[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
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