[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2400
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 4, 1997
Mr. Shuster (for himself, Mr. Oberstar, Mr. Petri, and Mr. Rahall)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Building Efficient
Surface Transportation and Equity Act of 1997''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. Obligation ceiling.
Sec. 104. Apportionments.
Sec. 105. Interstate maintenance program.
Sec. 106. National Highway System.
Sec. 107. Highway bridge program.
Sec. 108. Surface transportation program.
Sec. 109. Congestion mitigation and air quality improvement program.
Sec. 110. High risk road safety improvement program.
Sec. 111. Minimum allocation.
Sec. 112. Appalachian Development Highway System.
Sec. 113. High cost Interstate System reconstruction and improvement
program.
Sec. 114. Recreational trails program.
Sec. 115. National corridor planning and development program.
Sec. 116. Coordinated border infrastructure and safety program.
Sec. 117. Federal lands highways program.
Sec. 118. National scenic byways program.
Sec. 119. Variable pricing pilot program.
Sec. 120. Toll roads, bridges, and tunnels.
Sec. 121. Construction of ferry boats and ferry terminal facilities.
Sec. 122. Highway use tax evasion projects.
Sec. 123. Performance bonus program.
Sec. 124. Metropolitan planning.
Sec. 125. Statewide planning.
Sec. 126. Roadside safety technologies.
Sec. 127. Discretionary program authorizations.
Sec. 128. Woodrow Wilson Memorial Bridge.
Sec. 129. Training.
Sec. 130. Transportation assistance for Olympic cities.
Sec. 131. National defense highways.
Sec. 132. Miscellaneous surface transportation programs.
Sec. 133. Eligibility.
Sec. 134. Fiscal, administrative, and other amendments.
Sec. 135. Access of motorcycles.
Sec. 136. Amendments to ISTEA.
Sec. 137. Bicycle transportation and pedestrian walkways.
Sec. 138. Hazard elimination program.
Sec. 139. Substitute project.
Sec. 140. Project administration.
Sec. 141. Definitions.
TITLE II--HIGHWAY SAFETY
Sec. 201. Amendments to title 23, United States Code.
Sec. 202. Highway safety programs.
Sec. 203. Highway safety research and development.
Sec. 204. Safety incentive grants.
Sec. 205. State highway safety data improvements.
Sec. 206. Alcohol-impaired driving countermeasures.
Sec. 207. National Driver Register.
Sec. 208. Blowout resistant tires.
Sec. 209. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 210. Authorizations of appropriations.
Sec. 211. Transportation injury research.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 301. Amendments to title 49, United States Code.
Sec. 302. Definitions.
Sec. 303. Metropolitan planning.
Sec. 304. Transportation improvement program.
Sec. 305. Transportation management areas.
Sec. 306. Urbanized area formula grants.
Sec. 307. Mass transit account block grants.
Sec. 308. Capital program grants and loans.
Sec. 309. Formula grants and loans for special needs of elderly
individuals and individuals with
disabilities.
Sec. 310. Formula program for other than urbanized areas.
Sec. 311. Research, development, demonstration, and training projects.
Sec. 312. National Transit Institute.
Sec. 313. University research institutes.
Sec. 314. Transportation centers.
Sec. 315. Bus testing facilities.
Sec. 316. Bicycle facilities.
Sec. 317. General provisions on assistance.
Sec. 318. Contract requirements.
Sec. 319. Special procurements.
Sec. 320. Project management oversight.
Sec. 321. Study on alcohol and controlled substances random testing
rate calculation.
Sec. 322. Administrative procedures.
Sec. 323. Reports and audits.
Sec. 324. Apportionment of appropriations for formula grants.
Sec. 325. Apportionment of appropriations for fixed guideway
modernization.
Sec. 326. Authorizations.
Sec. 327. Obligation ceiling.
Sec. 328. Access to jobs challenge grant pilot program.
Sec. 329. Sense of the Committee regarding the mass transit account.
Sec. 330. Project management oversight.
Sec. 331. Privatization.
Sec. 332. School transportation safety.
Sec. 333. Urbanized area formula study.
Sec. 334. Coordinated transportation services.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 401. Amendments to title 49, United States Code.
Sec. 402. State grants.
Sec. 403. Information systems.
Sec. 404. Automobile transporter defined.
Sec. 405. Inspections and reports.
Sec. 406. Exemptions and pilot programs.
Sec. 407. Safety regulation.
Sec. 408. Repeal of certain obsolete miscellaneous authorities.
Sec. 409. Commercial vehicle operators.
Sec. 410. Interim border safety improvement program.
Sec. 411. Vehicle weight enforcement.
Sec. 412. Participation in international registration plan and
international fuel tax agreement.
Sec. 413. Telephone hotline for reporting safety violations.
Sec. 414. Drivers with diabetes.
Sec. 415. Performance-based CDL testing.
Sec. 416. Postaccident alcohol testing.
Sec. 417. Technologies to reduce fatigue of commercial motor vehicle
operators.
Sec. 418. Safety fitness.
Sec. 419. Hazardous materials transportation regulation and farm
service vehicles.
TITLE V--PROGRAMMATIC REFORMS AND STREAMLINING
Sec. 501. Project approval and oversight.
Sec. 502. Environmental streamlining.
Sec. 503. Major investment study integration.
Sec. 504. Financial plan.
Sec. 505. Uniform transferability of Federal-aid highway funds.
Sec. 506. Discretionary grant selection criteria and process.
Sec. 507. Elimination of regional office responsibilities.
TITLE VI--TRANSPORTATION RESEARCH
Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Applicability of title 23.
Sec. 603. Transfers of funds.
Subtitle A--Surface Transportation Research, Technology, and Education
Part I--Highway Research and Technology
Sec. 611. Research.
Sec. 612. State planning and research.
Sec. 613. International highway transportation outreach program.
Part II--Transportation Education, Professional Training, and
Technology Deployment
Sec. 621. National Highway Institute.
Sec. 622. National technology deployment initiative.
Sec. 623. Education and training programs.
Sec. 624. University transportation research.
Sec. 625. Funding allocations.
Part III--Bureau of Transportation Statistics and Miscellaneous
Programs
Sec. 631. Bureau of Transportation Statistics.
Sec. 632. Transportation technology innovation and demonstration
program.
Subtitle B--Intelligent Transportation Systems
Sec. 651. Definitions.
Sec. 652. Scope of program.
Sec. 653. General authorities and requirements.
Sec. 654. National ITS program plan.
Sec. 655. Technical, training, planning, research, and operational
testing project assistance.
Sec. 656. ITS deployment.
Sec. 657. Funding allocations.
Sec. 658. Repeal.
TITLE VII--TRUTH IN BUDGETING
Sec. 701. Budgetary treatment of Highway Trust Fund, Airport and Airway
Trust Fund, Inland Waterways Trust Fund,
and Harbor Maintenance Trust Fund.
Sec. 702. Safeguards against deficit spending out of Airport and Airway
Trust Fund.
Sec. 703. Safeguards against deficit spending out of the Inland
Waterways Trust Fund and Harbor Maintenance
Trust Fund.
Sec. 704. Applicability.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate System'' has
the meaning such term has under section 101 of title 23, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. SAVINGS CLAUSE.
Except as otherwise provided in this Act, an amendment made by this
Act shall not affect any funds apportioned or allocated before the date
of the enactment of this Act.
TITLE I--FEDERAL-AID HIGHWAYS
SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise specifically 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 of law, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code, $4,019,500,000 for fiscal year 1998,
$4,462,600,000 for fiscal year 1999, and $5,006,200,000 for
fiscal year 2000.
(2) National highway system.--For the National Highway
System under section 103 of such title $4,978,500,000 for
fiscal year 1998, $5,520,500,000 for fiscal year 1999, and
$6,186,500,000 for fiscal year 2000.
(3) Bridge program.--For the bridge program under section
144 of such title $3,777,600,000 for fiscal year 1998,
$4,194,000,000 for fiscal year 1999, and $4,704,800,000 for
fiscal year 2000.
(4) Surface transportation program.--For the surface
transportation program under section 133 of such title
$5,601,400,000 for fiscal year 1998, $6,218,900,000 for fiscal
year 1999, and $6,976,300,000 for fiscal year 2000.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,406,800,000 for fiscal year 1998, $1,561,900,000 for fiscal
year 1999, and $1,752,200,000 for fiscal year 2000.
(6) High risk road safety improvement program.--For the
high risk road safety improvement program under section 154 of
such title $750,000,000 for fiscal year 1998, $1,000,000,000
for fiscal year 1999, and $1,000,000,000 for fiscal year 2000.
(7) High cost interstate system reconstruction and
improvement program.--For the high cost Interstate System
reconstruction and improvement program under section 160 of
such title $250,000,000 for fiscal year 1998, $625,000,000 for
fiscal year 1999, and $1,000,000,000 for fiscal year 2000.
(8) Discretionary programs.--For executive and legislative
branch discretionary programs authorized by this Act
$1,842,200,000 for fiscal year 1998, $2,236,200,000 for fiscal
year 1999, and $2,476,200,000 for fiscal year 2000.
(9) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 201 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App) $250,000,000 for fiscal year 1998, $400,000,000
for fiscal year 1999, and $400,000,000 for fiscal year 2000.
(10) Recreational trails program.--For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for fiscal year 2000.
(11) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of such title
$194,000,000 for fiscal year 1998, $200,000,000 for
fiscal year 1999, and $212,000,000 for fiscal year
2000.
(B) Public lands highways.--For public lands
highways under section 204 of such title $58,000,000
for fiscal year 1998, $60,000,000 for fiscal year 1999,
and $60,000,000 for fiscal year 2000.
(C) Parkways and park highways.--For parkways and
park highways under section 204 of such title
$85,300,000 for fiscal year 1998, $86,200,000 for
fiscal year 1999, and $99,000,000 for fiscal year 2000.
(D) Forest highways.--For forest highways under
section 204 of such title $113,500,000 for fiscal year
1998, $130,000,000 for fiscal year 1999, and
$130,000,000 for fiscal year 2000.
(12) Highway use tax evasion projects.--For highway use tax
evasion projects under section 1040 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105
Stat. 1992) $5,000,000 for fiscal year 1998 and $10,000,000 for
each of fiscal years 1999 and 2000.
(b) Disadvantaged Business Enterprises.--
(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
authorized to be appropriated under titles I, II, III, IV, and
VI of this Act shall be expended with small business concerns
owned and controlled by socially and economically disadvantaged
individuals.
(2) Definitions.--For purposes of this subsection, the
following definitions apply:
(A) Small business concern.--The term ``small
business concern'' has the meaning such term has under
section 3 of the Small Business Act (15 U.S.C. 632);
except that such term shall not include any concern or
group of concerns controlled by the same socially and
economically disadvantaged individual or individuals
which has average annual gross receipts over the
preceding 3 fiscal years in excess of $16,600,000, as
adjusted by the Secretary for inflation.
(B) 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
subsection.
SEC. 103. OBLIGATION CEILING.
(a) General Limitation.--Notwithstanding any other provision of law
(other than subsection (e) of this section), the total of all
obligations for Federal-aid highway programs shall not exceed--
(1) $22,300,000,000 for fiscal year 1998;
(2) $25,500,000,000 for fiscal year 1999; and
(3) $28,600,000,000 for fiscal year 2000.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations--
(1) under section 125 of title 23, United States Code;
(2) under section 157 of such title;
(3) under section 147 of the Surface Transportation
Assistance Act of 1978;
(4) under section 9 of the Federal-Aid Highway Act of 1981;
(5) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(6) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(7) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; and
(8) under section 127(b) of this Act, relating to high
priority projects.
(c) Distribution of Obligation Authority.--For each of fiscal years
1998, 1999, and 2000, the Secretary shall--
(1) not distribute amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a) of title 23, United States Code,
and amounts authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics;
(2) determine the ratio that--
(A) the obligation limitation imposed by subsection
(a) for such fiscal year less the aggregate of amounts
not distributed under paragraph (1), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway programs (other
than sums authorized to be appropriated for sections
referred to in subsection (b)) for such fiscal year
less the aggregate of amounts not distributed under
paragraph (1);
(3)(A) multiply the ratio determined under paragraph (2) by
the sums authorized to be appropriated for such fiscal year for
each of the programs that are allocated by the Secretary under
this Act and title 23, United States Code (other than the
recreational trails program and programs to which paragraph (1)
applies);
(B) not distribute such amount for each such program (other
than the recreational trails program and programs to which
paragraph (1) applies); and
(C) in administering such program, allocate such amount for
such program;
(4) distribute the obligation limitation imposed by
subsection (a) less the aggregate of amounts not distributed
under paragraphs (1) and (3) and less amounts distributed under
paragraph (5) by allocation in the ratio which sums authorized
to be appropriated for Federal-aid highway programs that are
apportioned or allocated to each State for such fiscal year and
that are subject to the limitation imposed by subsection (a)
bear to the total of the sums authorized to be appropriated for
Federal-aid highway programs that are apportioned or allocated
for such fiscal year and that are subject to the limitation
imposed by subsection (a); and
(5) distribute any amount determined under paragraph (3)
for the recreational trails program in accordance with the
formula set forth in section 104(h) of title 23, United States
Code, for such program.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall--
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highway programs that have been apportioned to a State; and
(2) after August 1 of each of fiscal years 1998, 1999, and
2000 revise a distribution of the obligation authority made
available under subsection (c) if a State will not obligate the
amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal
year giving priority to those States having large unobligated
balances of funds apportioned under sections 104 and 144 of
title 23, United States Code, under section 160 of title 23,
United States Code (as in effect on the day before the date of
the enactment of this Act), and under section 1015 of the
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-
1945).
(e) Additional Obligation Authority.--
(1) In general.--Subject to paragraphs (2) and (3), a State
which after August 1 and on or before September 30 of fiscal
year 1998, 1999, or 2000 obligates the amount distributed to
such State in such fiscal year under subsections (c) and (d)
may obligate for Federal-aid highway programs on or before
September 30 of such fiscal year an additional amount not to
exceed 5 percent of the aggregate amount of funds apportioned
or allocated to such State--
(A) under sections 104 and 144 of title 23, United
States Code, under section 160 of title 23, United
States Code (as in effect on the day before the date of
the enactment of this Act), and under section 1015 of
the Intermodal Surface Transportation Act of 1991 (105
Stat. 1943-1945), and
(B) for highway assistance projects under section
103(e)(4) of such title,
which are not obligated on the date such State completes
obligation of the amount so distributed.
(2) Limitation on additional obligation authority.--During
the period August 2 through September 30 of each of fiscal
years 1998, 1999, and 2000, the aggregate amount which may be
obligated by all States pursuant to paragraph (1) shall not
exceed 2.5 percent of the aggregate amount of funds apportioned
or allocated to all States--
(A) under sections 104 and 144 of title 23, United
States Code, under section 160 of title 23, United
States Code (as in effect on the day before the date of
the enactment of this Act), and under section 1015 of
the Intermodal Surface Transportation Act of 1991 (105
Stat. 1943-1945), and
(B) for highway assistance projects under section
103(e)(4) of such title,
which would not be obligated in such fiscal year if the total
amount of obligational authority provided by subsection (a) for
such fiscal year were utilized.
(3) Applicability.--Paragraph (1) shall not apply to any
State which on or after August 1 of each of fiscal years 1998,
1999, and 2000 has the amount distributed to such State under
subsection (c) for such fiscal year reduced under subsection
(d)(2).
(f) Applicability of Obligation Limitations to Transportation
Research Programs.--Obligation limitations for Federal-aid highways
programs established by subsection (a) shall apply to transportation
research programs carried out under chapter 3 of title 23, United
States Code, and under title VI of this Act.
(g) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation authority under subsection (a)
for each of fiscal years 1998, 1999, and 2000, the Secretary
shall distribute to the States any funds (A) that are
authorized to be appropriated for such fiscal year for Federal-
aid highway programs (other than the program under section 160
of title 23, United States Code) and for carrying out
subchapter I of chapter 311 of title 49, United States Code,
and chapter 4 of title 23, United States Code, and (B) that the
Secretary determines will not be allocated to the States, and
will not be available for obligation, in such fiscal year due
to the imposition of any obligation limitation for such fiscal
year. Such distribution to the States shall be made in the same
ratio as the distribution of obligation authority under
subsection (c)(5). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23,
United States Code.
(2) High cost interstate system reconstruction and
improvement program funds.--Not later than 30 days after the
date of the distribution of obligation authority under
subsection (c) for each of fiscal years 1998, 1999, and 2000,
the Secretary shall distribute to the States any funds that are
authorized to be appropriated for such fiscal year to carry out
the high cost interstate system reconstruction and improvement
program under section 160 of title 23, United States Code, and
that will not be available for obligation in such fiscal year
due to the imposition of any obligation limitation for such
fiscal year. Such distribution to the States shall be made in
the same ratio as funds are apportioned under section 104(b)(5)
of such title. The funds so distributed to a State shall be
credited to the State's apportionment under such section
104(b)(5).
SEC. 104. APPORTIONMENTS.
(a) Administrative Takedown.--Section 104(a) is amended to read as
follows:
``(a) Administrative Takedown.--Whenever an apportionment is made
of the sums authorized to be appropriated for expenditure on Interstate
maintenance, the National Highway System, the bridge program, the
surface transportation program, the congestion mitigation and air
quality improvement program, the high risk road safety program, the
high cost interstate system reconstruction and improvement program, the
national corridor planning and development program, the border
infrastructure and safety program, and the Federal lands highways
program, the Secretary shall deduct a sum, in such amount not to exceed
1\1/2\ percent of all sums so authorized, as the Secretary may deem
necessary for administering the provisions of law to be financed from
appropriations for the Federal-aid highway program. In making such
determination, the Secretary shall take into account the unobligated
balance of any sums deducted for such purposes in prior years. The sums
so deducted shall remain available until expended. The Secretary may
not transfer any of such sums to a Federal entity other than the
Federal Highway Administration.''.
(b) Apportionments.--Section 104(b) is amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
Interstate maintenance, the National Highway System, the surface
transportation program, the congestion mitigation and air quality
improvement program, and the high risk road safety program for that
fiscal year, among the several States in the following manner:
``(1) National highway system.--For the National Highway
System, 1 percent to the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands and the
remaining 99 percent apportioned as follows:
``(A) In the case of a State with an average
population density of 20 persons or fewer per square
mile, and in the case of a State with a population of
1,500,000 persons or fewer and with a land area of
10,000 square miles or less, the greater of--
``(i) a percentage share of the remaining
apportionments equal to the percentage
specified for the State in section 104(h)(1) of
the Building Efficient Surface Transportation
and Equity Act of 1997; or
``(ii) a share determined under
subparagraph (B).
``(B) Subject to subparagraph (A), in the case of
any State for which the apportionment is not determined
under subparagraph (A)(i), a share of the remaining
apportionments determined in accordance with the
following formula:
``(i) \1/9\ of the remaining apportionments
in the ratio that the total rural lane miles in
each State bears to the total rural lane miles
in all States for which the apportionment is
not determined under subparagraph (A)(i).
``(ii) \1/9\ of the remaining
apportionments in the ratio that the total
rural vehicle miles traveled in each State
bears to the total rural vehicle miles traveled
in all States for which the apportionment is
not determined under subparagraph (A)(i).
``(iii) \2/9\ of the remaining
apportionments in the ratio that the total
urban lane miles in each State bears to the
total urban lane miles in all States for which
the apportionment is not determined under
subparagraph (A)(i).
``(iv) \2/9\ of the remaining
apportionments in the ratio that the total
urban vehicle miles traveled in each State
bears to the total urban vehicle miles traveled
in all States for which the apportionment is
not determined under subparagraph (A)(i).
``(v) \3/9\ of the remaining apportionments
in the ratio that each State's annual
contributions to the Highway Trust Fund (other
than the Mass Transit Account) attributable to
commercial vehicles bear to the total of such
annual contributions by all States for which
the apportionment is not determined under
subparagraph (A)(i).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) Formula.--For the congestion mitigation and
air quality improvement program, in the ratio which the
weighted nonattainment and maintenance area populations
of each State bear to the total weighted nonattainment
and maintenance area population of all States.
``(B) Calculation of weighted population.--Such
weighted population shall be calculated by multiplying
the population of each area within any State that was a
nonattainment or maintenance area as described in
subsection 149(b) for ozone, carbon monoxide, or
particulate matter by a factor of--
``(i) 1.0 if, at the time of the
apportionment, the area has been redesignated
as an attainment (maintenance) area under
section 107(d) of the Clean Air Act;
``(ii) 1.1 if, at the time of
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;
``(iii) 1.2 if, at the time of
apportionment, the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iv) 1.3 if, at the time of
apportionment, the area is classified as a
serious ozone nonattainment area under such
subpart;
``(v) 1.4 if, at the time of apportionment,
the area is classified as a severe ozone
nonattainment area under such subpart;
``(vi) 1.5 if, at the time of
apportionment, the area is classified as an
extreme ozone nonattainment area under such
subpart; or
``(vii) 1.2. if, at the time of
apportionment, the area is not a nonattainment
or maintenance area as described in subsection
149(b) of this title for ozone, but is a
nonattainment area for carbon monoxide or
particulate matter.
``(C) Additional factors.--If the area was also
classified under subpart 3 or 4 of part D of title I of
the Clean Air Act as a nonattainment area described in
section 149(b) for carbon monoxide or particulate
matter or both, the weighted nonattainment 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. For an area that is a
nonattainment area for both carbon monoxide and for
particulate matter and the area's weighted population
was determined under clause (vii) of subparagraph (B),
the area's weighted population shall be further
multiplied by a factor of 1.2. For such areas, the
population to which this factor is applied shall be the
larger of the carbon monoxide and the particulate
matter nonattainment area populations.
``(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. The Secretary shall
use annual estimates prepared by the Secretary of
Commerce when determining population figures.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, 2 percent to the State of Alaska for any
purpose described in section 133(b) and the remaining
98 percent apportioned as follows:
``(i) \1/3\ in the ratio that each State's
total population bears to the total population
of all States, using the latest available
annual updates to the Federal decennial census,
as prepared by the Secretary of Commerce;
``(ii) \1/3\ in the ratio that each State's
annual contributions to the Highway Trust Fund
(other than the Mass Transit Account)
attributable to commercial vehicles bear to the
total of such annual contributions by all
States; and
``(iii) \1/3\ in the ratio that each
State's annual contributions to the Highway
Trust Fund (other than the Mass Transit
Account) bear to the total of such annual
contributions by all States.
``(B) Adjustment.--The amount of funds which, but
for this subparagraph, would be apportioned to each
State for each fiscal year under subparagraph (A) shall
be increased or decreased by an amount which, when
added to or subtracted from the aggregate amount of
funds apportioned or allocated to such State for such
fiscal year for Interstate maintenance, National
Highway System, surface transportation program, bridge
program, congestion mitigation and air quality
improvement program, high risk road safety program,
recreational trails program, Appalachian Development
Highway System program, and metropolitan planning will
ensure that the aggregate of such apportionments to any
State that does not contribute to the Highway Trust
Fund does not exceed the aggregate of such
apportionments to any State that does contribute to the
Highway Trust Fund.
``(4) High risk road safety improvement program.--For the
high risk road safety improvement program--
``(A) \1/3\ in the ratio that each State's total
population bears to the total population of all States,
using the latest available annual updates to the
Federal decennial census, as prepared by the Secretary
of Commerce;
``(B) \1/3\ in the ratio that each State's total
public road mileage bears to the total public road
mileage of all States; and
``(C) \1/3\ in the ratio that the total vehicle
miles traveled on public roads in each State bear to
the total vehicle miles traveled on public roads in all
States.
``(5) Interstate maintenance.--For resurfacing, restoring,
rehabilitating, and reconstructing the Interstate System--
``(A) \1/3\ in the ratio that each State's annual
contributions to the Highway Trust Fund (other than the
Mass Transit Account) attributable to commercial
vehicles bear to the total of such annual contributions
by all States;
``(B) \1/3\ in the ratio that the total vehicle
miles traveled on Interstate routes open to traffic on
the date of the enactment of the Building Efficient
Surface Transportation and Equity Act of 1997 in each
State bear to the total vehicle miles traveled on such
routes in all States; and
``(C) \1/3\ in the ratio that the total lane miles
on such routes in each State bear to the total lane
miles on such routes in all States.''.
(c) Conforming Amendments.--Section 104(d) is amended--
(1) in the subsection heading by striking ``and High Speed
Rail Corridors'';
(2) by striking ``(1) Operation lifesaver.--'' and moving
the text of paragraph (1) so that it follows the subsection
heading; and
(3) by striking paragraphs (2) and (3).
(d) Certification of Apportionments.--Section 104(e) is amended--
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it
appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 of title 23,
United States Code, on or before the 21st of a fiscal year,
then the Secretary shall transmit, on or before such 21st day,
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a written statement of the reason
for not making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1), as designated by paragraph
(2) of this subsection, and aligning such paragraph (1) with
paragraph (2) of such section, as added by paragraph (6) of
this subsection.
(e) Metropolitan Planning Setaside.--Section 104(f) is amended--
(1) in paragraph (1) by striking ``, except'' and all that
follows through ``substitute programs''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such title is
revised to read as follows:
``(h) Recreational Trails Program.--
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out the
recreational trails program under section 206, the Secretary
shall deduct an amount, not to exceed 3 percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Secretary
may enter into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
``(A) 50 percent of that amount shall be
apportioned equally among eligible States.
``(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway recreational
fuel use in each of those States during the preceding
year.''.
(g) Cross Reference Corrections.--
(1) Interstate maintenance program.--Sections 119(a) and
119(f) are each amended by striking ``104(b)(5)(B)'' each place
it appears and inserting ``104(b)(5)''.
(2) Fringe and corridor parking facilities.--Section
137(f)(1) is amended by striking ``section 104(b)(5)(B) of this
title'' and inserting ``section 104(b)(5)''.
(3) Additions to interstate system.--Section 139 is amended
by striking ``section 104(b)(5)(B) of this title'' each place
it appears and inserting ``section 104(b)(5)''.
(4) Accommodation of other modes.--Section 142(c) is
amended by striking ``section 104(b)(5)(A)'' and inserting
``section 104(b)(5)''.
(5) minimum drinking ages.--Section 158 is amended--
(A) by striking ``104(b)(2), 104(b)(5), and
104(b)(6)'' each place it appears in subsection (a) and
inserting ``104(b)(3), and 104(b)(5)'';
(B) in the heading to subsection (b) is amended by
striking ``Period of Availability;''; and
(C) in subsection (b)--
(i) by striking ``(1)'' the first place it
appears and all that follows through ``No
funds'' and inserting ``No funds''; and
(iii) by striking paragraphs (2), (3), and
(4).
(6) Suspension of licenses of individuals convicted of drug
offenses.--Section 159(b) is amended--
(A) by striking ``Period of Availability;'' in the
subsection heading; and
(B) by striking ``(1)'' the first place it appears
and all that follows through ``(B) No'' and inserting
``No''; and
(C) by striking paragraphs (2), (3), and (4).
(7) Operation of motor vehicles by intoxicated minors.--
Section 161(a) is amended by striking ``(B)'' each place it
appears.
(h) State Percentages for National Highway System Apportionments.--
(1) In general.--The percentage referred to in section
104(b)(1) of title 23, United States Code, for each State shall
be determined in accordance with the following table:
States: Adjustment percentage
Alabama............................................ 2.02
Alaska............................................. 1.24
Arizona............................................ 1.68
Arkansas........................................... 1.32
California......................................... 9.81
Colorado........................................... 1.23
Connecticut........................................ 1.64
Delaware........................................... 0.40
District of Columbia............................... 0.52
Florida............................................ 4.77
Georgia............................................ 3.60
Hawaii............................................. 0.70
Idaho.............................................. 0.70
Illinois........................................... 3.71
Indiana............................................ 2.63
Iowa............................................... 1.13
Kansas............................................. 1.10
Kentucky........................................... 1.91
Louisiana.......................................... 1.63
Maine.............................................. 0.50
Maryland........................................... 1.64
Massachusetts...................................... 1.68
Michigan........................................... 3.34
Minnesota.......................................... 1.56
Mississippi........................................ 1.23
Missouri........................................... 2.45
Montana............................................ 0.95
Nebraska........................................... 0.73
Nevada............................................. 0.67
New Hampshire...................................... 0.48
New Jersey......................................... 2.28
New Mexico......................................... 1.05
New York........................................... 4.27
North Carolina..................................... 2.83
North Dakota....................................... 0.76
Ohio............................................... 3.77
Oklahoma........................................... 1.55
Oregon............................................. 1.23
Pennsylvania....................................... 4.12
Puerto Rico........................................ 0.50
Rhode Island....................................... 0.55
South Carolina..................................... 1.63
South Dakota....................................... 0.70
Tennessee.......................................... 2.30
Texas.............................................. 7.21
Utah............................................... 0.71
Vermont............................................ 0.43
Virginia........................................... 2.61
Washington......................................... 1.75
West Virginia...................................... 0.76
Wisconsin.......................................... 1.91
Wyoming............................................ 0.66.
(2) Additional rule.--Any State with lane miles on the
National Highway System totaling between 3,500 and 4,000 miles
shall be treated as a State meeting the requirements of section
104(b)(1)(A) of title 23, United States Code, for purposes of
such section.
(i) Use of Most Up-to-Date Data.--The Secretary shall use the most
up-to-date data available for the latest fiscal year for the purposes
of making apportionments under this section and section 157 of title
23, United States Code.
SEC. 105. INTERSTATE MAINTENANCE PROGRAM.
Section 119 is further amended--
(1) in subsection (a)--
(A) by striking ``and rehabilitating'' and
inserting ``, rehabilitating, and reconstructing'';
(B) by striking ``of this title and'' and inserting
a comma;
(C) by striking ``this sentence'' and inserting
``the Building Efficient Surface Transportation and
Equity Act of 1997'';
(D) by striking ``of this title;'' and inserting
``, and any segments that become part of the Interstate
System under section 1105(e)(5) of the Intermodal
Surface Transportation Efficiency Act of 1991;''; and
(E) by striking ``subsection (e)'' and inserting
``section 129 or continued in effect by section 1012(d)
of the Intermodal Surface Transportation Efficiency Act
of 1991 and not voided by the Secretary under section
120(c) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 159)'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as
subsections (b), (c), and (d), respectively.
SEC. 106. NATIONAL HIGHWAY SYSTEM.
(a) Components.--Section 103(b) is amended--
(1) by striking the last 4 sentences of paragraph (2)(B);
(2) in paragraph (2)(C) by striking ``and be subject to
approval by Congress in accordance with paragraph (3)''; and
(3) in paragraph (2)(D) by striking ``and subject to
approval by Congress in accordance with paragraph (3)''.
(b) Maximum Mileage.--Section 103(b) is amended--
(1) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 155,000 miles; except
that the Secretary may increase or decrease such maximum
mileage by not to exceed 15 percent.''; and
(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
(c) Designation.--Section 103(b)(4), as so redesignated by
subsection (b)(2) of this section, is amended--
(1) by inserting ``(A) Basic system.--'' before ``The
National'';
(2) by inserting after subparagraph (A), as so designated
by paragraph (1) of this subsection, the following:
``(B) Intermodal connectors.--The modifications to
the National Highway System that consist of highway
connections to major ports, airports, international
border crossings, public transportation and transit
facilities, interstate bus terminals, and rail and
other intermodal transportation facilities, as
submitted to Congress by the Secretary on the map dated
May 24, 1996, are designated within the United States,
including the District of Columbia and the Commonwealth
of Puerto Rico.''; and
(3) by indenting such subparagraph (A) and aligning it with
subparagraph (B), as inserted by paragraph (2) of this
subsection.
(d) Modifications.--Section 103(b)(5)(A), as redesignated by
subsection (b)(2) of this section, is amended by inserting ``or, in the
case of the strategic highway network, that are proposed by the
Secretary in consultation with appropriate Federal agencies and the
States'' before ``if the Secretary''.
(e) Conforming Amendments.--Section 103(b) is amended--
(1) in paragraph (5), as redesignated by subsection (b)(2)
of this section, by striking ``Subject to paragraph (7), the''
and inserting ``The'';
(2) by striking paragraph (7);
(3) by redesignating paragraph (8) as paragraph (6); and
(4) in paragraph (6), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (4)''.
(f) Technical Amendment.--Section 103 is amended--
(1) by redesignating paragraphs (1) through (13) of
subsection (i) as subparagraphs (A) through (M), respectively;
(2) by redesignating subsection (i) as paragraph (7);
(3) by moving such paragraph (7) (including such
subparagraphs) to the end of subsection (b); and
(4) by moving such paragraph (7) (including such
subparagraphs) 2 ems to the right.
(g) Effect on Existing Apportionments.--The amendments made by this
section shall not affect funds apportioned or allocated under title 23,
United States Code, before the date of the enactment of this Act.
(h) Intermodal Freight Connectors Study.--
(1) Report.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall review the condition
of and improvements made to connectors on the National Highway
System approved by this Act that serve seaports, airports, and
other intermodal freight transportation facilities since the
designation of the National Highway System and shall report to
Congress on the results of such review.
(2) Review.--In preparing the report, the Secretary shall
review the connectors designated by this Act as part of the
National Highway System and identify projects carried out on
those connectors which were intended to provide and improve
service to an intermodal facility referred to in paragraph (1)
and to facilitate the efficient movement of freight, including
movements of freight between modes.
(3) Identification of impediments.--If the Secretary
determines on the basis of the review that there are
impediments to improving the connectors serving intermodal
facilities referred to in paragraph (1), the Secretary shall
identify such impediments, including any funding for such
connectors, and make any appropriate recommendations as part of
the Secretary's report to Congress.
(i) Highway Signs on the National Highway System.--
(1) Competition.--The Secretary shall conduct in accordance
with this subsection a national children's competition to
design a national logo sign for the routes comprising the
National Highway System. Children 14 years of age and under
shall be eligible for such competition.
(2) Panel of judges.--The Secretary shall appoint a panel
of not less than 6 persons to evaluate all designs submitted
under the competition and select a winning design. The panel
shall be composed of--
(A) a representative of the Department of
Transportation;
(B) a representative designated by the American
Association of State Highway and Transportation
Officials;
(C) a representative of the motor carrier industry;
(D) a representative of private organizations
dedicated to advancement of the arts; and
(E) a representative of the motoring public.
(3) Report and plan.--Not later than 24 months after the
date of the enactment of this section, the Secretary shall
initiate and complete the competition and 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 results of the competition,
a plan for the placement of logo signs on the National Highway
System, and an estimate of the cost of implementing such plan.
SEC. 107. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) is amended by inserting
before the period at the end of the fourth sentence the following: ``,
and, if a State transfers funds apportioned to it under this section in
a fiscal year beginning after September 30, 1997, to any other
apportionment of funds to such State under this title, the total cost
of deficient bridges in such State and in all States to be determined
for the succeeding fiscal year shall be reduced by the amount of such
transferred funds''.
(b) Discretionary Bridge Set Aside.--Section 144(g)(1) is amended--
(1) by inserting ``(A) Fiscal years 1992 through 1997.--''
before ``Of the amounts'';
(2) by adding at the end the following:
``(B) Fiscal years 1998 through 2000.--The amounts
authorized for each of fiscal years 1998, 1999, and
2000 by section 127(a)(1) of the Building Efficient
Surface Transportation and Equity Act of 1997 shall be
at the discretion of the Secretary.''; and
(3) by indenting subparagraph (A), as so designated by
paragraph (2) of this subsection, and aligning such
subparagraph (A) with subparagraph (B), as inserted by
paragraph (2) of this subsection.
(c) Off System Bridge Set Aside.--Section 144(g)(3) is amended--
(1) by striking ``, 1988'' and all that follows through
``1997,'' and inserting ``through 2000,''; and
(2) by striking ``system'' each place it appears and
inserting ``highway''.
(d) Eligibility.--Section 144 is amended--
(1) in subsection (d) by inserting after ``magnesium
acetate'' the following: ``or agriculturally derived,
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions or installing scour countermeasures'';
(2) in subsection (d) by inserting after ``such acetate''
each place it appears the following: ``or such anti-icing or
de-icing composition or installation of such countermeasures'';
and
(3) in subsection (g)(3) by inserting after ``magnesium
acetate'' the following: ``or agriculturally derived,
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions or install scour countermeasures''.
(e) Conforming Amendment.--Section 144(n) is amended by striking
``system'' and inserting ``highway''.
SEC. 108. SURFACE TRANSPORTATION PROGRAM.
(a) Establishment of Program.--Section 133(a) is amended by
inserting after ``establish'' the following: ``and implement.''.
(b) Application of Anti-icing and De-icing Compositions to
Bridges.--Section 133(b)(1) is amended by inserting after ``magnesium
acetate'' the following: ``or agriculturally derived, environmentally
acceptable, minimally corrosive anti-icing and de-icing compositions''.
(c) Transportation Control Measures.--Section 133(b)(9) is amended
by striking ``clauses (xii) and'' and inserting ``clause''.
(d) Environmental Restoration and Pollution Abatement Projects.--
Section 133(b) is amended by adding at the end the following:
``(12) Environmental restoration and pollution abatement
projects, including the retrofit or construction of storm water
treatment systems, to address water pollution or environmental
degradation caused or contributed to by existing transportation
facilities at the time such 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.''.
(e) Division of Funds.--Section 133(d)(3)(B) is amended by adding
at the end the following: ``Notwithstanding subsection (c), up to 15
percent of the amounts required to be obligated under this subparagraph
may be obligated on roads functionally classified as minor
collectors''.
(f) Program Approval.--Section 133(e)(2) is amended to read as
follows:
``(2) Program approval.--Each State shall submit a project
agreement for each fiscal year, certifying that the State will
meet all the requirements of this section and notifying the
Secretary of the amount of obligations needed to administer the
surface transportation program. Each State shall request
adjustments to the amount of obligations as needed. The
Secretary's approval of the project agreement shall be deemed a
contractual obligation of the United States for the payment of
surface transportation program funds provided under this
title.''.
(g) Conforming Amendment.--Section 134(f) is amended by striking
``6-fiscal year period 1992 through 1997'' and inserting ``fiscal years
for which funds are made available by the Building Efficient Surface
Transportation and Equity Act of 1997''.
SEC. 109. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Establishment of Program.--Section 149(a) is amended by
inserting after ``establish'' the following: ``and implement''.
(b) Currently Eligible Projects.--Section 149(b) is amended--
(1) in paragraph (1)(A) by striking ``clauses (xii) and'';
and inserting ``clause'';
(2) by striking ``or'' at the end of paragraph (3);
(3) by striking ``standard.'' at the end of paragraph (4)
and inserting ``standard; or'';
(4) by inserting after paragraph (4) the following:
``(5) if the program or project would have been eligible
for funding on or before September 30, 1997, under guidance
issued by the Secretary to implement this section.''; and
(5) by striking the second sentence and inserting the
following: ``Funds may be provided under this section for a
project which will result in the construction of new capacity
available to single occupant vehicles and available to high
occupancy vehicles if the project is otherwise eligible for
assistance under this section.''.
(c) Study of Effectiveness of CMAQ Program.--
(1) Study.--The Secretary shall request the National
Academy of Sciences to study the impact of the congestion
mitigation and air quality improvement program on the air
quality of nonattainment areas. The study shall, at a minimum--
(A) determine the amount of funds obligated under
such program in each nonattainment area and to make a
comprehensive analysis of the types of projects funded
under such program;
(B) identify any improvements to or degradations of
the air quality in each nonattainment area; and
(C) measure the impact of the projects funded under
such program on the air quality of each nonattainment
area.
(2) Report.--Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, 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 results of the study with
recommendations for modifications to the congestion mitigation
and air quality improvement program in light of the results of
the study.
(3) Funding.--Before making the apportionment of funds
under section 104(b)(2) for each of fiscal years 1998 and 1999,
the Secretary shall deduct from the amount to be apportioned
under such section for such fiscal year, and make available,
$500,000 for such fiscal year to carry out this subsection.
SEC. 110. HIGH RISK ROAD SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Chapter 1 is amended by inserting after section
153 the following:
``Sec. 154. High risk road safety improvement program
``(a) Establishment.--The Secretary shall establish and implement a
high risk road safety improvement program in accordance with this
section.
``(b) Eligible Projects.--A State may obligate funds apportioned to
it under section 104(b)(4) only for construction and operational
improvement projects on high risk roads and only if the primary purpose
of the project is to improve highway safety on a high risk road.
``(c) State Allocation System.--Each State shall establish a system
for allocating funds apportioned to it under section 104(b)(4) among
projects eligible for assistance under this section that have the
highest benefits to highway safety. Such system may include a safety
management system established by the State under section 303 or a
survey established pursuant to section 152(a).
``(d) Transferability.--A State may transfer not to exceed 50
percent of the amount of funds apportioned to it under section
104(b)(4) for any fiscal year to the apportionment of such State under
section 104(b)(1) or 104(b)(3) or both.
``(e) Applicability of Planning Requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135.
``(f) Definitions.--In this section, the following definitions
apply:
``(1) High risk road.--The term `high risk road' means any
Federal-aid highway or segment of a Federal-aid highway--
``(A) on which a significant number of severe motor
vehicle crashes occur; or
``(B) which has current, or will likely have,
increases in traffic volume that are likely to create a
potential for severe crash consequences in a
significant number of motor vehicle crashes.
``(2) Severe crash.--The term `severe crash' means a motor
vehicle crash in which a fatality or incapacitating injury
occurs.''.
(b) Conforming Amendment.--The table of sections for chapter 1 is
amended by inserting after the item relating to section 153 the
following:
``154. High risk road safety improvement program.''.
SEC. 111. MINIMUM ALLOCATION.
(a) General Rules.--Section 157(a) is amended--
(1) in paragraph (4)--
(A) by striking ``Thereafter'' and inserting
``Fiscal years 1992-1997; and
(B) by striking ``fiscal years 1992 and each fiscal
year thereafter'' and inserting ``each of fiscal years
1992 through 1997''; and
(2) by adding at the end the following new paragraph:
``(5) Thereafter.--In fiscal year 1998 and each fiscal year
thereafter on October 1, or as soon as possible thereafter, the
Secretary shall allocate among the States amounts sufficient to
ensure that a State's percentage of the total apportionments in
each such fiscal year for Interstate maintenance, the National
Highway System, the bridge program, the surface transportation
program, the congestion mitigation and air quality improvement
program, the high risk road safety improvement program, the
recreational trails program, the Appalachian Development
Highway System program, and metropolitan planning shall not be
less than 95 percent of the 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.''.
(b) Availability of Funds.--Section 157(b) is amended--
(1) by inserting before ``Amounts allocated'' the
following: ``Availability of Funds'';
(2) by striking ``Interstate highway substitute,'' and all
that follows through ``crossing projects'' and inserting ``any
purpose described in section 133(b)''; and
(3) by inserting before the period at the end ``and section
103(c) of the Building Efficient Surface Transportation and
Equity Act of 1997''.
(c) Conforming Amendments.--Section 157 is further amended--
(1) in subsection (d) by striking ``154(f) or''; and
(2) in subsection (e) by inserting before ``In order'' the
following: ``Authorization of Appropriations.--''.
(d) Minimum Allocation Adjustment.--If the Secretary--
(1) determines that--
(A) the ratio of--
(i) the aggregate of funds made available
by this Act, including any amendments made by
this Act, that are apportioned to a State for
Federal-aid highway programs (including funds
allocated to the State under section 157 of
title 23, United States Code) for fiscal year
1998, 1999, or 2000, to
(ii) the aggregate of such funds
apportioned to all States for such programs for
such fiscal year, is less than
(B) the ratio of--
(i) 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, to
(ii) the estimated tax payments
attributable to highway users in all States
paid into such Trust Fund in such latest fiscal
year; and
(2) determines that--
(A) the ratio determined under paragraph (1)(A)(i),
is less than
(B) the ratio of--
(i) the aggregate of funds made available
by the Intermodal Surface Transportation
Efficiency Act of 1991, including any
amendments made by such Act, and section 202 of
the National Highway System Designation Act of
1995 that are apportioned to the State for
Federal-aid highway programs (other than
Federal lands highway programs and projects
under sections 1103-1108 of the Intermodal
Surface Transportation Efficiency Act of 1991)
for fiscal years 1992 through 1997, to
(ii) the aggregate of such funds
apportioned to all States for such programs for
such fiscal years;
the Secretary shall allocate under such section 157 to the State
amounts sufficient to ensure that the State's percentage of total
apportionments for Federal-aid highway programs (including allocations
under such section 157) for such fiscal year 1998, 1999, or 2000 under
this Act, including any amendments made by this Act, is equal to the
State's percentage of total apportionments for Federal-aid highway
programs (other than Federal lands highway programs and projects under
sections 1103-1008 of the Intermodal Surface Transportation Efficiency
Act of 1991) for fiscal year 1997 under the Intermodal Surface
Transportation Efficiency Act of 1991, including any amendments made by
such Act, and section 202 of the National Highway System Designation
Act of 1995. The allocation shall be made on October 1 of such fiscal
year 1998, 1999, or 2000 or as soon as possible thereafter and shall be
in addition to any other allocation to the State under such section 157
for such fiscal year.
SEC. 112. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds made
available by section 102 for fiscal years 1998, 1999, and 2000 among
the States based on the latest available cost to complete estimate for
the Appalachian Development Highway System prepared by the Appalachian
Regional Commission, unless the Appalachian Regional Commission adopts
a alternative method for distribution. In general, no State containing
Appalachian Development Highway System routes shall receive an
apportionment of less than $1,000,000. For fiscal years 1999 and 2000,
any alternative method for distribution adopted by the Appalachian
Regional Commission must be communicated to the Secretary at least 30
days prior to the beginning of the fiscal year in which the
apportionment is to be made. Such funds shall be available to construct
highways on such system.
(b) Applicability of Title 23.--Funds authorized by section 102 of
this Act for the Appalachian development highway system under section
201 of the Appalachian Regional Development Act of 1965 shall be
available for obligation in the same manner as if such 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 section
shall be determined in accordance with such section 201 and such funds
shall remain available until expended.
(c) Federal Share for Pre-Financed Projects.--Section 201(h)(1) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ``70'' and inserting ``80''.
(d) Deduction for Administrative Expenses.--Section 201 of such Act
is amended by adding at the end the following new subsection:
``(i) Deduction for Administrative Expenses.--On October 1 of each
fiscal year, or as soon as is practicable thereafter, there shall be
deducted, for the expenses of the Appalachian Regional Commission in
administering the funds authorized under this section for such year,
not to exceed 3.75 percent of the funds made available for such year
under subsection (g) of this section.''.
SEC. 113. HIGH COST INTERSTATE SYSTEM RECONSTRUCTION AND IMPROVEMENT
PROGRAM.
(a) In General.--Section 160 is amended to read as follows:
``Sec. 160. High cost interstate system reconstruction and improvement
program
``(a) Establishment.--The Secretary shall establish and implement a
high cost interstate system reconstruction and improvement program in
accordance with this section.
``(b) Eligible Projects.--Funds made available to carry out the
high cost interstate reconstruction and improvement program under this
section for a fiscal year shall be available for obligation by the
Secretary for any major reconstruction or improvement project to any
highway designated as part of the Interstate System and open to traffic
before the date of the enactment of the Building Efficient Surface
Transportation and Equity Act of 1997. Such funds shall be made
available by the Secretary to any State applying for such funds only if
the Secretary determines that--
``(1) the total cost of the project is greater than the
lesser of $200,000,000 or 50 percent of the aggregate amount of
funds apportioned to the State under this title for such fiscal
year;
``(2) the project is a ready-to-commence project;
``(3) the State agrees that it will not transfer funds
apportioned to it under section 104(b)(5) for such fiscal year
to any other program category; and
``(4) the applicant agrees to obligate the funds within 1
year of the date the funds are made available.
``(c) Allocation of Funds.--Of the funds made available to carry
out the program under this section, the Secretary shall allocate--
``(1) not less than $165,000,000 for fiscal year 1998,
$412,500,000 for fiscal year 1999, and $660,000,000 for fiscal
year 2000 among States in the ratio that the estimated cost of
carrying out projects determined by the Secretary to be
eligible for funding under subsection (b) in each State bears
to the estimated cost of carrying out such projects in all of
the States; and
``(2) at the discretion of the Secretary, not more than the
amounts set forth in section 127(a)(2) for each of fiscal years
1998, 1999, and 2000 for projects eligible for assistance under
this section to--
``(A) meet an extraordinary need for funding; or
``(B) help expedite completion of a project of
national significance.
``(d) Unallocated Funds.--
``(1) Apportionment.--If, on August 1 of fiscal year 1998
and each fiscal year thereafter, the Secretary determines that
funds authorized to be allocated in such fiscal year for the
program under this section will not be allocated in such fiscal
year as a result of not enough projects being eligible for
assistance under this section, the Secretary shall apportion
under section 104(b)(5) such funds among the States for the
Interstate maintenance program.
``(2) Redistribution of obligation authority.--The
Secretary shall also redistribute on such August 1 any
obligation authority that is allocated for the fiscal year
under section 103(c)(4) of the Building Efficient Surface
Transportation and Equity Act of 1997 attributable to the
program under this section and that the Secretary determines
will not be used before September 30 of such fiscal year among
the States (other than a State from which obligation authority
for such fiscal year is redistributed under section 103(d) of
such Act) in the same ratio as set forth in section 103(c)(5)
of such Act.
``(e) Applicability of Planning Requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135.
``(f) Future Allocations.--
``(1) Determinations.--The Secretary shall, in cooperation
with States and affected metropolitan planning organizations,
determine--
``(A) the expected condition of the Interstate
System over the next 10 years and the needs of States
and metropolitan planning organizations to reconstruct
and improve the Interstate System; and
``(B) a method to allocate funds made available
under this section that would--
``(i) address the needs identified in
subparagraph (A);
``(ii) provide a fair and equitable
distribution of such funds; and
``(iii) allow for States to address any
extraordinary needs.
``(2) Report.--The determination made under paragraph (1)
shall be submitted to Congress in a report not later than
January 1, 2000.''.
(b) Conforming Amendment.--The table of sections for chapter 1 is
amended by striking the item relating to section 160 and inserting the
following:
``160. High cost interstate system reconstruction and improvement
program.''.
SEC. 114. 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) In General.--The Secretary, in consultation with the
Secretary of the Interior and the Secretary of Agriculture, shall
administer a national program for the purposes of providing and
maintaining recreational trails.
``(b) Statement of Intent.--Funds made available to carry out the
recreational trails program under this section are to be derived from
revenues collected through motor fuel taxes from nonhighway users and
are to be used on trails and trail-related projects which have been
planned and developed under the otherwise existing laws, policies, and
administrative procedures within each State, and which are identified
in, or which further a specific goal of, a trail plan included or
referenced in 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) State Eligibility.--A State shall be eligible to obligate
funds apportioned to it under section 104(h) only if--
``(1) the Governor of the State has designated the State
agency or agencies that will be responsible for administering
funds received under this section; and
``(2) a recreational trail advisory committee on which both
motorized and nonmotorized recreational trail users are fairly
represented exists within the State.
``(d) Federal Share Payable.--
``(1) In general.--Except as provided in paragraphs (2),
(3), (4), and (5), the Federal share payable on account of a
project under this section shall not exceed 50 percent.
``(2) Federal agency project sponsor.--Notwithstanding any
other provision of law, a Federal agency sponsoring a project
under this section may contribute additional Federal funds
toward a project's cost if the share attributable to the
Secretary does not exceed 50 percent and the share attributable
to the Secretary and the Federal agency jointly does not exceed
80 percent.
``(3) Allowable match from federal programs.--The following
Federal programs may be used to contribute additional Federal
funds toward a project's cost and may be accounted for as
contributing to the non-Federal share:
``(A) State and Local Fiscal Assistance Act of 1972
(Public Law 92-512).
``(B) HUD Community Development Block Grants
(Public Law 93-383).
``(C) Public Works Employment Act of 1976 (Public
Law 94-369).
``(D) Acts establishing national heritage corridors
and areas.
``(E) Job Training Partnership Act of 1982 (Public
Law 97-300).
``(F) National and Community Service Trust Act of
1993 (Public Law 103-82).
``(G) Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-93).
``(4) Programmatic non-federal share.--A State may allow
adjustments of the non-Federal share of individual projects in
a fiscal year if the total Federal share payable for all
projects within the State carried out under this section with
funds apportioned to the State under section 104(h) for such
fiscal year does not exceed 50 percent. For purposes of this
paragraph, a project funded under paragraph (2) or (3) of this
subsection may not be included in the calculation of the
programmatic non-Federal share.
``(5) State administrative costs.--The Federal share
payable on account of the administrative costs of a State under
subsection (e)(1)(A) shall be determined in accordance with
section 120(b).
``(e) Use of Funds.--
``(1) Permissible uses.--A State may use funds apportioned
to it under section 104(h)--
``(A) in an amount not exceeding 7 percent of such
funds, for administrative costs of the State;
``(B) in an amount not exceeding 5 percent of such
funds, for operation of environmental protection
education and safety education programs relating to the
use of recreational trails;
``(C) for development and rehabilitation of urban
trail linkages to provide connections to and among
neighborhoods and community centers and between trails;
``(D) for maintenance of existing recreational
trails, including the grooming and maintenance of
trails across snow;
``(E) for restoration of areas damaged by usage of
recreational trails, including back country terrain;
``(F) for development and rehabilitation of trail-
side and trail-head facilities that meet goals
identified by the National Recreational Trails Advisory
Committee;
``(G) for provision of features which facilitate
the access and use of trails by persons with
disabilities;
``(H) for acquisition of easements for trails, or
for trail corridors identified in a State trail plan;
``(I) for acquisition of fee simple title to
property from a willing seller, when the objective of
the acquisition cannot be accomplished by acquisition
of an easement or by other means;
``(J) for construction of new trails on State,
county, municipal, or private lands, where a
recreational need for such construction is shown; and
``(K) only as otherwise permissible and where
necessary and required by a statewide comprehensive
outdoor recreation plan, for construction of new trails
crossing Federal lands if such construction is approved
by the administering agency of the State and the
Federal agency or agencies charged with management of
all impacted lands and if such approval is contingent
upon compliance by the Federal agency with all
applicable laws, including the National Environmental
Policy Act (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 (43 U.S.C. 1701 et seq.).
``(2) Use not permitted.--A State may not use funds
apportioned to it under section 104(h)--
``(A) for condemnation of any kind of interest in
property;
``(B)(i) for construction of any recreational trail
on National Forest System lands for motorized uses
unless--
``(I) such lands have been allocated for
uses other than wilderness by an approved
forest land and resource management plan or
have been released to uses other than
wilderness by an Act of Congress, and
``(II) such construction is otherwise
consistent with the management direction in
such approved land and resource management
plan; or
``(ii) for construction of any recreational trail
on Bureau of Land Management lands for motorized uses
unless--
``(I) such lands have been allocated for
uses other than wilderness by an approved
Bureau of Land Management resource management
plan or have been released to uses other than
wilderness by an Act of Congress, and
``(II) such construction is otherwise
consistent with the management direction in
such approved management plans; or
``(C) for upgrading, expanding, or otherwise
facilitating motorized use or access to trails
predominantly used by non-motorized trail users and on
which, as of May 1, 1991, motorized use is either
prohibited or has not occurred.
``(3) Grants.--
``(A) In general.--A State may provide funds
apportioned to it under section 104(h) to make grants
to private individuals, organizations, municipal,
county, State, and Federal government entities, and
other government entities as approved by the State
after considering guidance from the recreational trail
advisory committee satisfying the requirements of
subsection (c)(2), for uses consistent with this
section.
``(B) Compliance.--A State that makes grants under
subparagraph (A) shall establish measures to verify
that recipients comply with the specified conditions
for the use of grant moneys.
``(4) Assured access to funds.--Except as provided under
paragraph (7), not less than 30 percent of the funds
apportioned to a State in a fiscal year under section 104(h)
shall be reserved for uses relating to motorized recreation,
and not less than 30 percent of such funds shall be reserved
for uses relating to non-motorized recreation.
``(5) Environmental mitigation.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, in
complying with paragraph (4), a State should give
consideration to project proposals that provide for the
redesign, reconstruction, nonroutine maintenance, or
relocation of trails in order to mitigate and minimize
the impact to the natural environment.
``(B) Guidance.--A recreational trail advisory
committee satisfying the requirements of subsection
(c)(2) shall issue guidance to a State for the purposes
of implementing subparagraph (A).
``(6) Diversified trail use.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, a
State shall expend funds apportioned to it under
section 104(h) in a manner that gives preference to
project proposals which--
``(i) provide for the greatest number of
compatible recreational purposes, including
those described in subsection (g)(3); or
``(ii) provide for innovative recreational
trail corridor sharing to accommodate motorized
and non-motorized recreational trail use.
This paragraph shall remain effective with respect to a
State until such time as the State has allocated not
less than 40 percent of funds apportioned to it under
section 104(h) in such manner.
``(B) Compliance.--The State shall receive guidance
for determining compliance with subparagraph (A) from
the recreational trail advisory committee satisfying
the requirements of subsection (c)(2).
``(7) Exemptions.--
``(A) Small state.--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 paragraph
(4) upon application to the Secretary by the State
demonstrating that it meets the conditions of this
paragraph.
``(B) State recreational trail advisory
committee.--If approved by the State recreational trail
advisory committee satisfying the requirements of
subsection (c)(2), the State may be exempted from the
requirements of paragraph (4).
``(8) Continuing recreational use.--At the option of each
State, funds apportioned to it under section 104(h) may be
treated as Land and Water Conservation Fund moneys for the
purposes of section 6(f)(3) of the Land and Water Conservation
Fund Act.
``(9) Credit for donations of funds, materials, services,
or new right-of-way.--Nothing in this title or any other law
shall prevent a project sponsor from offering to donate funds,
materials, services, or new right-of-way for the purposes of a
project eligible for assistance. 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 (d). Any funds
or the fair market value of any materials or services may be
provided by a Federal project sponsor and shall be credited as
part of that Federal agency's share under subsection (d)(2).
``(10) Recreational purpose.--A project funded under this
section is intended to enhance recreational opportunity and is
not subject to the provisions of section 303 of title 49 or
section 138 of this title.
``(f) Coordination of Activities.--
``(1) Cooperation by federal agencies.--Each agency of the
United States that manages land on which a State proposes to
construct or maintain a recreational trail pursuant to this
section is encouraged to cooperate with the State and the
Secretary in planning and carrying out the activities described
in subsection (e). Nothing in this section diminishes or in any
way alters the land management responsibilities, plans, and
policies established by such agencies pursuant to other
applicable laws.
``(2) Cooperation by private persons.--
``(A) Written assurances.--As a condition to making
available funds for work on recreational trails that
would affect privately owned land, a State shall obtain
written assurances that the owner of the property will
cooperate with the State and participate as necessary
in the activities to be conducted.
``(B) Public access.--Any use of funds apportioned
to a State under section 104(h) on private lands must
be accompanied by an easement or other legally binding
agreement that ensures public access to the
recreational trail improvements funded by those funds.
``(g) Applicability of Chapter 1.--Funds made available to carry
out this section shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1; except that the
Federal share payable for a project using such funds shall be
determined in accordance with this section and such funds shall remain
available until expended.
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Eligible state.--The term `eligible State' means a
State that meets the requirements of subsection (c).
``(2) Nonhighway recreational fuel.--The term `nonhighway
recreational fuel' has the meaning such term has under section
9503(c)(6) of the Internal Revenue Code of 1986.
``(3) Recreational trail.--The term `recreational trail'
means a thoroughfare or track across land or snow, used for
recreational purposes such as bicycling, cross-country skiing,
day hiking, equestrian activities (including carriage driving),
jogging or similar fitness activities, skating or
skateboarding, trail biking, overnight or long-distance
backpacking, snowmobiling, aquatic or water activity, or
vehicular travel by motorcycle, four-wheel drive or all-terrain
off-road vehicles, without regard to whether it is a `National
Recreation Trail' designated under section 4 of the National
Trails System Act (16 U.S.C. 1243).
``(4) Motorized recreation.--The term `motorized
recreation' means off-road recreation using any motor-powered
vehicle, except for motorized wheelchairs.''.
(b) Conforming Amendment.--The analysis for chapter 2 is amended by
inserting after the item relating to section 205 the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the Intermodal
Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is
repealed.
(d) Termination of Advisory Committee.--Section 1303 of such Act
(16 U.S.C. 1262) is amended by adding at the end the following:
``(j) Termination.--The advisory committee established by this
section shall terminate on September 30, 2000.''.
SEC. 115. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall establish and implement a
program to make allocations to States for coordinated planning and
design of corridors of national significance, economic growth, and
international or interregional trade. A State may apply to the
Secretary for allocations under this section.
(b) Eligibility of Corridors.--The Secretary may make allocations
under this section only with respect to the following corridors:
(1) High priority corridors identified in section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of
1991.
(2) The creation or upgrade of any other significant
regional or multistate highway corridor not identified in whole
or in part in paragraph (1) that the Secretary determines
would--
(A) facilitate international or interregional
trade; or
(B) encourage or facilitate major multistate or
regional mobility and economic growth and development
in areas underserved by existing highway
infrastructure.
(c) Purposes.--Allocations may be made under this section for 1 or
more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design activities.
(3) Location and routing studies.
(4) Environmental review.
(5) Multistate and intrastate coordination for corridors
described in subsection (b).
(d) Corridor Development and Management Plan.--A State receiving an
allocation under this section shall develop, in consultation with the
Secretary, a development and management plan for the corridor with
respect to which the allocation is being made. Such plan shall include,
at a minimum, the following elements:
(1) A complete and comprehensive analysis of corridor costs
and benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and
development activities, environmental reviews and permits, and
construction of all segments.
(3) A finance plan, including any innovative financing
methods and, if the corridor is a multistate corridor, a State-
by-State breakdown of corridor finances.
(4) The results of any environmental reviews and mitigation
plans.
(5) The identification of any impediments to the
development and construction of the corridor, including any
environmental, social, political and economic objections.
In the case of a multistate corridor, the Secretary shall ensure that
all States having jurisdiction over any portion of such corridor will
participate in the development of such plan.
(e) Applicability of Title 23.--Funds made available by section
127(a)(3)(B) of this Act shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title 23,
United States Code.
(f) State Defined.--In this section the term ``State'' has the
meaning such term has under section 101 of title 23, United States
Code.
SEC. 116. COORDINATED BORDER INFRASTRUCTURE AND SAFETY PROGRAM.
(a) General Authority.--The Secretary shall establish and implement
a coordinated border infrastructure and safety program under which the
Secretary may make allocations to any border State for projects to
improve the safe movement of people and goods at or across the border
between the United States and Canada and the border between the United
States and Mexico.
(b) Eligible Uses.--Allocations under this section may only be used
in a border region for--
(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
(3) operational improvements, including improvements
relating to electronic data interchange and use of
telecommunications, to expedite cross border vehicle and cargo
movement;
(4) modifications to regulatory procedures to expedite
cross border vehicle and cargo movements; and
(5) international coordination of planning, programming,
and border operation with Canada and Mexico relating to
expediting cross border vehicle and cargo movements.
(c) Selection Criteria.--The Secretary shall make allocations under
this section on the basis of--
(1) expected reduction in commercial and other motor
vehicle travel time through an international border crossing as
a result of the project;
(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with
Canada or Mexico;
(3) strategies to increase the use of existing,
underutilized border crossing facilities and approaches;
(4) leveraging of Federal funds provided under this
section, including use of innovative financing, combination of
such funds with funding provided under other sections of this
Act, and combination with other sources of Federal, State,
local, or private funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies
responsible for the inspection of vehicles, cargo, and persons
crossing international borders and their counterpart agencies
in Canada and Mexico;
(6) the extent to which the innovative and problem-solving
techniques of the proposed project would be applicable to other
international border crossings;
(7) demonstrated local commitment to implement and sustain
continuing comprehensive border planning processes and
improvement programs; and
(8) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
(d) State Motor Vehicle Safety Inspection Facilities.--Due to the
increase in cross-border trade as a result of the Northern American
Free Trade Agreement, of the amounts made available to carry out this
section for a fiscal year, not to exceed $25,000,000 for fiscal year
1998 and not to exceed $20,000,000 for each of fiscal years 1999 and
2000 shall be available for the construction of State motor vehicle
safety inspection facilities for the inspection by State authorities of
commercial motor vehicles crossing the border to ensure the safety of
such vehicles.
(e) Location of Projects.--At least 2 of the projects receiving
allocations under this section shall be projects in the vicinity the
border of the United States and Mexico and at least 2 of such projects
shall be projects in the vicinity of the border of the United States
and Canada.
(f) Applicability of Title 23.--Funds authorized by section
127(a)(3)(A) of this Act shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title 23,
United States Code.
(g) Definitions.--In this section, the following definitions apply:
(1) Border region.--The term ``border region'' means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
(2) Border state.--The term ``border State'' means any
State that has a boundary in common with Canada or Mexico.
SEC. 117. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 is amended--
(1) in subsection (e)--
(A) by striking ``(c)'' and inserting ``(b)''; and
(B) by striking ``90'' and inserting ``120''; and
(2) by adding at the end the following:
``(j) Funds Appropriated to a Federal Land Managing Agency.--
Notwithstanding any other provision of law, the funds appropriated to
any Federal land managing agency may be used as the non-Federal share
payable on account of any Federal-aid highway project the Federal share
of which is payable with funds apportioned under section 104 or 144 or
allocated under the Federal scenic byways program.
``(k) Funds Appropriated for Federal Lands Highways Program.--
Notwithstanding any other provision of law, funds appropriated for
carrying out the Federal lands highways program under section 204 may
be used as the non-Federal share payable on account of any project that
is carried out with funds apportioned under section 104 or 144 or
allocated under the Federal scenic byways program if the project will
provide access to, or be carried out within, Federal or Indian
lands.''.
(b) Allocations.--Section 202 is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Allocation of Sums Authorized for Public Lands Highways.--
``(1) In general.--On October 1 of each fiscal year and
after making the transfer provided for in section 204(i), the
Secretary shall allocate the sums authorized to be appropriated
for such fiscal year for public lands highways for
transportation projects within the boundaries of those States
having unappropriated or unreserved public lands, nontaxable
Indian lands, or other Federal reservations, on the basis of
need in such States, respectively, as determined by the
Secretary from applications for such funds by Federal land
managing agencies, Indian tribal governments, and States.
``(2) Preference.--In allocating sums under paragraph (1),
the Secretary shall give preference to those projects that are
significantly impacted by Federal land, recreation, or resource
management activities that are proposed within the boundaries
of a State in which at least 3 percent of the total public
lands in the United States are located.''; and
(2) by adding at the end the following:
``(e) Forest Highways.--
``(1) National forests with acquired federal lands.--On
October 1 of each fiscal year and after making the transfer
provided for in section 204(g), the Secretary shall allocate 50
percent of the sums authorized to be appropriated for such
fiscal year for forest highways as follows:
``(A) \1/3\ based on the percentage of the national
total forest highway mileage;
``(B) \1/3\ based on the percentage of forest-
related vehicle miles traveled on national forest
highways; and
``(C) \1/3\ based on the percentage of national
forests with acquired Federal lands.
``(2) National forests with public domain lands.--On
October 1 of each fiscal year and after making the transfer
provided for in section 204(g), the Secretary shall allocate
the remaining 50 percent of the sums authorized to be
appropriated for such fiscal year for forest highways as
follows:
``(A) \1/3\ based on the percentage of the national
total forest highway mileage;
``(B) \1/3\ based on the percentage of forest-
related vehicle miles traveled on national forest
highways; and
``(C) \1/3\ based on the percentage of national
forests with public domain Federal lands.
``(3) Project selection.--With respect to allocations under
this subsection, the Secretary shall give priority to projects
that provide access to and within the National Forest System,
as identified by the Secretary of Agriculture through renewable
resources and land use planning and the impact of such planning
on existing transportation facilities.''.
(c) Availability of Funds.--Section 203 is amended--
(1) by striking ``Funds authorized for,'' and inserting
``(a) In General.--Funds authorized for forest highways,'';
(2) in the fourth sentence by inserting ``forest highways''
after ``any fiscal year for''; and
(3) by adding at the end the following:
``(b) Time of Obligation.--Notwithstanding any other provision of
law, the Secretary's authorization of engineering and related work for
a Federal lands highways program project or the Secretary's approval 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 for the payment of its
contribution to such project.''.
(d) Award of Contracts; Transfers--Section 204 is amended--
(1) in subsection (a) to read as follows:
``(a) Recognizing the need for all Federal roads that are public
roads to be treated under uniform policies similar to those that apply
to Federal-aid highways, there is established a coordinated Federal
Lands Highways Program which shall consist of forest highways, public
lands highways, park roads and parkways, and Indian reservation roads
and bridges. The Secretary, in cooperation with the Secretary of the
appropriate Federal land managing agency, shall develop transportation
planning procedures which are consistent with the metropolitan and
Statewide planning processes in sections 134 and 135 of this title. The
transportation improvement program developed as a part of the
transportation planning process under this section shall be approved by
the Secretary. All regionally significant Federal Lands Highway Program
projects shall be developed in cooperation with States and metropolitan
planning organizations and be included in appropriate Federal Lands
Highways Program, State, and metropolitan plans and transportation
improvement 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 thereon. The Secretary and the Secretary of the
appropriate Federal land managing agency shall develop appropriate
safety, bridge, and pavement management systems for roads funded under
the Federal Lands Highways Program.'';
(2) by striking the first three sentences of subsection (b)
and inserting ``Funds available for forest highways, 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 managing agency to pay for the cost of
transportation planning, research, engineering, and
construction thereof. The Secretary and the Secretary of the
appropriate Federal land managing agency, as appropriate, may
enter into construction contracts and such other contracts with
a State or civil subdivision thereof or Indian tribe to carry
out this subsection.'';
(3) in the first sentence of subsection (e) by striking
``Secretary of the Interior'' and inserting ``Secretary of the
appropriate Federal land managing agency''; and
(4) in subsection (i) to read as follows:
``(i) Transfers to Secretaries of Federal Land Managing Agencies.--
The Secretary shall transfer to the appropriate Federal land managing
agency from the appropriation for public lands highways such amounts as
may be needed to cover--
``(1) necessary administrative costs of such agency in
connection with public lands highways; and
``(2) the cost to such agency of conducting necessary
transportation planning serving Federal lands if funding for
such planning is otherwise not provided in this section.''.
(e) Access to John F. Kennedy Center for the Performing Arts.--
(1) Study.--The Secretary, in cooperation with the District
of Columbia, the John F. Kennedy Center for the Performing
Arts, and the Department of the Interior and in consultation
with other interested persons, shall conduct a study of methods
to improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts.
(2) Report.--Not later than September 30, 1999, the
Secretary shall transmit 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 containing the results of the study, together with an
assessment of the impacts (including environmental, aesthetic,
economic, and historic impacts) associated with the
implementation of each of the methods examined under the study.
(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $500,000 for fiscal year 1998 to
carry out this subsection.
(4) Applicability of title 23, united states code.--Funds
authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that the
Federal share of the cost of activities conducted using such
funds shall be 100 percent and such funds shall remain
available until expended.
(f) Smithsonian Institution Transportation Program.--
(1) In general.--The Secretary shall allocate amounts made
available by this subsection for obligation at the discretion
of the Secretary of the Smithsonian Institution, in
consultation with the Secretary, to carry out projects and
activities described in paragraph (2).
(2) Eligible uses.--Amounts allocated under paragraph (1)
may be obligated only--
(A) for transportation-related exhibitions,
exhibits, and educational outreach programs;
(B) to enhance the care and protection of the
Nation's collection of transportation-related
artifacts;
(C) to acquire historically significant
transportation-related artifacts; and
(D) to support research programs within the
Smithsonian Institution that document the history and
evolution of transportation, in cooperation with other
museums in the United States.
(3) Authorization of appropriations.--There are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $5,000,000 for each of fiscal years
1998, 1999, and 2000 to carry out this subsection.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that the Federal share of the cost
of any project or activity under this subsection shall be 100
percent and such funds shall remain available until expended.
(g) New River Parkway.--Of amounts available under section
102(a)(11)(C) of this Act, the Secretary shall allocate $1,300,000 for
fiscal year 1998, $1,200,000 for fiscal year 1999, and $9,900,000 for
fiscal year 2000 to the Secretary of the Interior for the planning,
design, and construction of a visitors center, and such other related
facilities as may be necessary, to facilitate visitor understanding and
enjoyment of the scenic, historic, cultural, and recreational resources
accessible by the New River Parkway in the State of West Virginia. The
center and related facilities shall be located at a site for which
title is held by the United States in the vicinity of the intersection
of the New River Parkway and I-64. Such funds shall remain available
until expended.
SEC. 118. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 is amended by adding at the end the
following:
``Sec. 162. National scenic byways program
``(a) Designation of Roads.--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 them as `National Scenic Byways' or `All-
American Roads'. The Secretary shall designate roads to be recognized
under the national scenic byways program in accordance with criteria
developed by the Secretary. To be considered for such designation, a
road must be nominated by a State or Federal land management agency and
must first be designated as a State scenic byway or, for roads on
Federal lands, as a Federal land management agency byway.
``(b) Allocations and Technical Assistance.--
``(1) General authority.--The Secretary shall make
allocations 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
byways program.
``(2) Priority projects.--In making allocations under this
subsection, the Secretary shall give priority to--
``(A) eligible projects along highways that are
designated as National Scenic Byways or All-American
Roads;
``(B) eligible projects on State-designated scenic
byways that are undertaken to make them eligible for
designation as National Scenic Byways or All-American
Roads; and
``(C) eligible projects that will assist the
development of State scenic byways programs.
``(c) Eligible Projects.--The following are projects that are
eligible for Federal assistance under this section:
``(1) activities related to planning, design, or
development of State scenic byway programs;
``(2) development of corridor management plans for scenic
byways;
``(3) safety improvements to a scenic byway to the extent
such improvements are necessary to accommodate increased
traffic and changes in the types of vehicles using the highway
due to such designation;
``(4) construction along a scenic byway of facilities for
pedestrians and bicyclists, rest areas, turnouts, highway
shoulder improvements, passing lanes, overlooks, and
interpretive facilities;
``(5) improvements to a scenic byway that will enhance
access to an area for the purpose of recreation, including
water-related recreation;
``(6) protection of historical, archaeological, and
cultural resources in areas adjacent to scenic byways;
``(7) development and provision of tourist information to
the public, including interpretive information about scenic
byways; and
``(8) development and implementation of scenic byways
marketing programs.
``(d) Federal Share.--The Federal share payable on account of any
project carried out under this section shall be determined in
accordance with section 120(b) of this title. For any scenic byways
project along a public road that provides access to or within Federal
or Indian lands, a Federal land management agency may use funds
authorized for its use as the non-Federal share of the costs of the
project.
``(e) Protection of Scenic Integrity.--
``(1) Scenic integrity.--The Secretary shall not make an
allocation under this section for any project that would not
protect the scenic, historic, recreational, cultural, natural,
and archaeological integrity of a highway and adjacent areas.
``(2) Savings clause.--The Secretary shall not make any
grant, provide technical assistance, or impose any requirement
on a State under this section that is inconsistent with the
authority of the State provided in this chapter.''.
(b) Conforming Amendment.--The analysis for chapter 1 is amended by
adding at the end the following new item:
``162. National scenic byways program.''.
(c) Center.--
(1) Establishment.--The Secretary shall allocate funds made
available to carry out this subsection to establish a center
for national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally
designated scenic byway routes in accordance with paragraph
(2).
(2) Communications systems.--The center for national scenic
byways shall develop and implement communications systems for
the support of the national scenic byways program. Such
communications system shall permit users of scenic byways to
access technology which will permit such users to locate scenic
byways and identify items of cultural or historic interest and
services located along scenic byways.
(3) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998, 1999, and 2000.
(4) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such 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 shall be 80 percent and
such funds shall remain available until expended.
SEC. 119. VARIABLE PRICING PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish and implement a
variable pricing program. In implementing such program, the Secretary
shall solicit the participation of State and local governments and
public authorities for 1 or more variable pricing pilot programs. The
Secretary may enter into cooperative agreements with as many as 15 of
such governments and public authorities to conduct and monitor the
pilot programs.
(b) Federal Share Payable.--The Federal share payable for a pilot
program under this section shall be 80 percent of the aggregate cost of
the program and the Federal share payable for any portion of a project
conducted under the program may not exceed 100 percent.
(c) Implementation Costs.--The Secretary may fund all pre-
implementation costs, including public education and project design,
and all of the development and startup costs of a pilot project under
this section, including salaries and expenses, until such time that
sufficient revenues are being generated by the program to fund its
operating costs without Federal participation; except that the
Secretary may not fund the pre-implementation, development, and startup
costs of a pilot project for more than 3 years.
(d) Use of Revenues.--Revenues generated by any pilot project under
this section must be applied to projects eligible for assistance under
title 23, United States Code.
(e) Collection of Tolls.--Notwithstanding sections 129 and 301 of
title 23, United States Code, the Secretary shall allow the use of
tolls on the Interstate System as part of a pilot program under this
section, but not as part of more than 3 of such programs.
(f) Financial Effects on Low Income Drivers.--Any pilot program
conducted under this section shall include an analysis of the potential
effects of the pilot program on low income drivers and may include
mitigation measures to deal with any potential adverse financial
effects on low income drivers.
(g) Reports to Congress.--The Secretary shall monitor the effect of
the pilot programs conducted for a period of at least 10 years and
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 biennially on the effects such programs are
having on driver behavior, traffic volume, transit ridership, air
quality, drivers of all income levels, and availability of funds for
transportation programs.
(h) HOV Passenger Requirements.--Notwithstanding section 102 of
title 23, United States Code, a State may permit vehicles with fewer
than 2 occupants to operate in high-occupancy vehicle lanes if such
vehicles are part of a pilot program being conducted under this
section.
(i) Period of Availability.--Funds allocated by the Secretary under
this section shall remain available for obligation by the State for a
period of 3 years after the last day of the fiscal year for which such
funds are authorized. Any amounts allocated under this section that
remain unobligated at the end of such period and any amounts authorized
under subsection (i) that remain unallocated by the end of such period
shall be transferred to a State's apportionment under section 104(b)(3)
of title 23, United States Code, and shall be treated in the same
manner as other funds apportioned under such section.
(j) Applicability of Title 23.--Funds made available to carry out
this section shall be available for obligation in the same manner as if
such 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 section and the availability of such funds shall be determined in
accordance with this section.
(k) Repeal.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat.
1938) is repealed.
SEC. 120. TOLL ROADS, BRIDGES, AND TUNNELS.
(a) Federal Share Payable.--Section 120 is amended 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 matching share requirement for any funds made
available to carry out this title, other than the emergency
relief program authorized in section 125, toll revenues that
are generated and used by public, quasi-public, and private
agencies to build, improve, or maintain highways, bridges, or
tunnels that serve the public purpose of interstate commerce.
Such public, quasi-public, or private agencies shall have
built, improved, or maintained such facilities without Federal
funds.
``(2) Maintenance of effort.--
``(A) In general.--The credit for any non-Federal
share provided under this subsection shall not reduce
nor replace State funds required to match Federal funds
for any program under this title.
``(B) Agreements.--In receiving a credit for non-
Federal capital expenditures under this subsection, 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.
``(3) Treatment.--
``(A) Limitation on liability.--Use of a credit for
a non-Federal share under this subsection that is
received from a public, quasi-public, or private
agency--
``(i) shall not expose the agency to
additional liability, additional regulation, or
additional administrative oversight; and
``(ii) shall not subject the agency to any
additional Federal design standards, laws, or
regulations as a result of providing the non-
Federal match other than those to which the
agency is already subject.
``(B) Chartered multistate agencies.--When a credit
that is received from a chartered multistate agency is
applied for a non-Federal share under this subsection,
such credit shall be applied equally to all charter
States.''.
(b) Interstate System Reconstruction and Rehabilitation Pilot
Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23, United States
Code, may permit a State to collect tolls on a highway, bridge,
or tunnel on the Interstate System for the purpose of
reconstructing and rehabilitating Interstate highway corridors
that could not otherwise be adequately maintained or
functionally improved without the collection of tolls.
(2) Limitation on number of facilities.--The Secretary may
permit the collection of tolls under this subsection on 3
facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) Eligibility.--In order to be eligible to participate in
the pilot program, a State shall submit to the Secretary an
application that contains, at a minimum, the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll facility,
including the age, condition, and intensity of use of
such facility.
(B) In the case of a facility that affects a
metropolitan area, an assurance that the metropolitan
planning organization established under section 134 of
title 23, United States Code, for the area has been
consulted concerning the placement and amount of tolls
on the facility.
(C) An analysis demonstrating that such facility
could not be maintained or improved to meet current or
future needs from the State's apportionments and
allocations made available by this Act (including
amendments made by this Act) and from revenues for
highways from any other source without toll revenues.
(D) A facility management plan that includes--
(i) a plan for implementing the imposition
of tolls on the facility;
(ii) a schedule and finance plan for the
reconstruction or rehabilitation of the
facility using toll revenues;
(iii) a description of the public
transportation agency which will be responsible
for implementation and administration of the
pilot toll reconstruction and rehabilitation
program; and
(iv) a description of whether consideration
will be given to privatizing the maintenance
and operational aspects of the converted
facility, while retaining legal and
administrative control of the Interstate route
section.
(E) Such other information as the Secretary may
require.
(4) Selection criteria.--The Secretary may approve the
application of a State under paragraph (3) only if the
Secretary determines the following:
(A) The State is unable to reconstruct or
rehabilitate the proposed toll facility using existing
apportionments.
(B) The facility has a sufficient intensity of use,
age, or condition to warrant the collection of tolls.
(C) The State plan for implementing tolls on the
facility takes into account the interests of local,
regional, and interstate travelers.
(D) The State plan for reconstruction or
rehabilitation of the facility using toll revenues is
reasonable.
(E) The State has given preference to the use of an
existing public toll agency with demonstrated
capability to build, operate, and maintain a toll
expressway system meeting criteria for the Interstate
System.
(5) Limitations on use of revenues; audits.--Before the
Secretary may permit a State to participate in the pilot
program, the State must enter into an agreement with the
Secretary that provides that--
(A) all toll revenues received from operation of
the toll facility will be used only for debt service,
for reasonable return on investment of any private
person financing the project, and for any costs
necessary for the improvement of and the proper
operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation of the toll facility; and
(B) regular audits will be conducted to ensure
compliance with subparagraph (A) and the results of
such audits will be transmitted to the Secretary.
(6) Limitation on use of interstate maintenance funds.--
During the term of the pilot program, funds apportioned for
Interstate maintenance under section 104(b)(5) of title 23,
United States Code, may not be used on a facility for which
tolls are being collected under the program.
(7) Program term.--The Secretary shall conduct the pilot
program under this section for a term to be determined by the
Secretary but not less than 10 years.
(8) Interstate system defined.--In this subsection, the
term ``Interstate System'' has the same meaning such term has
under section 101(a) of title 23, United States Code.
(c) Bridge Reconstruction or Replacement.--Section 129(a)(1)(C) is
amended by striking ``toll-free bridge or tunnel'' and inserting
``toll-free major bridge or toll-free tunnel''.
SEC. 121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 1064(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended to read as
follows:
``(c) Obligation of Amounts.--Amounts made available out of the
Highway Trust Fund (other than the Mass Transit Account) to carry out
this section may be obligated at the discretion of the Secretary. Such
sums shall remain available until expended.''.
SEC. 122. HIGHWAY USE TAX EVASION PROJECTS.
(a) Applicability of Title 23.--Section 1040(f) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105
Stat. 1992) is amended to read as follows:
``(f) Applicability of Title 23.--Funds made available out of the
Highway Trust Fund (other than the Mass Transit Account) to carry out
this section shall be available for obligation in the same manner and
to the same extent as if such funds were apportioned under chapter 1 of
title 23, United States Code; except that the Federal share of the cost
of any project carried out under this section shall be 100 percent and
such 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.''.
(b) Automated Fuel Reporting System.--Section 1040 of such Act (23
U.S.C. 101 note; 105 Stat. 1992) is amended by redesignating subsection
(g) as subsection (h) and by inserting after subsection (f) the
following:
``(g) Automated Fuel Reporting System.--Of the amounts made
available to carry out this section for each of fiscal years 1998
through 2000, not to exceed $5,000,000 per fiscal year may be used to
establish and operate an automated fuel reporting system.''.
(c) Technical Amendment.--Section 1040(a) of such Act (23 U.S.C.
101 note; 105 Stat. 1992) is amended by striking ``by subsection (e)''.
SEC. 123. PERFORMANCE BONUS PROGRAM.
(a) Study.--The Secretary shall develop performance-based criteria
for the distribution of not to exceed 5 percent of the funds from each
of the following programs:
(1) The Interstate maintenance program under section 119 of
title 23, United States Code.
(2) The bridge program under section 144 of such title.
(3) The high risk road safety improvement program under
section 154 of such title.
(4) The surface transportation program under section 133 of
such title.
(5) The congestion mitigation and air quality improvement
program under section 149 of such title.
(b) Requirements for Development of Criteria.--Performance-based
criteria developed by the Secretary under subsection (a) shall assess
on a statewide basis the following:
(1) For the Interstate maintenance program, whether
pavement conditions on routes on the Interstate System in the
State have consistently been of a high quality or have recently
improved.
(2) For the bridge program, whether the percentage of
deficient bridges in the State has consistently been low or has
recently decreased.
(3) For the high risk road safety improvement program,
whether the level of safety on highways in the State has
consistently been high or has recently improved.
(4) For the surface transportation program, whether the
level of financial effort in State funding for highway and
transit investments has been high or has recently increased.
(5) For the congestion mitigation and air quality
improvement program, whether the environmental performance of
the transportation system has been consistently high or has
improved.
(c) Required Submission.--Not later than 18 months after the date
of the enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate the performance-based criteria developed under subsection
(a).
SEC. 124. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) is amended by inserting
after ``and goods'' the following: ``and foster economic growth and
development''.
(b) Goals and Objectives of Planning Process.--Section 134(f) is
amended to read as follows:
``(f) Goals and Objectives of Planning Process.--To the extent that
the metropolitan planning organization determines appropriate, the
metropolitan transportation planning process may include consideration
of goals and objectives that--
``(1) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(2) increase the safety and security of the
transportation system;
``(3) increase the accessibility and mobility for people
and freight;
``(4) protect and enhance the environment, conserve energy,
and enhance quality of life;
``(5) enhance the integration and connectivity of the
transportation system, across and between modes, for people and
freight;
``(6) promote efficient system utilization and operation;
and
``(7) preserve the existing transportation system.''.
(c) Long Range Plan.--Section 134(g) is amended--
(1) in paragraph (1) by inserting ``transportation'' after
``long range'';
(2) in paragraph (2) by striking ``, at a minimum'' and
inserting ``contain, at a minimum, the following'';
(3) in paragraph (2)(A)--
(A) by striking ``Identify'' and inserting ``An
identification of'';
(B) by striking ``factors described in'';
(C) by striking ``such factors'' and inserting
``subsection (f)''; and
(D) by striking ``shall consider'' and inserting
``may consider'';
(4) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates how the
adopted transportation plan can be implemented,
indicates resources from public and private sources
that are reasonably expected to be made available to
carry out the plan and recommends any additional
financing strategies for needed projects and programs.
The financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in the
financial plan were available. For the purpose of
developing the transportation plan, the metropolitan
planning organization and State shall cooperatively
develop estimates of funds that will be available to
support plan implementation.'';
(5) in paragraph (4) by inserting after ``employees,'' the
following: ``freight shippers and providers of freight
transportation services,''; and
(6) in paragraph (5) by inserting ``transportation'' before
``plan prepared''.
(d) Transportation Improvement Program.--Section 134(h) is
amended--
(1) in paragraph (1), by striking ``2 years'' and inserting
``3 years''; and
(2) by adding at the end of paragraph (2)(B) the following:
``The financial plan may include, for illustrative purposes,
additional projects that would be included in the adopted
transportation plan if reasonable additional resources beyond
those identified in the financial plan were available.''.
(e) Transportation Management Areas.--Section 134(i) is amended--
(1) in paragraph (4) by inserting after ``System'' each
place it appears the following: ``, under the high risk road
safety program,''; and
(2) in paragraph (5)--
(A) by striking ``(1)'' and inserting ``(A)''; and
(B) by striking ``(2)'' and inserting ``(B)''.
(f) Additional Requirements.--Section 134 is amended by striking
subsection (l) and redesignating subsections (m) and (n) as subsections
(l) and (m), respectively.
SEC. 125. STATEWIDE PLANNING.
(a) Scope of Planning Process.--Section 135(c) is amended to read
as follows:
``(c) Scope of the Planning Process.--To the extent that a State
determines appropriate, the State may consider goals and objectives in
the transportation planning process that--
``(1) support the economic vitality of the Nation, its
States and metropolitan areas, especially by enabling global
competitiveness, productivity and efficiency;
``(2) increase the safety and security of the
transportation system;
``(3) increase the accessibility and mobility for people
and freight;
``(4) protect and enhance the environment, conserve energy,
and enhance the quality of life;
``(5) enhance the integration and connectivity of the
transportation system, across and between modes throughout the
State for people and freight;
``(6) promote efficient system utilization and operation;
and
``(7) preserve the existing transportation system.''.
(b) Additional Considerations.--Section 135(d) is amended--
(1) in the subsection heading by striking ``Requirements''
and inserting ``Considerations''; and
(2) by striking ``shall, at a minimum,'' and inserting
``may''.
(c) Long Range Plan.--Section 135(e) is amended--
(1) by striking the hyphen each place it appears; and
(2) by inserting after ``representatives,'' the following:
``freight shippers and providers of freight transportation
services,''.
(d) Transportation Improvement Program.--Section 135(f) is
amended--
(1) in paragraph (1) by inserting after
``representatives,'' the following: ``freight shippers and
providers of freight transportation services,'';
(2) in paragraph (2) by inserting before the last sentence
the following: ``The program may include, for illustrative
purposes, additional projects that would be included in the
program if reasonable additional resources were available.'';
and
(3) in paragraph (3) by inserting after ``System'' each
place it appears the following: ``, under the high risk road
safety program,''.
(e) Participation of Local Elected Officials.--
(1) Study.--The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials
in transportation planning and programming. In conducting the
study, the Secretary shall consider the degree of cooperation
between State, local rural officials, and regional planning
development organizations in different States.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study with any
recommendations the Secretary determines appropriate as a
result of the study.
SEC. 126. ROADSIDE SAFETY TECHNOLOGIES.
(a) Crash Cushions.--
(1) Guidance.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall initiate and issue a
guidance regarding the benefits and performance of various
types of crash cushions in different road configurations,
taking into consideration roadway conditions, posted speed
limits, the location of the crash cushion in the right-of-way,
and any other relevant factors.
(2) Use of guidance.--States shall use guidance issued
under this subsection in evaluating the feasibility and cost-
effectiveness of utilizing different crash cushion designs and
determining the appropriate crash cushion or other safety
appurtenances for installation at specific highway locations.
(b) Traffic Flow and Safety Applications of Road Barriers.--
(1) Rulemaking proceedings.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
initiate and complete a rulemaking proceeding to determine the
appropriate use by States of movable barrier technologies to
enhance safety and improve the capacity and geometric design of
highways.
(2) Factors to consider.--In conducting the rulemaking
proceeding, the Secretary shall consider, at a minimum, uses of
movable barrier technologies related to--
(1) separating workers from traffic flow when work is in
progress;
(2) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
(3) use of reversible lanes to mitigate congestion caused
by construction and to optimize capacity of congested highways
by adjusting to directional traffic flow;
(4) mitigation of congestion during construction by opening
all adjacent and available lanes to traffic during peak hour
traffic periods;
(5) permanent use of such technologies to increase the
capacity of congested highways, bridges, and tunnels.
SEC. 127. DISCRETIONARY PROGRAM AUTHORIZATIONS.
(a) Executive Branch Discretionary Programs.--
(1) Bridge discretionary program.--The amount set aside by
the Secretary under section 144(g)(2) of title 23, United
States Code, shall be $100,000,000 for each of fiscal years
1998, 1999, and 2000.
(2) High cost interstate system reconstruction and
improvement program.--The amount the Secretary shall allocate
for the high cost Interstate System reconstruction and
improvement program under section 160(c)(2) of title 23, United
States Code, shall not be more than $85,000,000 for fiscal year
1998, $212,500,000 for fiscal year 1999, and $340,000,000 for
fiscal year 2000.
(3) Additional executive branch discretionary programs.--Of
amounts made available by section 102(a)(8) of this Act, the
following sums shall be available:
(A) Coordinated border infrastructure and safety
program.--For the coordinated border infrastructure and
safety program under section 116 of this Act
$70,000,000 for fiscal year 1998, $100,000,000 for
fiscal year 1999, and $100,000,000 for fiscal year
2000.
(B) National corridor planning and development
program.--For the national corridor planning and
development program under section 115 of this Act
$50,000,000 for fiscal year 1998, $200,000,000 for
fiscal year 1999, and $250,000,000 for fiscal year
2000.
(C) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 1064 of the
Intermodal Surface Transportation Efficiency Act of
1991 (23 U.S.C. 129 note; 105 Stat. 2005) $18,000,000
for each of fiscal years 1998, 1999, and 2000.
(D) National scenic byways program.--For the
national scenic byway program under section 162 of
title 23, United States Code, $30,000,000 for each of
fiscal years 1998, 1999, and 2000.
(E) Variable pricing pilot program.--For the
variable pricing pilot program under section 119 of
this Act $10,000,000 for fiscal year 1998, and
$14,000,000 for each of fiscal years 1999 and 2000.
(F) Highway research.--For highway research under
sections 307, 308, and 325 of title 23, United States
Code, $150,000,000 for fiscal year 1998, $185,000,000
for fiscal year 1999, and $195,000,000 for fiscal year
2000.
(G) Transportation education, professional
training, and technology deployment.--For
transportation education, professional training, and
technology deployment under sections 321, 322, and 326
of title 23, United States Code, and section 5505 of
title 49, United States Code, $50,000,000 for each of
fiscal years 1998 and 1999 and $55,000,000 for fiscal
year 2000.
(H) Transportation technology innovation and
demonstration program.--For Transportation technology
innovation and demonstration program under section 632
of this Act $40,900,000 for each of fiscal years 1998,
1999, and 2000.
(I) Intelligence transportation systems programs.--
For intelligence transportation systems programs under
subtitle B of title VI of this Act $175,000,000 for
each of fiscal years 1998, 1999, and 2000.
(3) Transportation assistance for olympic cities.--There is
authorized to be appropriated to carry out section 130 of this
Act, relating to transportation assistance for Olympic cities,
such sums as may be necessary for fiscal years 1998, 1999, and
2000.
(b) Legislative Branch Discretionary Programs.--Of amounts made
available by section 102(a)(8) of this Act, $1,250,000,000 for fiscal
year 1998, $1,425,000,000 for fiscal year 1999, and $1,600,000,000 fof
fiscal year 2000 shall be available for high priority projects.
SEC. 128. WOODROW WILSON MEMORIAL BRIDGE.
Section 407(a) of the National Highway System Designation Act of
1995 (109 Stat. 630-631) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by striking ``(a)'' and all that follows through the
period at the end of paragraph (1) and inserting the following:
``(a) Conveyances.--
``(1) Conveyance to states and district of columbia.--
``(A) General authority.--Not later than 60 days
after the date of the enactment of this subparagraph,
the Secretary shall convey to the State of Virginia,
the State of Maryland, and the District of Columbia all
right, title, and interest of the United States in and
to the Bridge, including such related riparian rights
and interests in land underneath the Potomac River as
are necessary to carry out the project.
``(B) Acceptance of title.--Except as provided in
paragraph (3), upon conveyance by the Secretary, the
State of Virginia, the State of Maryland, and the
District of Columbia shall accept the right, title, and
interest in and to the Bridge.
``(C) Consolidation of jurisdiction.--For the
purpose of making the conveyance under this paragraph,
the Secretary of the Interior and the head of any other
Federal department or agency that has jurisdiction over
the land adjacent to the Bridge shall transfer such
jurisdiction to the Secretary.
``(D) Funds allocated.--No funds made available for
the high cost interstate system reconstruction and
improvement program under section 160 of title 23,
United States Code, may be allocated for the Bridge
before the State of Virginia, the State of Maryland,
and the District of Columbia accept right, title, and
interest in and to the Bridge under this paragraph.
``(2) Conveyance to authority.--After execution of the
agreement under subsection (c), the State of Virginia, State of
Maryland, and the District of Columbia shall convey to the
Authority their respective rights, titles, and interests in and
to the Bridge, including such related riparian rights and
interests in land underneath the Potomac River as are necessary
to carry out the Project. Except as provided in paragraph (3),
upon conveyance by the Secretary, the Authority shall accept
the right, title, and interest in and to the Bridge and all
duties and responsibilities associated with the Bridge.''; and
(3) in paragraph (3), as redesignated by paragraph (1) of
this section, by striking ``conveyance under paragraph (1)''
and inserting ``conveyance under this subsection''.
SEC. 129. TRAINING.
(a) Training Positions for Welfare Recipients.--Section 140(a) is
amended by inserting after the third sentence the following: ``In
implementing such programs, a State may reserve training positions for
persons who receive welfare assistance from such State.''.
(b) Types of Training.--Section 140(b) is amended--
(1) in the first sentence--
(A) by inserting ``and technology'' after
``construction''; and
(B) by inserting after ``programs'' the following:
``, and to develop and fund summer transportation
institutes''; and
(2) in the last sentence by striking ``may be available''
and inserting ``may be utilized''.
SEC. 130. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.
(a) Purpose.--The purpose of this section is to provide assistance
and support to State and local efforts on surface and aviation-related
transportation issues necessary to obtain the national recognition and
economic benefits of participation in the International Olympic
movement by hosting international quadrennial Olympic events in the
United States.
(b) Priority for Transportation Projects Related to Olympic
Events.--Notwithstanding any other provision of law, the Secretary may
give priority to funding for a transportation project related to an
Olympic event from funds available to carry out 1 or more of sections
144(g)(1) and 160 of title 23, United States Code, and sections 5309
and 5326 of title 49, United States Code, if the project meets the
extraordinary needs associated with an international quadrennial
Olympic event and if the project is otherwise eligible for assistance
under such section.
(c) Transportation Planning Activities.--The Secretary may
participate in planning activities of States and metropolitan planning
organizations and transportation projects related to an international
quadrennial Olympic event under sections 134 and 135 of title 23,
United States Code, and in developing intermodal transportation plans
necessary for such projects in coordination with State and local
transportation agencies.
(d) Use of Administrative Expenses.--The Secretary may provide
assistance from funds deducted under section 104(a) of title 23, United
States Code, for the development of an Olympics transportation
management plan in cooperation with an Olympic Organizing Committee
responsible for hosting, and State and local communities affected by,
an international quadrennial Olympic event.
(e) Transportation Projects Related to Olympic Events.--
(1) General authority.--The Secretary may provide
assistance to States and local governments in carrying out
transportation projects related to an international quadrennial
Olympic event. Such assistance may include planning, capital,
and operating assistance.
(2) Federal share.--The Federal share of the costs of
projects assisted under this subsection shall not exceed 80
percent.
(f) Eligible Governments.--A State or local government is eligible
to receive assistance under this section only if it is hosting a venue
that is part of an international quadrennial Olympics that is
officially selected by the International Olympic Committee.
(g) Airport Development Projects.--
(1) Airport development defined.--Section 47102(3) of title
49, United States Code, is amended by adding at the end the
following:
``(H) Developing, in coordination with State and
local transportation agencies, intermodal
transportation plans necessary for Olympic-related
projects at an airport.''.
(2) Discretionary grants.--Section 47115(d) of title 49,
United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following:
``(7) the need for the project in order to meet the unique
demands of hosting international quadrennial Olympic events.''.
SEC. 131. NATIONAL DEFENSE HIGHWAYS.
(a) Reconstruction Projects.--If the Secretary determines, after
consultation with the Secretary of Defense, that a highway, or portion
of a highway, located outside the United States is important to the
national defense, the Secretary may carry out a project for the
reconstruction of such highway or portion of highway.
(b) Funding.--The Secretary may make available, from funds
appropriated for expenditure on the National Highway System, not to
exceed $20,000,000 per fiscal year for each of fiscal years 1998, 1999,
and 2000 to carry out this section. Such sums shall remain available
until expended.
SEC. 132. MISCELLANEOUS SURFACE TRANSPORTATION PROGRAMS.
(a) Infrastructure Awareness Program.--
(1) In general.--The Secretary is authorized to fund the
production of a documentary about infrastructure in cooperation
with a not-for-profit national public television station and
the National Academy of Engineering which shall demonstrate how
public works and infrastructure projects stimulate job growth
and the economy and contribute to the general welfare of the
nation.
(2) Funding.--There is authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $1,000,000 for each of fiscal years
1998, 1999, and 2000. Such funds shall remain available until
expended.
(3) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such 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 subsection shall be determined in
accordance with this subsection.
(b) Study of Parking Facilities Adequacy.--
(1) Study.--The Secretary shall conduct a study to
determine the location and quantity of parking facilities at
commercial truck stops and travel plazas and public rest areas
that could be used by motor carriers to comply with Federal
hours of service rules. The study shall include an inventory of
current facilities serving the National Highway System, analyze
where shortages exist or are projected to exist, and propose a
plan to reduce the shortages. The study shall be carried out in
cooperation with research entities representing the motor
carrier and travel plaza industry.
(2) Report.--Not later than January 1, 2001, the Secretary
shall transmit to Congress a report on the results of the study
with any recommendations the Secretary determines appropriate
as a result of the study.
(3) Funding.--From amounts set aside under section 104(a)
of title 23, United States Code, for each of fiscal years 1998,
1999, and 2000, the Secretary may use not to exceed $500,000
per fiscal year to carry out this section.
SEC. 133. ELIGIBILITY.
(a) Devils Slide, California.--Notwithstanding any other provision
of law, the authorization of emergency relief funds by the Federal
Highway Administration on September 2, 1986, to construct a bypass of
the Devils Slide, California, failure shall be considered to be for the
project to bypass the slide failure that is finally selected upon
completion of the environmental analysis. The Secretary shall not
expend the funds for the bypass finally selected at a rate faster than
the rate that the Secretary would have expended the funds for the
original bypass.
(b) Ambassador Bridge Access, Michigan.--Notwithstanding section
129 of title 23, United States Code, or any other provision of law,
improvements to 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 sections 104(b)(1)
and 104(b)(3) of such title.
(c) Cuyahoga River Bridge, Ohio.--Notwithstanding section 149 of
title 23, United States Code, or any other provision of law, a project
to construct a new bridge over the Cuyahoga River in Cleveland, Ohio,
shall be eligible for funds apportioned under section 104(b)(2) of such
title.
(d) Northeast Ohio Transportation History Museum.--A museum to be
established in Northeast Ohio which will be devoted to the history of
transportation and industry in Northeast Ohio and in the United States,
and which will be developed in cooperation with the private sector and
the State of Ohio, shall be eligible for assistance under section
133(d)(2) of title 23, United States Code.
(e) Rail Museum in Princeton, West Virginia.--A museum to be
established in Princeton, West Virginia, which will be devoted to
railroad history shall be eligible for assistance under section
133(d)(2) of title 23, United States Code.
(f) Bus Museum in Hibbing, Minnesota.--A museum to be established
in Hibbing, Minnesota, which will be devoted to intercity bus history
shall be eligible for assistance under section 133(d)(2) of title 23,
United States Code.
SEC. 134. FISCAL, ADMINISTRATIVE, AND OTHER AMENDMENTS.
(a) Advanced Construction.--Section 115 is amended--
(1) in subsection (b)--
(A) by moving the text of paragraph (1) 2 ems to
the left;
(B) by striking ``(1) In general.--''
(C) by striking paragraphs (2) and (3); and
(D) by striking ``(A) prior'' and inserting ``(1)
prior''; and
(E) by striking ``(B) the project'' and inserting
``(2) the project'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
(b) Availability of Funds.--Section 118 is amended--
(1) in the subsection heading for subsection (b) by
striking ``; Discretionary Projects''; and
(2) by striking subsection (e) and inserting the following:
``(e) Effect of Release of Funds.--Any Federal-aid highway funds
released by the final payment on a project, or by the modification of
the project agreement, shall be credited to the same program funding
category previously apportioned to the State and shall be immediately
available for expenditure.''.
(c) Federal Share Payable.--Section 120 is amended in each of
subsections (a) and (b) by striking ``shall be'' and inserting ``shall
not exceed''.
(d) Payments to States for Construction.--Section 121 is amended--
(1) in subsection (a)--
(A) by striking the second sentence; and
(B) by striking the last sentence and inserting the
following: ``Such payments may also be made for the
value of the materials (1) which have been stockpiled
in the vicinity of such construction in conformity to
plans and specifications for the projects, and (2)
which are not in the vicinity of such construction if
the Secretary determines that because of required
fabrication at an off-site location the material cannot
be stockpiled in such vicinity.'';
(2) by striking subsection (b) and inserting the following:
``(b) Project Agreement.--No payment shall be made under this
chapter except for a project covered by a project agreement. After
completion of the project in accordance with the project agreement, a
State shall be entitled to payment out of the appropriate sums
apportioned or allocated to it of the unpaid balance of the Federal
share payable on account of such project.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
(e) Advances to States.--Section 124 is amended--
(1) by striking ``(a)'' the first place it appears; and
(2) by striking subsection (b).
(f) Diversion.--Section 126, and the item relating to such section
in the table of sections for chapter 1, are repealed.
(g) State Highway Department.--Section 302 is amended--
(1) by adding at the end of subsection (a) the following:
``Compliance with this provision shall have no effect on the
eligibility of costs.'';
(2) by striking ``(a)''; and
(3) by striking subsection (b).
(h) Bridge Commissions.--Public Law 87-441, relating to bridge
commissions created by Congress and Federal approval of membership of
such commissions, is repealed.
(i) Other Amendments.--
(1) Section 1023(h)(1) of Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note) is amended by
striking ``the date on which Federal-aid highway and transit
programs are reauthorized after the date of the enactment of
the National Highway System Designation Act of 1995'' and
inserting ``September 30, 2000''.
(2) Section 127(a) is amended by inserting before the next
to the last sentence the following: ``With respect to the State
of Colorado, vehicles designed to carry 2 or more precast
concrete panels shall be considered a nondivisible load.''.
(3) Section 127(a) is amended by adding at the end the
following: ``The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross vehicle weight
of up to 100,000 pounds for the hauling of sugarcane during the
harvest season, not to exceed 100 days annually.''.
(4) Section 127 is amended by adding at the end the
following new subsection:
``(h) Maine and New Hampshire.--With respect to Interstate Route 95
in the State of New Hampshire, State laws or regulations in effect on
January 1, 1987, shall be applicable for purposes of this section. With
respect to that portion of the Maine Turnpike designated Interstate
Route 95 and 495, and that portion of Interstate Route 95 from the
southern terminus of the Maine Turnpike to the New Hampshire State
line, State laws or regulations in effect on October 1, 1995, shall be
applicable for purposes of this section.''.
(j) Specialized Hauling Vehicles.--
(1) Study.--The Secretary shall conduct a study to examine
the impact of the truck weight standards on specialized hauling
vehicles.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
SEC. 135. ACCESS OF MOTORCYCLES.
Section 102 is amended by redesignating subsection (b) as
subsection (c) and by inserting after subsection (a) the following:
``(b) Access of Motorcycles.--No State or political subdivision of
a State may restrict the access of motorcycles to any highway or
portion of a highway for which Federal-aid highway funds have been
utilized for planning, design, construction, or maintenance.''.
SEC. 136. AMENDMENTS TO ISTEA.
(a) High Priority Corridors.--Section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2032-2033) is
amended--
(1) in paragraph (18)--
(A) by striking ``and to include'' and inserting
the following:
``as follows:
``(A) In Tennessee, Mississippi, Arkansas, and
Louisiana, the Corridor shall--
``(i) follow the alignment generally
identified in the Corridor 18 Special Issues
Study Final Report; and
``(ii) run in an East/South direction to
United States Route 61 and cross the
Mississippi River (in the vicinity of Memphis,
Tennessee) to Highway 79, and then follow
Highway 79 south to Wabbaseka, Arkansas, and
then proceed south in the direction of
Monticello, Arkansas, and link up with the
route proposed in the Corridor 18 Special
Issues Study Final Report which would continue
to Haynesville, Louisiana.
``(B) In the Lower Rio Grande Valley, the Corridor
shall--
``(i) include United States Route 77 from
the Rio Grande River to Interstate Route 37 at
Corpus Christi, Texas, and then to Victoria,
Texas, via United States Route 77 and United
States Route 281 from the Rio Grande River to
Interstate Route 37 and then to Victoria,
Texas, via United States Route 59; and
``(ii) include'';
(2) in paragraph (21) by striking ``United States Route 17
in the vicinity of Salamanca, New York'' and inserting
``Interstate Route 80''; and
(3) by inserting after paragraph (29) the following:
``(30) Interstate Route 5 in the States of Oregon and
Washington.
``(31) The Mon-Fayette Expressway and Southern Beltway in
Pennsylvania.
``(32) The Wisconsin Development Corridor from the Iowa,
Illinois, and Wisconsin border near Dubuque, Iowa, to the Upper
Mississippi River Basin near Eau Claire, Wisconsin, as follows:
``(A) United States Route 151 from the Iowa border
to Fond du Lac via Madison, Wisconsin, then United
States Route 41 from Fond du Lac to Marinette via
Oshkosh, Appleton, and Green Bay, Wisconsin.
``(B) State Route 29 from Green Bay to I-94 via
Wausau, Chippewa Falls, and Eau Claire, Wisconsin.
``(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
``(33) The Capital Gateway Corridor following United States
Route 50 from I-395 in Washington, D.C., to the intersection of
United States Route 50 with Kenilworth Avenue and the
Baltimore-Washington Parkway in Maryland.''.
(b) Other Amendments to ISTEA.--The table contained in section
1106(a)(2) of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2037-2042) is amended in item 1, relating to Cadiz,
Ohio--
(1) by striking ``Cadiz'' the first place it appears and
inserting ``Bellaire''; and
(2) by striking ``Improvements'' and all that follows
through ``Rayland, Ohio'' and inserting ``Washington Street
project in Bellaire, Ohio''.
SEC. 137. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 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.--Bicyclists and pedestrians shall be
given due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and State in
accordance with sections 134 and 135, respectively. 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. Transportation plans and projects
shall provide due consideration for safety and contiguous routes.'';
(4) in subsection (h) by striking ``No motorized vehicles
shall'' and inserting ``Motorized vehicles may not''; and
(5) in subsection (h)(3) by striking ``when State and local
regulations permit,''; and
(6) by striking subsections (i) and (j) and inserting the
following:
``(i) Definitions.--In this section, the following definitions
apply:
``(1) Bicycle transportation facility.--The term `bicycle
transportation facility' means new or improved lanes, paths, or
shoulders for use by bicyclists, traffic control devices,
shelters, and parking facilities for bicycles.
``(2) Pedestrian.--The term `pedestrian' means any person
traveling by foot and 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.''.
(b) Protection of Nonmotorized Transportation Traffic.--Section
109(n) is amended to read as follows:
``(n) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory action
under this title that will result in the severance of an existing major
route or have significant adverse impact on the safety for nonmotorized
transportation traffic and light motorcycles, unless such project or
regulatory action provides for a reasonably alternate route or such a
route exits.''.
(c) Highway and Street Design Standards.--
(1) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall initiate, in
conjunction with the American Association of State Highway and
Transportation Officials, a study to consider proposals to
amend the policies of such association relating to highway and
street design standards to accommodate bicyclists and
pedestrians.
(2) Report.--Not later than 2 years after such date of
enactment, the Secretary shall transmit to Congress a report on
the results of the study with any recommendations on amending
the policies referred to in paragraph (1) the Secretary
determines appropriate.
(d) National Bicycle Safety Education Curricula.--
(1) Development.--The Secretary is authorized to develop a
national bicycle safety education curricula that may include
courses relating to on-road training.
(2) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a copy of the curricula.
(3) Funding.--From amounts made available under section 210
of this Act, the Secretary may use not to exceed $500,000 for
fiscal year 1998 to carry out this subsection.
SEC. 138. HAZARD ELIMINATION PROGRAM.
Section 152 is amended--
(1) in subsection (a) by inserting ``, bicyclists,'' after
``motorists''; and
(2) in subsection (b) by striking ``highway safety
improvement project'' and inserting ``safety improvement
project described in subsection (a)''.
SEC. 139. SUBSTITUTE PROJECT.
(a) Approval of Project.--Notwithstanding any other provision of
law, upon the request of the Mayor of the District of Columbia after
consultation with appropriate local government officials, the Secretary
of Transportation may approve substitute highway, bus transit, and
light rail transit projects, in lieu of construction of the Barney
Circle Freeway project in the District of Columbia, as identified in
the latest Interstate Cost Estimate approved by Congress.
(b) Eligibility for Federal Assistance.--Upon approval of any
substitute project or projects under subsection (a)--
(1) the costs of construction of the interstate
construction project for which such project or projects are
substituted shall not be eligible for funds authorized under
section 108(b) of the Federal-Aid Highway Act of 1956; and
(2) a sum equal to the Federal share of such costs, as
included in the latest interstate cost estimate approved by
Congress, shall be available to the Secretary to incur
obligations under section 103(e)(4) of title 23, United States
Code, for such project.
(c) Limitation on Eligibility.--By September 30, 1999, any
substitute project approved under subsection (a) (for which the
Secretary finds that sufficient Federal funds are available) must be
under contract for construction or construction must have commenced. If
any such substitute project is not under contract for construction or
construction has not commenced by such date, then immediately after
such date, the Secretary shall withdraw approval of such project and no
funds shall be appropriated under the authority of section 103(e)(4) of
title 23, United States Code, for such project.
(d) Administrative Provisions.--
(1) Status of substitute project.--A substitute project
approved under subsection (a) shall be deemed to be a
substitute project for purposes of section 103(e)(4) of title
23, United States Code (other than subparagraphs (C) and (O)).
(2) Reduction of unobligated interstate apportionment.--
Unobligated apportionments for the Interstate System in the
District of Columbia shall, on the date of approval of a
substitute project under subsection (a), be reduced in the
proportion that the Federal share of the costs of the
construction of the interstate construction project for which
such project is substituted bears to the Federal share of the
total cost of all interstate routes in the District of Columbia
as reflected in the latest cost estimate approved by Congress.
(3) Administration through fhwa.--The Secretary shall
administer this section through the Federal Highway
Administration.
SEC. 140. PROJECT ADMINISTRATION.
(a) Life Cycle Cost Analysis.--Section 106(e) is amended--
(1) in paragraph (1) by striking ``with a cost of
$25,000,000 or more'';
(2) by adding at the end of paragraph (1) the following:
``The program shall be based on the principles contained in
section 2 of Executive Order 12893.''; and
(3) in paragraph (2) by inserting after ``maintenance,''
the following: ``user costs,''.
(b) Evaluation of Procurement Practices and Project Delivery.--
(1) Study.--The Comptroller General shall conduct a study
to assess the impact that a utility company's failure to
relocate their facilities in a timely manner has on the
delivery and cost of Federal-aid highway and bridge projects.
The study shall also assess the following:
(A) Methods States use to mitigate such delays,
including the use of the courts to compel utility
cooperation.
(B) The prevalence and use of incentives to utility
companies for early completion of utility relocations
on Federal-aid transportation project sites and,
conversely, penalties assessed on utility companies for
utility relocation delays on such projects.
(C) 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.
(D) Whether individual States compensate
transportation contractors for business costs they
incur when Federal-aid highway and bridge projects
under contract to them are delayed by utility company
caused delays in utility relocations and any 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 transmit
to Congress a report on the results of the study with any
recommendations the Comptroller General determines appropriate
as a result of the study.
SEC. 141. DEFINITIONS.
Section 101(a) is amended to read as follows:
``(a) Definitions.--The following definitions apply:
``(1) Apportionment.--The term `apportionment' includes
unexpended apportionments made under prior authorization laws.
``(2) Carpool project.--The term `carpool project' means
any project to encourage the use of carpools and vanpools,
including provision of carpooling opportunities to the elderly
and handicapped, systems for locating potential riders and
informing them of carpool opportunities, acquiring vehicles for
carpool use, designating existing highway lanes as preferential
carpool highway lanes, providing related traffic control
devices, and designating existing facilities for use for
preferential parking for carpools.
``(3) Construction.--The term `construction' means the
supervising, inspecting, actual building, and all expenses
incidental to the construction or reconstruction of a highway,
including bond costs and other costs relating to the issuance
in accordance with section 122 of bonds or other debt financing
instruments and costs incurred by the State in performing
Federal-aid project related audits which directly benefit the
Federal-aid highway program. Such term includes--
``(A) locating, surveying, and mapping (including
the establishment of temporary and permanent geodetic
markers in accordance with specifications of the
National Oceanic and Atmospheric Administration in the
Department of Commerce);
``(B) resurfacing, restoration, and rehabilitation;
``(C) acquisition of rights-of-way;
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway grade
crossings;
``(F) elimination of roadside obstacles;
``(G) improvements which directly facilitate and
control traffic flow, such as grade separation of
intersections, widening of lanes, channelization of
traffic, traffic control systems, and passenger loading
and unloading areas; and
``(H) capital improvements which directly
facilitate an effective vehicle weight enforcement
program, such as scales (fixed and portable), scale
pits, scale installation, and scale houses.
``(4) County.--The term `county' includes corresponding
units of government under any other name in States which do not
have county organizations and, in those States in which the
county government does not have jurisdiction over highways, any
local government unit vested with jurisdiction over local
highways.
``(5) Federal-aid highways.--The term `Federal-aid
highways' means highways eligible for assistance under this
chapter other than highways classified as local roads or rural
minor collectors.
``(6) Federal-aid system.--The term `Federal-aid system'
means any one of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highways.--The term `Federal lands
highways' means forest highways, public lands highways, park
roads, parkways, and Indian reservation roads which are public
roads.
``(8) Forest development roads and trails.--The term
`forest development roads and trails' means a forest road or
trail under the jurisdiction of the Forest Service.
``(9) Forest highway.--The term `forest highway' means a
forest road under the jurisdiction of, and maintained by, a
public authority and open to public travel.
``(10) Forest road or trail.--The term `forest road or
trail' means a road or trail wholly or partly within, or
adjacent to, and serving the National Forest System and which
is necessary for the protection, administration, and
utilization of the National Forest System and the use and
development of its resources.
``(11) Highway.--The term `highway' includes roads,
streets, and parkways, and also includes rights-of-way,
bridges, railroad-highway crossings, tunnels, drainage
structures, signs, guardrails, and protective structures, in
connection with highways. It further includes that portion of
any interstate or international bridge or tunnel and the
approaches thereto, the cost of which is assumed by a State
highway department, including such facilities as may be
required by the United States Customs and Immigration Services
in connection with the operation of an international bridge or
tunnel.
``(12) Highway safety improvement project.--The term
`highway safety improvement project' means a project which
corrects or improves high hazard locations, eliminates roadside
obstacles, improves highway signing and pavement marking,
installs priority control systems for emergency vehicles at
signalized intersections, installs or replaces emergency
motorist aid call boxes, or installs traffic control or warning
devices at high accident potential locations.
``(13) Indian reservation roads.--The term `Indian
reservation roads' means public roads that are located within
or provide access to an Indian reservation or Indian trust land
or restricted Indian land which is not subject to fee title
alienation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in
which Indians and Alaskan Natives reside, whom the Secretary of
the Interior has determined are eligible for services generally
available to Indians under Federal laws specifically applicable
to Indians.
``(14) Interstate System.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(e).
``(15) Maintenance.--The term `maintenance' means the
preservation of the entire highway, including surface,
shoulders, roadsides, structures, and such traffic-control
devices as are necessary for its safe and efficient
utilization.
``(16) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(17) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic monitoring,
management, and control' includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated
with the continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
``(18) Operational improvement.--The term `operational
improvement' means a capital improvement for installation of
traffic surveillance and control equipment, computerized signal
systems, motorist information systems, integrated traffic
control systems, incident management programs, and
transportation demand management facilities, strategies, and
programs and such other capital improvements to public roads as
the Secretary may designate, by regulation; except that such
term does not include resurfacing, restoring, or rehabilitating
improvements, construction of additional lanes, interchanges,
and grade separations, and construction of a new facility on a
new location.
``(19) Park road.--The term `park road' means a public
road, including a bridge built primarily for pedestrian use,
but with capacity for use by emergency vehicles, that is
located within, or provides access to, an area in the National
Park System with title and maintenance responsibilities vested
in the United States.
``(20) Parkway.--The term `parkway', as used in chapter 2
of this title, means a parkway authorized by Act of Congress on
lands to which title is vested in the United States.
``(21) Project.--The term `project' means an undertaking to
construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.
``(22) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the State highway
department and the Secretary as required by section 110(a).
``(23) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or toll-
free facilities.
``(24) Public lands development roads and trails.--The term
`public lands development roads and trails' means those roads
or trails which the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and utilization of public lands and resources
under his control.
``(25) Public lands highway.--The term `public lands
highway' means any highway through unappropriated or unreserved
public lands, nontaxable Indian lands, or other Federal
reservations under the jurisdiction of and maintained by a
public authority and open to public travel.
``(26) Public road.--The term `public road' means any road
or street under the jurisdiction of and maintained by a public
authority and open to public travel.
``(27) Rural areas.--The term `rural areas' means all areas
of a State not included in urban areas.
``(28) Secretary.--The term `Secretary' means Secretary of
Transportation.
``(29) State.--The term `State' means any one of the fifty
States, the District of Columbia, or Puerto Rico.
``(30) State funds.--The term `State funds' includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State highway department.
``(31) State highway department.--The term `State highway
department' means that department, commission, board, or
official of any State charged by its laws with the
responsibility for highway construction.
``(32) Transportation enhancement activities.--The term
`transportation enhancement activities' means, with respect to
any project or the area to be served by the project, any of the
following activities if such activity has a direct link to
surface transportation: provision of facilities for pedestrians
and bicycles, provision of safety and educational activities
for pedestrians and bicyclists, acquisition of scenic easements
and scenic or historic sites, scenic or historic highway
programs, landscaping and other scenic beautification,
including removal of graffiti and litter to the extent that
such removal is in excess of fiscal year 1997 maintenance
levels for removal of graffiti and litter, historic
preservation, rehabilitation and operation of historic
transportation buildings, structures, or facilities (including
historic railroad facilities and canals), preservation of
abandoned railway corridors (including the conversion and use
thereof for pedestrian or bicycle trails), control and removal
of outdoor advertising, archaeological planning and research,
mitigation of water pollution due to highway runoff, and
provision of tourist and welcome centers and the provision of
information at such centers.
``(33) Urban area.--The term `urban area' means an
urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the urbanized
area in each such State, or urban place as designated by the
Bureau of the Census having a population of 5,000 or more and
not within any urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall, as a minimum, encompass the entire urban place
designated by the Bureau of the Census, except in the case of
cities in the State of Maine and in the State of New Hampshire.
``(34) Urbanized area.--The term `urbanized area' means an
area with a population of 50,000 or more designated by the
Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Boundaries shall,
at a minimum, encompass the entire urbanized area within a
State as designated by the Bureau of the Census.''.
TITLE II--HIGHWAY SAFETY
SEC. 201. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise specifically 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 of law, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 202. HIGHWAY SAFETY PROGRAMS.
(a) Uniform Guidelines.--Section 402(a) is amended--
(1) in the fourth sentence by striking ``(4)'' and
inserting ``(4) to prevent accidents and''; and
(2) in the eighth sentence by striking ``include
information obtained by the Secretary under section 4007 of the
Intermodal Surface Transportation Efficiency Act of 1991 and''.
(b) Administration of State Programs.--Section 402(b) is amended--
(1) by striking ``(b)(1)'' and all that follows through
paragraph (2) and inserting the following:
``(b) Administration of State Programs.--'';
(2) by redesignating paragraph (3), (4), and (5) as
paragraphs (1), (2), and (3), respectively;
(3) in paragraph (1)(C), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (3)''; and
(4) in paragraph (2), as so redesignated, by striking
``paragraph (3)(C)'' and inserting ``paragraph (1)(C)''.
(c) Apportionment of Funds.--The 6th sentence of section 402(c) is
amended by inserting ``the apportionment to the Secretary of the
Interior shall not be less than three-fourths of 1 percent of the total
apportionment and'' after ``except that''.
(d) Application in Indian Country.--Section 402(i) 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 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 requirements of
subsection (b)(1)(D) shall be applicable to Indian tribes,
except to those tribes with respect to which the Secretary of
Transportation determines that application of such provisions
would not be practicable.
``(2) Indian country defined.--In 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 Proceeding.--Section 402(j) is amended to read as
follows:
``(j) Rulemaking Proceeding.--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.''.
SEC. 203. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403(a)(2)(A) is amended by inserting ``, including training
in work zone safety management'' after ``personnel''.
SEC. 204. SAFETY INCENTIVE GRANTS.
(a) In General.--Section 405 is amended to read as follows:
``Sec. 405. Occupant protection incentive grants
``(a) General Authority.--
``(1) Authority to make grants.--Subject to the provisions
of this section, the Secretary shall make grants under
subsections (b) and (c) to States that adopt and implement
effective programs to reduce highway deaths and injuries
resulting from individuals riding unrestrained or improperly
restrained in motor vehicles. Such grants may be used by
recipient States only to implement and enforce, as appropriate,
such programs.
``(2) Maintenance of effort.--No grant may be made to a
State under subsection (b) or (c) in any fiscal year unless the
State enters into such agreements with the Secretary as the
Secretary may require to ensure that the State will maintain
its aggregate expenditures from all other sources for programs
described in paragraph (1) at or above the average level of
such expenditures in its 2 fiscal years preceding the Building
Efficient Surface Transportation and Equity Act of 1997.
``(3) Maximum period of eligibility; federal share for
grants.--No State may receive grants under subsection (b) or
(c) in more than 3 fiscal years beginning after September 30,
1997. The Federal share payable for any grant under this
section 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; and
``(B) in the third fiscal year in which the State receives
the grant, 50 percent of the cost of implementing and
enforcing, as appropriate, in such fiscal year such program.
``(b) Grant a.--A State may establish its eligibility for a grant
under this subsection by adopting or demonstrating to the satisfaction
of the Secretary at least 4 of the following:
``(1) Safety belt use law for all front seat passengers.--
The State has in effect a safety belt use law that makes
unlawful throughout the State the operation of a passenger
motor vehicle whenever an individual 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
individual's body.
``(2) Primary safety belt use law or penalty points.--The
State provides for primary enforcement of its safety belt use
law or provides for the imposition of penalty points against an
individual's driver's license for a violation of its safety
belt use law.
``(3) Child passenger protection law.--The State has in
effect a child passenger protection law that makes unlawful
throughout the State the operation of a passenger motor vehicle
whenever a child up to 4 years of age in the vehicle is not
properly secured in a child safety seat.
``(4) Special traffic enforcement program.--The State has
implemented a statewide special traffic enforcement program for
occupant protection that emphasizes publicity for the program.
``(5) Child occupant protection education program.--The
State has implemented 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.
``(c) Grant b.--A State may establish its eligibility for a grant
under this subsection by adopting or demonstrating to the satisfaction
of the Secretary each of the following:
``(1) 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 years a grant under this subparagraph is
received.
``(2) 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.
``(d) Grant amounts.--The amount of each grant for which a State
qualifies under subsection (b) or (c) for a fiscal year shall equal up
to 30 percent of the amount apportioned to the State for fiscal year
1997 under section 402 of this title.
``(e) Definitions.--In this subsection, the following definitions
apply:
``(1) Child safety seat.--The term `child safety seat'
means any device (except safety belts) designed for use in a
motor vehicle to restrain, seat, or position a child who weighs
50 pounds or less.
``(2) Motor vehicle.--The term `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.
``(3) Multipurpose passenger vehicle.--The term
`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.
``(4) Passenger car.--The term `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.
``(5) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
motor vehicle.
``(6) Safety belt.--The term `safety belt' means--
``(A) 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
``(B) with respect to other passenger vehicles, an
occupant restraint system consisting of integrated lap
and shoulder belts.
``(f) Administrative Expenses.--Funds authorized to be appropriated
to carry out this section shall be subject to a deduction not to exceed
5 percent for the necessary costs of administering the provisions of
this section.
``(g) Applicability of Chapter 1.--
``(1) In general.--Except as otherwise provided in this
subsection, all provisions of chapter 1 of this title that are
applicable to National Highway System funds, other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to Federal-aid highways,
shall apply to the funds authorized to be appropriated to carry
out this section.
``(2) Inconsistent provisions.--If the Secretary determines
that a provision of chapter 1 of this title is inconsistent
with this section, such provision shall not apply to funds
authorized to be appropriated to carry out this section.
``(3) Credit for state and local expenditures.--The
aggregate of all expenditures made during any fiscal year by a
State and its political subdivisions (exclusive of Federal
funds) for carrying out the State highway safety program under
section 402 (other than planning and administration) shall be
available for the purpose of crediting such State during such
fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
``(4) Increased federal share for certain indian tribe
programs.--In the case of an occupant protection program
carried out by an Indian tribe, if the Secretary is satisfied
that an Indian tribe does not have sufficient funds available
to meet the non-Federal share of the cost of such program, the
Secretary may increase the Federal share of the cost thereof
payable under this title to the extent necessary.
``(5) Treatment of term `state highway department'.--In
applying provisions of chapter 1 in carrying out this section,
the term `State highway department' as used in such provisions
shall mean the Governor of a State and, in the case of an
Indian tribe program, the Secretary of the Interior.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by inserting after the item relating to section 404 the
following:
``405. Occupant protection incentive grants.''.
SEC. 205. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.
(a) In General.--Section 406 is amended to read as follows:
``Sec. 406. State highway safety data improvements
``(a) General Authority.--Subject to the provisions of this
section, the Secretary shall make grants to States that adopt and
implement effective programs to--
``(1) improve the timeliness, accuracy, completeness,
uniformity, and accessibility of the State's data needed to
identify priorities for State and local highway and traffic
safety programs;
``(2) evaluate the effectiveness of efforts to make such
improvements; and
``(3) 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.
Such grants may be used by recipient States only to implement such
programs.
``(b) Maintenance of Effort.--No grant may be made to a State under
this section in any fiscal year unless the State enters into such
agreements with the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expenditures from all other
sources for highway safety data programs at or above the average level
of such expenditures in its 2 fiscal years preceding the date of the
enactment of the Building Efficient Surface Transportation and Equity
Act of 1997.
``(c) Maximum Period of Eligibility; Federal Share for Grants.--No
State may receive grants under this section in more than 3 fiscal years
beginning after September 30, 1997. The Federal share payable for any
grant under this section shall not exceed--
``(1) 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;
``(2) in the third fiscal year in which the State receives
the grant, 50 percent of the cost of implementing and
enforcing, as appropriate, in such fiscal year such program.
``(d) First-Year Grants.--
``(1) Eligibility.--A State shall be eligible for a first-
year grant under this section in a fiscal year if the State
either--
``(A) demonstrates, to the satisfaction of the
Secretary, that the State 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);
``(ii) completed, within the preceding 5
years, a highway safety data and traffic
records assessment or an audit of the State's
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
State's highway safety data and traffic records
coordinating committee, that identifies and
prioritizes the State's 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) a certification that the State has
met the requirements of clauses (i) and (ii) of
subparagraph (A);
``(ii) a multiyear plan that--
``(I) identifies and prioritizes
the State's highway safety data and
traffic records needs and goals;
``(II) specifies how the State's
incentive funds for the fiscal year
will be used to address those needs and
goals; and
``(III) identifies performance-
based measures by which progress toward
those goals will be determined; and
``(iii) a certification that the State's
highway safety data and traffic records
coordinating committee continues to operate and
supports the multiyear plan described in clause
(ii).
``(2) Grant amounts.--The amount of a first-year grant made
to a State for a fiscal year under this subsection shall
equal--
``(A) if the State is eligible for the grant under
paragraph (1)(A), $125,000, subject to the availability
of appropriations; and
``(B) if the State is eligible for the grant under
paragraph (1)(B), an amount determined by multiplying--
``(i) the amount appropriated to carry out
this section for such fiscal year; by
``(ii) the ratio that the funds apportioned
to the State under section 402 for fiscal year
1997 bears to the funds apportioned to all
States under section 402 for fiscal year 1997;
except that no State shall receive less than $225,000,
subject to the availability of appropriations.
``(e) Succeeding Year Grants.--
``(1) Eligibility.--A State shall be eligible for a grant
under this subsection in any fiscal year succeeding the first
fiscal year in which the State receives a grant under
subsection (d) if the State, to the satisfaction of the
Secretary--
``(A) submits or updates a multiyear plan described
in paragraph (1)(B)(ii);
``(B) certifies that the highway safety data and
traffic records coordinating committee of the State
continues to operate and supports the multiyear plan;
and
``(C) reports annually on the State's progress in
implementing the multiyear plan.
``(2) Grant amounts.--The amount of a succeeding year grant
made to the State for a fiscal year under this paragraph shall
equal the amount determined by multiplying--
``(A) the amount appropriated to carry out this
section for such fiscal year; by
``(B) the ratio that the funds apportioned to the
State under section 402 for fiscal year 1997 bears to
the funds apportioned to all States under section 402
for fiscal year 1997;
except that no State shall receive less than $225,000, subject
to the availability of appropriations.
``(f) Administrative Expenses.--Funds authorized to be appropriated
to carry out this section shall be subject to a deduction not to exceed
5 percent for the necessary costs of administering the provisions of
this section.
``(g) Applicability of Chapter 1.--
``(1) In general.--Except as otherwise provided in this
subsection, all provisions of chapter 1 of this title that are
applicable to National Highway System funds, other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to Federal-aid highways,
shall apply to the funds authorized to be appropriated to carry
out this section.
``(2) Inconsistent provisions.--If the Secretary determines
that a provision of chapter 1 of this title is inconsistent
with this section, such provision shall not apply to funds
authorized to be appropriated to carry out this section.
``(3) Credit for state and local expenditures.--The
aggregate of all expenditures made during any fiscal year by a
State and its political subdivisions (exclusive of Federal
funds) for carrying out the State highway safety program under
section 402 (other than planning and administration) shall be
available for the purpose of crediting such State during such
fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
``(4) Increased federal share for certain indian tribe
programs.--In the case of a highway safety data improvements
program carried out by an Indian tribe, if the Secretary is
satisfied that an Indian tribe does not have sufficient funds
available to meet the non-Federal share of the cost of such
program, the Secretary may increase the Federal share of the
cost thereof payable under this title to the extent necessary.
``(5) Treatment of term `state highway department'.--In
applying provisions of chapter 1 in carrying out this section,
the term `State highway department' as used in such provisions
shall mean the Governor of a State and, in the case of an
Indian tribe program, the Secretary of the Interior.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by inserting after the item relating to section 405 the
following:
``406. State highway safety data improvements.''.
SEC. 206. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
Section 410 is amended to read as follows:
``Sec. 410. Alcohol-impaired driving countermeasures
``(a) General Authority.--Subject to the requirements of this
section, the Secretary shall make grants to States that adopt and
implement effective programs to reduce traffic safety problems
resulting from individuals driving while under the influence of
alcohol. Such grants may only be used by recipient States to implement
and enforce such programs.
``(b) Maintenance of Effort.--No grant may be made to a State under
this section in any fiscal year unless the State enters into such
agreements with the Secretary as the Secretary may require to ensure
that the State will maintain its aggregate expenditures from all other
sources for alcohol traffic safety programs at or above the average
level of such expenditures in its 2 fiscal years preceding the date of
the enactment of the Building Efficient Surface Transportation and
Equity Act of 1997.
``(c) Maximum Period of Eligibility; Federal Share for Grants.--No
State may receive grants under this section in more than 3 fiscal years
beginning after September 30, 1997. The Federal share payable for any
grant under this section shall not exceed--
``(1) in the first and second fiscal years in which the
State receives a grant under this section, 75 percent of the
cost of implementing and enforcing in such fiscal year a
program adopted by the State pursuant to subsection (a); and
``(2) in the third fiscal year in which the State receives
a grant under this section, 50 percent of the cost of
implementing and enforcing in such fiscal year such program.
``(d) Basic Grant Eligibility.--
``(1) Basic grant a.--A State shall become eligible for a
grant under this paragraph by adopting or demonstrating to the
satisfaction of the Secretary at least 5 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 individuals who operate motor
vehicles while under the influence of alcohol that
requires that--
``(i) in the case of an individual who, in
any 5-year period beginning after the date of
the enactment of the Building Efficient Surface
Transportation and Equity Act of 1997, 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 receipt of the report of the law
enforcement officer--
``(I) shall suspend the driver's
license of such individual for a period
of not less than 90 days if such
individual is a first offender in such
5-year period; and
``(II) shall suspend the driver's
license of such individual for a period
of not less than 1 year, or revoke such
license, if such individual is a repeat
offender in such 5-year period; and
``(ii) the suspension and revocation
referred to under clause (i) shall take effect
not later than 30 days after the day on which
the individual 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 may include a
graduated licensing system, 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, and
the issuance of drivers' licenses that are tamper
resistant.
``(D) Enforcement program.--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;
dedicated detention facilities; special measures to
reduce driving with a suspended license; and assignment
of treatment.
``(F) 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.
``(G) 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.
``(H) 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.--A State shall become eligible for a
grant under this paragraph by adopting or demonstrating to the
satisfaction of the Secretary each 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.
``(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 the
calendar years referred to in subparagraph (A).
``(4) Basic grant amount.--The amount of a basic grant made
to a State for a fiscal year under this subsection shall equal
up to 30 percent of the amount apportioned to the State for
fiscal year 1997 under section 402 of this title.
``(e) Discretionary Grants.--
``(1) In general.--Upon receiving an application from a
State, the Secretary may make grants to the State for carrying
out innovative programs (other than the programs specified in
subsection (d)) to reduce traffic safety problems resulting
from individuals driving while under the influence of alcohol.
Such programs may seek to achieve such a reduction through
legal, judicial, enforcement, educational, technological, or
other approaches.
``(2) Eligibility.--A State shall be eligible to receive a
grant under this subsection in a fiscal year only if the State
is eligible to receive a grant under subsection (d) in such
fiscal year.
``(3) Funding.--Of the amounts made available to carry out
this section, not to exceed 12 percent shall be available for
making grants under this subsection.
``(f) Administrative Expenses.--Funds authorized to be appropriated
to carry out this section shall be subject to a deduction not to exceed
5 percent for the necessary costs of administering the provisions of
this section.
``(g) Applicability of Chapter 1.--
``(1) In general.--Except as otherwise provided in this
subsection, all provisions of chapter 1 of this title that are
applicable to National Highway System funds, other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to Federal-aid highways,
shall apply to the funds authorized to be appropriated to carry
out this section.
``(2) Inconsistent provisions.--If the Secretary determines
that a provision of chapter 1 of this title is inconsistent
with this section, such provision shall not apply to funds
authorized to be appropriated to carry out this section.
``(3) Credit for state and local expenditures.--The
aggregate of all expenditures made during any fiscal year by a
State and its political subdivisions (exclusive of Federal
funds) for carrying out the State highway safety program under
section 402 (other than planning and administration) shall be
available for the purpose of crediting such State during such
fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
``(4) Increased federal share for certain indian tribe
programs.--In the case of an alcohol-impaired driving
countermeasures program carried out by an Indian tribe, if the
Secretary is satisfied that an Indian tribe does not have
sufficient funds available to meet the non-Federal share of the
cost of such program, the Secretary may increase the Federal
share of the cost thereof payable under this title to the
extent necessary.
``(5) Treatment of term `state highway department'.--In
applying provisions of chapter 1 in carrying out this section,
the term `State highway department' as used in such provisions
shall mean the Governor of a State and, in the case of an
Indian tribe program, the Secretary of the Interior.
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Alcoholic beverage.--The term `alcoholic beverage'
has the meaning such term has under section 158(c) of this
title.
``(2) Controlled substances.--The term `controlled
substances' has the meaning such term has under section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
``(3) Motor vehicle.--The term `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.''.
SEC. 207. NATIONAL DRIVER REGISTER.
(a) Transfer of Selected Functions to Non-Federal Management.--
Section 30302 of title 49, United States Code, is amended by adding at
the end the following:
``(e) Transfer of Selected Functions to Non-Federal Management.--
``(1) Agreement.--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) Required demonstration.--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) Transition period.--Any 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 the States 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 shall continue to fund these transferred functions.
``(4) Fees.--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 of performing these
functions in such fiscal year.
``(5) Limitation on statutory construction.--Nothing in
this subsection may be construed to diminish, limit, or
otherwise affect the authority of the Secretary to carry out
this chapter.''.
(b) Access to Register Information.--
(1) Conforming amendments.--Section 30305(b) of title 49,
United States Code, is amended--
(A) in paragraph (2) by inserting before the period
at the end the following: ``, unless the information is
about a revocation or suspension still in effect on the
date of the request'';
(B) in paragraph (8), as redesignated by section
207(b) of the Coast Guard Authorization Act of 1996
(Public Law 104-324, 110 Stat. 3908)--
(i) by striking ``paragraph (2)'' and
inserting ``subsection (a) of this section'';
and
(ii) by moving the text of such paragraph 2
ems to the left; and
(C) by redesignating paragraph (8), as redesignated
by section 502(b)(1) of the Federal Aviation
Reauthorization Act of 1996 (Public Law 104-264, 110
Stat. 3262), as paragraph (9).
(2) Federal agency access provision.--Section 30305(b) of
title 49, United States Code, is further amended--
(A) by redesignating paragraph (6) as paragraph
(10) and inserting such paragraph after paragraph (9);
(B) by inserting after paragraph (5) the following:
``(6) 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) of this
section 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).''; and
(C) by adding at the end the following:
``(11) 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.''.
SEC. 208. BLOWOUT RESISTANT TIRES.
(a) Study.--The Secretary shall conduct a study on the benefit to
public safety of the use of blowout resistant tires on commercial motor
vehicles and the potential to decrease the incidence of accidents and
fatalities from accidents occurring as a result of blown out tires.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under this section.
(c) Limitation on Funding.--The Secretary may not expend more than
$200,000 in conducting the study under this section.
SEC. 209. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD ALCOHOL
CONCENTRATIONS.
(a) Study.--The Comptroller General shall conduct a study to
evaluate the effectiveness of State laws that--
(1) deem any individual with a blood alcohol concentration
of 0.08 percent or greater while operating a motor vehicle to
be driving while intoxicated; and
(2) deem any individual under the age of 21 with a blood
alcohol concentration of 0.02 percent or greater while
operating a motor vehicle to be driving while intoxicated;
in reducing the number and severity of alcohol-involved crashes.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Public Works and the Environment of the Senate a
report containing the results of the study conducted under this
section.
SEC. 210. AUTHORIZATIONS OF APPROPRIATIONS.
The following sums are authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account):
(1) NHTSA highway safety programs.--For carrying out
section 402 of title 23, United States Code, by the National
Highway Traffic Safety Administration $128,200,000 for fiscal
year 1998, $150,700,000 for fiscal year 1999, and $195,700,000
for fiscal year 2000.
(2) FHWA highway safety programs.--For carrying out section
402 of title 23, United States Code, by the Federal Highway
Administration $12,000,000 for fiscal year 1998, $20,000,000
for fiscal year 1999, and $25,000,000 for fiscal year 2000.
(3) NHTSA highway safety research and development.--For
carrying out section 403 of such title by the National Highway
Traffic Safety Administration $55,000,000 per fiscal year for
fiscal years 1998 through 2000.
(4) FHWA highway safety research and development.--For
carrying out section 403 of such title by the Federal Highway
Administration $20,000,000 per fiscal year for fiscal years
1998 through 2000.
(5) Occupant protection incentive grants.--For carrying out
section 405 of such title $9,000,000 for fiscal year 1998 and
$20,000,000 per fiscal year for fiscal years 1999 and 2000.
(6) State highway safety data grants.--For carrying out
section 406 of such title $2,500,000 for fiscal year 1998 and
$12,000,000 per fiscal year for fiscal years 1999 and 2000.
(7) Alcohol traffic safety incentive grant program.--For
carrying out section 410 of such title $35,000,000 for fiscal
year 1998 and $45,000,000 per fiscal year for fiscal years 1999
and 2000.
(8) National driver register.--For carrying out chapter 303
of title 49, United States Code, by the National Highway
Traffic Safety Administration, $2,300,000 per fiscal year for
fiscal years 1998 through 2000.
SEC. 211. TRANSPORTATION INJURY RESEARCH.
(a) In General.--The Secretary shall make grants to establish and
maintain a center for transportation injury research at the State
University of New York at Buffalo.
(b) Funding.--Of the amounts made available for each of fiscal
years 1998 through 2000 by section 127(a)(3)(H) of this Act, $2,000,000
per fiscal year shall be available to carry out this section.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 301. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically 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 of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 302. DEFINITIONS.
Section 5302 is amended to read as follows:
``Sec. 5302. Definitions
``(a) In General.--In this chapter, the following definitions
apply:
``(1) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in mass
transportation, expenses incidental to the acquisition
or construction (including designing, engineering,
location surveying, mapping, and acquiring rights of
way), payments for the capital portions of rail
trackage rights agreements, transit-related intelligent
transportation systems, relocation assistance,
acquiring replacement housing sites, and acquiring,
constructing, relocating, and rehabilitating
replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in
mass transportation subject to regulations the
Secretary prescribes limiting the leasing arrangements
to those that are more cost-effective than acquisition
or construction; or
``(G) a mass transportation improvement that
enhances economic development or incorporates private
investment (including commercial and residential
development and pedestrian and bicycle access to a mass
transportation facility) 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; and
``(ii) provides a fair share of revenue for
mass transportation that will be used for mass
transportation.
``(2) Chief executive officer of a state.--The term `chief
executive officer of a State' includes the designee of the
chief executive officer.
``(3) Emergency regulation.--The term `emergency
regulation' means a regulation--
``(A) that is effective temporarily before the
expiration of the otherwise specified periods of time
for public notice and comment under section 5334(b) of
this title; and
``(B) prescribed by the Secretary of Transportation
as the result of a finding that a delay in the
effective date of the regulation--
``(i) would injure seriously an important
public interest;
``(ii) would frustrate substantially
legislative policy and intent; or
``(iii) would damage seriously a person or
class without serving an important public
interest.
``(4) Fixed guideway.--The term `fixed guideway' means a
mass transportation facility--
``(A) using and occupying a separate right of way
or rail for the exclusive use of mass transportation
and other high occupancy vehicles; or
``(B) using a fixed catenary system and a right of
way usable by other forms of transportation.
``(5) Handicapped individual.--The term `handicapped
individual' means an individual who, because of illness,
injury, age, congenital malfunction, or other incapacity or
temporary or permanent disability (including an individual who
is a wheelchair user or has semiambulatory capability), cannot
use effectively, without special facilities, planning, or
design, mass transportation service or a mass transportation
facility.
``(6) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least one State or
political subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(7) Mass transportation.--The term `mass transportation'
means transportation by a conveyance that provides regular and
continuing general or special transportation to the public, but
does not include schoolbus, charter, or sightseeing
transportation.
``(8) Net project cost.--The term `net project cost' means
the part of a project that reasonably cannot be financed from
revenues.
``(9) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in mass transportation
in the United States before the date of production of
the model; or
``(B) used in mass transportation in the United
States but being produced with a major change in
configuration or components.
``(10) Preventive maintenance.--The term `preventive
maintenance' means a major activity intended to improve or
upgrade a transit vehicle or facility or repair or replace a
damaged, malfunctioning, overaged, or outmoded transit vehicle
or facility system, subsystem, element, or component. Such term
does not include any activity of a routine or servicing nature,
such as checking and replenishing fluid levels, adjusting
settings on otherwise properly operating components, washing
and cleaning a transit vehicle or facility, changing tires and
wheels, or repairing damage to a vehicle or facility caused by
an accident.
``(11) Public transportation.--The term `public
transportation' means mass transportation.
``(12) Regulation.--The term `regulation' means any part of
a statement of general or particular applicability of the
Secretary of Transportation designed to carry out, interpret,
or prescribe law or policy in carrying out this chapter.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin Islands.
``(14) Transit.--The term `transit' means mass
transportation.
``(15) Transit enhancement.--The term `transit enhancement'
means with respect to any project or an area to be served by
the project, historic preservation, rehabilitation, and
operation of historic mass transportation buildings,
structures, and facilities (including historic railroad
facilities and canals); projects that enhance transit safety
and security; landscaping and other scenic beautification and
art in and around mass transportation stations, facilities, bus
shelters, bridges, and buses; bicycle and pedestrian access to
mass transportation, including bicycle storage facilities and
installing equipment for transporting bicycles on mass
transportation vehicles; projects that enhance access for the
disabled to mass transportation; and archaeological planning
and research related to mass transportation projects.
``(16) Urban area.--The term `urban area' means an area
that includes a municipality or other built-up place that the
Secretary of Transportation, after considering local patterns
and trends of urban growth, decides is appropriate for a local
mass transportation system to serve individuals in the
locality.
``(17) Urbanized area.--The term `urbanized area' means an
area--
``(A) encompassing at least an urbanized area
within a State that the Secretary of Commerce
designates; and
``(B) designated as an urbanized area within
boundaries fixed by State and local officials and
approved by the Secretary of Transportation.
``(b) Authority To Modify `Handicapped Individual'.--The Secretary
of Transportation by regulation may modify the definition of subsection
(a)(5) as it applies to section 5307(d)(1)(D) of this title.''.
SEC. 303. METROPOLITAN PLANNING.
(a) Goals and Objectives of Planning Process.--Section 5303(b) is
amended to read as follows:
``(b) Goals and Objectives of Planning Process.--
``(1) Consideration.--To the extent that the metropolitan
planning organization determines appropriate, the metropolitan
transportation planning process may include consideration of
goals and objectives that--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety and security of the
transportation system;
``(C) increase the accessibility and mobility for
people and freight;
``(D) protect and enhance the environment, conserve
energy, and enhance quality of life;
``(E) enhance the integration and connectivity of
the transportation system, across and between modes,
for people and freight;
``(F) promote efficient system utilization and
operation; and
``(G) preserve the existing transportation system.
``(2) Conversion to goals and objectives.--The metropolitan
planning organization shall cooperatively determine with the
State and mass transportation operators how the considerations
listed in paragraph (1) are translated into metropolitan goals
and objectives and how they are factored into decision
making.''.
(b) Long Range Transportation Plan.--Section 5303(f) is amended--
(1) in paragraph (1) by inserting ``transportation'' after
``long-range'';
(2) in paragraph (1) by striking ``at least shall--'' and
inserting ``shall contain, at a minimum, the following:'';
(3) in paragraph (1)(A) by striking ``identify'' and
inserting ``An identification of'';
(4) by striking paragraph (1)(B) and inserting the
following:
``(B) A financial plan that demonstrates how the
adopted transportation plan can be implemented,
indicates resources from public and private sources
that are reasonably expected to be made available to
carry out the plan and recommends any additional
financing strategies for needed projects and programs.
The financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted transportation plan if reasonable
additional resources beyond those identified in the
financial plan were available. For the purpose of
developing the transportation plan, the metropolitan
planning organization and State shall cooperatively
develop estimates of funds that will be available to
support plan implementation.'';
(5) in paragraph (1)(C) by striking ``assess'' and
inserting ``An assessment of'';
(6) in paragraph (4) by inserting after ``employees,'' the
following: ``freight shippers and providers of freight
transportation services,''; and
(7) in paragraph (5) by inserting ``transportation'' before
``plan''.
SEC. 304. TRANSPORTATION IMPROVEMENT PROGRAM.
Section 5304 is amended--
(1) in subsection (a) by striking ``2 years'' and inserting
``3 years''; and
(2) in subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and'';
(C) by adding at the end the following:
``(D) may include, for illustrative purposes,
additional projects that would be included in the
adopted transportation plan if reasonable additional
resources beyond those identified in the financial plan
were available.''.
SEC. 305. TRANSPORTATION MANAGEMENT AREAS.
Section 5305 is amended--
(1) in subsection (c) by striking ``shall'' and inserting
``may''; and
(2) in subsection (d)(1) by striking ``of the National
Highway System'' each place it appears and inserting the
following: ``under the National Highway System and high risk
road safety programs,''.
SEC. 306. URBANIZED AREA FORMULA GRANTS.
(a) Section Heading.--
(1) Amendment to section.--Section 5307 is amended by
striking the section heading and inserting the following:
``Sec. 5307. Urbanized area formula grants''.
(2) Conforming amendment.--The item relating to section
5307 in the table of sections for chapter 53 is amended to read
as follows:
``5307. Urbanized area formula grants.''.
(b) Definitions.--Section 5307(a) is amended--
(1) by striking ``In this section'' and inserting ``In this
section, the following definitions apply:'';
(2) by inserting ``Associated capital maintenance items.--
The term'' after ``(1)'';
(3) by inserting ``Designated recipient.--The term'' after
``(2)''.
(c) General Authority.--Section 5307(b) is amended--
(1) in paragraph (1)--
(A) by striking ``, improvement, and operating
costs'' and inserting ``and improvement costs''; and
(B) by adding at the end the following new
sentence: ``In an urbanized area with a population of
less than 200,000, the Secretary may also make grants
under this section to finance the operating cost of
equipment and facilities for use in mass
transportation.'';
(2) by striking paragraphs (3) and (5); and
(3) redesignating paragraph (4) as paragraph (3).
(d) Advance Construction.--Section 5307(g)(3) is amended by
striking ``the amount by which'' and all that follows through the
period at the end and inserting ``the most favorable financing terms
reasonably available for the project at the time of borrowing. The
applicant shall certify, in a manner satisfactory to the Secretary,
that the applicant has shown reasonable diligence in seeking the most
favorable financing terms.''.
(e) Coordination of Reviews.--Section 5307(i)(2) is amended by
adding at the end the following: ``To the extent practicable, the
Secretary shall coordinate such reviews with any related State or local
reviews.''.
(f) Transit Enhancement Activities.--Section 5307(k) is amended to
read as follows:
``(k) Transit Enhancement Activities.--2 percent of the funds
apportioned to urbanized areas of at least 200,000 population under
section 5336 for a fiscal year shall only be available for transit
enhancement activities.''.
(g) Conforming Amendments.--Section 5307(n) is amended--
(1) by striking ``(1)'' the first place it appears and all
that follows through ``(2)''; and
(2) by inserting ``5319,'' after ``5318,''.
SEC. 307. MASS TRANSIT ACCOUNT BLOCK GRANTS.
Section 5308, and the item relating to section 5308 in the table of
sections for chapter 53, are repealed.
SEC. 308. CAPITAL PROGRAM GRANTS AND LOANS.
(a) Section Heading.--Section 5309 is amended in the section
heading by striking ``Discretionary'' and inserting ``Capital
program''.
(b) Conforming Amendment.--The item relating to section 5309 in the
table of sections for chapter 53 is amended by striking
``Discretionary'' and inserting ``Capital program''.
(c) General Authority.--Section 5309(a) is amended--
(1) by striking subparagraph (E) and inserting the
following:
``(E) capital projects to modernize existing fixed guideway
systems;'';
(2) by striking ``and'' at the end of paragraph (1)(F);
(3) by striking the period at the end of paragraph (1)(G)
and inserting ``; and''; and
(4) by inserting after paragraph (1)(G) the following:
``(H) capital projects to replace, rehabilitate, and
purchase buses and related equipment and to construct bus-
related facilities.''.
(d) Consideration of Decreased Commuter Rail Transportation.--
Section 5309(c) is repealed.
(e) Criteria for Grants and Loans for Fixed Guideway Systems.--
Section 5309(e) is amended to read as follows:
``(e) Criteria for Grants and Loans for Fixed Guideway Systems.--
``(1) In general.--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 determines
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) Alternatives analysis and preliminary engineering.--
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) Project justification.--In evaluating a project under
paragraph (1)(B), the Secretary shall--
``(A) consider the direct and indirect costs of
relevant alternatives;
``(B) consider factors such as congestion relief,
improved mobility, air pollution, noise pollution,
energy consumption, and all associated ancillary and
mitigation costs necessary to carry out each
alternative analyzed;
``(C) identify and consider existing mass
transportation supportive land use policies and future
land use patterns and the costs 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, current transit
ridership in the corridor, and cost per new rider;
``(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
determines appropriate to carry out this chapter.
``(4) Local financial commitment.--
``(A) Evaluation of project.--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 determines to be reasonable to cover
unanticipated cost increases;
``(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) Stability, reliability, and availability of
local financing.--In assessing the stability,
reliability, and availability of proposed sources of
local financing for the project, the Secretary 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) Regulations.--No later than 120 days after the date
of the enactment of the Building Efficient Surface
Transportation and Equity Act of 1997, the Secretary shall
issue regulations on how the Secretary will evaluate and rate
the projects based on the results of alternatives analysis,
project justification, and the degree of local financial
commitment as required under this subsection.
``(6) Project evaluation and rating.--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 finds that
the project meets the requirements of this section and there is
a reasonable likelihood that the project will continue to meet
such requirements. In making such findings, 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. In rating the projects, the Secretary shall
provide, in addition to the overall project rating, individual
ratings for each criteria established under the regulations
issued under paragraph (5).
``(7) Full funding grant agreement.--A project financed
under this subsection shall be carried out through a full
funding grant agreement. The Secretary shall enter into a full
funding grant agreement based on the evaluations and ratings
required under this subsection. 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) Limitations on applicability.--
``(A) Projects with a section 5309 federal share of
less than $25,000,000.--A project for a new 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) Projects in nonattainment areas.--The
simultaneous evaluation of projects in at least 2
corridors in a metropolitan area may not be limited and
the Secretary 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
defined by the Clean Air Act (42 U.S.C. 7401 et
seq.)); and
``(iii) required to carry out the State
Implementation Plan.
``(C) Projects financed with highway funds.--This
subsection does not apply to a project financed
completely with amounts made available from the Highway
Trust Fund (other than the Mass Transit Account).
``(D) Previously issued letter of intent or full
funding grant agreement.--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 the enactment of this
subparagraph.''.
(f) Letters of Intent and Full Funding Grant Agreements.--Section
5309(g) 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'';
(3) in paragraph (1)(B)--
(A) by striking ``30 days'' and inserting ``60
days'';
(B) by inserting before the first comma ``or
entering into a full funding grant agreement''; 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 the evaluations and
ratings for the project.''; and
(4) in paragraph (2) by striking ``full financing'' each
place it appears and inserting ``full funding''.
(g) Allocating Amounts.--Section 5309(m) is amended to read as
follows:
``(m) Allocating Amounts.--
``(1) In general.--Of the amounts made available by section
5338(b) for grants and loans under this section for each of
fiscal years 1998, 1999, and 2000--
``(A) 40 percent shall be available for fixed
guideway modernization;
``(B) 40 percent shall be available for capital
projects for new fixed guideway systems and extensions
to existing fixed guideway systems; and
``(C) 20 percent shall be available to replace,
rehabilitate, and buy buses and related equipment and
to construct bus-related facilities.
``(2) Limitation on amounts available for activities other
than final design and construction.--Not more than 8 percent of
the amounts made available in each fiscal year by paragraph
(1)(B) shall be available for activities other than final
design and construction.
``(3) Bus and bus facility grants.--
``(A) Consideration.--In making grants under
paragraph (1)(C), the Secretary shall consider the age
of buses, bus fleets, related equipment, and bus-
related facilities.
``(B) Funding for bus testing facility.--Of the
amounts made available by paragraph (1)(C), $3,000,000
shall be available in each of fiscal years 1998, 1999,
and 2000 to carry out section 5318.
``(C) Funding for bus technology pilot program.--Of
the funds made available by paragraph (1)(C), 10
percent shall be available in each of fiscal years
1998, 1999, and 2000 to carry out the bus technology
pilot program under subsection (o).
``(D) Other than urbanized areas.--Of amounts made
available by paragraph (1)(C), not less than 5.5
percent shall be available in each fiscal year for
other than urbanized areas.
``(4) Eligibility for assistance for multiple projects.--A
person applying for, or receiving, assistance for a project
described in clause (A), (B), or (C) of paragraph (1) may
receive assistance for a project described in another of those
clauses.''.
(h) Advance Construction.--Section 5309(n)(2) is amended by
striking ``in a way'' and inserting ``in a manner''.
(i) Conforming Amendments.--
(1) Relocation of subsection.--Section 5309 is amended--
(A) by striking subsection (f); and
(B) by redesignating subsections (g) through (o) as
subsections (f) through (n), respectively.
(2) Cross references.--Chapter 53 is amended--
(A) in section 5319 by striking ``5309(h) and
inserting ``5309(g)'';
(B) in section 5328(a)(2) by striking ``5309(e)(1)-
(6) of this title'' and inserting ``5309(e)''; and
(C) in section 5328(a)(4) by striking ``5309(m)(2)
of this title'' and inserting ``5309(o)(1)''.
(3) References to full funding grant agreements.--Sections
5320 and 5328(a)(4) are each amended by striking ``full
financing'' and inserting ``full funding''. The subsection
heading for section 5320(e) is amended by striking
``Financing'' and inserting ``Funding''.
(j) Bus Technology Pilot Program.--Section 5309 is further amended
by adding at the end the following:
``(o) Bus Technology Pilot Program.--
``(1) Establishment.--The Secretary shall establish a pilot
program for the testing and deployment of new bus technology,
including clean fuel and alternative fuel technology.
``(2) Projects.--Under the pilot program, the Secretary
shall carry out projects for testing and deployment of new bus
technology, including clean fuel and alternative fuel
technology. The Secretary shall select projects for funding
under the pilot program that will employ a variety of
technologies and will be performed in a variety of geographic
areas of the country with populations under 50,000, between
50,000 and 200,000, and over 200,000.
``(3) Report.--Not later than April 30, 2000, the Secretary
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 pilot program, including a
description of the projects carried out, the amounts obligated,
and the status of the test and deployment activities
undertaken.''.
(k) Reports.--Section 5309 is further 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.--The annual
report under this paragraph shall include 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 the enactment of this
Act or October 1 of the preceding fiscal year,
whichever date is earlier. The report shall also
include 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 currently available to the Secretary.
``(2) Supplemental report on new starts.--The Secretary
shall submit a report to Congress on the 31st day of August of
each year 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 General Accounting Office
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) shall report to Congress on the results of
such review by April 30 of each year.''.
(l) Project Defined.--Section 5309 is further amended by adding at
the end the following:
``(q) Project Defined.--In this section, the term `project' means,
with respect to a new fixed guideway system or extension to an existing
fixed guideway system, a minimum operable segment of the project.''.
SEC. 309. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.
(a) Section Heading.--Section 5310 is amended in the section
heading by inserting ``formula'' before ``grants''.
(b) Conforming Amendment.--The item relating to section 5310 in the
table of sections for chapter 53 is amended by inserting ``formula''
before ``grants''.
SEC. 310. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.
(a) Intercity Bus Transportation.--Section 5311 is amended--
(1) in the section heading by striking ``financial
assistance'' and inserting ``formula grants''; and
(2) in subsection (f)(1) by striking ``10 percent of the
amount made available in the fiscal year ending September 30,
1993, and''.
(b) Conforming Amendment.--The item relating to section 5310 in the
table of sections for chapter 53 is amended by striking ``Financial
assistance'' and inserting ``Formula grant''.
SEC. 311. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.
(a) In General.--Section 5312 is amended--
(1) in each of subsections (a) and (b) by striking the
first parenthetical phrase; and
(2) by adding at the end the following:
``(d) Joint Partnerships for Deployment of Innovation.--
``(1) Consortium defined.--In this subsection, the term
``consortium'' means one or more public or private
organizations located in the United States which provide mass
transportation service to the public and one or more
businesses, including small and medium sized businesses,
incorporated in a State, offering goods or services or willing
to offer goods or services to mass transportation operators. It
may include as additional members public or private research
organizations located in the United States, or State or local
governmental authorities.
``(2) Grants and agreements.--The Secretary may make grants
and enter into contracts, cooperative agreements, and other
agreements with consortia selected competitively from among
public and private partnerships to promote the early deployment
of innovation in mass transportation technology, services,
management, or operational practices. Any such grant, contract,
or agreement shall provide for the sharing of costs, risks, and
rewards of early deployment of innovation. Such grants,
contracts, and agreements shall be subject to such terms and
conditions as the Secretary prescribes.
``(3) Consultation requirement.--This subsection shall be
carried out in consultation with the transit industry.
``(4) Cost sharing.--Any consortium that receives a grant
or enters into a contract or agreement under this subsection
shall provide at least 50 percent of the cost of any joint
partnership project. Any business, organization, person, or
governmental body may contribute funds to such project.
``(5) Public notice.--The Secretary shall periodically give
public notice of--
``(A) the technical areas for which joint
partnerships are solicited under this subsection;
``(B) required qualifications of consortia desiring
to participate in such partnerships;
``(C) the method of selection and evaluation
criteria to be used in selecting participating
consortia and projects under this subsection; and
``(D) the process by which projects will be awarded
under this subsection.
``(6) Acceptance of revenues.--The Secretary may accept a
portion of the revenues resulting from sales of an innovation
supported under this subsection and deposit any revenues
accepted into a special account of the Treasury of the United
States to be established for purposes of carrying out this
subsection.
``(e) International Mass Transportation Program.--
``(1) Activities.--The Secretary is authorized to engage in
activities to inform the United States domestic mass
transportation community about technological innovations
available in the international marketplace and activities that
may afford domestic businesses the opportunity to become
globally competitive in the export of mass transportation
products and services. These activities may include--
``(A) development, monitoring, assessment, and
dissemination domestically of information about
worldwide mass transportation market opportunities;
``(B) cooperation with foreign public sector
entities in research, development, demonstration,
training, and other forms of technology transfer and
exchange of experts and information;
``(C) advocacy, in international mass
transportation markets, of firms, products, and
services available from the United States;
``(D) informing the international market about the
technical quality of mass transportation products and
services through participation in seminars,
expositions, and similar activities; and
``(E) offering those Federal Transit Administration
technical services which cannot be readily obtained
from the United States private sector to foreign public
authorities planning or undertaking mass transportation
projects if the cost of these services will be
recovered under the terms of each project.
``(2) Cooperation.--The Secretary may carry out activities
under this subsection in cooperation with other Federal
agencies, State or local agencies, public and private nonprofit
institutions, government laboratories, foreign governments, or
any other organization the Secretary determines is appropriate.
``(3) Funding.--The funds available to carry out this
subsection shall include funds paid to the Secretary by any
cooperating organization or person and shall be deposited by
the Secretary in a special account in the Treasury of the
United States to be established for purposes of carrying out
this subsection. The funds shall be available for promotional
materials, travel, reception, and representation expenses
necessary to carry out the activities authorized by this
subsection. Reimbursement for services provided under this
subsection shall be credited to the appropriation account
concerned.''.
(b) Mass Transportation Technology Development and Deployment.--
(1) General authority.--The Secretary may make grants and
enter into contracts, cooperative agreements, and other
agreements with eligible consortia to promote the development
and early deployment of innovation in mass transportation
technology, services, management, or operational practices. The
Secretary shall coordinate activities under this section with
related activities under programs of other Federal departments
and agencies.
(2) Eligibility criteria.--To be qualified to receive
funding under this section, an eligible consortium shall--
(A) be organized for the purpose of designing,
developing, and deploying advanced mass transportation
technologies that address identified technological
impediments in the mass transportation field;
(B) have an established mechanism for designing,
developing, and deploying advanced mass transportation
technologies as evidenced by participation in a Federal
program such as the consortia funded pursuant to Public
Law 102-396;
(C) facilitate the participation in the consortium
of small- and medium-sized businesses in conjunction
with large established manufacturers, as appropriate;
(D) be designed to use State and Federal funding to
attract private capital in the form of grants or
investments to further the purposes of this section;
and
(E) provide for the sharing of costs, risks, and
rewards of early deployment of innovation in mass
transportation technologies.
(3) Grant Requirements.--Grants, contracts, and agreements
under paragraph (1) shall be eligible under and consistent with
section 5312 of title 49, United States Code, and shall be
subject to such terms and conditions as the Secretary
prescribes.
(4) Federal share of costs.--The Federal share of costs for
a grant, contract, or agreement with a consortium under this
subsection shall not exceed 50 percent of the net project cost.
(5) Eligible consortium defined.--For purposes of this
section, the term ``eligible consortium'' means a consortium
of--
(A) businesses incorporated in the United States;
(B) public or private educational or research
organizations located in the United States;
(C) entities of State or local governments in the
United States;
(D) Federal laboratories; or
(E) existing consortia funded pursuant to Public Law 103-
396.
(6) Funding.--
(A) Set-aside of amounts made available under
section 5338(d).--Of the funds made available by or
appropriated under section 5338(d) of title 49, United
States Code, for a fiscal year $5,000,000 shall be
available to carry out this subsection.
(B) Set-aside of amounts made available under
section 5309(o).--Of the funds made available to carry
out the bus technology pilot program under section
5309(o) of title 49, United States Code, for a fiscal
year $5,000,000 shall be available to carry out this
subsection.
(c) Advanced Technology Pilot Project.--
(1) In general.--The Secretary shall make grants for the
development of low speed magnetic levitation technology for
public transportation purposes in urban areas to demonstrate
energy efficiency, congestion mitigation, and safety benefits.
(2) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2000 by section 127(a)(3)(H) of this
Act, $5,000,000 per fiscal year shall be available to carry out
this subsection.
(3) Federal share.--The Federal share payable on account of
activities carried out using a grant made under this subsection
shall be 80 percent of the cost of such activities.
SEC. 312. NATIONAL TRANSIT INSTITUTE.
(a) In General.--Section 5315 is amended--
(1) in the section heading by striking ``mass
transportation'' and inserting ``transit''; and
(2) in subsection (a)--
(A) by striking ``mass transportation'' in the
first sentence and inserting ``transit'';
(B) by inserting ``and architectural design''
before the semicolon at the end of paragraph (5);
(C) by striking ``carrying out'' in paragraph (7)
and inserting ``delivering'';
(D) by inserting ``, construction management,
insurance, and risk management'' before the semicolon
at the end of paragraph (11);
(E) by striking ``and'' at the end of paragraph
(13);
(F) by striking the period at the end of paragraph
(14) and inserting ``; and''; and
(G) by adding at the end the following:
``(15) innovative finance.''.
(b) Conforming Amendment.--The item relating to section 5315 in the
table of sections for chapter 53 is amended by striking ``mass
transportation'' and inserting ``transit''.
SEC. 313. UNIVERSITY RESEARCH INSTITUTES.
Section 5316, and the item relating to section 5316 in the table of
sections for chapter 53, are repealed.
SEC. 314. TRANSPORTATION CENTERS.
Section 5317, and the item relating to section 5317 in the table of
sections for chapter 53, are repealed.
SEC. 315. BUS TESTING FACILITIES.
(a) Operation and Maintenance.--Section 5318(b) is amended--
(1) by striking ``make a contract with'' and inserting
``enter into a contract or cooperative agreement with, or make
a grant to,'';
(2) by inserting ``or organization'' after ``person'';
(3) by inserting ``, cooperative agreement, or grant''
after ``The contract''; and
(4) by inserting ``mass transportation'' after ``and
other''.
(b) Availability of Amounts.--Section 5318(e) is amended--
(1) by striking ``make a contract with'' and inserting
``enter into a contract or cooperative agreement with, or make
a grant to,''; and
(2) by striking ``5338(j)(5)'' and inserting ``5312''.
SEC. 316. BICYCLE FACILITIES.
Section 5319 is amended by striking ``under this section is for 90
percent of the cost of the project'' and inserting ``made eligible by
this section is for 90 percent of the cost of the project; except that,
if the grant or any portion of the grant is made with funds required to
be expended under section 5307(k) and the project involves providing
bicycle access to mass transportation, that grant or portion of that
grant shall be at a Federal share of 95 percent''.
SEC. 317. GENERAL PROVISIONS ON ASSISTANCE.
(a) Technical Amendment.--Section 5323(d) is amended by striking
``Buying and Operating Buses.--'' and inserting ``Condition on Charter
Bus Transportation Service.--''.
(b) Required Payments and Eligible Costs.--Section 5323(e) is
amended to read as follows:
``(e) Required Payments and Eligible Costs of Projects That Enhance
Economic Development or Incorporate Private Investment.--
``(1) Required payments.--Each grant or loan under this
chapter for a capital project described in section
5302(a)(1)(G) shall require that a person making an agreement
to occupy space in a facility funded under this chapter pay a
reasonable share of the costs of the facility through rental
payments and other means.
``(2) Eligible costs.--Eligible costs for a capital project
described in section 5302(a)(1)(G)--
``(A) include property acquisition, demolition of
existing structures, site preparation, utilities,
building foundations, walkways, open space, and a
capital project for, and improving, equipment or a
facility for an intermodal transfer facility or
transportation mall; but
``(B) do not include construction of a commercial
revenue producing facility or a part of a public
facility not related to mass transportation.''.
(c) Government's Share.--Section 5323(i) is amended to read as
follows:
``(i) Government Share of Costs for Certain Projects.--A grant for
a project to be assisted under this chapter that involves acquiring
vehicle-related equipment required by the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment
(including clean fuel or alternative fuel vehicle-related equipment)
for purposes of complying with or maintaining compliance with the Clean
Air Act, is for 90 percent of the net project cost of such equipment
attributable to compliance with such Acts. The Secretary shall have
discretion to determine, through practicable administrative procedures,
the costs of such equipment attributable to compliance with such
Acts.''.
(d) Buy America.--Section 5323(j)(7) is amended to read as follows:
``(7) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of steel, iron,
or manufactured goods to correct after bid opening any
certification made under this subsection if the Secretary is
satisfied that the manufacturer or supplier submitted an
incorrect certification as a result of an inadvertent or
clerical error.''.
(e) Participation of Governmental Agencies in Design and Delivery
of Transportation Services.--Section 5323 is amended by redesignating
subsections (k) and (l) as subsections (l) and (m) and by inserting
after subsection (j) the following:
``(k) 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 shall participate and coordinate
with recipients of assistance under this chapter in the design and
delivery of transportation services and shall be included in the
planning for such services.''.
(f) Submission of Certifications.--Section 5323 is further amended
by adding at the end the following:
``(n) Submission of Certifications.--
``(1) In general.--A certification required under this
chapter and any additional certification or assurance required
by law or regulation to be submitted to the Secretary may be
consolidated into a single document to be submitted annually as
part of a grant application under this chapter. The Secretary
shall publish annually a list of all certifications required
under this chapter with the publication required under section
5336(e)(2).
``(2) Applicability of false claims act.--Section 1001 of
title 18 applies to a certificate or submission under this
chapter. The Secretary may end a grant under this chapter and
seek reimbursement, directly by offsetting amounts available
under section 5336, when a false or fraudulent statement or
related act within the meaning of such section 1001 is made in
connection with a certification or submission under this
chapter.''.
SEC. 318. CONTRACT REQUIREMENTS.
Section 5325 is amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b); and
(3) by adding at the end the following:
``(c) Efficient Procurement.--A recipient may award a procurement
contract under this chapter to other than the lowest bidder when the
award furthers an objective consistent with the purposes of this
chapter, including improved long-term operating efficiency and lower
long-term costs.''.
SEC. 319. SPECIAL PROCUREMENTS.
(a) Turnkey System Projects.--Section 5326(a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Turnkey system project defined.--In this subsection,
the term `turnkey system project' means a project under which a
recipient enters into a contract with a seller, firm, or
consortium of firms to design and build a mass transportation
system or an operable segment thereof that meets specific
performance criteria. Such project may also include an option
to finance, or operate for a period of time, the system or
segment or any combination of designing, building, operating,
or maintaining such system or segment.'';
(2) in paragraph (2)--
(A) by inserting ``Selection of turnkey projects.--
'' after ``(2)''; and
(B) by inserting ``or an operable segment of a mass
transportation system'' after ``transportation
system'';
(3) in paragraph (3) by inserting ``Demonstrations.--''
after ``(3)'';
(4) by aligning paragraphs (2) and (3) with paragraph (1)
of such section, as amended by paragraph (1) of this section.
(b) Technical Amendment.--Section 5326 is amended by striking
subsection (c) and inserting the following:
``(c) Acquiring Rolling Stock.--A recipient of financial assistance
of the United States Government under this chapter may make a contract
to expend that assistance to acquire rolling stock--
``(1) based on--
``(A) initial capital costs; or
``(B) performance, standardization, life cycle
costs, and other factors; or
``(2) with a party selected through a competitive
procurement process.
``(d) Procuring Associated Capital Maintenance Items.--A recipient
of a grant under section 5307 of this title procuring an associated
capital maintenance item under section 5307(b) may make a contract
directly with the original manufacturer or supplier of the item to be
replaced, without receiving prior approval of the Secretary, if the
recipient first certifies in writing to the Secretary that--
``(1) the manufacturer or supplier is the only source for
the item; and
``(2) the price of the item is no more than the price
similar customers pay for the item.''.
(c) Conforming Amendment.--Section 5334(b)(4) is amended by
striking ``5323(a)(2), (c) and (e), 5324(c), and 5325 of this title''
and inserting ``5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a),
5325(b), 5326(c), and 5326(d)''.
SEC. 320. PROJECT MANAGEMENT OVERSIGHT.
Section 5327(c)(2) is amended--
(1) by striking ``make contracts'' and inserting ``enter
into contracts''; and
(2) by inserting before the period at the end of the first
sentence the following: ``and to provide technical assistance
to correct deficiencies identified in compliance reviews and
audits carried out under this section''.
SEC. 321. STUDY ON ALCOHOL AND CONTROLLED SUBSTANCES RANDOM TESTING
RATE CALCULATION.
(a) Study.--The Secretary shall conduct a study to determine how
the alcohol and controlled substances random testing rate under section
5331 of title 49, United States Code, should be calculated.
(b) Considerations.--In conducting the study under this section,
the Secretary shall consider--
(1) the differences in random testing results among
employers subject to section 5331 of title 49, United States
Code;
(2) the differences in random testing results among
employers subject to such section in areas with populations of
at least 200,000, in areas with populations less than 200,000,
and in other than urbanized areas;
(3) the deterrent effect of random testing; and
(4) the effect of random testing on public safety.
(c) Report.--Not later than December 31, 1999, the Secretary shall
transmit to Congress a report on the results of the study conducted
under this section, together with any proposed changes to the
calculation of the random alcohol and controlled substances testing
rate.
SEC. 322. ADMINISTRATIVE PROCEDURES.
(a) Training and Conference Costs.--Section 5334(a) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials,
sponsored by the Federal Transit Administration to promote mass
transportation and credit amounts collected to the
appropriation concerned.''.
(b) Flexibility for Areas With Populations Under 200,000.--Section
5334(i) is amended to read as follows:
``(i) Flexibility for Areas With Populations Under 200,000.--Not
later than 180 days after the date of the enactment of the Building
Efficient Surface Transportation and Equity Act of 1997, the Secretary
shall seek public comment on ways to simplify and streamline the
administration of the formula program for urbanized areas with
populations of less than 200,000 and shall make, to the extent feasible
and consistent with statutory requirements, every effort to ease any
administrative burdens thereby identified.''.
(c) Technical Amendments.--
(1) Section heading.--The heading for section 5334 is
amended by inserting ``provisions'' after ``Administrative''.
(2) Table of sections.--The item relating to section 5334
in the table of sections for chapter 53 is amended by inserting
``provisions'' after ``Administrative''.
SEC. 323. REPORTS AND AUDITS.
(a) National Transit Database.--Section 5335(a) is amended--
(1) by striking ``Reporting System and Uniform System of
Accounts and Records'' and inserting ``National Transit
Database''; and
(2) in paragraph (1)--
(A) by striking ``by uniform categories,'' and
inserting ``using uniform categories''; and
(B) by striking ``and a uniform system of accounts
and records'' and inserting ``and using a uniform
system of accounts''.
(b) Reports.--Section 5335 is further amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b); and
(3) in such redesignated subsection by striking ``Public
Works and Transportation'' and inserting ``Transportation and
Infrastructure''.
SEC. 324. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
Section 5336 is amended--
(1) in the section heading by striking ``block grants'' and
inserting ``formula grants''; and
(2) by striking subsection (d) and inserting the following:
``(d) Limitation on Operating Assistance and Preventive
Maintenance.--Of the funds apportioned under this section for urbanized
areas, such sums as may be necessary shall be available for operating
assistance for urbanized areas with populations under 200,000, except
that the total amount of such funds made available for such operating
assistance and for preventive maintenance activities for urbanized
areas that become eligible for capital assistance under section 5307 on
the date of the enactment of the Building Efficient Surface
Transportation and Equity Act of 1997 may not exceed $400,000,000 for
any fiscal year.''.
SEC. 325. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.
(a) Distribution.--Section 5337(a) 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, and 2000, 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 $74,849,950 shall be apportioned as follows:
``(A) $4,849,950 to the Alaska Railroad for
improvements to its passenger operations.
``(B) Of the remaining $70,000,000--
``(i) 50 percent in the urbanized areas
listed in paragraph (1) as provided in section
5336(b)(2)(A); and
``(ii) 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)(ii) 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) The next $140,000,000 shall be apportioned as
follows:
``(A) 65 percent in the urbanized areas listed in
paragraph (1) as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 35 percent to other urbanized areas eligible
for assistance under section 5336(b)(2)(A) of this
title if the areas contain fixed guideway systems
placed in revenue service at least 7 years before the
fiscal year in which amounts are made available and in
any urbanized area if, before the first day of the
fiscal year, the area satisfies the Secretary that the
area has modernization needs that cannot adequately be
met with amounts received under section 5336(b)(2)(A),
as provided in section 5336(b)(2)(A) and subsection (e)
of this section.
``(6) The next $100,000,000 shall be apportioned as
follows:
``(A) 60 percent in the urbanized areas listed in
paragraph (1) as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 40 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(7) 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 is further 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 at least 7 years before the fiscal year in which
amounts are made available.''.
SEC. 326. AUTHORIZATIONS.
(a) In General.--Section 5338 is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry out
sections 5307, 5310, and 5311--
``(A) $2,698,000,000 for fiscal year 1998;
``(B) $3,213,000,000 for fiscal year 1999; and
``(C) $3,553,000,000 for fiscal year 2000.
``(2) From the general fund.--In addition to amounts made
available under paragraph (1), there are authorized to be
appropriated to carry out sections 5307 and 5311--
``(A) $290,000,000 for fiscal year 1998; and
``(B) $68,000,000 for fiscal year 1999.
``(3) Allocation of funds.--Of the aggregate of amounts
made available by and appropriated under this subsection for a
fiscal year--
``(A) 2.4 percent shall be available to provide
transportation services to elderly individuals and
individuals with disabilities under section 5310;
``(B) 5.37 percent shall be available to provide
financial assistance for other than urbanized areas
under section 5311; and
``(C) 92.23 percent shall be available to provide
financial assistance for urbanized areas under section
5307.
``(b) Capital Program Grants and Loans.--There shall be available
from the Mass Transit Account of the Highway Trust Fund to carry out
section 5309:
``(1) $2,197,000,000 for fiscal year 1998.
``(2) $2,412,000,000 for fiscal year 1999.
``(3) $2,613,000,000 for fiscal year 2000.
``(c) Planning.--
``(1) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry out
sections 5303, 5304, 5305, and 5313(b) $54,000,000 for fiscal
year 2000.
``(2) From the general fund.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305, and
5313(b)--
``(A) $48,000,000 for fiscal year 1998; and
``(B) $52,000,000 for fiscal year 1999.
``(3) Allocation of funds.--Of the funds made available by
or appropriated under this subsection for a fiscal year--
``(A) 82.72 percent shall be available for
metropolitan planning under sections 5303, 5304, and
5305; and
``(B) 17.28 percent shall be available for State
planning under section 5313(b).
``(d) Research.--
``(1) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry out
sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322
$38,000,000 for fiscal year 2000.
``(2) From the general fund.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322 $38,000,000 per fiscal year for fiscal
years 1998 and 1999.
``(3) Allocation of funds.--Of the funds made available by
or appropriated under this subsection for a fiscal year--
``(A) not less than $5,250,000 shall be available
for providing rural transportation assistance under
section 5311(b)(2);
``(B) not less than $8,250,000 shall be available
for carrying out transit cooperative research programs
under section 5313(a);
``(C) not less than $3,000,000 shall be available
to carry out programs under the National Transit
Institute under section 5315; and
``(D) the remainder shall be available for carrying
out national planning and research programs under
sections 5311(b)(2), 5312, 5313(a), 5314, and 5322.
``(e) University Transportation Research.--
``(1) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund to carry out
section 5505 $6,000,000 for fiscal year 2000.
``(2) From the general fund.--There is authorized to be
appropriated to carry out section 5505 $6,000,000 per fiscal
year for fiscal years 1998 and 1999.
``(f) Administration.--
``(1) From the trust fund.--There shall be available from
the Mass Transit Account of the Highway Trust Fund for
administrative expenses to carry out section 5334 $52,000,000
for fiscal year 2000.
``(2) From the general fund.--There is authorized to be
appropriated for administrative expenses to carry out section
5334--
``(A) $46,000,000 for fiscal year 1998; and
``(B) $50,000,000 for fiscal year 1999.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from the highway trust fund.--A grant
or contract approved by the Secretary, that is financed with
amounts made available under subsection (a)(1), (b), (c)(1),
(d)(1), or (e)(1), is a contractual obligation of the United
States Government to pay the Government's share of the cost of
the project.
``(2) Grants financed from general funds.--A grant or
contract, approved by the Secretary, that is financed with
amounts made available under subsection (a)(2), (c)(2), (d)(2),
or (e)(2), is a contractual obligation of the Government to pay
the Government's share of the cost of the project only to the
extent amounts are provided in advance in an appropriations
law.
``(h) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (e) shall remain available
until expended.''.
(b) Conforming Amendments.--Chapter 53 is amended as follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A) by striking ``5338(g)(1)'' and inserting
``5338(c)(3)(A)''.
(2) In section 5303(h)(1) by striking ``-5306'' and
inserting ``and 5305''.
(3) In section 5303(h)(4) by striking ``5338(g)'' and
inserting ``5338(c)(3)(A)''.
(4) In section 5309(g)(4) by striking ``5338(a)'' and
inserting ``5338(b)''.
(5) In section 5310(b) by striking ``5338(a)'' and
inserting ``5338(a)(3)(A)''.
(6) In section 5311(c) by striking ``5338(a)'' and
inserting ``5338(a)(3)(B)''.
(7) In section 5313(a)(1) by striking ``section
5338(g)(3)'' and inserting ``sections 5338(d)(3)(B) and
5338(d)(3)(D)''.
(8) In section 5313(b)(1) by striking ``5338(g)(3)'' and
inserting ``5338(c)(3)(B)''.
(9) In section 5314(a)(1) by striking ``5338(g)(4)'' and
inserting ``5338(d)(3)(D)''.
(10) In section 5318(d) by striking ``5338(j)(5)'' and
inserting ``5309(m)(3)(B)''.
(11) In section 5333(b) by striking ``5338(j)(5)'' each
place it appears and inserting ``5338(b)''.
(12) In section 5336(a) by striking ``5338(f)'' and
inserting ``5338(a)(3)(C)''.
(13) In section 5336(d)(2) by striking ``5338(f)'' each
place it appears and inserting ``5338(a)(3)(C)''.
(14) In section 5336(e)(1) by striking ``5338(f)'' and
inserting ``5338(a)(3)(C)''.
SEC. 327. OBLIGATION CEILING.
(a) Capital Program Grants and Loans.--Notwithstanding any other
provision of law, the total of all obligations from amounts made
available from the Mass Transit Account of the Highway Trust Fund by
section 5338(b) of title 49, United States Code, shall not exceed--
(1) $2,197,000,000 in fiscal year 1998;
(2) $2,412,000,000 in fiscal year 1999; and
(3) $2,613,000,000 in fiscal year 2000.
(b) Formula Grants, Planning, Research, and Administration.--
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by subsections (a), (c), (d), (e), and (f) of
section 5338 of title 49, United States Code, shall not exceed--
(1) $2,698,000,000 in fiscal year 1998;
(2) $3,213,000,000 in fiscal year 1999; and
(3) $3,703,000,000 in fiscal year 2000.
SEC. 328. ACCESS TO JOBS CHALLENGE GRANT PILOT PROGRAM.
(a) General Authority.--The Secretary may make grants under this
section to assist States, local governmental authorities, and nonprofit
organizations in financing transportation services designed to
transport welfare recipients to and from jobs and activities related to
their employment. The Secretary shall coordinate activities under this
section with related activities under programs of other Federal
departments and agencies.
(b) Grant Criteria.--In selecting applicants for grants under this
section, the Secretary shall consider the following:
(1) The percentage of the population in the area to be
served that are welfare recipients.
(2) The need for additional services to transport welfare
recipients 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 existing 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 presents a
comprehensive approach to addressing the needs of welfare
recipients and identifies long-term financing strategies to
support the services under this section.
(c) Eligible Projects.--The Secretary may make grants under this
section for--
(1) capital projects and to finance operating costs of
equipment, facilities, and associated capital maintenance items
related to providing access to jobs under this section;
(2) promoting the use of transit by workers with
nontraditional work schedules;
(3) promoting the use by appropriate agencies of transit
vouchers for welfare recipients under specific terms and
conditions developed by the Secretary; and
(4) promoting the use of employer-provided transportation
including the transit pass benefit program under subsections
(a) and (f) of section 132 of title 26, United States Code.
No planning or coordination activities are eligible for assistance
under this section.
(d) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under this section.
Grantees shall be selected on a competitive basis. The Secretary shall
select not more than 10 demonstration projects for the pilot program,
including 6 projects from urbanized areas with populations of at least
200,000, 2 projects from urbanized areas with populations less than
200,000, and 2 projects from other than urbanized areas.
(e) Federal Share of Costs.--The Federal share of costs under this
section shall be provided from funds appropriated to carry out this
section. The Federal share of the costs for a project under this
section shall not exceed 50 percent of the net project cost. The
remainder shall be provided in cash from sources other than revenues
from providing mass transportation. Funds appropriated to a Federal
department or agency (other than the Department of Transportation) and
eligible to be used for transportation may be used toward the
nongovernment share payable on a project under this section.
(f) Planning Requirements.--The requirements of sections 5303
through 5306 of title 49, United States Code, apply to grants made
under this section. Applications must reflect coordination with and the
approval of affected transit grant recipients and the projects financed
must be part of a coordinated public transit-human services
transportation planning process.
(g) Grant Requirements.--A grant under this section shall be
subject to all of the terms and conditions of grants made under section
5307 of title 49, United States Code, and such terms and conditions as
determined by the Secretary.
(h) Program Evaluation.--
(1) Comptroller general.--Six months after the date of the
enactment of this Act and each 6 months thereafter, the
Comptroller General shall conduct a study to evaluate the
access to jobs program conducted under this section and
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 the results of the
study.
(2) Department of transportation.--The Secretary shall
conduct a study to evaluate the access to jobs program
conducted under this section and 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 the results of the study within 2
years of the date of the enactment of this Act.
(i) Definitions.--In this section, the following definitions apply:
(1) Capital project and urbanized area.--The terms
``capital project'' and ``urbanized area'' have the meaning
such terms have under section 5302 of title 49, United States
Code.
(2) 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.
(3) 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) at any time during the 3-year period ending on the
date the applicant applies for a grant under this section.
(j) Funding.--There is authorized to be appropriated to carry out
this section $42,000,000 per fiscal year for fiscal years 1998, 1999,
and 2000. Such sums shall remain available until expended.
SEC. 329. SENSE OF THE COMMITTEE REGARDING THE MASS TRANSIT ACCOUNT.
It is the sense of the Committee on Transportation and
Infrastructure of the House of Representatives that the limitation on
the Mass Transit Account of the Highway Trust Fund under section
9503(e)(4) of the Internal Revenue Code of 1986 with regard to the mass
transit portion of receipts should be 24 months.
SEC. 330. PROJECT MANAGEMENT OVERSIGHT.
(a) Study.--The Comptroller General shall conduct a study of the
Secretary of Transportation's implementation of project management
oversight under section 5327 of title 49, United States Code.
(b) Contents.--The study shall include the following:
(1) A listing of the amounts made available under section
5327(c)(1) of title 49, United States Code, for project
management oversight in each of fiscal years 1992 through 1997
and a description of the activities funded using such amounts.
(2) A description of the major capital projects subject to
project management oversight, including the grant amounts for
such projects.
(3) A description of the contracts entered into for project
management oversight, including the scope of work and dollar
amounts of such contracts.
(4) A determination of whether the project management
oversight activities conducted by the Secretary are authorized
under section 5327.
(5) A description of any cost savings or program
improvements resulting from project management oversight.
(6) Recommendations regarding any changes that would
improve the project management oversight function.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General 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 containing the results of the study.
SEC. 331. PRIVATIZATION.
(a) Study.--Not later than 3 months after the date of the enactment
of this Act, the Secretary shall enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct a study of the effect of privatization or contracting out mass
transportation operation and administrative functions on cost,
availability and level of service, efficiency, safety, quality of
services provided to transit-dependent populations, and employer-
employee relations.
(b) Terms of Agreement.--The agreement entered into in subsection
(a) shall provide that--
(1) the Transportation Research Board, in conducting the
study, consider the number of grant recipients that have
privatized or contracted out services, the size of the
population served by such grant recipients, the basis for
decisions regarding privatization or contracting out, and the
extent to which contracting out was affected by the integration
and coordination of resources of transit agencies and other
Federal agencies and programs; and
(2) the panel conducting the study shall include
representatives of transit agencies, employees of transit
agencies, private contractors, academic and policy analysts,
and other interested persons.
(c) Report.--Not later than 24 months after the date of entry into
the agreement under subsection (a), the Secretary 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 containing the results of the study.
SEC. 332. SCHOOL TRANSPORTATION SAFETY.
(a) Study.--Not later than 3 months after the date of the enactment
of this Act, the Secretary shall enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct a study of the safety issues attendant to transportation of
school children to and from school and school-related activities by
various transportation modes.
(b) Terms of Agreement.--The agreement entered into in subsection
(a) shall provide that--
(1) the Transportation Research Board, in conducting the
study, consider--
(A) in consultation with the National
Transportation Safety Board, the Bureau of
Transportation Statistics, and other relevant entities,
available crash injury data, and if unavailable or
insufficient, recommend a new data collection regimen
and implementation guidelines; and
(B) vehicle design and driver training
requirements, routing, and operational factors that
affect safety and other factors that the Secretary
considers appropriate; and
(2) the panel conducting the study shall include
representatives of highway safety organizations, school
transportation, mass transportation operators, employee
organizations, academic and policy analysts, and other
interested parties.
(c) Report.--Not later than 12 months after the date of entry into
the agreement under subsection (a), the Secretary 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 containing the results of the study.
SEC. 333. URBANIZED AREA FORMULA STUDY.
(a) Study.--The Secretary shall conduct a study to determine
whether the current formula for apportioning funds to urbanized areas
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 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. 334. COORDINATED TRANSPORTATION SERVICES.
(a) Study.--The Comptroller General shall conduct a study of
Federal departments and agencies (other than the Department of
Transportation) that receive Federal financial assistance for non-
emergency transportation services.
(b) Contents.--In conducting the study, the Comptroller General
shall--
(1) identify each Federal department and agency (other than
the Department of Transportation) that has received Federal
financial assistance for non-emergency transportation services
in any of the 3 fiscal years preceding the date of the
enactment of this Act;
(2) identify the amount of such assistance received by each
Federal department and agency in such fiscal years; and
(3) identify the projects and activities funded using such
financial assistance.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General 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 containing the results of the study and any recommendations for
enhanced coordination between the Department of Transportation and
other Federal departments and agencies that provide funding for non-
emergency transportation.
TITLE IV--MOTOR CARRIER SAFETY
SEC. 401. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically 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 of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 402. STATE GRANTS.
(a) Objective and Definitions.--Section 31101 is amended--
(1) by striking
``Sec. 31101. Definitions''
and inserting the following:
``Sec. 31101. Objective and definitions'';
(2) in paragraph (1)(A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by striking ``10,000 pounds'' and inserting
``10,001 pounds, whichever is greater'';
(3) in paragraph (1)(C) by inserting ``and transported in a
quantity requiring placarding under regulations prescribed by
the Secretary under section 5103'' after ``title'';
(4) by striking ``In this subchapter--'' and inserting the
following:
``(b) Definitions.--In this subchapter the following definitions
apply:''; and
(5) by inserting after the section heading the following:
``(a) Objective.--The objective of this subchapter is to ensure
that the Secretary, States, and other political jurisdictions establish
programs to improve motor carrier, commercial motor vehicle, and driver
safety to support a safe and efficient transportation system by--
``(1) promoting safe for-hire and private transportation,
including transportation of passengers and hazardous materials,
to reduce the number and severity of commercial motor vehicle
crashes;
``(2) developing and enforcing effective, compatible, and
cost-beneficial motor carrier, commercial motor vehicle, and
driver safety regulations and practices, including enforcement
of State and local traffic safety laws and regulations;
``(3) assessing and improving statewide program performance
by setting program outcome goals, improving problem
identification and countermeasures planning, designing
appropriate performance standards, measures, and benchmarks,
improving performance information, and monitoring program
effectiveness;
``(4) ensuring that drivers of commercial motor vehicles
and enforcement personnel obtain adequate training in safe
operational practices and regulatory requirements; and
``(5) advancing promising technologies and encouraging
adoption of safe operational practices.''.
(b) Performance-Based Grants and Hazardous Materials Transportation
Safety.--Section 31102 is amended--
(1) in subsection (a)--
(A) by inserting ``improving motor carrier safety
and'' after ``programs for''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial motor
vehicle safety''; and
(2) in the first sentence of paragraph (b)(1)--
(A) by striking ``adopt and assume responsibility
for enforcing'' and inserting ``assume responsibility
for improving motor carrier safety and to adopt and
enforce''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial motor
vehicle safety''.
(c) Contents of State Plans.--Section 31102(b)(1) is amended--
(1) in subparagraph (J) by inserting ``(1)'' after ``(c)'';
(2) by striking subparagraphs (K), (L), (M), and (N) and
inserting the following:
``(K) ensures consistent, effective, and reasonable
sanctions;
``(L) ensures that the State agency will coordinate
the plan, data collection, and information systems with
State highway safety programs under title 23;
``(M) ensures participation in motor carrier,
commercial motor vehicle, and driver information
systems by all appropriate jurisdictions receiving
funding under this section;
``(N) implements performance-based activities by
fiscal year 2003;'';
(3) in subparagraph (O)--
(A) by inserting after ``activities'' the
following: ``in support of national priorities and
performance goals, including'';
(B) by striking ``to remove'' in clause (i) and
inserting ``activities aimed at removing'';
(C) by striking ``to provide'' in clause (ii) and
inserting ``activities aimed at providing''; and
(D) by inserting ``and'' after the semicolon at the
end of clause (ii); and
(E) by striking clauses (iii) and (iv) and
inserting the following:
``(iii) interdiction activities affecting
the transportation of controlled substances by
commercial motor vehicle drivers and training
on appropriate strategies for carrying out
those interdiction activities;'';
(4) by striking subparagraph (P) and inserting the
following:
``(P) provides that the State will establish a
program 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;'';
(5) by striking the period at the end of subparagraph (Q)
and inserting ``; and''; and
(6) by adding at the end the following:
``(R) ensures that roadside inspections will be
conducted only at a distance that is adequate to
protect the safety of drivers and enforcement
personnel.''.
(d) United States Government's Share of Costs.--The first sentence
of section 31103 is amended by inserting ``improve commercial motor
vehicle safety and'' before ``enforce''.
(e) Availability of Amounts.--Section 31104(a) of such title is
amended to read as follows:
``(a) In General.--The following amounts are made available from
the Highway Trust Fund (other than the Mass Transit Account) for the
Secretary of Transportation to incur obligations to carry out section
31102:
``(1) Not more than $78,000,000 for fiscal year 1998.
``(2) Not more than $110,000,000 for fiscal year 1999.
``(3) Not more than $130,000,000 for fiscal year 2000.''
(f) Conforming Amendment.--Section 31104(b) is amended by striking
``(1)'' and by striking paragraph (2).
(g) Allocation Criteria and Eligibility.--Section 31104 is further
amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f) Allocation Criteria and Eligibility.--
``(1) In general.--On October 1 of each fiscal year or as
soon after that date as practicable and after making the
deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section 31102 for such
fiscal year among the States with plans approved under section
31102. Such allocation shall be made under such criteria as the
Secretary prescribes by regulation.
``(2) High-priority activities and projects.--The Secretary
may designate up to 5 percent of amounts available for
allocation under paragraph (1) to reimburse--
``(A) States for carrying out high priority
activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations, including activities and
projects that are national in scope, increase public
awareness and education, or demonstrate new
technologies; and
``(B) local governments and other persons that use
trained and qualified officers and employees, for
carrying out activities and projects described in
subparagraph (A) in coordination with State motor
vehicle safety agencies.'';
(2) by redesignating subsection (h) as subsection (g);
(3) by striking subsection (i);
(4) by redesignating subsection (j) as subsection (h); and
(5) in the first sentence of subsection (h), as so
redesignated, by striking ``tolerance''.
(h) Conforming Amendment.--The table of sections for chapter 311 is
amended by striking the item relating to section 31101 and inserting
the following:
``31101. Objective and definitions.''.
SEC. 403. INFORMATION SYSTEMS.
(a) In General.--Section 31106 is amended to read as follows:
``Sec. 31106. Information systems
``(a) Information Systems and Data Analysis.--
``(1) In general.--Subject to the provisions of this
section, the Secretary shall establish and operate motor
carrier, commercial motor vehicle, and driver information
systems and data analysis programs to support safety activities
required under this title.
``(2) Coordination into network.--In cooperation with the
States, the information systems under this section shall be
coordinated into a network providing identification of motor
carriers and drivers, commercial motor vehicle registration and
license tracking, and motor carrier, commercial motor vehicle,
and driver safety performance data.
``(3) Data analysis capacity and programs.-- The Secretary
shall develop and maintain under this section data analysis
capacity and programs that provide the means to--
``(A) identify and collect necessary motor carrier,
commercial motor vehicle, and driver data;
``(B) evaluate the safety fitness of motor
carriers, commercial motor vehicles, and drivers;
``(C) develop strategies to mitigate safety
problems and to measure the effectiveness of such
strategies and related programs;
``(D) determine the cost-effectiveness of Federal
and State safety and enforcement programs and other
countermeasures; and
``(E) adapt, improve, and incorporate other
information and information systems as the Secretary
determines appropriate.
``(4) Standards.--To implement this section, the Secretary
may prescribe technical and operational standards to ensure--
``(A) uniform, timely, and accurate information
collection and reporting by the States and other
entities;
``(B) uniform Federal, State, and local policies
and procedures; and
``(C) the reliability and availability of the
information to the Secretary, States, and others as the
Secretary determines appropriate.
``(b) Performance and Registration Information Program.--
``(1) Information clearinghouse.--The Secretary shall
include, as part of the information systems authorized by this
section, a program to establish and maintain a clearinghouse
and repository of information related to State registration and
licensing of commercial motor vehicles and the motor carriers
operating the vehicles. The clearinghouse and repository shall
include information on the safety fitness of each motor carrier
and registrant and other information the Secretary considers
appropriate, including information on motor carrier, commercial
motor vehicle, and driver safety performance.
``(2) Design.--The program shall link Federal safety
information systems with State registration and licensing
systems and shall be designed to enable a State to--
``(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the
motor carrier or commercial motor vehicle or while the
license or registration is in effect; and
``(B) decide, in cooperation with the Secretary,
whether and what types of sanctions or operating
limitations to impose on the motor carrier or
registrant to ensure safety.
``(3) Conditions for participation.--The Secretary shall
require States, as a condition of participation in the program,
to--
``(A) comply with the technical and operational
standards prescribed by the Secretary under subsection
(a)(4); and
``(B) possess or seek authority to impose
commercial motor vehicle registration sanctions or
operating limitations on the basis of a Federal safety
fitness determination.
``(4) Funding.--Of the amounts made available under section
31107, not more than $6,000,000 in each of fiscal years 1998,
1999, and 2000 may be used to carry out this subsection.
``(c) Commercial Motor Vehicle Driver Safety Program.--In
coordination with the information system under section 31309, the
Secretary is authorized to establish a program to improve commercial
motor vehicle driver safety. The objectives of the program shall
include--
``(1) enhancing the exchange of driver licensing
information among the States and among the States, the Federal
Government, and foreign countries;
``(2) providing information to the judicial system on
commercial motor vehicle drivers;
``(3) evaluating any aspect of driver performance that the
Secretary determines appropriate; and
``(4) developing appropriate strategies and countermeasures
to improve driver safety.
``(d) 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, local governments, associations, institutions,
corporations, and other persons.
``(e) Information Availability and Privacy Protection.--
``(1) Availability of information.--The Secretary shall
make data collected in systems and through programs under this
section available to the public to the maximum extent
permissible under the Privacy Act of 1974 (5 U.S.C. 552a) and
the Freedom of Information Act (5 U.S.C. 552).
``(2) Review of data.--The Secretary shall allow
individuals and motor carriers to whom the data pertains to
review periodically such data and to request corrections or
clarifications.
``(3) State and local officials.--State and local safety
and enforcement officials shall have access to data made
available under this subsection to the same extent as Federal
safety and enforcement officials.''.
(b) Authorization of Appropriations.--Section 31107 is amended to
read as follows:
``Sec. 31107. Authorization of appropriations for information systems
``(a) In General.--There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) to carry out sections 31106
and 31309 of this title--
``(1) $7,000,000 for fiscal year 1998;
``(2) $15,000,000 for fiscal year 1999; and
``(3) $20,000,000 for fiscal year 2000.
The amounts made available under this subsection shall remain available
until expended.
``(b) Contract Authority.--Approval by the Secretary of a grant
with funds made available under this section imposes upon the United
States Government a contractual obligation for payment of the
Government's share of costs incurred in carrying out the objectives of
the grant.''.
(c) Subchapter Heading.--The heading for subchapter I of chapter
311 is amended by inserting after ``GRANTS'' the following: ``AND OTHER
COMMERCIAL MOTOR VEHICLE PROGRAMS''.
(d) Conforming Amendments.--The table of sections for chapter 311
is amended--
(1) by striking
``SUBCHAPTER I--STATE GRANTS''
and inserting
``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS'';
(2) by striking the item relating to section 31106 and
inserting the following:
``31106. Information systems.''; and
(3) by striking the item relating to section 31107 and
inserting the following:
``31107. Authorization of appropriations for information systems.''.
SEC. 404. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended--
(1) by striking ``section--'' and inserting ``section, the
following definitions apply:'';
(2) by inserting after ``(1)'' the following: ``Maxi-cube
vehicle.--The term'';
(3) by inserting after ``(2)'' the following: ``Truck
tractor.--The term'';
(4) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(5) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Automobile transporter.--The term `automobile
transporter' means any vehicle combination designed and used
specifically for the transport of assembled highway
vehicles.''.
SEC. 405. INSPECTIONS AND REPORTS.
(a) General Powers of the Secretary.--Section 31133(a)(1) is
amended by inserting ``and make contracts for'' after ``conduct''.
(b) 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. 406. EXEMPTIONS AND PILOT PROGRAMS.
(a) In General.--Section 31315 is amended to read as follows:
``Sec. 31315. Exemptions and pilot programs
``(a) Exemptions.--
``(1) In general.--Upon receipt of a request pursuant to
paragraph (3), the Secretary of Transportation may grant to a
person or class of persons an exemption from a regulation
prescribed under this chapter or section 31136 if the Secretary
finds such exemption would likely achieve a level of safety
equal to or greater than the level that would be achieved
absent such exemption. An exemption may be granted for no
longer than 2 years from its approval date. A person may
request a renewal of an exemption.
``(2) Authority to revoke exemption.--The Secretary shall
immediately revoke an exemption if the person fails to comply
with the terms and conditions of such exemption or if
continuation of the exemption would not be consistent with the
goals and objectives of this chapter or section 31136, as the
case may be.
``(3) Requests for exemption.--Not later than 180 days
after the date of the enactment of this section and after
notice and an opportunity for public comment, the Secretary
shall specify by regulation the procedures by which a person
may request an exemption. Such regulations shall, at a minimum,
require the person to provide the following information for
each exemption request:
``(A) The provisions from which the person requests
exemption.
``(B) The time period during which the exemption
would apply.
``(C) An analysis of the safety impacts the
exemption may cause.
``(D) The specific countermeasures the person would
undertake, if the exemption were granted, to ensure an
equal or greater level of safety than would be achieved
absent the exemption.
``(4) Notice and comment.--
``(A) Upon receipt of a request.--Upon receipt of
an exemption request, the Secretary shall publish in
the Federal Register a notice explaining the request
that has been filed and shall give the public an
opportunity to inspect the safety analysis and any
other relevant information known to the Secretary and
to comment on the request. This subparagraph does not
require the release of information protected by law
from public disclosure.
``(B) Upon granting a request.--Upon granting a
request for exemption, the Secretary shall publish in
the Federal Register the name of the person granted the
exemption, the provisions from which the person will be
exempt, the effective period, and all terms and
conditions of the exemption.
``(C) Upon denying a request.--Upon denying a
request for exemption, the Secretary shall publish in
the Federal Register the name of the person denied the
exemption and the reasons for such denial.
``(5) Applications to be dealt with promptly.--The
Secretary shall grant or deny an exemption request after a
thorough review of its safety implications, but in no case
later than 180 days after the filing date of such request, or
the Secretary shall publish in the Federal Register the reason
for the delay in decision and an estimate of when the decision
will be made.
``(6) Terms and conditions.--The Secretary shall establish
terms and conditions for each exemption to ensure that it will
likely achieve a level of safety equal to or greater than the
level that would be achieved absent such exemption. The
Secretary shall monitor the implementation of the exemption to
ensure compliance with its terms and conditions.
``(7) Notification of state compliance and enforcement
personnel.--Before granting a request for exemption, the
Secretary shall notify State safety compliance and enforcement
personnel, including roadside inspectors, and the public that a
person will be operating pursuant to an exemption and any terms
and conditions that will apply to the exemption.
``(b) Pilot Programs.--
``(1) In general.--The Secretary may conduct pilot programs
to evaluate innovative approaches to motor carrier, vehicle,
and driver safety. Such pilot programs may include exemptions
from a regulation prescribed under this chapter or section
31136 if the pilot program contains, at a minimum, the elements
described in paragraph (2). The Secretary shall publish in the
Federal Register a detailed description of the program and the
exemptions to be considered and provide notice and an
opportunity for public comment before the effective date of any
exemptions.
``(2) Program elements.--In proposing a pilot program and
before granting exemptions for purposes of a pilot program, the
Secretary shall include, at a minimum, the following elements
in each pilot program plan:
``(A) A program scheduled life of not more than 3
years.
``(B) A scientifically valid methodology and study
design, including a specific data collection and
analysis plan, that identifies appropriate control
groups for comparison.
``(C) The fewest participants necessary to yield
statistically valid findings.
``(D) Observance of appropriate ethical protocols
for the use of human subjects in field experiments.
``(E) An oversight plan to ensure that participants
comply with the terms and conditions of participation.
``(F) Adequate countermeasures to protect the
health and safety of study participants and the general
public.
``(G) A plan to inform State partners and the
public about the pilot program and to identify approved
participants to safety compliance and enforcement
personnel and to the public.
``(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot program of a
motor carrier, vehicle, or driver for failure to comply with
the terms and conditions of the pilot program or if continued
participation would not be consistent with the goals and
objectives of this chapter or section 31136, as the case may
be.
``(4) Authority to terminate program.--The Secretary shall
immediately terminate a pilot program if its continuation would
not be consistent with the goals and objectives of this chapter
or section 31136, as the case may be.
``(5) Report to congress.--At the conclusion of each pilot
program, the Secretary shall promptly report to Congress the
findings, conclusions, and recommendations of the program,
including suggested amendments to law or regulation that would
enhance motor carrier, vehicle, and driver safety and improve
compliance with national safety standards.
``(c) Preemption of State Rules.--During the time period that an
exemption or pilot program is in effect under this section, no State
shall enforce any law or regulation that conflicts with or is
inconsistent with an exemption or pilot program with respect to a
person exercising the exemption or participating in the pilot
program.''.
(b) Table of Sections.--The table of sections for chapter 313 is
amended by striking the item relating to section 31315 and inserting
the following:
``31315. Exemptions and pilot programs.''.
(c) Conforming Amendment.--Section 31136(e) is amended to read as
follows:
``(e) Exemptions.--The Secretary may grant exemptions from any
regulation prescribed under this section in accordance with section
31315.''.
(d) Protection of Existing Exemptions.--The amendments made by
subsections (a) and (c) of this section shall not apply to or otherwise
affect an exemption or waiver in effect on the day before the date of
the enactment of this Act under section 31315 or 31136(e) of title 49,
United States Code.
SEC. 407. SAFETY REGULATION.
(a) Commercial Motor Vehicle Defined.--Section 31132(1)(A) is
amended--
(1) by inserting ``or gross vehicle weight'' after
``rating'';
(2) by inserting ``, whichever is greater'' after
``pounds''.
(b) Repeal of Review Panel.--Section 31134, and the item relating
to such section in the table of sections for chapter 311, are repealed.
(c) Repeal of Submission to Review Panel.--Section 31140, and the
item relating to such section in the table of sections for chapter 311,
are repealed.
(d) Review Procedure.--Section 31141 is amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Submission of Regulation.--A State that enacts a State law or
issues a regulation on commercial motor vehicle safety shall submit a
copy of the law or regulation to the Secretary of Transportation
immediately after the enactment or issuance.
``(c) Review and Decisions by Secretary.--
``(1) Review.--The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation--
``(A) has the same effect as a regulation
prescribed by the Secretary under section 31136;
``(B) is less stringent than such regulation; or
``(C) is additional to or more stringent than such
regulation.
``(2) Regulations with same effect.--If the Secretary
decides a State law or regulation has the same effect as a
regulation prescribed by the Secretary under section 31136 of
this title, the State law or regulation may be enforced.
``(3) Less stringent regulations.--If the Secretary decides
a State law or regulation is less stringent than a regulation
prescribed by the Secretary under section 31136 of this title,
the State law or regulation may not be enforced.
``(4) Additional or more stringent regulations.--If the
Secretary decides a State law or regulation is additional to or
more stringent than a regulation prescribed by the Secretary
under section 31136 of this title, the State law or regulation
may be enforced unless the Secretary also decides that--
``(A) the State law or regulation has no safety
benefit;
``(B) the State law or regulation is incompatible
with the regulation prescribed by the Secretary; or
``(C) enforcement of the State law or regulation
would cause an unreasonable burden on interstate
commerce.
``(5) Consideration of effect on interstate commerce.--In
deciding under paragraph (4) 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 that law or regulation with the
implementation of all similar laws and regulations of other
States.'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(e) Inspection of Safety Equipment.--Section 31142(a) is amended by
striking ``part 393 of title 49, Code of Federal Regulations'' and
inserting ``the regulations issued under section 31136''.
(f) Protection of States Participating in State Groups.--Section
31142(c)(1)(C) is amended--
(1) by inserting after ``from'' the following:
``participating in the activities of a voluntary group of
States''; and
(2) by striking ``that meets'' and all that follows through
``1984''.
SEC. 408. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS AUTHORITIES.
Subchapter IV of chapter 311 (including sections 31161 and 31162),
and the items relating to such subchapter and sections in the table of
sections for chapter 311, are repealed.
SEC. 409. COMMERCIAL VEHICLE OPERATORS.
(a) Commercial Motor Vehicle Defined.--Section 31301(4) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating'' the first 2 places it appears; and
(B) by inserting ``, whichever is greater,'' after
``pounds'' the first place it appears; and
(2) in subparagraph (C)(ii) by inserting ``is'' before
``transporting'' each place it appears.
(b) Prohibition on CMV Operation Without CDL.--
(1) In general.--Section 31302 is amended to read as
follows:
``Sec. 31302. Driver's license requirement
``An individual may operate a commercial motor vehicle only if the
individual has a valid commercial driver's license. An individual
operating a commercial motor vehicle may have only one driver's license
at any time.''.
(2) Conforming amendment.--The item relating to section
31302 in the table of sections for chapter 313 is amended to
read as follows:
``31302. Driver's license requirement.''.
(c) Unique Identifiers in CDLs.--
(1) In general.--Section 31308(2) is amended by inserting
before the semicolon ``and each license issued after January 1,
2000, include unique identifiers to minimize fraud and
duplication''.
(2) Deadline for issuance of regulations.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall issue regulations to carry out the amendment
made by paragraph (1).
(d) 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 inserting after the first sentence of subsection (a)
the following: ``The system shall be coordinated with
activities carried out under section 31106.'';
(3) by striking subsections (b) and (c);
(4) in subsection (d)(1)--
(A) by striking ``and'' at the end of subparagraph
(E);
(B) by striking the period at the end of
subparagraph (F) and inserting ``; and''; and
(C) by adding at the end the following:
``(G) information on all fines, penalties, convictions, and
failure to appear for a hearing or trial incurred by the
operator with respect to operation of a motor vehicle for a
period of not less than 3 years beginning on the date of the
imposition of such a fine or penalty or the date of such a
conviction or failure to appear.'';
(5) by striking subsection (d)(2) and inserting the
following:
``(2) The information system under this section must accommodate
any unique identifiers required to minimize fraud or duplication of a
commercial driver's license under section 31308(2).'';
(6) by striking subsection (e) and inserting the following:
``(e) Availability of Information.--Information in the information
system shall be made available in accordance with section 31106(e).'';
(7) in subsection (f) by striking ``If the Secretary
establishes an information system under this section, the'' and
inserting ``The'';
(8) by striking ``shall'' in the first sentence of
subsection (f) and inserting ``may''; and
(9) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(e) Repeal of Obsolete Grant Programs.--Sections 31312 and 31313,
and the items relating to such sections in the table of sections for
chapter 313, are repealed.
(f) Updating Amendments.--Section 31314 is amended--
(1) by striking ``(2), (5), and (6)'' each place it appears
in subsections (a) and (b) and inserting ``(3), and (5)'';
(2) in subsection (c) by striking ``(1) Amounts'' and all
that follows through ``(2) Amounts'' and inserting ``Amounts'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 410. INTERIM BORDER SAFETY IMPROVEMENT PROGRAM.
(a) Program.--The Secretary shall carry out a program to improve
commercial motor vehicle safety in the vicinity of borders between the
United States and Canada and the United States and Mexico.
(b) Grant and Other Authority.--The Secretary may expend funds made
available to carry out this section--
(1) for making grants to border States, local governments,
organizations, and other persons to carry out activities
described in subsection (c);
(2) for personnel of the Department of Transportation to
conduct such activities; and
(3) for entry into contracts for the conduct of such
activities.
(c) Use of Funds.--Activities for which funds may be expended under
this section include--
(1) employment by the Department of Transportation or a
border State of additional personnel to enforce commercial
motor vehicle safety regulations described in subsection (a);
(2) training of personnel to enforce such regulations;
(3) development of data bases and communication systems to
improve commercial motor vehicle safety; and
(4) education and outreach initiatives.
(d) Criteria.--In selecting activities and projects for funding
under this section, the Secretary shall consider current levels of
enforcement by border States, cross border traffic patterns (including
volume of commercial motor vehicle traffic), location of inspection
facilities, and such other factors as the Secretary determines will
result in the greatest safety improvement and benefit to border States
and the Nation.
(e) Federal Share.--
(1) In general.--The Federal share payable under a grant
made under this section for--
(A) any activity described in paragraph (2), (3),
or (4) of subsection (c) shall be 80 percent; and
(B) any activity described in subsection (c)(1)
shall be--
(i) 80 percent for the first 2 years that a
State receives a grant under this section for
such activity; and
(ii) 50 percent for the third year that a
State receives a grant under this section for
such activity.
(2) In-kind contributions.--In determining the non-Federal
costs under paragraph (1), the Secretary shall include in-kind
contributions by the grant recipient.
(f) Maintenance of Effort.--A grant may not be made to a State
under this section for an activity described in subsection (c)(1) in
any fiscal year unless the State enters into such agreements with the
Secretary as the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other sources for
employment of personnel to enforce commercial motor vehicle safety
regulations in the vicinity of the border at or above the average level
of such expenditures in the State's 2 fiscal years preceding the date
of the enactment of this section.
(g) Funding.--Of amounts made available to carry out the
coordinated border infrastructure and safety program under section 116
of this Act, $20,000,000 for fiscal year 1998 and $15,000,000 per
fiscal year for fiscal years 1999 and 2000 shall be available to carry
out this section.
(h) Border State Defined.--In this section, the term ``border
State'' means any State that has a boundary in common with Canada or
Mexico.
SEC. 411. VEHICLE WEIGHT ENFORCEMENT.
(a) Study.--The Secretary shall conduct a study of State laws and
regulations pertaining to penalties for violation of State commercial
motor vehicle weight laws.
(b) Purpose.--The purpose of the study shall be to determine the
effectiveness of State penalties as a deterrent to illegally overweight
trucking operations. The study shall evaluate fine structures,
innovative roadside enforcement techniques, a State's ability to
penalize shippers and carriers as well as drivers, and shall examine
the effectiveness of administrative and judicial procedures utilized to
enforce vehicle weight laws.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under this section, together with any
legislative recommendations of the Secretary.
(d) Funding.--From amounts made available under subparagraphs (F)
through (I) of section 127(a)(3) of this Act, the Secretary may use not
to exceed $300,000 to carry out this section.
SEC. 412. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
Sections 31702, 31703, and 31708, and the items relating to such
sections in the table of sections for chapter 317, are repealed.
SEC. 413. TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.
(a) In General.--For a period of not less than 2 years beginning on
or before the 90th day following the date of the enactment of this Act,
the Secretary shall establish, maintain, and promote the use of a
nationwide toll-free telephone system to be used by drivers of
commercial motor vehicles and others to report potential violations of
Federal motor carrier safety regulations and any laws or regulations
relating to the safe operation of commercial motor vehicles.
(b) Monitoring.--The Secretary shall monitor reports received by
the telephone system and shall consider information provided by such
reports in setting priorities for motor carrier safety audits and other
enforcement activities.
(c) Protection of Persons Reporting Violations.--
(1) Prohibition.--A person reporting a potential violation
to the telephone system may not be discharged, disciplined, or
discriminated against regarding pay, terms, or privileges of
employment because of the reporting of such violation.
(2) Applicability of section 31105 of title 49.--For
purposes of section 31105 of title 49, United States Code, a
violation or alleged violation of paragraph (1) shall be
treated as a violation of section 31105(a) of such title.
(d) Funding.--From amounts set aside under section 104(a) of title
23, United States Code, the Secretary may use not to exceed $300,000
per fiscal year for fiscal years 1998 through 2000 to carry out this
section.
SEC. 414. INSULIN TREATED DIABETES MELLITUS.
(a) Determination.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall determine whether a
practicable and cost-effective screening, operating, and monitoring
protocol could likely be developed for insulin treated diabetes
mellitus individuals who want to operate commercial motor vehicles in
interstate commerce that would ensure a level of safety equal to or
greater than that achieved with the current prohibition on individuals
with insulin treated diabetes mellitus driving such vehicles.
(b) Compilation and Evaluation.--Prior to making the determination
in subsection (a), the Secretary shall compile and evaluate research
and other information on the effects of insulin treated diabetes
mellitus on driving performance. In preparing the compilation and
evaluation, the Secretary shall, at a minimum--
(1) consult with States that have developed and are
implementing a screening process to identify individuals with
insulin treated diabetes mellitus who may obtain waivers to
drive commercial motor vehicles in intrastate commerce;
(2) evaluate the Department's policy and actions to permit
certain insulin treated diabetes mellitus individuals who meet
selection criteria and who successfully comply with the
approved monitoring protocol to operate in other modes of
transportation;
(3) analyze available data on the safety performance of
diabetic drivers of motor vehicles;
(4) assess the relevance of intrastate driving and
experiences of other modes of transportation to interstate
commercial motor vehicle operations; and
(5) consult with interested groups knowledgable about
diabetes and related issues.
(c) Report to Congress.--If the Secretary determines that no
protocol described in subsection (a) could likely be developed, the
Secretary shall report to Congress the basis for such determination.
(d) Initiation of Rulemaking.--If the Secretary determines that a
protocol described in subsection (a) could likely be developed, the
Secretary shall report to Congress a description of the elements of
such protocol and shall promptly initiate a rulemaking proceeding to
implement such protocol.
SEC. 415. PERFORMANCE-BASED CDL TESTING.
(a) Review.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall complete a review of the procedures
established and implemented by States under section 31305 of title 49,
United States Code, to determine if the current system for testing is
an accurate measure and reflection of an individual's knowledge and
skills as an operator of a commercial motor vehicle and to identify
methods to improve testing and licensing standards, including
identifying the benefits and costs of a graduated licensing system.
(b) Regulations.--Not later than 1 year after the date of
completion of the review under subsection (a), the Secretary shall
issue regulations under section 31305 reflecting the results of the
review.
SEC. 416. POSTACCIDENT ALCOHOL TESTING.
(a) Study.--The Secretary shall conduct a study of the feasibility
of utilizing emergency responders and law enforcement officers for
conducting postaccident alcohol testing of commercial motor vehicle
operators under section 31306 of title 49, United States Code, as a
method of obtaining more timely information and reducing the burdens
that employers may encounter in meeting the testing requirements of
such section.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the study conducted under subsection (a) with recommendations
regarding the utilization of emergency responders and law enforcement
officers in conducting testing described in subsection (a).
SEC. 417. TECHNOLOGIES TO REDUCE FATIGUE OF COMMERCIAL MOTOR VEHICLE
OPERATORS.
(a) Development of Technologies.--As part of the activities of the
Secretary relating to the fatigue of commercial motor vehicle
operators, the Secretary shall encourage the research, development, and
demonstration of technologies that may aid in reducing such fatigue.
(b) Identification of Technologies.--In identifying technologies
pursuant to subsection (a), the Secretary shall take into account--
(1) the degree to which the technology will be cost
efficient;
(2) the degree to which the technology can be effectively
used in diverse climatic regions of the Nation; and
(3) the degree to which the application of the technology
will further emissions reductions, energy conservation, and
other transportation goals.
(c) Funding.--The Secretary may use amounts made available under
subparagraphs (F) through (I) of section 127(a)(3) of this Act to carry
out this section.
SEC. 418. SAFETY FITNESS.
(a) In General.--Section 31144 is amended to read as follows:
``Sec. 31144. Safety fitness of owners and operators
``(a) In General.--The Secretary shall--
``(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
``(2) periodically update such safety fitness
determinations;
``(3) make such safety fitness determinations readily
available to the public; and
``(4) prescribe by regulation penalties for violations of
this section consistent with section 521.
``(b) Procedure.--The Secretary shall maintain by regulation a
procedure for determining whether an owner or operator is fit to
operate safely commercial motor vehicles. The procedure shall include,
at a minimum, the following elements:
``(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate safety
fitness.
``(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
``(3) Specific time frames within which the Secretary will
determine whether an owner or operator is fit.
``(c) Prohibited Transportation.--
``(1) In general.--Except as provided in sections
521(b)(5)(A) and 5113 and this subsection, an owner or operator
who the Secretary determines is not fit may not operate
commercial motor vehicles in interstate commerce beginning on
the 61st day after the date of such fitness determination and
until the Secretary determines such owner or operator is fit.
``(2) Owners or operators transporting passengers.--With
regard to owners or operators of commercial motor vehicles
designed or used to transport passengers, an owner or operator
who the Secretary determines is not fit may not operate in
interstate commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary determines
such owner or operator is fit.
``(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of commercial
motor vehicles designed or used to transport hazardous material
for which placarding of a motor vehicle is required under
regulations prescribed under chapter 51, an owner or operator
who the Secretary determines is not fit may not operate in
interstate commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary determines
such owner or operator is fit.
``(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the Secretary
may allow an owner or operator who is not fit to continue
operating for an additional 60 days after the 61st day after
the date of the Secretary's fitness determination, if the
Secretary determines that such owner or operator is making a
good faith effort to become fit.
``(d) Review of Fitness Determinations.--
``(1) In general.--Not later than 45 days after an unfit
owner or operator requests a review, the Secretary shall review
such owner's or operator's compliance with those requirements
with which the owner or operator failed to comply and resulted
in the Secretary determining that the owner or operator was not
fit.
``(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall review such
owner's or operator's compliance with those requirements with
which the owner or operator failed to comply and resulted in
the Secretary determining that the owner or operator was not
fit.
``(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner or
operator of commercial motor vehicles designed or used to
transport hazardous material for which placarding of a motor
vehicle is required under regulations prescribed under chapter
51, the Secretary shall review such owner's or operator's
compliance with those requirements with which the owner or
operator failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
``(e) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to provide
any transportation service an owner or operator who the Secretary has
determined is not fit until the Secretary determines such owner or
operator is fit.''.
(b) Conforming Amendment.--Section 5113 is amended by striking
subsections (a), (b), (c), and (d) and inserting the following:
``See section 31144.''.
SEC. 419. HAZARDOUS MATERIALS TRANSPORTATION REGULATION AND FARM
SERVICE VEHICLES.
(a) Exceptions.--Section 5117(d)(2) is amended--
(1) by striking ``do not prohibit'';
(2) in subparagraph (A)--
(A) by inserting ``do not prohibit'' before ``or
regulate''; and
(B) by striking ``or'' the last place it appears;
(3) in subparagraph (B) by inserting ``do not prohibit''
before ``transportation'';
(4) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(5) by adding at the end the following:
``(C) do not prohibit a State from providing an
exception from requirements relating to placarding,
shipping papers, and emergency telephone numbers for
the private motor carriage in intrastate transportation
of an agricultural production material from a source of
supply to a farm, from a farm to another farm, from a
field to another field on a farm, or from the farm back
to the source of supply.
In granting any exception under subparagraph (C), a State must certify
to the Secretary that such exception is in the public interest, the
need for such exception, and that the State shall monitor the exception
and take such measures necessary to ensure that safety is not
compromised.''.
(b) Agricultural Production Material Defined.--Section 5117 is
amended by adding at the end the following:
``(f) Agricultural Production Material Defined.--In this section,
the term `agricultural production material' means--
``(1) ammonium nitrate fertilizer in a quantity that does
not exceed 16,094 pounds;
``(2) a pesticide in a quantity that does not exceed 502
gallons for liquids and 5,070 pounds for solids; and
``(3) a diluted solution of water and pesticides or
fertilizer in a quantity that does not exceed 3,500 gallons.''.
TITLE V--PROGRAMMATIC REFORMS AND STREAMLINING
SEC. 501. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 is amended--
(1) by redesignating subsections (e) and (f) as (g) and
(h), respectively; and
(2) by striking the section heading and all that follows
through the period at the end of subsection (d) and inserting
the following:
``Sec. 106. Project approval and oversight
``(a) In General.--
``(1) Submission of plans, specifications, and estimates.--
Except as otherwise provided in this section, each State
highway department shall submit to the Secretary for approval
such plans, specifications, and estimates for each proposed
project as the Secretary may require.
``(2) Project agreement.--The Secretary shall act upon the
plans, specifications, and estimates as soon as practicable
after the date of their submission and shall enter into a
formal project agreement with the State highway department
formalizing the conditions of the project approval.
``(3) Contractual obligation.--The execution of the project
agreement shall be deemed a contractual obligation of the
Federal Government for the payment of its proportional
contribution thereto.
``(4) Guidance.--In taking action under this subsection,
the Secretary shall be guided by the provisions of section 109.
``(b) Project Agreement.--
``(1) Provision of state funds.--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.
``(2) Representations of state.--The Secretary may rely
upon representations made by the State highway department with
respect to the arrangements or agreements made by the State
highway department and appropriate local officials if 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.--
``(A) General authority.--Except as otherwise
provided in subsection (d), the Secretary may discharge
to the State any of the Secretary's responsibilities
under this title for design, plans, specifications,
estimates, contract awards, and inspection of projects
on the National Highway System.
``(B) Agreement.--The Secretary and the State shall
reach agreement as to the extent the State may assume
the Secretary's responsibilities under this subsection.
The Secretary may not assume any greater responsibility
than the Secretary is permitted under this title on
September 30, 1997, except upon agreement by the
Secretary and the State.
``(2) Non-interstate system projects.--For all projects
under this title that are not on the National Highway System,
the State shall assume the Secretary's responsibility under
this title for design, plans, specifications, estimates,
contract awards, and inspection of projects. For projects that
are on the National Highway System but not on the Interstate
System, the State shall assume the Secretary's responsibility
under this title for design, plans, specifications, estimates,
contract awards, and inspections of projects unless the State
or the Secretary determines that such assumption is not
appropriate.
``(d) Secretary's Responsibilities.--Nothing in this section,
section 133, and section 149 shall affect or discharge any
responsibility or obligation of the Secretary under any Federal law,
other than this title. Any responsibility or obligation of the
Secretary under sections 113 and 114 of this title and section 5333 of
title 49, United States Code, shall not be affected and may not be
discharged under this section, section 133, or section 149.''.
(b) Repeal of Obsolete Provisions.--Sections 105, 110, and 117, and
the items relating to such sections in the table of sections for
chapter 1, are repealed.
SEC. 502. ENVIRONMENTAL STREAMLINING.
(a) Coordinated Environmental Review Process.--
(1) Development and implementation.--The Secretary shall
develop and implement a coordinated environmental review
process for highway construction projects that require--
(A) the preparation of an environmental impact
statement or environmental assessment under the
National Environmental Policy Act of 1969, except that
the Secretary may decide not to apply this section to
the preparation of an environmental assessment under
such Act; or
(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental
permit, license, or approval by operation of Federal
law.
(2) Memorandum of understanding.--The coordinated
environmental review process for each project shall ensure
that, whenever practicable (as set forth in this section), all
environmental reviews, analyses, opinions, and any permits,
licenses, or approvals that must be issued or made by any
Federal agency for the concerned highway project shall be
conducted concurrently and completed within a cooperatively
determined time period. Such process for a project or class of
projects may be incorporated into a memorandum of understanding
between the Department of Transportation and all other Federal
agencies (and, where appropriate, State agencies). In
establishing such time period and any time periods for review
within such period the Department and all such agencies shall
take into account their respective resources and statutory
commitments.
(b) Elements of Coordinated Environmental Review Process.--For each
highway project, the coordinated environmental review process
established under this section shall provide, at a minimum, for the
following elements:
(1) Agency identification.--The Secretary shall, at the
earliest possible time, identify all potential Federal agencies
that--
(A) have jurisdiction by law over environmental-
related issues that may be affected by the project and
the analysis of which would be part of any
environmental document required by the National
Environmental Policy Act of 1969; or
(B) may be required by Federal law to
independently--
(i) conduct an environmental-related review
or analysis; or
(ii) determine whether to issue a permit,
license, or approval or render an opinion on
the environmental impact of the project.
(2) Time limitations and concurrent review.--The Secretary
and the head of each Federal agency identified under paragraph
(1)--
(A)(i) shall jointly develop and establish time
periods for review for--
(I) all Federal agency comments with
respect to any environmental review documents
required by the National Environmental Policy
Act of 1969 for the project; and
(II) all other independent Federal agency
environmental analyses, reviews, opinions, and
decisions on any permits, licenses, and
approvals that must be issued or made for the
project;
whereby each such Federal agency's review shall be
undertaken and completed within such established time
periods for review; or
(ii) may enter into an agreement to establish such
time periods for review with respect to a class of
projects; and
(B) shall ensure, in establishing such time periods
for review, that the conduct of any such analysis,
review, opinion, and decision is undertaken
concurrently with all other environmental reviews for
the project, including those required by the National
Environmental Policy Act of 1969; except that such
review may not be concurrent if the affected Federal
agency can demonstrate that such concurrent review
would result in a significant adverse impact to the
environment or substantively alter the operation of
Federal law or would not be possible without
information developed as part of the environmental
review process.
(3) Factors to be considered.--Time periods for review
established under this section shall be consistent with those
established by the Council on Environmental Quality under the
provisions of sections 1501.8 and 1506.10 of title 40, Code of
Federal Regulations.
(4) Extensions.--The Secretary shall extend any time
periods for review under this section if, upon good cause
shown, the Secretary and any Federal agency concerned determine
that additional time for analysis and review is needed as a
result of new information which has been discovered that could
not reasonably have been anticipated when such agency's time
periods for review were established. Any memorandum of
understanding shall be modified to incorporate any mutually
agreed upon extensions.
(c) Dispute Resolution.--When the Secretary determines that a
Federal agency which is subject to a time period for its environmental
review or analysis under this section has failed to complete such
review, analysis, opinion, or decision on issuing any permit, license,
or approval within the established time period or within any agreed
upon extension to such time period, then the Secretary may assume such
agency's concurrence. If the Secretary finds after timely compliance
with this section, that an environmental issue related to the highway
project that an affected Federal agency has jurisdiction over by
operation of Federal law has not been resolved, then the Secretary and
the head of such agency shall resolve the matter within 30 days of the
finding by the Secretary.
(d) Acceptance of Purpose and Need.--For any environmental impact
statement prepared pursuant to the National Environmental Policy Act of
1969 or the conduct of any other environmental review, analysis,
opinion, or issuance of an environmental permit, license, or approval
that requires an analysis of purpose and need, the agency conducting
such review with respect to the highway project shall give due
consideration to the project purpose and need as defined by the
Secretary and the project applicant.
(e) Participation of State Agencies.--For any project eligible for
assistance under chapter 1 of title 23, United States Code, a State, by
operation of State law, may require that all State agencies that have
jurisdiction by State or Federal law over environmental-related issues
that may be affected by the project or must issue any environmental-
related reviews, analyses, opinions, or determinations on issuing any
permits, licenses, or approvals for the project be subject to the
coordinated environmental review process provided for in this section
unless the Secretary determines that a State's participation would not
be in the public interest. For a State to require State agencies to
participate in the review process, all affected agencies of such State
shall be subject to the review process.
(f) Assistance to Affected Federal Agencies.--The Secretary may
approve a request by a State to provide funds made available under
chapter 1 of title 23, United States Code, to the State for the project
subject to the review process established by this section to affected
Federal agencies to provide the resources necessary to meet any time
limits established by this section. Such requests shall only be
approved for the additional amounts that the Secretary determines are
necessary for such affected Federal agencies to meet the time limits
for environmental review where such time limits are less than the
customary time necessary for such review.
(g) Federal Agency Defined.--For the purposes of this section, the
term ``Federal agency'' means any Federal agency or any State agency
carrying out affected responsibilities required by operation of Federal
law.
(h) Judicial Review and Savings Clause.--
(1) Judicial review.--Nothing in this section shall affect
the reviewability of any final Federal agency action in a
district court of the United States or in the court of any
State.
(2) Savings clause.--Nothing in this section shall be
construed to affect the applicability of the National
Environmental Policy Act of 1969 or any other Federal
environmental statute or affect the responsibility of any
Federal officer to comply with or enforce any such statute.
(i) State Environmental Review Delegation Pilot Demonstration
Program.--
(1) In general.--The Secretary, in cooperation with the
Council on Environmental Quality, shall establish and implement
a State environmental review pilot demonstration program. Such
program shall permit the Secretary, in cooperation with the
Council on Environmental Quality, to develop criteria for
States to select up to 8 States for participation in the
program. A State interested in participation in the program
shall submit to the Secretary an application for participation.
(2) Delegation of authority.--For each State selected to
participate in the pilot program, the Secretary shall delegate
and the State shall accept all of the responsibilities for
conducting the Federal environmental review process required by
the National Environmental Policy Act of 1969 in the manner
required if the projects were undertaken by the Secretary.
(3) Certification.--A State that is selected to participate
in the pilot program shall, prior to assuming any
responsibilities for the Secretary under this subsection,
submit to the Secretary and the Secretary, in cooperation with
the Council on Environmental Quality, shall approve a
certification that shall, at a minimum--
(A) be in a form acceptable to the Secretary;
(B) be executed by the Chief Executive Officer of
the recipient of assistance under this section
(hereinafter in this section referred to as the
``certifying officer'');
(C) specify that the certifying officer consents to
assume the status of a responsible Federal officer
under the National Environmental Policy Act of 1969
(and any applicable regulations issued by the Secretary
or the Council on Environmental Quality implementing
such Act) for the affected project;
(D) accept jurisdiction of the Federal courts for
the purpose of enforcement of the State's
responsibilities for the project; and
(E) agree that the Secretary's approval of such
certification shall constitute the Secretary's
responsibilities under the National Environmental
Policy Act of 1969 and any other related provisions of
law that the Secretary may specify for the affected
project.
(4) Oversight.--For each State selected to participate in
the pilot program, the Secretary shall, in cooperation with the
Council on Environmental Quality, conduct quarterly audits in
the first year of such participation, and annual audits every
year thereafter, to ensure that each selected State is
complying with all elements of the certification provided for
in this subsection and all requirements delegated pursuant to
this subsection.
(5) Termination.--The Secretary, in cooperation with the
Council on Environmental Quality, may immediately terminate the
participation of any State if the Secretary, in cooperation
with the Council on Environmental Quality, finds that such
State is not complying with any responsibility or duty set
forth in this subsection or that the State's continued
participation in the program would result in any adverse impact
on the environment.
(6) Period of applicability.--The pilot program shall
remain in effect for 3 years. The pilot program shall apply to
all projects initiated within such 3-year period, and any such
project shall be subject to the provisions of this subsection
until the review of the project is completed under this
subsection.
(7) Report to congress.--The Secretary and Council on
Environmental Quality shall transmit to Congress annual reports
on the pilot program.
SEC. 503. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study set forth
in section 450.318 of title 23, Code of Federal Regulations, as a
separate requirement and promulgate regulations to integrate such
requirement, as appropriate, as part of each analysis undertaken
pursuant to the National Environmental Policy Act of 1969 for a project
receiving assistance with funds made available under this Act
(including any amendments made by this Act).
SEC. 504. FINANCIAL PLAN.
The Secretary shall require each recipient of Federal financial
assistance for a highway or transit project with an estimated total
cost of $1,000,000,000 or more to submit to the Secretary an annual
financial plan. Such plan shall be based on detailed annual estimates
of the cost to complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of future
increases in the cost to complete the project.
SEC. 505. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Chapter 1 is amended by inserting after section
109 the following:
``Sec. 110. Uniform transferability of Federal-aid highway funds
``(a) General Rule.--Notwithstanding any other provision of law but
subject to subsections (b) and (c), if at least 50 percent of a State's
apportionment under section 104 or 144 for a fiscal year or at least 50
percent of the funds set-aside under section 133(d) from the State's
apportionment section 104(b)(3) may not be transferred to any other
apportionment of the State under section 104 or 144 for such fiscal
year, then the State may transfer not to exceed 50 percent of such
apportionment or set aside to any other apportionment of such State
under section 104 or 144 for such fiscal year.
``(b) Application to Certain STP Set-Asides.--This section shall
not apply to funds subject to the last sentence of section 133(d)(1)
and funds subject to section 133(d)(3). The maximum amount that a State
may transfer under this section of the State's set-aside under section
133(d)(2) for a fiscal year may not exceed 50 percent of (1) the amount
of such set-aside, less (2) the amount of the State's set-aside under
section 133(d)(2) for fiscal year 1996.
``(c) Application to Certain CMAQ Funds.--The maximum amount that a
State may transfer under this section of the State's apportionment
under section 104(b)(2) for a fiscal year may not exceed 50 percent of
(1) the amount of such apportionment, less (2) the amount of the
State's apportionment under section 104(b)(2) for fiscal year 1997. Any
such funds apportioned under section 104(b)(2) and transferred under
this section may only be obligated in geographic areas eligible for the
obligation of funds apportioned under section 104(b)(2).''.
(b) Conforming Amendment.--The table of sections for chapter 1 is
amended by inserting after the item relating to section 109 the
following:
``Sec. 110. Uniform transferability of Federal-aid highway funds.''.
SEC. 506. DISCRETIONARY GRANT SELECTION CRITERIA AND PROCESS.
(a) Establishment of Criteria.--The Secretary shall establish
criteria for all discretionary programs funded from the Highway Trust
Fund (including the Mass Transit Account). To the extent practicable,
such criteria shall conform to the Executive Order No. 12893 (relating
to infrastructure investment).
(b) Selection Process.--
(1) Limitation on acceptance of application.--Before
accepting application for grants under any discretionary
program for which funds are authorized to be appropriated from
the Highway Trust Fund (including the Mass Transit Account) by
this Act (including the amendments made by this Act), the
Secretary shall publish the criteria established under
subsection (a). Such publication shall identify all statutory
criteria and any criteria established by regulation that will
apply to such program.
(2) Explanation.--At least 14 days before making a grant
under a discretionary program described in paragraph (1), the
Secretary shall transmit to the respective committees of the
House of Representatives and the Senate having jurisdiction
over such program, and shall publish, an explanation of how
projects will be selected based on the criteria established for
such program under subsection (a).
(c) Minimum Programs.--At a minimum the criteria established under
subsection (a) and the process established by subsection (b) shall
apply to the following programs:
(1) The high cost interstate system reconstruction and
improvement program.
(2) The research program under title VI of this Act.
(3) The national corridor planning and development program.
(4) The coordinated border infrastructure and safety
program.
(5) The construction of ferry boats and ferry terminal
facilities.
(6) The scenic byway program.
(7) The discretionary bridge program.
(8) New fixed guideway systems and extensions to existing
fixed guideway systems under section 5309 of title 49, United
States Code.
(9) Transit research and planning.
SEC. 507. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall eliminate any required
programmatic responsibility for any regional office of the Department
of Transportation carrying out responsibilities of the Federal Highway
Administration regarding any funds made available by this Act
(including any amendments made by this Act).
(b) Retention of Regional Offices.--The Secretary may retain
regional offices of the Department of Transportation carrying out
responsibilities of the Federal Highway Administration for the purpose
of providing technical support to States, metropolitan areas, and
transit authorities upon request.
TITLE VI--TRANSPORTATION RESEARCH
SEC. 601. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise specifically 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 of law, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 602. APPLICABILITY OF TITLE 23.
Funds made available by subparagraphs (F) through (I) of section
127(a)(3) of this Act shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share payable for a project
or activity carried out using such funds shall be determined by the
Secretary (unless otherwise expressly provided by this Act) and such
funds shall remain available until expended.
SEC. 603. TRANSFERS OF FUNDS.
The Secretary may transfer not to exceed 10 percent of the amounts
made available by each of subparagraphs (F) through (I) of section
127(a)(3) of this Act to the amounts made available by any other of
such subparagraphs.
Subtitle A--Surface Transportation Research, Technology, and Education
PART I--HIGHWAY RESEARCH
SEC. 611. RESEARCH.
(a) Research.--Section 307(a) is amended--
(1) in paragraph (1) by striking subparagraph (C); and
(2) by striking paragraph (3) and inserting the following:
``(3) Amounts deposited by cooperating organizations and
persons.--There shall be available to the Secretary for
carrying out this subsection such funds as may be deposited by
any cooperating organization or person in a special account of
the Treasury of the United States established for such
purpose.''.
(b) Long-Term Pavement Performance.--Section 307(b)(2) is amended
to read as follows:
``(2) Long-term pavement performance.--
``(A) In general.--As part of the highway research
program under subsection (a), the Secretary shall carry
out a long-term pavement performance program to
continue to completion the long-term pavement
performance tests initiated under the strategic highway
research program.
``(B) Grants, cooperative agreements, and
contracts.--In carrying out subparagraph (A), the
Secretary shall make grants and enter into cooperative
agreements and contracts for the following purposes:
``(i) To continue the monitoring, material-
testing, and evaluation of the highway test
sections established under the long-term
pavement performance program.
``(ii) To carry out analyses of the data
collected under the program.
``(iii) To prepare the products required to
fulfill the original objectives of the program
and to meet future pavement technology
needs.''.
(c) Advanced Research.--Section 307(b)(4) is amended to read as
follows:
``(4) Advanced research.--
``(A) In general.--The highway research program
under subsection (a) shall include an advanced research
program that addresses longer-term, higher-risk
research that shows potential benefits for improving
the durability, efficiency, environmental impact,
productivity, and safety (including bicycle and
pedestrian safety) of highway and intermodal
transportation systems. In carrying out this program,
the Secretary shall strive to develop partnerships with
the public and private sectors.
``(B) Research areas.--In carrying out the advanced
research program under subparagraph (A), the Secretary
may make grants and enter into cooperative agreements
and contracts in such areas as the Secretary determines
appropriate, including the following:
``(i) Characterization of materials used in
highway infrastructure, including analytical
techniques, microstructure modeling, and the
deterioration processes.
``(ii) Diagnostics for evaluation of the
condition of bridge and pavement structures to
enable assessment of failure risks.
``(iii) Design and construction details for
composite structures.
``(iv) Safety technology based problems in
the areas of pedestrian and bicycle safety,
roadside hazards, and composite materials for
roadside safety hardware.
``(v) Particulate matter source
apportionment, control strategy synthesis
evaluation, and model development.
``(vi) Data acquisition techniques for
system condition and performance monitoring.
``(vii) Prediction of the response of
current and future travelers to new
technologies.''.
(d) Supporting Infrastructure.--Section 307(b)(5) is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraph (D) as subparagraph (C).
(e) Repeals.--Section 307 is amended--
(1) by striking subsections (c), (d), and (e); and
(2) by redesignating subsections (f), (g), and (h) as
subsections (c), (d), and (e), respectively.
(f) Seismic Research Program.--Section 307(c), as so redesignated,
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Establishment.--The Secretary shall establish a
program to study the vulnerability of the Federal-aid highway
system and other surface transportation systems to seismic
activity and to develop and implement cost-effective methods to
reduce such vulnerability.'';
(2) by striking paragraph (4) and inserting the following:
``(4) Funding.--Of the amounts made available to carry out
this section, the Secretary shall expend not more than
$2,000,000 for each of fiscal years 1998 through 2000 to carry
out this subsection.''; and
(3) by striking paragraph (5).
(g) Biennial Report.--Section 307(e), as so redesignated, is
amended--
(1) by striking ``The Secretary'' and inserting ``Biennial
Report.--The Secretary''; and
(2) by inserting after ``highway needs'' the following: ``,
as well as the backlog of current highway needs,''.
(h) Conforming Amendments.--Chapter 3 is amended--
(1) in the heading to section 307 by striking ``and
planning''; and
(2) in the table of sections for such chapter by striking
the item relating to section 307 and inserting the following:
``307. Research.''.
SEC. 612. STATE PLANNING AND RESEARCH.
(a) In General.--Section 313 is amended to read as follows:
``Sec. 313. State planning and research
``(a) General Rule.--Two percent of the sums apportioned for each
fiscal year beginning after September 30, 1997, under section 104
(other than section 104(f)) and under section 144 shall be available
for expenditure by the State, in consultation with the Secretary, only
for the following purposes:
``(1) Engineering and economic surveys and investigations.
``(2) The planning of future highway programs and local
public transportation systems and the planning of the financing
of such programs and systems, including statewide planning
under section 135.
``(3) Development and implementation of management systems
under section 303.
``(4) Studies of the economy, safety, and convenience of
highway usage and the desirable regulation and equitable
taxation thereof.
``(5) Research, development, and technology transfer
activities necessary in connection with the planning, design,
construction, management, and maintenance of highway, public
transportation, and intermodal transportation systems and
study, research, and training on the engineering standards and
construction materials for such systems, including the
evaluation and accreditation of inspection and testing and the
regulation and taxation of their use.
``(b) Minimum Expenditures on Research, Development, and Technology
Transfer Activities.--Not less than 25 percent of the funds which are
apportioned to a State for a fiscal year and are subject to subsection
(a) shall be expended by the State for research, development, and
technology transfer activities described in subsection (a) relating to
highway, public transportation, and intermodal transportation systems
unless the State certifies to the Secretary for such fiscal year that
total expenditures by the State for transportation planning under
sections 134 and 135 will exceed 75 percent of the amount of such funds
and the Secretary accepts such certification. Funds used for research
provided under this subsection are not subject to an assessment under
the Small Business Research and Development Enhancement Act of 1992
(Public Law 102-564).
``(c) Federal Share.--The Federal share payable on account of any
project financed with funds which are subject to 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 Sums.--Funds which are subject to
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).''.
(b) Conforming Amendment.--The table of sections for chapter 3 is
amended by inserting after the item relating to section 312 the
following:
``313. State planning and research.''.
SEC. 613. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.
(a) Activities.--Section 325(a) is amended--
(1) by inserting after ``expertise'' the following: ``,
goods, and services'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) gathering and disseminating information on foreign
transportation markets and industries.''.
(b) Funds.--Section 325(c) is amended to read as follows:
``(c) Funds.--Funds available to carry out this section shall
include funds deposited by any cooperating organization or person in a
special account for such purpose with the Secretary of the Treasury.
The funds deposited in the special account and other funds available to
carry out this section shall be available to cover the cost of any
activity eligible under this section, including the cost of promotional
materials, travel, reception and representation expenses, and salaries
and benefits. Reimbursements for salaries and benefits of Department of
Transportation employees providing services under this section shall be
credited to the special account.''.
(c) Eligibility.--Section 325 is amended by adding at the end the
following:
``(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 313 for any activity authorized under subsection
(a).''.
PART II--TRANSPORTATION EDUCATION, PROFESSIONAL TRAINING, AND
TECHNOLOGY DEPLOYMENT
SEC. 621. NATIONAL HIGHWAY INSTITUTE.
Section 321 is amended by striking subsection (f) and redesignating
subsection (g) as subsection (f).
SEC. 622. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVE.
(a) In General.--Section 322 is amended to read as follows:
``Sec. 322. National technology deployment initiative
``(a) In General.--The Secretary shall develop and implement a
national technology deployment initiative to expand adoption by the
surface transportation community of innovative technologies to improve
the safety, efficiency, reliability, service life, and sustainability
of transportation systems and to reduce environmental impact.
``(b) Integration With Other Programs.--The Secretary shall
integrate activities undertaken pursuant to this section with the
efforts of the Department to disseminate the results of research
sponsored by the Department and to facilitate technology transfer.
``(c) Leveraging of Federal Resources.--In selecting projects to be
carried out under this section, the Secretary shall give preference to
projects that leverage Federal funds with other significant public or
private resources.
``(d) Grants, Contracts, and Cooperative Agreements.--The Secretary
may carry out this section either independently or in cooperation with
other Federal departments, agencies, and instrumentalities or by making
grants to, or entering into contracts, cooperative agreements, or other
transactions with any State or local agency, authority, association,
institution, corporation (for-profit or nonprofit), organization, or
person.''.
(b) Conforming Amendment.--The table of sections for chapter 3 is
amended by inserting after the item relating to section 321 the
following:
``322. National technology deployment initiative.''.
SEC. 623. EDUCATION AND TRAINING PROGRAMS.
(a) Local Technical Assistance Program.--Section 326(a) is
amended--
(1) by striking ``Authority'' and inserting ``Local
Technical Assistance Program''; and
(2) by striking ``transportation assistance program'' and
inserting ``local technical assistance program''.
(b) Research Fellowships.--Section 326 is further amended--
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Research Fellowships.--
``(1) General authority.--The Secretary may, acting either
independently or in cooperation with other Federal departments,
agencies, and instrumentalities, make grants for research
fellowships for any purpose for which research is authorized by
this section.
``(2) Dwight david eisenhower transportation fellowship
program.--The Secretary shall establish and implement a
transportation research fellowship program for the purpose of
attracting qualified students to the field of transportation.
Such program shall be known as the `Dwight David Eisenhower
Transportation Fellowship Program'.''.
(c) Conforming Amendments.--Chapter 3 is amended--
(1) in the heading to section 326 by striking ``program''
and inserting ``programs''; and
(2) in the table of sections for such chapter by striking
the item relating to section 326 and inserting the following:
``326. Education and training programs.''.
SEC. 624. UNIVERSITY TRANSPORTATION RESEARCH.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5505. University transportation research
``(a) Regional Centers.--The Secretary of Transportation shall make
grants to nonprofit institutions of higher learning to establish and
operate 1 university transportation center in each of the 10 United
States Government regions that comprise the Standard Federal Regional
Boundary System.
``(b) Other Centers.--The Secretary shall make grants to nonprofit
institutions of higher learning to establish and operate 10 university
transportation centers, in addition to the centers receiving grants
under subsection (a), to address transportation management and research
and development, with special attention to increasing the number of
highly skilled individuals entering the field of transportation.
``(c) Selection of Grant Recipients.--
``(1) Applications.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning shall submit to the Secretary an application that is
in such form and contains such information as the Secretary may
require.
``(2) Selection criteria.--The Secretary shall select each
recipient of a grant under this section through a competitive
process on the basis of the following:
``(A) For regional centers, the location of the
center within the Federal region to be served.
``(B) The demonstrated research and extension
resources available to the recipient to carry out this
section.
``(C) The capability of the recipient to provide
leadership in making national and regional
contributions to the solution of immediate and long-
range transportation problems.
``(D) The recipient's establishment of a surface
transportation program encompassing several modes of
transportation.
``(E) The recipient's demonstrated commitment of at
least $200,000 in regularly budgeted institutional
amounts each year to support ongoing transportation
research and education programs.
``(F) The recipient's demonstrated ability to
disseminate results of transportation research and
education programs through a statewide or regionwide
continuing education program.
``(G) The strategic plan the recipient proposes to
carry out under the grant.
``(d) Objectives.--Each university transportation center receiving
a grant under this section shall conduct the following programs and
activities:
``(1) 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.
``(3) An ongoing program of technology transfer that makes
research results available to potential users in a form that
can be implemented, utilized, or otherwise applied.
``(e) Maintenance of Effort.--In order to be eligible to receive a
grant under this section, a recipient shall enter into an agreement
with the Secretary to ensure that the recipient will maintain total
expenditures from all other sources to establish and operate a
university transportation center and related research activities at a
level at least equal to the average level of such expenditures in its 2
fiscal years prior to award of a grant under this section.
``(f) Federal Share.--The Federal share of the costs of activities
carried out using a grant made under this section is 50 percent of
costs. The non-Federal share may include funds provided to a recipient
under section 5307 or 5311 of this title or section 313, 322, or 326(a)
of title 23, United States Code.
``(g) Program Coordination.--
``(1) Coordination.--The Secretary shall coordinate the
research, education, training, and technology transfer
activities that grant recipients carry out under this section,
disseminate the results of the research, and establish and
operate a clearinghouse.
``(2) Annual review and evaluation.--At least annually, the
Secretary shall review and evaluate programs the grant
recipients carry out.
``(3) Funding limitation.--The Secretary may use not more
than 1 percent of amounts made available from Government
sources to carry out this subsection.
``(h) Limitation on Availability of Funds.--Funds made available to
carry out this program shall remain available for obligation for a
period of 2 years after the last day of the fiscal year for which such
funds are authorized.
``(i) Special Rule for Fiscal Years 1998 and 1999.--
``(1) In general.--In carrying out subsections (a) and (b)
in fiscal years 1998 and 1999, the Secretary shall make grants
to each university transportation center and university
research institute that received a grant in fiscal year 1997
under section 5316 or 5317 of this title, as in effect on the
day before the date of the enactment of this section.
``(2) Terms and conditions.--Notwithstanding any other
provision of this section, grants made pursuant to paragraph
(1) in fiscal years 1998 and 1999 shall be subject to the same
terms and conditions as the fiscal year 1997 grants referred to
in paragraph (1).
``(j) University Research Institutes.--Any university research
institute that received a grant under section 5316 of this title, as in
effect on the day before the date of the enactment of this section,
shall be eligible to receive grants made available to university
transportation centers under this section.
``(k) Applications That May Be Considered.--In selecting grant
recipients under subsection (c), the Secretary shall consider at a
minimum applications submitted by the following:
``(1) Any university transportation center or university
research institute described in subsection (i)(1).
``(2) The University of Denver.
``(3) The University of Arizona.
``(4) The University of Central Florida.
``(5) Carnegie Mellon and Lehigh Universities.
``(6) University of South Carolina and California State
University Long Beach.
``(7) Pace University.
``(8) A consortium of historically black colleges in
Alabama.
``(9) Lawson State Community College.
``(10) A consortium consisting of the University of
Wisconsin, the University of Illinois, and Purdue University.
``(11) The University of New Hampshire.
``(12) A group of Virginia universities acting as a Center
of ITS Implementation.
``(13) The University of Tennessee.
``(14) The Alabama Transportation Institute.''.
(b) Conforming Amendment.--The table of sections for chapter 55 of
title 49, United States Code, is amended by inserting after the item
relating to section 5504 the following:
``5505. University transportation research.''.
(c) Appalachian Transportation Institute.--
(1) Grants.--The Secretary shall make grants under section
5505 of title 49, United States Code, to Marshall University,
West Virginia, on behalf of a consortium which also may include
West Virginia University Institute of Technology, the College
of West Virginia, and Bluefield State College to establish and
operate an Appalachian Transportation Institute. Such institute
shall conduct research, training, technology transfer, and
other transportation related activities in the development and
enhancement of transportation systems in the Appalachian
region, including the Appalachian Development Highway System.
(2) Funding.--Of amounts made available to carry out such
section 5505, $2,000,000 shall be available for each of fiscal
years 1998, 1999, and 2000 to carry out paragraph (1).
(3) Federal share.--The Federal share payable for the costs
of the institute referred to in paragraph (1) shall be 80
percent; except that the non-Federal interest shall receive
credit for the reasonable cost associated with the
establishment and administration of the institute referred to
in paragraph (1).
(d) ITS Institute.--
(1) Grants.--The Secretary shall make grants under section
5505 of title 49, United States Code, to the University of
Minnesota to continue to operate and expand the ITS Institute.
The ITS Institute shall continue to conduct research,
education, and development activities that focus on
transportation management, enhanced safety, human factors, and
reduced environmental effects. The ITS Institute shall develop
new or expanded programs to address emerging issues of ITS
related to transportation policy, intermodalism, sustainable
community development, and transportation telematics.
(2) Funding.--Of amounts made available to carry out such
section 5505, $2,000,000 shall be available for each of fiscal
years 1998, 1999, and 2000 to carry out paragraph (1).
(3) Federal share.--The Federal share payable for the costs
of the institute referred to in paragraph (1) shall be 80
percent; except that the non-Federal interest shall receive
credit for the reasonable cost associated with the
establishment and administration of the institute referred to
in paragraph (1).
SEC. 625. FUNDING ALLOCATIONS.
Of the amounts made available for each of fiscal years 1998 through
2000 by section 127(a)(3)(G) of this Act--
(1) not to exceed $8,000,000 per fiscal year shall be
available for the National Highway Institute under section 321
of title 23, United States Code;
(2) not to exceed $10,000,000 per fiscal year shall be
available for the local technical assistance program under
section 326(a) of such title;
(3) not to exceed $2,000,000 per fiscal year shall be
available for the Dwight D. Eisenhower Transportation
Fellowship Program under section 326(b) of such title;
(4) not to exceed $14,000,000 for each of fiscal years 1998
and 1999 and $19,000,000 for fiscal year 2000 shall be
available for the national technology deployment initiative
program under section 322 of such title;
(5) not to exceed $16,000,000 per fiscal year shall be
available for university transportation centers under section
5505 of title 49, United States Code.
PART III--BUREAU OF TRANSPORTATION STATISTICS AND MISCELLANEOUS
PROGRAMS
SEC. 631. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 111 of title 49, United States Code, is
amended--
(1) by striking the second sentence of subsection (b)(4);
(2) in subsection (c)(1)--
(A) in subparagraph (J) by striking ``and'' at the
end;
(B) in subparagraph (K) by striking the period and
inserting ``; and'' ; and
(C) by adding at the end the following:
``(L) transportation-related variables influencing
global competitiveness.'';
(3) in subsection (c)(2)--
(A) by striking ``national transportation system''
in the first sentence and inserting ``Nation's
transportation systems'';
(B) 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 Nation's transportation systems
under the Government Performance and Results Act of
1993 (107 Stat. 285 et seq.);''; and
(C) in subparagraph (C) by inserting ``, made
relevant to the States and metropolitan planning
organizations,'' after ``accuracy'';
(4) in subsection (c)(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 (107 Stat. 285 et seq.), and shall undertake such
other reviews as may be requested by the Secretary.'';
(5) in subsection (c) by adding at the end the following:
``(7) Supporting transportation decisionmaking.--Ensuring
that the statistics compiled under paragraph (1) are relevant
for transportation decisions by Federal, State, and local
governments, transportation-related associations, private
businesses, and consumers.'';
(6) by--
(A) redesignating subsections (d), (e), and (f) as
subsections (h), (i) and (j), respectively;
(B) striking subsection (g); and
(C) inserting after subsection (c) the following:
``(d) Intermodal Transportation Data Base.--The Director shall
establish and maintain an intermodal transportation data base. The data
base shall be suitable for analyses conducted by the Federal
Government, the States, and metropolitan planning organizations. The
data base shall include, at a minimum--
``(1) information on the volumes and patterns of movement
of goods, including local, interregional, and international
movements, by all modes of transportation and intermodal
combinations, and by relevant classification;
``(2) information on the volumes and patterns of movement
of people, including local, interregional, and international
movements, by all modes of transportation and intermodal
combinations, and by relevant classification; and
``(3) information on the location and connectivity of
transportation facilities and services and a national
accounting of expenditures and capital stocks on each mode of
transportation and intermodal combinations.
``(e) National Transportation Library.--The Director shall
establish and maintain a national transportation library containing a
collection of statistical and other information needed for
transportation decisionmaking at the Federal, State, and local levels.
``(f) National Transportation Atlas Data Base.--The Director shall
develop and maintain geographic data bases depicting transportation
networks; flows of people, goods, vehicles, and craft over those
networks; and social, economic, and environmental conditions affecting
or affected by those networks. These 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 to support the programs and
activities of the Bureau.'';
(7) by striking subsection (i), as so redesignated, and
inserting the following:
``(i) Prohibition on Certain Disclosures.--
``(1) Information obtained under long-term data collection
program.--An officer or employee of the Bureau may not--
``(A) make any publication in which the data
furnished by an individual or organization under
paragraph (c)(2) can be identified;
``(B) use the information furnished under the
provisions of subsection (c)(2) for a nonstatistical
purpose; or
``(C) permit anyone other than the individuals
authorized by the Director to examine individual
reports furnished under subsection (c)(2).
``(2) Copies of reports.--No department, bureau, agency,
officer, or employee of the United States, except the Director
in carrying out the purpose of this section, shall require, for
any reason, copies of reports which have been filed under
subsection (c)(2) with the Bureau or retained by any individual
respondent. Copies of such reports which have been so retained
or filed with the Bureau or any of its employees, contractors,
or agents shall be immune from legal process, and 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. This paragraph shall
only apply to information that permits information concerning
an individual or organization to be reasonable inferred by
direct or indirect means.
``(3) Collection of data for nonstatistical purposes.--In a
case in which the Bureau is authorized by statute to collect
data or information for nonstatistical purposes, the Director
shall clearly distinguish the collection of such data or
information by rule, and on the collection instrument, to
inform a respondent requested or required to supply the data or
information of the nonstatistical purposes.''; and
(8) by adding at the end the following:
``(k) Data Product Sales Proceeds.--Notwithstanding section 3302 of
title 31, United States Code, funds received by the Bureau from the
sale of data products may be credited to the Highway Trust Fund (other
than the Mass Transit Account) and shall be available for the purpose
of reimbursing the Bureau for such expenses.
``(l) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) $31,000,000 for each of fiscal years
1998 through 2000 to carry out this section, except that
amounts for activities under subsection (g) may not exceed
$500,000 in any fiscal year. Amounts made available under this
subsection shall remain available for a period of 3 fiscal
years.
``(2) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code.''.
(b) Conforming Amendment.--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. 632. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION
PROGRAM.
(a) In General.--The Secretary shall carry out a transportation
technology innovation and demonstration program in accordance with the
requirements of this section.
(b) Contents of Program.--
(1) Use of concrete pavement.--
(A) In general.--The Secretary shall conduct
research on improved methods of using concrete pavement
in the construction, reconstruction, and repair of
Federal-aid highways.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $10,000,000 per fiscal year
shall be available to carry out this paragraph.
(2) Motor vehicle safety warning system.--
(A) In general.--The Secretary shall expand and
continue the study authorized by section 358(c) of the
National Highway System Designation Act of 1995 (23
U.S.C. 401 note; 109 Stat. 625) relating to the
development of a motor vehicle safety warning system
and shall conduct tests of such system.
(B) Grants.--In carrying out this paragraph, the
Secretary may make grants to State and local
governments.
(C) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $700,000 per fiscal year
shall be available to carry out this paragraph.
(3) Steel bridge construction.--
(A) In general.--The Secretary shall make grants
for research and construction to improve and
demonstrate the use of steel bridge construction.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $10,000,000 per fiscal year
shall be available to carry out this paragraph.
(C) Federal share.--The Federal share payable on
account of construction activities carried out using a
grant made under this paragraph shall be 80 percent of
the cost of such activities.
(4) Use of asphalt pavement.--
(A) In general.--The Secretary shall conduct
research on improved methods of using asphalt pavement
in the construction, reconstruction, and repair of
Federal-aid highways.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $10,000,000 per fiscal year
shall be available to carry out this paragraph.
(5) Use of hazardous materials monitoring systems.--
(A) In general.--The Secretary shall conduct
research on improved methods of deploying and
integrating existing ITS projects to include hazardous
materials monitoring systems across various modes of
transportation.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(I) of this Act, $1,500,000 per fiscal year
shall be available to carry out this paragraph.
(6) Motor carrier advanced sensor control system.--
(A) In general.--The Secretary shall conduct
research on the deployment of a system of advanced
sensors and signal processors in trucks and tractor
trailers to determine axle and wheel alignment, monitor
collision alarm, check tire pressure and tire balance
conditions, measure and detect load distribution in the
vehicle, and monitor and adjust automatic braking
systems.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(I) of this Act, $700,000 per fiscal year
shall be available to carry out this paragraph.
(7) Outreach and technology transfer activities.--
(A) In general.--The Secretary shall continue to
support the Urban Consortium's ITS outreach and
technology transfer activities.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $500,000 per fiscal year
shall be available to carry out this paragraph.
(8) Transportation economic and land use system.--
(A) In general.--The Secretary shall continue
development and deployment to metropolitan planning
organizations of the Transportation Economic and Land
Use System.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $1,000,000 per fiscal year
shall be available to carry out this paragraph.
(9) ITS implementation.--
(A) In general.--The Secretary shall make grants to
the State of Wisconsin to continue ITS activities in
the corridor serving the Greater Milwaukee, Wisconsin,
Chicago, Illinois, and Gary, Indiana, areas initiated
under the Intermodal Surface Transportation Efficiency
Act of 1991.
(B) Funding.--Of the amounts allocated for each of
fiscal years 1998 through 2000 under section 657(a) of
this Act, $2,000,000 per fiscal year shall be available
to carry out this paragraph.
(10) Composite materials.--
(A) In general.--The Secretary shall conduct
research in the use of composite materials for
guardrails and bridge decking.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(F) of this Act, $700,000 per fiscal year
shall be available to carry out this paragraph.
(11) Intelligent transportation infrastructure.--
(A) In general.--The Secretary shall carry out a
program to advance the deployment of an operational
intelligent transportation infrastructure system for
the measurement of various transportation system
activities to aid in the transportation planning and
analysis while making a significant contribution to the
ITS program under this title. This program shall be
located in the 2 largest metropolitan areas in the
State of Pennsylvania.
(B) Funding.--Of the amounts made available for
each of fiscal years 1998 through 2000 by section
127(a)(3)(H) of this Act, $1,700,000 per fiscal year
shall be available to carry out this paragraph.
(C) Federal share.--The Federal share payable on
account of the program carried out under this paragraph
shall be 80 percent of the cost of such program.
Subtitle B--Intelligent Transportation Systems
SEC. 651. DEFINITIONS.
As used in this subtitle, the following definitions apply:
(1) Intelligent transportation systems; its.--The terms
``intelligent transportation systems'' and ``ITS'' mean
electronics, communications, or information processing used
singly or in combination to improve the efficiency and safety
of surface transportation systems.
(2) Intelligent transportation infrastructure.--The term
``intelligent transportation infrastructure'' means fully
integrated public sector ITS components, as defined by the
Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(4) State.--The term ``State'' has the meaning given such
term under section 101 of title 23, United States Code.
SEC. 652. SCOPE OF PROGRAM.
(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing ITS program to research, develop,
and operationally test intelligent transportation systems and advance
nationwide deployment of such systems as a component of the Nation's
surface transportation systems.
(b) Goals.--The goals of the ITS program include--
(1) enhancement of surface transportation efficiency to
enable existing facilities to meet a significant portion of
future transportation needs and to reduce regulatory,
financial, and other transaction costs to public agencies and
system users;
(2) enhancement of safe operation of motor vehicles,
including motorcycles, and nonmotorized vehicles on the
Nation's surface transportation systems, with a particular
emphasis on decreasing the number and severity of collisions;
(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting States to attain air quality
goals established pursuant to the Clean Air Act (42 U.S.C. 7401
et seq.);
(4) accommodation of the needs of all users of the Nation's
surface transportation systems, including the operators of
commercial vehicles, passenger vehicles, and motorcycles;
(5) improvement of public access to employment, goods, and
services;
(6) development of a technology base and necessary
standards and protocols for intelligent transportation systems;
(7) improvement of the Nation's ability to respond to
emergencies and natural disasters and enhancement of national
defense mobility; and
(8) promotion of the access and use of data collected from
projects conducted under the program by public and private
organizations.
SEC. 653. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) Cooperation and Consultation Requirements.--
(1) Cooperation with governmental, private, and educational
entities.--The Secretary shall carry out the ITS program in
cooperation with State and local governments and other public
entities, the United States private sector, and colleges and
universities, including historically black colleges and
universities and other minority institutions of higher
education.
(2) Consultation with federal officials.--In carrying out
the ITS program, the Secretary, as appropriate, shall consult
with the Secretary of Commerce, the Secretary of the Treasury,
the Administrator of the Environmental Protection Agency, the
Director of the National Science Foundation, and the heads of
other Federal departments and agencies.
(b) Standards.--
(1) Development of national its architecture.--The
Secretary shall develop, implement, and maintain a national ITS
architecture and standards and protocols to promote the
widespread use and evaluation of ITS technology as a component
of the Nation's surface transportation systems.
(2) Interoperability among its technologies.--The national
ITS architecture shall promote interoperability among ITS
technologies implemented throughout the States.
(3) Use of services of standards-setting organizations.--In
carrying out this subsection, the Secretary may use the
services of standards-setting organizations.
(4) Establishment of dedicated short-range vehicle to
wayside wireless standard.--In carrying out this subsection,
the Secretary, in consultation with the Secretary of Commerce,
the Secretary of Defense, and the Federal Communications
Commission, shall take such actions as may be necessary to
secure the necessary spectrum for the near-term establishment
of a dedicated short-range vehicle to wayside wireless
standard.
(c) Evaluations.--
(1) Guidelines and requirements.--The Secretary shall issue
guidelines and requirements for the evaluation of field and
related operational tests carried out under section 655 of this
Act.
(2) Objectivity and independence.--The guidelines and
requirements issued under paragraph (1) shall include
provisions to ensure the objectivity and independence of the
evaluator and to avoid any real or apparent conflict of
interest or potential influence on the outcome by parties to
the tests or any other formal evaluation conducted under this
subtitle.
(3) Nonapplicability of paperwork reduction act of 1995.--
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) shall
not apply to any survey, questionnaire, or interview that the
Secretary considers necessary to evaluate the tests or assess
activities carried out under this subtitle.
(d) Information Clearinghouse.--
(1) Establishment.--The Secretary shall establish and
maintain a repository for technical and safety data collected
as a result of federally-sponsored projects under this subtitle
and shall make, upon request, such information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
(2) Delegation of authority.--The Secretary may delegate
the responsibility of the Secretary under this subsection, with
continuing oversight by the Secretary, to an appropriate entity
that is not within the Department of Transportation. Any entity
to which such responsibility is delegated shall be eligible for
Federal assistance under this subtitle.
(e) Advisory Committees.--
(1) In general.--The Secretary may utilize 1 or more
advisory committees in carrying out this subtitle.
(2) Applicability of federal advisory committee act.--Any
advisory committee utilized under this subsection shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.,
86 Stat. 770).
(3) Funding.--Funding provided for an advisory committee
utilized under this subsection shall be available from moneys
appropriated for advisory committees as specified in relevant
appropriations Acts and from funds allocated for research,
development, and implementation activities in connection with
the ITS program.
(f) Conformity With Standards.--
(1) In general.--The Secretary shall ensure that ITS
projects carried out using funds made available out of the
Highway Trust Fund conform to the national ITS architecture and
standards and protocols developed under subsection (b).
(2) Exception.--Paragraph (1) shall not apply to projects
carried out using funds authorized for specific research
objectives in the National ITS Program Plan under section 654
of this Act.
(g) Life-Cycle Cost Analysis.--The Secretary shall require an
analysis of the life-cycle costs of each project carried out using
funds made available under this subtitle, and each project authorized
in section 656 of this Act, for operations and maintenance of ITS
elements, where the total initial capital costs of the such elements
exceed $3,000,000.
(h) Procurement Methods.--
(1) Technical assistance.--The Secretary shall develop
appropriate technical assistance and guidance to assist State
and local agencies in evaluating and selecting appropriate
methods of procurement for its projects carried out using funds
made available from the Highway Trust Fund, including
innovative and nontraditional methods of procurement.
(2) ITS software.--To the maximum extent practicable,
contracting officials shall use as a critical evaluation
criterion the Software Engineering Institute's Capability
Maturity Model, or another similar recognized standard risk
assessment methodology, to reduce the cost, schedule, and
performance risks associated with the development, management,
and integration of ITS software.
SEC. 654. NATIONAL ITS PROGRAM PLAN.
(a) National ITS Program Plan.--
(1) Updates.--The Secretary shall maintain and update, as
necessary, the National ITS Program Plan developed by the
Department of Transportation and the Intelligent Transportation
Society of America.
(2) Scope.--The National ITS Program Plan shall--
(A) specify the goals, objectives, and milestones
for the deployment of intelligent transportation
infrastructure in the context of major metropolitan
areas, smaller metropolitan and rural areas, and
commercial vehicle information systems and networks;
(B) specify how specific programs and projects
relate to the goals, objectives, and milestones
referred to in subparagraph (A), including
consideration of the 5-, 10-, and 20-year timeframes
for the goals and objectives;
(C) establish a course of action necessary to
achieve the program's goals and objectives;
(D) provide for the evolutionary development of
standards and protocols to promote and ensure
interoperability in the implementation of ITS
technologies; and
(E) establish a cooperative process with State and
local governments for determining desired surface
transportation system performance levels and developing
plans for national incorporation of specific ITS
capabilities into surface transportation systems.
(b) Implementation Reports.--Not later than 1 year after the date
of the enactment of this Act, and biennially thereafter, the Secretary
shall transmit 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 implementation of the National
ITS Program Plan.
SEC. 655. TECHNICAL ASSISTANCE, PLANNING, RESEARCH, AND OPERATIONAL
TESTS.
(a) Technical Assistance, Training, and Information.--The Secretary
may provide technical assistance, training, and information to State
and local governments seeking to implement, operate, maintain, and
evaluate ITS technologies and services.
(b) Transportation Planning.--The Secretary may provide funding to
support adequate consideration of transportation system management and
operations, including ITS, within metropolitan and statewide
transportation planning processes.
(c) Research and Operational Tests.--The Secretary may provide
funding for research and operational tests relating to ITS.
(d) Demonstration and Evaluation of Intelligent Vehicle Highway
Systems.--The Secretary may conduct research and development activities
for the purpose of demonstrating integrated intelligent vehicle highway
systems and roadway safety systems. Such research shall include state-
of-the-art systems and shall integrate collision avoidance, in-vehicle
information, and other safety related systems (including
infrastructure-based systems). Development work shall incorporate human
factors research findings.
SEC. 656. ITS DEPLOYMENT.
(a) Intelligent Transportation Infrastructure Deployment Incentives
Program.--The Secretary shall conduct a program to promote the
deployment of regionally integrated, intermodal intelligent
transportation systems and, through financial and technical assistance
under this subtitle, shall assist in the development and implementation
of such systems.
(b) Goals.--In accordance with the National ITS Program Plan under
section 654 of this Act, the Secretary shall provide incentives for the
deployment of integrated applications of intermodal, intelligent
transportation infrastructure and system technologies to--
(1) stimulate sufficient deployment to validate and
accelerate the establishment of national ITS standards and
protocols;
(2) realize the benefits of regionally integrated,
intermodal deployment of intelligent transportation
infrastructure and commercial vehicle operations, including
electronic border crossing applications; and
(3) motivate innovative approaches to overcoming non-
technical constraints or impediments to deployment.
(c) Project Selection.--In order to be eligible for funding under
this section, a project shall--
(1) contribute to national deployment goals and objectives
outlined in the National ITS Program Plan under section 654 of
this Act;
(2) demonstrate a strong commitment to cooperation among
agencies, jurisdictions, and the private sector, as evidenced
by signed memorandums of understanding that clearly define the
responsibilities and relation of all parties to a partnership
arrangement, including institutional relationships and
financial agreements needed to support deployment, and
commitment to the criteria provided in paragraphs (3) through
(7);
(3) demonstrate commitment to a comprehensive plan of fully
integrated ITS deployment in accordance with the national ITS
architecture and standards and protocols established under
section 653(b) of this Act;
(4) be part of approved plans and programs developed under
applicable statewide and metropolitan transportation planning
processes and applicable State air quality implementation plans
at the time Federal funds are sought;
(5) minimize the relative percentage and amount of Federal
contributions under this section to total project costs;
(6) ensure continued, long-term operations and maintenance
without continued reliance on Federal funding under this
subtitle, along with documented evidence of fiscal capacity and
commitment from anticipated public and private sources; and
(7) demonstrate technical capacity for effective operations
and maintenance or commitment to acquiring necessary skills.
(d) Funding Limitations.--
(1) Projects in metropolitan areas.--Funding under this
section for intelligent transportation infrastructure projects
in metropolitan areas shall be limited to activities primarily
necessary to integrate intelligent transportation
infrastructure elements either deployed or to be deployed with
other sources of funds.
(2) Other projects.--For commercial vehicle projects and
projects outside metropolitan areas, funding provided under
this subtitle may also be used for installation of intelligent
transportation infrastructure elements.
(3) Fiscal year limitations.--Of the amounts made available
to carry out this section in a fiscal year--
(A) not more than $15,000,000 may be used for
projects in a metropolitan area;
(B) not more than $2,000,000 may be used for a
project in a rural area;
(C) not more than $5,000,000 may be used for a
commercial vehicle information system and network
project; and
(D) not more than $35,000,000 may be used for
projects in a State.
(4) Priorities.--In providing funding for projects under
this section, the Secretary shall allocate--
(A) not less than 25 percent of the funds made
available to carry out this section to eligible State
and local entities for the implementation of commercial
vehicle information systems and networks, and
international border crossing improvements, in support
of public sector commercial vehicle operations
nationwide; and
(B) not less than 10 percent of such funds for
other intelligent transportation infrastructure
deployment activities outside of metropolitan areas.
SEC. 657. FUNDING ALLOCATIONS.
(a) Intelligent Transportation Infrastructure Deployment Incentives
Program.--
(1) Allocation.--Of the amounts made available for each of
fiscal years 1998 through 2000 by section 127(a)(3)(I) of this
Act, $75,000,000 per fiscal year shall be available to carry
out section 656 of this Act.
(2) Use of unallocated amounts.--In addition to amounts
made available by subsection (b), any amounts made available
under paragraph (1) and not allocated by the Secretary for
carrying out section 656 of this Act may be used by the
Secretary for carrying out other activities authorized under
this subtitle.
(b) ITS Research and Program Support Activities.--Of the amounts
made available for each of fiscal years 1998 through 2000 by section
127(a)(3)(I) of this Act, $100,000,000 per fiscal year shall be
available to carry out multi-year research and technology development
initiatives under this subtitle (other than projects under section 656
of this Act).
(c) Federal Share Payable.--
(1) Intelligent transportation infrastructure deployment
incentives program.--For activities funded with amounts
allocated under subsection (a), the Federal share payable from
such amounts shall not exceed 50 percent of the costs of the
activities, and the total Federal share payable from all
eligible sources (including subsection (a)) shall not exceed 80
percent of the costs of the activities.
(2) Other programs.--For activities funded with amounts
allocated under subsection (b), unless the Secretary determines
otherwise, the Federal share payable on account of such
activities shall not exceed 80 percent of the costs of the
activities.
(3) Long-range activities.--For long-range activities
undertaken in partnership with private entities for the
purposes of section 655(d) of this Act, the Federal share
payable from funds allocated under this subtitle on account of
such activities shall not exceed 50 percent of the costs of the
activities, and the total Federal share payable from all
eligible sources (including subsection (a)) shall not exceed 80
percent of the costs of the activities.
(4) Participation of other public and private sources.--The
Secretary shall seek maximum participation in the funding of
activities under this subtitle from other public and private
sources, and shall minimize the use of funds provided under
this subtitle for the construction or long-term acquisition of
buildings and grounds.
SEC. 658. REPEAL.
Part B of title VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2189-2195) is repealed.
TITLE VII--TRUTH IN BUDGETING
SEC. 701. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT AND AIRWAY
TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR
MAINTENANCE TRUST FUND.
(a) In General.--Notwithstanding any other provision of law except
the Line Item Veto Act of 1996, the receipts and disbursements of the
Highway Trust Fund, the Airport and Airway Trust Fund, the Inland
Waterways Trust Fund, and the Harbor Maintenance Trust Fund--
(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as
submitted by the President,
(B) the congressional budget (including allocations
of budget authority and outlays provided therein), or
(C) the Balanced Budget and Emergency Deficit
Control Act of 1985; and
(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
(b) Limitation on Interest Paid to Trust Funds.--
(1) In general.--Paragraph (3) of section 9602(b) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new sentence: ``The amount of interest credited
to the Airport and Airway Trust Fund, the Highway Trust Fund,
the Harbor Maintenance Trust Fund, or the Inland Waterways
Trust Fund for any fiscal year shall not exceed the amount of
interest which would be credited to such Fund if such interest
were determined at the average interest rate on 52-week
Treasury securities sold to the public during such fiscal
year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to fiscal years beginning after the date of the
enactment of this Act.
SEC. 702. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Chapter 471 of title 49, United States Code, is
amended by inserting after section 47134 the following new section:
``Sec. 47135. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the Treasury, shall
estimate--
``(1) the amount which would (but for this section) be the
unfunded aviation authorizations at the close of the first
fiscal year that begins after that March 31, and
``(2) the net aviation receipts at the close of such fiscal
year.
``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the
Secretary determines for any fiscal year that the amount described in
subsection (a)(1) exceeds the amount described in subsection (a)(2),
the Secretary shall determine the amount of such excess.
``(c) Adjustment of Authorizations If Unfunded Authorizations
Exceed Receipts.--
``(1) Determination of percentage.--If the Secretary
determines that there is an excess referred to in subsection
(b) for a fiscal year, the Secretary shall determine the
percentage which--
``(A) such excess, is of
``(B) the total of the amounts authorized to be
appropriated from the Airport and Airway Trust Fund for
the next fiscal year.
``(2) Adjustment of authorizations.--If the Secretary
determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Airport and Airway Trust
Fund for the next fiscal year shall be reduced by such
percentage.
``(d) Availability of Amounts Previously Withheld.--
``(1) Adjustment of authorizations.--If, after a reduction
has been made under subsection (c)(2), the Secretary determines
that the amount described in subsection (a)(1) does not exceed
the amount described in subsection (a)(2) or that the excess
referred to in subsection (b) is less than the amount
previously determined, each amount authorized to be
appropriated that was reduced under subsection (c)(2) shall be
increased, by an equal percentage, to the extent the Secretary
determines that it may be so increased without causing the
amount described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) (but not by more than the amount
of the reduction).
``(2) Apportionment.--The Secretary shall apportion amounts
made available for apportionment by paragraph (1).
``(3) Period of availability.--Any funds apportioned under
paragraph (2) shall remain available for the period for which
they would be available if such apportionment took effect with
the fiscal year in which they are apportioned under paragraph
(2).
``(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be reported by
the Secretary to Congress.
``(f) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Net aviation receipts.--The term `net aviation
receipts' means, with respect to any period, the excess of--
``(A) the receipts (including interest) of the
Airport and Airway Trust Fund during such period, over
``(B) the amounts to be transferred during such
period from the Airport and Airway Trust Fund under
section 9502(d) of the Internal Revenue Code of 1986
(other than paragraph (1) thereof).
``(2) Unfunded aviation authorizations.--The term `unfunded
aviation authorization' means, at any time, the excess (if any)
of--
``(A) the total amount authorized to be
appropriated from the Airport and Airway Trust Fund
which has not been appropriated, over
``(B) the amount available in the Airport and
Airway Trust Fund at such time to make such
appropriation (after all other unliquidated obligations
at such time which are payable from the Airport and
Airway Trust Fund have been liquidated).''.
(b) Conforming Amendment.--The analysis for chapter 471 of title
49, United States Code, is amended by inserting after the item relating
to section 47134 the following:
``47135. Safeguards against deficit spending.''.
SEC. 703. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND
WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND.
(a) Estimates of Unfunded Inland Waterways Authorizations and Net
Inland Waterways Receipts.--Not later than March 31 of each year, the
Secretary of the Army, in consultation with the Secretary of the
Treasury, shall estimate--
(1) the amount which would (but for this section) be the
unfunded inland waterways authorizations and unfunded harbor
maintenance authorizations at the close of the first fiscal
year that begins after that March 31; and
(2) the net inland waterways receipts and net harbor
maintenance receipts at the close of such fiscal year.
(b) Procedure If Excess Unfunded Inland Waterways Authorizations.--
If the Secretary of the Army determines with respect to the Inland
Waterways Trust Fund or the Harbor Maintenance Trust Fund for any
fiscal year that the amount described in subsection (a)(1) exceeds the
amount described in subsection (a)(2), the Secretary shall determine
the amount of such excess.
(c) Adjustment of Authorizations If Unfunded Authorizations Exceed
Receipts.--
(1) Determination of percentage.--If the Secretary of the
Army determines that there is an excess referred to in
subsection (b) for a fiscal year, the Secretary of the Army
shall determine the percentage which--
(A) such excess, is of
(B) the total of the amounts authorized to be
appropriated from the Inland Waterways Trust Fund or
the Harbor Maintenance Trust Fund, as the case may be,
for the next fiscal year.
(2) Adjustment of authorizations.--If the Secretary of the
Army determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Trust Fund for the next fiscal
year shall be reduced by such percentage.
(d) Availability of Amounts Previously Withheld.--If, after an
adjustment has been made under subsection (c)(2), the Secretary of the
Army determines with respect to the Inland Waterways Trust Fund or the
Harbor Maintenance Trust Fund that the amount described in subsection
(a)(1) does not exceed the amount described in subsection (a)(2) or
that the excess referred to in subsection (b) with respect to the Trust
Fund is less than the amount previously determined, each amount
authorized to be appropriated that was reduced under subsection (c)(2)
with respect to the Trust Fund shall be increased, by an equal
percentage, to the extent the Secretary of the Army determines that it
may be so increased without causing the amount described in subsection
(a)(1) to exceed with respect to the Trust Fund the amount described in
subsection (a)(2) (but not by more than the amount of the reduction).
(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be reported by
the Secretary of the Army to Congress.
(f) Definitions.--For purposes of this title, the following
definitions apply:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
(2) Harbor maintenance trust fund.--The term ``Harbor
Maintenance Trust Fund'' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.
(3) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503 of the
Internal Revenue Code of 1986.
(4) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506 of the Internal Revenue Code of
1986.
(5) Net harbor maintenance receipts.--The term ``net harbor
maintenance receipts'' means, with respect to any period, the
receipts (including interest) of the Harbor Maintenance Trust
Fund during such period.
(6) Net inland waterways receipts.--The term ``net inland
waterways receipts'' means, with respect to any period, the
receipts (including interest) of the Inland Waterways Trust
Fund during such period.
(7) Unfunded inland waterways authorizations.--The term
``unfunded inland waterways authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated
from the Inland Waterways Trust Fund which has not been
appropriated, over
(B) the amount available in the Inland Waterways
Trust Fund at such time to make such appropriations.
(8) Unfunded harbor maintenance authorizations.--The term
``unfunded harbor maintenance authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated
from the Harbor Maintenance Trust Fund which has not
been appropriated, over
(B) the amount available in the Harbor Maintenance
Trust Fund at such time to make such appropriations.
SEC. 704. APPLICABILITY.
This title (including the amendments made by this title) shall
apply to fiscal years beginning after September 30, 1997.