of the United States, including indicators for
            productivity, efficiency, energy use, air quality, congestion,
            safety, maintenance, and other factors that reflect the overall
            performance of the system; and
                ``(2) a program to strengthen and expand surface
            transportation infrastructure research, development, and
            technology transfer, which shall include, at a minimum--
                        ``(A) methods and materials for improving the
                    durability of surface transportation infrastructure
                    facilities and extending the life of bridge structures,
                    including new and innovative technologies to reduce
                    corrosion;
                        ``(B) a research and development program directed
                    toward the reduction of costs, and the mitigation of
                    impacts, associated with the construction of highways
                    and mass transit systems;
                        ``(C) a surface transportation research program to
                    develop nondestructive evaluation equipment for use
                    with existing infrastructure facilities and with next-
                    generation infrastructure facilities that use advanced
                    materials;
                        ``(D)(i) information technology, including
                    appropriate computer programs to collect and analyze
                    data on the status of infrastructure facilities
                    described in subparagraph (C) with respect to enhancing
                    management, growth, and capacity; and
                        ``(ii) dynamic simulation models of surface
                    transportation systems for--
                                ``(I) predicting capacity, safety, and
                            infrastructure durability problems;
                                ``(II) evaluating planned research
                            projects; and
                                ``(III) testing the strengths and
                            weaknesses of proposed revisions to surface
                            transportation operation programs;
                        ``(E) new innovative technologies to enhance and
                    facilitate field construction and rehabilitation
                    techniques for minimizing disruption during repair and
                    maintenance of structures;
                        ``(F) initiatives to improve the ability of the
                    United States to respond to emergencies and natural
                    disasters and to enhance national defense mobility;
                        ``(G) an evaluation of traffic calming measures
                    that promote community preservation, transportation
                    mode choice, and safety; and
                        ``(H) research on telecommuting, research on the
                    linkages between transportation, information
                    technology, and community development, and research on
                    the impacts of technological change and economic
                    restructuring on travel demand.
        ``(c) Report on Goals, Milestones, and Accomplishments.--The goals,
    milestones, and accomplishments relevant to each of the mandatory
    program elements described in subsection (b) shall be specified in the
    report required under section 5221(d) of title 49.''.

    SEC. 2006. ADVANCED RESEARCH PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as added
    by section 2005), is amended by adding at the end the following:
    ``Sec. 503. Advanced research program
        ``(a) Establishment.--
                ``(1) In general.--The Secretary shall establish an
            advanced research program within the Federal Highway
            Administration to address longer-term, higher-risk research
            that shows potential benefits for improving the durability,
            mobility, efficiency, environmental impact, productivity, and
            safety of transportation systems.
                ``(2) Development of partnerships.--In carrying out the
            program, the Secretary shall attempt to develop partnerships
            with the public and private sectors.
        ``(b) Grants, Cooperative Agreements, and Contracts.--Under the
    program, the Secretary may make grants and enter into cooperative
    agreements and contracts for advanced research.
        ``(c) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $5,000,000 for fiscal year 1998,
            $7,000,000 for fiscal year 1999, $9,000,000 for fiscal year
            2000, and $10,000,000 for each of fiscal years 2001 through
            2003.
                ``(2) Contract authority.--Funds authorized under this
            section shall be available for obligation in the same manner as
            if the funds were apportioned under chapter 1, except that the
            Federal share of the cost of any activity funded under this
            subsection shall be determined by the Secretary.''.

    SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2006), is amended by adding at the end the
    following:
    ``Sec. 504. Long-term pavement performance program
        ``(a) Authority.--The Secretary shall complete the long-term
    pavement performance program tests initiated under the strategic
    highway research program established under section 307(d) (as in effect
    on the day before the date of enactment of this section) and continued
    by the Intermodal Surface Transportation Efficiency Act of 1991 (Public
    Law 102-240) through the midpoint of a planned 20-year life of the
    long-term pavement performance program (referred to in this section as
    the `program').
        ``(b) Grants, Cooperative Agreements, and Contracts.--Under the
    program, the Secretary shall make grants and enter into cooperative
    agreements and contracts to--
                ``(1) monitor, material-test, and evaluate highway test
            sections in existence as of the date of the grant, agreement,
            or contract;
                ``(2) analyze the data obtained in carrying out paragraph
            (1); and
                ``(3) prepare products to fulfill program objectives and
            meet future pavement technology needs.
        ``(c) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $15,000,000 for each of fiscal years
            1998 through 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1, except that--
                        ``(A) the Federal share of the cost of any activity
                    funded under this section shall be determined by the
                    Secretary; and
                        ``(B) the funds shall remain available for
                    obligation for a period of 3 years after the last day
                    of the fiscal year for which the funds are
                    authorized.''.

    SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2007), is amended by adding at the end the
    following:
    ``Sec. 505. State planning and research program
        ``(a) In General.--
                ``(1) Availability of funds.--Two percent of the sums
            apportioned for fiscal year 1998 and each fiscal year
            thereafter to any State under section 104 (except section
            104(f)) and any transfers or additions to the surface
            transportation program under section 133 shall be available for
            expenditure by the State transportation department, in
            consultation with the Secretary, in accordance with this
            section.
                ``(2) Use of funds.--The sums referred to in paragraph (1)
            shall be available only for--
                        ``(A) intermodal metropolitan, statewide, and
                    nonmetropolitan planning under sections 134 and 135;
                        ``(B) development and implementation of management
                    systems referred to in section 303;
                        ``(C) studies, research, development, and
                    technology transfer activities necessary for the
                    planning, design, construction, management, operation,
                    maintenance, regulation, and taxation of the use of
                    surface transportation systems, including training and
                    accreditation of inspection and testing on engineering
                    standards and construction materials for the systems;
                    and
                        ``(D) studies of the economy, safety, and
                    convenience of surface transportation usage and the
                    desirable regulation and equitable taxation of surface
                    transportation usage.
        ``(b) Minimum Expenditures on Studies, Research, Development, and
    Technology Transfer Activities.--
                ``(1) In general.--For each fiscal year, not less than 25
            percent of the funds of a State that are subject to subsection
            (a) shall be expended by the State transportation department
            for studies, research, development, and technology transfer
            activities described in subparagraphs (C) and (D) of subsection
            (a)(2) unless the State certifies to the Secretary for the
            fiscal year that the total expenditures by the State
            transportation department for transportation planning under
            sections 134 and 135 will exceed 75 percent of the amount of
            the funds and the Secretary accepts the certification.
                ``(2) Exemption from small business assessment.--Funds
            expended under paragraph (1) shall not be considered to be part
            of the extramural budget of the agency for the purpose of
            section 9 of the Small Business Act (15 U.S.C. 638).
        ``(c) Federal Share.--The Federal share of the cost of a project
    financed with funds referred to in subsection (a) shall be 80 percent
    unless the Secretary determines that the interests of the Federal-aid
    highway program would be best served by decreasing or eliminating the
    non-Federal share.
        ``(d) Administration of Funds.--Funds referred to in subsection (a)
    shall be combined and administered by the Secretary as a single fund,
    which shall be available for obligation for the same period as funds
    apportioned under section 104(b)(1).''.

    SEC. 2009. EDUCATION AND TRAINING.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2008), is amended by adding at the end the
    following:
    ``Sec. 506. Education and training
        ``(a) Local Technical Assistance Program.--
                ``(1) Authority.--The Secretary shall carry out a
            transportation assistance program that will provide access to
            modern highway technology to--
                        ``(A) highway and transportation agencies in
                    urbanized areas with populations of between 50,000 and
                    1,000,000 individuals;
                        ``(B) highway and transportation agencies in rural
                    areas; and
                        ``(C) contractors that do work for the agencies.
                ``(2) Grants, cooperative agreements, and contracts.--The
            Secretary may make grants and enter into cooperative agreements
            and contracts to provide education and training, technical
            assistance, and related support services that will--
                        ``(A) assist rural, local transportation agencies
                    and tribal governments, and the consultants and
                    construction personnel working for the agencies and
                    governments, to--
                                ``(i) develop and expand their expertise in
                            road and transportation areas (including
                            pavement, bridge, safety management systems,
                            and traffic safety countermeasures);
                                ``(ii) improve roads and bridges;
                                ``(iii) enhance--
                                        ``(I) programs for the movement of
                                    passengers and freight; and
                                        ``(II) intergovernmental
                                    transportation planning and project
                                    selection; and
                                ``(iv) deal effectively with special
                            transportation-related problems by preparing
                            and providing training packages, manuals,
                            guidelines, and technical resource materials;
                        ``(B) identify, package, and deliver transportation
                    technology and traffic safety information to local
                    jurisdictions to assist urban transportation agencies
                    in developing and expanding their ability to deal
                    effectively with transportation-related problems;
                        ``(C) operate, in cooperation with State
                    transportation departments and universities--
                                ``(i) local technical assistance program
                            centers to provide transportation technology
                            transfer services to rural areas and to
                            urbanized areas with populations of between
                            50,000 and 1,000,000 individuals; and
                                ``(ii) local technical assistance program
                            centers designated to provide transportation
                            technical assistance to Indian tribal
                            governments; and
                        ``(D) allow local transportation agencies and
                    tribal governments, in cooperation with the private
                    sector, to enhance new technology implementation.
                ``(3) Authorization of contract authority.--
                        ``(A) In general.--There shall be available from
                    the Highway Trust Fund (other than the Mass Transit
                    Account) $7,000,000 for fiscal year 1998, $7,000,000
                    for fiscal year 1999, $7,000,000 for fiscal year 2000,
                    $8,000,000 for fiscal year 2001, $8,000,000 for fiscal
                    year 2002, and $8,000,000 for fiscal year 2003 to be
                    used to develop and administer the program established
                    under this section and to provide technical and
                    financial support for the centers operated under
                    paragraph (2)(C).
                        ``(B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1, except that--
                                ``(i) the Federal share of the cost of any
                            activity under this subsection shall be
                            determined by the Secretary; and
                                ``(ii) the funds shall remain available for
                            obligation for a period of 3 years after the
                            last day of the fiscal year for which the funds
                            are authorized.
        ``(b) National Highway Institute.--
                ``(1) Establishment; duties; programs.--
                        ``(A) Establishment.--The Secretary shall establish
                    and operate in the Federal Highway Administration a
                    National Highway Institute (referred to in this
                    subsection as the `Institute').
                        ``(B) Duties.--
                                ``(i) Institute.--In cooperation with State
                            transportation departments, United States
                            industry, and any national or international
                            entity, the Institute shall develop and
                            administer education and training programs of
                            instruction for--
                                        ``(I) Federal Highway
                                    Administration, State, and local
                                    transportation agency employees;
                                        ``(II) regional, State, and
                                    metropolitan planning organizations;
                                        ``(III) State and local police,
                                    public safety, and motor vehicle
                                    employees; and
                                        ``(IV) United States citizens and
                                    foreign nationals engaged or to be
                                    engaged in surface transportation work
                                    of interest to the United States.
                                ``(ii) Secretary.--The Secretary shall
                            administer, through the Institute, the
                            authority vested in the Secretary by this title
                            or by any other law for the development and
                            conduct of education and training programs
                            relating to highways.
                        ``(C) Types of programs.--Programs that the
                    Institute may develop and administer may include
                    courses in modern developments, techniques, methods,
                    regulations, management, and procedures relating to--
                                ``(i) surface transportation;
                                ``(ii) environmental factors;
                                ``(iii) acquisition of rights-of-way;
                                ``(iv) relocation assistance;
                                ``(v) engineering;
                                ``(vi) safety;
                                ``(vii) construction;
                                ``(viii) maintenance;
                                ``(ix) operations;
                                ``(x) contract administration;
                                ``(xi) motor carrier activities;
                                ``(xii) inspection; and
                                ``(xiii) highway finance.
                ``(2) Set-aside; federal share.--Not to exceed \1/4\ of 1
            percent of the funds apportioned to a State under section
            104(b)(3) for the surface transportation program shall be
            available for expenditure by the State transportation
            department for the payment of not to exceed 80 percent of the
            cost of tuition and direct educational expenses (excluding
            travel, subsistence, or salaries) in connection with the
            education and training of employees of State and local
            transportation agencies in accordance with this subsection.
                ``(3) Federal responsibility.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), education and training of employees
                    of Federal, State, and local transportation (including
                    highway) agencies authorized under this subsection may
                    be provided--
                                ``(i) by the Secretary at no cost to the
                            States and local governments if the Secretary
                            determines that provision at no cost is in the
                            public interest; or
                                ``(ii) by the State through grants,
                            cooperative agreements, and contracts with
                            public and private agencies, institutions,
                            individuals, and the Institute.
                        ``(B) Payment of full cost by private persons.--
                    Private agencies, international or foreign entities,
                    and individuals shall pay the full cost of any
                    education and training received by them unless the
                    Secretary determines that a lower cost is of critical
                    importance to the public interest.
                ``(4) Training fellowships; cooperation.--The Institute
            may--
                        ``(A) engage in training activities authorized
                    under this subsection, including the granting of
                    training fellowships; and
                        ``(B) carry out its authority independently or in
                    cooperation with any other branch of the Federal
                    Government or any State agency, authority, association,
                    institution, for-profit or nonprofit corporation, other
                    national or international entity, or other person.
                ``(5) Collection of fees.--
                        ``(A) General rule.--In accordance with this
                    subsection, the Institute may assess and collect fees
                    solely to defray the costs of the Institute in
                    developing or administering education and training
                    programs under this subsection.
                        ``(B) Limitation.--Fees may be assessed and
                    collected under this subsection only in a manner that
                    may reasonably be expected to result in the collection
                    of fees during any fiscal year in an aggregate amount
                    that does not exceed the aggregate amount of the costs
                    referred to in subparagraph (A) for the fiscal year.
                        ``(C) Persons subject to fees.--Fees may be
                    assessed and collected under this subsection only with
                    respect to--
                                ``(i) persons and entities for whom
                            education or training programs are developed or
                            administered under this subsection; and
                                ``(ii) persons and entities to whom
                            education or training is provided under this
                            subsection.
                        ``(D) Amount of fees.--The fees assessed and
                    collected under this subsection shall be established in
                    a manner that ensures that the liability of any person
                    or entity for a fee is reasonably based on the
                    proportion of the costs referred to in subparagraph (A)
                    that relate to the person or entity.
                        ``(E) Use.--All fees collected under this
                    subsection shall be used to defray costs associated
                    with the development or administration of education and
                    training programs authorized under this subsection.
                ``(6) Funding.--
                        ``(A) Authorization of contract authority.--There
                    shall be available from the Highway Trust Fund (other
                    than the Mass Transit Account) to carry out this
                    subsection $5,000,000 for fiscal year 1998, $5,000,000
                    for fiscal year 1999, $5,000,000 for fiscal year 2000,
                    $6,000,000 for fiscal year 2001, $6,000,000 for fiscal
                    year 2002, and $6,000,000 for fiscal year 2003.
                        ``(B) Relation to fees.--The funds provided under
                    this paragraph may be combined with or held separate
                    from the fees collected under paragraph (5).
                        ``(C) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1, except that--
                                ``(i) the Federal share of the cost of any
                            activity under this subsection shall be
                            determined by the Secretary; and
                                ``(ii) the funds shall remain available for
                            obligation for a period of 1 year after the
                            last day of the fiscal year for which the funds
                            are authorized.
                ``(7) Contracts.--Section 3709 of the Revised Statutes (41
            U.S.C. 5) shall not apply to a contract or agreement entered
            into under this subsection.
        ``(c) Dwight David Eisenhower Transportation Fellowship Program.--
                ``(1) General authority.--The Secretary, acting
            independently or in cooperation with other Federal departments,
            agencies, and instrumentalities, may make grants for
            fellowships for any purpose for which research, technology, or
            capacity building is authorized under this chapter.
                ``(2) Dwight david eisenhower transportation fellowship
            program.--
                        ``(A) In general.--The Secretary shall carry out a
                    transportation fellowship program, to be known as the
                    `Dwight David Eisenhower Transportation Fellowship
                    Program', for the purpose of attracting qualified
                    students to the field of transportation.
                        ``(B) Types of fellowships.--The program shall
                    offer fellowships at the junior through postdoctoral
                    levels of college education.
                        ``(C) Citizenship.--Each recipient of a fellowship
                    under the program shall be a United States citizen.
                ``(3) Authorization of contract authority.--
                        ``(A) In general.--There shall be available from
                    the Highway Trust Fund (other than the Mass Transit
                    Account) to carry out this subsection $2,000,000 for
                    each of fiscal years 1998 through 2003.
                        ``(B) Contract authority.--Funds authorized under
                    this paragraph shall be available for obligation in the
                    same manner as if the funds were apportioned under
                    chapter 1, except that--
                                ``(i) the Federal share of the cost of any
                            activity funded under this subsection shall be
                            determined by the Secretary; and
                                ``(ii) the funds shall remain available for
                            obligation for a period of 1 year after the
                            last day of the fiscal year for which the funds
                            are authorized.
        ``(d) Highway Construction Training Programs.--
                ``(1) Use of funds by the secretary.--
                        ``(A) In general.--The Secretary, in cooperation
                    with any other department or agency of the Federal
                    Government, State agency, authority, association,
                    institution, Indian tribal government, for-profit or
                    nonprofit corporation, or other organization or person,
                    may--
                                ``(i) develop, conduct, and administer
                            highway construction and technology training,
                            including skill improvement, programs; and
                                ``(ii) develop and fund Summer
                            Transportation Institutes.
                        ``(B) Waiver of advertising requirements.--Section
                    3709 of the Revised Statutes (41 U.S.C. 5) shall not
                    apply to a contract or agreement entered into by the
                    Secretary under this subsection.
                        ``(C) Funding.--
                                ``(i) In general.--Before making
                            apportionments under section 104(b) for a
                            fiscal year, the Secretary shall deduct such
                            sums as the Secretary determines are necessary,
                            but not to exceed $10,000,000 for each fiscal
                            year, to carry out this subsection.
                                ``(ii) Availability.--Sums deducted under
                            clause (i) shall remain available until
                            expended.
                ``(2) Use of funds apportioned to states.--Notwithstanding
            any other provision of law, upon request of a State
            transportation department to the Secretary, not to exceed \1/2\
            of 1 percent of the funds apportioned to the State for a fiscal
            year under paragraphs (1) and (3) of section 104(b) may be made
            available to carry out this subsection.
                ``(3) Reservation of training positions for individuals
            receiving welfare assistance.--In carrying out this subsection,
            the Secretary and States may reserve training positions for
            individuals who receive welfare assistance from a State.''.

    SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.

        (a) In General.--Title 23, United States Code, is amended--
                (1) by redesignating section 325 as section 507;
                (2) by moving that section to appear at the end of
            subchapter I of chapter 5 (as amended by section 2009);
                (3) in subsection (a) of that section, by inserting ``,
            goods, and services'' after ``expertise''; and
                (4) by striking subsection (c) of that section and
            inserting the following:
        ``(c) Use of Funds.--
                ``(1) Funds deposited in special account.--Funds available
            to carry out this section shall include funds deposited by any
            cooperating organization or person in a special account for the
            program established under this section with the Secretary of
            the Treasury.
                ``(2) Use of funds.--The funds deposited in the special
            account and other funds available to carry out this section
            shall be available to pay the cost of any activity eligible
            under this section, including the cost of promotional
            materials, travel, reception and representation expenses, and
            salaries and benefits of officers and employees of the
            Department of Transportation.
                ``(3) Reimbursements.--Reimbursements for the salaries and
            benefits of Federal Highway Administration employees who
            provide services under this section shall be credited to the
            special account.
        ``(d) Eligible Use of State Planning and Research Funds.--A State,
    in coordination with the Secretary, may obligate funds made available
    to carry out section 505 for any activity authorized under subsection
    (a).''.
        (b) Conforming Amendment.--The analysis for chapter 3 of title 23,
    United States Code, is amended by striking the item relating to section
    325.

    SEC. 2011. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVES AND PARTNERSHIPS
                  PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2010), is amended by adding at the end the
    following:
    ``Sec. 508. National technology deployment initiatives and partnerships
                  program
        ``(a) Establishment.--The Secretary shall develop and administer a
    national technology deployment initiatives and partnerships program
    (referred to in this section as the `program').
        ``(b) Purpose.--The purpose of the program is to significantly
    accelerate the adoption of innovative technologies by the surface
    transportation community.
        ``(c) Deployment Goals.--
                ``(1) Establishment.--Not later than 180 days after the
            date of enactment of this Act, the Secretary shall establish
            not more than 5 deployment goals to carry out subsection (a).
                ``(2) Design.--Each of the goals and the program developed
            to achieve the goals shall be designed to provide tangible
            benefits, with respect to transportation systems, in the areas
            of efficiency, safety, reliability, service life, environmental
            protection, or sustainability.
                ``(3) Strategies for achievement.--For each goal, the
            Secretary, in cooperation with representatives of the
            transportation community such as States, local governments, the
            private sector, and academia, shall use domestic and
            international technology to develop strategies and initiatives
            to achieve the goal, including technical assistance in
            deploying technology and mechanisms for sharing information
            among program participants.
        ``(d) Continuation of SHRP Partnerships.--Under the program, the
    Secretary shall continue the partnerships established through the
    strategic highway research program established under section 307(d) (as
    in effect on the day before the date of enactment of this section).
        ``(e) Grants, Cooperative Agreements, and Contracts.--Under the
    program, the Secretary may make grants and enter into cooperative
    agreements and contracts to foster alliances and support efforts to
    stimulate advances in transportation technology, including--
                ``(1) the testing and evaluation of products of the
            strategic highway research program;
                ``(2) the further development and implementation of
            technology in areas such as the Superpave system and the use of
            lithium salts to prevent and mitigate alkali silica reactivity;
            and
                ``(3) the provision of support for long-term pavement
            performance product implementation and technology access.
        ``(f) Reports.--Not later than 18 months after the date of
    enactment of this section, and biennially thereafter, the Secretary
    shall submit to the Committee on Environment and Public Works of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives a report on the progress and results of
    activities carried out under this section.
        ``(g) Funding.--
                ``(1) Authorization of contract authority.--There shall be
            available from the Highway Trust Fund (other than the Mass
            Transit Account) to carry out this section $50,000,000 for each
            of fiscal years 1998 through 2003, of which not less than
            $500,000 shall be made available to carry out the study under
            section 511.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1, except that--
                        ``(A) the Federal share of the cost of any activity
                    under this section shall be determined by the
                    Secretary; and
                        ``(B) the funds shall remain available for
                    obligation for a period of 3 years after the last day
                    of the fiscal year for which the funds are authorized.
                ``(3) Allocation.--To the extent appropriate to achieve the
            goals established under subsection (c), the Secretary may
            further allocate funds made available under this subsection to
            States for their use.''.

    SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2011), is amended by adding at the end the
    following:
    ``Sec. 509. Infrastructure investment needs report
        ``(a) In General.--Not later than January 31, 1999, and January 31
    of every second year thereafter, the Secretary shall report to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives on--
                ``(1) estimates of the future highway and bridge needs of
            the United States; and
                ``(2) the backlog of current highway and bridge needs.
        ``(b) Format.--Each report under subsection (a) shall, at a
    minimum, include explanatory materials, data, and tables comparable in
    format to the report submitted in 1995 under section 307(h) (as in
    effect on the day before the date of enactment of this section).''.

    SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2012), is amended by adding at the end the
    following:
    ``Sec. 510. Innovative bridge research and construction program
        ``(a) In General.--The Secretary shall establish and carry out a
    program to demonstrate the application of innovative material
    technology in the construction of bridges and other structures.
        ``(b) Goals.--The goals of the program shall include--
                ``(1) the development of new, cost-effective innovative
            material highway bridge applications;
                ``(2) the reduction of maintenance costs and life-cycle
            costs of bridges, including the costs of new construction,
            replacement, or rehabilitation of deficient bridges;
                ``(3) the development of construction techniques to
            increase safety and reduce construction time and traffic
            congestion;
                ``(4) the development of engineering design criteria for
            innovative products and materials for use in highway bridges
            and structures;
                ``(5) the development of cost-effective and innovative
            techniques to separate vehicle and pedestrian traffic from
            railroad traffic;
                ``(6) the development of highway bridges and structures
            that will withstand natural disasters, including alternative
            processes for the seismic retrofit of bridges; and
                ``(7) the development of new nondestructive bridge
            evaluation technologies and techniques.
        ``(c) Grants, Cooperative Agreements, and Contracts.--
                ``(1) In general.--Under the program, the Secretary shall
            make grants to, and enter into cooperative agreements and
            contracts with--
                        ``(A) States, other Federal agencies, universities
                    and colleges, private sector entities, and nonprofit
                    organizations to pay the Federal share of the cost of
                    research, development, and technology transfer
                    concerning innovative materials; and
                        ``(B) States to pay the Federal share of the cost
                    of repair, rehabilitation, replacement, and new
                    construction of bridges or structures that demonstrates
                    the application of innovative materials.
                ``(2) Grants.--
                        ``(A) Applications.--
                                ``(i) Submission.--To receive a grant under
                            this section, an entity described in paragraph
                            (1) shall submit an application to the
                            Secretary.
                                ``(ii) Contents.--The application shall be
                            in such form and contain such information as
                            the Secretary may require.
                        ``(B) Approval criteria.--The Secretary shall
                    select and approve applications for grants under this
                    section based on whether the project that is the
                    subject of the grant meets the goals of the program
                    described in subsection (b).
        ``(d) Technology and Information Transfer.--The Secretary shall
    take such action as is necessary to ensure that the information and
    technology resulting from research conducted under subsection (c) is
    made available to State and local transportation departments and other
    interested parties as specified by the Secretary.
        ``(e) Federal Share.--The Federal share of the cost of a project
    under this section shall be determined by the Secretary.
        ``(f) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account)--
                        ``(A) to carry out subsection (c)(1)(A) $1,000,000
                    for each of fiscal years 1998 through 2003; and
                        ``(B) to carry out subsection (c)(1)(B)--
                                ``(i) $10,000,000 for fiscal year 1998;
                                ``(ii) $15,000,000 for fiscal year 1999;
                                ``(iii) $17,000,000 for fiscal year 2000;
                            and
                                ``(iv) $20,000,000 for each of fiscal years
                            2001 through 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be made available for obligation in the same
            manner as if the funds were apportioned under chapter 1, except
            that the Federal share of the cost of a project under this
            section shall be determined in accordance with this section.''.

    SEC. 2014. USE OF BUREAU OF INDIAN AFFAIRS ADMINISTRATIVE FUNDS.

        Section 204(b) of title 23, United States Code, is amended in the
    last sentence by striking ``326'' and inserting ``506''.

    SEC. 2015. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2013), is amended by adding at the end the
    following:
    ``Sec. 511. Study of future strategic highway research program
        ``(a) Study.--
                ``(1) In general.--Not later than 120 days after the date
            of enactment of this section, the Secretary shall make a grant
            to, or enter into a cooperative agreement or contract with, the
            Transportation Research Board of the National Academy of
            Sciences (referred to in this section as the `Board') to
            conduct a study to determine the goals, purposes, research
            agenda and projects, administrative structure, and fiscal needs
            for a new strategic highway research program to replace the
            program established under section 307(d) (as in effect on the
            day before the date of enactment of this section), or a similar
            effort.
                ``(2) Consultation.--In conducting the study, the Board
            shall consult with the American Association of State Highway
            and Transportation Officials and such other entities as the
            Board determines to be necessary to the conduct of the study.
        ``(b) Report.--Not later than 5 years after making a grant or
    entering into a cooperative agreement or contract under subsection (a),
    the Board shall submit a final report on the results of the study to
    the Secretary, the Committee on Environment and Public Works of the
    Senate, and the Committee on Transportation and Infrastructure of the
    House of Representatives.''.

    SEC. 2016. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

        (a) In General.--Subchapter I of chapter 3 of subtitle I of title
    49, United States Code, is amended by adding at the end the following:
    ``Sec. 310. Advanced vehicle technologies program
        ``(a) Purposes.--The Secretary of Transportation, in coordination
    with other government agencies and private consortia, shall encourage
    and promote the research, development, and deployment of transportation
    technologies that will use technological advances in multimodal
    vehicles, vehicle components, environmental technologies, and related
    infrastructure to remove impediments to an efficient and cost-effective
    national transportation system.
        ``(b) Definition of Eligible Consortium.--In this section, the term
    `eligible consortium' means a consortium that receives funding under
    the Department of Defense Appropriations Act, 1993 (Public Law 102-396;
    106 Stat. 1876), and that comprises 2 or more of the following
    entities:
                ``(1) Businesses incorporated in the United States.
                ``(2) Public or private educational or research
            organizations located in the United States.
                ``(3) Entities of State or local governments in the United
            States.
                ``(4) Federal laboratories.
        ``(c) Program.--The Secretary shall enter into contracts,
    cooperative agreements, and other transactions as authorized by section
    2371 of title 10 with, and make grants to, eligible consortia to
    promote the development and deployment of innovation in transportation
    technology services, management, and operational practices.
        ``(d) Eligibility Criteria.--To be eligible to receive assistance
    under this section, an eligible consortium shall--
                ``(1) for a period of not less than the 3 years preceding
            the date of a contract, cooperative agreement, or other
            transaction, be organized on a statewide or multistate basis
            for the purpose of designing, developing, and deploying
            transportation technologies that address identified
            technological impediments in the transportation field;
                ``(2) facilitate the participation in the consortium of
            small- and medium-sized businesses, utilities, public
            laboratories and universities, and other relevant entities;
                ``(3) be actively engaged in transportation technology
            projects that address compliance in nonattainment areas under
            the Clean Air Act (42 U.S.C. 7401 et seq.);
                ``(4) be designed to use Federal and State funding to
            attract private capital in the form of grants or investments to
            carry out this section; and
                ``(5) ensure that at least 50 percent of the funding for
            the consortium project will be provided by non-Federal sources.
        ``(e) Proposals.--The Secretary shall prescribe such terms and
    conditions as the Secretary determines to be appropriate for the
    content and structure of proposals submitted for assistance under this
    section.
        ``(f) Reporting Requirements.--At least once each year, the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report on the projects
    undertaken by the eligible consortia and the progress made in advancing
    the purposes of this section.
        ``(g) Authorization of Appropriations.--
                ``(1) In general.--There is authorized to be appropriated
            to carry out this section $50,000,000 for each of fiscal years
            1998 through 2003, to remain available until expended.
                ``(2) Availability.--Notwithstanding section 118(a), funds
            made available under paragraph (1) shall not be available in
            advance of an annual appropriation.''.
        (b) Conforming Amendment.--The analysis for subchapter I of chapter
    3 of subtitle I of title 49, United States Code, is amended by adding
    at the end the following:

    ``310. Advanced vehicle technologies program.''.

    SEC. 2017. TRANSPORTATION AND ENVIRONMENT COOPERATIVE RESEARCH PROGRAM.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2015), is amended by adding at the end the
    following:
    ``Sec. 512. Transportation and environment cooperative research program
        ``(a) In General.--The Secretary shall establish and carry out a
    transportation and environment cooperative research program.
        ``(b) Advisory Board.--
                ``(1) Establishment.--In consultation with the Secretary of
            Energy and the Administrator of the Environmental Protection
            Agency, the Secretary shall establish an advisory board to
            recommend environmental and energy conservation research,
            technology, and technology transfer activities related to
            surface transportation.
                ``(2) Membership.--The advisory board shall include--
                        ``(A) representatives of State transportation and
                    environmental agencies;
                        ``(B) transportation and environmental scientists
                    and engineers; and
                        ``(C) representatives of metropolitan planning
                    organizations, transit operating agencies, and
                    environmental organizations.
                ``(3) Development of research priorities.--In developing
            recommendations for priorities for research described in
            paragraph (1), the advisory board shall consider the research
            recommendations of the National Research Council report
            entitled `Environmental Research Needs in Transportation'.
                ``(4) Applicability of federal advisory committee act.--The
            Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
            to the advisory board.
        ``(c) National Academy of Sciences.--
                ``(1) In general.--The Secretary may make grants to, and
            enter into cooperative agreements with, the National Academy of
            Sciences to carry out such activities related to the research,
            technology, and technology transfer activities described in
            subsection (b)(1) as the Secretary determines to be
            appropriate.
                ``(2) Ecosystem integrity study.--
                        ``(A) In general.--The Secretary shall give
                    priority to conducting a study of, and preparing a
                    report on, the relationship between highway density and
                    ecosystem integrity, including an analysis of the
                    habitat-level impacts of highway density on the overall
                    health of ecosystems.
                        ``(B) Proposal of rapid assessment methodology.--To
                    aid transportation and regulatory agencies, the report
                    shall propose a rapid assessment methodology for
                    determining the relationship between highway density
                    and ecosystem integrity.
        ``(d) Authorization of Appropriations.--
                ``(1) In general.--There is authorized to be appropriated
            to carry out this section $5,000,000 for each of fiscal years
            1998 through 2003.
                ``(2) Availability.--Notwithstanding section 118(a), funds
            made available under paragraph (1) shall not be available in
            advance of an annual appropriation.''.

    SEC. 2018. RECYCLED MATERIALS RESOURCE CENTER.

        Subchapter I of chapter 5 of title 23, United States Code (as
    amended by section 2017), is amended by adding at the end the
    following:
    ``Sec. 513. Recycled materials resource center
        ``(a) Establishment.--The Secretary shall establish at the
    University of New Hampshire a research program to be known as the
    `Recycled Materials Resource Center' (referred to in this section as
    the `Center').
        ``(b) Activities.--
                ``(1) In general.--The Center shall--
                        ``(A) systematically test, evaluate, develop
                    appropriate guidelines for, and demonstrate
                    environmentally acceptable and occupationally safe
                    technologies and techniques for the increased use of
                    traditional and nontraditional recycled and secondary
                    materials in transportation infrastructure construction
                    and maintenance;
                        ``(B) make information available to State
                    transportation departments, the Federal Highway
                    Administration, the construction industry, and other
                    interested parties to assist in evaluating proposals to
                    use traditional and nontraditional recycled and
                    secondary materials in transportation infrastructure
                    construction;
                        ``(C) encourage the increased use of traditional
                    and nontraditional recycled and secondary materials by
                    using sound science to analyze thoroughly all potential
                    long-term considerations that affect the physical and
                    environmental performance of the materials; and
                        ``(D) work cooperatively with Federal and State
                    officials to reduce the institutional barriers that
                    limit widespread use of traditional and nontraditional
                    recycled and secondary materials and to ensure that
                    such increased use is consistent with the sustained
                    environmental and physical integrity of the
                    infrastructure in which the materials are used.
                ``(2) Sites and projects under actual field conditions.--In
            carrying out paragraph (1)(C), the Secretary may authorize the
            Center to--
                        ``(A) use test sites and demonstration projects
                    under actual field conditions to develop appropriate
                    performance data; and
                        ``(B) develop appropriate tests and guidelines to
                    ensure correct use of recycled and secondary materials
                    in transportation infrastructure construction.
        ``(c) Review and Evaluation.--
                ``(1) In general.--Not less often than every 2 years, the
            Secretary shall review and evaluate the program carried out by
            the Center.
                ``(2) Notification of deficiencies.--In carrying out
            paragraph (1), if the Secretary determines that the Center is
            deficient in carrying out subsection (b), the Secretary shall
            notify the Center of each deficiency and recommend specific
            measures to address the deficiency.
                ``(3) Disqualification.--If, after the end of the 180-day
            period that begins on the date of notification to the Center
            under paragraph (2), the Secretary determines that the Center
            has not corrected each deficiency identified under paragraph
            (2), the Secretary may, after notifying the Committee on
            Environment and Public Works of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives of the determination, disqualify the Center
            from further participation under this section.
        ``(d) Funding.--Of amounts made available under section 541,
    $2,000,000 shall be made available for each fiscal year to carry out
    this section.''.

    SEC. 2019. CONFORMING AMENDMENTS.

        (a) Sections 307, 321, and 326 of title 23, United States Code, are
    repealed.
        (b) The analysis for chapter 3 of title 23, United States Code, is
    amended by striking the items relating to sections 307, 321, and 326.
        (c) Section 115(a)(1)(A)(i) of title 23, United States Code, is
    amended by striking ``or 307'' and inserting ``or 505''.
        (d) Section 151(d) of title 23, United States Code, is amended by
    striking ``section 307(a),'' and inserting ``section 506,''.
        (e) Section 106 of Public Law 89-564 (23 U.S.C. 403 note) is
    amended in the third sentence by striking ``sections 307 and 403 of
    title 23, United States Code,'' and inserting ``section 403 and chapter
    5 of title 23, United States Code,''.

    SEC. 2020. REMOTE SENSING AND SPATIAL INFORMATION TECHNOLOGIES.

        (a) In General.--The Secretary shall establish and carry out a
    program to validate remote sensing and spatial information technologies
    for application to national transportation infrastructure development
    and construction.
        (b) Program Stages.--
                (1) First stage.--Not later than 18 months after the date
            of the enactment of this Act, the Secretary shall establish a
            national policy for the use of remote sensing and spatial
            information technologies in national transportation
            infrastructure development and construction.
                (2) Second stage.--After establishment of the national
            policy under paragraph (1), the Secretary shall develop new
            applications of remote sensing and spatial information
            technologies for the implementation of such policy.
        (c) Cooperation.--The Secretary shall carry out this section in
    cooperation with the National Aeronautics and Space Administration and
    a consortium of university research centers.
        (d) Funding.--There is authorized to be appropriated to carry out
    this section $10,000,000 for fiscal year 1999 and $10,000,000 for each
    of fiscal years 2000 through 2004.

                 Subtitle B--Intelligent Transportation Systems

    SEC. 2101. SHORT TITLE.

        This subtitle may be cited as the ``Intelligent Transportation
    Systems Act of 1998''.

    SEC. 2102. FINDINGS.

        Congress finds that--
                (1) numerous studies conducted on behalf of the Department
            of Transportation document that investment in intelligent
            transportation systems offers substantial benefits in
            relationship to costs;
                (2) as a result of the investment authorized by the
            Intelligent Transportation Systems Act of 1991 (23 U.S.C. 307
            note; 105 Stat. 2189), progress has been made on each of the
            goals set forth for the national intelligent transportation
            system program in section 6052(b) of that Act; and
                (3) continued investment by the Department of
            Transportation is needed to complete implementation of those
            goals.

    SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.

        Chapter 5 of title 23, United States Code (as added by section
    2005), is amended by adding at the end the following:

              ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS

    ``Sec. 521. Purposes
        ``The purposes of this subchapter are--
                ``(1) to expedite deployment and integration of basic
            intelligent transportation system services for consumers of
            passenger and freight transportation across the United States;
                ``(2) to encourage the use of intelligent transportation
            systems to enhance international trade and domestic economic
            productivity;
                ``(3) to encourage the use of intelligent transportation
            systems to promote the achievement of national environmental
            goals;
                ``(4) to continue research, development, testing, and
            evaluation activities to continually expand the state-of-the-
            art in intelligent transportation systems;
                ``(5) to provide financial and technical assistance to
            State and local governments and metropolitan planning
            organizations to ensure the integration of interoperable,
            intermodal, and cost-effective intelligent transportation
            systems;
                ``(6) to foster regional cooperation, standards
            implementation, and operations planning to maximize the
            benefits of integrated and coordinated intelligent
            transportation systems;
                ``(7) to promote the consideration of intelligent
            transportation systems in mainstream transportation planning
            and investment decisionmaking by ensuring that Federal and
            State transportation officials have adequate, working knowledge
            of intelligent transportation system technologies and
            applications and by ensuring comprehensive funding eligibility
            for the technologies and applications;
                ``(8) to encourage intelligent transportation system
            training for, and technology transfer to, State and local
            agencies;
                ``(9) to promote the deployment of intelligent
            transportation system services in rural America so as to
            achieve safety benefits, promote tourism, and improve quality
            of life;
                ``(10) to promote the innovative use of private resources,
            such as through public-private partnerships or other uses of
            private sector investment, to support the development and
            integration of intelligent transportation systems throughout
            the United States;
                ``(11) to complete the Federal investment in the deployment
            of Commercial Vehicle Information Systems and Networks by
            September 30, 2003;
                ``(12) to facilitate intermodalism through deployment of
            intelligent transportation systems, including intelligent
            transportation system technologies for transit systems to
            improve safety, efficiency, capacity, and utility for the
            public;
                ``(13) to enhance the safe operation of motor vehicles,
            including motorcycles, and nonmotorized vehicles on the surface
            transportation systems of the United States, with a particular
            emphasis on decreasing the number and severity of collisions;
                ``(14) to encourage the use of intelligent transportation
            systems to promote the achievement of national transportation
            safety goals, including safety at at-grade railway-highway
            crossings; and
                ``(15) to accommodate the needs of all users of the surface
            transportation systems of the United States, including the
            operators of commercial vehicles, passenger vehicles, and
            motorcycles.
    ``Sec. 522. Definitions
        ``In this subchapter:
                ``(1) Commercial vehicle information systems and
            networks.--The term `Commercial Vehicle Information Systems and
            Networks' means the information systems and communications
            networks that support commercial vehicle operations.
                ``(2) Commercial vehicle operations.--The term `commercial
            vehicle operations'--
                        ``(A) means motor carrier operations and motor
                    vehicle regulatory activities associated with the
                    commercial movement of goods, including hazardous
                    materials, and passengers; and
                        ``(B) with respect to the public sector, includes
                    the issuance of operating credentials, the
                    administration of motor vehicle and fuel taxes, and
                    roadside safety and border crossing inspection and
                    regulatory compliance operations.
                ``(3) Completed standard.--The term `completed standard'
            means a standard adopted and published by the appropriate
            standards-setting organization through a voluntary consensus
            standardmaking process.
                ``(4) Corridor.--The term `corridor' means any major
            transportation route that includes parallel limited access
            highways, major arterials, or transit lines.
                ``(5) Intelligent transportation system.--The term
            `intelligent transportation system' means electronics,
            communications, or information processing used singly or in
            combination to improve the efficiency or safety of a surface
            transportation system.
                ``(6) National architecture.--The term `national
            architecture' means the common framework for interoperability
            adopted by the Secretary that defines--
                        ``(A) the functions associated with intelligent
                    transportation system user services;
                        ``(B) the physical entities or subsystems within
                    which the functions reside;
                        ``(C) the data interfaces and information flows
                    between physical subsystems; and
                        ``(D) the communications requirements associated
                    with the information flows.
                ``(7) Provisional standard.--The term `provisional
            standard' means a provisional standard established by the
            Secretary under section 529(c).
                ``(8) Standard.--The term `standard' means a document
            that--
                        ``(A) contains technical specifications or other
                    precise criteria for intelligent transportation systems
                    that are to be used consistently as rules, guidelines,
                    or definitions of characteristics so as to ensure that
                    materials, products, processes, and services are fit
                    for their purposes; and
                        ``(B) may support the national architecture and
                    promote--
                                ``(i) the widespread use and adoption of
                            intelligent transportation system technology as
                            a component of the surface transportation
                            systems of the United States; and
                                ``(ii) interoperability among intelligent
                            transportation system technologies implemented
                            throughout the States.
    ``Sec. 523. Cooperation, consultation, and analysis
        ``(a) Cooperation.--In carrying out this subchapter, the Secretary
    shall--
                ``(1) foster enhanced operation and management of the
            surface transportation systems of the United States;
                ``(2) promote the widespread deployment of intelligent
            transportation systems; and
                ``(3) advance emerging technologies, in cooperation with
            State and local governments and the private sector.
        ``(b) Consultation.--As appropriate, in carrying out this
    subchapter, the Secretary shall--
                ``(1) consult with the heads of other interested Federal
            departments and agencies; and
                ``(2) maximize the involvement of the United States private
            sector, colleges and universities, the Federal laboratories,
            and State and local governments in all aspects of carrying out
            this subchapter.
        ``(c) Procurement Methods.--To meet the need for effective
    implementation of intelligent transportation system projects, the
    Secretary shall develop appropriate technical assistance and guidance
    to assist State and local agencies in evaluating and selecting
    appropriate methods of procurement for intelligent transportation
    system projects, including innovative and nontraditional methods of
    procurement.
    ``Sec. 524. Research, development, and training
        ``(a) In General.--The Secretary shall carry out a comprehensive
    program of intelligent transportation system research, development,
    operational testing, technical assistance and training, national
    architecture activities, standards development and implementation, and
    other similar activities that are necessary to carry out the purposes
    of this subchapter.
        ``(b) Intelligent Vehicle and Intelligent Infrastructure
    Programs.--
                ``(1) In general.--
                        ``(A) Program.--The Secretary shall carry out a
                    program to conduct research, development, and
                    engineering designed to stimulate and advance
                    deployment of an integrated intelligent vehicle program
                    and an integrated intelligent infrastructure program,
                    consisting of--
                                ``(i) projects such as crash avoidance,
                            automated highway systems, advanced vehicle
                            controls, and roadway safety and efficiency
                            systems linked to intelligent vehicles; and
                                ``(ii) projects that improve mobility and
                            the quality of the environment, including
                            projects for traffic management, incident
                            management, transit management, toll
                            collection, traveler information, and traffic
                            control systems.
                        ``(B) Consideration of vehicle and infrastructure
                    elements.--In carrying out subparagraph (A), the
                    Secretary may consider systems that include both
                    vehicle and infrastructure elements and determine the
                    most appropriate mix of those elements.
                ``(2) National architecture.--The program carried out under
            paragraph (1) shall be consistent with the national
            architecture.
                ``(3) Priorities.--In carrying out paragraph (1), the
            Secretary shall give higher priority to activities that--
                        ``(A) assist motor vehicle drivers in avoiding
                    motor vehicle crashes;
                        ``(B) assist in the development of an automated
                    highway system; or
                        ``(C) improve the integration of air bag technology
                    with other on-board safety systems and maximize the
                    safety benefits of the simultaneous use of an automatic
                    restraint system and seat belts.
                ``(4) Cost sharing.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the Federal share of the cost of a
                    research project carried out in cooperation with a non-
                    Federal entity under a program carried out under
                    paragraph (1) shall not exceed 80 percent.
                        ``(B) Innovative or high-risk research projects.--
                    The Federal share of the cost of an innovative or high-
                    risk research project described in subparagraph (A)
                    may, at the discretion of the Secretary, be 100
                    percent.
                ``(5) Plan.--The Secretary shall--
                        ``(A) not later than 1 year after the date of
                    enactment of this subchapter, submit to Congress a 6-
                    year plan specifying the goals, objectives, and
                    milestones to be achieved by each program carried out
                    under paragraph (1); and
                        ``(B) report biennially to Congress on the progress
                    in meeting the goals, objectives, and milestones.
        ``(c) Evaluation.--
                ``(1) Guidelines and requirements.--
                        ``(A) In general.--The Secretary shall establish
                    guidelines and requirements for the independent
                    evaluation of field and related operational tests, and,
                    if necessary, deployment projects, carried out under
                    this subchapter.
                        ``(B) Required provisions.--The guidelines and
                    requirements established under subparagraph (A) shall
                    include provisions to ensure the objectivity and
                    independence of the evaluator so as to avoid any real
                    or apparent conflict of interest or potential influence
                    on the outcome by parties to any such test or
                    deployment project or by any other formal evaluation
                    carried out under this subchapter.
                ``(2) Funding.--
                        ``(A) Small projects.--In the case of a test or
                    project with a cost of less than $5,000,000, the
                    Secretary may allocate not more than 15 percent of the
                    funds made available to carry out the test or project
                    for an evaluation of the test or project.
                        ``(B) Moderate projects.--In the case of a test or
                    project with a cost of $5,000,000 or more, but less
                    than $10,000,000, the Secretary may allocate not more
                    than 10 percent of the funds made available to carry
                    out the test or project for an evaluation of the test
                    or project.
                        ``(C) Large projects.--In the case of a test or
                    project with a cost of $10,000,000 or more, the
                    Secretary may allocate not more than 5 percent of the
                    funds made available to carry out the test or project
                    for an evaluation of the test or project.
                ``(3) Inapplicability of paperwork reduction act.--Any
            survey, questionnaire, or interview that the Secretary
            considers necessary to carry out the evaluation of any test or
            program assessment activity under this subchapter shall not be
            subject to chapter 35 of title 44.
        ``(d) Information Clearinghouse.--
                ``(1) In general.--The Secretary shall--
                        ``(A) maintain a repository for technical and
                    safety data collected as a result of federally
                    sponsored projects carried out under this subchapter;
                    and
                        ``(B) on request, make that information (except for
                    proprietary information and data) readily available to
                    all users of the repository at an appropriate cost.
                ``(2) Delegation of authority.--
                        ``(A) In general.--The Secretary may delegate the
                    responsibility of the Secretary under this subsection,
                    with continuing oversight by the Secretary, to an
                    appropriate entity not within the Department of
                    Transportation.
                        ``(B) Federal assistance.--If the Secretary
                    delegates the responsibility, the entity to which the
                    responsibility is delegated shall be eligible for
                    Federal assistance under this section.
        ``(e) Traffic Incident Management and Response.--The Secretary
    shall carry out a program to advance traffic incident management and
    response technologies, strategies, and partnerships that are fully
    integrated with intelligent transportation systems.
        ``(f) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $120,000,000 for fiscal year 1998,
            $125,000,000 for fiscal year 1999, $130,000,000 for fiscal year
            2000, $135,000,000 for fiscal year 2001, $140,000,000 for
            fiscal year 2002, and $150,000,000 for fiscal year 2003, of
            which, for each fiscal year--
                        ``(A) not less than $25,000,000 shall be available
                    for activities that assist motor vehicle drivers in
                    avoiding motor vehicle crashes, including activities
                    that improve the integration of air bag technology with
                    other on-board safety systems;
                        ``(B) not less than $25,000,000 shall be available
                    for activities that assist in the development of an
                    automated highway system; and
                        ``(C) not less than $3,000,000 shall be available
                    for traffic incident management and response.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1.
    ``Sec. 525. Intelligent transportation system integration program
        ``(a) In General.--The Secretary shall conduct a comprehensive
    program (referred to in this section as the `program') to accelerate
    the integration and interoperability of intelligent transportation
    systems.
        ``(b) Selection of Projects.--
                ``(1) In general.--Under the program, the Secretary shall
            select for funding, through competitive solicitation, projects
            that will serve as models to improve transportation efficiency,
            promote safety, increase traffic flow, reduce emissions of air
            pollutants, improve traveler information, or enhance
            alternative transportation modes.
                ``(2) Priorities.--Under the program, the Secretary shall
            give higher priority to funding projects that--
                        ``(A) promote and foster integration strategies and
                    written agreements among local governments, States, and
                    other regional entities;
                        ``(B) build on existing (as of the date of project
                    selection) intelligent transportation system projects;
                        ``(C) deploy integrated intelligent transportation
                    system projects throughout metropolitan areas;
                        ``(D) deploy integrated intelligent transportation
                    system projects that enhance safe freight movement or
                    coordinate intermodal travel, including intermodal
                    travel at ports of entry into the United States; and
                        ``(E) advance intelligent transportation system
                    deployment projects that are consistent with the
                    national architecture and, as appropriate, comply with
                    required standards as described in section 529.
                ``(3) Continuation of partnership agreements.--The
            Secretary shall continue through to completion public/private
            partnership agreements previously executed to promote the
            integration of surface transportation management systems,
            including the integration of highway, transit, railroad and
            emergency management systems.
        ``(c) Private Sector Involvement.--In carrying out the program, the
    Secretary shall encourage private sector involvement and financial
    commitment, to the maximum extent practicable, through innovative
    financial arrangements, especially public-private partnerships.
        ``(d) Financing and Operations Plans.--As a condition of receipt of
    funds under the program, a recipient participating in a project shall
    submit to the Secretary a multiyear financing and operations plan that
    describes how the project can be cost-effectively operated and
    maintained.
        ``(e) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $100,000,000 for fiscal year 1998,
            $110,000,000 for fiscal year 1999, $115,000,000 for fiscal year
            2000, $130,000,000 for fiscal year 2001, $135,000,000 for
            fiscal year 2002, and $145,000,000 for fiscal year 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1, except that,
            in the case of a project funded under paragraph (1)--
                        ``(A) the Federal share of the cost of the project
                    payable from funds made available under paragraph (1)
                    shall not exceed 50 percent; and
                        ``(B) the total Federal share of the cost of the
                    project payable from all eligible sources (including
                    paragraph (1)) shall not exceed 80 percent.
    ``Sec. 526. Integration program for rural areas
        ``(a) In General.--The Secretary shall conduct a comprehensive
    program (referred to in this section as the `program') to accelerate
    the integration or deployment of intelligent transportation systems in
    rural areas.
        ``(b) Selection of Projects.--Under the program, the Secretary
    shall--
                ``(1) select projects through competitive solicitation; and
                ``(2) give higher priority to funding projects that--
                        ``(A) promote and foster integration strategies and
                    agreements among local governments, States, and other
                    regional entities;
                        ``(B) deploy integrated intelligent transportation
                    system projects that improve mobility, enhance the
                    safety of the movement of passenger vehicles and
                    freight, or promote tourism; and
                        ``(C) advance intelligent transportation system
                    deployment projects that are consistent with the
                    national architecture and comply with required
                    standards as described in section 529.
        ``(c) Private Sector Involvement.--In carrying out the program, the
    Secretary shall encourage private sector involvement and financial
    commitment, to the maximum extent practicable, through innovative
    financial arrangements, especially public-private partnerships.
        ``(d) Financing and Operations Plans.--As a condition of receipt of
    funds under the program, a recipient participating in a project shall
    submit to the Secretary a multiyear financing and operations plan that
    describes how the project can be cost-effectively operated and
    maintained
        ``(e) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $10,000,000 for fiscal year 1998,
            $10,000,000 for fiscal year 1999, $15,000,000 for fiscal year
            2000, $15,000,000 for fiscal year 2001, $20,000,000 for fiscal
            year 2002, and $20,000,000 for fiscal year 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1, except that,
            in the case of a project funded under paragraph (1)--
                        ``(A) the Federal share of the cost of the project
                    payable from funds made available under paragraph (1)
                    shall not exceed 50 percent; and
                        ``(B) the total Federal share of the cost of the
                    project payable from all eligible sources (including
                    paragraph (1)) shall not exceed 80 percent.
    ``Sec. 527. Commercial vehicle intelligent transportation system
                  infrastructure
        ``(a) In General.--The Secretary shall carry out a comprehensive
    program--
                ``(1) to deploy intelligent transportation systems that
            will promote the safety and productivity of commercial vehicles
            and drivers; and
                ``(2) to reduce costs associated with commercial vehicle
            operations and State and Federal commercial vehicle regulatory
            requirements.
        ``(b) Elements of Program.--
                ``(1) Safety information systems and networks.--
                        ``(A) In general.--The program shall advance the
                    technological capability and promote the deployment of
                    commercial vehicle, commercial driver, and carrier-
                    specific safety information systems and networks and
                    other intelligent transportation system technologies
                    used to assist States in identifying high-risk
                    commercial operations and in conducting other
                    innovative safety strategies, including the Commercial
                    Vehicle Information Systems and Networks.
                        ``(B) Focus of projects.--Projects assisted under
                    the program shall focus on--
                                ``(i) identifying and eliminating unsafe
                            and illegal carriers, vehicles, and drivers in
                            a manner that does not unduly hinder the
                            productivity and efficiency of safe and legal
                            commercial operations;
                                ``(ii) enhancing the safe passage of
                            commercial vehicles across the United States
                            and across international borders;
                                ``(iii) reducing the numbers of violations
                            of out-of-service orders;
                                ``(iv) complying with directives to address
                            other safety violations; and
                                ``(v) developing and implementing
                            unobtrusive eyetracking technology.
                ``(2) Monitoring systems.--The program shall advance on-
            board driver and vehicle safety monitoring systems, including
            fitness-for-duty, brake, and other operational monitoring
            technologies, that will facilitate commercial vehicle safety,
            including inspection by motor carrier safety assistance program
            officers and employees under chapter 311 of title 49.
        ``(c) Use of Federal Funds.--
                ``(1) In general.--Federal funds used to carry out the
            program shall be primarily used to improve--
                        ``(A) commercial vehicle safety and the
                    effectiveness and efficiency of enforcement efforts
                    conducted under the motor carrier safety assistance
                    program under chapter 311 of title 49;
                        ``(B) electronic processing of registration
                    information, driver licensing information, fuel tax
                    information, inspection and crash data, and other
                    safety information; and
                        ``(C) communication of the information described in
                    subparagraph (B) among the States.
                ``(2) Leveraging.--Federal funds used to carry out the
            program shall, to the maximum extent practicable--
                        ``(A) be leveraged with non-Federal funds; and
                        ``(B) be used for activities not carried out
                    through the use of private funds.
        ``(d) Federal Share.--The Federal share of the cost of a project
    assisted under the program shall be not more than 80 percent.
        ``(e) Authorization of Contract Authority.--
                ``(1) In general.--There shall be available from the
            Highway Trust Fund (other than the Mass Transit Account) to
            carry out this section $25,000,000 for fiscal year 1998,
            $25,000,000 for fiscal year 1999, $25,000,000 for fiscal year
            2000, $35,000,000 for fiscal year 2001, $35,000,000 for fiscal
            year 2002, and $40,000,000 for fiscal year 2003.
                ``(2) Contract authority.--Funds authorized under this
            subsection shall be available for obligation in the same manner
            as if the funds were apportioned under chapter 1, except that,
            in the case of a project funded under paragraph (1)--
                        ``(A) the Federal share of the cost of the project
                    payable from funds made available under paragraph (1)
                    shall not exceed 50 percent; and
                        ``(B) the total Federal share of the cost of the
                    project payable from all eligible sources (including
                    paragraph (1)) shall not exceed 80 percent.
    ``Sec. 528. Corridor development and coordination
        ``(a) In General.--The Secretary shall encourage multistate
    cooperative agreements, coalitions, or other arrangements intended to
    promote regional cooperation, planning, and shared project
    implementation for intelligent transportation system projects.
        ``(b) Funding.--There shall be available to carry out this section
    for each fiscal year not more than--
                ``(1) $3,000,000 of the amounts made available under
            section 524(f); and
                ``(2) $7,000,000 of the amounts made available under
            section 525(e).
    ``Sec. 529. Standards
        ``(a) In General.--
                ``(1) Development, implementation, and maintenance.--The
            Secretary shall develop, implement, and maintain a national
            architecture and supporting standards to promote the widespread
            use and evaluation of intelligent transportation system
            technology as a component of the surface transportation systems
            of the United States.
                ``(2) Interoperability and efficiency.--To the maximum
            extent practicable, the standards shall promote
            interoperability among, and efficiency of, intelligent
            transportation system technologies implemented throughout the
            States.
                ``(3) Use of standards-setting organizations.--In carrying
            out this section, the Secretary may use the services of such
            standards-setting organizations as the Secretary determines
            appropriate.
        ``(b) Report.--
                ``(1) In general.--Not later than January 1, 1999, the
            Secretary shall submit a report describing the status of all
            standards.
                ``(2) Contents.--The report shall--
                        ``(A) identify each standard that is needed for
                    operation of intelligent transportation systems in the
                    United States;
                        ``(B) specify the status of the development of each
                    standard;
                        ``(C) provide a timetable for achieving agreement
                    on each standard as described in this section; and
                        ``(D) determine which standards are critical to
                    ensuring national interoperability or critical to the
                    development of other standards.
        ``(c) Establishment of Provisional Standards.--
                ``(1) Establishment.--Subject to subsection (d), if a
            standard determined to be critical under subsection (b)(2)(D)
            is not adopted and published by the appropriate standards-
            setting organization by January 1, 2001, the Secretary shall
            establish a provisional standard after consultation with
            affected parties.
                ``(2) Period of effectiveness.--The provisional standard
            shall--
                        ``(A) be published in the Federal Register;
                        ``(B) take effect not later than May 1, 2001; and
                        ``(C) remain in effect until the appropriate
                    standards-setting organization adopts and publishes a
                    standard.
        ``(d) Waiver of Requirement To Establish Provisional Standards.--
                ``(1) Notice.--The Secretary may waive the requirement to
            establish a provisional standard by submitting, not later than
            January 1, 2001, to the Committee on Environment and Public
            Works of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives, a notice that--
                        ``(A) specifies the provisional standard subject to
                    the waiver;
                        ``(B) describes the history of the development of
                    the standard subject to the waiver;
                        ``(C) specifies the reasons why the requirement for
                    the establishment of the provisional standard is being
                    waived;
                        ``(D) describes the impacts of delaying the
                    establishment of the standard subject to the waiver,
                    especially the impacts on the purposes of this
                    subchapter; and
                        ``(E) provides specific estimates as to when the
                    standard subject to the waiver is expected to be
                    adopted and published by the appropriate standards-
                    setting organization.
                ``(2) Progress reports.--
                        ``(A) In general.--In the case of each standard
                    subject to a waiver by the Secretary under paragraph
                    (1), the Secretary shall submit, in accordance with the
                    schedule specified in subparagraph (B), a report to the
                    Committee on Environment and Public Works of the Senate
                    and the Committee on Transportation and Infrastructure
                    of the House of Representatives on the progress of the
                    adoption of a completed standard.
                        ``(B) Schedule of reports.--The Secretary shall
                    submit a report under subparagraph (A) with respect to
                    a standard--
                                ``(i) not later than 180 days after the
                            date of submission of the notice under
                            paragraph (1) with respect to the standard; and
                                ``(ii) at the end of each 180-day period
                            thereafter until such time as a standard has
                            been adopted and published by the appropriate
                            standards-setting organization or the waiver is
                            withdrawn under paragraph (3).
                        ``(C) Consultation.--In developing each progress
                    report under subparagraph (A), the Secretary shall
                    consult with the standards-setting organizations
                    involved in the standardmaking process for the
                    standard.
                ``(3) Withdrawal of waiver.--
                        ``(A) In general.--At any time, the Secretary may,
                    through notification to the Committee on Environment
                    and Public Works of the Senate and the Committee on
                    Transportation and Infrastructure of the House of
                    Representatives, withdraw a notice of a waiver of the
                    requirement to establish a provisional standard.
                        ``(B) Implementation.--If the Secretary submits
                    notification under subparagraph (A) with respect to a
                    provisional standard, not less than 30 days, but not
                    more than 90 days, after the date of the notification,
                    the Secretary shall implement the provisional standard,
                    unless, by the end of the 90-day period beginning on
                    the date of the notification, a standard has been
                    adopted and published by the appropriate standards-
                    setting organization.
        ``(e) Requirement for Compliance With Standard.--
                ``(1) In general.--
                        ``(A) Standard in existence.--Funds made available
                    from the Highway Trust Fund shall not be used to deploy
                    an intelligent transportation system technology if the
                    technology does not comply with each applicable
                    provisional standard or completed standard.
                        ``(B) No standard in existence.--In the absence of
                    a provisional standard or completed standard, Federal
                    funds shall not be used to deploy an intelligent
                    transportation system technology if the deployment is
                    not consistent with the interfaces to ensure
                    interoperability that are contained in the national
                    architecture.
                ``(2) Applicability.--Paragraph (1) shall not apply to--
                        ``(A) the operation or maintenance of an
                    intelligent transportation system in existence on the
                    date of enactment of this subchapter; or
                        ``(B) the upgrade or expansion of an intelligent
                    transportation system in existence on the date of
                    enactment of this subchapter if the Secretary
                    determines that the upgrade or expansion--
                                ``(i) does not adversely affect the
                            purposes of this subchapter, especially the
                            goal of national or regional interoperability;
                                ``(ii) is carried out before the end of the
                            useful life of the system; and
                                ``(iii) is cost effective as compared to
                            alternatives that meet the compliance
                            requirement of paragraph (1)(A) or the
                            consistency requirement of paragraph (1)(B).
        ``(f) Spectrum.--
                ``(1) Consultation.--The Secretary shall consult with the
            Secretary of Commerce, the Secretary of Defense, and the
            Chairman of the Federal Communications Commission to determine
            the best means for securing the necessary spectrum for the
            near-term establishment of a dedicated short-range vehicle-to-
            wayside wireless standard and any other spectrum that the
            Secretary determines to be critical to the implementation of
            this title.
                ``(2) Progress report.--After consultation under paragraph
            (1) and with other affected agencies, but not later than 1 year
            after the date of enactment of this subchapter, the Secretary
            shall submit a report to Congress on the progress made in
            securing the spectrum described in paragraph (1).
                ``(3) Deadline for securing spectrum.--Notwithstanding any
            other provision of law, not later than 2 years after the date
            of enactment of this subchapter, the Secretary of Commerce
            shall release to the Federal Communications Commission, and the
            Federal Communications Commission shall allocate, the spectrum
            described in paragraph (1).
        ``(g) Funding.--The Secretary shall use funds made available under
    section 524 to carry out this section.
    ``Sec. 530. Funding limitations
        ``(a) Consistency With National Architecture.--The Secretary shall
    use funds made available under this subchapter to deploy intelligent
    transportation system technologies only if the technologies are
    consistent with the national architecture.
        ``(b) Competition With Privately Funded Projects.--To the maximum
    extent practicable, the Secretary shall not fund any intelligent
    transportation system operational test or deployment project that
    competes with a similar privately funded project.
        ``(c) Infrastructure Development.--Funds made available under this
    subchapter for operational tests and deployment projects--
                ``(1) shall be used primarily for the development of
            intelligent transportation system infrastructure; and
                ``(2) to the maximum extent practicable, shall not be used
            for the construction of physical highway and transit
            infrastructure unless the construction is incidental and
            critically necessary to the implementation of an intelligent
            transportation system project.
        ``(d) Public Relations and Training.--For each fiscal year, not
    more than $15,000,000 of the funds made available under this subchapter
    shall be used for intelligent transportation system outreach, public
    relations, training, mainstreaming, shareholder relations, or related
    activities.
    ``Sec. 531. Use of innovative financing
        ``(a) In General.--The Secretary may use up to 25 percent of the
    funds made available under this subchapter and section 541 to make
    available loans, lines of credit, and loan guarantees for projects that
    are eligible for assistance under this title and that have significant
    intelligent transportation system elements.
        ``(b) Consistency With Other Law.--Credit assistance described in
    subsection (a) shall be made available in a manner consistent with the
    Transportation Infrastructure Finance and Innovation Act of 1998.
    ``Sec. 532. Advisory committees
        ``(a) In General.--In carrying out this subchapter, the Secretary
    shall use 1 or more advisory committees.
        ``(b) Applicability of Federal Advisory Committee Act.--Any
    advisory committee so used shall be subject to the Federal Advisory
    Committee Act (5 U.S.C. App.).''.

    SEC. 2104. CONFORMING AMENDMENT.

        The Intermodal Surface Transportation Efficiency Act of 1991 is
    amended by striking part B of title VI (23 U.S.C. 307 note; 105 Stat.
    2189).

                              Subtitle C--Funding

    SEC. 2201. FUNDING.

        Chapter 5 of title 23, United States Code (as amended by section
    2103), is amended by adding at the end the following:

                           ``SUBCHAPTER III--FUNDING

    ``Sec. 541. Funding
        ``(a) Research, Technology, and Training.--There shall be available
    from the Highway Trust Fund (other than the Mass Transit Account) to
    carry out sections 502, 507, 509, and 511 $68,000,000 for fiscal year
    1998, $1,500,000 for fiscal year 1999, $4,500,000 for fiscal year 2000,
    $2,500,000 for fiscal year 2001, $1,500,000 for fiscal year 2002, and
    $4,500,000 for fiscal year 2003.
        ``(b) Contract Authority.--Funds authorized under this section
    shall be available for obligation in the same manner as if the funds
    were apportioned under chapter 1, except that--
                ``(1) any Federal share of the cost of an activity under
            this chapter shall be determined in accordance with this
            chapter; and
                ``(2) the funds shall remain available for obligation for a
            period of 4 years after the last day of the fiscal year for
            which the funds are authorized.
        ``(c) Limitations on Obligations.--Notwithstanding any other
    provision of law, the total amount of all obligations under subsection
    (a) shall not exceed--
                ``(1) $98,000,000 for fiscal year 1998;
                ``(2) $101,000,000 for fiscal year 1999;
                ``(3) $104,000,000 for fiscal year 2000;
                ``(4) $107,000,000 for fiscal year 2001;
                ``(5) $110,000,000 for fiscal year 2002; and
                ``(6) $114,000,000 for fiscal year 2003.''.

        TITLE III--INTERMODAL TRANSPORTATION SAFETY AND RELATED MATTERS

    SEC. 3001. SHORT TITLE.

        This title may be cited as the ``Intermodal Transportation Safety
    Act of 1998''.

    SEC. 3002. AMENDMENT OF TITLE 49, UNITED STATES CODE.

        Except as otherwise expressly provided, whenever in this title an
    amendment or repeal is expressed in terms of an amendment to, or a
    repeal of, a section or other provision, the reference shall be
    considered to be made to a section or other provision of title 49,
    United States Code.

                           Subtitle A--Highway Safety

    SEC. 3101. HIGHWAY SAFETY PROGRAMS.

        (a) Uniform Guidelines.--Section 402(a) of title 23, United States
    Code, is amended by striking ``section 4007'' and inserting ``section
    4004''.
        (b) Administrative Requirements.--Section 402(b) of such title is
    amended--
                (1) by striking the period at the end of subparagraph (A)
            and subparagraph (B) of paragraph (1) and inserting a
            semicolon;
                (2) in paragraph (1)(C), by inserting ``, including Indian
            tribes,'' after ``subdivisions of such State'';
                (3) in paragraph (1)(C), by striking the period at the end
            and inserting a semicolon and ``and''; and
                (4) by striking paragraphs (3) and (4) and redesignating
            paragraph (5) as paragraph (3).
        (c) Apportionment of Funds.--Section 402(c) of such title is
    amended--
                (1) by inserting ``the apportionment to the Secretary of
            the Interior shall not be less than \3/4\ of 1 percent of the
            total apportionment and'' after ``except that'' in the sixth
            sentence; and
                (2) by striking the seventh sentence.
        (d) Application in Indian Country.--Section 402(i) of title 23,
    United States Code, is amended to read as follows:
        ``(i) Application in Indian Country.--
                ``(1) In general.--For the purpose of application of this
            section in Indian country, the terms `State' and `Governor of a
            State' include the Secretary of the Interior and the term
            `political subdivision of a State' includes an Indian tribe.
            Notwithstanding the provisions of subsection (b)(1)(C), 95
            percent of the funds apportioned to the Secretary of the
            Interior under this section shall be expended by Indian tribes
            to carry out highway safety programs within their
            jurisdictions. The provisions of subparagraph (b)(1)(D) shall
            be applicable to Indian tribes, except to those tribes with
            respect to which the Secretary determines that application of
            such provisions would not be practicable.
                ``(2) Indian country defined.--For the purposes of this
            subsection, the term `Indian country' means--
                        ``(A) all land within the limits of any Indian
                    reservation under the jurisdiction of the United
                    States, notwithstanding the issuance of any patent, and
                    including rights-of-way running through the
                    reservation;
                        ``(B) all dependent Indian communities within the
                    borders of the United States whether within the
                    original or subsequently acquired territory thereof and
                    whether within or without the limits of a State; and
                        ``(C) all Indian allotments, the Indian titles to
                    which have not been extinguished, including rights-of-
                    way running through such allotments.''.
        (e) Rulemaking Process.--Section 402(j) of title 23, United States
    Code, is amended to read as follows:
        ``(j) Rulemaking Process.--The Secretary may from time to time
    conduct a rulemaking process to identify highway safety programs that
    are highly effective in reducing motor vehicle crashes, injuries, and
    deaths. Any such rulemaking shall take into account the major role of
    the States in implementing such programs. When a rule promulgated in
    accordance with this section takes effect, States shall consider these
    highly effective programs when developing their highway safety
    programs.''.
        (f) Safety Incentive Grants.--Section 402 of title 23, United
    States Code, is amended by striking subsection (k) and inserting the
    following:
        ``(k) Safety Incentive Grants.--
                ``(1) Safety incentive grants: general authority.--The
            Secretary shall make a grant to a State that takes specific
            actions to advance highway safety under subsection (l) or (m)
            or section 410. A State may qualify for more than 1 grant and
            shall receive a separate grant for each subsection for which it
            qualifies. Such grants may only be used by recipient States to
            implement and enforce, as appropriate, the programs for which
            the grants are awarded.
                ``(2) Maintenance of effort.--No grant may be made to a
            State under subsection (l) or (m) in any fiscal year unless
            such State enters into such agreements with the Secretary as
            the Secretary may require to ensure that such State will
            maintain its aggregate expenditures from all other sources for
            the specific actions for which a grant is provided at or above
            the average level of such expenditures in its 2 fiscal years
            preceding the date of the enactment of this subsection.
                ``(3) Maximum period of eligibility; federal share for
            grants.--Each grant under subsection (l) or (m) shall be
            available for not more than 6 fiscal years beginning in the
            fiscal year after September 30, 1997, in which the State
            becomes eligible for the grant. The Federal share payable for
            any grant under subsection (l) or (m) shall not exceed--
                        ``(A) in the first and second fiscal years in which
                    the State receives the grant, 75 percent of the cost of
                    implementing and enforcing, as appropriate, in such
                    fiscal year a program adopted by the State;
                        ``(B) in the third and fourth fiscal years in which
                    the State receives the grant, 50 percent of the cost of
                    implementing and enforcing, as appropriate, in such
                    fiscal year such program; and
                        ``(C) in the fifth and sixth fiscal years in which
                    the State receives the grant, 25 percent of the cost of
                    implementing and enforcing, as appropriate, in such
                    fiscal year such program.
        ``(l) Alcohol-Impaired Driving Countermeasures: Basic Grant
    Eligibility.--The Secretary shall make grants to those States that
    adopt and implement effective programs to reduce traffic safety
    problems resulting from persons driving under the influence of alcohol.
    A State shall become eligible for 1 or more of 3 basic grants under
    this subsection by adopting or demonstrating the following to the
    satisfaction of the Secretary:
                ``(1) Basic grant a.--At least 7 of the following:
                        ``(A) .08 BAC per se law.--A law that provides that
                    any individual with a blood alcohol concentration of
                    0.08 percent or greater while operating a motor vehicle
                    shall be deemed to be driving while intoxicated.
                        ``(B) Administrative license revocation.--An
                    administrative driver's license suspension or
                    revocation system for persons who operate motor
                    vehicles while under the influence of alcohol that
                    requires that--
                                ``(i) in the case of a person who, in any
                            5-year period beginning after the date of
                            enactment of this subsection, is determined on
                            the basis of a chemical test to have been
                            operating a motor vehicle under the influence
                            of alcohol or is determined to have refused to
                            submit to such a test as proposed by a law
                            enforcement officer, the State agency
                            responsible for administering drivers'
                            licenses, upon receiving the report of the law
                            enforcement officer--
                                        ``(I) shall suspend the driver's
                                    license of such person for a period of
                                    not less than 90 days if such person is
                                    a first offender in such 5-year period;
                                    and
                                        ``(II) shall suspend the driver's
                                    license of such person for a period of
                                    not less than 1 year, or revoke such
                                    license, if such person is a repeat
                                    offender in such 5-year period; and
                                ``(ii) the suspension and revocation
                            referred to under subparagraph (A)(i) shall
                            take effect not later than 30 days after the
                            date on which the person refused to submit to a
                            chemical test or received notice of having been
                            determined to be driving under the influence of
                            alcohol, in accordance with the State's
                            procedures.
                        ``(C) Underage drinking program.--An effective
                    system, as determined by the Secretary, for preventing
                    operators of motor vehicles under age 21 from obtaining
                    alcoholic beverages. Such system shall include the
                    issuance of drivers' licenses to individuals under age
                    21 that are easily distinguishable in appearance from
                    drivers' licenses issued to individuals age 21 years of
                    age or older.
                        ``(D) Stopping motor vehicles.--Either--
                                ``(i) a statewide program for stopping
                            motor vehicles on a nondiscriminatory, lawful
                            basis for the purpose of determining whether
                            the operators of such motor vehicles are
                            driving while under the influence of alcohol;
                            or
                                ``(ii) a statewide Special Traffic
                            Enforcement Program for impaired driving that
                            emphasizes publicity for the program.
                        ``(E) Repeat offenders.--Effective sanctions for
                    repeat offenders convicted of driving under the
                    influence of alcohol. Such sanctions, as determined by
                    the Secretary, may include electronic monitoring;
                    alcohol interlocks; intensive supervision of probation;
                    vehicle impoundment, confiscation, or forfeiture; and
                    dedicated detention facilities.
                        ``(F) Graduated licensing system.--A 3-stage
                    graduated licensing system for young drivers that
                    includes nighttime driving restrictions during the
                    first 2 stages, requires all vehicle occupants to be
                    properly restrained, and makes it unlawful for a person
                    under age 21 to operate a motor vehicle with a blood
                    alcohol concentration of .02 percent or greater.
                        ``(G) Drivers with high bac's.--Programs to target
                    individuals with high blood alcohol concentrations who
                    operate a motor vehicle. Such programs may include
                    implementation of a system of graduated penalties and
                    assessment of individuals convicted of driving under
                    the influence of alcohol.
                        ``(H) Young adult drinking programs.--Programs to
                    reduce driving while under the influence of alcohol by
                    individuals age 21 through 34. Such programs may
                    include awareness campaigns; traffic safety
                    partnerships with employers, colleges, and the
                    hospitality industry; assessment of first time
                    offenders; and incorporation of treatment into judicial
                    sentencing.
                        ``(I) Testing for bac.--An effective system for
                    increasing the rate of testing for blood alcohol
                    concentration of motor vehicle drivers at fault in
                    fatal accidents.
                ``(2) Basic grant b.--Either of the following:
                        ``(A) Administrative license revocation.--An
                    administrative driver's license suspension or
                    revocation system for persons who operate motor
                    vehicles while under the influence of alcohol which
                    requires that--
                                ``(i) in the case of a person who, in any
                            5-year period beginning after the date of
                            enactment of this subsection, is determined on
                            the basis of a chemical test to have been
                            operating a motor vehicle under the influence
                            of alcohol or is determined to have refused to
                            submit to such a test as requested by a law
                            enforcement officer, the State agency
                            responsible for administering drivers'
                            licenses, upon receiving the report of the law
                            enforcement officer--
                                        ``(I) shall suspend the driver's
                                    license of such person for a period of
                                    not less than 90 days if such person is
                                    a first offender in such 5-year period;
                                    and
                                        ``(II) shall suspend the driver's
                                    license of such person for a period of
                                    not less than 1 year, or revoke such
                                    license, if such person is a repeat
                                    offender in such 5-year period; and
                                ``(ii) the suspension and revocation
                            referred to under subparagraph (A)(i) shall
                            take effect not later than 30 days after the
                            day on which the person refused to submit to a
                            chemical test or receives notice of having been
                            determined to be driving under the influence of
                            alcohol, in accordance with the State's
                            procedures; or
                        ``(B) .08 bac per se law.--A law that provides that
                    any person with a blood alcohol concentration of 0.08
                    percent or greater while operating a motor vehicle
                    shall be deemed to be driving while intoxicated.
                ``(3) Basic grant c.--Both of the following:
                        ``(A) Fatal impaired driver percentage reduction.--
                    The percentage of fatally injured drivers with 0.10
                    percent or greater blood alcohol concentration in the
                    State has decreased in each of the 3 most recent
                    calendar years for which statistics for determining
                    such percentages are available; and
                        ``(B) Fatal impaired driver percentage
                    comparison.--The percentage of fatally injured drivers
                    with 0.10 percent or greater blood alcohol
                    concentration in the State has been lower than the
                    average percentage for all States in each of such
                    calendar years.
                ``(4) Basic grant amount.--The amount of each basic grant
            under this subsection for any fiscal year shall be up to 15
            percent of the amount apportioned to the State for fiscal year
            1997 under section 402 of this title.
                ``(5) Alcohol-impaired driving countermeasures:
            supplemental grants.--During the period in which a State is
            eligible for a basic grant under this subsection, the State
            shall be eligible to receive a supplemental grant in no more
            than 2 fiscal years of up to 5 percent of the amount
            apportioned to the State in fiscal year 1997 under section 402.
            The State may receive a separate supplemental grant for meeting
            each of the following criteria:
                        ``(A) Open container laws.--The State makes
                    unlawful the possession of any open alcoholic beverage
                    container, or the consumption of any alcoholic
                    beverage, in the passenger area of any motor vehicle
                    located on a public highway or the right-of-way of a
                    public highway, except--
                                ``(i) as allowed in the passenger area, by
                            a person (other than the driver), of any motor
                            vehicle designed to transport more than 10
                            passengers (including the driver) while being
                            used to provide charter transportation of
                            passengers; or
                                ``(ii) as otherwise specifically allowed by
                            such State, with the approval of the Secretary,
                            but in no event may the driver of such motor
                            vehicle be allowed to possess or consume an
                            alcoholic beverage in the passenger area.
                        ``(B) Mandatory blood alcohol concentration testing
                    programs.--The State provides for mandatory blood
                    alcohol concentration testing whenever a law
                    enforcement officer has probable cause under State law
                    to believe that a driver of a motor vehicle involved in
                    a crash resulting in the loss of human life or, as
                    determined by the Secretary, serious bodily injury, has
                    committed an alcohol-related traffic offense.
                        ``(C) Video equipment for detection of drunk
                    drivers.--The State provides for a program to acquire
                    video equipment to be used in detecting persons who
                    operate motor vehicles while under the influence of
                    alcohol and in prosecuting those persons, and to train
                    personnel in the use of that equipment.
                        ``(D) Blood alcohol concentration for persons under
                    age 21.--The State enacts and enforces a law providing
                    that any person under age 21 with a blood alcohol
                    concentration of 0.02 percent or greater when driving a
                    motor vehicle shall be deemed to be driving while
                    intoxicated or driving under the influence of alcohol,
                    and further provides for a minimum suspension of the
                    person's driver's license for not less than 30 days.
                        ``(E) Self-sustaining drunk driving prevention
                    program.--The State provides for a self-sustaining
                    drunk driving prevention program under which a
                    significant portion of the fines or surcharges
                    collected from individuals apprehended and fined for
                    operating a motor vehicle while under the influence of
                    alcohol are returned to those communities which have
                    comprehensive programs for the prevention of such
                    operations of motor vehicles.
                        ``(F) Reducing driving with a suspended license.--
                    The State enacts and enforces a law to reduce driving
                    with a suspended license. Such law, as determined by
                    the Secretary, may require a `zebra' stripe that is
                    clearly visible on the license plate of any motor
                    vehicle owned and operated by a driver with a suspended
                    license.
                        ``(G) Effective dwi tracking system.--The State
                    demonstrates an effective driving while intoxicated
                    (DWI) tracking system. Such a system, as determined by
                    the Secretary, may include data covering arrests, case
                    prosecutions, court dispositions and sanctions, and
                    provide for the linkage of such data and traffic
                    records systems to appropriate jurisdictions and
                    offices within the State.
                        ``(H) Assessment of persons convicted of abuse of
                    controlled substances; assignment of treatment for all
                    dwi/dui offenders.--The State provides for assessment
                    of individuals convicted of driving while intoxicated
                    or driving under the influence of alcohol or controlled
                    substances, and for the assignment of appropriate
                    treatment.
                        ``(I) Use of passive alcohol sensors.--The State
                    provides for a program to acquire passive alcohol
                    sensors to be used by police officers in detecting
                    persons who operate motor vehicles while under the
                    influence of alcohol, and to train police officers in
                    the use of that equipment.
                        ``(J) Effective penalties for provision or sale of
                    alcohol to persons under 21.--The State enacts and
                    enforces a law that provides for effective penalties or
                    other consequences for the sale or provision of
                    alcoholic beverages to any individual under 21 years of
                    age. The Secretary shall determine what penalties are
                    effective.
                ``(6) Definitions.--For the purposes of this subsection,
            the following definitions apply:
                        ``(A) `Alcoholic beverage' has the meaning such
                    term has under section 158(c).
                        ``(B) `Controlled substances' has the meaning such
                    term has under section 102(6) of the Controlled
                    Substances Act (21 U.S.C. 802(6)).
                        ``(C) `Motor vehicle' means a vehicle driven or
                    drawn by mechanical power and manufactured primarily
                    for use on public streets, roads, and highways, but
                    does not include a vehicle operated only on a rail
                    line.
                        ``(D) `Open alcoholic beverage container' means any
                    bottle, can, or other receptacle--
                                ``(i) that contains any amount of an
                            alcoholic beverage; and
                                ``(ii)(I) that is open or has a broken
                            seal, or
                                ``(II) the contents of which are partially
                            removed.
        ``(m) State Highway Safety Data Improvements.--The Secretary shall
    make a grant to a State that takes effective actions to improve the
    timeliness, accuracy, completeness, uniformity, and accessibility of
    the State's data needed to identify priorities within State and local
    highway and traffic safety programs, to evaluate the effectiveness of
    such efforts, and to link these State data systems, including traffic
    records, together and with other data systems within the State, such as
    systems that contain medical and economic data:
                ``(1) First-year grant eligibility.--A State is eligible
            for a first-year grant under this subsection in a fiscal year
            if such State either:
                        ``(A) Demonstrates, to the satisfaction of the
                    Secretary, that it has--
                                ``(i) established a Highway Safety Data and
                            Traffic Records Coordinating Committee with a
                            multidisciplinary membership including the
                            administrators, collectors, and users of such
                            data (including the public health, injury
                            control, and motor carrier communities) of
                            highway safety and traffic records databases;
                                ``(ii) completed within the preceding 5
                            years a highway safety data and traffic records
                            assessment or audit of its highway safety data
                            and traffic records system; and
                                ``(iii) initiated the development of a
                            multiyear highway safety data and traffic
                            records strategic plan to be approved by the
                            Highway Safety Data and Traffic Records
                            Coordinating Committee that identifies and
                            prioritizes its highway safety data and traffic
                            records needs and goals, and that identifies
                            performance-based measures by which progress
                            toward those goals will be determined; or
                        ``(B) provides, to the satisfaction of the
                    Secretary--
                                ``(i) certification that it has met the
                            provisions outlined in clauses (i) and (ii) of
                            subparagraph (A);
                                ``(ii) a multiyear plan that identifies and
                            prioritizes the State's highway safety data and
                            traffic records needs and goals, that specifies
                            how its incentive funds for the fiscal year
                            will be used to address those needs and the
                            goals of the plan, and that identifies
                            performance-based measures by which progress
                            toward those goals will be determined; and
                                ``(iii) certification that the Highway
                            Safety Data and Traffic Records Coordinating
                            Committee continues to operate and supports the
                            multiyear plan described in clause (ii).
                ``(2) First-year grant amount.--The amount of a first-year
            grant made for State highway safety data and traffic records
            improvements for any fiscal year to any State eligible for such
            a grant under paragraph (1)(A) shall equal $1,000,000, subject
            to the availability of appropriations, and for any State
            eligible for such a grant under paragraph (1)(B) of this
            subsection shall equal a proportional amount of the amount
            apportioned to the State for fiscal year 1997 under section
            402, except that no State shall receive less than $250,000,
            subject to the availability of appropriations. The Secretary
            may award a grant of up to $25,000 for 1 year to any State that
            does not meet the criteria established in paragraph (1). The
            grant may only be used to conduct activities needed to enable
            that State to qualify for first-year funding to begin in the
            next fiscal year.
                ``(3) State highway safety data and traffic records
            improvements; succeeding-year grants.--A State shall be
            eligible for a grant in any fiscal year succeeding the first
            fiscal year in which the State receives a State highway safety
            data and traffic records grant if the State, to the
            satisfaction of the Secretary:
                        ``(A) Submits or updates a multiyear plan that
                    identifies and prioritizes the State's highway safety
                    data and traffic records needs and goals, that
                    specifies how its incentive funds for the fiscal year
                    will be used to address those needs and the goals of
                    the plan, and that identifies performance-based
                    measures by which progress toward those goals will be
                    determined.
                        ``(B) Certifies that its Highway Safety Data and
                    Traffic Records Coordinating Committee continues to
                    support the multiyear plan.
                        ``(C) Reports annually on its progress in
                    implementing the multi-year plan.
                ``(4) Succeeding-year grant amounts.--The amount of a
            succeeding-year grant made for State highway safety data and
            traffic records improvements for any fiscal year to any State
            that is eligible for such a grant shall equal a proportional
            amount of the amount apportioned to the State for fiscal year
            1997 under section 402, except that no State shall receive less
            than $225,000, subject to the availability of
            appropriations.''.
        (g) Occupant Protection Program.--
                (1) In general.--Section 410 of title 23, United States
            Code, is amended to read as follows:
    ``Sec. 410. Safety belts and occupant protection programs
        ``(a) In General.--The Secretary shall make basic grants to those
    States that adopt and implement effective programs to reduce highway
    deaths and injuries resulting from persons riding unrestrained or
    improperly restrained in motor vehicles. A State may establish its
    eligibility for 1 or both of the grants by adopting or demonstrating
    the following to the satisfaction of the Secretary:
                ``(1) Basic grant a.--At least 4 of the following:
                        ``(A) Safety belt use law for all front seat
                    occupants.--The State has in effect a safety belt use
                    law that makes unlawful throughout the State the
                    operation of a passenger motor vehicle whenever a
                    person in the front seat of the vehicle (other than a
                    child who is secured in a child restraint system) does
                    not have a safety belt properly secured about the
                    person's body.
                        ``(B) Primary safety belt use law.--The State
                    provides for primary enforcement of its safety belt use
                    law.
                        ``(C) Child passenger protection law; public
                    awareness program.--The State has in effect--
                                ``(i) a law that requires minors who are
                            riding in a passenger motor vehicle to be
                            properly secured in a child safety seat or
                            other appropriate restraint system; and
                                ``(ii) an effective public awareness
                            program that advocates placing passengers under
                            the age of 13 in the back seat of a motor
                            vehicle equipped with a passenger-side air bag
                            whenever possible.
                        ``(D) Child occupant protection education
                    program.--The State demonstrates implementation of a
                    statewide comprehensive child occupant protection
                    education program that includes education about proper
                    seating positions for children in air bag equipped
                    motor vehicles and instruction on how to reduce the
                    improper use of child restraints systems. The States
                    are to submit to the Secretary an evaluation or report
                    on the effectiveness of the programs at least 3 years
                    after receipt of the grant.
                        ``(E) Minimum fines.--The State requires a minimum
                    fine of at least $25 for violations of its safety belt
                    use law and a minimum fine of at least $25 for
                    violations of its child passenger protection law.
                        ``(F) Special traffic enforcement program.--The
                    State demonstrates implementation of a statewide
                    Special Traffic Enforcement Program for occupant
                    protection that emphasizes publicity for the program.
                ``(2) Basic grant b.--Both of the following:
                        ``(A) State safety belt use rate.--The State
                    demonstrates a statewide safety belt use rate in both
                    front outboard seating positions in all passenger motor
                    vehicles of 80 percent or higher in each of the first 3
                    years a grant under this paragraph is received, and of
                    85 percent or higher in each of the fourth, fifth, and
                    sixth years a grant under this paragraph is received.
                        ``(B) Survey method.--The State follows safety belt
                    use survey methods which conform to guidelines issued
                    by the Secretary ensuring that such measurements are
                    accurate and representative.
                ``(3) Basic grant amount.--The amount of each basic grant
            for which a State qualifies under this subsection for any
            fiscal year shall equal up to 20 percent of the amount
            apportioned to the State for fiscal year 1997 under section
            402.
                ``(4) Occupant protection program: supplemental grants.--
            During the period in which a State is eligible for a basic
            grant under this subsection, the State shall be eligible to
            receive a supplemental grant in a fiscal year of up to 5
            percent of the amount apportioned to the State in fiscal year
            1997 under section 402. The State may receive a separate
            supplemental grant for meeting each of the following criteria:
                        ``(A) Penalty points against a driver's license for
                    violations of child passenger protection
                    requirements.--The State has in effect a law that
                    requires the imposition of penalty points against a
                    driver's license for violations of child passenger
                    protection requirements.
                        ``(B) Elimination of nonmedical exemptions to
                    safety belt and child passenger protection laws.--The
                    State has in effect safety belt and child passenger
                    protection laws that contain no nonmedical exemptions.
                        ``(C) Safety belt use in rear seats.--The State has
                    in effect a law that requires safety belt use by all
                    rear-seat passengers in all passenger motor vehicles
                    with a rear seat.
                ``(5) Definitions.--As used in this subsection, the term--
                        ``(A) `child safety seat' means any device except
                    safety belts, designed for use in a motor vehicle to
                    restrain, seat, or position children who weigh 50
                    pounds or less;
                        ``(B) `motor vehicle' means a vehicle driven or
                    drawn by mechanical power and manufactured primarily
                    for use on public streets, roads, and highways, but
                    does not include a vehicle operated only on a rail
                    line;
                        ``(C) `multipurpose passenger vehicle' means a
                    motor vehicle with motive power (except a trailer),
                    designed to carry not more than 10 individuals, that is
                    constructed either on a truck chassis or with special
                    features for occasional off-road operation;
                        ``(D) `passenger car' means a motor vehicle with
                    motive power (except a multipurpose passenger vehicle,
                    motorcycle, or trailer) designed to carry not more than
                    10 individuals.
                        ``(E) `passenger motor vehicle' means a passenger
                    car or a multipurpose passenger motor vehicle; and
                        ``(F) `safety belt' means--
                                ``(i) with respect to open-body passenger
                            vehicles, including convertibles, an occupant
                            restraint system consisting of a lap belt or a
                            lap belt and a detachable shoulder belt; and
                                ``(ii) with respect to other passenger
                            vehicles, an occupant restraint system
                            consisting of integrated lap and shoulder
                            belts.
        ``(b) Child Occupant Protection Education Grants.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Covered child occupant protection education
                    program.--The term `covered child occupant protection
                    education program' means a program described in
                    subsection (a)(1)(D).
                        ``(B) Covered state.--The term `covered State'
                    means a State that demonstrates the implementation of a
                    program described in subsection (a)(1)(D).
                ``(2) Child passenger education.--
                        ``(A) Grants.--
                                ``(i) In general.--Subject to the
                            availability of appropriations, the Secretary
                            may make a grant to a covered State that
                            submits an application, in such form and manner
                            as the Secretary may prescribe, that is
                            approved by the Secretary to carry out the
                            activities specified in subparagraph (B)
                            through--
                                        ``(I) the covered child occupant
                                    protection program of the State; and
                                        ``(II) at the option of the State,
                                    a grant program established by the
                                    State to provide for the carrying out
                                    of 1 or more of the activities
                                    specified in subparagraph (B) by a
                                    political subdivision of the State or
                                    an appropriate private entity.
                                ``(ii) Grant awards.--The Secretary may
                            make a grant under this subsection without
                            regard to whether a covered State is eligible
                            to receive, or has received, a grant under
                            subsection (a).
                        ``(B) Use of funds.--Funds provided to a State
                    under a grant under this subsection shall be used to
                    implement child restraint programs that--
                                ``(i) are designed to prevent deaths and
                            injuries to children under the age of 9; and
                                ``(ii) educate the public concerning--
                                        ``(I) all aspects of the proper
                                    installation of child restraints using
                                    standard seatbelt hardware,
                                    supplemental hardware, and modification
                                    devices (if needed), including special
                                    installation techniques; and
                                        ``(II)(aa) appropriate child
                                    restraint design selection and
                                    placement and; and
                                        ``(bb) harness threading and
                                    harness adjustment; and
                                ``(iii) train and retrain child passenger
                            safety professionals, police officers, fire and
                            emergency medical personnel, and other
                            educators concerning all aspects of child
                            restraint use.
                        ``(C) Reports.--
                                ``(i) In general.--The appropriate official
                            of each State that receives a grant under this
                            subsection shall prepare, and submit to the
                            Secretary, an annual report for the period
                            covered by the grant.
                                ``(ii) Requirements for reports.--A report
                            described in clause (i) shall--
                                        ``(I) contain such information as
                                    the Secretary may require; and
                                        ``(II) at a minimum, describe the
                                    program activities undertaken with the
                                    funds made available under the grant.
                        ``(D) Report to congress.--Not later than 1 year
                    after the date of enactment of the Intermodal Surface
                    Transportation Efficiency Act of 1998, and annually
                    thereafter, the Secretary shall prepare, and submit to
                    Congress, a report on the implementation of this
                    subsection that includes a description of the programs
                    undertaken and materials developed and distributed by
                    the States that receive grants under this subsection.
                ``(3) Authorization of appropriations.--There are
            authorized to be appropriated to the Department of
            Transportation to carry out this subsection, $7,500,000 for
            each of fiscal years 1999 and 2000.''.
                (2) Conforming amendment.--The chapter analysis for chapter
            4 of that title is amended by striking the item relating to
            section 410 and inserting the following:

    ``410. Safety belts and occupant protection programs.''.
        (h) Drugged Driver Research and Demonstration Program.--Section
    403(b) of title 23, United States Code, is amended--
                (1) by inserting ``(1)'' before ``In addition'';
                (2) by striking ``is authorized to'' and inserting
            ``shall'';
                (3) by redesignating paragraphs (1) and (2) as
            subparagraphs (A) and (B); and
                (4) by inserting after subparagraph (B), as redesignated,
            the following:
                ``(C) Measures that may deter drugged driving.''.

    SEC. 3102. NATIONAL DRIVER REGISTER.

        (a) Transfer of Selected Functions to Non-Federal Management.--
    Section 30302 is amended by adding at the end the following:
        ``(e) Transfer of Selected Functions to Non-Federal Management.--
                ``(1) The Secretary may enter into an agreement with an
            organization that represents the interests of the States to
            manage, administer, and operate the National Driver Register's
            computer timeshare and user assistance functions. If the
            Secretary decides to enter into such an agreement, the
            Secretary shall ensure that the management of these functions
            is compatible with this chapter and the regulations issued to
            implement this chapter.
                ``(2) Any transfer of the National Driver Register's
            computer timeshare and user assistance functions to an
            organization that represents the interests of the States shall
            begin only after a determination is made by the Secretary that
            all States are participating in the National Driver Register's
            `Problem Driver Pointer System' (the system used by the
            Register to effect the exchange of motor vehicle driving
            records), and that the system is functioning properly.
                ``(3) The agreement entered into under this subsection
            shall include a provision for a transition period sufficient to
            allow the States to make the budgetary and legislative changes
            they may need to pay fees charged by the organization
            representing their interests for their use of the National
            Driver Register's computer timeshare and user assistance
            functions. During this transition period, the Secretary
            (through the National Highway Traffic Safety Administration)
            shall continue to fund these transferred functions.
                ``(4) The total of the fees charged by the organization
            representing the interests of the States in any fiscal year for
            the use of the National Driver Register's computer timeshare
            and user assistance functions shall not exceed the total cost
            to the organization for performing these functions in such
            fiscal year.
                ``(5) Nothing in this subsection shall be construed to
            diminish, limit, or otherwise affect the authority of the
            Secretary to carry out this chapter.''.
        (b) Access To Register Information.--Section 30305(b) is amended
    by--
                (1) by striking ``request.'' in paragraph (2) and inserting
            the following: ``request, unless the information is about a
            revocation or suspension still in effect on the date of the
            request'';
                (2) by inserting after paragraph (6) the following:
                ``(7) The head of a Federal department or agency that
            issues motor vehicle operator's licenses may request the chief
            driver licensing official of a State to obtain information
            under subsection (a) about an individual applicant for a motor
            vehicle operator's license from such department or agency. The
            department or agency may receive the information, provided it
            transmits to the Secretary a report regarding any individual
            who is denied a motor vehicle operator's license by that
            department or agency for cause; whose motor vehicle operator's
            license is revoked, suspended, or canceled by that department
            or agency for cause; or about whom the department or agency has
            been notified of a conviction of any of the motor vehicle-
            related offenses or comparable offenses listed in section
            30304(a)(3) and over whom the department or agency has
            licensing authority. The report shall contain the information
            specified in section 30304(b).
                ``(8) The head of a Federal department or agency authorized
            to receive information regarding an individual from the
            Register under this section may request and receive such
            information from the Secretary.'';
                (3) by redesignating paragraphs (7) and (8) as paragraphs
            (9) and (10), respectively; and
                (4) by striking ``paragraph (2)'' in paragraph (10), as
            redesignated, and inserting ``subsection (a)''.

    SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

        The following sums are authorized to be appropriated out of the
    Highway Trust Fund (other than the Mass Transit Account):
                (1) Consolidated state highway safety programs.--
                        (A) For carrying out the State and Community
                    Highway Safety Program under section 402 of title 23,
                    United States Code, by the National Highway Traffic
                    Safety Administration, except for the incentive
                    programs under subsections (l) and (m) of that
                    section--
                                (i) $117,858,000 for fiscal year 1998;
                                (ii) $123,492,000 for fiscal year 1999;
                                (iii) $126,877,000 for fiscal year 2000;
                                (iv) $130,355,000 for fiscal year 2001;
                                (v) $133,759,000 for fiscal year 2002; and
                                (vi) $141,803,000 for fiscal year 2003.
                        (B) To carry out the alcohol-impaired driving
                    countermeasures incentive grant provisions of section
                    402(l) of title 23, United States Code, by the National
                    Highway Traffic Safety Administration--
                                (i) $30,570,000 for fiscal year 1998;
                                (ii) $28,500,000 for fiscal year 1999;
                                (iii) $29,273,000 for fiscal year 2000;
                                (iv) $30,065,000 for fiscal year 2001;
                                (v) $38,743,000 for fiscal year 2002; and
                                (vi) $39,815,000 for fiscal year 2003.
                    Amounts made available to carry out section 402(l) of
                    title 23, United States Code, are authorized to remain
                    available until expended, provided that, in each fiscal
                    year the Secretary may reallocate any amounts remaining
                    available under section 402(l) of section 402 of title
                    23, United States Code, as necessary to ensure, to the
                    maximum extent possible, that States may receive the
                    maximum incentive funding for which they are eligible
                    under these programs.
                        (C) To carry out the occupant protection program
                    incentive grant provisions of section 410 of title 23,
                    United States Code, by the National Highway Traffic
                    Safety Administration--
                                (i) $13,950,000 for fiscal year 1998;
                                (ii) $14,618,000 for fiscal year 1999;
                                (iii) $15,012,000 for fiscal year 2000;
                                (iv) $15,418,000 for fiscal year 2001;
                                (v) $17,640,000 for fiscal year 2002; and
                                (vi) $17,706,000 for fiscal year 2003.
                    Amounts made available to carry out section 410 of
                    title 23, United States Code, are authorized to remain
                    available until expended, provided that, in each fiscal
                    year the Secretary may reallocate any amounts remaining
                    available under section 410 of title 23, United States
                    Code, to subsections (l) and (m) of section 402 of
                    title 23, United States Code, as necessary to ensure,
                    to the maximum extent possible, that States may receive
                    the maximum incentive funding for which they are
                    eligible under these programs.
                        (D) To carry out the State highway safety data
                    improvements incentive grant provisions of section
                    402(m) of title 23, United States Code, by the National
                    Highway Traffic Safety Administration--
                                (i) $8,370,000 for fiscal year 1998;
                                (ii) $8,770,000 for fiscal year 1999;
                                (iii) $9,007,000 for fiscal year 2000; and
                                (iv) $9,250,000 for fiscal year 2001.
                    Amounts made available to carry out section 402(m) of
                    title 23, United States Code, are authorized to remain
                    available until expended.
                        (E) To carry out the drugged driving research and
                    demonstration programs of section 403(b)(1) of title
                    23, United States Code, by the National Highway Traffic
                    Safety Administration, $2,000,000 for each of fiscal
                    years 1999, 2000, 2001, 2002, and 2003.
                (2) Section 403 highway safety and research.--For carrying
            out the functions of the Secretary, by the National Highway
            Traffic Safety Administration, for highway safety under section
            403 of title 23, United States Code, there are authorized to be
            appropriated $60,100,000 for each of fiscal years 1998, 1999,
            2000, 2001, and 2002, and $61,700,000 for fiscal year 2003.
                (3) Public education effort.--Out of funds made available
            for carrying out programs under section 403 of title 23, United
            States Code, for each of fiscal years 1998, 1999, 2000, 2001,
            2002, and 2003, the Secretary of Transportation shall obligate
            at least $500,000 to educate the motoring public on how to
            share the road safely with commercial motor vehicles.
                (4) National driver register.--For carrying out chapter 303
            (National Driver Register) of title 49, United States Code, by
            the National Highway Traffic Safety Administration--
                        (A) $1,605,000 for fiscal year 1998;
                        (B) $1,680,000 for fiscal year 1999;
                        (C) $1,726,000 for fiscal year 2000;
                        (D) $1,772,000 for fiscal year 2001;
                        (E) $1,817,000 for fiscal year 2002; and
                        (F) $1,872,000 for fiscal year 2003.

    SEC. 3104. MOTOR VEHICLE PURSUIT PROGRAM.

        (a) Motor Vehicle Pursuit Program.--
                (1) Training.--Section 403(b)(1) of title 23, United States
            Code, as amended by section 3101(h), is amended by adding at
            the end thereof the following:
                        ``(D) Programs to train law enforcement officers on
                    motor vehicle pursuits conducted by law enforcement
                    officers.''.
                (2) Funding.--Out of amounts appropriated to carry out
            section 403 of title 23, United States Code, the Secretary of
            Transportation may use such amounts as may be necessary to
            carry out the motor vehicle pursuit training program of section
            403(b)(1)(D) of title 23, United States Code, but not in excess
            of $1,000,000 for each of fiscal years 1999, 2000, 2001, 2002,
            and 2003.
        (b) Report of Federal Policies and Procedures.--Not later than 180
    days after the date of enactment of this Act, the Attorney General of
    the United States, the Secretary of Agriculture, the Secretary of the
    Interior, the Secretary of the Treasury, the Chief of Capitol Police,
    and the Administrator of General Services shall each transmit to
    Congress a report containing--
                (1) the policy of the department or agency headed by that
            individual concerning motor vehicle pursuits by law enforcement
            officers of that department or agency; and
                (2) a description of the procedures that the department or
            agency uses to train law enforcement officers in the
            implementation of the policy referred to in paragraph (1).

    SEC. 3105. ENFORCEMENT OF WINDOW GLAZING STANDARDS FOR LIGHT
                  TRANSMISSION.

        Section 402(a) of title 23, United States Code, is amended by
    striking ``post-accident procedures.'' and inserting ``post-accident
    procedures, including the enforcement of light transmission standards
    of glazing for passenger motor vehicles and light trucks as necessary
    to improve highway safety.''.

    SEC. 3106. IMPROVING AIR BAG SAFETY.

        (a) Suspension of Unbelted Barrier Testing.--The provision in
    Federal Motor Vehicle Safety Standard No. 208, Occupant crash
    protection, 49 CFR 571.208, that requires air bag-equipped vehicles to
    be crashed into a barrier using unbelted 50th percentile adult male
    dummies is suspended until either the rule issued under subsection (b)
    goes into effect or, prior to the effective date of the rule, the
    Secretary of Transportation, after reporting to the Commerce Committee
    of the House of Representatives, and the Committee on Commerce,
    Science, and Transportation of the Senate, determines by rule that
    restoring the test is necessary to accomplish the purposes of
    subsection (b).
        (b) Rulemaking to Improve Air Bags.--
                (1) Notice of proposed rulemaking.--Not later than June 1,
            1998, the Secretary of Transportation shall issue a notice of
            proposed rulemaking to improve the occupant protection for all
            occupants provided by Federal Motor Vehicle Safety Standard No.
            208, while minimizing the risk to infants, children, and other
            occupants from injuries and deaths caused by air bags, by means
            that include advanced air bags.
                (2) Final rule.--The Secretary shall complete the
            rulemaking required by this subsection by issuing, not later
            than June 1, 1999, a final rule consistent with paragraph (1).
            If the Secretary determines that the final rule cannot be
            completed by that date to meet the purposes of paragraph (1),
            and advises the Congress of the reasons for this determination,
            the Secretary may extend the date for issuing the final rule by
            not more than one year. The Congress may, by joint resolution,
            grant a further extension of the date for issuing a final rule.
                (3) Methods to ensure protection.--Notwithstanding
            subsection (a) of this section, the rule required by paragraph
            (2) may include such tests, including tests with dummies of
            different sizes, as the Secretary determines to be reasonable,
            practicable, and appropriate to meet the purposes of paragraph
            (1).
                (4) Effective date.--The final rule issued under this
            subsection shall become effective in phases as rapidly as
            practicable, beginning not earlier than September 1, 2001, and
            not later than September 1, 2002, and shall become effective
            not later than September 1, 2005, for all motor vehicles in
            which air bags are required to be installed. If the Secretary
            determines that the September 1, 2005, effective date is not
            practicable to meet the purposes of paragraph (1), the
            Secretary may extend the effective date for not more than one
            year. The Congress may, by joint resolution, grant a further
            extension of the effective date.
        (c) Report on Air Bag Improvements.--Not later than 6 months after
    the enactment of this section, the Secretary of Transportation shall
    report to Congress on the development of technology to improve the
    protection given by air bags and reduce the risks from air bags. To the
    extent possible, the report shall describe the performance
    characteristics of advanced air bag devices, their estimated cost,
    their estimated benefits, and the time within which they could be
    installed in production vehicles.

    SEC. 3107. ROADSIDE SAFETY TECHNOLOGIES.

        (a) Crash Cushions.--
                (1) Guidance.--The Secretary shall initiate and issue a
            guidance regarding the benefits and safety performance of
            redirective and nonredirective crash cushions in different road
            applications, taking into consideration roadway conditions,
            operating speed limits, the location of the crash cushion in
            the right-of-way, and any other relevant factors. The guidance
            shall include recommendations on the most appropriate
            circumstances for utilization of redirective and nonredirective
            crash cushions.
                (2) Use of guidance.--States shall use the guidance issued
            under this subsection in evaluating the safety and cost-
            effectiveness of utilizing different crash cushion designs and
            determining whether redirective or nonredirective crash
            cushions or other safety appurtenances should be installed at
            specific highway locations.

         Subtitle B--Hazardous Materials Transportation Reauthorization

    SEC. 3201. FINDINGS AND PURPOSES; DEFINITIONS.

        (a) Findings and Purposes.--Section 5101 is amended to read as
    follows:
    ``Sec. 5101. Findings and purposes
        ``(a) Findings.--Congress finds with respect to hazardous materials
    transportation that--
                ``(1) approximately 4,000,000,000 tons of regulated
            hazardous materials are transported each year and that
            approximately 1,000,000 movements of hazardous materials occur
            each day, according to Department of Transportation estimates;
                ``(2) accidents involving the release of hazardous
            materials are a serious threat to public health and safety;
                ``(3) many States and localities have enacted laws and
            regulations that vary from Federal laws and regulations
            pertaining to the transportation of hazardous materials,
            thereby creating the potential for unreasonable hazards in
            other jurisdictions and confounding shippers and carriers that
            attempt to comply with multiple and conflicting registration,
            permitting, routings, notification, loading, unloading,
            incidental storage, and other regulatory requirements;
                ``(4) because of the potential risks to life, property and
            the environment posed by unintentional releases of hazardous
            materials, consistency in laws and regulations governing the
            transportation of hazardous materials, including loading,
            unloading, and incidental storage, is necessary and desirable;
                ``(5) in order to achieve greater uniformity and to promote
            the public health, welfare, and safety at all levels, Federal
            standards for regulating the transportation of hazardous
            materials in intrastate, interstate, and foreign commerce are
            necessary and desirable;
                ``(6) in order to provide reasonable, adequate, and cost-
            effective protection from the risks posed by the transportation
            of hazardous materials, a network of adequately trained State
            and local emergency response personnel is required;
                ``(7) the movement of hazardous materials in commerce is
            necessary and desirable to maintain economic vitality and meet
            consumer demands, and shall be conducted in a safe and
            efficient manner;
                ``(8) primary authority for the regulation of such
            transportation should be consolidated in the Department of
            Transportation to ensure the safe and efficient movement of
            hazardous materials in commerce; and
                ``(9) emergency response personnel have a continuing need
            for training on responses to releases of hazardous materials in
            transportation and small businesses have a continuing need for
            training on compliance with hazardous materials regulations.
        ``(b) Purposes.--The purposes of this chapter are--
                ``(1) to ensure the safe and efficient transportation of
            hazardous materials in intrastate, interstate, and foreign
            commerce, including the loading, unloading, and incidental
            storage of hazardous material;
                ``(2) to provide the Secretary with preemption authority to
            achieve uniform regulation of hazardous material
            transportation, to eliminate inconsistent rules that apply
            differently from Federal rules, to ensure efficient movement of
            hazardous materials in commerce, and to promote the national
            health, welfare, and safety; and
                ``(3) to provide adequate training for public sector
            emergency response teams to ensure safe responses to hazardous
            material transportation accidents and incidents.''.
        (b) Definitions.--Section 5102 is amended by--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) `commerce' means trade or transportation in the
            jurisdiction of the United States--
                        ``(A) between a place in a State and a place
                    outside of the State;
                        ``(B) that affects trade or transportation between
                    a place in a State and a place outside of the State; or
                        ``(C) on a United States-registered aircraft.'';
                (2) by striking paragraphs (3) and (4) and inserting the
            following:
                ``(3) `hazmat employee' means an individual who--
                        ``(A) is--
                                ``(i) employed by a hazmat employer,
                                ``(ii) self-employed, or
                                ``(iii) an owner-operator of a motor
                            vehicle; and
                        ``(B) during the course of employment--
                                ``(i) loads, unloads, or handles hazardous
                            material;
                                ``(ii) manufactures, reconditions, or tests
                            containers, drums, or other packagings
                            represented as qualified for use in
                            transporting hazardous material;
                                ``(iii) performs any function pertaining to
                            the offering of hazardous material for
                            transportation;
                                ``(iv) is responsible for the safety of
                            transporting hazardous material; or
                                ``(v) operates a vehicle used to transport
                            hazardous material.
                ``(4) `hazmat employer' means a person who--
                        ``(A) either--
                                ``(i) is self-employed,
                                ``(ii) is an owner-operator of a motor
                            vehicle, or
                                ``(iii) has at least 1 employee; and
                        ``(B) performs a function, or uses at least 1
                    employee, in connection with--
                                ``(i) transporting hazardous material in
                            commerce;
                                ``(ii) causing hazardous material to be
                            transported in commerce, or
                                ``(iii) manufacturing, reconditioning, or
                            testing containers, drums, or other packagings
                            represented as qualified for use in
                            transporting hazardous material.'';
                (3) by striking ``title.'' in paragraph (7) and inserting
            ``title, except that a freight forwarder is included only if
            performing a function related to highway transportation.'';
                (4) by redesignating paragraphs (9) through (13) as
            paragraphs (12) through (16), respectively;
                (5) by inserting after paragraph (8) the following:
                ``(9) `out-of-service order' means a mandate that an
            aircraft, vessel, motor vehicle, train, other vehicle, or a
            part of any of these, not be moved until specified conditions
            have been met.
                ``(10) `package' or `outside package' means a packaging
            plus its contents.
                ``(11) `packaging' means a receptacle and any other
            components or materials necessary for the receptacle to perform
            its containment function in conformance with the minimum
            packaging requirements established by the Secretary of
            Transportation.''; and
                (6) by striking ``or transporting hazardous material to
            further a commercial enterprise;'' in paragraph (12)(A), as
            redesignated by paragraph (4) of this subsection, and inserting
            ``, and transporting hazardous material to further a commercial
            enterprise, or manufacturing, reconditioning, or testing
            containers, drums, or other packagings represented as qualified
            for use in transporting hazardous material''.
        (c) Clerical Amendment.--The chapter analysis of chapter 51 is
    amended by striking the item relating to section 5101 and inserting the
    following:

    ``5101. Findings and purposes.''.

    SEC. 3202. HANDLING CRITERIA REPEAL.

        Section 5106 is repealed and the chapter analysis of chapter 51 is
    amended by striking the item relating to that section.

    SEC. 3203. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

        Section 5107(f)(2) is amended by striking ``and section 5106, and
    subsections (a) through (g)(1) and (h) of section 5108(a), and 5109 of
    this title''.

    SEC. 3204. REGISTRATION.

        Section 5108 is amended by--
                (1) by striking subsection (b)(1)(C) and inserting the
            following:
                        ``(C) each State in which the person carries out
                    any of the activities.'';
                (2) by striking subsection (c) and inserting the following:
        ``(c) Filing Schedule.--Each person required to file a registration
    statement under subsection (a) of this section shall file that
    statement annually in accordance with regulations issued by the
    Secretary.'';
                (3) by striking ``552(f)'' in subsection (f) and inserting
            ``552(b)'';
                (4) by striking ``may'' in subsection (g)(1) and inserting
            ``shall''; and
                (5) by inserting ``or an Indian tribe,'' in subsection
            (i)(2)(B) after ``State,''.

    SEC. 3205. SHIPPING PAPER RETENTION.

        Section 5110(e) is amended by striking the first sentence and
    inserting ``After expiration of the requirement in subsection (c), the
    person who provided the shipping paper and the carrier required to
    maintain it under subsection (a) shall retain the paper or an
    electronic image thereof, for a period of 1 year after the shipping
    paper was provided to the carrier, to be accessible through their
    respective principal places of business.''.

    SEC. 3206. PUBLIC SECTOR TRAINING CURRICULUM.

        Section 5115 is amended--
                (1) in subsection (a), by striking ``Development and
            Updating.--Not later than November 16, 1992, in'' and inserting
            ``Updating.--In'';
                (2) in the first sentence of subsection (a), by striking
            ``develop and'';
                (3) in subsection (a), by striking the second sentence;
                (4) in the first sentence of subsection (b), by striking
            ``developed'';
                (5) in subparagraphs (A) and (B) of subsection (b)(1), by
            inserting ``or involving an alternative fuel vehicle'' after
            ``material''; and
                (6) by striking subsection (d) and inserting the following:
        ``(d) Distribution and Publication.--With the national response
    team, the Secretary of Transportation may publish a list of programs
    that use a course developed under this section for training public
    sector employees to respond to an accident or incident involving the
    transportation of hazardous material.''.

    SEC. 3207. PLANNING AND TRAINING GRANTS.

        Section 5116 is amended by--
                (1) by striking ``of'' in the second sentence of subsection
            (e) and inserting ``received by'';
                (2) by striking subsection (f) and inserting the following:
        ``(f) Monitoring and Technical Assistance.--The Secretary of
    Transportation shall monitor public sector emergency response planning
    and training for an accident or incident involving hazardous material.
    Considering the results of the monitoring, the Secretary shall provide
    technical assistance to a State, political subdivision of a State, or
    Indian tribe for carrying out emergency response training and planning
    for an accident or incident involving hazardous material and shall
    coordinate the assistance using the existing coordinating mechanisms of
    the national response team for oil and hazardous substances and, for
    radioactive material, the Federal Radiological Preparedness
    Coordinating Committee.''; and
                (3) by adding at the end thereof the following:
        ``(l) Small Businesses.--The Secretary may authorize a State or
    Indian tribe receiving a grant under this section to use up to 25
    percent of the amount of the grant to assist small businesses in
    complying with regulations issued under this chapter.''.

    SEC. 3208. SPECIAL PERMITS, PILOT PROGRAMS, AND EXCLUSIONS.

        (a) Section 5117 is amended--
                (1) by striking the section heading and inserting the
            following:
    ``Sec. 5117. Special permits, pilot programs, exemptions, and
                  exclusions'';
                (2) by striking ``2 years'' in subsection (a)(2) and
            inserting ``4 years'';
                (3) by redesignating subsection (e) as subsection (f); and
                (4) by inserting after subsection (d) the following:
        ``(e) Authority to Carry out Pilot Programs.--
                ``(1) In general.--The Secretary is authorized to carry out
            pilot programs to examine innovative approaches or alternatives
            to regulations issued under this chapter for private motor
            carriage in intrastate transportation of an agricultural
            production material from--
                        ``(A) a source of supply to a farm;
                        ``(B) a farm to another farm;
                        ``(C) a field to another field on a farm; or
                        ``(D) a farm back to the source of supply.
                ``(2) Limitation.--The Secretary may not carry out a pilot
            program under paragraph (1) if the Secretary determines that
            the program would pose an undue risk to public health and
            safety.
                ``(3) Safety levels.--In carrying out a pilot project under
            this subsection, the Secretary shall require, as a condition of
            approval of the project, that the safety measures in the
            project are designed to achieve a level of safety that is
            equivalent to, or greater than, the level of safety that would
            otherwise be achieved through compliance with the standards
            prescribed under this chapter.
                ``(4) Termination of project.--The Secretary shall
            immediately terminate any project entered into under this
            subsection if the motor carrier or other entity to which it
            applies fails to comply with the terms and conditions of the
            pilot project or the Secretary determines that the project has
            resulted in a lower level of safety than was maintained before
            the project was initiated.
                ``(5) Nonapplication.--This subsection does not apply to
            the application of regulations issued under this chapter to
            vessels or aircraft.''.
        (b) Section 5119(c) is amended by adding at the end the following:
                ``(4) Pending promulgation of regulations under this
            subsection, States may participate in a program of uniform
            forms and procedures recommended by the working group under
            subsection (b).''.
        (c) The chapter analysis for chapter 51 is amended by striking the
    item related to section 5117 and inserting the following:

    ``5117. Special permits, pilot programs, exemptions, and exclusions.''.

    SEC. 3209. ADMINISTRATION.

        (a) Section 5121 is amended by striking subsections (a), (b), and
    (c) and redesignating subsections (d) and (e) as subsections (a) and
    (b), respectively.
        (b) Section 5122 is amended by redesignating subsections (a), (b),
    and (c) as subsections (d), (e), and (f), and by inserting before
    subsection (d), as redesignated, the following:
        ``(a) General Authority.--To carry out this chapter, the Secretary
    of Transportation may investigate, make reports, issue subpoenas,
    conduct hearings, require the production of records and property, take
    depositions, and conduct research, development, demonstration, and
    training activities. After notice and an opportunity for a hearing, the
    Secretary may issue an order requiring compliance with this chapter or
    a regulation prescribed under this chapter.
        ``(b) Records, Reports, and Information.--A person subject to this
    chapter shall--
                ``(1) maintain records, make reports, and provide
            information the Secretary by regulation or order requires; and
                ``(2) make the records, reports, and information available
            when the Secretary requests.
        ``(c) Inspection.--
                ``(1) The Secretary may authorize an officer, employee, or
            agent to inspect, at a reasonable time and in a reasonable way,
            records and property related to--
                        ``(A) manufacturing, fabricating, marking,
                    maintaining, reconditioning, repairing, testing, or
                    distributing a packaging or a container for use by a
                    person in transporting hazardous material in commerce;
                    or
                        ``(B) the transportation of hazardous material in
                    commerce.
                ``(2) An officer, employee, or agent under this subsection
            shall display proper credentials when requested.''.

    SEC. 3210. COOPERATIVE AGREEMENTS.

        Section 5121, as amended by section 3209(a), is further amended by
    adding at the end thereof the following:
        ``(f) Authority for Cooperative Agreements.--To carry out this
    chapter, the Secretary may enter into grants, cooperative agreements,
    and other transactions with a person, agency or instrumentality of the
    United States, a unit of State or local government, an Indian tribe, a
    foreign government (in coordination with the State Department), an
    educational institution, or other entity to further the objectives of
    this chapter. The objectives of this chapter include the conduct of
    research, development, demonstration, risk assessment, emergency
    response planning and training activities.''.

    SEC. 3211. ENFORCEMENT.

        Section 5122, as amended by section 3209(b), is further amended--
                (1) in the first sentence of subsection (a), by inserting
            ``inspect,'' after ``may'';
                (2) by striking the last sentence of subsection (a) and
            inserting: ``Except as provided in subsection (e) of this
            section, the Secretary shall provide notice and an opportunity
            for a hearing prior to issuing an order requiring compliance
            with this chapter or a regulation, order, special permit, or
            approval issued under this chapter.''; and
                (3) by redesignating subsections (d), (e) and (f) as
            subsections (f), (g) and (h), and inserting after subsection
            (c) the following:
        ``(d) Other Authority.--
                ``(1) Inspection.--During inspections and investigations,
            officers, employees, or agents of the Secretary may--
                        ``(A) open and examine the contents of a package
                    offered for, or in, transportation when--
                                ``(i) the package is marked, labeled,
                            certified, placarded, or otherwise represented
                            as containing a hazardous material, or
                                ``(ii) there is an objectively reasonable
                            and articulable belief that the package may
                            contain a hazardous material;
                        ``(B) take a sample, sufficient for analysis, of
                    material marked or represented as a hazardous material
                    or for which there is an objectively reasonable and
                    articulable belief that the material may be a hazardous
                    material, and analyze that material;
                        ``(C) when there is an objectively reasonable and
                    articulable belief that an imminent hazard may exist,
                    prevent the further transportation of the material
                    until the hazardous qualities of that material have
                    been determined; and
                        ``(D) when safety might otherwise be compromised,
                    authorize properly qualified personnel to conduct the
                    examination, sampling, or analysis of a material.
                ``(2) Notification.--No package opened pursuant to this
            subsection shall continue its transportation until the officer,
            employee, or agent of the Secretary--
                        ``(A) affixes a label to the package indicating
                    that the package was inspected pursuant to this
                    subsection; and
                        ``(B) notifies the shipper that the package was
                    opened for examination.
        ``(e) Emergency Orders.--
                ``(1) If, through testing, inspection, investigation, or
            research carried out under this chapter, the Secretary decides
            that an unsafe condition or practice, or a combination of them,
            causes an emergency situation involving a hazard of death,
            personal injury, or significant harm to the environment, the
            Secretary may immediately issue or impose restrictions,
            prohibitions, recalls, or out-of-service orders, without notice
            or the opportunity for a hearing, that may be necessary to
            abate the situation.
                ``(2) The Secretary's action under this subsection must be
            in a written order describing the condition or practice, or
            combination of them, that causes the emergency situation;
            stating the restrictions, prohibitions, recalls, or out-of-
            service orders being issued or imposed; and prescribing
            standards and procedures for obtaining relief from the order.
                ``(3) After taking action under this subsection, the
            Secretary shall provide an opportunity for review of that
            action under section 554 of title 5.
                ``(4) If a petition for review is filed and the review is
            not completed by the end of the 30-day period beginning on the
            date the petition was filed, the action will cease to be
            effective at the end of that period unless the Secretary
            determines in writing that the emergency situation still
            exists.''.

    SEC. 3212. PENALTIES.

        (a) In General.--Section 5123(a)(1) is amended by striking the
    first sentence and inserting the following: ``A person that knowingly
    violates this chapter or a regulation, order, special permit, or
    approval issued under this chapter is liable to the United States
    Government for a civil penalty of at least $250 but not more than
    $27,500 for each violation.''.
        (b) Degree of Culpability.--Section 5123(c)(2) is amended to read
    as follows:
                ``(2) with respect to the violator, the degree of
            culpability, any good-faith efforts to comply with the
            applicable requirements, any history of prior violations, any
            economic benefit resulting from the violation, the ability to
            pay, and any effect on the ability to continue to do business;
            and''.
        (c) Criminal Penalty.--Section 5124 is amended to read as follows:
    ``Sec. 5124. Criminal penalty
        ``(a) In General.--A person knowingly violating section 5104(b) of
    this title or willfully violating this chapter or a regulation, order,
    special permit, or approval issued under this chapter, shall be fined
    under title 18, imprisoned for not more than 5 years, or both.
        ``(b) Aggravated Violations.--A person knowingly violating section
    5104(b) of this title or willfully violating this chapter or a
    regulation, order, special permit, or approval issued under this
    chapter, and thereby causing the release of a hazardous material, shall
    be fined under title 18, imprisoned for not more than 20 years, or
    both.''.

    SEC. 3213. PREEMPTION.

        (a) Requirements Contrary to Purposes of Chapter.--Section
    5125(a)(2) is amended by inserting ``, the purposes of this chapter,''
    after ``this chapter'' the first place it appears.
        (b) Deadwood.--Section 5125(b)(2) is amended by striking
    ``prescribes after November 16, 1990.'' and inserting ``prescribes.''.
        (c) Independent Application of Preemption Standards.--Section 5125
    is amended by adding at the end thereof the following:
        ``(h) Independent Application of Each Standard.--Each preemption
    standard in subsections (a), (b)(1), (c), and (g) of this section and
    section 5119(c)(2) is independent in its application to a requirement
    of any State, political subdivision of a State, or Indian tribe.''.

    SEC. 3214. JUDICIAL REVIEW.

        (a) In General.--Chapter 51 is amended by redesignating section
    5127 as section 5128, and by inserting after section 5126 the following
    new section:
    ``Sec. 5127. Judicial review
        ``(a) Filing and Venue.--Except as provided in section 20114(c), a
    person disclosing a substantial interest in a final order issued, under
    the authority of section 5122 or 5123, by the Secretary of
    Transportation, the Administrators of the Research and Special Programs
    Administration, the Federal Aviation Administration, or the Federal
    Highway Administration, or the Commandant of the United States Coast
    Guard (`modal Administrator'), with respect to the duties and powers
    designated to be carried out by the Secretary under this chapter, may
    apply for review in the United States Court of Appeals for the District
    of Columbia or in the court of appeals for the United States for the
    circuit in which the person resides or has its principal place of
    business. The petition must be filed not more than 60 days after the
    order is issued. The court may allow the petition to be filed after the
    60th day only if there are reasonable grounds for not filing by the
    60th day.
        ``(b) Judicial Procedures.--When a petition is filed under
    subsection (a) of this section, the clerk of the court immediately
    shall send a copy of the petition to the Secretary or the modal
    Administrator, as appropriate. The Secretary or the modal Administrator
    shall file with the court a record of any proceeding in which the order
    was issued, as provided in section 2112 of title 28.
        ``(c) Authority of Court.--When the petition is sent to the
    Secretary or the modal Administrator, the court has exclusive
    jurisdiction to affirm, amend, modify, or set aside any part of the
    order and may order the Secretary or the modal Administrator to conduct
    further proceedings. After reasonable notice to the Secretary or the
    modal Administrator, the court may grant interim relief by staying the
    order or taking other appropriate action when good cause for its action
    exists. Findings of fact by the Secretary or the modal Administrator,
    if supported by substantial evidence, are conclusive.
        ``(d) Requirement for Prior Objection.--In reviewing a final order
    under this section, the court may consider an objection to a final
    order of the Secretary or the modal Administrator only if the objection
    was made in the course of a proceeding or review conducted by the
    Secretary, the modal Administrator, or an administrative law judge, or
    if there was a reasonable ground for not making the objection in the
    proceeding.
        ``(e) Supreme Court Review.--A decision by a court under this
    section may be reviewed only by the Supreme Court under section 1254 of
    title 28, United States Code.''.
        (b) Clerical Amendment.--The chapter analysis for chapter 51 is
    amended by striking the item related to section 5127 and inserting the
    following:

    ``5127. Judicial review.
    ``5128. Authorization of appropriations.''.

    SEC. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

        (a) In General.--Chapter 51, as amended by section 3214 of this
    Act, is amended by redesignating section 5128 as section 5129 and by
    inserting after section 5127 the following:
    ``Sec. 5128. High risk hazardous material and hazardous waste; motor
                  carrier safety study
        ``(a) Study.--The Secretary of Transportation shall conduct a
    study--
                ``(1) to determine the safety benefits and administrative
            efficiency of implementing a Federal permit program for high
            risk hazardous material and hazardous waste carriers;
                ``(2) to identify and evaluate alternative regulatory
            methods and procedures that may improve the safety of high risk
            hazardous material and hazardous waste carriers and shippers,
            including evaluating whether an annual safety fitness
            determination that is linked to permit renewals for hazardous
            material and hazardous waste carriers is warranted;
                ``(3) to examine the safety benefits of increased
            monitoring of high risk hazardous material and hazardous waste
            carriers, and the costs, benefits, and procedures of existing
            State permit programs;
                ``(4) to make such recommendations as may be appropriate
            for the improvement of uniformity among existing State permit
            programs; and
                ``(5) to assess the potential of advanced technologies for
            improving the assessment of high risk hazardous material and
            hazardous waste carriers' compliance with motor carrier safety
            regulations.
        ``(b) Timeframe.--The Secretary shall begin the study required by
    subsection (a) within 6 months after the date of enactment of the
    Intermodal Transportation Safety Act of 1998 and complete it within 30
    months after the date of enactment of that Act.
        ``(c) Report.--The Secretary shall report the findings of the study
    required by subsection (a), together with such recommendations as may
    be appropriate, within 36 months after the date of enactment of the
    Intermodal Transportation Safety Act of 1998.''.
        (b) Section 5109 Regulations To Reflect Study Findings.--Section
    5109(h) is amended by striking ``not later than November 16, 1991.''
    and inserting ``based upon the findings of the study required by
    section 5128(a).''.
        (c) Conforming Amendment.--The chapter analysis for chapter 51, as
    amended by section 3214, is amended by striking the item relating to
    section 5128 and inserting the following:

    ``5128. High risk hazardous material and hazardous waste; motor carrier
                                safety study.
    ``5129. Authorization of appropriations.''.

    SEC. 3216. AUTHORIZATION OF APPROPRIATIONS.

        Section 5129, as redesignated, is amended--
                (1) by striking subsection (a) and inserting the following:
        ``(a) General.--There are authorized to be appropriated to the
    Secretary of Transportation to carry out this chapter (except sections
    5107(e), 5108(g)(2), 5113, 5115, and 5116) not more than--
                ``(1) $15,492,000 for fiscal year 1998;
                ``(2) $16,000,000 for fiscal year 1999;
                ``(3) $16,500,000 for fiscal year 2000;
                ``(4) $17,000,000 for fiscal year 2001;
                ``(5) $17,500,000 for fiscal year 2002; and
                ``(6) $18,000,000 for fiscal year 2003.''; and
                (2) by striking subsections (c) and (d) and inserting the
            following:
        ``(c) Training Curriculum.--Not more than $200,000 is available to
    the Secretary of Transportation from the account established under
    section 5116(i) for each of the fiscal years ending September 30, 1999-
    2003, to carry out section 5115.
        ``(d) Planning and Training.--
                (1) Not more than $2,444,000 is available to the Secretary
            of Transportation from the account established under section
            5116(i) for the fiscal year ending September 30, 1998, and such
            sums as may be necessary for fiscal years 1999-2003, to carry
            out section 5116(a).
                ``(2) Not more than $3,666,000 is available to the
            Secretary of Transportation from the account established under
            section 5116(i) for the fiscal year ending September 30, 1998,
            and such sums as may be necessary for fiscal years 1999-2003,
            to carry out section 5116(b).
                ``(3) Not more than $600,000 is available to the Secretary
            of Transportation from the account established under section
            5116(i) for the fiscal year ending September 30, 1998, and such
            sums as may be necessary for fiscal years 1999-2003, to carry
            out section 5116(f).''.

                Subtitle C--Comprehensive One-Call Notification

    SEC. 3301. FINDINGS.

        Congress finds that--
                (1) unintentional damage to underground facilities during
            excavation is a significant cause of disruptions in
            telecommunications, water supply, electric power, and other
            vital public services, such as hospital and air traffic control
            operations, and is a leading cause of natural gas and hazardous
            liquid pipeline accidents;
                (2) excavation that is performed without prior notification
            to an underground facility operator or with inaccurate marking
            of such a facility prior to excavation can cause damage that
            results in fatalities, serious injuries, harm to the
            environment and disruption of vital services to the public; and
                (3) protection of the public and the environment from the
            consequences of underground facility damage caused by
            excavations will be enhanced by a coordinated national effort
            to improve one-call notification programs in each State and the
            effectiveness and efficiency of one-call notification systems
            that operate under such programs.

    SEC. 3302. ESTABLISHMENT OF ONE-CALL NOTIFICATION PROGRAMS.

        (a) In General.--Subtitle III is amended by adding at the end
    thereof the following:

                  ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS

    ``Sec.
    ``6101. Purposes.
    ``6102. Definitions.
    ``6103. Minimum standards for State one-call notification programs.
    ``6104. Compliance with minimum standards.
    ``6105. Review of one-call system best practices.
    ``6106. Grants to States.
    ``6107. Authorization of appropriations.
    ``Sec. 6101. Purposes
        ``The purposes of this chapter are--
                ``(1) to enhance public safety;
                ``(2) to protect the environment;
                ``(3) to minimize risks to excavators; and
                ``(4) to prevent disruption of vital public services,
    by reducing the incidence of damage to underground facilities during
    excavation through the adoption and efficient implementation by all
    States of State one-call notification programs that meet the minimum
    standards set forth under section 6103.
    ``Sec. 6102. Definitions
        ``For purposes of this chapter:
                ``(1) One-call notification system.--The term ``one-call
            notification system'' means a system operated by an
            organization that has as 1 of its purposes to receive
            notification from excavators of intended excavation in a
            specified area in order to disseminate such notification to
            underground facility operators that are members of the system
            so that such operators can locate and mark their facilities in
            order to prevent damage to underground facilities in the course
            of such excavation.
                ``(2) State one-call notification program.--The term
            ``State one-call notification program'' means the State
            statutes, regulations, orders, judicial decisions, and other
            elements of law and policy in effect in a State that establish
            the requirements for the operation of one-call notification
            systems in such State.
                ``(3) State.--The term `State' means a State, the District
            of Columbia, and Puerto Rico.
                ``(4) Secretary.--The term `Secretary' means the Secretary
            of Transportation.
    ``Sec. 6103. Minimum standards for State one-call notification programs
        ``(a) Minimum Standards.--A State one-call notification program
    shall, at a minimum, provide for--
                ``(1) appropriate participation by all underground facility
            operators;
                ``(2) appropriate participation by all excavators; and
                ``(3) flexible and effective enforcement under State law
            with respect to participation in, and use of, one-call
            notification systems.
        ``(b) Appropriate Participation.--In determining the appropriate
    extent of participation required for types of underground facilities or
    excavators under subsection (a), a State shall assess, rank, and take
    into consideration the risks to the public safety, the environment,
    excavators, and vital public services associated with--
                ``(1) damage to types of underground facilities; and
                ``(2) activities of types of excavators.
        ``(c) Implementation.--A State one-call notification program also
    shall, at a minimum, provide for--
                ``(1) consideration of the ranking of risks under
            subsection (b) in the enforcement of its provisions;
                ``(2) a reasonable relationship between the benefits of
            one-call notification and the cost of implementing and
            complying with the requirements of the State one-call
            notification program; and
                ``(3) voluntary participation where the State determines
            that a type of underground facility or an activity of a type of
            excavator poses a de minimis risk to public safety or the
            environment.
        ``(d) Penalties.--To the extent the State determines appropriate
    and necessary to achieve the purposes of this chapter, a State one-call
    notification program shall, at a minimum, provide for--
                ``(1) administrative or civil penalties commensurate with
            the seriousness of a violation by an excavator or facility
            owner of a State one-call notification program;
                ``(2) increased penalties for parties that repeatedly
            damage underground facilities because they fail to use one-call
            notification systems or for parties that repeatedly fail to
            provide timely and accurate marking after the required call has
            been made to a one-call notification system;
                ``(3) reduced or waived penalties for a violation of a
            requirement of a State one-call notification program that
            results in, or could result in, damage that is promptly
            reported by the violator;
                ``(4) equitable relief; and
                ``(5) citation of violations.
    ``Sec. 6104. Compliance with minimum standards
        ``(a) Requirement.--In order to qualify for a grant under section
    6106, each State shall, within 2 years after the date of the enactment
    of the Intermodal Transportation Safety Act of 1998, submit to the
    Secretary a grant application under subsection (b).
        ``(b) Application.--
                ``(1) Upon application by a State, the Secretary shall
            review that State's one-call notification program, including
            the provisions for the implementation of the program and the
            record of compliance and enforcement under the program.
                ``(2) Based on the review under paragraph (1), the
            Secretary shall determine whether the State's one-call
            notification program meets the minimum standards for such a
            program set forth in section 6103 in order to qualify for a
            grant under section 6106.
                ``(3) In order to expedite compliance under this section,
            the Secretary may consult with the State as to whether an
            existing State one-call notification program, a specific
            modification thereof, or a proposed State program would result
            in a positive determination under paragraph (2).
                ``(4) The Secretary shall prescribe the form of, and manner
            of filing, an application under this section that shall provide
            sufficient information about a State's one-call notification
            program for the Secretary to evaluate its overall
            effectiveness. Such information may include the nature and
            reasons for exceptions from required participation, the types
            of enforcement available, and such other information as the
            Secretary deems necessary.
                ``(5) The application of a State under paragraph (1) and
            the record of actions of the Secretary under this section shall
            be available to the public.
        ``(c) Alternative Program.--A State may maintain an alternative
    one-call notification program if that program provides protection for
    public safety, the environment, or excavators that is equivalent to, or
    greater than, protection under a program that meets the minimum
    standards set forth in section 6103.
        ``(d) Report.--Within 3 years after the date of the enactment of
    the Intermodal Transportation Safety Act of 1998, the Secretary shall
    begin to include the following information in reports submitted under
    section 60124 of this title--
                ``(1) a description of the extent to which each State has
            adopted and implemented the minimum Federal standards under
            section 6103 or maintains an alternative program under
            subsection (c);
                ``(2) an analysis by the Secretary of the overall
            effectiveness of the State's one-call notification program and
            the one-call notification systems operating under such program
            in achieving the purposes of this chapter;
                ``(3) the impact of the State's decisions on the extent of
            required participation in one-call notification systems on
            prevention of damage to underground facilities; and
                ``(4) areas where improvements are needed in one-call
            notification systems in operation in the State.
    The report shall also include any recommendations the Secretary
    determines appropriate. If the Secretary determines that the purposes
    of this chapter have been substantially achieved, no further report
    under this section shall be required.
    ``Sec. 6105. Review of one-call system best practices
        ``(a) Study of Existing One-Call Systems.--Except as provided in
    subsection (d), the Secretary, in consultation with other appropriate
    Federal agencies, State agencies, one-call notification system
    operators, underground facility operators, excavators, and other
    interested parties, shall undertake a study of damage prevention
    practices associated with existing one-call notification systems.
        ``(b) Purpose of Study of Damage Prevention Practices.--The purpose
    of the study is to assemble information in order to determine which
    existing one-call notification systems practices appear to be the most
    effective in preventing damage to underground facilities and in
    protecting the public, the environment, excavators, and public service
    disruption. As part of the study, the Secretary shall at a minimum
    consider--
                ``(1) the methods used by one-call notification systems and
            others to encourage participation by excavators and owners of
            underground facilities;
                ``(2) the methods by which one-call notification systems
            promote awareness of their programs, including use of public
            service announcements and educational materials and programs;
                ``(3) the methods by which one-call notification systems
            receive and distribute information from excavators and
            underground facility owners;
                ``(4) the use of any performance and service standards to
            verify the effectiveness of a one-call notification system;
                ``(5) the effectiveness and accuracy of mapping used by
            one-call notification systems;
                ``(6) the relationship between one-call notification
            systems and preventing intentional damage to underground
            facilities;
                ``(7) how one-call notification systems address the need
            for rapid response to situations where the need to excavate is
            urgent;
                ``(8) the extent to which accidents occur due to errors in
            marking of underground facilities, untimely marking or errors
            in the excavation process after a one-call notification system
            has been notified of an excavation;
                ``(9) the extent to which personnel engaged in marking
            underground facilities may be endangered;
                ``(10) the characteristics of damage prevention programs
            the Secretary believes could be relevant to the effectiveness
            of State one-call notification programs; and
                ``(11) the effectiveness of penalties and enforcement
            activities under State one-call notification programs in
            obtaining compliance with program requirements.
        ``(c) Report.--Within 1 year after the date of the enactment of the
    Intermodal Transportation Safety Act of 1998, the Secretary shall
    publish a report identifying those practices of one-call notification
    systems that are the most and least successful in--
                ``(1) preventing damage to underground facilities; and
                ``(2) providing effective and efficient service to
            excavators and underground facility operators.
    The Secretary shall encourage States and operators of one-call
    notification programs to adopt and implement the most successful
    practices identified in the report.
        ``(d)  Secretarial Discretion.--Prior to undertaking the study
    described in subsection (a), the Secretary shall determine whether
    timely information described in subsection (b) is readily available. If
    the Secretary determines that such information is readily available,
    the Secretary is not required to carry out the study.
    ``Sec. 6106. Grants to States
        ``(a) In General.--The Secretary may make a grant of financial
    assistance to a State that qualifies under section 6104(b) to assist in
    improving--
                ``(1) the overall quality and effectiveness of one-call
            notification systems in the State;
                ``(2) communications systems linking one-call notification
            systems;
                ``(3) location capabilities, including training personnel
            and developing and using location technology;
                ``(4) record retention and recording capabilities for one-
            call notification systems;
                ``(5) public information and education;
                ``(6) participation in one-call notification systems; or
                ``(7) compliance and enforcement under the State one-call
            notification program.
        ``(b) State Action Taken Into Account.--In making grants under this
    section the Secretary shall take into consideration the commitment of
    each State to improving its State one-call notification program,
    including legislative and regulatory actions taken by the State after
    the date of enactment of the Intermodal Transportation Safety Act of
    1998.
        ``(c) Funding for One-Call Notification Systems.--A State may
    provide funds received under this section directly to any one-call
    notification system in such State that substantially adopts the best
    practices identified under section 6105.
    ``Sec. 6107. Authorization of appropriations
        ``(a) For Grants to States.--There are authorized to be
    appropriated to the Secretary in fiscal year 1999 no more than
    $1,000,000 and in fiscal year 2000 no more than $5,000,000, to be
    available until expended, to provide grants to States under section
    6106.
        ``(b) For Administration.--There are authorized to be appropriated
    to the Secretary such sums as may be necessary during fiscal years
    1998, 1999, and 2000 to carry out sections 6103, 6104, and 6105.
        ``(c) General Revenue Funding.--Any sums appropriated under this
    section shall be derived from general revenues and may not be derived
    from amounts collected under section 60301 of this title.''.
        (b) Conforming Amendments.--
                (1) The table of chapters for subtitle III is amended by
            adding at the end thereof the following:

    ``61. One-Call Notification Program.........................    6101''.
                (2) Chapter 601 is amended--
                        (A) by striking ``sections 60114 and'' in section
                    60105(a) of that chapter and inserting ``section'';
                        (B) by striking section 60114 and the item relating
                    to that section in the table of sections for that
                    chapter;
                        (C) by striking ``60114(c), 60118(a),'' in section
                    60122(a)(1) of that chapter and inserting
                    ``60118(a),'';
                        (D) by striking ``60114(c) or'' in section 60123(a)
                    of that chapter;
                        (E) by striking ``sections 60107 and 60114(b)'' in
                    subsections (a) and (b) of section 60125 and inserting
                    ``section 60107'' in each such subsection; and
                        (F) by striking subsection (d) of section 60125,
                    and redesignating subsections (e) and (f) of that
                    section as subsections (d) and (e), respectively.

                        Subtitle D--Motor Carrier Safety

    SEC. 3401. STATEMENT OF PURPOSES.

        Chapter 311 is amended--
                (1) by inserting before section 31101 the following:
    ``Sec. 31100. Purpose
        ``The purposes of this subchapter are--
                ``(1) to improve commercial motor vehicle and driver
            safety;
                ``(2) to facilitate efforts by the Secretary, States, and
            other political jurisdictions, working in partnership, to focus
            their resources on strategic safety investments;
                ``(3) to increase administrative flexibility;
                ``(4) to improve enforcement activities;
                ``(5) to invest in activities related to areas of the
            greatest crash reduction;
                ``(6) to identify high risk carriers and drivers; and
                ``(7) to improve information and analysis systems.''; and
                (2) by inserting before the item relating to section 31101
            in the chapter analysis for chapter 311 the following:

    ``31100. Purposes.''.

    SEC. 3402. GRANTS TO STATES.

        (a) Performance-Based Grants.--Section 31102 is amended--
                (1) in subsection (a), by inserting ``improving motor
            carrier safety and'' after ``programs for''; and
                (2) in the first sentence of subsection (b)(1), by striking
            ``adopt and assume responsibility for enforcing'' and inserting
            ``assume responsibility for improving motor carrier safety and
            to adopt and enforce''.
        (b) Hazardous Materials.--Section 31102 is amended--
                (1) in subsection (a), by inserting a comma and ``hazardous
            materials transportation safety,'' after ``commercial motor
            vehicle safety''; and
                (2) in the first sentence of subsection (b), by inserting
            ``, hazardous materials transportation safety,'' after
            ``commercial motor vehicle safety''.
        (c) Contents of State Plans.--Section 31102(b)(1) is amended--
                (1) by redesignating subparagraphs (A) through (Q) as
            subparagraphs (B) through (R), respectively;
                (2) by inserting before subparagraph (B), as redesignated,
            the following:
                        ``(A) implements performance-based activities by
                    fiscal year 2000;''
                (3) by inserting ``(1)'' in subparagraph (K), as
            redesignated, after ``(c)'';
                (4) by striking subparagraphs (L), (M), and (N) as
            redesignated, and inserting the following:
                        ``(L) ensures consistent, effective, and reasonable
                    sanctions;
                        ``(M) ensures that the State agency will coordinate
                    the plan, data collection, and information systems with
                    the State highway safety programs under title 23;
                        ``(N) ensures participation in SAFETYNET by all
                    jurisdictions receiving funding;'';
                (5) in subparagraph (P), as redesignated, by striking
            ``activities--'' and inserting ``activities in support of
            national priorities and performance goals including--'';
                (6) in clause (i) of subparagraph (P), as redesignated, by
            striking ``to remove'' and inserting ``activities aimed at
            removing''; and
                (7) in clause (ii) of subparagraph (P), as redesignated, by
            striking ``to provide'' and inserting ``activities aimed at
            providing''.

    SEC. 3403. FEDERAL SHARE.

        Section 31103 is amended--
                (1) by inserting before ``The Secretary of Transportation''
            the following:
        ``(a) Commercial Motor Vehicle Safety Programs and Enforcement.--
    '';
                (2) by inserting ``improve commercial motor vehicle safety
            and'' in the first sentence before ``enforce''; and
                (3) by adding at the end the following:
        ``(b) Other Activities.--The Secretary may reimburse State
    agencies, local governments, or other persons up to 100 percent for
    those activities identified in 31104(f)(2).''.

    SEC. 3404. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--Section 31104(a) is amended to read as follows:
        ``(a) In General.--Subject to section 9503(c)(1) of the Internal
    Revenue Code of 1986, there are available from the Highway Trust Fund
    (except the Mass Transit Account) for the Secretary of Transportation
    to incur obligations to carry out section 31102 of this title, not more
    than--
                ``(1) $80,000,000 for the fiscal year ending September 30,
            1998;
                ``(2) $100,000,000 for the fiscal year ending September 30,
            1999;
                ``(3) $97,000,000 for the fiscal year ending September 30,
            2000;
                ``(4) $94,000,000 for the fiscal year ending September 30,
            2001;
                ``(5) $90,500,000 for the fiscal year ending September 30,
            2002; and
                ``(6) $90,500,000 for the fiscal year ending September 30,
            2003.''.
        (b) Availability and Reallocation.--Section 31104(b)(2) is amended
    to read as follows:
                ``(2) Amounts made available under section 4002(e)(1) and
            (2) of the Intermodal Surface Transportation Efficiency Act of
            1991 before October 1, 1996, that are not obligated on October
            1, 1997, are available for obligation under paragraph (1).''.
        (c) Allocation Criteria.--Section 31104(f) is amended to read as
    follows:
        ``(f) Allocation Criteria and Eligibility.--
                ``(1) On October 1 of each fiscal year or as soon after
            that date as practicable, the Secretary, after making the
            deduction described in subsection (e) of this section, shall
            allocate, under criteria the Secretary prescribes through
            regulation, the amounts available for that fiscal year among
            the States with plans approved under section 31102 of this
            title.
                ``(2) The Secretary may designate--
                        ``(A) not less than 5 percent of such amounts for
                    activities and projects of national priority for the
                    improvement of commercial motor vehicle safety; and
                        ``(B) not less than 5 percent of such amounts to
                    reimburse States for border commercial motor vehicle
                    safety programs and enforcement activities and
                    projects.
            The amounts referred to in subparagraph (B) shall be allocated
            by the Secretary to State agencies and local governments that
            use trained and qualified officers and employees in
            coordination with State motor vehicle safety agencies.''.
        (d) Other Amendments.--
                (1) Section 31104 is amended by striking subsection (g) and
            redesignating subsection (h) as subsection (g).
                (2) Section 31104 is amended by striking subsection (i) and
            redesignating subsection (j) as subsection (h).

    SEC. 3405. INFORMATION SYSTEMS AND STRATEGIC SAFETY INITIATIVES.

        Section 31106 is amended to read as follows:
    ``Sec. 31106. Information systems and strategic safety initiatives
        ``(a) Information Systems.--
                ``(1) In general.--The Secretary is authorized to establish
            motor carrier information systems and data analysis programs to
            support motor carrier regulatory and enforcement activities
            required under this title. In cooperation with the States, the
            information systems shall be coordinated into a network
            providing accurate identification of motor carriers and
            drivers, registration and licensing tracking, and motor carrier
            and driver safety performance. The Secretary shall develop and
            maintain data analysis capacity and programs to provide the
            means to develop strategies to address safety problems and to
            use data analysis to measure the effectiveness of these
            strategies and related programs; to determine the cost
            effectiveness of Federal and State safety compliance,
            enforcement programs, and other countermeasures; to evaluate
            the safety fitness of motor carriers and drivers; to identify
            and collect necessary data; and to adapt, improve, and
            incorporate other information and information systems as deemed
            appropriate by the Secretary.
                ``(2) Performance and registration information systems
            management.--
                        ``(A) The Secretary shall include, as part of the
                    motor carrier safety information network system of the
                    Department of Transportation, an information system, to
                    be called the Performance and Registration Information
                    Systems Management, to serve as a clearinghouse and
                    repository of information related to State registration
                    and licensing of commercial motor vehicles and the
                    safety system of the commercial motor vehicle
                    registrants or the motor carriers operating the
                    vehicles. The Secretary may include in the system
                    information on the safety fitness of each of the motor
                    carriers and registrants and other information the
                    Secretary considers appropriate, including information
                    on vehicle, driver, and motor carrier safety
                    performance.
                        ``(B) The Secretary shall prescribe technical and
                    operational standards to ensure--
                                ``(i) uniform, timely and accurate
                            information collection and reporting by the
                            States necessary to carry out this system;
                                ``(ii) uniform Federal and State procedures
                            and policies necessary to operate the
                            Commercial Vehicle Information System; and
                                ``(iii) the availability and reliability of
                            the information to the States and the Secretary
                            from the information system.
                        ``(C) The system shall link the Federal motor
                    carrier safety systems with State driver and commercial
                    vehicle registration and licensing systems, and shall
                    be designed--
                                ``(i) to enable a State, when issuing
                            license plates or throughout the registration
                            period for a commercial motor vehicle, to
                            determine, through the use of the information
                            system, the safety fitness of the registrant or
                            motor carrier;
                                ``(ii) to allow a State to decide, in
                            cooperation with the Secretary, the types of
                            sanctions that may be imposed on the registrant
                            or motor carrier, or the types of conditions or
                            limitations that may be imposed on the
                            operations of the registrant or motor carrier
                            that will ensure the safety fitness of the
                            registrant or motor carrier;
                                ``(iii) to monitor the safety fitness of
                            the registrant or motor carrier during the
                            registration period; and
                                ``(iv) to require the State, as a condition
                            of participation in the system, to implement
                            uniform policies, procedures, and standards,
                            and to possess or seek authority to impose
                            commercial motor vehicle registration sanctions
                            on the basis of a Federal safety fitness
                            determination.
                        ``(D) Of the amounts available for expenditure
                    under this section, up to 50 percent in each of fiscal
                    years 1998, 1999, 2000, 2001, 2002, and 2003 may be
                    made available to carry out this paragraph. The
                    Secretary may authorize the operation of the
                    information system by contract, through an agreement
                    with 1 or more States, or by designating, after
                    consultation with the States, a third party that
                    represents the interests of the States. Of the amounts
                    made available to carry out this paragraph, the
                    Secretary is encouraged to direct no less than 80
                    percent to States that have not previously received
                    financial assistance to develop or implement the
                    Performance and Registration Information Systems
                    Management system.
        ``(b) Commercial Motor Vehicle Driver Safety Program.--The
    Secretary is authorized to establish a program focusing on improving
    commercial motor vehicle driver safety. The objectives of the program
    shall include--
                ``(1) enhancing the exchange of driver licensing
            information among employers, the States, the Federal
            Government, and foreign countries;
                ``(2) providing information to the judicial system on the
            commercial motor vehicle driver licensing program; and
                ``(3) evaluating any aspect of driver performance and
            safety that the Secretary deems appropriate.
        ``(c) Cooperative Agreements, Grants, and Contracts.--The Secretary
    may carry out this section either independently or in cooperation with
    other Federal departments, agencies, and instrumentalities, or by
    making grants to and entering into contracts and cooperative agreements
    with States, localities, associations, institutions, corporations
    (profit or nonprofit) or other persons.''.

    SEC. 3406. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

        The Secretary of Transportation shall carry out a pilot program in
    cooperation with 1 or more States to improve upon the timely exchange
    of pertinent driver performance and safety records data to motor
    carriers. The program shall--
                (1) determine to what extent driver performance records
            data, including relevant fines, penalties, and failures to
            appear for a hearing or trial, should be included as part of
            any information systems under the Department of
            Transportation's oversight;
                (2) assess the feasibility, costs, safety impact, pricing
            impact, and benefits of record exchanges; and
                (3) assess methods for the efficient exchange of driver
            safety data available from existing State information systems
            and sources.

    SEC. 3407. MOTOR CARRIER AND DRIVER SAFETY RESEARCH.

        Of the funds made available to carry out programs established by
    the amendments made by title II of the Intermodal Surface
    Transportation Efficiency Act of 1998, no less than $10,000,000 shall
    be made available for each of fiscal years 1998, 1999, 2000, 2001,
    2002, and 2003 for activities designed to advance commercial motor
    vehicle and driver safety. Any obligation, contract, cooperative
    agreement, or support granted under this section in excess of $250,000
    shall be awarded on a competitive basis. The Secretary shall submit
    annually a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives on the research
    activities carried out under this section, including the amount,
    purpose, recipient and nature of each contract, cooperative agreement
    or award and results of such research activities carried out under this
    section, including benefits to motor carrier safety.''.

    SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

        Section 31107 is amended to read as follows:
    ``Sec. 31107. Authorization of appropriations for information systems
                  and strategic safety initiatives
        ``(a) In General.--There shall be available from the Highway Trust
    Fund (other than the Mass Transit Account) for the Secretary to incur
    obligations to carry out section 31106--
                ``(1) $10,000,000 for fiscal year 1998;
                ``(2) $9,620,000 for fiscal year 1999;
                ``(3) $9,620,000 for fiscal year 2000;
                ``(4) $9,620,000 for fiscal year 2001;
                ``(5) $9,320,000 for fiscal year 2002; and
                ``(6) $9,320,000 for fiscal year 2003.
        ``(b) Availability.--The amounts made available under this
    subsection shall remain available until expended.''.

    SEC. 3409. CONFORMING AMENDMENTS.

        The chapter analysis for chapter 311 is amended--
                (1) by striking the heading for subchapter I and inserting
            the following:

        ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
                                  PROGRAMS'';

            and
                (2) by striking the items relating to sections 31106 and
            31107 and inserting the following:

    ``31106. Information systems and strategic safety initiatives.
    ``31107. Authorization of appropriations for information systems and
                                strategic safety initiatives.''.

    SEC. 3410. AUTOMOBILE TRANSPORTER DEFINED.

        Section 31111(a) is amended--
                (1) by redesignating paragraphs (1) and (2) as paragraphs
            (2) and (3), respectively; and
                (2) by inserting before paragraph (2), as redesignated, the
            following:
                ``(1) `automobile transporter' means any vehicle
            combination designed and used specifically for the transport of
            assembled highway vehicles, including truck camper units.''.

    SEC. 3411. REPEAL OF REVIEW PANEL; REVIEW PROCEDURE.

        (a) Repeal.--Subchapter III of chapter 311 is amended--
                (1) by striking sections 31134 and 31140; and
                (2) by striking the items relating to sections 31134 and
            31140 in the chapter analysis for that chapter.
        (b) Review Procedure.--
                (1) In general.--Section 31141 is amended--
                        (A) by striking subsection (b) and redesignating
                    subsections (c), (d), (e), (f), (g), and (h) as
                    subsections (b), (c), (d), (e), (f), and (g),
                    respectively;
                        (B) by striking so much of subsection (b), as
                    redesignated, as precedes paragraph (2) and inserting
                    the following:
        ``(b) Review and Decisions by the Secretary.--
                ``(1) The Secretary shall review the laws and regulations
            on commercial motor vehicle safety in effect in each State, and
            decide--
                        ``(A) whether the State law or regulation--
                                ``(i) has the same effect as a regulation
                            prescribed by the Secretary under section 31136
                            of this title;
                                ``(ii) is less stringent than that
                            regulation; or
                                ``(iii) is additional to or more stringent
                            than that regulation; and
                        ``(B) for each State law or regulation which is
                    additional to or more stringent than the regulation
                    prescribed by the Secretary, whether--
                                ``(i) the State law or regulation has no
                            safety benefit;
                                ``(ii) the State law or regulation is
                            incompatible with the regulation prescribed by
                            the Secretary under section 31136 of this
                            title; or
                                ``(iii) enforcement of the State law or
                            regulation would cause an unreasonable burden
                            on interstate commerce.'';
                        (C) by striking paragraph (5) of subsection (b)(5),
                    as redesignated, and inserting the following:
                ``(5) In deciding under paragraph (4) of this subsection
            whether a State law or regulation will cause an unreasonable
            burden on interstate commerce, the Secretary may consider the
            effect on interstate commerce of implementation of all similar
            laws and regulations of other States.'';
                        (D) by striking subsections (d) and (e), as
                    redesignated, and inserting the following:
        ``(d) Written Notice of Decisions.--The Secretary shall give
    written notice of the decision under subsection (b) of this section to
    the State concerned.''; and
                        (E) by redesignating subsections (f) and (g), as
                    redesignated, as subsections (e) and (f), respectively.
                (2) Conforming changes.--
                        (A) The heading of section 31141 of such title is
                    amended to read as follows:
    ``Sec. 31141. Preemption of State laws and regulations''.
                        (B) The chapter analysis of chapter 311 of such
                    title is amended by striking the item relating to
                    section 31141 and inserting the following:

    ``31141. Preemption of State laws and regulations.''.
        (c) Inspection of Vehicles.--
                (1) Section 31142 is amended--
                        (A) in subsection (a), by striking ``part 393 of
                    title 49, Code of Federal Regulations'' and inserting
                    ``regulations issued pursuant to section 31135 of this
                    title''; and
                        (B) by striking subsection (c)(1)(C) and inserting
                    the following:
                        ``(C) prevent a State from participating in the
                    activities of a voluntary group of States enforcing a
                    program for inspection of commercial motor vehicles;
                    or''.
                (2) Subchapter IV of chapter 311 is amended--
                        (A) by striking sections 31161 and 31162; and
                        (B) by striking the items relating to sections
                    31161 and 31162 in the chapter analysis for that
                    chapter.
                (3) Section 31102(b)(1), as amended by section 3402(c)(1),
            is amended--
                        (A) by striking ``and'' at the end of subparagraph
                    (Q);
                        (B) by striking ``thereunder.'' in subparagraph (R)
                    and inserting ``thereunder; and''; and
                        (C) by adding at the end thereof the following:
                        ``(S) provides that the State will establish a
                    program (i) to ensure the proper and timely correction
                    of commercial motor vehicle safety violations noted
                    during an inspection carried out with funds authorized
                    under section 31104 of this title; and (ii) to ensure
                    that information is exchanged among the States in a
                    timely manner.''.
        (d) Safety Fitness of Owners and Operators.--Section 31144 is
    amended to read as follows:
    ``Sec. 31144. Safety fitness of owners and operators
        ``(a) Procedure.--The Secretary of Transportation shall maintain in
    regulation a procedure for determining the safety fitness of owners and
    operators of commercial motor vehicles, including persons seeking new
    or additional operating authority as motor carriers under section 13902
    of this title. The procedure shall include--
                ``(1) specific initial and continuing requirements to be
            met by the owners, operators, and other persons to demonstrate
            safety fitness;
                ``(2) a means of deciding whether the owners, operators, or
            other persons meet the safety requirements under paragraph (1);
            and
                ``(3) specific time deadlines for action by the Secretary
            in making fitness decisions.
        ``(b) Prohibited Transportation.--Except as provided in sections
    521(b)(5)(A) and 5113, a motor carrier that fails to meet the safety
    fitness requirements established under subsection (a) may not operate
    in interstate commerce beginning on the 61st day after the date of the
    determination by the Secretary that the motor carrier fails to meet the
    safety fitness requirements and until the motor carrier meets the
    safety fitness requirements. The Secretary may, for good cause shown,
    provide a carrier with up to an additional 60 days to meet the safety
    fitness requirements.
        ``(c) Rating Review.--The Secretary shall review the factors that
    resulted in a motor carrier failing to meet the safety fitness
    requirements not later than 45 days after the motor carrier requests a
    review.
        ``(d) Government Use Prohibited.--A department, agency, or
    instrumentality of the United States Government may not use a motor
    carrier that does not meet the safety fitness requirements.
        ``(e) Public Availability; Updating of Fitness Determinations.--The
    Secretary shall amend the motor carrier safety regulations in
    subchapter B of chapter III of title 49, Code of Federal Regulations,
    to establish a system to make readily available to the public, and to
    update periodically, the final safety fitness determinations of motor
    carriers made by the Secretary.
        ``(f) Penalties.--The Secretary shall prescribe regulations setting
    penalties for violations of this section consistent with section 521 of
    this title.''.
        (e) Safety Fitness of Passenger and Hazardous Material Carriers.--
                (1) In general.--Section 5113 is amended--
                        (A) by striking subsection (a) and inserting the
                    following:
        ``(a) Prohibited Transportation.--
                ``(1) A motor carrier that fails to meet the safety fitness
            requirements established under subsection 31144(a) of this
            title may not operate a commercial motor vehicle (as defined in
            section 31132 of this title)--
                        ``(A) to transport hazardous material for which
                    placarding of a motor vehicle is required under
                    regulations prescribed under this chapter; or
                        ``(B) to transport more than 15 individuals.
                ``(2) The prohibition in paragraph (1) of this subsection
            applies beginning on the 46th day after the date on which the
            Secretary determines that a motor carrier fails to meet the
            safety fitness requirements and applies until the motor carrier
            meets the safety fitness requirements.'';
                        (B) by striking ``Rating''  in the heading of
                    subsection (b) and inserting ``Fitness'';
                        (C) by striking ``receiving an unsatisfactory
                    rating'' in subsection (b) and inserting ``failing to
                    meet the safety fitness requirements'';
                        (D) by striking ``has an unsatisfactory rating from
                    the Secretary'' in subsection (c) and inserting
                    ``failed to meet the safety fitness requirements''; and
                        (E) by striking ``Ratings''  in the heading of
                    subsection (d) and inserting ``Fitness
                    Determinations'';
                        (F) by striking ``, in consultation with the
                    Interstate Commerce Commission,'' in subsection (d);
                    and
                        (G) by striking ``ratings of motor carriers that
                    have unsatisfactory ratings from'' in subsection (d)
                    and inserting ``fitness determinations of motor
                    carriers made by''.
                (2) Conforming amendments.--
                        (A) The heading of section 5113 of such chapter is
                    amended to read as follows:
    ``Sec. 5113. Safety fitness of passenger and hazardous material
                  carriers''.
                        (B) The chapter analysis for chapter 51 is amended
                    by striking the item relating to section 5113 and
                    inserting the following:

    ``5113. Safety fitness of passenger and hazardous material carriers.''.
        (f) Definitions.--
                (1) Section 31101(1) is amended--
                        (A) in subparagraph (A)--
                                (i) by inserting ``or gross vehicle weight,
                            whichever is greater,'' after ``rating''; and
                                (ii) by striking ``10,000'' and inserting
                            ``10,001'';
                        (B) in subparagraph (B), by striking ``driver; or''
                    and inserting ``driver, or a smaller number of
                    passengers including the driver as determined under
                    regulations implementing sections 31132(1)(B) or
                    31301(4)(B)'';
                        (C) in subparagraph (C), by inserting ``and
                    transported in a quantity requiring placarding under
                    regulations prescribed by the Secretary under section
                    5103'' after ``title''.
                (2) Section 31132 is amended--
                        (A) in paragraph (1)(A), by inserting ``or gross
                    vehicle weight, whichever is greater,'' after
                    ``rating''; and
                        (B) by adding at the end of paragraph (3) the
                    following:
            ``For purposes of this paragraph, the term `business affecting
            interstate commerce' means a business predominantly engaged in
            employing commercial motor vehicles in interstate commerce and
            includes all operations of the business in intrastate commerce
            which use vehicles otherwise defined as commercial motor
            vehicles under paragraph (1) of this section.''.
        (g) Employee Protections.--Not later than 2 years after the date of
    enactment of this Act, the Secretary of Transportation, in conjunction
    with the Secretary of Labor, shall report to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives on
    the effectiveness of existing statutory employee protections provided
    for under section 31105 of title 49, United States Code. The report
    shall include recommendations to address any statutory changes as may
    be necessary to strengthen the enforcement of such employee protection
    provisions.
        (h) Inspections and Reports.--
                (1) General powers of the secretary.--Section 31133(a)(1)
            is amended by inserting ``and make contracts for'' after
            ``conduct''.
                (2) Reports and records.--Section 504(c) is amended by
            inserting ``(and, in the case of a motor carrier, a
            contractor)'' before the second comma.

    SEC. 3412. COMMERCIAL MOTOR VEHICLE OPERATORS.

        (a) Repeal of Obsolete Grant Programs.--Chapter 313 is amended--
                (1) by striking sections 31312 and 31313; and
                (2) by striking the items relating to sections 31312 and
            31313 in the chapter analysis for that chapter.
        (b) Commercial Driver's License Requirement.--
                (1) In general.--Section 31302 is amended to read as
            follows:
    ``Sec. 31302. Commercial driver's license requirement
        ``No individual shall operate a commercial motor vehicle without a
    commercial driver's license issued according to section 31308 of this
    title.''.
                (2) Conforming amendments.--
                        (A) The chapter analysis for that chapter is
                    amended by striking the item relating to section 31302
                    and inserting the following:

    ``31302. Commercial driver's license requirement.''.
                        (B) Section 31305(a) is amended by redesignating
                    paragraphs (2) through (8) as paragraphs (3) through
                    (9), respectively, and by inserting after paragraph (1)
                    the following:
                ``(2) may establish performance-based testing and licensing
            standards that more accurately measure and reflect an
            individual's knowledge and skills as an operator;''.
        (c) Commercial Driver's License Information System.--Section 31309
    is amended--
                (1) in subsection (a), by striking ``make an agreement
            under subsection (b) of this section for the operation of, or
            establish under subsection (c) of this section,'' and inserting
            ``maintain'';
                (2) by striking subsections (b) and (c) and redesignating
            subsections (d), (e), and (f) as subsections (b), (c), and (d),
            respectively;
                (3) by striking ``Not later than December 31, 1990, the''
            in paragraph (2) of subsection (b), as redesignated, and
            inserting ``The''; and
                (4) in subsection (c), as redesignated--
                        (A) by inserting after the heading the following:
                    ``Information about a driver in the information system
                    may be made available under the following
                    circumstances:''; and
                        (B) by starting a new paragraph with ``(1) On
                    request'' and indenting the paragraph 2 ems from the
                    lefthand margin.
        (d) Requirements for State Participation.--Section 31311(a) is
    amended--
                (1) by striking ``31310(b)-(e)'' in paragraph (15) and
            inserting ``31310 (b)-(e), and (g)(1)(A) and (2)'';
                (2) by striking paragraph (17); and
                (3) by redesignating paragraph (18) as paragraph (17).
        (e) Withholding Amounts for State Noncompliance.--Section 31314 is
    amended--
                (1) in subsection (a), by striking ``, (2), (5), and (6)''
            and inserting ``(3), and (5)'';
                (2) in subsections (a) and (b), by striking ``1992'' each
            place it appears and inserting ``1995'';
                (3) in subsection (c), by striking paragraph (1);
                (4) in subsection (c)(2), by striking ``(2)'';
                (5) by striking subsection (d); and
                (6) by redesignating subsection (e) as subsection (d).
        (f) Commercial Motor Vehicle Defined.--Section 31301 is amended--
                (1) in paragraph (4)(A), by inserting ``or gross vehicle
            weight, whichever is greater,'' after ``rating'' each place it
            appears; and
                (2) in paragraph (4)(C)(ii), by inserting ``is'' before
            ``transporting'' each place it appears and before ``not
            otherwise''.
        (g) Safety Performance History of New Drivers; Limitation on
    Liability.--
                (1) In general.--Chapter 5 is amended by adding at the end
            the following:
    ``Sec. 508. Safety performance history of new drivers; limitation on
                  liability
        ``(a) Limitation on Liability.--No action or proceeding for
    defamation, invasion of privacy, or interference with a contract that
    is based on the furnishing or use of safety performance records in
    accordance with regulations issued by the Secretary may be brought
    against--
                ``(1) a motor carrier requesting the safety performance
            records of an individual under consideration for employment as
            a commercial motor vehicle driver as required by and in
            accordance with regulations issued by the Secretary;
                ``(2) a person who has complied with such a request; or
                ``(3) the agents or insurers of a person described in
            paragraph (1) or (2).
        ``(b) Restrictions.--
                ``(1) Subsection (a) does not apply unless--
                        ``(A) the motor carrier requesting the safety
                    performance records at issue, the person complying with
                    such a request, and their agents have taken all
                    precautions reasonably necessary to ensure the accuracy
                    of the records and have fully complied with the
                    regulations issued by the Secretary in using and
                    furnishing the records, including the requirement that
                    the individual who is the subject of the records be
                    afforded a reasonable opportunity to review and comment
                    on the records;
                        ``(B) the motor carrier requesting the safety
                    performance records, the person complying with such a
                    request, their agents, and their insurers, have taken
                    all precautions reasonably necessary to protect the
                    records from disclosure to any person, except for their
                    insurers, not directly involved in forwarding the
                    records or deciding whether to hire that individual;
                    and
                        ``(C) the motor carrier requesting the safety
                    performance records has used those records only to
                    assess the safety performance of the individual who is
                    the subject of those records in deciding whether to
                    hire that individual.
                ``(2) Subsection (a) does not apply to persons who
            knowingly furnish false information.
        ``(c) Preemption of State and Local Law.--No State or political
    subdivision thereof may enact, prescribe, issue, continue in effect, or
    enforce any law (including any regulation, standard, or other provision
    having the force and effect of law) that prohibits, penalizes, or
    imposes liability for furnishing or using safety performance records in
    accordance with regulations issued by the Secretary. Notwithstanding
    any provision of law, written authorization shall not be required to
    obtain information on the motor vehicle driving record of an individual
    under consideration for employment with a motor carrier.''.
                (2) Conforming amendment.--The chapter analysis for chapter
            5 is amended by inserting after the item relating to section
            507 the following:

    ``508. Safety performance history of new drivers; limitation on
                                liability.''.

    SEC. 3413. PENALTIES.

        (a) Notification of Violations and Enforcement Procedures.--Section
    521(b)(1) is amended--
                (1) by inserting: ``with the exception of reporting and
            recordkeeping violations,'' in the first sentence of
            subparagraph (A) after ``under any of those provisions,'';
                (2) by striking ``fix a reasonable time for abatement of
            the violation,'' in the third sentence of subparagraph (A);
                (3) by striking ``(A)'' in subparagraph (A); and
                (4) by striking subparagraph (B).
        (b) Civil Penalties.--Section 521(b)(2) is amended--
                (1) by striking subparagraph (A) and inserting the
            following:
                        ``(A) In general.--Except as otherwise provided in
                    this subsection, any person who is determined by the
                    Secretary, after notice and opportunity for a hearing,
                    to have committed an act that is a violation of
                    regulations issued by the Secretary under subchapter
                    III of chapter 311 (except sections 31137 and 31138) or
                    section 31502 of this title shall be liable to the
                    United States for a civil penalty in an amount not to
                    exceed $10,000 for each offense. Notwithstanding any
                    other provision of this section (except subparagraph
                    (C)), no civil penalty shall be assessed under this
                    section against an employee for a violation in an
                    amount exceeding $2,500.'';
                (2) by redesignating subparagraphs (B) and (C) as
            subparagraphs (C) and (D), respectively; and
                (3) by inserting after subparagraph (A) the following:
                        ``(B) Recordkeeping and reporting violations.--
                                ``(i) A person required to make a report to
                            the Secretary, answer a question, or make,
                            prepare, or preserve a record under section 504
                            of this title or under any regulation issued by
                            the Secretary pursuant to subchapter III of
                            chapter 311 (except sections 31137 and 31138)
                            or section 31502 of this title about
                            transportation by motor carrier, motor carrier
                            of migrant workers, or motor private carrier,
                            or an officer, agent, or employee of that
                            person, who--
                                        ``(I) does not make that report;
                                        ``(II) does not specifically,
                                    completely, and truthfully answer that
                                    question in 30 days from the date the
                                    Secretary requires the question to be
                                    answered; or
                                        ``(III) does not make, prepare, or
                                    preserve that record in the form and
                                    manner prescribed by the Secretary,
                            shall be liable to the United States for a
                            civil penalty in an amount not to exceed $500
                            for each offense, and each day of the violation
                            shall constitute a separate offense, except
                            that the total of all civil penalties assessed
                            against any violator for all offenses related
                            to any single violation shall not exceed
                            $5,000.
                                ``(ii) Any such person, or an officer,
                            agent, or employee of that person, who--
                                        ``(I) knowingly falsifies,
                                    destroys, mutilates, or changes a
                                    required report or record;
                                        ``(II) knowingly files a false
                                    report with the Secretary;
                                        ``(III) knowingly makes or causes
                                    or permits to be made a false or
                                    incomplete entry in that record about
                                    an operation or business fact or
                                    transaction; or
                                        ``(IV) knowingly makes, prepares,
                                    or preserves a record in violation of a
                                    regulation or order of the Secretary,
                            shall be liable to the United States for a
                            civil penalty in an amount not to exceed $5,000
                            for each violation, provided that any such
                            action can be shown to have misrepresented a
                            fact that constitutes a violation other than a
                            reporting or recordkeeping violation.''.

    SEC. 3414. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX
                  AGREEMENT.

        Chapter 317 is amended--
                (1) by striking sections 31702, 31703, and 31708; and
                (2) by striking the items relating to sections 31702,
            31703, and 31708 in the chapter analysis for that chapter.

    SEC. 3415. STUDY OF ADEQUACY OF PARKING FACILITIES.

        The Secretary shall conduct studies to determine the location and
    quantity of parking facilities at commercial truck stops and travel
    plazas and public rest areas that could be used by motor carriers to
    comply with Federal hours-of-service rules. Each study shall include an
    inventory of current facilities serving corridors of the National
    Highway System, analyze where specific shortages exist or are projected
    to exist, and propose a specific plan to reduce the shortages. The
    studies may be carried out in cooperation with research entities
    representing the motor carrier and travel plaza industry. The studies
    shall be completed not later than 36 months after the date of enactment
    of this Act.

    SEC. 3416. APPLICATION OF REGULATIONS.

        (a) Application of Regulations to Certain Commercial Motor
    Vehicles.--Section 31135 as redesignated, is amended by adding at the
    end the following:
        ``(g) Application to Certain Vehicles.--Effective 12 months after
    the date of enactment of the Intermodal Transportation Safety Act of
    1998, regulations prescribed under this section shall apply to
    operators of commercial motor vehicles described in section 31132(1)(B)
    to the extent that those regulations did not apply to those operators
    before the day that is 12 months after such date of enactment, except
    to the extent that the Secretary determines, through a rulemaking
    proceeding, that it is appropriate to exempt such operations of
    commercial motor vehicles from the application of those regulations.''.
        (b) Definition.--Section 31301(4)(B) is amended to read as follows:
                        ``(B) is designed or used to transport--
                                ``(i) passengers for compensation, but does
                            not include a vehicle providing taxicab service
                            and having a capacity of not more than 6
                            passengers and not operated on a regular route
                            or between specified places; or
                                ``(ii) more than 15 passengers, including
                            the driver, and not used to transport
                            passengers for compensation; or''.
        (c) Application of Regulations to Certain Operators.--
                (1) Chapter 313 is amended by adding at the end the
            following:
    ``Sec. 31318. Application of regulations to certain operators
        ``Effective 12 months after the date of enactment of the Intermodal
    Transportation Safety Act of 1998, regulations prescribed under this
    chapter shall apply to operators of commercial motor vehicles described
    in section 31301(4)(B) to the extent that those regulations did not
    apply to those operators before the day that is 1 year after such date
    of enactment, except to the extent that the Secretary determines, after
    notice and opportunity for public comment, that it is appropriate to
    exempt such operators of commercial motor vehicles from the application
    of those regulations.''.
                (2) The analysis for chapter 313 is amended by adding at
            the end the following:

    ``31318. Application of regulations to certain operators.''.
        (d) Deadline for Certain Definitional Regulations.--The Secretary
    shall issue regulations implementing the definition of commercial motor
    vehicles under section 31132(1)(B) and section 31301(4)(B) of title 49,
    United States Code, as amended by this Act within 12 months after the
    date of enactment of this Act.

    SEC. 3417. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

        Section 14501(a) is amended--
                (1) by striking ``route or relating'' and inserting
            ``route;''; and
                (2) by striking ``required.'' and inserting ``required; or
            to the authority to provide intrastate or interstate charter
            bus transportation.''.

    SEC. 3418. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

        The Department of Transportation shall maintain the level of
    Federal motor carrier safety investigators for international border
    commercial vehicle inspections as in effect on September 30, 1997, or
    provide for alternative resources and mechanisms to ensure an
    equivalent level of commercial motor vehicle safety inspections. Such
    funds as are necessary to carry out this section shall be made
    available within the limitation on general operating expenses of the
    Department of Transportation.

    SEC. 3419. FOREIGN MOTOR CARRIER SAFETY FITNESS.

        (a) In General.--No later than 90 days after enactment of this Act,
    the Secretary of Transportation shall make a determination regarding
    the willingness and ability of any foreign motor carrier, the
    application for which has not been processed due to the moratorium on
    the granting of authority to foreign carriers to operate in the United
    States, to meet the safety fitness and other regulatory requirements
    under this title.
        (b) Report.--Not later than 120 days after the date of enactment
    this Act, the Secretary of Transportation shall submit a report to the
    Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Transportation and Infrastructure of the House of
    Representatives on the application of section 13902(c)(9) of title 49,
    United States Code. The report shall include--
                (1) any findings made by the Secretary under subsection
            (a);
                (2) information on which carriers have applied to the
            Department of Transportation under that section; and
                (3) a description of the process utilized to respond to
            such applications and to certify the safety fitness of those
            carriers.

    SEC. 3420. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

        (a) Establishment.--The Secretary of Transportation may establish a
    Commercial Motor Vehicle Safety Advisory Committee to provide advice
    and recommendations on a range of regulatory issues. The members of the
    advisory committee shall be appointed by the Secretary from among
    individuals affected by rulemakings under consideration by the
    Department of Transportation.
        (b) Function.--The Advisory Committee established under subsection
    (a) shall provide advice to the Secretary on commercial motor vehicle
    safety regulations and safety review procedures and findings, and may
    assist the Secretary in timely completion of ongoing rulemakings by
    utilizing negotiated rulemaking procedures.

    SEC. 3421. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.

        (a) Waivers, Exemptions, and Pilot Programs for Chapters 311 and
    315.--Section 31136(e) is amended--
                (1) by redesignating paragraphs (2) and (3) as paragraphs
            (5) and (6), respectively; and
                (2) by striking the subsection heading and paragraph (1)
            and inserting the following:
        ``(e) Waivers, Exemptions, and Pilot Programs.--
                ``(1) In general.--The Secretary shall, by regulation
            promulgated after notice and an opportunity for public comment
            and within 180 days after the date of enactment of the
            Intermodal Transportation Safety Act of 1998, establish
            procedures by which waivers, exemptions, and pilot programs
            under this section may be initiated. The regulation shall
            provide--
                        ``(A) a process for the issuance of waivers or
                    exemptions from any part of a regulation prescribed
                    under this subchapter or chapter 315; and
                        ``(B) procedures for the conduct of pilot projects
                    or demonstration programs to support the
                    appropriateness of regulations, enforcement policies,
                    waivers, or exemptions under this section.
                ``(2) Waivers.--The Secretary may grant a waiver that
            relieves a person from compliance in whole or in part with a
            regulation issued under this subchapter or chapter 315 if the
            Secretary determines that it is in the public interest to grant
            the waiver and that the waiver is likely to achieve a level of
            safety that is equivalent to, or greater than, the level of
            safety that would be obtained in the absence of the waiver--
                        ``(A) for a period not in excess of 3 months;
                        ``(B) limited in scope and circumstances;
                        ``(C) for nonemergency and unique events; and
                        ``(D) subject to such conditions as the Secretary
                    may impose.
                ``(3) Exemptions.--The Secretary may grant an exemption in
            whole or in part from a regulation issued under this subchapter
            or chapter 315 to a class of persons, vehicles, or
            circumstances if the Secretary determines, after notice and
            opportunity for public comment, that it is in the public
            interest to grant the exemption and that the exemption is
            likely to achieve a level of safety that is equivalent to, or
            greater than, the level of safety that would be obtained in the
            absence of the exemption. An exemption granted under this
            paragraph shall be in effect for a period of not more than 2
            years, but may be renewed by the Secretary after notice and
            opportunity for public comment if the Secretary determines,
            based on the safety impact and results of the first 2 years of
            an exemption, that the extension is in the public interest and
            that the extension of the exemption is likely to achieve a
            level of safety that is equivalent to, or greater than, the
            level of safety that would be obtained in the absence of the
            extension.
                ``(4) Pilot programs.--
                        ``(A) In general.--In carrying out this section,
                    the Secretary is authorized to carry out pilot programs
                    to examine innovative approaches or alternatives to
                    regulations issued under this chapter or chapter 315.
                        ``(B) Requirement for approval.--In carrying out a
                    pilot project under this paragraph, the Secretary shall
                    require, as a condition of approval of the project,
                    that the safety measures in the project are designed to
                    achieve a level of safety that is equivalent to, or
                    greater than, the level of safety that would otherwise
                    be achieved through compliance with the standards
                    prescribed under this subchapter or chapter 315.
                        ``(C) Exemptions.--A pilot project under this
                    paragraph--
                                ``(i) may exempt a motor carrier under the
                            project from any requirement (or portion
                            thereof) imposed under this subchapter or
                            chapter 315; and
                                ``(ii) shall preempt any State or local
                            regulation that conflicts with the pilot
                            project during the time the pilot project is in
                            effect.
                        ``(D) Revocation of exemption.--The Secretary shall
                    revoke an exemption granted under subparagraph (C) if--
                                ``(i) the motor carrier to which it applies
                            fails to comply with the terms and conditions
                            of the exemption; or
                                ``(ii) the Secretary determines that the
                            exemption has resulted in a lower level of
                            safety than was maintained before the exemption
                            was granted.''.
        (b) Waivers, Exemptions, and Pilot Programs for Chapter 313.--
    Section 31315 is amended--
                (1) by inserting ``(a) In General.--'' before ``After
            notice''; and
                (2) by adding at the end the following:
        ``(b) Waivers, Exemptions, and Pilot Programs.--
                ``(1) In general.--The Secretary shall, by regulation
            promulgated after notice and an opportunity for public comment
            and within 180 days after the date of enactment of the
            Intermodal Transportation Safety Act of 1998, establish
            procedures by which waivers, exemptions, and pilot programs
            under this section may be initiated. The regulation shall
            provide--
                        ``(A) a process for the issuance of waivers or
                    exemptions from any part of a regulation prescribed
                    under this chapter; and
                        ``(B) procedures for the conduct of pilot projects
                    or demonstration programs to support the
                    appropriateness of regulations, enforcement policies,
                    or exemptions under this section.
                ``(2) Waivers.--The Secretary may grant a waiver that
            relieves a person from compliance in whole or in part with a
            regulation issued under this chapter if the Secretary
            determines that it is in the public interest to grant the
            waiver and that the waiver is likely to achieve a level of
            safety that is equivalent to, or greater than, the level of
            safety that would be obtained in the absence of the waiver--
                        ``(A) for a period not in excess of 3 months;
                        ``(B) limited in scope and circumstances;
                        ``(C) for nonemergency and unique events; and
                        ``(D) subject to such conditions as the Secretary
                    may impose.
                ``(3) Exemptions.--The Secretary may grant an exemption in
            whole or in part from a regulation issued under this chapter to
            a class of persons, vehicles, or circumstances if the Secretary
            determines, after notice and opportunity for public comment,
            that it is in the public interest to grant the exemption and
            that the exemption is likely to achieve a level of safety that
            is equivalent to, or greater than, the level of safety that
            would be obtained in the absence of the exemption. An exemption
            granted under this paragraph shall be in effect for a period of
            not more than 2 years, but may be renewed by the Secretary
            after notice and opportunity for public comment if the
            Secretary determines, based on the safety impact and results of
            the first 2 years of an exemption, that the extension is in the
            public interest and that the extension of the exemption is
            likely to achieve a level of safety that is equivalent to, or
            greater than, the level of safety that would be obtained in the
            absence of the extension.
                ``(4) Pilot programs.--
                        ``(A) In general.--In carrying out this section,
                    the Secretary is authorized to carry out pilot programs
                    to examine innovative approaches or alternatives to
                    regulations issued under this chapter.
                        ``(B) Requirement for approval.--In carrying out a
                    pilot project under this paragraph, the Secretary shall
                    require, as a condition of approval of the project,
                    that the safety measures in the project are designed to
                    achieve a level of safety that is equivalent to, or
                    greater than, the level of safety that would otherwise
                    be achieved through compliance with the standards
                    prescribed under this chapter.
                        ``(C) Exemptions.--A pilot project under this
                    paragraph--
                                ``(i) may exempt a motor carrier under the
                            project from any requirement (or portion
                            thereof) imposed under this chapter; and
                                ``(ii) shall preempt any State or local
                            regulation that conflicts with the pilot
                            project during the time the pilot project is in
                            effect.
                        ``(D) Revocation of exemption.--The Secretary shall
                    revoke an exemption granted under subparagraph (C) if--
                                ``(i) the motor carrier to which it applies
                            fails to comply with the terms and conditions
                            of the exemption; or
                                ``(ii) the Secretary determines that the
                            exemption has resulted in a lower level of
                            safety than was maintained before the exemption
                            was granted.''.

    SEC. 3422. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.

        (a) In General.--The Secretary shall conduct a study of the impact
    on safety and infrastructure of tandem axle commercial motor vehicle
    operations in States that permit the operation of such vehicles in
    excess of the weight limits established by section 127 of title 23,
    United States Code.
        (b) Cooperative Agreements With States.--The Secretary shall enter
    into cooperative agreements with States described in subsection (a)
    under which the States participate in the collection of weight-in-
    motion data necessary to achieve the purpose of the study. If the
    Secretary determines that additional weight-in-motion sites, on or off
    the Dwight D. Eisenhower System of Interstate and Defense Highways, are
    necessary to carry out the study, and requests assistance from the
    States in choosing appropriate locations, the States shall identify the
    industries or transportation companies operating within their borders
    that regularly utilize the 35,000-pound tandem axle.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall transmit to Congress a report on the
    results of the study, together with any related legislative or
    administrative recommendations. Until the Secretary transmits the
    report to Congress, the Secretary may not withhold funds under section
    104 of title 23, United States Code, from any State for violation of
    the grandfathered tandem axle weight limits under section 127 of that
    title.

    SEC. 3423. INCREASED MCSAP PARTICIPATION IMPACT STUDY.

        (a) In General.--If a State that did not receive its full
    allocation of funding under the Motor Carrier Safety Assistance Program
    during fiscal years 1996 and 1997 agrees to enter into a cooperative
    agreement with the Secretary to evaluate the safety impact, costs, and
    benefits of allowing such State to continue to participate fully in the
    Motor Carrier Safety Assistance Program, then the Secretary of
    Transportation shall allocate to that State the full amount of funds to
    which it would otherwise be entitled for fiscal years 1998, 1999, 2000,
    2001, 2002, and 2003. The Secretary may not add conditions to the
    cooperative agreement other than those directly relating to the
    accurate and timely collection of inspection and crash data sufficient
    to ascertain the safety and effectiveness of such State's program.
        (b) Requirements.--
                (1) Report.--The State shall submit to the Secretary each
            year the results of such safety evaluations.
                (2) Termination by secretary.--If the Secretary finds such
            an agreement not in the public interest based on the results of
            such evaluations after 2 years of full participation, the
            Secretary may terminate the agreement entered into under this
            section.
        (c) Prohibition of Adoption of Lesser Standards.--No State may
    enact or implement motor carrier safety regulations that are determined
    by the Secretary to be less strict than those in effect as of September
    30, 1997.

    SEC. 3424. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE
                  COMMERCIAL MOTOR VEHICLE DRIVERS.

        (a) In General.--Section 31502 is amended by adding at the end the
    following new subsection:
        ``(e) Exception.--
                ``(1) In general.--Notwithstanding any other provision of
            law, regulations promulgated under this section or section
            31136 regarding--
                        ``(A) maximum driving and on-duty times applicable
                    to operators of commercial motor vehicles;
                        ``(B) physical testing, reporting, or
                    recordkeeping; and
                        ``(C) the installation of automatic recording
                    devices associated with establishing the maximum
                    driving and on-duty times referred to in subparagraph
                    (A),
            shall not apply to any driver of a utility service vehicle
            during an emergency period of not more than 30 days declared by
            an elected State or local government official under paragraph
            (2) in the area covered by the declaration.
                ``(2) Declaration of Emergency.--The regulations described
            in subparagraphs (A), (B), and (C) of paragraph (1) do not
            apply to the driver of a utility service vehicle operated--
                        ``(A) in the area covered by an emergency
                    declaration under this paragraph; and
                        ``(B) for a period of not more than 30 days
                    designated in that declaration,
            issued by an elected State or local government official (or
            jointly by elected officials of more than one State or local
            government), after notice to the Regional Director of the
            Federal Highway Administration with jurisdiction over the area
            covered by the declaration.
                ``(3) Incident report.--Within 30 days after the end of the
            declared emergency period the official who issued the emergency
            declaration shall file with the Regional Director a report of
            each safety-related incident or accident that occurred during
            the emergency period involving--
                        ``(A) a utility service vehicle driver to which the
                    declaration applied; or
                        ``(B) a utility service vehicle to the driver of
                    which the declaration applied.
                ``(4) Definitions.--For purposes of this subsection--
                        ``(A) Driver of a utility service vehicle.--The
                    term `driver of a utility service vehicle' means any
                    driver who is considered to be a driver of a utility
                    service vehicle for purposes of section 345(a)(4) of
                    the National Highway System Designation Act of 1995 (49
                    U.S.C. 31136 note).
                        ``(B) Utility service vehicle.--The term `utility
                    service vehicle' has the meaning given that term in
                    section 345(e)(6) of the National Highway System
                    Designation Act of 1995 (49 U.S.C. 31136 note).''.
        (b) Continued Application of Safety and Maintenance Requirements.--
                (1) In general.--The amendment made by subsection (a) may
            not be construed--
                        (A) to exempt any utility service vehicle from
                    compliance with any applicable provision of law
                    relating to vehicle mechanical safety, maintenance
                    requirements, or inspections; or
                        (B) to exempt any driver of a utility service
                    vehicle from any applicable provision of law (including
                    any regulation) established for the issuance,
                    maintenance, or periodic renewal of a commercial
                    driver's license for that driver.
                (2) Definitions.--For purposes of this subsection--
                        (A) Commercial driver's license.--The term
                    ``commercial driver's license'' has the meaning given
                    that term in section 31301(3) of title 49, United
                    States Code.
                        (B) Driver of a utility service vehicle.--The term
                    ``driver of a utility service vehicle'' has the meaning
                    given that term in section 31502(e)(2)(A) of title 49,
                    United States Code, as added by subsection (a).
                        (C) Regulation.--The term ``regulation'' has the
                    meaning given that term in section 31132(6) of title
                    49, United States Code.
                        (D) Utility service vehicle.--The term ``utility
                    service vehicle'' has the meaning given that term in
                    section 345(e)(6) of the National Highway System
                    Designation Act of 1995 (49 U.S.C. 31136 note).

    SEC. 3425. SCHOOL TRANSPORTATION SAFETY.

        (a) Study.--Not later than 3 months after the date of enactment of
    this Act, the Secretary shall offer to enter into an agreement with the
    Transportation Research Board of the National Academy of Sciences to
    conduct, subject to the availability of appropriations, a study of the
    safety issues attendant to the transportation of school children to and
    from school and school-related activities by various transportation
    modes.
        (b) Terms of Agreement.--The agreement under subsection (a) shall
    provide that--
                (1) the Transportation Research Board, in conducting the
            study, shall consider--
                        (A) in consultation with the National
                    Transportation Safety Board, the Bureau of
                    Transportation Statistics, and other relevant entities,
                    available crash injury data;
                        (B) vehicle design and driver training
                    requirements, routing, and operational factors that
                    affect safety; and
                        (C) other factors that the Secretary considers to
                    be appropriate;
                (2) if the data referred to in paragraph (1)(A) is
            unavailable or insufficient, the Transportation Research Board
            shall recommend a new data collection regimen and
            implementation guidelines; and
                (3) a panel shall conduct the study and shall include--
                        (A) representatives of--
                                (i) highway safety organizations;
                                (ii) school transportation; and
                                (iii) mass transportation operators;
                        (B) academic and policy analysts; and
                        (C) other interested parties.
        (c) Report.--Not later than 12 months after the Secretary enters
    into an agreement under subsection (a), the Secretary shall transmit to
    the Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives a report that contains the results of the study.
        (d) Authorization.--There are authorized to be appropriated to the
    Department of Transportation to carry out this section--
                (1) $200,000 for fiscal year 1999; and
                (2) $200,000 for fiscal year 2000.

        Subtitle E--Rail and Mass Transportation Anti-Terrorism; Safety

    SEC. 3501. PURPOSE.

        The purpose of this subtitle is to protect the passengers and
    employees of railroad carriers and mass transportation systems and the
    movement of freight by railroad from terrorist attacks.

    SEC. 3502. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

        (a) Section 1992 of title 18, United States Code, is amended to
    read as follows:
    ``Sec. 1992. Terrorist attacks against railroads
        ``(a) General Prohibitions.--Whoever willfully--
                ``(1) wrecks, derails, sets fire to, or disables any train,
            locomotive, motor unit, or freight or passenger car used,
            operated, or employed by a railroad carrier;
                ``(2) brings, carries, possesses, places or causes to be
            placed any destructive substance, or destructive device in,
            upon, or near any train, locomotive, motor unit, or freight or
            passenger car used, operated, or employed by a railroad
            carrier, without previously obtaining the permission of the
            carrier, and with intent to endanger the safety of any
            passenger or employee of the carrier, or with a reckless
            disregard for the safety of human life;
                ``(3) sets fire to, or places any destructive substance, or
            destructive device in, upon or near, or undermines any tunnel,
            bridge, viaduct, trestle, track, signal, station, depot,
            warehouse, terminal, or any other way, structure, property, or
            appurtenance used in the operation of, or in support of the
            operation of, a railroad carrier, or otherwise makes any such
            tunnel, bridge, viaduct, trestle, track, station, depot,
            warehouse, terminal, or any other way, structure, property, or
            appurtenance unworkable or unusable or hazardous to work or
            use, knowing or having reason to know such activity would
            likely derail, disable, or wreck a train, locomotive, motor
            unit, or freight or passenger car used, operated, or employed
            by a railroad carrier;
                ``(4) removes appurtenances from, damages, or otherwise
            impairs the operation of any railroad signal system, including
            a train control system, centralized dispatching system, or
            highway-railroad grade crossing warning signal on a railroad
            line used, operated, or employed by a railroad carrier;
                ``(5) interferes with, disables, or incapacitates any
            locomotive engineer, conductor, or other person while they are
            operating or maintaining a train, locomotive, motor unit, or
            freight or passenger car used, operated, or employed by a
            railroad carrier, with intent to endanger the safety of any
            passenger or employee of the carrier, or with a reckless
            disregard for the safety of human life;
                ``(6) commits an act intended to cause death or serious
            bodily injury to an employee or passenger of a railroad carrier
            while on the property of the carrier;
                ``(7) causes the release of a hazardous material being
            transported by a rail freight car, with the intent to endanger
            the safety of any person, or with a reckless disregard for the
            safety of human life;
                ``(8) conveys or causes to be conveyed false information,
            knowing the information to be false, concerning an attempt or
            alleged attempt being made or to be made, to do any act that
            would be a crime prohibited by this subsection; or
                ``(9) attempts, threatens, or conspires to do any of the
            aforesaid acts,
    shall be fined under this title or imprisoned not more than 20 years,
    or both, if such act is committed, or in the case of a threat or
    conspiracy such act would be committed, within the United States on,
    against, or affecting a railroad carrier engaged in or affecting
    interstate or foreign commerce, or if in the course of committing such
    acts, that person travels or communicates across a State line in order
    to commit such acts, or transports materials across a State line in aid
    of the commission of such acts; except that whoever is convicted of any
    crime prohibited by this subsection shall be--
                        ``(A) imprisoned for not less than 30 years or for
                    life if the railroad train involved carried high-level
                    radioactive waste or spent nuclear fuel at the time of
                    the offense;
                        ``(B) imprisoned for life if the railroad train
                    involved was carrying passengers at the time of the
                    offense; and
                        ``(C) imprisoned for life or sentenced to death if
                    the offense has resulted in the death of any person.
        ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
                ``(1) Except as provided in paragraph (4), whoever
            knowingly possesses or causes to be present any firearm or
            other dangerous weapon on board a passenger train of a railroad
            carrier, or attempts to do so, shall be fined under this title
            or imprisoned not more than 1 year, or both, if such act is
            committed on a railroad carrier that is engaged in or affecting
            interstate or foreign commerce, or if in the course of
            committing such act, that person travels or communicates across
            a State line in order to commit such act, or transports
            materials across a State line in aid of the commission of such
            act.
                ``(2) Whoever, with intent that a firearm or other
            dangerous weapon be used in the commission of a crime,
            knowingly possesses or causes to be present such firearm or
            dangerous weapon on board a passenger train or in a passenger
            terminal facility of a railroad carrier, or attempts to do so,
            shall be fined under this title or imprisoned not more than 5
            years, or both, if such act is committed on a railroad carrier
            that is engaged in or affecting interstate or foreign commerce,
            or if in the course of committing such act, that person travels
            or communicates across a State line in order to commit such
            act, or transports materials across a State line in aid of the
            commission of such act.
                ``(3) A person who kills or attempts to kill a person in
            the course of a violation of paragraphs (1) or (2), or in the
            course of an attack on a passenger train or a passenger
            terminal facility of a railroad carrier involving the use of a
            firearm or other dangerous weapon, shall be punished as
            provided in sections 1111, 1112, and 1113.
                ``(4) Paragraph (1) shall not apply to--
                        ``(A) the possession of a firearm or other
                    dangerous weapon by an officer, agent, or employee of
                    the United States, a State, or a political subdivision
                    thereof, while engaged in the lawful performance of
                    official duties, who is authorized by law to engage in
                    the transportation of people accused or convicted of
                    crimes, or supervise the prevention, detection,
                    investigation, or prosecution of any violation of law;
                        ``(B) the possession of a firearm or other
                    dangerous weapon by an officer, agent, or employee of
                    the United States, a State, or a political subdivision
                    thereof, while off duty, if such possession is
                    authorized by law;
                        ``(C) the possession of a firearm or other
                    dangerous weapon by a Federal official or a member of
                    the Armed Forces if such possession is authorized by
                    law;
                        ``(D) the possession of a firearm or other
                    dangerous weapon by a railroad police officer employed
                    by a rail carrier and certified or commissioned as a
                    police officer under the laws of a State, whether on or
                    off duty; or
                        ``(E) an individual transporting a firearm on board
                    a railroad passenger train (except a loaded firearm) in
                    baggage not accessible to any passenger on board the
                    train, if the railroad carrier was informed of the
                    presence of the weapon prior to the firearm being
                    placed on board the train.
        ``(c) Prohibition Against Propelling Objects.--Whoever willfully or
    recklessly throws, shoots, or propels a rock, stone, brick, or piece of
    iron, steel, or other metal or any deadly or dangerous object or
    destructive substance at any locomotive or car of a train, knowing or
    having reason to know such activity would likely cause personal injury,
    shall be fined under this title or imprisoned for not more than 5
    years, or both, if such act is committed on or against a railroad
    carrier engaged in or affecting interstate or foreign commerce, or if
    in the course of committing such act, that person travels or
    communicates across a State line in order to commit such act, or
    transports materials across a State line in aid of the commission of
    such act. Whoever is convicted of any crime prohibited by this
    subsection shall also be subject to imprisonment for not more than 20
    years if the offense has resulted in the death of any person.
        ``(d) Definitions.--In this section--
                ``(1) `dangerous device' has the meaning given that term in
            section 921(a)(4) of this title;
                ``(2) `dangerous weapon'' has the meaning given that term
            in section 930 of this title;
                ``(3) `destructive substance'' has the meaning given that
            term in section 31 of this title, except that (A) the term
            `radioactive device' does not include any radioactive device or
            material used solely for medical, industrial, research, or
            other peaceful purposes, and (B) `destructive substance'
            includes any radioactive device or material that can be used to
            cause a harm listed in subsection (a) and that is not in use
            solely for medical, industrial, research, or other peaceful
            purposes;
                ``(4) `firearm' has the meaning given that term in section
            921 of this title;
                ``(5) `hazardous material' has the meaning given that term
            in section 5102(2) of title 49, United States Code;
                ``(6) `high-level radioactive waste' has the meaning given
            that term in section 10101(12) of title 42, United States Code;
                ``(7) `railroad' has the meaning given that term in section
            20102(1) of title 49, United States Code;
                ``(8) `railroad carrier' has the meaning given that term in
            section 20102(2) of title 49, United States Code;
                ``(9) `serious bodily injury' has the meaning given that
            term in section 1365 of this title;
                ``(10) `spent nuclear fuel' has the meaning given that term
            in section 10101(23) of title 42, United States Code; and
                ``(11) `State' has the meaning given that term in section
            2266 of this title.''.
        (b) In the analysis of chapter 97 of title 18, United States Code,
    item ``1992'' is amended to read as follows:

    ``1992. Terrorist attacks against railroads.''.

    SEC. 3503. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

        (a) Chapter 97 of title 18, United States Code, is amended by
    adding at the end thereof the following new section:
    ``Sec. 1994. Terrorist attacks against mass transportation
        ``(a) General Prohibitions.--Whoever willfully--
                ``(1) wrecks, derails, sets fire to, or disables a mass
            transportation vehicle or vessel;
                ``(2) places or causes to be placed any destructive
            substance in, upon, or near a mass transportation vehicle or
            vessel, without previously obtaining the permission of the mass
            transportation provider, and with intent to endanger the safety
            of any passenger or employee of the mass transportation
            provider, or with a reckless disregard for the safety of human
            life;
                ``(3) sets fire to, or places any destructive substance in,
            upon, or near any garage, terminal, structure, supply, or
            facility used in the operation of, or in support of the
            operation of, a mass transportation vehicle, knowing or having
            reason to know such activity would likely derail, disable, or
            wreck a mass transportation vehicle used, operated, or employed
            by a mass transportation provider;
                ``(4) removes appurtenances from, damages, or otherwise
            impairs the operation of a mass transportation signal system,
            including a train control system, centralized dispatching
            system, or rail grade crossing warning signal;
                ``(5) interferes with, disables, or incapacitates any
            driver or person while that driver or person is employed in
            operating or maintaining a mass transportation vehicle or
            vessel, with intent to endanger the safety of any passenger or
            employee of the mass transportation provider, or with a
            reckless disregard for the safety of human life;
                ``(6) commits an act intended to cause death or serious
            bodily injury to an employee or passenger of a mass
            transportation provider on the property of a mass
            transportation provider;
                ``(7) conveys or causes to be conveyed false information,
            knowing the information to be false, concerning an attempt or
            alleged attempt being made or to be made, to do any act which
            would be a crime prohibited by this subsection; or
                ``(8) attempts, threatens, or conspires to do any of the
            aforesaid acts, shall be fined under this title or imprisoned
            not more than 20 years, or both, if such act is committed, or
            in the case of a threat or conspiracy such act would be
            committed, within the United States on, against, or affecting a
            mass transportation provider engaged in or affecting interstate
            or foreign commerce, or if in the course of committing such
            act, that person travels or communicates across a State line in
            order to commit such act, or transports materials across a
            State line in aid of the commission of such act. Whoever is
            convicted of a crime prohibited by this section shall also be
            subject to imprisonment for life if the mass transportation
            vehicle or vessel was carrying a passenger at the time of the
            offense, and imprisonment for life or sentenced to death if the
            offense has resulted in the death of any person.
        ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
                ``(1) Except as provided in paragraph (4), whoever
            knowingly possesses or causes to be present any firearm or
            other dangerous weapon on board a mass transportation vehicle
            or vessel, or attempts to do so, shall be fined under this
            title or imprisoned not more than 1 year, or both, if such act
            is committed on a mass transportation provider engaged in or
            affecting interstate or foreign commerce, or if in the course
            of committing such act, that person travels or communicates
            across a State line in order to commit such act, or transports
            materials across a State line in aid of the commission of such
            act.
                ``(2) Whoever, with intent that a firearm or other
            dangerous weapon be used in the commission of a crime,
            knowingly possesses or causes to be present such firearm or
            dangerous weapon on board a mass transportation vehicle or
            vessel, or in a mass transportation passenger terminal
            facility, or attempts to do so, shall be fined under this
            title, or imprisoned not more than 5 years, or both, if such
            act is committed on a mass transportation provider engaged in
            or affecting interstate or foreign commerce, or if in the
            course of committing such act, that person travels or
            communicates across a State line in order to commit such act,
            or transports materials across a State line in aid of the
            commission of such act.
                ``(3) A person who kills or attempts to kill a person in
            the course of a violation of paragraphs (1) or (2), or in the
            course of an attack on a mass transportation vehicle or vessel,
            or a mass transportation passenger terminal facility involving
            the use of a firearm or other dangerous weapon, shall be
            punished as provided in sections 1111, 1112, and 1113 of this
            title.
                ``(4) Paragraph (1) shall not apply to--
                        ``(A) the possession of a firearm or other
                    dangerous weapon by an officer, agent, or employee of
                    the United States, a State, or a political subdivision
                    thereof, while engaged in the lawful performance of
                    official duties, who is authorized by law to engage in
                    the transportation of people accused or convicted of
                    crimes, or supervise the prevention, detection,
                    investigation, or prosecution of any violation of law;
                        ``(B) the possession of a firearm or other
                    dangerous weapon by an officer, agent, or employee of
                    the United States, a State, or a political subdivision
                    thereof, while off duty, if such possession is
                    authorized by law;
                        ``(C) the possession of a firearm or other
                    dangerous weapon by a Federal official or a member of
                    the Armed Forces if such possession is authorized by
                    law;
                        ``(D) the possession of a firearm or other
                    dangerous weapon by a railroad police officer employed
                    by a rail carrier and certified or commissioned as a
                    police officer under the laws of a State, whether on or
                    off duty; or
                        ``(E) an individual transporting a firearm on board
                    a mass transportation vehicle or vessel (except a
                    loaded firearm) in baggage not accessible to any
                    passenger on board the vehicle or vessel, if the mass
                    transportation provider was informed of the presence of
                    the weapon prior to the firearm being placed on board
                    the vehicle or vessel.
        ``(c) Prohibition Against Propelling Objects.--Whoever willfully or
    recklessly throws, shoots, or propels a rock, stone, brick, or piece of
    iron, steel, or other metal or any deadly or dangerous object or
    destructive substance at any mass transportation vehicle or vessel,
    knowing or having reason to know such activity would likely cause
    personal injury, shall be fined under this title or imprisoned for not
    more than 5 years, or both, if such act is committed on or against a
    mass transportation provider engaged in or substantially affecting
    interstate or foreign commerce, or if in the course of committing such
    acts, that person travels or communicates across a State line in order
    to commit such acts, or transports materials across a State line in aid
    of the commission of such acts. Whoever is convicted of any crime
    prohibited by this subsection shall also be subject to imprisonment for
    not more than 20 years if the offense has resulted in the death of any
    person.
        ``(d) Definitions.--In this section--
                ``(1) `dangerous device' has the meaning given that term in
            section 921(a)(4) of this title;
                ``(2) `dangerous weapon' has the meaning given that term in
            section 930 of this title;
                ``(3) `destructive substance' has the meaning given that
            term in section 31 of this title, except that (A) the term
            `radioactive device' does not include any radioactive device or
            material used solely for medical, industrial, research, or
            other peaceful purposes, and (B) `destructive substance'
            includes any radioactive device or material that can be used to
            cause a harm listed in subsection (a) and that is not in use
            solely for medical, industrial, research, or other peaceful
            purposes;
                ``(4) `firearm' has the meaning given that term in section
            921 of this title;
                ``(5) `mass transportation' has the meaning given that term
            in section 5302(a)(7) of title 49, United States Code, except
            that the term shall include schoolbus, charter, and sightseeing
            transportation;
                ``(6) `serious bodily injury' has the meaning given that
            term in section 1365 of this title; and
                ``(7) `State' has the meaning given that term in section
            2266 of this title.''.
        (b) The analysis of chapter 97 of title 18, United States Code, is
    amended by adding at the end thereof:

    ``1994. Terrorist attacks against mass transportation.''.

    SEC. 3504. INVESTIGATIVE JURISDICTION.

        The Federal Bureau of Investigation shall lead the investigation of
    all offenses under sections 1192 and 1994 of title 18, United States
    Code. The Federal Bureau of Investigation shall cooperate with the
    National Transportation Safety Board and with the Department of
    Transportation in safety investigations by these agencies, and with the
    Treasury Department's Bureau of Alcohol, Tobacco and Firearms
    concerning an investigation regarding the possession of firearms and
    explosives.

    SEC. 3505. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO COMMUTER
                  RAILROADS.

        Section 5329 is amended by adding at the end the following:
        ``(c) Commuter Railroad Safety Considerations.--In making a grant
    or loan under this chapter that concerns a railroad subject to the
    Secretary's railroad safety jurisdiction under section 20102 of this
    title, the Federal Transit Administrator shall consult with the Federal
    Railroad Administrator concerning relevant safety issues. The Secretary
    may use appropriate authority under this chapter, including the
    authority to prescribe particular terms or covenants under section 5334
    of this title, to address any safety issues identified in the project
    supported by the loan or grant.''.

    SEC. 3506. RAILROAD ACCIDENT AND INCIDENT REPORTING.

        Section 20901(a) is amended to read as follows:
        ``(a) General Requirements.--On a periodic basis, not more
    frequently than monthly, as specified by the Secretary of
    Transportation, a railroad carrier shall file a report with the
    Secretary on all accidents and incidents resulting in injury or death
    to an individual, or damage to equipment or a roadbed arising from the
    carrier's operations during that period. The report shall state the
    nature, cause, and circumstances of each reported accident or incident.
    If a railroad carrier assigns human error as a cause, the report shall
    include, at the option of each employee whose error is alleged, a
    statement by the employee explaining any factors the employee alleges
    contributed to the accident or incident.''.

    SEC. 3507. MASS TRANSPORTATION BUSES.

        Section 1023(h)(1) of the Intermodal Surface Transportation
    Efficiency Act of 1991, as amended (23 U.S.C. 127 note), is amended by
    striking ``the date on which'' and all that follows through ``1995''
    and inserting ``January 1, 2003''.

                  Subtitle F--Sportfishing and Boating Safety

    SEC. 3601. AMENDMENT OF 1950 ACT.

        Whenever in this Act an amendment or repeal is expressed in terms
    of an amendment to, or repeal of, a section or other provision of the
    1950 Act, the reference shall be considered to be made to a section or
    other provision of the Act entitled ``An Act to provide that the United
    States shall aid the States in fish restoration and management
    projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C.
    777 et seq.).

    SEC. 3602. OUTREACH AND COMMUNICATIONS PROGRAMS.

        (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is
    amended--
                (1) by indenting the left margin of so much of the text as
            precedes ``(a)'' by 2 ems;
                (2) by inserting ``For purposes of this Act--'' after the
            section heading;
                (3) by striking ``For the purpose of this Act the'' in the
            first paragraph and inserting ``(1) the'';
                (4) by indenting the left margin of so much of the text as
            follows ``include--'' by 4 ems;
                (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
            inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
                (6) by striking ``department.'' and inserting
            ``department;''; and
                (7) by adding at the end the following:
                ``(2) the term `outreach and communications program' means
            a program to improve communications with anglers, boaters, and
            the general public regarding angling and boating opportunities,
            to reduce barriers to participation in these activities, to
            advance adoption of sound fishing and boating practices, to
            promote conservation and the responsible use of the Nation's
            aquatic resources, and to further safety in fishing and
            boating; and
                ``(3) the term `aquatic resource education program' means a
            program designed to enhance the public's understanding of
            aquatic resources and sportfishing, and to promote the
            development of responsible attitudes and ethics toward the
            aquatic environment.''.
        (b) Funding for Outreach and Communications Program.--Section 4 of
    the 1950 Act (16 U.S.C. 777c) is amended--
                (1) by redesignating subsections (c), (d), and (e) as
            subsections (d), (e), and (f), respectively;
                (2) by inserting after subsection (b) the following:
        ``(c) National Outreach and Communications Program.--Of the balance
    of each such annual appropriation remaining after making the
    distribution under subsections (a) and (b), respectively, an amount
    equal to--
                ``(1) $5,000,000 for fiscal year 1999;
                ``(2) $6,000,000 for fiscal year 2000;
                ``(3) $7,000,000 for fiscal year 2001;
                ``(4) $8,000,000 for fiscal year 2002; and
                ``(5) $10,000,000 for fiscal year 2003;
    shall be used for the National Outreach and Communications Program
    under section 8(d). Such amounts shall remain available for 3 fiscal
    years, after which any portion thereof that is unobligated by the
    Secretary of the Interior for that program may be expended by the
    Secretary under subsection (e).'';
                (3) in subsection (d), as redesignated, by inserting ``,
            for an outreach and communications program'' after ``Act'';
                (4) in subsection (d), as redesignated, by striking
            ``subsections (a) and (b),'' and inserting ``subsections (a),
            (b), and (c),'';
                (5) by adding at the end of subsection (d), as
            redesignated, the following: ``Of the sum available to the
            Secretary of the Interior under this subsection for any fiscal
            year, up to $2,500,000 may be used for the National Outreach
            and Communications Program under section 8(d) in addition to
            the amount available for that program under subsection (c). No
            funds available to the Secretary under this subsection may be
            used to replace funding traditionally provided through general
            appropriations, nor for any purposes except those purposes
            authorized by this Act. The Secretary shall publish a detailed
            accounting of the projects, programs, and activities funded
            under this subsection annually in the Federal Register.''; and
                (6) in subsection (e), as redesignated, by striking
            ``subsections (a), (b), and (c),'' and inserting ``subsections
            (a), (b), (c), and (d),''.
        (c) Increase in State Allocation.--Section 8 of the 1950 Act (16
    U.S.C. 777g) is amended--
                (1) by striking ``12 1/2 percentum'' each place it appears
            in subsection (b) and inserting ``15 percent'';
                (2) by striking ``10 percentum'' in subsection (c) and
            inserting ``15 percent'';
                (3) by inserting ``and communications'' in subsection (c)
            after ``outreach''; and
                (4) by redesignating subsection (d) as subsection (f); and
            by inserting after subsection (c) the following:
        ``(d) National Outreach and Communications Program.--
                ``(1) Implementation.--Within 1 year after the date of
            enactment of the Intermodal Transportation Safety Act of 1998,
            the Secretary of the Interior shall develop and implement, in
            cooperation and consultation with the Sport Fishing and Boating
            Partnership Council, a national plan for outreach and
            communications.
                ``(2) Content.--The plan shall provide--
                        ``(A) guidance, including guidance on the
                    development of an administrative process and funding
                    priorities, for outreach and communications programs;
                    and
                        ``(B) for the establishment of a national program.
                ``(3) Secretary may match or fund programs.--Under the
            plan, the Secretary may obligate amounts available under
            subsection (c) or (d) of section 4 of this Act--
                        ``(A) to make grants to any State or private entity
                    to pay all or any portion of the cost of carrying out
                    any outreach or communications program under the plan;
                    or
                        ``(B) to fund contracts with States or private
                    entities to carry out such a program.
                ``(4) Review.--The plan shall be reviewed periodically, but
            not less frequently than once every 3 years.
        ``(e) State Outreach and Communications Program.--Within 12 months
    after the completion of the national plan under subsection (d)(1), a
    State shall develop a plan for an outreach and communications program
    and submit it to the Secretary. In developing the plan, a State shall--
                ``(1) review the national plan developed under subsection
            (d);
                ``(2) consult with anglers, boaters, the sportfishing and
            boating industries, and the general public; and
                ``(3) establish priorities for the State outreach and
            communications program proposed for implementation.''.

    SEC. 3603. CLEAN VESSEL ACT FUNDING.

        Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read
    as follows:
        ``(b) Use of Balance After Distribution.--
                ``(1) Fiscal year  1998.--In fiscal year 1998, an amount
            equal to $20,000,000 of the balance remaining after the
            distribution under subsection (a) shall be transferred to the
            Secretary of Transportation and shall be expended for State
            recreational boating safety programs under section 13106(a)(1)
            of title 46, United States Code.
                ``(2) Fiscal years 1999-2003.--For each of fiscal years
            1999 through 2003, the balance of each annual appropriation
            remaining after making the distribution under subsection (a),
            an amount equal to $84,000,000, reduced by 82 percent of the
            amount appropriated for that fiscal year from the Boat Safety
            Account of the Aquatic Resources Trust Fund established by
            section 9504 of the Internal Revenue Code of 1986 to carry out
            the purposes of section 13106(a) of title 46, United States
            Code, shall be used as follows:
                        ``(A) $10,000,000 shall be available for each
                    fiscal year to the Secretary of the Interior for 3
                    years for obligation for qualified projects under
                    section 5604(c) of the Clean Vessel Act of 1992 (33
                    U.S.C. 1322 note);
                        ``(B) $10,000,000 shall be available for each
                    fiscal year to the Secretary of the Interior for 3
                    years for obligation for qualified projects under
                    section 3604(d) of the Intermodal Transportation Safety
                    Act of 1998; and
                        ``(C) the balance shall be transferred for each
                    such fiscal year to the Secretary of Transportation and
                    shall be expended for State recreational boating safety
                    programs under section 13106 of title 46, United States
                    Code.
                ``(3) Transfer of certain funds.--Amounts available under
            subparagraphs (A) and (B) of paragraphs (1) and (2) that are
            unobligated by the Secretary of the Interior after 3 years
            shall be transferred to the Secretary of Transportation and
            shall be expended for State recreational boating safety
            programs under section 13106(a) of title 46, United States
            Code.''.

    SEC. 3604. BOATING INFRASTRUCTURE.

        (a) Purpose.--The purpose of this section is to provide funds to
    States for the development and maintenance of public facilities for
    transient nontrailerable recreational vessels.
        (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended
    by section 3602, is amended by adding at the end thereof the following:
        ``(g) Surveys.--
                ``(1) National framework.--Within 6 months after the date
            of enactment of the Intermodal Transportation Safety Act of
            1998, the Secretary, in consultation with the States, shall
            adopt a national framework for a public boat access needs
            assessment which may be used by States to conduct surveys to
            determine the adequacy, number, location, and quality of
            facilities providing access to recreational waters for all
            sizes of recreational boats.
                ``(2) State surveys.--Within 18 months after such date of
            enactment, each State that agrees to conduct a public boat
            access needs survey following the recommended national
            framework shall report its findings to the Secretary for use in
            the development of a comprehensive national assessment of
            recreational boat access needs and facilities.
                ``(3) Exception.--Paragraph (2) does not apply to a State
            if, within 18 months after such date of enactment, the
            Secretary certifies that the State has developed and is
            implementing a plan that ensures there are and will be public
            boat access adequate to meet the needs of recreational boaters
            on its waters.
                ``(4) Funding.--A State that conducts a public boat access
            needs survey under paragraph (2) may fund the costs of
            conducting that assessment out of amounts allocated to it as
            funding dedicated to motorboat access to recreational waters
            under subsection (b)(1) of this section.''.
        (c) Plan.--Within 6 months after submitting a survey to the
    Secretary under section 8(g) of the Act entitled ``An Act to provide
    that the United States shall aid the States in fish restoration and
    management projects, and for other purposes,'' approved August 9, 1950
    (16 U.S.C. 777g(g)), as added by subsection (b) of this section, a
    State may develop and submit to the Secretary a plan for the
    construction, renovation, and maintenance of public facilities, and
    access to those facilities, for transient nontrailerable recreational
    vessels to meet the needs of nontrailerable recreational vessels
    operating on navigable waters in the State.
        (d) Grant Program.--
                (1) Matching grants.--The Secretary of the Interior shall
            obligate amounts made available under section 4(b)(2)(B) of the
            Act entitled ``An Act to provide that the United States shall
            aid the States in fish restoration and management projects, and
            for other purposes,'' approved August 9, 1950 (16 U.S.C.
            777c(b)(2)(B)) to make grants to any State to pay not more than
            75 percent of the cost to a State of constructing, renovating,
            or maintaining public facilities for transient nontrailerable
            recreational vessels.
                (2) Priorities.--In awarding grants under paragraph (1),
            the Secretary shall give priority to projects that--
                        (A) consist of the construction, renovation, or
                    maintenance of public facilities for transient
                    nontrailerable recreational vessels in accordance with
                    a plan submitted by a State under subsection (c);
                        (B) provide for public/private partnership efforts
                    to develop, maintain, and operate facilities for
                    transient nontrailerable recreational vessels; and
                        (C) propose innovative ways to increase the
                    availability of facilities for transient nontrailerable
                    recreational vessels.
        (e) Definitions.--For purposes of this section, the term--
                (1) ``nontrailerable recreational vessel'' means a
            recreational vessel 26 feet in length or longer--
                        (A) operated primarily for pleasure; or
                        (B) leased, rented, or chartered to another for the
                    latter's pleasure;
                (2) ``public facilities for transient nontrailerable
            recreational vessels'' includes mooring buoys, day-docks,
            navigational aids, seasonal slips, or similar structures
            located on navigable waters, that are available to the general
            public and designed for temporary use by nontrailerable
            recreational vessels; and
                (3) ``State'' means each of the several States of the
            United States, the District of Columbia, the Commonwealth of
            Puerto Rico, Guam, American Samoa, the Virgin Islands, and the
            Commonwealth of the Northern Mariana Islands.

    SEC. 3605. BOAT SAFETY FUNDS.

        (a) Availability of Allocations.--Section 13104(a) of title 46,
    United States Code, is amended--
                (1) in paragraph (1), by striking ``3 years'' and inserting
            ``2 years''; and
                (2) in paragraph (2), by striking ``3-year'' and inserting
            ``2-year''.
        (b) Expenditures.--Section 13106 of title 46, United States Code,
    is amended--
                (1) by striking the first sentence of subsection (a)(1) and
            inserting the following: ``Subject to paragraph (2) and
            subsection (c), the Secretary shall expend in each fiscal year
            for State recreational boating safety programs, under contracts
            with States under this chapter, an amount equal to the sum of
            (A) the amount appropriated from the Boat Safety Account for
            that fiscal year and (B) the amount transferred to the
            Secretary under section 4(b) of the Act of August 9, 1950 (16
            U.S.C. 777c(b)).''; and
                (2) by striking subsection (c) and inserting the following:
        ``(c) Of the amount transferred for each fiscal year to the
    Secretary of Transportation under section 4(b)(2) of the Act of August
    9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available to the Secretary
    for payment of expenses of the Coast Guard for personnel and activities
    directly related to coordinating and carrying out the national
    recreational boating safety program under this title. No funds
    available to the Secretary under this subsection may be used to replace
    funding traditionally provided through general appropriations, nor for
    any purposes except those purposes authorized by this section. Amounts
    made available by this subsection shall remain available until
    expended. The Secretary shall publish annually in the Federal Register
    a detailed accounting of the projects, programs, and activities funded
    under this subsection.''.
        (c) Conforming Amendments.--
                (1) The heading for section 13106 of title 46, United
            States Code, is amended to read as follows:
    ``Sec. 13106. Authorization of appropriations''.
                (2) The chapter analysis for chapter 131 of title 46,
            United States Code, is amended by striking the item relating to
            section 13106 and inserting the following:

    ``13106. Authorization of appropriations.''.

                           Subtitle G--Miscellaneous

    SEC. 3701. LIGHT DENSITY RAIL LINE PILOT PROJECTS.

        (a) In General.--Part B of subtitle V is amended by adding at the
    end the following new chapter:

             ``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS

    ``Sec.
    ``22301. Light density rail line pilot projects.
    ``Sec. 22301. Light density rail line pilot projects
        ``(a) Grants.--The Secretary of Transportation may make grants to
    States that have State rail plans described in section 22102 (1) and
    (2) to fund pilot projects that demonstrate the relationship of light
    density railroad services to the statutory responsibilities of the
    Secretary, including those under title 23.
        ``(b) Limitations.--Grants under this section may be made only for
    pilot projects for making capital improvements to, and rehabilitating,
    publicly and privately owned rail line structures, and may not be used
    for providing operating assistance.
        ``(c) Private Owner Contributions.--Grants made under this section
    for projects on privately owned rail line structures shall include
    contributions by the owner of the rail line structures, based on the
    benefit to those structures, as determined by the Secretary.
        ``(d) Study.--The Secretary shall conduct a study of the pilot
    projects carried out with grant assistance under this section to
    determine the public interest benefits associated with the light
    density railroad networks in the States and their contribution to a
    multimodal transportation system. Not later than March 31, 2003, the
    Secretary shall report to Congress any recommendations the Secretary
    considers appropriate regarding the eligibility of light density rail
    networks for Federal infrastructure financing.
        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section $10,000,000 for
    each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. Such
    funds shall remain available until expended.''.
        (b) Clerical Amendment.--The table of chapters for subtitle V is
    amended by inserting after the item relating to chapter 221 the
    following new item:

    ``223. Light Density Rail Line Pilot Projects...............  22301.''.

    SEC. 3702. SECTION 1407.

        (a) Strike section 1407 of the bill.
        (b) In the table of sections for the bill, strike the item relating
    to section 1407.

    SEC. 3703. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

        (a) Commercial Zone Defined.--Notwithstanding the provisions of
    section 13902(c)(4)(A) of title 49, United States Code, in this
    section, for the transportation of property only, the term ``commercial
    zone'' means a zone containing lands adjacent to, and commercially a
    part of, one or more municipalities with respect to which the exception
    described in section 13506(b)(1) of title 49, United States Code,
    applies.
        (b) Designation of Zone.--
                (1) In general.--The area described in paragraph (2) is
            designated as a commercial zone, to be known as the ``New
            Mexico Commercial Zone''.
                (2) Description of area.--The area described in this
            paragraph is the area that is comprised of Dona Ana County and
            Luna County in New Mexico.
        (c) Savings Provision.--Nothing in this section shall affect any
    action commenced or pending before the Secretary of Transportation or
    Surface Transportation Board before the date of enactment of this Act.

                TITLE IV--OZONE AND PARTICULATE MATTER STANDARDS

    SEC. 4101. FINDINGS AND PURPOSE.

        (a) The Congress finds that--
                (1) there is a lack of air quality monitoring data for fine
            particle levels, measured as PM<INF>2.5</INF>, in the United
            States and the States should receive full funding for the
            monitoring efforts;
                (2) such data would provide a basis for designating areas
            as attainment or nonattainment for any PM<INF>2.5</INF>
            national ambient air quality standards pursuant to the
            standards promulgated in July 1997;
                (3) the President of the United States directed the
            Administrator in a memorandum dated July 16, 1997, to complete
            the next periodic review of the particulate matter national
            ambient air quality standards by July 2002 in order to
            determine ``whether to revise or maintain the standards'';
                (4) the Administrator has stated that 3 years of air
            quality monitoring data for fine particle levels, measured as
            PM<INF>2.5</INF> and performed in accordance with any
            applicable Federal reference methods, is appropriate for
            designating areas as attainment or nonattainment pursuant to
            the July 1997 promulgated standards; and
                (5) the Administrator has acknowledged that in drawing
            boundaries for attainment and nonattainment areas for the July
            1997 ozone national air quality standards, Governors would
            benefit from considering implementation guidance from EPA on
            drawing area boundaries.
        (b) The purposes of this title are--
                (1) to ensure that 3 years of air quality monitoring data
            regarding fine particle levels are gathered for use in the
            determination of area attainment or nonattainment designations
            respecting any PM<INF>2.5</INF> national ambient air quality
            standards;
                (2) to ensure that the Governors have adequate time to
            consider implementation guidance from EPA on drawing area
            boundaries prior to submitting area designations respecting the
            July 1997 ozone national ambient air quality standards;
                (3) to ensure that implementation of the July 1997
            revisions of the ambient air quality standards are consistent
            with the purposes of the President's Implementation Memorandum
            dated July 16, 1997.

    SEC. 4102. PARTICULATE MATTER MONITORING PROGRAM.

        (a) Through grants under section 103 of the Clean Air Act the
    Administrator of the Environmental Protection Agency shall use
    appropriated funds no later than fiscal year 2000 to fund 100 percent
    of the cost of the establishment, purchase, operation and maintenance
    of a PM<INF>2.5</INF> monitoring network necessary to implement the
    national ambient air quality standards for PM<INF>2.5</INF> under
    section 109 of the Clean Air Act. This implementation shall not result
    in a diversion or reprogramming of funds from other Federal, State or
    local Clean Air Act activities. Any funds previously diverted or
    reprogrammed from section 105 Clean Air Act grants for PM<INF>2.5</INF>
    monitors must be restored to State or local air programs in fiscal year
    1999.
        (b) EPA and the States shall ensure that the national network
    (designated in subsection (a)) which consists of the PM<INF>2.5</INF>
    monitors necessary to implement the national ambient air quality
    standards is established by December 31, 1999.
        (c) The Governors shall be required to submit designations for each
    area following promulgation of the July 1997 PM<INF>2.5</INF> national
    ambient air quality standard within 1 year after receipt of 3 years of
    air quality monitoring data performed in accordance with any applicable
    Federal reference methods for the relevant areas. Only data from the
    monitoring network designated in subsection (a) and other Federal
    reference method PM<INF>2.5</INF> monitors shall be considered for such
    designations. In reviewing the State Implementation Plans the
    Administrator shall consider all relevant monitoring data regarding
    transport of PM<INF>2.5</INF>.
        (d) The Administrator shall promulgate designations of
    nonattainment areas no later than 1 year after the initial designations
    required under subsection (c) are required to be submitted.
    Notwithstanding the previous sentence, the Administrator shall
    promulgate such designations not later than December 31, 2005.
        (e) The Administrator shall conduct a field study of the ability of
    the PM<INF>2.5</INF> Federal Reference Method to differentiate those
    particles that are larger than 2.5 micrograms in diameter. This study
    shall be completed and provided to Congress no later than 2 years from
    the date of enactment of this legislation.

    SEC. 4103. OZONE DESIGNATION REQUIREMENTS.

        (a) The Governors shall be required to submit designations of
    nonattainment areas within 2 years following the promulgation of the
    July 1997 ozone national ambient air quality standards.
        (b) The Administrator shall promulgate final designations no later
    than 1 year after the designations required under subsection (a) are
    required to be submitted.

    SEC. 4104. ADDITIONAL PROVISIONS.

        Nothing in sections 4101-4103 shall be construed by the
    Administrator of Environmental Protection Agency or any court, State,
    or person to affect any pending litigation or to be a ratification of
    the ozone or PM<INF>2.5</INF> standards.

                             TITLE V--MASS TRANSIT

    SEC. 5001. SHORT TITLE.

        This title may be cited as the ``Federal Transit Act of 1998''.

    SEC. 5002. AUTHORIZATIONS.

        (a) In General.--Section 5338 of title 49, United States Code, is
    amended to read as follows:
    ``Sec. 5338. Authorizations
        ``(a) Sections 5303-5308, 5310, 5311, 5313, 5314, 5317, 5320,
    5320a, 5327, and 5334 (a) and (c).--
                ``(1) Mass transit account amounts.--Not more than the
            following amounts are available to the Secretary from the
            Account to carry out sections 5303 through 5308, 5310, 5311,
            5313, 5314, 5317, 5320, 5320a, 5327, and subsections (a) and
            (c) of section 5334:
                        ``(A) $2,698,790,000 for fiscal year 1998.
                        ``(B) $2,773,934,000 for fiscal year 1999.
                        ``(C) $2,849,079,000 for fiscal year 2000.
                        ``(D) $2,925,965,000 for fiscal year 2001.
                        ``(E) $3,004,667,000 for fiscal year 2002.
                        ``(F) $3,085,725,000 for fiscal year 2003.
                ``(2) Other amounts.--In addition to amounts made available
            under paragraph (1), not more than the following amounts may be
            appropriated to the Secretary to carry out section 5303 through
            5308, 5310, 5311, 5313, 5314, 5317, 5320, 5320a, 5327, and
            subsections (a) and (c) of section 5334:
                        ``(A) $738,000,000 for fiscal year 1998.
                        ``(B) $756,000,000 for fiscal year 1999.
                        ``(C) $774,000,000 for fiscal year 2000.
                        ``(D) $793,000,000 for fiscal year 2001.
                        ``(E) $812,000,000 for fiscal year 2002.
                        ``(F) $832,000,000 for fiscal year 2003.
        ``(b) Section 5309.--Not more than the following amounts are
    available to the Secretary from the Account to carry out section 5309:
                ``(1) $2,221,210,000 for fiscal year 1998.
                ``(2) $2,278,770,000 for fiscal year 1999.
                ``(3) $2,340,501,000 for fiscal year 2000.
                ``(4) $2,403,661,000 for fiscal year 2001.
                ``(5) $2,468,315,000 for fiscal year 2002.
                ``(6) $2,534,904,000 for fiscal year 2003.
        ``(c) Section 5315.--
                ``(1) In general.--The Secretary shall make available in
            equal amounts from amounts provided under paragraphs (3) and
            (4) of subsection (g) of this section, not more than $4,000,000
            for each of fiscal years 1998 through 2003, to carry out
            section 5315.
                ``(2) Workplace safety.--Not more than $1,000,000 shall be
            appropriated to the Secretary for each of fiscal years 1998
            through 2003, to carry out section 5315(a)(15).
        ``(d) Section 5316.--Not more than the following amounts may be
    appropriated to the Secretary from the Fund (other than from the
    Account) for each of fiscal years 1998 through 2003:
                ``(1) $250,000 to carry out section 5316(a).
                ``(2) $3,000,000 to carry out section 5316(b).
                ``(3) $1,000,000 to carry out section 5316(c).
                ``(4) $1,000,000 to carry out section 5316(d).
                ``(5) $1,000,000 to carry out section 5316(e).
        ``(e) Section 5317.--Not more than $6,000,000 is available to the
    Secretary from the Fund (other than from the Account) for each of
    fiscal years 1998 through 2003, to carry out section 5317.
        ``(f) Section 5307.--Amounts remaining available for each fiscal
    year under subsection (a) of this section, after allocation under
    subsections (g), (h), and (i)(2) of this section, are available to
    carry out section 5307.
        ``(g) Planning, Programming, and Research.--In each fiscal year,
    before apportioning amounts made available or appropriated under
    subsection (a) of this section, an amount equal to 3 percent of amounts
    made available or appropriated under subsections (a) and (b), less the
    amounts authorized for purposes of section 5320a, of this section is
    available as follows:
                ``(1) 45 percent for metropolitan planning activities under
            section 5303(g).
                ``(2) 5 percent to carry out section 5311(b)(2).
                ``(3) 20 percent to carry out State programs under section
            5313.
                ``(4) 30 percent to carry out the national program under
            section 5314.
        ``(h) Other Set-Asides.--In each fiscal year, before apportioning
    amounts made available or appropriated under subsection (a) of this
    section, of amounts made available or appropriated under subsections
    (a) and (b), less the amounts authorized for purposes of section 5320a,
    of this section--
                ``(1) not more than 0.96 percent is available for
            administrative expenses to carry out subsections (a) and (c)
            through (f) of section 5334;
                ``(2) not more than 1.34 percent is available for
            transportation services to elderly individuals and individuals
            with disabilities under the formula under section 5310(a); and
                ``(3) $6,000,000 is available to carry out section 5317 for
            each of fiscal years 1998 through 2003.
        ``(i) Limitations.--Of amounts made available--
                ``(1) under subsection (a)(2), less the amounts authorized
            for purposes of section 5320a, of this section--
                        ``(A) 3.5 percent may be used to finance programs
                    and activities, including administrative costs, under
                    section 5310;
                        ``(B) to finance research, development, and
                    demonstration projects under section 5312(a), 1.5
                    percent may be used to increase the information and
                    technology available to provide improved mass
                    transportation service and facilities planned and
                    designed to meet the special needs of elderly
                    individuals and individuals with disabilities; and
                        ``(C) not more than 12.5 percent may be used for
                    grants to any 1 State under section 5312(c)(2);
                ``(2) under subsection (a) of this section, less the
            amounts authorized for purposes of section 5320a, 5.5 percent
            of the amount remaining available each year, after allocation
            under subsections (g) and (h) of this section, is available
            under the formula under section 5311; and
                ``(3) under section 5309(m)(1)(C), the lesser of $3,000,000
            or an amount that the Secretary determines is necessary for
            each fiscal year is available to carry out section 5318 for
            each of fiscal years 1998 through 2003.
        ``(j) Grants as Contractual Obligations.--
                ``(1) Federal obligations.--A grant or contract approved by
            the Secretary that is financed with amounts made available
            under subsection (a)(1), (b), (c), (d), or (e) of this section,
            is a contractual obligation of the United States Government to
            pay the Government's share of the cost of the project.
                ``(2) Appropriations limitation.--A grant or contract
            approved by the Secretary that is financed with amounts made
            available under subsection (a)(2) of this section, is a
            contractual obligation of the United States Government to pay
            the Government's share of the cost of the project, only to the
            extent that amounts are provided in advance in an
            appropriations Act.
        ``(k) Early Appropriations and Availability of Amounts.--
                ``(1) Early appropriation.--Amounts appropriated under
            subsection (a)(2) of this section to carry out section 5311 may
            be appropriated in the fiscal year before the fiscal year in
            which the appropriation is available for obligation.
                ``(2) Availability of amounts.--Amounts made available or
            appropriated under subsections (a), (b), and (g), paragraphs
            (1) and (2) of subsection (h), and subsection (i)(2) of this
            section shall remain available until expended.
        ``(l) Section 5308.--In each fiscal year, before apportioning or
    allocating amounts made available or appropriated under subsections (a)
    and (b), of amounts made available or appropriated under subsections
    (a) or (b) of this section, not more than $200,000,000 is available to
    carry out section 5308, with $100,000,000 made available from amounts
    made available from amounts provided under subsection (a)(2) of this
    section and $100,000,000 made available from amounts provided under
    subsection (b) of this section.
        ``(m) Section 5320a.--In each fiscal year, before apportioning
    amounts made available or appropriated under subsection (a), of amounts
    appropriated under subsection (a)(2) of this section, not more than
    $250,000,000 is available to carry out section 5320a.
        ``(n) Transit Equity Program.--
                ``(1) In general.--The purpose of this subsection is to
            further the national interest by providing proportional
            increases in funding for national mass transit programs,
            commensurate with increases in national highway programs, in
            order to ensure balanced improvement in the national intermodal
            transportation system.
                ``(2) Funding.--There are authorized to be appropriated to
            carry out this subsection, from the General Fund of the
            Treasury of the United States, the following amounts:
                        ``(A) $1,000,000,000 for fiscal year 1999.
                        ``(B) $1,000,000,000 for fiscal year 2000.
                        ``(C) $1,000,000,000 for fiscal year 2001.
                        ``(D) $1,000,000,000 for fiscal year 2002.
                        ``(E) $1,000,000,000 for fiscal year 2003.
                ``(3) Eligible uses.--Amounts made available to carry out
            this subsection shall be available for capital projects
            eligible under sections 5307, 5309, 5310, and 5311, including
            meeting obligations of the United States associated with
            multiyear funding commitments, full funding grant agreements
            under section 5309, and innovative financing activities.
                ``(4) Contingent commitment authority.--Notwithstanding
            subsection (g)(4) of section 5309, the total estimated amount
            of future obligations of the Government and contingent
            commitments to incur obligations covered by all outstanding
            letters of intent and full financing grant agreements may be
            greater than the amounts authorized under subsection (b) of
            this section by an amount equal to not more than the amount
            authorized to be appropriated under paragraph (6) of this
            subsection as of the end of fiscal year 2003.
                ``(5) Fixed guideway modernization.--In addition to amounts
            authorized in section 5338(b), the following amounts are
            authorized to be appropriated to the Secretary, to be added to
            amounts allocated under section 5309(m)(1)(A) for fixed
            guideway modernization:
                        ``(A) $100,000,000 for fiscal year 1999.
                        ``(B) $100,000,000 for fiscal year 2000.
                        ``(C) $100,000,000 for fiscal year 2001.
                        ``(D) $100,000,000 for fiscal year 2002.
                        ``(E) $100,000,000 for fiscal year 2003.
                ``(6) Capital projects for fixed guideway systems.--
                        ``(A) In general.--In addition to amounts
                    authorized in under subsection (b) of this section, the
                    following amounts are authorized to be appropriated to
                    the Secretary, to be added to amounts allocated under
                    section 5309(m)(1)(B) for capital projects for new
                    fixed guideway systems and extensions to existing fixed
                    guideway systems:
                                ``(i) $470,000,000 for fiscal year 1999.
                                ``(ii) $470,000,000 for fiscal year 2000.
                                ``(iii) $470,000,000 for fiscal year 2001.
                                ``(iv) $470,000,000 for fiscal year 2002.
                                ``(v) $470,000,000 for fiscal year 2003.
                        ``(B) Ferry boat systems.--Not less than 2.8
                    percent of the amount made available under subparagraph
                    (A) in any fiscal year shall be available for capital
                    projects for existing and new fixed guideway systems
                    that are ferry boats, ferry terminal facilities, that
                    are approaches to ferry terminal facilities in the
                    noncontiguous States.
                ``(7) Buses and related equipment.--In addition to amounts
            authorized in section 5338(b), the following amounts are
            authorized to be appropriated to the Secretary, to be added to
            amounts allocated under section 5309(m)(1)(C) to replace,
            rehabilitate, and purchase buses and related equipment and to
            construct bus-related facilities:
                        ``(A) $80,000,000 for fiscal year 1999.
                        ``(B) $80,000,000 for fiscal year 2000.
                        ``(C) $80,000,000 for fiscal year 2001.
                        ``(D) $80,000,000 for fiscal year 2002.
                        ``(E) $80,000,000 for fiscal year 2003.
                ``(8) Urbanized areas; elderly individuals and disabled
            individuals.--
                        ``(A) In general.--In addition to amounts
                    authorized in section 5338(a) for activities under
                    sections 5307 and 5310, the following amounts are
                    authorized to be appropriated to the Secretary, to be
                    added to amounts made available for activities under
                    section 5307 for urbanized areas and for activities
                    under section 5310 for elderly individuals and
                    individuals with disabilities:
                                ``(i) $250,000,000 for fiscal year 1999.
                                ``(ii) $250,000,000 for fiscal year 2000.
                                ``(iii) $250,000,000 for fiscal year 2001.
                                ``(iv) $250,000,000 for fiscal year 2002.
                                ``(v) $250,000,000 for fiscal year 2003.
                        ``(B) Allocation.--Of the amount appropriated under
                    this paragraph for each fiscal year--
                                ``(i) 97 percent is available for
                            activities under section 5307; and
                                ``(ii) 3 percent is available for
                            activities under section 5310.
                ``(9) Other than urbanized areas.--In addition to amounts
            authorized in section 5338(a) for areas other than urbanized
            areas, the following amounts are authorized to be appropriated
            to the Secretary, to be added to amounts made available for
            assistance for areas other than urbanized areas under section
            5311:
                        ``(A) $100,000,000 for fiscal year 1999.
                        ``(B) $100,000,000 for fiscal year 2000.
                        ``(C) $100,000,000 for fiscal year 2001.
                        ``(D) $100,000,000 for fiscal year 2002.
                        ``(E) $100,000,000 for fiscal year 2003.
        ``(o) Definitions.--In this section--
                ``(1) the term `Account' means the Mass Transit Account of
            the Highway Trust Fund;
                ``(2) the term `Fund' means the Highway Trust Fund
            established under section 9503 of the Internal Revenue Code of
            1986; and
                ``(3) the term `Secretary' means the Secretary of
            Transportation.''.
        (b) Work Agreements as Obligations.--
                Section 5309(g)(3)(B) of title 49, United States Code, is
            amended by adding at the end the following: ``The work
            agreement shall state that the work agreement is not an
            obligation of the Government.''.
        (c) Technical and Conforming Amendments.--Chapter 53 of title 49,
    United States Code, is amended--
                (1) in section 5318(d), by striking ``5338(j)(5)'' and
            inserting ``5338(i)(3)''; and
                (2) in section 5333(b)(1), by striking ``5338(j)(5)'' each
            place that term appears and inserting ``5338(i)(3)''.

    SEC. 5003. CAPITAL PROJECTS AND SMALL AREA FLEXIBILITY.

        (a) In General.--Section 5302 of title 49, United States Code, is
    amended--
                (1) in subsection (a)(1)--
                        (A) in subparagraph (A), by inserting ``intelligent
                    transportation systems,'' after ``rights agreements,'';
                        (B) in subparagraph (C), by striking ``or'' at the
                    end;
                        (C) in subparagraph (D), by striking the period at
                    the end and inserting a semicolon; and
                        (D) by adding at the end the following:
                        ``(E) preventive maintenance;
                        ``(F) the leasing of equipment and facilities for
                    use in mass transportation;
                        ``(G) the introduction of new technology, through
                    innovative and improved products, into mass
                    transportation; or
                        ``(H) a mass transportation improvement that
                    enhances economic development or incorporates private
                    investment, including commercial and residential
                    development, pedestrian and bicycle access to a mass
                    transportation facility, and the renovation and
                    improvement of historic transportation facilities,
                    because the improvement--
                                ``(i) enhances the effectiveness of a mass
                            transportation project and is related
                            physically or functionally to that mass
                            transportation project or establishes new or
                            enhanced coordination between mass
                            transportation and other transportation;
                                ``(ii) provides a fair share of revenue for
                            mass transportation that will be used for mass
                            transportation; and
                                ``(iii) provides nonfixed route paratransit
                            transportation services in accordance with
                            section 223 of the Americans with Disabilities
                            Act of 1990 (42 U.S.C. 12143);''; and
                (2) by adding at the end the following:
        ``(c) Eligible Costs of Projects That Enhance Urban Economic
    Development or Incorporate Private Investment.--Eligible costs for a
    capital project described in subsection (a)(1)(H)--
                ``(1) include property acquisition, demolition of existing
            structures, site preparation, utilities, building foundations,
            walkways, open space, safety elements (such as lighting,
            surveillance, and community police and security services) that
            protect a transit project eligible under this chapter, and a
            capital project for, and improving, equipment or a facility for
            an intermodal transfer facility or transportation mall; and
                ``(2) do not include construction of a commercial revenue-
            producing facility or a part of a public facility not related
            to mass transportation, except that, if such facilities
            incorporate community services such as daycare, health care,
            and public safety, the portion of the facilities related to
            such community services are eligible costs under this
            chapter.''.
        (b) Small Area Flexibility.--Section 5307(b)(1) of title 49, United
    States Code, is amended by adding at the end the following: ``The
    Secretary may also make grants under this section to finance the
    operating cost of equipment and facilities for use in mass
    transportation in an urbanized area with a population of less than
    200,000.''.
        (c) Discretionary Grants and Loans.--Section 5309 of title 49,
    United States Code, is amended--
                (1) in subsection (a)(1)--
                        (A) by striking subparagraphs (D) and (E); and
                        (B) by redesignating subparagraphs (F) and (G) as
                    subparagraphs (D) and (E), respectively; and
                (2) in subsection (f)--
                        (A) by striking ``(f)'' and all that follows
                    through ``(1) Each'' and inserting the following:
        ``(f) Required Payments.--Each''; and
                        (B) by striking paragraph (2).

    SEC. 5004. METROPOLITAN PLANNING.

        (a) In General.--Section 5303 of title 49, United States Code, is
    amended--
                (1) by striking subsections (a) and (b) and inserting the
            following:
        ``(a) Development Requirements.--
                ``(1) In general.--To carry out section 5301(a),
            metropolitan planning organizations designated under subsection
            (c) of this section, in cooperation with the States and mass
            transportation operators, shall develop transportation plans
            and programs for urbanized areas of the State.
                ``(2) Plan contents.--The plans and programs developed
            under paragraph (1) for each metropolitan area shall provide
            for the development and integrated management and operation of
            transportation systems and facilities (including pedestrian
            walkways and bicycle transportation facilities) that will
            function as an intermodal transportation system for the
            metropolitan area and as an integral part of an intermodal
            transportation system for the State and the United States.
                ``(3) Development process.--The development process for the
            plans and programs shall provide for consideration of all modes
            of transportation and shall be continuing, cooperative, and
            comprehensive to the degree appropriate, based on the
            complexity of the transportation problems to be addressed.
        ``(b) Scope of Planning Process.--
                ``(1) In general.--The metropolitan transportation planning
            process for a metropolitan area under this section and sections
            5304 through 5306 shall provide for consideration of--
                        ``(A) supporting the economic vitality of the
                    metropolitan area, especially by enabling global
                    competitiveness, productivity, and efficiency;
                        ``(B) increasing the safety and security of the
                    transportation system for motorized and nonmotorized
                    users;
                        ``(C) increasing the accessibility and mobility
                    options available to people and for freight;
                        ``(D) protecting and enhancing the environment,
                    promoting energy conservation and improved quality of
                    life, and coordinating land-use and transportation
                    plans and programs;
                        ``(E) enhancing the integration and connectivity of
                    the transportation system, across and between modes,
                    for people and freight;
                        ``(F) promoting efficient system management and
                    operation; and
                        ``(G) emphasizing the preservation of the existing
                    transportation system.
                ``(2) Goals.--In cooperation with the State and mass
            transportation operators, and with opportunity for public
            review and comment, the metropolitan planning organization
            shall establish goals that relate to the factors described in
            paragraph (1), and propose projects, programs, and strategies
            to achieve those goals.'';
                (2) in subsection (c)--
                        (A) in paragraph (1), by striking subparagraph (A)
                    and inserting the following:
                ``(A) by agreement between the chief executive officer of
            the State and units of general purpose local government that
            together represent not less than 60 percent of the affected
            population (including the central city, as defined by the
            Bureau of the Census) and 60 percent of such units of
            government; or'';
                        (B) in paragraph (2)--
                                (i) by striking ``In a metropolitan area''
                            and all that follows through ``shall include''
                            and inserting ``Each policy board of a
                            metropolitan planning organization that serves
                            an area designated as a transportation
                            management area when designated or redesignated
                            under this subsection shall consist of''; and
                                (ii) by striking ``officials of
                            authorities'' and inserting ``officials of
                            public agencies'';
                        (C) in paragraph (3), by striking ``in an urbanized
                    area'' and all that follows through ``officer decides''
                    and inserting ``within an existing metropolitan
                    planning area only if the chief executive officer of
                    the State and the existing metropolitan organization
                    determine''; and
                        (D) in paragraph (5)--
                                (i) in subparagraph (A)--
                                        (I) by striking ``75'' and
                                    inserting ``60''; and
                                        (II) by striking ``as defined by
                                    the Secretary of Commerce)'' and
                                    inserting ``or cities, as defined by
                                    the Bureau of the Census) and 60
                                    percent of such units of government'';
                                    and
                                (ii) by adding at the end the following:
        ``(D) Designations of metropolitan planning organizations, whether
    made under this section or under any other provision of law, shall
    remain in effect until redesignation under this paragraph.'';
                (3) in subsection (d)--
                        (A) by inserting ``(1)'' before ``To carry out this
                    section'';
                        (B) by striking ``Secretary of Commerce'' and
                    inserting ``Bureau of the Census'';
                        (C) by inserting ``in existence as of the date of
                    enactment of the Intermodal Surface Transportation
                    Efficiency Act of 1998'' after ``at least the
                    boundaries of the nonattainment area'';
                        (D) by inserting ``, in the manner described in
                    subsection (c)(5)'' before the period at the end; and
                        (E) by adding at the end the following:
        ``(2) In the case of an urbanized area classified as a
    nonattainment area for ozone or carbon monoxide under the Clean Air Act
    (42 U.S.C. 7401 et seq.) after the date of enactment of the Intermodal
    Surface Transportation Efficiency Act of 1998--
                ``(A) the boundaries of the metropolitan planning area
            shall be established by agreement between the appropriate units
            of general purpose local government (including the central
            city) and the chief executive officer of the State; and
                ``(B) the area shall include at least the urbanized area
            and the contiguous area expected to become urbanized within the
            20-year forecast period, and may include the Metropolitan
            Statistical Area or Consolidated Metropolitan Statistical Area,
            as determined by the Bureau of the Census, and any area
            identified as a nonattainment area for ozone or carbon monoxide
            under the Clean Air Act (42 U.S.C. 7401 et seq.).'';
                (4) in subsection (e)--
                        (A) in paragraph (2)--
                                (i) by inserting ``or compact'' after
                            ``agreement'' the first place that term
                            appears''; and
                                (ii) by striking ``making the agreement
                            effective'' and inserting ``making the
                            agreements and compacts effective''; and
                        (B) by adding at the end the following:
        ``(4) To the maximum extent practicable, each metropolitan planning
    organization shall coordinate with governmental agencies and nonprofit
    organizations operating within an existing metropolitan planning area
    that receive assistance from governmental sources (other than the
    Department of Transportation) to provide nonemergency transportation
    services. Such governmental agencies and nonprofit organizations shall
    participate and coordinate with recipients of assistance under this
    chapter in the design and delivery of transportation services. The
    purpose of such coordination is to maximize the efficient use of
    resources and to integrate all such services to ensure accessibility
    and mobility.''; and
                (5) in subsection (f)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A), by striking
                            ``United States and regional functions'' and
                            inserting ``national, regional, and
                            metropolitan transportation functions'';
                                (ii) in subparagraph (B), by striking
                            clause (iii) and inserting the following:
                        ``(iii) recommends any additional financing
                    strategies for needed projects and programs;''; and
                                (iii) by striking subparagraph (C) and
                            inserting the following:
                ``(C) identify transportation strategies necessary--
                        ``(i) to ensure preservation, including
                    requirements for management, operation, modernization,
                    and rehabilitation, of the existing and future
                    transportation system; and
                        ``(ii) to use existing transportation facilities
                    most efficiently to relieve congestion, to efficiently
                    serve the mobility needs of people and goods, and to
                    enhance access within the metropolitan planning area;
                    and'';
                        (B) in paragraph (2), by striking ``as they are
                    related to a 20-year forecast period'' and inserting
                    ``and any State or local goals developed within the
                    cooperative metropolitan planning process as they
                    relate to a 20-year forecast period and to other
                    forecast periods as determined by the participants in
                    the planning process. In developing long-range plans,
                    the metropolitan planning organization shall take into
                    account the impact of all transportation projects and
                    development plans that will affect the transportation
                    system in the metropolitan area, without regard to
                    whether such projects are financed with Federal
                    funds'';
                        (C) in paragraph (4), by inserting ``freight
                    shippers,'' after ``employees,''; and
                        (D) in paragraph (5)(A), by inserting ``published
                    or otherwise'' before ``made readily available''.
        (b) Metropolitan Transportation Improvement Program.--Section 5304
    of title 49, United States Code, is amended--
                (1) in subsection (a), in the second sentence, by striking
            ``the organization'' and inserting ``the metropolitan planning
            organization, in cooperation with the chief executive officer
            of the State and any affected mass transportation operator,'';
                (2) in subsection (b)(2), by striking subparagraph (C) and
            inserting the following:
                        ``(C) identifies innovative financing techniques to
                    finance projects, programs, and strategies.''; and
                (3) in subsection (c)--
                        (A) in paragraph (1), by inserting ``and the
                    designated recipient under this chapter'' after
                    ``metropolitan planning organization''; and
                        (B) by adding at the end the following:
        ``(3) Notwithstanding any other provision of law, action by the
    Secretary shall not be required to advance a project included in the
    approved transportation improvement program in place of another project
    of higher priority in the program, except where the project is relevant
    to conformity with the Clean Air Act (42 U.S.C. 7401 et seq.).
        ``(4) A transportation improvement program and the annual selection
    of projects involving Government participation shall be published or
    otherwise made readily available for public review, identifying
    federally funded projects, and the estimated costs and locations of
    those projects.
        ``(5) Regionally significant projects proposed for funding under
    chapter 2 of title 23 shall be identified individually in the
    transportation improvement program. All other projects funded under
    chapter 2 of title 23 shall be grouped in 1 line item or identified
    individually in the transportation improvement program.''.
        (c) Transportation Management Areas.--Section 5305 of title 49,
    United States Code, is amended--
                (1) in subsection (a), by striking paragraph (2) and
            inserting the following:
                ``(2) any other area, if requested by the chief executive
            officer and the metropolitan planning organization designated
            for the area.'';
                (2) in subsection (b), by inserting ``affected'' before
            ``mass transportation operators'';
                (3) in subsection (c), by striking ``The Secretary'' and
            all that follows through the final period;
                (4) in subsection (d)(1)(A)--
                        (A) by inserting ``and any affected mass
                    transportation operator'' after ``the State''; and
                        (B) by striking ``or under the Bridge and
                    Interstate Maintenance programs'';
                (5) in subsection (d)(1)(B), by striking ``or under the
            Bridge and Interstate Maintenance programs''; and
                (6) in subsection (e), by striking paragraph (2) and
            inserting the following:
        ``(2)(A) If a metropolitan planning process is not certified or is
    certified conditionally, the Secretary may withhold not more than 20
    percent of the apportioned funds attributable to the transportation
    management area under this chapter and title 23, or may establish such
    other conditions as the Secretary determines to be appropriate.
        ``(B) Any apportionments withheld under subparagraph (A) shall be
    restored to the metropolitan area at such time as the metropolitan
    planning organization is certified by the Secretary.''.
        (d) Statewide Planning.--
                (1) In general.--Chapter 53 of title 49, United States
            Code, is amended by inserting after section 5305 the following:
    ``Sec. 5305a. Statewide planning
        ``(a) Development Requirements.--
                ``(1) In general.--To carry out sections 5303 through 5305
            of this chapter and section 134 of title 23, each State shall
            develop transportation plans and programs for all areas of the
            State, which shall provide for the development and integrated
            management and operation of transportation systems (including
            pedestrian walkways and bicycle transportation facilities) that
            will function as an intermodal State transportation system and
            an integral part of the intermodal transportation system of the
            United States.
                ``(2) Specific requirements.--The development of the plans
            and programs under paragraph (1) shall--
                        ``(A) provide for consideration of all modes of
                    transportation; and
                        ``(B) be continuing, cooperative, and comprehensive
                    to the degree appropriate, based on the complexity of
                    the transportation problems to be addressed.
        ``(b) Scope of Planning Process.--
                ``(1) In general.--Each State shall carry out a
            transportation planning process under this section, which shall
            provide for consideration of--
                        ``(A) supporting the economic vitality of the
                    metropolitan area, especially by enabling global
                    competitiveness, productivity, and efficiency;
                        ``(B) increasing the safety and security of the
                    transportation system for motorized and nonmotorized
                    users;
                        ``(C) increasing the accessibility and mobility
                    options available to people and for freight;
                        ``(D) protecting and enhancing the environment,
                    promoting energy conservation and improved quality of
                    life, and coordinating land-use and transportation
                    plans and programs;
                        ``(E) enhancing the integration and connectivity of
                    the transportation system, across and between modes,
                    for people and freight;
                        ``(F) promoting efficient system management and
                    operation; and
                        ``(G) emphasizing the preservation of the existing
                    transportation system.
                ``(2) Goals.--In cooperation with the metropolitan planning
            organization and mass transportation operators, and with
            opportunity for public review and comment, the State shall
            establish goals that relate to the factors described in
            paragraph (1), and propose projects, programs, and strategies
            to achieve those goals.
        ``(c) Coordination With Metropolitan Planning; State Implementation
    Plan.--
                ``(1) In general.--In carrying out the planning under this
            section, a State shall--
                        ``(A) coordinate the planning with the
                    transportation planning activities carried out under
                    sections 5303 through 5305 of this chapter and section
                    134 of title 23, for metropolitan areas of the State;
                        ``(B) carry out the responsibilities of the State
                    for the development of the transportation portion of
                    the State air quality implementation plan, to the
                    extent required by the Clean Air Act (42 U.S.C. 7401 et
                    seq.); and
                        ``(C) to the maximum extent practicable, coordinate
                    with all other governmental agencies and nonprofit
                    organizations operating within the State planning area
                    that receive assistance from governmental sources
                    (other than the Department of Transportation) to
                    provide nonemergency transportation services.
                ``(2) Participation.--The governmental agencies and
            nonprofit organizations described in paragraph (1)(C) shall
            participate and coordinate with recipients of assistance under
            this chapter in the design and delivery of transportation
            services.
                ``(3) Purpose of coordination.--The purpose of coordination
            under this subsection is to maximize the efficient use of
            resources and to integrate all such services to ensure
            accessibility and mobility.
        ``(d) Additional Requirements.--In carrying out planning under this
    section, each State shall, at a minimum, consider--
                ``(1) with respect to nonmetropolitan areas, the concerns
            of local elected officials representing units of general
            purpose local government;
                ``(2) the concerns of Indian tribal governments and Federal
            land management agencies that have jurisdiction over land
            within the boundaries of the State; and
                ``(3) coordination of transportation plans, programs, and
            planning activities with related planning activities being
            carried out outside of metropolitan planning areas.
        ``(e) Long-Range Transportation Plan.--
                ``(1) In general.--Each State shall develop a long-range
            transportation plan, with a minimum 20-year forecast period,
            for all areas of the State, that provides for the development
            and implementation of the intermodal transportation system of
            the State.
                ``(2) Cooperation.--With respect to each metropolitan area
            in the State, the long-range transportation plan referred to in
            paragraph (1) shall be developed in cooperation with the
            metropolitan planning organization designated for the
            metropolitan area under section 5303 and section 134 of title
            23. With respect to each nonmetropolitan area, the long-range
            transportation plan shall be developed in consultation with
            local elected officials representing units of general purpose
            local government. With respect to each area of the State under
            the jurisdiction of an Indian tribal government, the long-range
            transportation plan shall be developed in consultation with the
            tribal government and the Secretary of the Interior.
                ``(3) Opportunity for comment.--In developing the long-
            range transportation plan under this subsection, the State
            shall provide citizens, affected public agencies,
            representatives of transportation authority employees, other
            affected employee representatives, freight shippers, private
            providers of transportation, and other interested parties with
            a reasonable opportunity to comment on the proposed plan.
                ``(4) Transportation strategies.--The long-range
            transportation plan developed under this subsection shall
            identify transportation strategies necessary to efficiently
            serve the mobility needs of individuals.
        ``(f) State Transportation Improvement Program.--
                ``(1) In general.--The State shall develop a transportation
            improvement program for all areas of the State.
                ``(2) Cooperation.--With respect to each metropolitan area
            in the State, the transportation improvement program under this
            subsection shall be developed in cooperation with the
            metropolitan planning organization designated for the
            metropolitan area under section 5303 and section 134 of title
            23. With respect to each nonmetropolitan area, the program
            shall be developed in consultation with local elected officials
            representing units of general purpose local government. With
            respect to each area of the State under the jurisdiction of an
            Indian tribal government, the program shall be developed in
            consultation with the tribal government and the Secretary of
            the Interior.
                ``(3) Opportunity for comment.--In developing the
            transportation improvement program under this subsection, the
            State shall provide citizens, affected public agencies,
            representatives of transportation authority employees, other
            affected employee representatives, freight shippers, private
            providers of transportation, and other interested parties with
            a reasonable opportunity to comment on the proposed program.
                ``(4) Required information.--A transportation improvement
            program developed for a State under this subsection shall
            include federally supported surface transportation expenditures
            within the boundaries of the State. Regionally significant
            projects proposed for funding under chapter 2 of title 23 shall
            be identified individually. All other projects funded under
            chapter 2 of title 23 shall be grouped in 1 line item or
            identified individually in the transportation improvement
            program.
                ``(5) Specific requirements.--Each project shall--
                        ``(A) be consistent with the long-range
                    transportation plan developed under this section for
                    the State;
                        ``(B) be identical to the project described in an
                    approved metropolitan transportation improvement
                    program; and
                        ``(C) be in conformance with the applicable State
                    air quality implementation plan developed under the
                    Clean Air Act (42 U.S.C. 7401 et seq.), if the project
                    is carried out in an area designated as nonattainment
                    for ozone or carbon monoxide under that Act.
                ``(6) Projects.--The transportation improvement program
            developed under this subsection shall include a project, or an
            identified phase of a project, only if full funding can
            reasonably be anticipated to be available for the project
            within the time period contemplated for completion of the
            project.
                ``(7) Priorities.--The transportation improvement program
            developed under this subsection shall reflect the priorities
            for programming and expenditures of funds, including
            transportation enhancements, required by this chapter.
                ``(8) Small areas.--Projects carried out in areas with
            populations of less than 50,000--
                        ``(A) excluding projects carried out on the
                    National Highway System, shall be selected from the
                    approved statewide transportation improvement program
                    by the State in cooperation with the affected local
                    officials; and
                        ``(B) on the National Highway System, shall be
                    selected from the approved statewide transportation
                    improvement program by the State, in consultation with
                    the affected local officials.
                ``(9) Review.--A transportation improvement program
            developed under this subsection shall be reviewed and, on a
            finding that the planning process through which the program was
            developed is consistent with this section and section 5303,
            approved not less frequently than biennially by the Secretary.
            Notwithstanding any other provision of law, action by the
            Secretary shall not be required to advance a project included
            in the approved statewide transportation improvement program in
            place of another project of higher priority in the program,
            except where the project is relevant to conformity with the
            Clean Air Act (42 U.S.C. 7401 et seq.).
        ``(g) Available Funds.--Amounts set aside under section 5313(b) of
    this chapter and section 505 of title 23 shall be available to carry
    out this section.''.
                (2) Conforming amendment.--The analysis for chapter 53 of
            title 49, United States Code, is amended by inserting after the
            item relating to section 5305 the following:

        ``5305a.  Statewide planning.''.

    SEC. 5005. METROPOLITAN PLANNING ORGANIZATIONS.

        Section 5303(c)(2) of title 49, United States Code, is amended by
    striking ``and appropriate State officials'' and inserting
    ``appropriate State officials, and a representative of the users of
    public transit''.

    SEC. 5006. FARE BOX REVENUES.

        (a) Block Grants.--Section 5307(e) of title 49, United States Code,
    is amended--
                (1) in the first sentence, by striking ``A grant of'' and
            inserting the following:
                ``(1) In general.--A grant of'';
                (2) in the fourth sentence, by striking ``or revenues
            from'' and all that follows through ``1985)'';
                (3) in the last sentence, by inserting ``proceeds from a
            local issuance of debt,'' after ``cash fund or reserve,''; and
                (4) by adding at the end the following:
                ``(2) Maintenance of effort.--The credit given for the use
            of proceeds from a local issuance of debt in meeting the non-
            Federal share under paragraph (1) shall not reduce or replace
            State monies required to match Federal funds for any program
            pursuant to this chapter. In receiving a credit for non-Federal
            capital expenditures under this section, a State shall enter
            into such agreements as the Secretary may require to ensure
            that the State will maintain its non-Federal transportation
            capital expenditures at or above the average level of such
            expenditures for the preceding 3 fiscal years.''.
        (b) Discretionary Grants and Loans.--Section 5309(h) of title 49,
    United States Code, is amended in the fourth sentence, by inserting
    ``proceeds from a local issuance of debt,'' after ``cash fund or
    reserve.''.

    SEC. 5007. CLEAN FUELS FORMULA GRANT PROGRAM.

        (a) In General.--Section 5308 of title 49, United States Code, is
    amended to read as follows:
    ``Sec. 5308. Clean fuels formula grant program
        ``(a) Definitions.--In this section--
                ``(1) the term `designated recipient' has the same meaning
            as in section 5307(a);
                ``(2) the term `eligible project'--
                        ``(A) means a project for the--
                                ``(i) purchase or lease of clean fuel
                            vehicles or hybrid transit vehicles, including
                            clean fuel vehicles that employ a lightweight
                            composite primary structure;
                                ``(ii) construction or leasing of clean
                            fuel vehicle fueling or electrical recharging
                            facilities and related equipment;
                                ``(iii) improvement of existing transit
                            facilities to accommodate clean fuel vehicles;
                            or
                                ``(iv) incremental costs of biodiesel fuel;
                            and
                        ``(B) in the discretion of the Secretary, may
                    include projects relating to clean fuel, biodiesel,
                    hybrid electric, or zero emissions technology vehicles
                    that exhibit equivalent or superior emissions
                    reductions to existing clean fuel or hybrid electric
                    technologies; and
                ``(3) the term `Secretary' means the Secretary of
            Transportation.
        ``(b) Authority.--The Secretary shall make grants in accordance
    with this section to designated recipients to finance eligible
    projects.
        ``(c) Application.--Not later than January 1 of each year, any
    designated recipient seeking to apply for a grant under this section
    for an eligible project shall submit an application to the Secretary,
    in such form and in accordance with such requirements as the Secretary
    shall establish by regulation.
        ``(d) Apportionment of Funds.--
                ``(1) Formula.--Not later than February 1 of each year, the
            Secretary shall apportion amounts made available under this
            section to designated recipients submitting applications under
            subsection (c) in accordance with the following:
                        ``(A) Two-thirds of the amount made available under
                    this section shall be apportioned to designated
                    recipients with eligible projects in urban areas with a
                    population of not less than 1,000,000 as follows:
                                ``(i) 50 percent shall be apportioned, such
                            that each such designated recipient receives a
                            grant in an amount equal to the ratio between--
                                        ``(I) the number of vehicles in the
                                    bus fleet of the eligible project of
                                    the designated recipient, weighted by
                                    severity of nonattainment for the area
                                    in which the eligible project is
                                    located, as provided in paragraph (2);
                                    and
                                        ``(II) the total number of vehicles
                                    in the bus fleets of all eligible
                                    projects in areas with a population of
                                    not less than 1,000,000 funded under
                                    this section, weighted by severity of
                                    nonattainment for all areas in which
                                    those eligible projects are located, as
                                    provided in paragraph (2).
                                ``(ii) 50 percent of the amount made
                            available under this section shall be
                            apportioned, such that each such designated
                            recipient receives a grant in an amount equal
                            to the ratio between--
                                        ``(I) the number of bus passenger
                                    miles (as that term is defined in
                                    section 5336(c)) of the eligible
                                    project of the designated recipient,
                                    weighted by severity of nonattainment
                                    of the area in which the eligible
                                    project is located, as provided in
                                    paragraph (2); and
                                        ``(II) the total number of bus
                                    passenger miles of all eligible
                                    projects in areas with a population of
                                    not less than 1,000,000 funded under
                                    this section, weighted by severity of
                                    nonattainment of all areas in which
                                    those eligible projects are located, as
                                    provided in paragraph (2).
                        ``(B) One-third of the amount made available under
                    this section shall be apportioned to designated
                    recipients with eligible projects in urban areas with a
                    population of less than 1,000,000 as follows:
                                ``(i) 50 percent shall be apportioned, such
                            that each such designated recipient receives a
                            grant in an amount equal to the ratio between--
                                        ``(I) the number of vehicles in the
                                    bus fleet of the eligible project of
                                    the designated recipient, weighted by
                                    severity of nonattainment for the area
                                    in which the eligible project is
                                    located, as provided in paragraph (2);
                                    and
                                        ``(II) the total number of vehicles
                                    in the bus fleets of all eligible
                                    projects in areas with a population of
                                    less than 1,000,000 funded under this
                                    section, weighted by severity of
                                    nonattainment for all areas in which
                                    those eligible projects are located, as
                                    provided in paragraph (2).
                                ``(ii) 50 percent of the amount made
                            available under this section shall be
                            apportioned, such that each such designated
                            recipient receives a grant in an amount equal
                            to the ratio between--
                                        ``(I) the number of bus passenger
                                    miles (as that term is defined in
                                    section 5336(c)) of the eligible
                                    project of the designated recipient,
                                    weighted by severity of nonattainment
                                    of the area in which the eligible
                                    project is located, as provided in
                                    paragraph (2); and
                                        ``(II) the total number of bus
                                    passenger miles of all eligible
                                    projects in areas with a population of
                                    less than 1,000,000 funded under this
                                    section, weighted by severity of
                                    nonattainment of all areas in which
                                    those eligible projects are located, as
                                    provided in paragraph (2).
                ``(2) Weighting of severity of nonattainment.--
                        ``(A) In general.--For purposes of paragraph (1),
                    subject to subparagraph (B) of this paragraph, the
                    number of clean fuel vehicles in the fleet, or the
                    number of passenger miles, shall be multiplied by a
                    factor of--
                                ``(i) 1.0 if, at the time of the
                            apportionment, the area is a maintenance area
                            (as that term is defined in section 101 of
                            title 23) for ozone or carbon monoxide;
                                ``(ii) 1.1 if, at the time of the
                            apportionment, the area is classified as--
                                        ``(I) a marginal ozone
                                    nonattainment area under subpart 2 of
                                    part D of title I of the Clean Air Act
                                    (42 U.S.C. 7511 et seq.); or
                                        ``(II) a marginal carbon monoxide
                                    nonattainment area under subpart 3 of
                                    part D of title I of that Act (42
                                    U.S.C. 7512 et seq.);
                                ``(iii) 1.2 if, at the time of the
                            apportionment, the area is classified as--
                                        ``(I) a moderate ozone
                                    nonattainment area under subpart 2 of
                                    part D of title I of the Clean Air Act
                                    (42 U.S.C. 7511 et seq.); or
                                        ``(II) a moderate carbon monoxide
                                    nonattainment area under subpart 3 of
                                    part D of title I of that Act (42
                                    U.S.C. 7512 et seq.);
                                ``(iv) 1.3 if, at the time of the
                            apportionment, the area is classified as--
                                        ``(I) a serious ozone nonattainment
                                    area under subpart 2 of part D of title
                                    I of the Clean Air Act (42 U.S.C. 7511
                                    et seq.); or
                                        ``(II) a serious carbon monoxide
                                    nonattainment area under subpart 3 of
                                    part D of title I of that Act (42
                                    U.S.C. 7512 et seq.);
                                ``(v) 1.4 if, at the time of the
                            apportionment, the area is classified as--
                                        ``(I) a severe ozone nonattainment
                                    area under subpart 2 of part D of title
                                    I of the Clean Air Act (42 U.S.C. 7511
                                    et seq.); or
                                        ``(II) a severe carbon monoxide
                                    nonattainment area under subpart 3 of
                                    part D of title I of that Act (42
                                    U.S.C. 7512 et seq.); or
                                ``(vi) 1.5 if, at the time of the
                            apportionment, the area is classified as--
                                        ``(I) an extreme ozone
                                    nonattainment area under subpart 2 of
                                    part D of title I of the Clean Air Act
                                    (42 U.S.C. 7511 et seq.); or
                                        ``(II) an extreme carbon monoxide
                                    nonattainment area under subpart 3 of
                                    part D of title I of that Act (42
                                    U.S.C. 7512 et seq.).
                        ``(B) Additional adjustment for carbon monoxide
                    areas.--If, in addition to being classified as a
                    nonattainment or maintenance area (as that term is
                    defined in section 101 of title 23) for ozone under
                    subpart 2 of part D of title I of the Clean Air Act (42
                    U.S.C. 7511 et seq.), the area was also classified
                    under subpart 3 of part D of title I of that Act (42
                    U.S.C. 7512 et seq.) as a nonattainment area for carbon
                    monoxide, the weighted nonattainment or maintenance
                    area fleet and passenger miles for the eligible
                    project, as calculated under subparagraph (A), shall be
                    further multiplied by a factor of 1.2.
                ``(3) Maximum grant amount.--
                        ``(A) In general.--The amount of a grant made to a
                    designated recipient under this section shall not
                    exceed the lesser of--
                                ``(i) for an eligible project in an area--
                                        ``(I) with a population of less
                                    than 1,000,000, $15,000,000; and
                                        ``(II) with a population of not
                                    less than 1,000,000, $25,000,000; or
                                ``(ii) 80 percent of the total cost of the
                            eligible project.
                        ``(B) Reapportionment.--Any amounts that would
                    otherwise be apportioned to a designated recipient
                    under this subsection that exceed the amount described
                    in subparagraph (A) shall be reapportioned among other
                    designated recipients in accordance with paragraph (1).
        ``(e) Authorization.--
                ``(1) In general.--Subject to paragraph (2), in each fiscal
            year, $200,000,000 shall be made available or appropriated
            under subsections (a) and (b) of section 5338 to carry out this
            section.
                ``(2) Additional requirement.--Notwithstanding any other
            provision of this section, not less than 5 percent of the
            amount apportioned under this section in each fiscal year shall
            be apportioned to fund any eligible projects, for which an
            application is received from a designated recipient in
            accordance with subsection (a), for--
                        ``(A) the purchase or construction of hybrid
                    electric or battery-powered buses; or
                        ``(B) facilities specifically designed to service
                    those buses.
        ``(f) Availability of Funds.--Any amount made available or
    appropriated under this section--
                ``(1) shall remain available for 1 year after the fiscal
            year for which the amount is made available or appropriated;
            and
                ``(2) that remains unobligated at the end of the period
            described in paragraph (1), shall be added to the amount made
            available in the following fiscal year.''.
        (b) Definition of Clean Fuel Vehicle.--Section 5302(a) of title 49,
    United States Code, is amended--
                (1) in each of paragraphs (2) through (12), by striking the
            period at the end and inserting a semicolon;
                (2) in paragraph (13), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                ``(14) `clean fuel vehicle' means a vehicle powered by
            compressed natural gas, liquefied natural gas, biodiesel fuels,
            batteries, alcohol-based fuels, or hybrid electric, fuel cell,
            or other zero emissions technology.''.
        (c) Clerical Amendment.--The analysis for chapter 53 of title 49,
    United States Code, is amended by striking the item relating to section
    5308 and inserting the following:

    ``5308. Clean fuels formula grant program.''.

    SEC. 5008. CAPITAL INVESTMENT GRANTS AND LOANS.

        (a) In General.--Section 5309 of title 49, United States Code, is
    amended in the section heading, by striking ``Discretionary'' and
    inserting ``Capital investment''.
        (b) Allocating Amounts.--Section 5309(m)(1) of title 49, United
    States Code, is amended by striking ``Of the amounts available for
    grants and loans under this section for each of the fiscal years ending
    September 30, 1993-1997'' and inserting ``After apportioning amounts
    for the purposes of section 5308, of the amounts available for grants
    and loans under this section for each of fiscal years 1993 through
    2003''.
        (c) Conforming Amendment.--The analysis for chapter 53 of title 49,
    United States Code, is amended in the item relating to section 5309, by
    striking ``Discretionary'' and inserting ``Capital investment''.

    SEC. 5009. TRANSIT SUPPORTIVE LAND USE.

        Section 5309(e)(3)(B) of title 49, United States Code, is amended
    by inserting ``, and recognize reductions in local infrastructure costs
    achieved through compact land use development'' before the semicolon.

    SEC. 5010. NEW STARTS.

        Section 5309(m) of title 49, United States Code, is amended by
    adding at the end the following:
        ``(5) Not more than 8 percent of the amount made available under
    paragraph (1)(B) in any fiscal year shall be available for activities
    other than final design and construction.''.

    SEC. 5011. JOINT PARTNERSHIP FOR DEPLOYMENT OF INNOVATION.

        Section 5312 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(d) Joint Partnership Program for Deployment of Innovation.--
                ``(1) Definition of consortium.--In this subsection, the
            term `consortium'--
                        ``(A) means--
                                ``(i) 1 or more public or private
                            organizations located in the United States,
                            that provides mass transportation service to
                            the public; and
                                ``(ii) 1 or more businesses, including
                            small- and medium-sized businesses,
                            incorporated in a State, offering goods or
                            services or willing to offer goods and services
                            to mass transportation operators; and
                        ``(B) may include, as additional members, public or
                    private research organizations located in the United
                    States, or State or local governmental authorities.
                ``(2) General authority.--The Secretary may, under terms
            and conditions that the Secretary prescribes, enter into
            grants, contracts, cooperative agreements, and other agreements
            with consortia selected in accordance with paragraph (4), to
            promote the early deployment of innovation in mass
            transportation technology, services, management, or operational
            practices. This paragraph shall be carried out in consultation
            with the transit industry by competitively selected public/
            private partnerships that will share costs, risks, and rewards
            of early deployment of innovation with broad applicability.
                ``(3) Consortium contribution.--A consortium assisted under
            this subsection shall provide not less than 50 percent of the
            costs of any joint partnership project. Any business,
            organization, person, or governmental body may contribute funds
            to a joint partnership project.
                ``(4) Notice requirement.--The Secretary shall periodically
            give public notice of the technical areas for which joint
            partnerships are solicited, required qualifications of
            consortia desiring to participate, the method of selection and
            evaluation criteria to be used in selecting participating
            consortia and projects, and the process by which innovation
            projects described in paragraph (1) will be awarded.
                ``(5) Use of revenues.--The Secretary shall, to the maximum
            extent practicable, accept a portion of the revenues resulting
            from sales of an innovation project funded under this section,
            to be credited to the Mass Transit Account of the Highway Trust
            Fund and used for joint partnership projects in accordance with
            this subsection.''.

    SEC. 5012. WORKPLACE SAFETY.

        Section 5315(a) of title 49, United States Code, is amended--
                (1) in paragraph (13), by striking ``and'' at the end;
                (2) in paragraph (14), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                ``(15) workplace safety.''.

    SEC. 5013. UNIVERSITY TRANSPORTATION CENTERS.

        (a) In General.--Subchapter IV of chapter 52 of title 49, United
    States Code (as added by section 2003(a) of this Act), is repealed
    effective 1 day after the date of enactment of this Act.
        (b) Repeal.--
                (1) In general.--Section 2003(b) of this Act, and the
            amendments made by that section, are repealed effective 1 day
            after the date of enactment of this Act.
                (2) Applicability.--Effective 1 day after the date of
            enactment of this Act, sections 5316 and 5317 of title 49,
            United States Code, and the items relating to sections 5316 and
            5317 in the analysis for chapter 53 of title 49, United States
            Code, shall be applied and administered as if section 2003(b)
            of this Act had not been enacted.
        (c) Establishment of Center.--Section 5317(b) of title 49, United
    States Code, is amended by adding the following new paragraph:
                ``(6) The Secretary shall make grants to the University of
            Alabama Transportation Research Center to establish a
            university Transportation Center.''.

    SEC. 5014. JOB ACCESS AND REVERSE COMMUTE GRANTS.

        (a) Findings.--Congress finds that--
                (1) two-thirds of all new jobs are in the suburbs, whereas
            three-quarters of welfare recipients live in rural areas or
            central cities;
                (2) even in metropolitan areas with excellent public
            transit systems, less than half of the jobs are accessible by
            transit;
                (3) in 1991, the median price of a new car was equivalent
            to 25 weeks of salary for the average worker, and considerably
            more for the low-income worker;
                (4) not fewer than 9,000,000 households and 10,000,000
            Americans of driving age, most of whom are low-income workers,
            do not own cars;
                (5) 94 percent of welfare recipients do not own cars;
                (6) nearly 40 percent of workers with annual incomes below
            $10,000 do not commute by car;
                (7) many of the 2,000,000 Americans who will have their
            Temporary Assistance to Needy Families grants (under the State
            program funded under part A of title IV of the Social Security
            Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 will
            be unable to get to jobs they could otherwise hold;
                (8) increasing the transit options for low-income workers,
            especially those who are receiving or who have recently
            received welfare benefits, will increase the likelihood of
            those workers getting and keeping jobs; and
                (9) many residents of cities and rural areas would like to
            take advantage of mass transit to gain access to suburban
            employment opportunities.
        (b) Grant Authority.--
                (1) In general.--Chapter 53 of title 49, United States
            Code, is amended by inserting after section 5320 the following:
    ``Sec. 5320a. Access to jobs
        ``(a) Definitions.--In this section:
                ``(1) Eligible low-income individual.--The term `eligible
            low-income individual' means an individual whose family income
            is at or below 150 percent of the poverty line (as that term is
            defined in section 673(2) of the Community Services Block Grant
            Act (42 U.S.C. 9902(2)), including any revision required by
            that section) for a family of the size involved.
                ``(2) Eligible project and related terms.--
                        ``(A) In general.--The term `eligible project'
                    means an access to jobs project or a reverse commute
                    project.
                        ``(B) Access to jobs project.--The term `access to
                    jobs project' means a project relating to the
                    development of transportation services designed to
                    transport welfare recipients and eligible low-income
                    individuals to and from jobs and activities related to
                    their employment, including--
                                ``(i) capital projects and to finance
                            operating costs of equipment, facilities, and
                            associated capital maintenance items related to
                            providing access to jobs under this section;
                                ``(ii) promoting the use of transit by
                            workers with nontraditional work schedules;
                                ``(iii) promoting the use by appropriate
                            agencies of transit vouchers for welfare
                            recipients and eligible low-income individuals
                            under specific terms and conditions developed
                            by the Secretary; and
                                ``(iv) promoting the use of employer-
                            provided transportation including the transit
                            pass benefit program under subsections (a) and
                            (f) of section 132 of title 26.
                        ``(C) Reverse commute project.--The term `reverse
                    commute project' means a project related to the
                    development of transportation services designed to
                    transport residents of urban areas, urbanized areas,
                    and areas other than urbanized areas to suburban
                    employment opportunities, including any project to--
                                ``(i) subsidize the costs associated with
                            adding reverse commute bus, train, or van
                            routes, or service from urban areas, urbanized
                            areas, and areas other than urbanized areas, to
                            suburban workplaces;
                                ``(ii) subsidize the purchase or lease by a
                            private employer, nonprofit organization, or
                            public agency of a van or bus dedicated to
                            shuttling employees from their residences to a
                            suburban workplace;
                                ``(iii) otherwise facilitate the provision
                            of mass transportation services to suburban
                            employment opportunities to residents of urban
                            areas, urbanized areas, and areas other than
                            urbanized areas.
                ``(3) Existing transportation service providers.--The term
            `existing transportation service providers' means mass
            transportation operators and governmental agencies and
            nonprofit organizations that receive assistance from Federal,
            State, or local sources for nonemergency transportation
            services.
                ``(4) Secretary.--The term `Secretary' means the Secretary
            of Transportation.
                ``(5) Qualified entity.--The term `qualified entity'
            means--
                        ``(A) with respect to any proposed eligible project
                    in an urbanized area with a population of not less than
                    200,000, the entity or entities selected by the
                    appropriate metropolitan planning organization, in
                    coordination with affected transit grant recipients (as
                    provided in subsection (g)(2)), from among local
                    governmental authorities and nonprofit organizations;
                    and
                        ``(B) with respect to any proposed eligible project
                    in an urbanized area with a population of less than
                    200,000, or an area other than an urbanized area, the
                    entity or entities selected by the chief executive
                    officer of the State in which the area is located, in
                    coordination with affected transit grant recipients (as
                    provided in subsection (g)(2)), from among local
                    governmental authorities and nonprofit organizations.
                ``(6) Welfare recipient.--The term `welfare recipient'
            means an individual who receives or received aid or assistance
            under a State program funded under part A of title IV of the
            Social Security Act (whether in effect before or after the
            effective date of the amendments made by title I of the
            Personal Responsibility and Work Opportunity Reconciliation Act
            of 1996 (Public Law 104-193; 110 Stat. 2110)) at any time
            during the 3-year period before the date on which the applicant
            applies for a grant under this section.
        ``(b) General Authority.--
                ``(1) In general.--The Secretary may make access to jobs
            grants and reverse commute grants under this section to assist
            qualified entities in financing eligible projects.
                ``(2) Coordination.--The Secretary shall coordinate
            activities under this section with related activities under
            programs of other Federal departments and agencies.
        ``(c) Applications.--Each qualified entity seeking to receive a
    grant under this section for an eligible project shall submit to the
    Secretary an application in such form and in accordance with such
    requirements as the Secretary shall establish by regulation.
        ``(d) Prohibition.--Grants awarded under this section may not be
    used for planning or coordination activities.
        ``(e) Factors for Consideration.--In awarding grants under this
    section to applicants under subsection (c), the Secretary shall
    consider--
                ``(1) the percentage of the population in the area to be
            served by the applicant that are welfare recipients;
                ``(2) in the case of an applicant seeking assistance to
            finance an access to jobs project, the need for additional
            services in the area to be served by the applicant to transport
            welfare recipients and eligible low-income individuals to and
            from specified jobs, training, and other employment support
            services, and the extent to which the proposed services will
            address those needs;
                ``(3) the extent to which the applicant demonstrates
            coordination with, and the financial commitment of, existing
            transportation service providers;
                ``(4) the extent to which the applicant demonstrates
            maximum utilization of existing transportation service
            providers and expands transit networks or hours of service, or
            both;
                ``(5) the extent to which the applicant demonstrates an
            innovative approach that is responsive to identified service
            needs;
                ``(6) the extent to which the applicant--
                        ``(A) in the case of an applicant seeking
                    assistance to finance an access to jobs project,
                    presents a regional transportation plan for addressing
                    the transportation needs of welfare recipients and
                    eligible low-income individuals; and
                        ``(B) identifies long-term financing strategies to
                    support the services under this section;
                ``(7) the extent to which the applicant demonstrates that
            the community to be served has been consulted in the planning
            process; and
                ``(8) in the case of an applicant seeking assistance to
            finance a reverse commute project, the need for additional
            services identified in a regional transportation plan to
            transport individuals to suburban employment opportunities, and
            the extent to which the proposed services will address those
            needs.
        ``(f) Federal Share of Costs.--
                ``(1) Maximum amount.--The amount of a grant under this
            section may not exceed 50 percent of the total project cost.
                ``(2) Nongovernmental share.--The portion of the total cost
            of an eligible project that is not funded under this section--
                        ``(A) shall be provided in cash from sources other
                    than revenues from providing mass transportation; and
                        ``(B) may be derived from amounts made available to
                    a department or agency of the Federal Government (other
                    than the Department of Transportation) that are
                    eligible to be expended for transportation.
        ``(g) Planning Requirements.--
                ``(1) In general.--The requirements of sections 5303
            through 5306 apply to any grant made under this section.
                ``(2) Coordination.--Each application for a grant under
            this section shall reflect coordination with and the approval
            of affected transit grant recipients. The eligible access to
            jobs projects financed must be part of a coordinated public
            transit-human services transportation planning process.
        ``(h) Grant Requirements.--A grant under this section shall be
    subject to--
                ``(1) all of the terms and conditions to which a grant made
            under section 5307 is subject; and
                ``(2) such other terms and conditions as determined by the
            Secretary.
        ``(i) Program Evaluation.--
                ``(1) Comptroller general.--Beginning 6 months after the
            date of enactment of this section, and every 6 months
            thereafter, the Comptroller General of the United States
            shall--
                        ``(A) conduct a study to evaluate the grant program
                    authorized under this section; and
                        ``(B) submit to the Committee on Transportation and
                    Infrastructure of the House of Representatives and the
                    Committee on Banking, Housing, and Urban Affairs of the
                    Senate a report describing the results of each study
                    under subparagraph (A).
                ``(2) Department of transportation.--Not later than 2 years
            after the date of enactment of this section, the Secretary
            shall--
                        ``(A) conduct a study to evaluate the access to
                    jobs grant program authorized under this section; and
                        ``(B) submit to the Committee on Transportation and
                    Infrastructure of the House of Representatives and the
                    Committee on Banking, Housing, and Urban Affairs of the
                    Senate a report describing the results of the study
                    under subparagraph (A).
        ``(j) Funding; Allocation.--
                ``(1) In general.--There is authorized to be appropriated
            to carry out this section, to remain available until expended,
            $250,000,000 for each of fiscal years 1998 through 2003, of
            which--
                        ``(A) $150,000,000 in each fiscal year shall be
                    used for grants for access to jobs projects; and
                        ``(B) $100,000,000 in each fiscal year shall be
                    used for grants for reverse commute projects.
                ``(2) Allocation.--The amount made available to carry out
            this section in each fiscal year shall be allocated as follows:
                        ``(A) 60 percent shall be allocated for eligible
                    projects in urbanized areas with populations of not
                    less than 200,000.
                        ``(B) 20 percent shall be allocated for eligible
                    projects in urbanized areas with populations of less
                    than 200,000.
                        ``(C) 20 percent shall be allocated for eligible
                    projects in areas other than urbanized areas.''.
                (2) Conforming amendment.--The analysis for chapter 53 of
            title 49, United States Code, is amended by inserting after the
            item relating to section 5320 the following:

    ``5320a.  Access to jobs.''.

    SEC. 5015. GRANT REQUIREMENTS.

        Section 5323 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(m) Grant Requirements.--The grant requirements under sections
    5307 and 5309 apply to any project under this chapter that receives any
    assistance from an infrastructure bank or through other financing under
    subtitle C of title I of the Intermodal Surface Transportation
    Efficiency Act of 1998.''.

    SEC. 5016. HHS AND PUBLIC TRANSIT SERVICE.

        Section 5323 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(n) Participation of Governmental Agencies in Design and Delivery
    of Transportation Services.--To the extent feasible, governmental
    agencies and nonprofit organizations that receive assistance from
    Government sources (other than the Department of Transportation) for
    nonemergency transportation services--
                ``(1) shall participate and coordinate with recipients of
            assistance under this chapter in the design and delivery of
            transportation services; and
                ``(2) shall be included in the planning for those
            services.''.

    SEC. 5017. PROCEEDS FROM THE SALE OF TRANSIT ASSETS.

        Section 5334(g) of title 49, United States Code, is amended by
    adding at the end the following:
        ``(4) Notwithstanding any other provision of law, if a recipient of
    assistance under this chapter determines that an asset (including real
    property) acquired with such assistance is no longer needed for the
    purpose for which it was acquired, the recipient may sell that asset
    with no further obligation to the Government, if the proceeds of the
    sale are used for the provision of mass transportation services in
    accordance with this chapter.''.

    SEC. 5018. OPERATING ASSISTANCE FOR SMALL TRANSIT AUTHORITIES IN LARGE
                  URBANIZED AREAS.

        Section 5336(d) of title 49, United States Code, is amended by
    adding at the end the following:
        ``(3) In distributing operating assistance under this subsection to
    urbanized areas with a population of 1,000,000 or more under the most
    recent census, the Secretary shall direct each such area to give
    priority consideration to the impact of reductions on operating
    assistance on smaller transit authorities operating within the area and
    to consider the needs and resources of such transit authorities.''.

    SEC. 5019. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
                  MODERNIZATION.

        (a) Distribution.--Section 5337(a) of title 49, United States Code,
    is amended to read as follows:
        ``(a) Distribution.--The Secretary of Transportation shall
    apportion amounts made available for fixed guideway modernization under
    section 5309 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and
    2003 as follows:
                ``(1) The first $497,700,000 shall be apportioned in the
            following urbanized areas as follows:
                        ``(A) Baltimore, $8,372,000.
                        ``(B) Boston, $38,948,000.
                        ``(C) Chicago/Northwestern Indiana, $78,169,000.
                        ``(D) Cleveland, $9,509,500.
                        ``(E) New Orleans, $1,730,588.
                        ``(F) New York, $176,034,461.
                        ``(G) Northeastern New Jersey, $50,604,653.
                        ``(H) Philadelphia/Southern New Jersey,
                    $58,924,764.
                        ``(I) Pittsburgh, $13,662,463.
                        ``(J) San Francisco, $33,989,571.
                        ``(K) Southwestern Connecticut, $27,755,000.
                ``(2) The next $70,000,000 shall be apportioned as follows:
                        ``(A) 50 percent in the urbanized areas listed in
                    paragraph (1), as provided in section 5336(b)(2)(A).
                        ``(B) 50 percent in other urbanized areas eligible
                    for assistance under section 5336(b)(2)(A) to which
                    amounts were apportioned under this section for fiscal
                    year 1997, as provided in section 5336(b)(2)(A) and
                    subsection (e) of this section.
                ``(3) The next $5,700,000 shall be apportioned in the
            following urbanized areas as follows:
                        ``(A) Pittsburgh, 61.76 percent.
                        ``(B) Cleveland, 10.73 percent.
                        ``(C) New Orleans, 5.79 percent.
                        ``(D) 21.72 percent in urbanized areas to which
                    paragraph (2)(B) applies, as provided in section
                    5336(b)(2)(A) and subsection (e) of this section.
                ``(4) The next $186,600,000 shall be apportioned in each
            urbanized area to which paragraph (1) applies and in each
            urbanized area to which paragraph (2)(B) applies, as provided
            in section 5336(b)(2)(A) and subsection (e) of this section.
                ``(5) Remaining amounts shall be apportioned as follows:
                        ``(A) 50 percent in the urbanized areas listed in
                    paragraph (1) as provided in section 5336(b)(2)(A) and
                    subsection (e) of this section.
                        ``(B) 50 percent to urbanized areas to which
                    paragraph (5)(B) applies, as provided in section
                    5336(b)(2)(A) and subsection (e) of this section.''.
        (b) Route Segments To Be Included in Apportionment Formulas.--
    Section 5337 of title 49, United States Code, is amended by adding at
    the end the following:
        ``(e) Route Segments To Be Included in Apportionment Formulas.--
                ``(1) Amounts apportioned under paragraphs (2)(B), (3), and
            (4) of subsection (a) shall have attributable to each urbanized
            area only the number of fixed guideway revenue miles of service
            and number of fixed guideway route miles for segments of fixed
            guideway systems used to determine apportionments for fiscal
            year 1997.
                ``(2) Amounts apportioned under paragraphs (5) through (7)
            of subsection (a) shall have attributable to each urbanized
            area only the number of fixed guideway revenue miles of service
            and number of fixed guideway route-miles for segments of fixed
            guideway systems placed in revenue service not less than 7
            years before the fiscal year in which amounts are made
            available.''.

    SEC. 5020. URBANIZED AREA FORMULA STUDY.

        (a) Study.--The Secretary of Transportation shall conduct a study
    to determine whether the formula for apportioning funds to urbanized
    areas under section 5336 of title 49, United States Code accurately
    reflects the transit needs of the urbanized areas and, if not, whether
    any changes should be made either to the formula or through some other
    mechanism to reflect the fact that some urbanized areas with a
    population between 50,000 and 200,000 have transit systems that carry
    more passengers per mile or hour than the average of those transit
    systems in urbanized areas with a population over 200,000.
        (b) Report.--Not later than December 31, 1999, the Secretary of
    Transportation shall transmit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate a report on the
    results of the study conducted under this section, together with any
    proposed changes to the method for apportioning funds to urbanized
    areas with a population over 50,000.

    SEC. 5021. INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS TRANSIT
                  ACCOUNT OF HIGHWAY TRUST FUND.

        Section 5323 of title 49, United States Code, is amended by adding
    at the end the following new subsection:
        ``(o) Intercity Rail Infrastructure Investment.--Any assistance
    provided to a State that does not have Amtrak service as of the date of
    enactment of this subsection from the Mass Transit Account of the
    Highway Trust Fund may be used for capital improvements to, and
    operating support for, intercity passenger rail service.''.

    SEC. 5022. NEW START RATING AND EVALUATION.

        (a) Criteria for Grants and Loans for Fixed Guideway Systems.--
    Section 5309(e) of title 49, United States Code, is amended to read as
    follows:
        ``(e) Criteria for Grants and Loans for Fixed Guideway Systems.--
                ``(1) The Secretary of Transportation may approve a grant
            or loan under this section for a capital project for a new
            fixed guideway system or extension of an existing fixed
            guideway system only if the Secretary decides that the proposed
            project is--
                        ``(A) based on the results of an alternatives
                    analysis and preliminary engineering;
                        ``(B) justified based on a comprehensive review of
                    its mobility improvements, environmental benefits, cost
                    effectiveness, and operating efficiencies; and
                        ``(C) supported by an acceptable degree of local
                    financial commitment, including evidence of stable and
                    dependable financing sources to construct, maintain,
                    and operate the system or extension.
                ``(2) In evaluating a project under paragraph (1)(A), the
            Secretary shall analyze and consider the results of the
            alternatives analysis and preliminary engineering for the
            project.
                ``(3) In evaluating a project under paragraph (1)(B), the
            Secretary shall--
                        ``(A) consider the direct and indirect costs of
                    relevant alternatives;
                        ``(B) account for costs and benefits related to
                    factors such as congestion relief, improved mobility,
                    air pollution, noise pollution, congestion, energy
                    consumption, and all associated ancillary and
                    mitigation costs necessary to carry out each
                    alternative analyzed;
                        ``(C) identify and consider mass transportation
                    supportive existing land use policies and future
                    patterns, and the cost of urban sprawl;
                        ``(D) consider the degree to which the project
                    increases the mobility of the mass transportation
                    dependent population or promotes economic development;
                        ``(E) consider population density, and current
                    transit ridership in the corridor;
                        ``(F) consider the technical capability of the
                    grant recipient to construct the project;
                        ``(G) adjust the project justification to reflect
                    differences in local land, construction, and operating
                    costs; and
                        ``(H) consider other factors the Secretary
                    considers appropriate to carry out this chapter.
                ``(3)(A) The Secretary of Transportation shall issue
            guidelines on the manner in which the Secretary will evaluate
            results of alternatives analysis, project justification, and
            the degree of local financial commitment.
                ``(B) The project justification under paragraph (1)(B)
            shall be adjusted to reflect differences in local land,
            construction, and operating costs.
                ``(4)(A) In evaluating a project under paragraph (1)(C),
            the Secretary shall require that--
                        ``(i) the proposed project plan provides for the
                    availability of contingency amounts the Secretary of
                    Transportation determines to be reasonable to cover
                    unanticipated cost overruns;
                        ``(ii) each proposed local source of capital and
                    operating financing is stable, reliable, and available
                    within the proposed project timetable; and
                        ``(iii) local resources are available to operate
                    the overall proposed mass transportation system
                    (including essential feeder bus and other services
                    necessary to achieve the projected ridership levels)
                    without requiring a reduction in existing mass
                    transportation services to operate the proposed
                    project.
                ``(B) In assessing the stability, reliability, and
            availability of proposed sources of local financing, the
            Secretary of Transportation shall consider--
                        ``(i) existing grant commitments;
                        ``(ii) the degree to which financing sources are
                    dedicated to the purposes proposed;
                        ``(iii) any debt obligation that exists or is
                    proposed by the recipient for the proposed project or
                    other mass transportation purpose; and
                        ``(iv) the extent to which the project has a local
                    financial commitment that exceeds the required non-
                    Federal share of the cost of the project.
                ``(5)(A) Not later than 120 days after the date of
            enactment of the Federal Transit Act of 1998, the Secretary of
            Transportation shall issue guidelines on the manner in which
            the Secretary will evaluate and rate the projects based on the
            results of alternatives analysis, project justification, and
            the degree of local financial commitment.
                ``(B) The project justification under paragraph (1)(B)
            shall be adjusted to reflect differences in local land,
            construction, and operating costs as required under this
            subsection.
                ``(6)(A) A proposed project may advance from alternatives
            analysis to preliminary engineering, and may advance from
            preliminary engineering to final design and construction, only
            if the Secretary of Transportation finds that the project meets
            the requirements of this section and there is a reasonable
            likelihood that the project will continue to meet the
            requirements.
                ``(B) In making any findings under subparagraph (A), the
            Secretary shall evaluate and rate the project as either highly
            recommended, recommended, or not recommended, based on the
            results of alternatives analysis, the project justification
            criteria, and the degree of local financial commitment as
            required under this subsection.
                ``(C) In rating each project, the Secretary shall provide,
            in addition to the overall project rating, individual ratings
            for each criteria established under the guidelines issued under
            paragraph (5).
                ``(7)(A) Each project financed under this subsection shall
            be carried out through a full funding grant agreement.
                ``(B) The Secretary shall enter a full funding grant
            agreement based on evaluations and ratings required under this
            subsection.
                ``(C) The Secretary shall not enter into a full funding
            grant agreement for a project unless that project is authorized
            for final design and construction.
                ``(8)(A) A project for a fixed guideway system or extension
            of an existing fixed guideway system is not subject to the
            requirements of this subsection, and the simultaneous
            evaluation of similar projects in at least 2 corridors in a
            metropolitan area may not be limited, if the assistance
            provided under this section with respect to the project is less
            than $25,000,000.
                ``(B) The simultaneous evaluation of projects in at least 2
            corridors in a metropolitan area may not be limited and the
            Secretary of Transportation shall make decisions under this
            subsection with expedited procedures that will promote carrying
            out an approved State Implementation Plan in a timely way if a
            project is--
                        ``(i) located in a nonattainment area;
                        ``(ii) a transportation control measure (as that
                    term is defined in the Clean Air Act (42 U.S.C. 7401 et
                    seq.)); and
                        ``(iii) required to carry out the State
                    Implementation Plan.
                ``(C) This subsection does not apply to a part of a project
            financed completely with amounts made available from the
            Highway Trust Fund (other than the Mass Transit Account).
                ``(D) This subsection does not apply to projects for which
            the Secretary has issued a letter of intent or entered into a
            full funding grant agreement before the date of enactment of
            the Federal Transit Act of 1998.''.
        (b) Letters of Intent, Full Financing Grant Agreements, and Early
    Systems Work Agreements.--Section 5309(g) of title 49, United States
    Code, is amended--
                (1) in the subsection heading, by striking ``Financing''
            and inserting ``Funding'';
                (2) by striking ``full financing'' each place it appears
            and inserting ``full funding''; and
                (3) in paragraph (1)(B)--
                        (A) by striking ``30 days'' and inserting ``60
                    days'';
                        (B) by inserting ``or entering into a full funding
                    grant agreement'' after ``this paragraph''; and
                        (C) by striking ``issuance of the letter'' and
                    inserting ``letter or agreement. The Secretary shall
                    include with the notification a copy of the proposed
                    letter or agreement as well as evaluations and ratings
                    for the project''.
        (c) Reports.--Section 5309 of title 49, United States Code, is
    amended by adding at the end the following:
        ``(p) Reports.--
                ``(1) Funding levels and allocations of funds for fixed
            guideway systems.--
                        ``(A) Annual report.--Not later than the first
                    Monday in February of each year, the Secretary shall
                    submit to the Committee on Transportation and
                    Infrastructure of the House of Representatives and the
                    Committee on Banking, Housing, and Urban Affairs of the
                    Senate a report that includes a proposal on the
                    allocation of amounts to be made available to finance
                    grants and loans for capital projects for new fixed
                    guideway systems and extensions to existing fixed
                    guideway systems among applicants for those amounts.
                        ``(B) Recommendations on funding.--Each report
                    submitted under this paragraph shall include--
                                ``(i) evaluations and ratings, as required
                            under subsection (e), for each project that is
                            authorized or has received funds under this
                            section since the date of enactment of the
                            Federal Transit Act of 1998 or October 1 of the
                            preceding fiscal year, whichever date is
                            earlier; and
                                ``(ii) recommendations of projects for
                            funding, based on the evaluations and ratings
                            and on existing commitments and anticipated
                            funding levels for the next 3 fiscal years and
                            for the next 10 fiscal years, based on
                            information available to the Secretary.
                ``(2) Supplemental report on new starts.--On August 30 of
            each year, the Secretary shall submit a report to Congress that
            describes the Secretary's evaluation and rating of each project
            that has completed alternatives analysis or preliminary
            engineering since the date of the last report. The report shall
            include all relevant information that supports the evaluation
            and rating of each project, including a summary of each
            project's financial plan.
                ``(3) Annual gao review.--The Comptroller General of the
            United States shall--
                        ``(A) conduct an annual review of--
                                ``(i) the processes and procedures for
                            evaluating and rating projects and recommending
                            projects; and
                                ``(ii) the Secretary's implementation of
                            such processes and procedures; and
                        ``(B) report to Congress on the results of such
                    review not later than April 30 of each year.''.

                               TITLE VI--REVENUE

    SEC. 6001. SHORT TITLE; AMENDMENT OF 1986 CODE.

        (a) Short Title.--This title may be cited as the ``Intermodal
    Surface Transportation Revenue Act of 1998''.
        (b) Amendment of 1986 Code.--Except as otherwise expressly
    provided, whenever in this title an amendment or repeal is expressed in
    terms of an amendment to, or repeal of, a section or other provision,
    the reference shall be considered to be made to a section or other
    provision of the Internal Revenue Code of 1986.

    SEC. 6002. EXTENSION AND MODIFICATION OF HIGHWAY-RELATED TAXES AND
                  TRUST FUND.

        (a) Extension of Taxes and Exemptions.--
                (1) The following provisions are each amended by striking
            ``1999'' each place it appears and inserting ``2005'':
                        (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate
                    of tax on certain buses).
                        (B) Section 4041(a)(2)(B) (relating to rate of tax
                    on special motor fuels), as amended by section
                    907(a)(1) of the Taxpayer Relief Act of 1997.
                        (C) Section 4041(m)(1)(A) (relating to certain
                    alcohol fuels), as amended by section 907(b) of the
                    Taxpayer Relief Act of 1997.
                        (D) Section 4051(c) (relating to termination).
                        (E) Section 4071(d) (relating to termination).
                        (F) Section 4081(d)(1) (relating to termination).
                        (G) Section 4221(a) (relating to certain tax-free
                    sales).
                        (H) Section 4481(e) (relating to period tax in
                    effect).
                        (I) Section 4482(c)(4) (relating to taxable
                    period).
                        (J) Section 4482(d) (relating to special rule for
                    taxable period in which termination date occurs).
                        (K) Section 4483(g) (relating to termination of
                    exemptions).
                        (L) Section 6156(e)(2) (relating to section
                    inapplicable to certain liabilities).
                        (M) Section 6412(a) (relating to floor stocks
                    refunds).
                (2) The following provisions are each amended by striking
            ``2000'' each place it appears and inserting ``2007'':
                        (A) Section 4041(b)(2)(C) (relating to
                    termination).
                        (B) Section 4041(k)(3) (relating to termination).
                        (C) Section 4081(c)(8) (relating to termination).
                        (D) Section 4091(c)(5) (relating to termination).
                (3) Section 6412(a) (relating to floor stocks refunds) is
            amended by striking ``2000'' each place it appears and
            inserting ``2006''.
                (4) Section 6427(f)(4) (relating to termination) is amended
            by striking ``1999'' and inserting ``2007''.
                (5) Section 40(e)(1) (relating to termination) is amended--
                        (A) by striking ``December 31, 2000'' and inserting
                    ``December 31, 2007'', and
                        (B) by striking subparagraph (B) and inserting the
                    following:
                        ``(B) of any fuel for any period before January 1,
                    2008, during which the rate of tax under section
                    4081(a)(2)(A) is 4.3 cents per gallon.''.
                (6) Headings 9901.00.50 and 9901.00.52 of the Harmonized
            Tariff Schedule of the United States (19 U.S.C. 3007) are
            amended in the effective period column by striking ``10/1/
            2000'' each place it appears and inserting ``10/1/2007''.
        (b) Extension and Modification of Highway Trust Fund.--
                (1) Extension.--Section 9503 (relating to Highway Trust
            Fund) is amended--
                        (A) in subsection (b)--
                                (i) in paragraph (1), as amended by section
                            1032(e)(13) of the Taxpayer Relief Act of
                            1997--
                                        (I) by striking ``1999'' and
                                    inserting ``2005'',
                                        (II) by striking subparagraph (C),
                                        (III) in subparagraph (D), by
                                    striking ``and tread rubber'', and
                                        (IV) by redesignating subparagraphs
                                    (D), (E), and (F) as subparagraphs (C),
                                    (D), and (E), respectively,
                                (ii) in paragraph (2), by striking ``1999''
                            each place it appears and inserting ``2005''
                            and by striking ``2000'' and inserting
                            ``2006'',
                                (iii) in the heading of paragraph (2), by
                            striking ``october 1, 1999'' and inserting
                            ``october 1, 2005'', and
                                (iv) in subparagraphs (E) and (F) of
                            paragraph (4), as amended by section 901(a) of
                            the Taxpayer Relief Act of 1997, by striking
                            ``1999'' and inserting ``2005'', and
                        (B) in subsection (c), as amended by section
                    9(a)(1) of the Surface Transportation Extension Act of
                    1997--
                                (i) in paragraph (1)--
                                        (I) by striking ``1998'' and
                                    inserting ``2003'',
                                        (II) in subparagraph (C), by
                                    striking ``or'' at the end,
                                        (III) in subparagraph (D), by
                                    striking ``1991.'' and inserting
                                    ``1991, or'',
                                        (IV) by inserting after
                                    subparagraph (D) the following:
                        ``(E) authorized to be paid out of the Highway
                    Trust Fund under the Intermodal Surface Transportation
                    Efficiency Act of 1998.'', and
                                        (V) by striking the last sentence
                                    and inserting the following:
            ``In determining the authorizations under the Acts referred to
            in the preceding subparagraphs, such Acts shall be applied as
            in effect on the date of the enactment of the Intermodal
            Surface Transportation Efficiency Act of 1998.'',
                                (ii) in paragraph (2)(A)(i)--
                                        (I) by striking ``2000'' and
                                    inserting ``2006'',
                                        (II) in subclause (II), by adding
                                    ``and'' at the end,
                                        (III) in subclause (IV), by
                                    striking ``1999'' and inserting
                                    ``2005'', and
                                        (IV) by striking subclause (III)
                                    and redesignating subclause (IV) as
                                    subclause (III),
                                (iii) in paragraph (2)(A), by striking
                            clause (ii) and inserting the following:
                                ``(ii) the credits allowed under section 34
                            (relating to credit for certain uses of fuel)
                            with respect to fuel used before October 1,
                            2005.'',
                                (iv) in paragraph (3)--
                                        (I) by striking ``July 1, 2000''
                                    and inserting ``July 1, 2006'', and
                                        (II) by striking the heading and
                                    inserting ``Floor stocks refunds'',
                                (v) in paragraph (4)(A)--
                                        (I) in clause (i), by striking
                                    ``1998'' and inserting ``2003'', and
                                        (II) in clause (ii), by adding at
                                    the end the following new flush
                                    sentence:
                            ``In making the determination under subclause
                            (II) for any fiscal year, the Secretary shall
                            not take into account any amount appropriated
                            from the Boat Safety Account in any preceding
                            fiscal year but not distributed.'', and
                                (vi) in paragraph (5)(A), by striking
                            ``1998'' and inserting ``2003''.
                (2) Limitation on expenditures.--
                        (A) In general.--Section 9503(c) (relating to
                    expenditures from Highway Trust Fund), as amended by
                    subsection (d)(2)(A), is amended by inserting after
                    paragraph (5) the following:
                ``(6) Limitation on expenditures from highway trust fund.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), no expenditure shall be made from the
                    Highway Trust Fund unless such expenditure is permitted
                    under a provision of this title. The determination of
                    whether an expenditure is so permitted shall be made
                    without regard to--
                                ``(i) any provision of law which is not
                            contained or referenced in this title and which
                            is not contained or referenced in a revenue
                            Act, and
                                ``(ii) whether such provision of law is a
                            subsequently enacted provision or directly or
                            indirectly seeks to waive the application of
                            this paragraph.
                        ``(B) Exception for prior obligations.--
                    Subparagraph (A) shall not apply to any expenditure to
                    liquidate any contract entered into, or for any amount
                    otherwise obligated, in accordance with the provisions
                    of this section before October 1, 2003.''.
                        (B) Transfer of taxes to trust fund terminated if
                    expenditure limitation violated.--Section 9503(b)(4)
                    (relating to certain taxes not transferred to Highway
                    Trust Fund), as amended by subsection (b)(1)(A)(iv), is
                    amended--
                                (i) in subparagraph (E), by striking ``or''
                            at the end,
                                (ii) in subparagraph (F), by striking the
                            period at the end and inserting ``, or'', and
                                (iii) by adding at the end the following:
                        ``(G) any provision described in paragraph (1) on
                    and after the date of any expenditure not permitted by
                    subsection (c)(6).''.
        (c) Modification of Subsidies for Alcohol Fuels.--
                (1) In general.--Subsection (h) of section 40 (relating to
            alcohol used as fuel) is amended to read as follows:
        ``(h) Reduced Credit for Ethanol Blenders.--
                ``(1) In general.--In the case of any alcohol mixture
            credit or alcohol credit with respect to any sale or use of
            alcohol which is ethanol during calendar years 2001 through
            2007--
                        ``(A) subsections (b)(1)(A) and (b)(2)(A) shall be
                    applied by substituting `the blender amount' for `60
                    cents',
                        ``(B) subsection (b)(3) shall be applied by
                    substituting `the low-proof blender amount' for `45
                    cents' and `the blender amount' for `60 cents', and
                        ``(C) subparagraphs (A) and (B) of subsection
                    (d)(3) shall be applied by substituting `the blender
                    amount' for `60 cents' and `the low-proof blender
                    amount' for `45 cents'.
                ``(2) Amounts.--For purposes of paragraph (1), the blender
            amount and the low-proof blender amount shall be determined in
            accordance with the following table:

                   In the case of any sale                    The low-proof
                    or use during calendar    The blender     blender amount
                            year:              amount is:          is:

                   2001 or 2002                53 cents          39.26 cents
                   2003 or 2004                52 cents          38.52 cents
                   2005, 2006, or 2007....     51 cents          37.78
                                                              cents.''.

                (2) Conforming amendments.--
                        (A) Section 4041(b)(2) is amended--
                                (i) in subparagraph (A)(i), by striking
                            ``5.4 cents'' and inserting ``the applicable
                            blender rate'', and
                                (ii) by redesignating subparagraph (C), as
                            amended by subsection (a)(2)(A), as
                            subparagraph (D) and by inserting after
                            subparagraph (B) the following:
                        ``(C) Applicable blender rate.--For purposes of
                    subparagraph (A)(i), the applicable blender rate is--
                                ``(i) except as provided in clause (ii),
                            5.4 cents, and
                                ``(ii) for sales or uses during calendar
                            years 2001 through 2007, \1/10\ of the blender
                            amount applicable under section 40(h)(2) for
                            the calendar year in which the sale or use
                            occurs.''.
                        (B) Subparagraph (A) of section 4081(c)(4) is
                    amended to read as follows:
                        ``(A) General rules.--
                                ``(i) Mixtures containing ethanol.--Except
                            as provided in clause (ii), in the case of a
                            qualified alcohol mixture which contains
                            gasoline, the alcohol mixture rate is the
                            excess of the rate which would (but for this
                            paragraph) be determined under subsection (a)
                            over--
                                        ``(I) in the case of 10 percent
                                    gasohol, the applicable blender rate
                                    (as defined in section 4041(b)(2)(A))
                                    per gallon,
                                        ``(II) in the case of 7.7 percent
                                    gasohol, the number of cents per gallon
                                    equal to 77 percent of such applicable
                                    blender rate, and
                                        ``(III) in the case of 5.7 percent
                                    gasohol, the number of cents per gallon
                                    equal to 57 percent of such applicable
                                    blender rate.
                                ``(ii) Mixtures not containing ethanol.--In
                            the case of a qualified alcohol mixture which
                            contains gasoline and none of the alcohol in
                            which consists of ethanol, the alcohol mixture
                            rate is the excess of the rate which would (but
                            for this paragraph) be determined under
                            subsection (a) over--
                                        ``(I) in the case of 10 percent
                                    gasohol, 6 cents per gallon,
                                        ``(II) in the case of 7.7 percent
                                    gasohol, 4.62 cents per gallon, and
                                        ``(III) in the case of 5.7 percent
                                    gasohol, 3.42 cents per gallon.''.
                        (C) Section 4081(c)(5) is amended by striking ``5.4
                    cents'' and inserting ``the applicable blender rate (as
                    defined in section 4041(b)(2)(C))''.
                        (D) Section 4091(c)(1) is amended by striking
                    ``13.4 cents'' each place it appears and inserting
                    ``the applicable blender amount'' and by adding at the
                    end the following: ``For purposes of this paragraph,
                    the term `applicable blender amount' means 13.3 cents
                    in the case of any sale or use during 2001 or 2002,
                    13.2 cents in the case of any sale or use during 2003
                    or 2004, 13.1 cents in the case of any sale or use
                    during 2005, 2006, or 2007, and 13.4 cents in the case
                    of any sale or use during 2008 or thereafter.''.
                (3) Effective date.--The amendments made by this subsection
            shall take effect on January 1, 2001.
        (d) Elimination of National Recreational Trails Trust Fund.--
                (1) In general.--Section 9511 (relating to National
            Recreational Trails Trust Fund) is repealed.
                (2) Conforming amendments.--
                        (A) Section 9503(c) is amended by striking
                    paragraph (6).
                        (B) The table of sections for subchapter A of
                    chapter 98 is amended by striking the item relating to
                    section 9511.
        (e) Aquatic Resources Trust Fund.--
                (1) Extension.--Section 9504(c) (relating to expenditures
            from Boat Safety Account), as amended by section 9(b) of the
            Surface Transportation Extension Act of 1997, is amended--
                        (A) by striking ``1998'' and inserting ``2004'',
                    and
                        (B) by striking ``1988'' and inserting ``the date
                    of the enactment of the Intermodal Surface
                    Transportation Efficiency Act of 1998''.
                (2) Limitation on expenditures.--Section 9504 (relating to
            Aquatic Resources Trust Fund) is amended by redesignating
            subsection (d) as subsection (e) and by inserting after
            subsection (c) the following:
        ``(d) Limitation on Expenditures from Trust Fund.--
                ``(1) In general.--Except as provided in paragraph (2), no
            expenditure shall be made from the Aquatics Resources Trust
            Fund unless such expenditure is permitted under a provision of
            this title. The determination of whether an expenditure is so
            permitted shall be made without regard to--
                        ``(A) any provision of law which is not contained
                    or referenced in this title and which is not contained
                    or referenced in a revenue Act, and
                        ``(B) whether such provision of law is a
                    subsequently enacted provision or directly or
                    indirectly seeks to waive the application of this
                    subsection.
                ``(2) Exception for prior obligations from the boat safety
            account.--Paragraph (1) shall not apply to any expenditure to
            liquidate any contract entered into, or for any amount
            otherwise obligated, in accordance with the provisions of
            subsection (c) before April 1, 2004.
                ``(3) Transfer of taxes to trust fund terminated if
            expenditure limitation violated.--For purposes of the second
            sentence of subsection (a)(2), there shall not be taken into
            account any amount described in subsection (b)(1), section
            9503(c)(4), or section 9503(c)(5)(A) on and after the date of
            any expenditure not permitted by paragraph (1).''.
                (3) Conforming amendments.--Section 9504(b)(2) is amended--
                        (A) in subparagraph (A), by striking ``October 1,
                    1988'' and inserting ``the date of the enactment of the
                    Intermodal Surface Transportation Efficiency Act of
                    1998'', and
                        (B) in subparagraph (B), by striking ``November 29,
                    1990'' and inserting ``the date of the enactment of the
                    Intermodal Surface Transportation Efficiency Act of
                    1998''.

    SEC. 6003. MASS TRANSIT ACCOUNT.

        (a) In General.--Section 9503(e)(3) (relating to expenditures from
    Account), as amended by section 9(a)(2) of the Surface Transportation
    Extension Act of 1997, is amended--
                (1) by striking ``1998'' and inserting ``2003'',
                (2) in subparagraph (A), by striking ``or'' at the end,
                (3) in subparagraph (B), by adding ``or'' at the end, and
                (4) by striking all that follows subparagraph (B) and
            inserting:
                        ``(C) the Intermodal Surface Transportation
                    Efficiency Act of 1998,
            as such sections and Acts are in effect on the date of the
            enactment of the Intermodal Surface Transportation Efficiency
            Act of 1998.''.
        (b) Conforming Amendment.--Paragraph (4) of section 9503(e) is
    amended to read as follows:
                        ``(4) Limitation.--Rules similar to the rules of
                    subsection (d) shall apply to the Mass Transit
                    Account.''.
        (c) Technical Correction.--
                (1) In general.--Section 9503(e)(2) is amended by striking
            the last sentence and inserting the following: ``For purposes
            of the preceding sentence, the term `mass transit portion'
            means, for any fuel with respect to which tax was imposed under
            section 4041 or 4081 and otherwise deposited into the Highway
            Trust Fund, the amount determined at the rate of--
                        ``(A) except as otherwise provided in this
                    sentence, 2.86 cents per gallon,
                        ``(B) 1.43 cents per gallon in the case of any
                    partially exempt methanol or ethanol fuel (as defined
                    in section 4041(m)) none of the alcohol in which
                    consists of ethanol,
                        ``(C) 1.86 cents per gallon in the case of
                    liquefied natural gas,
                        ``(D) 2.13 cents per gallon in the case of
                    liquefied petroleum gas, and
                        ``(E) 9.71 cents per MCF (determined at standard
                    temperature and pressure) in the case of compressed
                    natural gas.''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect as if included in the amendment made by
            section 901(b) of the Taxpayer Relief Act of 1997.

    SEC. 6004. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE
                  CONSTRUCTION.

        (a) Treatment as Exempt Facility Bond.--A bond described in
    subsection (b) shall be treated as described in section 141(e)(1)(A) of
    the Internal Revenue Code of 1986, except that--
                (1) section 146 of such Code shall not apply to such bond,
            and
                (2) section 147(c)(1) of such Code shall be applied by
            substituting ``any portion of'' for ``25 percent or more''.
        (b) Bond Described.--
                (1) In general.--A bond is described in this subsection if
            such bond is issued after the date of the enactment of this Act
            as part of an issue--
                        (A) 95 percent or more of the net proceeds of which
                    are to be used to provide a qualified highway
                    infrastructure project, and
                        (B) to which there has been allocated a portion of
                    the allocation to the project under paragraph
                    (2)(C)(ii) which is equal to the aggregate face amount
                    of bonds to be issued as part of such issue.
                (2) Qualified highway infrastructure projects.--
                        (A) In general.--For purposes of paragraph (1), the
                    term ``qualified highway infrastructure project'' means
                    a project--
                                (i) for the construction or reconstruction
                            of a highway, and
                                (ii) designated under subparagraph (B) as
                            an eligible pilot project.
                        (B) Eligible pilot project.--
                                (i) In general.--The Secretary of
                            Transportation, in consultation with the
                            Secretary of the Treasury, shall select not
                            more than 15 highway infrastructure projects to
                            be pilot projects eligible for tax-exempt
                            financing.
                                (ii) Eligibility criteria.--In determining
                            the criteria necessary for the eligibility of
                            pilot projects, the Secretary of Transportation
                            shall include the following:
                                        (I) The project must serve the
                                    general public.
                                        (II) The project is necessary to
                                    evaluate the potential of the private
                                    sector's participation in the provision
                                    of the highway infrastructure of the
                                    United States.
                                        (III) The project must be located
                                    on publicly-owned rights-of-way.
                                        (IV) The project must be publicly
                                    owned or the ownership of the highway
                                    constructed or reconstructed under the
                                    project must revert to the public.
                                        (V) The project must be consistent
                                    with a transportation plan developed
                                    pursuant to section 134(g) or 135(e) of
                                    title 23, United States Code.
                        (C) Aggregate face amount of tax-exempt
                    financing.--
                                (i) In general.--The aggregate face amount
                            of bonds issued pursuant to this section shall
                            not exceed $15,000,000,000, determined without
                            regard to any bond the proceeds of which are
                            used exclusively to refund (other than to
                            advance refund) a bond issued pursuant to this
                            section (or a bond which is a part of a series
                            of refundings of a bond so issued) if the
                            amount of the refunding bond does not exceed
                            the outstanding amount of the refunded bond.
                                (ii) Allocation.--The Secretary of
                            Transportation, in consultation with the
                            Secretary of the Treasury, shall allocate the
                            amount described in clause (i) among the
                            eligible pilot projects designated under
                            subparagraph (B).
                                (iii) Reallocation.--If any portion of an
                            allocation under clause (ii) is unused on the
                            date which is 3 years after such allocation,
                            the Secretary of Transportation, in
                            consultation with the Secretary of the
                            Treasury, may reallocate such portion among the
                            remaining eligible pilot projects.
        (c) Report.--
                (1) In general.--Not later than the earlier of--
                        (A) 1 year after either \1/2\ of the projects
                    authorized under this section have been identified or
                    \1/2\ of the total bonds allowable for the projects
                    under this section have been issued, or
                        (B) 7 years after the date of the enactment of this
                    Act,
            the Secretary of Transportation, in consultation with the
            Secretary of the Treasury, shall submit the report described in
            paragraph (2) to the Committees on Finance and on Environment
            and Public Works of the Senate and the Committees on Ways and
            Means and on Transportation and Infrastructure of the House of
            Representatives.
                (2) Contents.--The report under paragraph (1) shall
            evaluate the overall success of the program conducted pursuant
            to this section, including--
                        (A) a description of each project under the
                    program,
                        (B) the extent to which the projects used new
                    technologies, construction techniques, or innovative
                    cost controls that resulted in savings in building the
                    project, and
                        (C) the use and efficiency of the Federal tax
                    subsidy provided by the bond financing.

    SEC. 6005. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.

        (a) In General.--Section 4041(a)(1)(C)(ii) (relating to rate of tax
    on trains) is amended--
                (1) in subclause (II), by striking ``October 1, 1999'' and
            inserting ``March 1, 1999'', and
                (2) in subclause (III), by striking ``September 30, 1999''
            and inserting ``February 28, 1999''.
        (b) Conforming Amendments.--
                (1) Section 6421(f)(3)(B) is amended--
                        (A) in clause (ii), by striking ``October 1, 1999''
                    and inserting ``March 1, 1999'', and
                        (B) in clause (iii), by striking ``September 30,
                    1999'' and inserting ``February 28, 1999''.
                (2) Section 6427(l)(3)(B) is amended--
                        (A) in clause (ii), by striking ``October 1, 1999''
                    and inserting ``March 1, 1999'', and
                        (B) in clause (iii), by striking ``September 30,
                    1999'' and inserting ``February 28, 1999''.

    SEC. 6006. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN LIEU OF
                  NONTAXABLE QUALIFIED TRANSPORTATION FRINGE BENEFITS.

        (a) No Constructive Receipt.--
                (1) In general.-- Paragraph (4) of section 132(f) (relating
            to qualified transportation fringe) is amended to read as
            follows:
                ``(4) No constructive receipt.--No amount shall be included
            in the gross income of an employee solely because the employee
            may choose between any qualified transportation fringe and
            compensation which would otherwise be includible in gross
            income of such employee.''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to taxable years beginning after December 31, 1997.
        (b) Increase in maximum exclusion for employer-provided transit
    passes.--
                (1) In general.--Subparagraph (A) of section 132(f)(2)
            (relating to limitation on exclusion) is amended by striking
            ``$60'' and inserting ``$100''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to taxable years beginning after December 31, 2001.
        (c) No Inflation Adjustment for 1999.--
                (1) In general.--Paragraph (6) of section 132(f) (relating
            to qualified transportation fringe) is amended to read as
            follows:
                ``(6) Inflation adjustment.--In the case of any taxable
            year beginning in a calendar year after 1999, the dollar
            amounts contained in subparagraphs (A) and (B) of paragraph (2)
            shall be increased by an amount equal to--
                        ``(A) such dollar amount, multiplied by
                        ``(B) the cost-of-living adjustment determined
                    under section 1(f)(3) for the calendar year in which
                    the taxable year begins, by substituting `calendar year
                    1998' for `calendar year 1992'.
            If any increase determined under the preceding sentence is not
            a multiple of $5, such increase shall be rounded to the next
            lowest multiple of $5.''.
                (2) Conforming amendment.--Section 132(f)(2)(B) is amended
            by striking ``$155'' and inserting ``$175''.
                (3) Effective Date.--The amendments made by this subsection
            shall apply to taxable years beginning after December 31, 1998.
        (d) Conforming Inflation Adjustment.--
                (1) In general.--Paragraph (6) of section 132(f) (relating
            to qualified transportation fringe) is amended to read as
            follows:
                ``(6) Inflation adjustment.--
                        ``(A) Adjustment to qualified parking limitation.--
                    In the case of any taxable year beginning in a calendar
                    year after 1999, the dollar amount contained in
                    paragraph (2)(B) shall be increased by an amount equal
                    to--
                                ``(i) such dollar amount, multiplied by
                                ``(ii) the cost-of-living adjustment
                            determined under section 1(f)(3) for the
                            calendar year in which the taxable year begins,
                            by substituting `calendar year 1998' for
                            `calendar year 1992'.
                        ``(B) Adjustment to other qualified transportation
                    fringes limitation.--In the case of any taxable year
                    beginning in a calendar year after 2002, the dollar
                    amount contained in paragraph (2)(A) shall be increased
                    by an amount equal to--
                                ``(i) such dollar amount, multiplied by
                                ``(ii) the cost-of-living adjustment
                            determined under section 1(f)(3) for the
                            calendar year in which the taxable year begins,
                            by substituting `calendar year 2001' for
                            `calendar year 1992'.
                        ``(c) Rounding.--If any increase determined under
                    subparagraph (A) or (B) is not a multiple of $5, such
                    increase shall be rounded to the next lowest multiple
                    of $5.''.
                (2) Effective Date.--The amendment made by this subsection
            shall apply to taxable years beginning after December 31, 2002.

    SEC. 6007. TAX TREATMENT OF CERTAIN FEDERAL PARTICIPATION PAYMENTS.

        For purposes of the Internal Revenue Code of 1986, with respect to
    any Federal participation payment to a taxpayer in any taxable year
    made under section 149(e) of title 23, United States Code, as added by
    section 1502, to the extent such payment is not subject to tax under
    such Code for the taxable year--
                (1) no credit or deduction (other than a deduction with
            respect to any interest on a loan) shall be allowed to the
            taxpayer with respect to any property placed in service or
            other expenditure that is directly or indirectly attributable
            to the payment, and
                (2) the basis of any such property shall be reduced by the
            portion of the cost of the property that is attributable to the
            payment.

    SEC. 6008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR APPROVED
                  DIESEL OR KEROSENE TERMINALS.

        Subsection (f) of section 1032 of the Taxpayer Relief Act of 1997
    is amended to read as follows:
        ``(f) Effective Dates.--
                ``(1) Except as provided in paragraph (2), the amendments
            made by this section shall take effect on July 1, 1998.
                ``(2) The amendment made by subsection (d) shall take
            effect on July 1, 2000.''.

    SEC. 6009. REPEAL OF CERTAIN LIMITATION ON EXPENDITURES.

        (a) In General.--Section 9503(c) of the Internal Revenue Code of
    1986 (relating to expenditures from Highway Trust Fund) is amended by
    striking paragraph (7).
        (b) Effective Date.--The amendment made by this section takes
    effect as if included in the enactment of section 901 of the Taxpayer
    Relief Act of 1997.

                Attest:

                                                                 Secretary.
    105th CONGRESS

      2d Session

                                   H. R. 2400

    _______________________________________________________________________

                                   AMENDMENT

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