[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1173 Reported in Senate (RS)]





                                                       Calendar No. 188

105th CONGRESS

  1st Session

                                S. 1173

                          [Report No. 105-95]

_______________________________________________________________________

                                 A BILL

  To authorize funds for construction of highways, for highway safety 
    programs, and for mass transit programs, and for other purposes.

_______________________________________________________________________

                            October 1, 1997

                        Reported with amendments





                                                       Calendar No. 188
105th CONGRESS
  1st Session
                                S. 1173

                          [Report No. 105-95]

  To authorize funds for construction of highways, for highway safety 
    programs, and for mass transit programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 1997

Mr. Warner (for himself, Mr. Chafee, Mr. Baucus, Mr. Bond, Mr. Smith of 
 New Hampshire, Mr. Graham, Mr. Reid, Mr. Kempthorne, Mr. Thomas, Mr. 
Allard, Mr. Inhofe, Mr. Dorgan, Mr. Harkin, Mr. Grassley, Mr. Johnson, 
 Mr. Campbell, and Mr. Burns) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

                            October 1, 1997

                Reported by Mr. Chafee, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To authorize funds for construction of highways, for highway safety 
    programs, and for mass 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 ``Intermodal Surface 
Transportation Efficiency Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
                    TITLE I--SURFACE TRANSPORTATION

Sec. 1001. Short title.
                     Subtitle A--General Provisions

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

                     Chapter 1--General Provisions

Sec. 1201. Administrative expenses.
Sec. 1202. Real property acquisition and corridor preservation.
Sec. 1203. Availability of funds.
Sec. 1204. Payments to States for construction.
Sec. 1205. Proceeds from the sale or lease of real property.
Sec. 1206. Metric conversion at State option.
Sec. 1207. Report on obligations.
Sec. 1208. Terminations.
Sec. 1209. Interstate maintenance.
                      Chapter 2--Project Approval

Sec. 1221. Transfer of highway and transit funds.
Sec. 1222. Project approval and oversight.
Sec. 1223. Surface transportation program.
Sec. 1224. Design-build contracting.
Sec. 1225. Integrated decisionmaking process.
                 Chapter 3--Eligibility and Flexibility

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

                     Chapter 1--General Provisions

Sec. 1301. State infrastructure bank program.
    Chapter 2--Transportation Infrastructure Finance and Innovation

Sec. 1311. Short title.
Sec. 1312. Findings.
Sec. 1313. Definitions.
Sec. 1314. Determination of eligibility and project selection.
Sec. 1315. Secured loans.
Sec. 1316. Lines of credit.
Sec. 1317. Project servicing.
Sec. 1318. Office of Infrastructure Finance.
Sec. 1319. State and local permits.
Sec. 1320. Regulations.
Sec. 1321. Funding.
Sec. 1322. Report to Congress.
                           Subtitle D--Safety

Sec. 1401. Operation lifesaver.
Sec. 1402. Railway-highway crossing hazard elimination in high speed 
                            rail corridors.
Sec. 1403. Railway-highway crossings.
Sec. 1404. Hazard elimination program.
Sec. 1405. Minimum penalties for repeat offenders for driving while 
                            intoxicated or driving under the influence.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Automatic crash protection unbelted testing standard.
                        Subtitle E--Environment

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

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

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

                  Subtitle H--Miscellaneous Provisions

Sec. 1801. Designation of portion of State Route 17 in New York and 
                            Pennsylvania as Interstate Route 86.
                   TITLE II--RESEARCH AND TECHNOLOGY

                   Subtitle A--Research and Training

Sec. 2001. Strategic research plan.
Sec. 2002. Multimodal <DELETED>transportation research and development 
                            program</DELETED> Transportation Research 
                            and Development Program.
Sec. 2003. National university transportation centers.
Sec. 2004. Bureau of Transportation Statistics.
Sec. 2005. Research and technology program.
Sec. 2006. Advanced research program.
Sec. 2007. Long-term pavement performance program.
Sec. 2008. State planning and research program.
Sec. 2009. Education and training.
Sec. 2010. International highway transportation outreach program.
Sec. 2011. National technology deployment initiatives and partnerships 
                            program.
Sec. 2012. Infrastructure investment needs report.
Sec. 2013. Innovative bridge research and construction program.
Sec. 2014. Use of Bureau of Indian Affairs administrative funds.
Sec. 2015. Study of future strategic highway research program.
Sec. 2016. Joint partnerships for advanced vehicles, components, and 
                            infrastructure program.
Sec. 2017. Transportation and environment cooperative research program.
Sec. 2018. Conforming amendments.
             Subtitle B--Intelligent Transportation Systems

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Intelligent transportation systems.
Sec. 2104. Conforming amendment.
                          Subtitle C--Funding

Sec. 2201. Funding.

SEC. 2. DEFINITION.

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

                    TITLE I--SURFACE TRANSPORTATION

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Surface Transportation Act of 
1997''.

                     Subtitle A--General Provisions

SEC. 1101. AUTHORIZATIONS.

    For the purpose of carrying out title 23, United States Code, the 
following sums shall be available from the Highway Trust Fund (other 
than the Mass Transit Account):
            (1) Interstate and national highway system program.--For 
        the Interstate and National Highway System program under 
        section 103 of that title $11,979,000,000 for fiscal year 1998, 
        $11,808,000,000 for fiscal year 1999, $11,819,000,000 for 
        fiscal year 2000, $11,916,000,000 for fiscal year 2001, 
        $12,242,000,000 for fiscal year 2002, and $12,776,000,000 for 
        fiscal year 2003, of which--
                    (A) $4,600,000,000 for fiscal year 1998, 
                $4,609,000,000 for fiscal year 1999, $4,637,000,000 for 
                fiscal year 2000, $4,674,000,000 for fiscal year 2001, 
                $4,773,000,000 for fiscal year 2002, and $4,918,000,000 
                for fiscal year 2003 shall be <DELETED>used</DELETED> 
                available for the Interstate maintenance component; and
                    (B) $1,400,000,000 for fiscal year 1998, 
                $1,403,000,000 for fiscal year 1999, $1,411,000,000 for 
                fiscal year 2000, $1,423,000,000 for fiscal year 2001, 
                $1,453,000,000 for fiscal year 2002, and $1,497,000,000 
                for fiscal year 2003 shall be <DELETED>used</DELETED> 
                available for the Interstate bridge component.
            (2) Surface transportation program.--For the surface 
        transportation program under section 133 of that title 
        $7,000,000,000 for fiscal year 1998, $7,014,000,000 for fiscal 
        year 1999, $7,056,000,000 for fiscal year 2000, $7,113,000,000 
        for fiscal year 2001, $7,263,000,000 for fiscal year 2002, and 
        $7,484,000,000 for fiscal year 2003.
            (3) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of that title 
        $1,150,000,000 for fiscal year 1998, $1,152,000,000 for fiscal 
        year 1999, $1,159,000,000 for fiscal year 2000, $1,169,000,000 
        for fiscal year 2001, $1,193,000,000 for fiscal year 2002, and 
        $1,230,000,000 for fiscal year 2003.
            (4) Federal lands highways program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads under section 204 of that title 
                $200,000,000 for each of fiscal years 1998 through 
                2003.
                    (B) Parkways and park roads.--For parkways and park 
                roads under section 204 of that title $90,000,000 for 
                each of fiscal years 1998 through 2003.
                    (C) Public lands highways.--For public lands 
                highways under section 204 of that title $172,000,000 
                for each of fiscal years 1998 through 2003.
                    (D) Cooperative federal lands transportation 
                program.--For the Cooperative Federal Lands 
                Transportation Program under section 207 of that title 
$74,000,000 for each of fiscal years 1998 through 2003.

SEC. 1102. APPORTIONMENTS.

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

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

``105. Minimum guarantee.''.
    (e) Audits of Highway Trust Fund.--Section 104 of title 23, United 
States Code, is amended by striking subsection (i) and inserting the 
following:
    ``(i) Audits of Highway Trust Fund.--From available administrative 
funds deducted under subsection (a), the Secretary may reimburse the 
Office of Inspector General of the Department of Transportation for the 
conduct of annual audits of financial statements in accordance with 
section 3521 of title 31.''.
    (f) Technical Amendments.--Section 104 of title 23, United States 
Code, is amended--
            (1) in subsection (e)--
                    (A) by inserting ``Notification to States.--'' 
                after ``(e)'';
                    (B) in the first sentence--
                            (i) by striking ``(other than under 
                        subsection (b)(5) of this section)''; and
                            (ii) by striking ``and research'';
                    (C) by striking the second sentence; and
                    (D) in the last sentence, by striking ``, except 
                that'' and all that follows through ``such funds''; and
            (2) in subsection (f)--
                    (A) by striking ``(f)(1) On'' and inserting the 
                following:
    ``(f) Metropolitan Planning.--
            ``(1) Set-aside.--On'';
                    (B) by striking ``(2) These'' and inserting the 
                following:
            ``(2) Apportionment to states of set-aside funds.--These'';
                    (C) by striking ``(3) The'' and inserting the 
                following:
            ``(3) Use of funds.--The''; and
                    (D) by striking ``(4) The'' and inserting the 
                following:
            ``(4) Distribution of funds within states.--The''.
    (g) Conforming Amendments.--
            (1) Section 146(a) of title 23, United States Code, is 
        amended in the first sentence by striking ``, 104(b)(2), and 
        104(b)(6)'' and inserting ``and 104(b)(2)''.
            (2)(A) Section 150 of title 23, United States Code, is 
        repealed.
            (B) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 150.
            (3) Section 158 of title 23, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (1);
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively;
                            (iii) in paragraph (1) (as so 
                        redesignated)--
                                    (I) by striking ``After the first 
                                year'' and inserting ``In general''; 
                                and
                                    (II) by striking ``, 104(b)(2), 
                                104(b)(5), and 104(b)(6)'' and 
                                inserting ``and 104(b)(2)''; and
                            (iv) in paragraph (2) (as redesignated by 
                        clause (ii)), by striking ``paragraphs (1) and 
                        (2) of this subsection'' and inserting 
                        ``paragraph (1)''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Effect of Withholding of Funds.--No funds withheld under this 
section from apportionment to any State after September 30, 1988, shall 
be available for apportionment to that State.''.
            (4)(A) Section 157 of title 23, United States Code, is 
        repealed.
            (B) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 157.
            (5)(A) Section 115(b)(1) of title 23, United States Code, 
        is amended by striking ``or 104(b)(5), as the case may be,''.
            (B) Section 137(f)(1) of title 23, United States Code, is 
        amended by striking ``section 104(b)(5)(B) of this title'' and 
        inserting ``section 104(b)(1)(A)''.
            (C) Section 141(c) of title 23, United States Code, is 
        amended by striking ``section 104(b)(5) of this title'' each 
        place it appears and inserting ``section 104(b)(1)(A)''.
            (D) Section 142(c) of title 23, United States Code, is 
        amended by striking ``(other than section 104(b)(5)(A))''.
            (E) Section 159 of title 23, United States Code, is 
        amended--
                    (i) by striking ``(5) of'' each place it appears 
                and inserting ``(5) (as in effect on the day before the 
                date of enactment of the Intermodal Surface 
                Transportation Efficiency Act of 1997) of''; and
                    (ii) in subsection (b)--
                            (I) in paragraphs (1)(A)(i) and (3)(A), by 
                        striking ``section 104(b)(5)(A)'' each place it 
                        appears and inserting ``section 104(b)(5)(A) 
                        (as in effect on the day before the date of 
                        enactment of the Intermodal Surface 
                        Transportation Efficiency Act of 1997)'';
                            (II) in paragraph (1)(A)(ii), by striking 
                        ``section 104(b)(5)(B)'' and inserting 
                        ``section 104(b)(5)(B) (as in effect on the day 
                        before the date of enactment of the Intermodal 
                        Surface Transportation Efficiency Act of 
                        1997)'';
                            (III) in paragraph (3)(B), by striking 
                        ``(5)(B)'' and inserting ``(5)(B) (as in effect 
                        on the day before the date of enactment of the 
                        Intermodal Surface Transportation Efficiency 
                        Act of 1997)''; and
                            (IV) in paragraphs (3)<DELETED>(B)</DELETED> 
                        and (4), by striking ``section 104(b)(5)'' each 
                        place it appears and inserting ``section 
                        104(b)(5) (as in effect on the day before the 
                        date of enactment of the Intermodal Surface 
                        Transportation Efficiency Act of 1997)''.
            (F) Section 161(a) of title 23, United States Code, is 
        amended by striking ``paragraphs (1), (3), and (5)(B) of 
        section 104(b)'' each place it appears and inserting 
        ``paragraphs (1) and (3) of section 104(b)''.
            (6)(A) Section 104(g) of title 23, United States Code, is 
        amended--
                    (i) in the first sentence, by striking ``sections 
                130, 144, and 152 of this title'' and inserting 
                ``subsection (b)(1)(B) and sections 130 and 152'';
                    (ii) in the first and second sentences--
                            (I) by striking ``section'' and inserting 
                        ``provision''; and
                            (II) by striking ``such sections'' and 
                        inserting ``those provisions''; and
                    (iii) in the third sentence--
                            (I) by striking ``section 144'' and 
                        inserting ``subsection (b)(1)(B)''; and
                            (II) by striking ``subsection (b)(1)'' and 
                        inserting ``subsection (b)(1)(C)''.
            (B) Section 115 of title 23, United States Code, is 
        amended--
                    (i) in subsection (a)(1)(A)(i), by striking 
                ``104(b)(2), 104(b)(3), 104(f), 144,'' and inserting 
                ``104(b)(1)(B), 104(b)(2), 104(b)(3), 104(f),''; and
                    (ii) in subsection (c), by striking ``144,,''.
            (C) Section 120(e) of title 23, United States Code, is 
        amended in the last sentence by striking ``and in section 144 
        of this title''.
            (D) Section 151(d) of title 23, United States Code, is 
        amended by striking ``section 104(a), section 307(a), and 
        section 144 of this title'' and inserting ``subsections (a) and 
        (b)(1)(B) of section 104 and section 307(a)''.
            (E) Section 204(c) of title 23, United States Code, is 
        amended in the first sentence by striking ``or section 144 of 
        this title''.
            (F) Section 303(g) of title 23, United States Code, is 
        amended by striking ``section 144 of this title'' and inserting 
        ``section 104(b)(1)(B)''.

SEC. 1103. OBLIGATION CEILING.

    (a) General Limitations.--Subject to the other provisions of this 
section and notwithstanding any other provision of law, the total 
amount of all obligations for Federal-aid highways and highway safety 
construction programs shall not exceed--
            (1) $21,800,000,000 for fiscal year 1998;
            (2) $22,768,000,000 for fiscal year 1999;
            (3) $22,901,000,000 for fiscal year 2000;
            (4) $23,070,000,000 for fiscal year 2001;
            (5) $23,511,000,000 for fiscal year 2002; and
            (6) $24,259,000,000 for fiscal year 2003.
    (b) Exceptions.--
            (1) In general.--The limitations under subsection (a) shall 
        not apply to obligations of funds under--
                <DELETED>    (A) section 125 of title 23, United States 
                Code;</DELETED>
                <DELETED>    (B) section 105(a) of that title, 
                excluding amounts allocated under section 105(a)(1)(B) 
                of that title;</DELETED>
                    (A) section 105(a) of title 23, United States Code, 
                excluding amounts allocated under section 105(a)(1)(B) 
                of that title;
                    (B) section 125 of that title;
                    (C) section 157 of that title (as in effect on the 
                day before the date of enactment of this Act);
                    (D) section 147 of the Surface Transportation 
                Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
                2714);
                    (E) section 9 of the Federal-Aid Highway Act of 
                1981 (95 Stat. 1701);
                    (F) subsections (b) and (j) of section 131 of the 
                Surface Transportation Assistance Act of 1982 (96 Stat. 
                2119);
                    (G) subsections (b) and (c) of section 149 of the 
                Surface Transportation and Uniform Relocation 
                Assistance Act of 1987 (101 Stat. 198); and
                    (H) sections 1103 through 1108 of the Intermodal 
                Surface Transportation Efficiency Act of 1991 (105 
                Stat. 2027).
            (2) Effect of other law.--A provision of law establishing a 
        limitation on obligations for Federal-aid highways and highway 
        safety construction programs may not amend or limit the 
        applicability of this subsection, unless the provision 
        specifically amends or limits that applicability.
    (c) Applicability to Transportation Research Programs.--Obligation 
limitations for Federal-aid highways and highway safety construction 
programs established by subsection (a) shall apply to transportation 
research programs carried out under chapter 5 of title 23, United 
States Code.
    (d) Obligation Authority.--Section 118 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(g) Obligation Authority.--
            ``(1) Distribution.--For each fiscal year, the Secretary 
        shall--
                    ``(A) distribute the total amount of obligation 
                authority for Federal-aid highways and highway safety 
                construction programs made available for the fiscal 
                year by allocation in the ratio that--
                            ``(i) the total of the sums made available 
                        for Federal-aid highways and highway safety 
                        construction programs that are apportioned or 
                        allocated to each State for the fiscal year; 
                        bears to
                            ``(ii) the total of the sums made available 
                        for Federal-aid highways and highway safety 
                        construction programs that are apportioned or 
                        allocated to all States for the fiscal year;
                    ``(B) provide all States with authority sufficient 
                to prevent lapses of sums authorized to be appropriated 
                for Federal-aid highways that have been apportioned to 
                a State; and
                    ``(C) not distribute--
                            ``(i) amounts deducted under section 104(a) 
                        for administrative expenses;
                            ``(ii) amounts <DELETED>made available for 
                        the Federal lands highways program under 
                        section 204;</DELETED> set aside under section 
                        104(k) for Interstate 4R and bridge projects;
                            ``(iii) amounts made available under 
                        sections 143, 164, 165, 204, 206, 207, and 322;
                            ``(iv) amounts made available under section 
                        111 of title 49;
                            ``(v) amounts made available under section 
                        201 of the Appalachian Regional Development Act 
                        of 1965 (40 U.S.C. App.);
                            ``(vi) amounts made available under section 
                        1012(b) of the Intermodal Surface 
                        Transportation Efficiency Act of 1991 (23 
                        U.S.C. 149 note; 105 Stat. 1938);
                            ``(vii) amounts made available under 
                        chapter 2 of subtitle C of title I, and 
                        sections 1503, 1603, and 1604, of the 
                        Intermodal Surface Transportation Efficiency 
                        Act of 1997;
                            <DELETED>``(iii)</DELETED> ``(viii) amounts 
                        made available under section 149(d) of the 
                        Surface Transportation and Uniform Relocation 
                        Assistance Act of 1987 (101 Stat. 201); and
                            <DELETED>``(iv)</DELETED> ``(ix) amounts 
                        made available for implementation of programs 
                        under chapter 5 of this title and sections 
5222, 5232, and 5241 of title 49.
            ``(2) Redistribution.--Notwithstanding paragraph (1), the 
        Secretary shall, after August 1 of each of fiscal years 1998 
        through 2003--
                    ``(A) revise a distribution of the funds made 
                available under paragraph (1) for the fiscal year if a 
                State will not obligate the amount distributed during 
                the fiscal year; and
                    ``(B) redistribute sufficient amounts to those 
                States able to obligate amounts in addition to the 
                amounts previously distributed during the fiscal year, 
                giving priority to those States that have large 
                unobligated balances of funds apportioned under section 
                104 and under section 144 (as in effect on the day 
                before the date of enactment of this 
                <DELETED>subsection</DELETED> subparagraph).''.
    (e) Applicability of Obligation Limitations.--An obligation 
limitation established by a provision of any other Act shall not apply 
to obligations under a program funded under this Act or title 23, 
United States Code, unless--
            (1) the provision specifically amends or limits the 
        applicability of this subsection; or
            (2) an obligation limitation is specified in this Act with 
        respect to the program.

SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION PROGRAM.

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

SEC. 1105. EMERGENCY RELIEF.

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

SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

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

SEC. 1107. RECREATIONAL TRAILS PROGRAM.

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

``206. Recreational trails program.''.

SEC. 1108. VALUE PRICING PILOT PROGRAM.

    (a) In General.--Section 1012(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 
1938) is amended--
            (1) in the subsection heading, by striking ``Congestion'' 
        and inserting ``Value''; and
            (2) in paragraph (1), by striking ``congestion'' each place 
        it appears and inserting ``value''.
    (b) Increased Number of Projects.--Section 1012(b)(1) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 
note; 105 Stat. 1938) is amended in the second sentence by striking 
``5'' and inserting ``15''.
    (c) Eligibility of Preimplementation Costs.-- Section 1012(b)(2) of 
the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 
149 note; 105 Stat. 1938) is amended in the second sentence--
            (1) by inserting after ``Secretary shall fund'' the 
        following: ``all preimplementation costs and project design, 
        and''; and
            (2) by inserting after ``Secretary may not fund'' the 
        following: ``the implementation costs of''.
    (d) Tolling.--Section 1012(b)(4) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 
1938) is amended by striking ``a pilot program under this section, but 
not on more than 3 of such programs'' and inserting ``any value pricing 
pilot program under this subsection''.
    (e) HOV Passenger Requirements.--Section 1012(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 
Stat. 1938) is amended by striking paragraph (6) and inserting the 
following:
            ``(6) HOV passenger requirements.--Notwithstanding section 
        <DELETED>102</DELETED> 146(c) of title 23, United States Code, 
        a State may permit vehicles with fewer than 2 occupants to 
        operate in high occupancy vehicle lanes if the vehicles are 
        part of a value pricing pilot program under this subsection.''.
    (f) Funding.--Section 1012(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 
1938) is amended by adding at the end the following:
            ``(7) Authorization of contract authority.--
                    ``(A) In general.--There shall be available from 
                the Highway Trust Fund (other than the Mass Transit 
                Account) to carry out this subsection $8,000,000 for 
                each of fiscal years 1998 through 2003.
                    ``(B) Availability.--
                            ``(i) In general.--Funds allocated by the 
                        Secretary to a State under this subsection 
                        shall remain available for obligation by the 
                        State for a period of 3 years after the last 
                        day of the fiscal year for which the funds are 
                        authorized.
                            ``(ii) Use of unallocated funds.--If the 
                        total amount of funds made available from the 
                        Highway Trust Fund under this subsection but 
                        not allocated exceeds $8,000,000 as of 
                        September 30 of any year, the excess amount--
                                    ``(I) shall be apportioned in the 
                                following fiscal year by the Secretary 
                                to all States in accordance with 
                                section 104(b)(3) of title 23, United 
                                States Code;
                                    ``(II) shall be considered to be a 
                                sum made available for expenditure on 
                                the surface transportation program, 
                                except that the amount shall not be 
                                subject to section 133(d) of that 
                                title; and
                                    ``(III) shall be available for any 
                                purpose eligible for funding under 
                                section 133 of that title.
                    ``(C) Contract authority.--Funds authorized under 
                this paragraph shall be available for obligation in the 
                same manner as if the funds were apportioned under 
                chapter 1 of title 23, United States Code, except that 
                the Federal share of the cost of any project under this 
subsection and the availability of funds authorized by this paragraph 
shall be determined in accordance with this subsection.''.
    (g) Conforming Amendments.--Section 1012(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 
Stat. 1938) is amended--
            (1) in paragraph (1), by striking ``projects'' each place 
        it appears and inserting ``programs''; and
            (2) in paragraph (5)--
                    (A) by striking ``projects'' and inserting 
                ``programs''; and
                    (B) by striking ``traffic, volume'' and inserting 
                ``traffic volume''.

SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

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

``143. Highway use tax evasion projects.''.
            (2) Section 1040 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is 
        repealed.
            (3) Section 8002 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 
        220<DELETED>4</DELETED>3) is amended--
                    (A) in the first sentence of subsection (g), by 
                striking ``section 1040 of this Act'' and inserting 
                ``section 143 of title 23, United States Code,''; and
                    (B) by striking subsection (h).

SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

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

SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

    (a) General Rule.--Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts made 
available for any program under titles I and II of this Act shall be 
expended with small business concerns owned and controlled by socially 
and economically disadvantaged individuals.
    (b) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Small business concern.--The term ``small business 
        concern'' has the meaning such term has under section 3 of the 
        Small Business Act (15 U.S.C. 632); except that such term shall 
        not include any concern or group of concerns controlled by the 
        same socially and economically disadvantaged individual or 
        individuals which has average annual gross receipts over the 
        preceding 3 fiscal years in excess of $16,600,000, as adjusted 
by the Secretary for inflation.
            (2) Socially and economically disadvantaged individuals.--
        The term ``socially and economically disadvantaged 
        individuals'' has the meaning such term has under section 8(d) 
        of the Small Business Act (15 U.S.C. 637(d)) and relevant 
        subcontracting regulations promulgated pursuant thereto; except 
        that women shall be presumed to be socially and economically 
        disadvantaged individuals for purposes of this section.
    (c) Annual Listing of Disadvantaged Business Enterprises.--Each 
State shall annually survey and compile a list of the small business 
concerns referred to in <DELETED>paragraph (1)</DELETED> subsection (a) 
and the location of such concerns in the State and notify the 
Secretary, in writing, of the percentage of such concerns which are 
controlled by women, by socially and economically disadvantaged 
individuals (other than women), and by individuals who are women and 
are otherwise socially and economically disadvantaged individuals.
    (d) Uniform Certification.--The Secretary shall establish minimum 
uniform criteria for State governments to use in certifying whether a 
concern qualifies for purposes of this section. Such minimum uniform 
criteria shall include but not be limited to on-site visits, personal 
interviews, licenses, analysis of stock ownership, listing of 
equipment, analysis of bonding capacity, listing of work completed, 
resume of principal owners, financial capacity, and type of work 
preferred.

SEC. 1112. FEDERAL SHARE PAYABLE.

    Section 120 of title 23, United States Code (as amended by section 
1106(a)), is amended--
            (1) in each of subsections (a) and (b), by adding at the 
        end the following: ``In the case of any project subject to this 
        subsection, a State may determine a lower Federal share than 
        the Federal share determined under the preceding sentences of 
        this subsection.''; and
            (2) by adding at the end the following:
    ``(l) Credit for Non-Federal Share.--
            ``(1) Eligibility.--A State may use as a credit toward the 
        non-Federal share requirement for any program under the 
        Intermodal Surface Transportation Efficiency Act of 1991 
        (Public Law 102-240) or this title, other than the emergency 
        relief program authorized by section 125, toll revenues that 
        are generated and used by public, quasi-public, and private 
        agencies to build, improve, or maintain, without the use of 
        Federal funds, highways, bridges, or tunnels that serve the 
        public purpose of interstate commerce.
            ``(2) Maintenance of effort.--
                    ``(A) In general.--The credit toward any non-
                Federal share under paragraph (1) shall not reduce nor 
                replace State funds required to match Federal funds for 
                any program under this title.
                    ``(B) Conditions on receipt of credit.--
                            ``(i) Agreement with the secretary.--To 
                        receive a credit under paragraph (1) for a 
                        fiscal year, a State shall enter into such 
                        agreements as the Secretary may require to 
                        ensure that the State will maintain its non-
                        Federal transportation capital expenditures at 
                        or above the average level of such expenditures 
                        for the preceding 3 fiscal years.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), a State may receive a credit under 
                        paragraph (1) for a fiscal year if, for any 1 
                        of the preceding 3 fiscal years, the non-
                        Federal transportation capital expenditures of 
                        the State were at a level that was greater than 
                        <DELETED>25</DELETED> 30 percent of the average 
                        level of such expenditures for the other 2 of 
                        the preceding 3 fiscal years.
            ``(3) Treatment.--
                    ``(A) In general.--Use of the credit toward a non-
                Federal share under paragraph (1) shall not expose the 
                agencies from which the credit is received to 
                additional liability, additional regulation, or 
                additional administrative oversight.
                    ``(B) Chartered multistate agencies.--When credit 
                is applied from a chartered multistate agency under 
                paragraph (1), the credit shall be applied equally to 
                all charter States.
                    ``(C) No additional standards.--<DELETED>The</DELETED> 
                A public, quasi-public, <DELETED>and</DELETED> or 
                private <DELETED>agencies</DELETED> agency from which 
                the credit for which the non-Federal share is 
                calculated under paragraph (1) shall not be subject to 
                any additional Federal design standards or laws 
                (including regulations) as a result of providing the 
                credit beyond the standards and laws to which the 
                agency is already subject.''.

SEC. 1113. STUDIES AND REPORTS.

    (a) Highway Economic Requirement System.--
            (1) Methodology.--
                    (A) Evaluation.--The Comptroller General of the 
                United States shall conduct an evaluation of the 
                methodology used by the Department of Transportation to 
                determine highway needs using the highway economic 
                requirement system (referred to in this subsection as 
                the ``model'').
                    (B) Required element.--The evaluation shall include 
                an assessment of the extent to which the model 
                estimates an optimal level of highway infrastructure 
                investment, including an assessment as to when the 
                model may be overestimating or underestimating 
                investment requirements.
                    (C) Report to congress.--Not later than 2 years 
                after the date of enactment of this Act, the 
                Comptroller General shall submit a report to Congress 
                on the results of the evaluation.
            (2) State investment plans.--
                    (A) Study.--In consultation with State 
                transportation departments and other appropriate State 
                and local officials, the Comptroller General of the 
                United States shall conduct a study on the extent to 
                which the highway economic requirement system of the 
                Federal Highway Administration can be used to provide 
                States with useful information for developing State 
                transportation investment plans and State 
                infrastructure investment projections.
                    (B) Required elements.--The study shall--
                            (i) identify any additional data that may 
                        need to be collected beyond the data submitted, 
                        prior to the date of enactment of this Act, to 
                        the Federal Highway Administration through the 
                        highway performance monitoring system; and
                            (ii) identify what additional work, if any, 
                        would be required of the Federal Highway 
                        Administration and the States to make the model 
                        useful at the State level.
                    (C) Report to congress.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Comptroller General shall submit a report to Congress 
                on the results of the study.
    (b) International Roughness Index.--
            (1) Study.--The Comptroller General of the United States 
        shall <DELETED>submit a report to Congress on</DELETED> conduct 
        a study on the international roughness index that is used as an 
        indicator of pavement quality on the Federal-aid highway 
        system.
            (2) Required elements.--The study shall specify the extent 
        of usage of the index and the extent to which the international 
        roughness index measurement is reliable across different 
        manufacturers and types of pavement.
            (3) Report to congress.--Not later than 2 years after the 
        date of enactment of this Act, the Comptroller General shall 
        submit a report to Congress on the results of the study.
    (c) Reporting of Rates of Obligation.--Section 104 of title 23, 
United States Code, is amended--
            (1) by redesignating subsection (j) as subsection (m); and
            (2) by inserting after subsection (i) the following:
    ``(j) Reporting of Rates of Obligation.--On an annual basis, the 
Secretary shall publish or otherwise report rates of obligation of 
funds apportioned or set aside under this section and sections 103 and 
133 according to--
            ``(1) program;
            ``(2) funding category or subcategory;
            ``(3) type of improvement;
            ``(4) State; and
            ``(5) sub-State geographic area, including urbanized and 
        rural areas, on the basis of the population of each such 
        area.''.

SEC. 1114. DEFINITIONS.

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

SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code (as 
amended by section 1107(a)), is amended by inserting after section 206 
the following:
``Sec. 207. Cooperative Federal Lands Transportation Program
    ``(a) In General.--There is established the Cooperative Federal 
Lands Transportation Program (referred to in this section as the 
`program'). Funds available for the program may be used for projects, 
or portions of projects, on highways that are owned or maintained by 
States or political subdivisions of States and that cross, are adjacent 
to, or lead to federally owned land or Indian reservations (including 
Army Corps of Engineers reservoirs), as determined by the State. Such 
projects shall be proposed by a State and selected by the Secretary. A 
project proposed by a State under this section shall be on a highway or 
bridge owned or maintained by the State, or 1 or more political 
subdivisions of the State, and may be a highway or bridge construction 
or maintenance project eligible under this title or any project of a 
type described in section 204(h).
    ``(b) Distribution of Funds for Projects.--
            ``(1) In general.--
                    ``(A) In general.--The Secretary--
                            ``(i) after consultation with the 
                        Administrator of General Services, the 
                        Secretary of the Interior, and other agencies 
                        as appropriate (including the Army Corps of 
                        Engineers), shall determine the percentage of 
                        the total land in each State that is owned by 
                        the Federal Government or that is held by the 
                        Federal Government in trust;
                            ``(ii) shall determine the sum of the 
                        percentages determined under clause (i) for 
                        States with respect to which the percentage is 
                        4.5 or greater; and
                            ``(iii) shall determine for each State 
                        included in the determination under clause (ii) 
                        the percentage obtained by dividing--
                                    ``(I) the percentage for the State 
                                determined under clause (i); by
                                    ``(II) the sum determined under 
                                clause (ii).
                    ``(B) Adjustment.--The Secretary shall--
                            ``(i) reduce any percentage determined 
                        under subparagraph (A)(iii) that is greater 
                        than 7.5 percent to 7.5 percent; and
                            ``(ii) redistribute the percentage points 
                        equal to any reduction under clause (i) among 
                        other States included in the determination 
                        under subparagraph (A)(ii) in proportion to the 
                        percentages for those States determined under 
                        subparagraph (A)(iii).
            ``(2) Availability to states.--Except as provided in 
        paragraph (3), for each fiscal year, the Secretary shall make 
        funds available to carry out eligible projects in a State in an 
        amount equal to the amount obtained by multiplying--
                    ``(A) the percentage for the State, if any, 
                determined under paragraph (1); by
                    ``(B) the funds made available for the program for 
                the fiscal year.
            ``(3) Selection of projects.--The Secretary may establish 
        deadlines for States to submit proposed projects for funding 
        under this section, except that in the case of fiscal year 1998 
        the deadline may not be earlier than January 1, 1998. For each 
        fiscal year, if a State does not have pending, by that 
        deadline, applications for projects with an estimated cost 
        equal to at least 3 times the amount for the State determined 
        under paragraph (2), the Secretary may distribute, to 1 or more 
        other States, at the Secretary's discretion, \1/3\ of the 
        amount by which the estimated cost of the State's applications 
        is less than 3 times the amount for the State determined under 
        paragraph (2).
    ``(c) Transfers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a State and the Secretary may agree to transfer amounts 
        made available to a State under this section to the allocations 
of the State under section 202 for use in carrying out projects on any 
Federal lands highway that is located in the State.
            ``(2) Special rule.--This paragraph applies to a State that 
        contains a national park that was visited by more than 
        2,500,000 people in 1996 and comprises more than 3,000 square 
        miles of land area, including surface water, that is located in 
        the State. For such a State, 50 percent of the amount that 
        would otherwise be made available to the State for each fiscal 
        year under the program shall be made available only for 
        eligible highway uses in the national park and within the 
        borders of the State. For the purpose of making allocations 
        under section 202(c), the Secretary may not take into account 
        the past or future availability, for use on park roads and 
        parkways in a national park, of funds made available for use in 
        a national park by this paragraph.
    ``(d) Rights-of-Way Across Federal Land.--Nothing in this section 
affects any claim for a right-of-way across Federal land.
    ``(e) Authorization of Contract Authority.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $74,000,000 for each of fiscal years 
        1998 through 2003.
            ``(2) Contract authority.--Funds authorized under this 
        subsection shall be <DELETED>made</DELETED> available for 
        obligation in the same manner as if the funds were apportioned 
        under chapter 1.''.
    (b) Conforming Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by striking the item relating to section 
207 and inserting the following:

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

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

    (a) Definitions.--In this section:
            (1) Border region.--The term ``border region'' means--
                    (A) the region located within 60 miles of the 
                United States border with Mexico; and
                    (B) the region located within 60 miles of the 
                United States border with Canada.
            (2) Border state.--The term ``border State'' means a State 
        of the United States that--
                    (A) is located along the border with Mexico; or
                    (B) is located along the border with Canada.
            (3) Border station.--The term ``border station'' means a 
        controlled port of entry into the United States located in the 
        United States at the border with Mexico or Canada, consisting 
        of land occupied by the station and the buildings, roadways, 
        and parking lots on the land.
            (4) Federal inspection agency.--The term ``Federal 
        inspection agency'' means a Federal agency responsible for the 
        enforcement of immigration laws (including regulations), 
        customs laws (including regulations), and agriculture import 
        restrictions, including the United States Customs Service, the 
        Immigration and Naturalization Service, the Animal and Plant 
        Health Inspection Service, the Food and Drug Administration, 
        the United States Fish and Wildlife Service, and the Department 
        of State.
            (5) Gateway.--The term ``gateway'' means a grouping of 
        border stations defined by proximity and similarity of trade.
            (6) Non-federal governmental jurisdiction.--The term ``non-
        Federal governmental jurisdiction'' means a regional, State, or 
        local authority involved in the planning, development, 
        provision, or funding of transportation infrastructure needs.
    (b) Border Crossing Planning Incentive Grants.--
            (1) In general.--The Secretary shall make incentive grants 
        to States and to metropolitan planning organizations designated 
        under section 134 of title 23, United States Code.
            (2) Use of grants.--The grants shall be used to encourage 
        joint transportation planning activities and to improve people 
        and vehicle movement into and through international gateways as 
        a supplement to statewide and metropolitan transportation 
        planning funding made available under other provisions of this 
        Act and under title 23, United States Code.
            (3) Condition of grants.--As a condition of receiving a 
        grant under paragraph (1), a State transportation department or 
        a metropolitan planning organization shall certify to the 
        Secretary that it commits to be engaged in joint planning with 
        its counterpart agency in Mexico or Canada.
            (4) Limitation on amount.--Each State transportation 
        department or metropolitan planning organization may receive 
        not more than $100,000 under this subsection for any fiscal 
        year.
            (5) Authorization of contract authority.--
                    (A) In general.--There shall be available from the 
                Highway Trust Fund (other than the Mass Transit 
                Account) to carry out this subsection $1,400,000 for 
                each of fiscal years 1998 through 2003.
                    (B) Contract authority.--Funds authorized under 
                this subsection shall be available for obligation in 
                the same manner as if the funds were apportioned under 
                chapter 1 of title 23, United States Code, except that 
                the Federal share of the cost of a project under this 
                subsection shall be determined in accordance with 
                subsection (f).
    (c) Trade Corridor Planning Incentive Grants.--
            (1) Grants.--
                    (A) In general.--The Secretary shall make grants to 
                States to encourage, within the framework of the 
                statewide transportation planning process of the State 
                under section 135 of title 23, United States Code, 
                cooperative multistate corridor analysis of, and 
                planning for, the safe and efficient movement of goods 
                along and within international or interstate trade 
                corridors of national importance.
                    (B) Identification of corridors.--Each corridor 
                referred to in subparagraph (A) shall be cooperatively 
                identified by the States along the corridor.
            (2) Corridor plans.--
                    (A) In general.--As a condition of receiving a 
                grant under paragraph (1), a State shall enter into an 
                agreement with the Secretary that specifies that, in 
                cooperation with the other States along the corridor, 
                the State will submit a plan for corridor improvements 
                to the Secretary not later than 2 years after receipt 
                of the grant.
                    (B) Coordination of planning.--Planning with 
                respect to a corridor under this subsection shall be 
                coordinated with transportation planning being carried 
                out by the States and metropolitan planning 
                organizations along the corridor and, to the extent 
                appropriate, with transportation planning being carried 
                out by Federal land management agencies, by tribal 
                governments, or by government agencies in Mexico or 
                Canada.
            (3) Multistate agreements for trade corridor planning.--The 
        consent of Congress is granted to any 2 or more States--
                    (A) to enter into multistate agreements, not in 
                conflict with any law of the United States, for 
                cooperative efforts and mutual assistance in support of 
                interstate trade corridor planning activities; and
                    (B) to establish such agencies, joint or otherwise, 
                as the States may determine desirable to make the 
                agreements effective.
            (4) Authorization of contract authority.--
                    (A) In general.--There shall be available from the 
                Highway Trust Fund (other than the Mass Transit 
                Account) to carry out this subsection $3,000,000 for 
                each of fiscal years 1998 through 2003.
                    (B) Contract authority.--Funds authorized under 
                this subsection shall be available for obligation in 
                the same manner as if the funds were apportioned under 
                chapter 1 of title 23, United States Code, except that 
                the Federal share of the cost of a project under this 
                subsection shall be determined in accordance with 
                subsection (f).
    (d) Federal Assistance for Trade Corridors and Border 
Infrastructure Safety and Congestion Relief.--
            (1) Applications for grants.--The Secretary shall make 
        grants to States or metropolitan planning organizations that 
        submit an application that--
                    (A) demonstrates need for assistance in carrying 
                out transportation projects that are necessary to 
                relieve traffic congestion or improve enforcement of 
                motor carrier safety laws; and
                    (B) includes strategies to involve both the public 
                and private sectors in the proposed project.
            (2) Selection of states, metropolitan planning 
        organizations, and projects to receive grants.--In selecting 
        States, metropolitan planning organizations, and projects to 
        receive grants under this subsection, the Secretary shall 
        consider--
                    (A) the annual volume of commercial vehicle traffic 
                at the border stations or ports of entry of each State 
as compared to the annual volume of commercial vehicle traffic at the 
border stations or ports of entry of all States;
                    (B) the extent to which commercial vehicle traffic 
                in each State has grown since the date of enactment of 
                the North American Free Trade Agreement Implementation 
                Act (Public Law 103-182) as compared to the extent to 
                which that traffic has grown in each other State;
                    (C) the extent of border transportation 
                improvements carried out by each State since the date 
                of enactment of that Act;
                    (D) the reduction in commercial and other travel 
                time through a major international gateway expected as 
                a result of the project;
                    (E) the extent of leveraging of Federal funds 
                provided under this subsection, including--
                            (i) use of innovative financing;
                            (ii) combination with funding provided 
                        under other sections of this Act and title 23, 
                        United States Code; and
                            (iii) combination with other sources of 
                        Federal, State, local, or private funding;
                    (F) improvements in vehicle and highway safety and 
                cargo security in and through the gateway concerned;
                    (G) the degree of demonstrated coordination with 
                Federal inspection agencies; <DELETED>and
                </DELETED>    (H) the extent to which the innovative 
                and problem solving techniques of the proposed project 
                would be applicable to other border stations or ports 
                of entry;
                    (I) demonstrated local commitment to implement and 
                sustain continuing comprehensive border planning 
                processes and improvement programs; and
                    (J) other factors to promote transport efficiency 
                and safety, as determined by the Secretary.
            (3) Use of grants.--
                    (A) In general.--A grant under this subsection 
                shall be used to develop project plans, and implement 
                coordinated and comprehensive programs of projects, to 
                improve efficiency and safety.
                    (B) Type of plans and programs.--The plans and 
                programs may include--
                            (i) improvements to transport and 
                        supporting infrastructure;
                            (ii) improvements in operational 
                        strategies, including electronic data 
                        interchange and use of telecommunications to 
                        expedite vehicle and cargo movement;
                            (iii) modifications to regulatory 
                        procedures to expedite vehicle and cargo flow;
                            (iv) new infrastructure construction;
                            (v) purchase, installation, and maintenance 
                        of weigh-in-motion devices and associated 
                        electronic equipment in Mexico or Canada if 
                        real time data from the devices is provided to 
                        the nearest border station and to State 
                        commercial vehicle enforcement facilities that 
                        serve the border station; and
                            (vi) other institutional improvements, such 
                        as coordination of binational planning, 
                        programming, and border operation, with special 
                        emphasis on coordination with--
                                    (I) Federal inspection agencies; 
                                and
                                    (II) their counterpart agencies in 
                                Mexico and Canada.
            (4) Construction of transportation infrastructure for law 
        enforcement purposes.--At the request of the Administrator of 
        General Services, in consultation with the Attorney General, 
        the Secretary may transfer, during the period of fiscal years 
        1998 through 2001, not more than $10,000,000 of the amounts 
        made available under paragraph (5) to the Administrator of 
        General Services for the construction of transportation 
        infrastructure necessary for law enforcement in border States.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $125,000,000 
        for each of fiscal years 1998 through 2003.
    (e) Coordination of Planning.--
            (1) Planning and development of border stations.--The 
        General Services Administration shall be the coordinating 
        Federal agency in the planning and development of new or 
        expanded border stations.
            (2) Cooperative activities.--In carrying out paragraph (1), 
        the Administrator of General Services shall cooperate with 
        Federal inspection agencies and non-Federal governmental 
        jurisdictions to ensure that--
                    (A) improvements to border station facilities take 
                into account regional and local conditions, including 
                the alignment of highway systems and connecting 
                roadways; and
                    (B) all facility requirements, associated costs, 
                and economic impacts are identified.
    (f) Cost Sharing.--A grant under this section shall be used to pay 
the Federal share of the cost of a project. The Federal share shall not 
exceed 80 percent.
    (g) Use of Unallocated Funds.--If the total amount of funds made 
available from the Highway Trust Fund under this section but not 
allocated exceeds $4,000,000 as of September 30 of any year, the excess 
amount--
            (1) shall be apportioned in the following fiscal year by 
        the Secretary to all States in accordance with section 
        104(b)(3) of title 23, United States Code;
            (2) shall be considered to be a sum made available for 
        expenditure on the surface transportation program, except that 
        the amount shall not be subject to section 133(d) of that 
        title; and
            (3) shall be available for any purpose eligible for funding 
        under section 133 of that title.

SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    (a) Availability, Release, and Reallocation of Funds.--Section 
201(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. 
App.) is amended--
            (1) in the second sentence, by inserting before the period 
        at the end the following: ``, except that each allocation to a 
        State shall remain available for expenditure in the State for 
        the fiscal year in which the allocation is allocated and for 
        the 3 following fiscal years''; and
            (2) by inserting after the second sentence the following: 
        ``Funds authorized under this section for fiscal year 1998 or a 
        fiscal year thereafter, and not expended by a State during the 
        4 fiscal years referred to in the preceding sentence, shall be 
        released to the Commission for reallocation and shall remain 
        available until expended.''.
    (b) Substitute Corridor.--Section 201(b) of the Appalachian 
Regional Development Act of 1965 (40 U.S.C. App.) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (2) by striking ``(b) The Commission'' and inserting the 
        following:
    ``(b) Designations.--
            ``(1) In general.--The Commission''; and
            (3) by adding at the end the following:
            ``(2) Substitute corridor.--In lieu of Corridor H in 
        Virginia, the Appalachian development highway system shall 
        include the Virginia portion of the segment identified in 
        section <DELETED>332(a)(29)</DELETED> 1105(c)(29) of the 
        <DELETED>National Highway System Designation Act of 1995 
        (Public Law 104-59;</DELETED> Intermodal Surface Transportation 
        Efficiency Act of 1991 (109 Stat. 597).''.
    (c) Federal Share for Prefinanced Projects.--Section 201(h)(1) of 
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is 
amended by striking ``70 per centum'' and inserting ``80 percent''.
    (d) Authorization of Contract Authority.--Section 201<DELETED>(g)</DELETED> 
of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is 
amended by striking subsection (g) and inserting the following:
    ``(g) Authorization of Contract Authority.--
            ``(1) In general.--
                    ``(A) Fiscal years 1998 through 2003.--For the 
                continued construction of the Appalachian development 
                highway system approved as of September 30, 1996, in 
                accordance with this section, there shall be available 
                from the Highway Trust Fund (other than the Mass 
                Transit Account) $40,000,000 for each of fiscal years 
                1998 through 2000, $50,000,000 for fiscal year 2001, 
                $60,000,000 for fiscal year 2002, and $70,000,000 for 
                fiscal year 2003.
                    ``(B) Obligation authority.--The Secretary shall 
                provide equivalent amounts of obligation authority for 
                the funds authorized under subparagraph (A).
            ``(2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share shall be 
        determined in accordance with this section and the funds shall 
        remain available in accordance with subsection (a).''.

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

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

SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT 
              PROGRAM.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment 
              program
    ``(a) Definitions.--In this section:
            ``(1) Eligible project costs.--The term `eligible project 
        costs' means the capital cost of the fixed guideway 
        infrastructure of a MAGLEV project, including land, piers, 
        guideways, propulsion equipment and other components attached 
        to guideways, power distribution facilities (including 
        substations), control and communications facilities, access 
        roads, and storage, repair, and maintenance facilities, but not 
        including costs incurred for a new station.
            ``(2) Full project costs.--The term `full project costs' 
        means the total capital costs of a MAGLEV project, including 
        eligible project costs and the costs of stations, vehicles, and 
        equipment.
            ``(3) MAGLEV.--The term `MAGLEV' means transportation 
        systems employing magnetic levitation that would be capable of 
        safe use by the public at a speed in excess of 240 miles per 
        hour.
            ``(4) Partnership potential.--The term `partnership 
        potential' has the meaning given the term in the commercial 
        feasibility study of high-speed ground transportation conducted 
        under section 1036 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1978).
    ``(b) Assistance.--
            ``(1) In general.--The Secretary shall make available 
        financial assistance to provide the Federal share of full 
        project costs of eligible projects selected under this section.
            ``(2) Federal share.--The Federal share of full project 
        costs under paragraph (1) shall be not more than \2/3\.
            ``(3) Use of assistance.--Financial assistance provided 
        under paragraph (1) shall be used only to pay eligible project 
        costs of projects selected under this section.
    ``(c) Solicitation of Applications for Assistance.--Not later than 
180 days after the date of enactment of the Intermodal Surface 
Transportation Efficiency Act of 1997, the Secretary shall solicit 
applications from States, or authorities designated by 1 or more 
States, for financial assistance authorized by subsection (b) for 
planning, design, and construction of eligible MAGLEV projects.
    ``(d) Project Eligibility.--To be eligible to receive financial 
assistance under subsection (b), a project shall--
            ``(1) involve a segment or segments of a high-speed ground 
        transportation corridor that exhibit partnership potential;
            ``(2) require an amount of Federal funds for project 
        financing that will not exceed the sum of--
                    ``(A) the amounts made available under subsection 
                (h)(1)(A); and
                    ``(B) the amounts made available by States under 
                subsection (h)(4);
            ``(3) result in an operating transportation facility that 
        provides a revenue producing service;
            ``(4) be undertaken through a public and private 
        partnership, with at least \1/3\ of full project costs paid 
        using non-Federal funds;
            ``(5) satisfy applicable statewide and metropolitan 
        planning requirements;
            ``(6) be approved by the Secretary based on an application 
        submitted to the Secretary by a State or authority designated 
        by 1 or more States;
            ``(7) to the extent that non-United States MAGLEV 
        technology is used within the United States, be carried out as 
        a technology transfer project; and
            ``(8) be carried out using materials at least 70 percent of 
        which are manufactured in the United States.
    ``(e) Project Selection Criteria.--Prior to soliciting 
applications, the Secretary shall establish criteria for selecting 
which eligible projects under subsection (d) will receive financial 
assistance under subsection (b). The criteria shall include the extent 
to which--
            ``(1) a project is nationally significant, including the 
        extent to which the project will demonstrate the feasibility of 
        deployment of MAGLEV technology throughout the United States;
            ``(2) timely implementation of the project will reduce 
        congestion in other modes of transportation and reduce the need 
        for additional highway or airport construction;
            ``(3) States, regions, and localities financially 
        contribute to the project;
            ``(4) implementation of the project will create new jobs in 
        traditional and emerging industries;
            ``(5) the project will augment MAGLEV networks identified 
        as having partnership potential;
            ``(6) financial assistance would foster public and private 
        partnerships for infrastructure development and attract private 
        debt or equity investment;
            ``(7) financial assistance would foster the timely 
        implementation of a project; and
            ``(8) life-cycle costs in design and engineering are 
        considered and enhanced.
    ``(f) Project Selection.--Not later than 90 days after a deadline 
established by the Secretary for the receipt of applications, the 
Secretary shall evaluate the eligible projects in accordance with the 
selection criteria and select 1 eligible project for financial 
assistance.
    ``(g) Joint Ventures.--A project undertaken by a joint venture of 
United States and non-United States persons (including a project 
involving the deployment of non-United States MAGLEV technology in the 
United States) shall be eligible for financial assistance under this 
section if the project is eligible under subsection (d) and selected 
under subsection (f).
    ``(h) Funding.--
            ``(1) In general.--
                    ``(A) Authorization of contract authority.--
                            ``(i) In general.--There shall be available 
                        from the Highway Trust Fund (other than the 
                        Mass Transit Account) to carry out this section 
                        $10,000,000 for fiscal year 1999 and 
                        $20,000,000 for fiscal year 2000.
                            ``(ii) Contract authority.--Funds 
                        authorized under this subparagraph shall be 
                        available for obligation in the same manner as 
                        if the funds were apportioned under chapter 1, 
                        except that--
                                    ``(I) the Federal share of the cost 
                                of a project carried out under this 
                                section shall be determined in 
                                accordance with subsection (b); and
                                    ``(II) the availability of the 
                                funds shall be determined in accordance 
                                with paragraph (2).
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated from the Highway Trust 
                Fund (other than the Mass Transit Account) to carry out 
                this section $200,000,000 for each of fiscal years 2000 
                and 2001, $250,000,000 for fiscal year 2002, and 
                $300,000,000 for fiscal year 2003.
            ``(2) Availability of funds.--Funds made available under 
        paragraph (1) shall remain available until expended.
            ``(3) Other federal funds.--Notwithstanding any other 
        provision of law, funds made available to a State to carry out 
        the surface transportation program under section 133 and the 
        congestion mitigation and air quality improvement program under 
        section 149 may be used by the State to pay a portion of the 
        full project costs of an eligible project selected under this 
        section, without requirement for non-Federal funds.
            ``(4) Other assistance.--Notwithstanding any other 
        provision of law, an eligible project selected under this 
        section shall be eligible for other forms of financial 
        assistance provided under this title and the Transportation 
        Infrastructure Finance and Innovation Act of 1997, including 
        loans, loan guarantees, and lines of credit.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 321 the following:

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

SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

    (a) Definitions.--Section 404 of the Woodrow Wilson Memorial Bridge 
Authority Act of 1995 (109 Stat. 628) is amended--
            (1) in paragraph (3), by striking ``, including approaches 
        thereto''; and
            (2) in paragraph (5), by striking ``to be determined under 
        section 407. Such'' and all that follows and inserting the 
        following: ``as described in the record of decision executed by 
        the Secretary in compliance with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.). The term includes 
        ongoing short-term rehabilitation and repairs to the Bridge.''.
    (b) Ownership of Bridge.--
            (1) Conveyance by the secretary.--Section 407(a)(1) of the 
        Woodrow Wilson Memorial Bridge Authority Act of 1995 (109 Stat. 
        630) is amended by inserting ``or any Capital Region 
        jurisdiction'' after ``Authority'' each place it appears.
            (2) Agreement.--Section 407 of the Woodrow Wilson Memorial 
        Bridge Authority Act of 1995 (109 Stat. 630) is amended by 
        striking subsection (c) and inserting the following:
    ``(c) Agreement.--
            ``(1) In general.--The agreement referred to in subsection 
        (a) is an agreement concerning the Project that is executed by 
        the Secretary and the Authority or any Capital Region 
        jurisdiction that accepts ownership of the Bridge.
            ``(2) Terms of the agreement.--The agreement shall--
                    ``(A) identify whether the Authority or a Capital 
                Region jurisdiction will accept ownership of the 
                Bridge;
                    ``(B) contain a financial plan satisfactory to the 
                Secretary, which shall be prepared before the execution 
                of the agreement, that specifies--
                            ``(i) the total cost of the Project, 
                        including any cost-saving measures;
                            ``(ii) a schedule for implementation of the 
                        Project, including whether any expedited design 
                        and construction techniques will be used; and
                            ``(iii) the sources of funding that will be 
                        used to cover any costs of the Project not 
                        funded from funds made available under section 
                        412; and
                    ``(C) contain such other terms and conditions as 
                the Secretary determines to be appropriate.''.
    (c) Federal Contribution.--The Woodrow Wilson Memorial Bridge 
Authority Act of 1995 (109 Stat. 627) is amended by adding at the end 
the following:

``SEC. 412. FEDERAL CONTRIBUTION.

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

SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

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

SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.

    (a) In General.--Section 144 of title 23, United States Code, is 
amended--
            (1) in the section heading, by striking ``program'';
            (2) by striking subsections (a) through (n), (p), and (q);
            (3) by inserting after the section heading the following:
    ``(a) Definition of Rehabilitate.--In this section, the term 
`rehabilitate' (in any of its forms), with respect to a bridge, means 
to carry out major work necessary--
            ``(1) to address the structural deficiencies, functional 
        obsolescence, or physical deterioration of the bridge; or
            ``(2) to correct a major safety defect of the bridge, 
        including seismic retrofitting.
    ``(b) Bridge Inventory.--
            ``(1) In general.--In consultation with the States, the 
        Secretary shall--
                    ``(A) annually inventory all highway bridges on 
                public roads that cross waterways, other topographical 
                barriers, other highways, and railroads;
                    ``(B) classify each such bridge according to 
                serviceability, safety, and essentiality for public 
                use; and
                    ``(C) assign each such bridge a priority for 
                replacement or rehabilitation based on the 
                classification under subparagraph (B).
            ``(2) Consultation.--In preparing an inventory of highway 
        bridges on Indian reservation roads and park roads under 
        paragraph (1), the Secretary shall consult with the Secretary 
        of the Interior and the States.
            ``(3) Inventory of historical bridges.--At the request of a 
        State, the Secretary may inventory highway bridges on public 
        roads for historical significance.
    ``(c) Certification by the State.--Not later than 180 days after 
the end of each fiscal year beginning with fiscal year 1998, each State 
shall certify to the Secretary, either that--
            ``(1) the State has reserved, from funds apportioned to the 
        State for the preceding fiscal year, to carry out bridge 
        projects eligible under sections 103(b)(5), 119, and 133(b), an 
        amount that is not less than the amount apportioned to the 
        State under this section for fiscal year 1997; or
            ``(2) the amount that the State will reserve, from funds 
        apportioned to the State for the period consisting of fiscal 
        years 1998 through 2001, to carry out bridge projects eligible 
        under sections 103(b)(5), 119, and 133(b), will be not less 
        than 4 times the amount apportioned to the State under this 
        section for fiscal year 1997.
    ``(d) Use of Reserved Funds.--A State may use funds reserved under 
subsection (c) to replace, rehabilitate, reconstruct, seismically 
retrofit, paint, apply calcium magnesium acetate to, apply sodium 
acetate/formate deicer to, or install scour countermeasures on a 
highway bridge on a public road that crosses a waterway, other 
topographical barrier, other highway, or railroad.
    ``(e) Off-System Bridges.--
            ``(1) Required expenditure.--For each fiscal year, an 
        amount equal to not less than 15 percent of the amount 
        apportioned to a State under this section for fiscal year 1997 
        shall be expended by the State for projects to replace, 
        rehabilitate, reconstruct, seismically retrofit, paint, apply 
        calcium magnesium acetate to, apply sodium acetate/formate 
        deicer to, or install scour countermeasures on highway bridges 
        located on public roads that are functionally classified as 
        local roads or rural minor collectors.
            ``(2) Use of funds to meet required expenditure.--Funds 
        reserved under subsection (c) and funds made available under 
        section 104(b)(1) for the National Highway System or under 
        section 104(b)(3) for the surface transportation program may be 
        used to meet the requirement for expenditure under paragraph 
        (1).
            ``(3) Reduction of required expenditure.--After 
        consultation with local and State officials in a State, the 
        Secretary may, with respect to the State, reduce the 
        requirement for expenditure under paragraph (1) if the 
        Secretary determines that the State has inadequate needs to 
        justify the expenditure.
    ``(f) Federal Share.--The Federal share of the cost of a project 
under this section shall be <DELETED>80 percent</DELETED> as determined 
under section 120(b).
    ``(g) Bridge Permit Exemption.--
            ``(1) In general.--Subject to paragraph (2), 
        notwithstanding any other provision of law, the General Bridge 
        Act of 1946 (33 U.S.C. 525 et seq.) shall apply to each bridge 
        authorized to be replaced, in whole or in part, under this 
        section.
            ``(2) Exception.--Section 502(b) of the General Bridge Act 
        of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 
        1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401), shall not 
        apply to any bridge constructed, reconstructed, rehabilitated, 
        or replaced with assistance under this title if the bridge is 
        over waters that are--
                    ``(A) not used and not susceptible to use in their 
                natural condition or by reasonable improvement as a 
                means to transport interstate or foreign commerce; and
                    ``(B)(i) not tidal; or
                    ``(ii) tidal but used only by recreational boating, 
                fishing, and other small vessels that are less than 21 
                feet in length.
    ``(h) Indian Reservation Road Bridges.--
            ``(1) Nationwide priority program.--The Secretary shall 
        establish a nationwide priority program for improving deficient 
        Indian reservation road bridges.
            ``(2) Reservation of funds.--
                    ``(A) In general.--Of the amounts authorized for 
                Indian reservation roads for each fiscal year, the 
                Secretary, in cooperation with the Secretary of the 
                Interior, shall reserve not less than $9,000,000 for 
                projects to replace, rehabilitate, seismically 
                retrofit, paint, apply calcium magnesium acetate to, 
                apply sodium acetate/formate deicer to, or install 
                scour countermeasures for deficient Indian reservation 
                road bridges, including multiple-pipe culverts.
                    ``(B) Eligible bridges.--To be eligible to receive 
                funding under this subsection, a bridge described in 
                subparagraph (A) must--
                            ``(i) have an opening of 20 feet or more;
                            ``(ii) be on an Indian reservation road;
                            ``(iii) be unsafe because of structural 
                        deficiencies, physical deterioration, or 
                        functional obsolescence; and
                            ``(iv) be recorded in the national bridge 
                        inventory administered by the Secretary under 
                        subsection (b).
            ``(3) Approval requirement.--Funds to carry out Indian 
        reservation road bridge projects under this subsection shall be 
        made available only on approval of plans, specifications, and 
        estimates by the Secretary.'';
            (4) by redesignating subsection (o) as subsection (i); and
            (5) in subsection (i) (as so redesignated)--
                    (A) in paragraph (1), by inserting ``for 
                alternative transportation purposes (including bikeway 
                and walkway projects eligible for funding under this 
                title)'' after ``adaptive reuse'';
                    (B) in paragraph (3)--
                            (i) by inserting ``(regardless of whether 
                        the intended use is for motorized vehicular 
                        traffic or for alternative public 
                        transportation purposes)'' after ``intended 
                        use''; and
                            (ii) by inserting ``or for alternative 
                        public transportation purposes'' after ``no 
                        longer used for motorized vehicular traffic''; 
                        and
                    (C) in the second sentence of paragraph (4)--
                            (i) by inserting ``for motorized vehicles, 
                        alternative vehicular traffic, or alternative 
                        public transportation'' after ``historic 
                        bridge''; and
                            (ii) by striking ``up to an amount not to 
                        exceed the cost of demolition''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

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

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

    (a) Established Program.--Section 149(a) of title 23, United States 
Code, is amended by striking ``Establishment.--The Secretary shall 
establish'' and inserting ``In General.--The Secretary shall carry 
out''.
    (b) Eligible Projects.--Section 149(b) of title 23, United States 
Code, is amended in the first sentence--
            (1) by striking ``that was designated as a nonattainment 
        area under section 107(d) of the Clean Air Act (42 U.S.C. 
        7407(d)) during any part of fiscal year 1994'' and inserting 
        ``that is designated as a nonattainment area under section 
        107(d) of the Clean Air Act (42 U.S.C. 7407(d)) or classified 
        as a submarginal ozone nonattainment area under that Act, or if 
        the project or program is for a maintenance <DELETED>area or an 
        area that, as of the date of enactment of the Intermodal 
        Transportation Act of 1997, is considered by the Administrator 
        of the Environmental Protection Agency to be a flexible 
        attainment region'';</DELETED> area,'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``clauses 
                (xii) and'' and inserting ``clause''; and
                    (B) in subparagraph (B), by striking ``such 
                section'' and inserting ``section 108(f)(1)(A) (other 
                than clause (xvi)) of the Clean Air Act (42 U.S.C. 
                7408(f)(1)(A))'';
            (3) in paragraph (2), by inserting ``or maintenance'' after 
        ``State implementation'';
            (4) in paragraph (3), by inserting ``or maintenance of the 
        standard'' after ``standard''; and
            (5) in paragraph (4), by inserting ``or maintenance'' after 
        ``attainment''.
    (c) States Receiving Minimum Apportionment.--Section 149 of title 
23, United States Code, is amended by striking subsection (c) and 
inserting the following:
    ``(c) States Receiving Minimum Apportionment.--
            ``(1) States without a nonattainment area.--If a State does 
        not have, and never has had, a nonattainment area designated 
        under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may 
        use funds apportioned to the State under section 104(b)(2) for 
        any project eligible under the surface transportation program 
        under section 133.
            ``(2) States with a nonattainment area.--If a State has a 
        nonattainment area or maintenance area and receives funds under 
        section 104(b)(2)(D) above the amount of funds that the State 
        would have received based on its nonattainment and maintenance 
        area population under subparagraphs (B) and (C) of section 
        104(b)(2), the State may use that portion of the funds not 
        <DELETED>attributed to the</DELETED> based on its nonattainment 
        <DELETED>or</DELETED> and maintenance area population under 
        subparagraphs (B) and (C) of section 104(b)(2) for any project 
        in the State eligible under section 133.''.
    (d) Federal Share.--Section 120(c) of title 23, United States Code, 
is amended in the first sentence by striking ``The'' and inserting 
``Except in the case of a project funded from sums apportioned under 
section 104(b)(2), the''.
    (e) Conforming Amendments.--
            (1) Section 101(a) of title 23, United States Code, is 
        amended by inserting after the undesignated paragraph defining 
        ``maintenance'' the following:
    ``The term `maintenance area' means an area that was designated as 
a nonattainment area, but was later redesignated by the Administrator 
of the Environmental Protection Agency as an attainment area, under 
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).''.
            (2) Section 149(b)(1)(A)(ii) of title 23, United States 
        Code, is amended by striking ``an area'' and all that follows 
        and inserting ``a maintenance area; or''.

SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.

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

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

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

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

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

SEC. 1127. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

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

            Subtitle B--Program Streamlining and Flexibility

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1201. ADMINISTRATIVE EXPENSES.

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

SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.

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

``108. Advance acquisition of real property.''.

SEC. 1203. AVAILABILITY OF FUNDS.

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

SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.

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

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

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

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

SEC. 1206. METRIC CONVERSION AT STATE OPTION.

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

SEC. 1207. REPORT ON OBLIGATIONS.

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

SEC. 1208. TERMINATIONS.

    (a) Right-of-Way Revolving Fund.--Section 108 of title 23, United 
States Code, is amended by striking subsection (c) and inserting the 
following:
    ``(c) Termination of Right-of-Way Revolving Fund.--
            ``(1) In general.--Funds apportioned and advanced to a 
        State by the Secretary from the right-of-way revolving fund 
        established by this section prior to the date of enactment of 
        the Intermodal Surface Transportation Efficiency Act of 1997 
        shall remain available to the State for use on the projects for 
        which the funds were advanced for a period of 20 years from the 
        date on which the funds were advanced.
            ``(2) Credit to highway trust fund.--With respect to a 
        project for which funds have been advanced from the right-of-
        way revolving fund, upon the termination of the 20-year period 
        referred to in paragraph (1), when actual construction is 
        commenced, or upon approval by the Secretary of the plans, 
        specifications, and estimates for the actual construction of 
        the project on the right-of-way, whichever occurs first--
                    ``(A) the Highway Trust Fund shall be credited with 
                an amount equal to the Federal share of the funds 
                advanced, as provided in section 120, out of any 
                Federal-aid highway funds apportioned to the State in 
                which the project is located and available for 
                obligation for projects of the type funded; and
                    ``(B) the State shall reimburse the Secretary in an 
                amount equal to the non-Federal share of the funds 
                advanced for deposit in, and credit to, the Highway 
                Trust Fund.''.
    (b) Pilot Toll Collection Program.--Section 129 of title 23, United 
States Code, is amended by striking subsection (d).
    (c) National Recreational Trails Advisory Committee.--As soon as 
practicable after the date of enactment of this Act, the Secretary 
shall take such action as is necessary for the termination of the 
National Recreational Trails Advisory Committee established by section 
1303 of the Intermodal Surface Transportation Efficiency Act of 1991 
(16 U.S.C. 1262) (as in effect on the day before the date of enactment 
of this Act).
    (d) Congressional Bridge Commissions.--Public Law 87-441 (76 Stat. 
59) is repealed.

SEC. 1209. INTERSTATE MAINTENANCE.

    (a) Interstate Funds.--Section 119 of title 23, United States Code, 
is amended--
            (1) in subsection (a), by striking the second sentence;
            (2) by striking subsection (d); and
            (3) by striking subsection (f) and inserting the following:
    ``(f) Transferability of Funds.--
            ``(1) Unconditional.--A State may transfer an amount not to 
        exceed 30 percent of the sums apportioned to the State under 
        subparagraphs (A) and (B) of section 104(b)(1) to the 
        apportionment of the State under paragraphs (1)(C) and (3) of 
        section 104(b).
            ``(2) Upon acceptance of certification.--If a State 
        certifies to the Secretary that any part of the sums 
        apportioned to the State under subparagraphs (A) and (B) of 
        section 104(b)(1) is in excess of the needs of the State for 
        resurfacing, restoring, rehabilitating, or reconstructing 
        routes and bridges on the Interstate System in the State and 
        that the State is adequately maintaining the routes and 
        bridges, and the Secretary accepts the certification, the State 
        may transfer, in addition to the amount authorized to be 
        transferred under paragraph (1), an amount not to exceed 20 
        percent of the sums apportioned to the State under 
        subparagraphs (A) and (B) of section 104(b)(1) to the 
        apportionment of the State under paragraphs (1)(C) and (3) of 
        section 104(b).''.
    (b) Eligibility.--Section 119 of title 23, United States Code, is 
amended--
            (1) in the first sentence of subsection (a), by striking 
        ``and rehabilitating'' and inserting ``, rehabilitating, and 
        reconstructing'';
            (2) by striking subsections (b), (c), (e), and (g);
            (3) by inserting after subsection (a) the following:
    ``(b) Eligible Activities.--
            ``(1) In general.--A State--
                    ``(A) may use funds apportioned under subparagraph 
                (A) or (B) of section 104(b)(1) for resurfacing, 
                restoring, rehabilitating, and reconstructing routes on 
                the Interstate System, including--
                            ``(i) resurfacing, restoring, 
                        rehabilitating, and reconstructing bridges, 
                        interchanges, and overcrossings;
                            ``(ii) acquiring rights-of-way; and
                            ``(iii) intelligent transportation system 
                        capital improvements that are infrastructure-
                        based to the extent that they improve the 
                        performance of the Interstate System; but
                    ``(B) may not use the funds for construction of new 
                travel lanes other than high-occupancy vehicle lanes or 
                auxiliary lanes.
            ``(2) Expansion of capacity.--
                    ``(A) Using transferred funds.--Notwithstanding 
                paragraph (1), funds transferred under subsection 
                (c)(1) may be used for construction to provide for 
                expansion of the capacity of an Interstate System 
                highway (including a bridge).
                    ``(B) Using funds not transferred.--
                            ``(i) In general.--In lieu of transferring 
                        funds under subsection (c)(1) and using the 
                        transferred funds for the purpose described in 
                        subparagraph (A), a State may use an amount of 
                        the sums apportioned to the State under 
                        subparagraph (A) or (B) of section 104(b)(1) 
                        for the purpose described in subparagraph (A).
                            ``(ii) Limitation.--The sum of the amount 
                        used under clause (i) and any amount 
                        transferred under subsection (c)(1) by a State 
                        may not exceed 30 percent of the sums 
                        apportioned to the State under subparagraphs 
                        (A) and (B) of section 104(b)(1).''; and
            (4) by redesignating subsection (f) as subsection (c).
    (c) Conforming Amendments.--
            (1) Section 119(a) of title 23, United States Code, is 
        amended in the first sentence by striking ``; except that the 
        Secretary may only approve a project pursuant to this 
        subsection on a toll road if such road is subject to a 
        Secretarial agreement provided for in subsection (e)''.
            (2) Section 1009(c)(2) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (23 U.S.C. 119 note; 105 
        Stat. 193<DELETED>3</DELETED>4) is amended by striking 
        ``section 119(f)(1)'' and inserting ``section 119(c)(1)''.

                      CHAPTER 2--PROJECT APPROVAL

SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

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

SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.

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

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

SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

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

SEC. 1224. DESIGN-BUILD CONTRACTING.

    (a) Authority.--Section 112(b) of title 23, United States Code, is 
amended--
            (1) in the first sentence of paragraph (1), by striking 
        ``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
            (2) in paragraph (2)(A), by striking ``Each'' and inserting 
        ``Subject to paragraph (3), each''; and
            (3) by adding at the end the following:
            ``(3) Design-build contracting.--
                    ``(A) In general.--A State transportation 
                department may award a contract for the design and 
                construction of a qualified project described in 
                subparagraph (B) using competitive selection procedures 
                approved by the Secretary.
                    ``(B) Qualified projects.--A qualified project 
                referred to in subparagraph (A) is a project under this 
                chapter that involves installation of an intelligent 
                transportation system or that consists of a usable 
                project segment and for which--
                            ``(i) the Secretary has approved the use of 
                        design-build contracting described in 
                        subparagraph (A) under criteria specified in 
                        regulations promulgated by the Secretary; and
                            ``(ii) the total costs are estimated to 
                        exceed--
                                    ``(I) in the case of a project that 
                                involves installation of an intelligent 
                                transportation system, 
                                <DELETED>$10,000,000</DELETED> 
                                $5,000,000; and
                                    ``(II) in the case of a usable 
                                project segment, $50,000,000.''.
    (b) Competitive Bidding Defined.--Section 112 of title 23, United 
States Code, is amended by striking subsection (f) and inserting the 
following:
    ``(f) Competitive Bidding Defined.--In this section, the term 
`competitive bidding' means the procedures used to award contracts for 
engineering and design services under subsection (b)(2) and design-
build contracts under subsection (b)(3).''.
    (c) Regulations.--
            (1) In general.--Not later than the effective date 
        specified in subsection (e), the Secretary shall promulgate 
        regulations to carry out the amendments made by this section.
            (2) Contents.--The regulations shall--
                    (A) identify the criteria to be used by the 
                Secretary in approving the use by a State 
                transportation department of design-build contracting; 
                and
                    (B) establish the procedures to be followed by a 
                State transportation department for obtaining the 
                Secretary's approval of the use of design-build 
                contracting by the department and the selection 
                procedures used by the department.
    (d) Effect on Experimental Program.--Nothing in this section or the 
amendments made by this section affects the authority to carry out, or 
any project carried out under, any experimental program concerning 
design-build contracting that is being carried out by the Secretary as 
of the date of enactment of this Act.
    (e) Effective Date for Amendments.--The amendments made by this 
section take effect 2 years after the date of enactment of this Act.

SEC. 1225. INTEGRATED DECISIONMAKING PROCESS.

    (a) In General.--Subchapter III of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 354. Integrated decisionmaking process
    ``(a) Definitions.--In this section:
            ``(1) Integrated decisionmaking process.--The term 
        `integrated decisionmaking process' means the integrated 
        decisionmaking process established with respect to a surface 
        transportation project under subsection (b).
            ``(2) NEPA process.--The term `NEPA process' means the 
        process of complying with the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to a surface transportation project.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(4) Surface transportation project.--The term `surface 
        transportation project' means--
                    ``(A) a highway construction project that is 
                subject to the approval of the Secretary under title 
                23; and
                    ``(B) a capital project (as defined in section 
                5302(a)(1)).
    ``(b) Establishment of Integrated Decisionmaking Processes for 
Surface Transportation Projects.--The Secretary shall--
            ``(1) establish an integrated decisionmaking process for 
        surface transportation projects that designates major decision 
        points likely to have significant environmental effects and 
        conflicts; and
            ``(2) integrate the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        the requirements established by the Secretary for 
        transportation planning and decisionmaking.
    ``(c) Integrated Decisionmaking Goals.--The integrated 
decisionmaking process for surface transportation projects should, to 
the maximum extent practicable, accomplish the following major goals:
            ``(1) Integrate the NEPA process with the planning, 
        predesign stage, and decisionmaking for surface transportation 
        projects at the earliest possible time.
            ``(2) Integrate all applicable Federal, State, tribal, and 
        local permitting requirements.
            ``(3) Integrate national transportation, social, safety, 
        economic, and environmental goals with State, tribal, and local 
        land use and growth management initiatives.
            ``(4) Consolidate Federal, State, tribal, and local 
        decisionmaking to achieve the best overall public interest 
        according to an agreed schedule.
    ``(d) Streamlining.--
            ``(1) Avoidance of delays, prevention of conflicts, and 
        elimination of unnecessary duplication.--The Secretary shall 
        design the integrated decisionmaking process to avoid delays in 
        decisionmaking, prevent conflicts between cooperating agencies 
        and members of the public, and eliminate unnecessary 
        duplication of review and decisionmaking relating to surface 
        transportation projects.
            ``(2) Integration; comprehensive process.--The NEPA 
        process--
                    ``(A) shall be integrated with the transportation 
                planning and decisionmaking of the Federal, State, 
                tribal, and local transportation agencies; and
                    ``(B) serve as a comprehensive decisionmaking 
                process.
            ``(3) Other requirements.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) establish a concurrent transportation 
                        and environmental coordination process to 
                        reduce paperwork, combine review documents, and 
                        eliminate duplicative reviews;
                            ``(ii) develop interagency agreements to 
                        streamline and improve interagency coordination 
                        and processing time;
                            ``(iii) apply strategic and programmatic 
                        approaches to better integrate and expedite the 
                        NEPA process and transportation decisionmaking; 
                        and
                            ``(iv) ensure, in appropriate cases, by 
                        conducting concurrent reviews whenever 
                        possible, that any analyses and reviews 
                        conducted by the Secretary consider the needs 
                        of other reviewing agencies.
                    ``(B) Time schedules.--To comply with subparagraph 
                (A)(ii), time schedules shall be consistent with 
                sections 1501.8 and 1506.10 of title 40, Code of 
                Federal Regulations (or any successor regulations).
            ``(4) Concurrent processing.--
                    ``(A) In general.--The integrated decisionmaking 
                process shall, to the extent practicable, include a 
                procedure to provide for concurrent (rather than 
                sequential) processing of all Federal, State, tribal, 
and local reviews and decisions emanating from those reviews.
                    ``(B) Inconsistency with other requirements.--
                Subparagraph (A) does not require concurrent review if 
                concurrent review would be inconsistent with other 
                statutory or regulatory requirements.
    ``(e) Interagency Cooperation.--
            ``(1) Lead and cooperating agency concepts.--The lead and 
        cooperating agency concepts of section 1501 of title 40, Code 
        of Federal Regulations (or any successor regulation), shall be 
        considered essential elements to ensure integration of 
        transportation decisionmaking.
            ``(2) Responsibilities.--The Secretary shall--
                    ``(A) not later than 60 days after the date on 
                which a surface transportation project is selected for 
                study by a State, identify each Federal agency that may 
                be required to participate in the integrated 
                decisionmaking process relating to the surface 
                transportation project and notify the agency of the 
                surface transportation project;
                    ``(B) afford State, regional, tribal, and local 
                governments with decisionmaking authority on surface 
                transportation projects the opportunity to serve as 
                cooperating agencies;
                    ``(C) provide cooperating agencies the results of 
                any analysis or other information related to a surface 
                transportation project;
                    ``(D) host an early scoping meeting for Federal 
                agencies and, when appropriate, conduct field reviews, 
                as soon as practicable in the environmental review 
                process;
                    ``(E) solicit from each cooperating agency as early 
                as practicable the data and analyses necessary to 
                facilitate execution of the duties of each cooperating 
                agency;
                    ``(F) use, to the maximum extent possible, 
                scientific, technical, and environmental data and 
                analyses previously prepared by or for other Federal, 
                State, tribal, or local agencies, after an independent 
                evaluation by the Secretary of the data and analyses;
                    ``(G) jointly, with the cooperating agencies, host 
                public meetings and other community participation 
                processes; and
                    ``(H) ensure that the NEPA process and 
                documentation provide all necessary information for the 
                cooperating agency to--
                            ``(i) discharge the responsibilities of the 
                        cooperating agency under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) and other law; and
                            ``(ii) grant approvals, permits, licenses, 
                        and clearances.
    ``(f) Enhanced Scoping Process.--During the scoping process for a 
surface transportation project, in addition to other statutory and 
regulatory requirements, the Secretary shall, to the extent 
practicable--
            ``(1) provide the public with clearly understandable 
        milestones that occur during an integrated decisionmaking 
        process;
            ``(2) ensure that all agencies with jurisdiction by law or 
        with special expertise have sufficient information and data to 
        discharge their responsibilities;
            ``(3) ensure that all agencies with jurisdiction by law or 
        with special expertise, and the public, are invited to 
        participate in the initial scoping process;
            ``(4) coordinate with other agencies to ensure that the 
        agencies provide to the Secretary, not later than 30 days after 
        the first interagency scoping meeting, any preliminary concerns 
        about how the proposed project may affect matters within their 
        jurisdiction or special expertise based on information 
        available at the time of the scoping meeting; and
            ``(5) in cooperation with all cooperating agencies, develop 
        a schedule for conducting all necessary environmental and other 
        review processes.
    ``(g) Use of Title 23 Funds.--
            ``(1) Use by states.--A State may use funds made available 
        under section 104(b) or 105 of title 23 or section 1102(c) of 
        the Intermodal Surface Transportation Efficiency Act of 1997 to 
        provide resources to Federal or State agencies involved in the 
        review or permitting process for a surface transportation 
        project in order to meet a time schedule established under this 
        section.
            ``(2) Use at secretary's discretion.--At the request of 
        another Federal agency involved in the review or permitting 
        process for a surface transportation project, the Secretary may 
        provide funds under chapter 1 of title 23 to the agency to 
        provide resources necessary to meet the time schedules 
        established under this section.
            ``(2) Amount.--Funds may be provided under paragraph (1) in 
        the amount by which the cost to complete a environmental review 
        in accordance with a time schedule established under this 
        section exceeds the cost that would be incurred if there were 
no such time schedule.
            ``(3) Not final agency action.--The provision of funds 
        under paragraph (1) does not constitute a final agency action.
    ``(h) State Role.--
            ``(1) In general.--For any project eligible for assistance 
        under chapter 1 of title 23, a State may require, by law or 
        agreement coordinating with all related State agencies, that 
        all State agencies that--
                    ``(A) have jurisdiction by Federal or State law 
                over environmental, growth management, or land-use 
                related issues that may be affected by a surface 
                transportation project; or
                    ``(B) have responsibility for issuing any 
                environment related reviews, analyses, opinions, or 
                determinations;
        be subject to the coordinated environmental review process 
        provided under this section in issuing any analyses or 
        approvals or taking any other action relating to the project.
            ``(2) All agencies.--If a State requires that any State 
        agency participate in a coordinated environmental review 
        process, the State shall require all affected State agencies to 
        participate.
    ``(i) Early Action Regarding Potentially Insurmountable 
Obstacles.--If, at any time during the integrated decisionmaking 
process for a proposed surface transportation project, a cooperating 
agency determines that there is any potentially insurmountable obstacle 
associated with any of the alternative transportation projects that 
might be undertaken to address the obstacle, the Secretary shall--
            ``(1) convene a meeting among the cooperating agencies to 
        address the obstacle;
            ``(2) initiate conflict resolution efforts under subsection 
        (j); or
            ``(3) eliminate from consideration the alternative 
        transportation project with which the obstacle is associated.
    ``(j) Conflict Resolution.--
            ``(1) Forum.--The NEPA process shall be used as a forum to 
        coordinate the actions of Federal, State, regional, tribal, and 
        local agencies, the private sector, and the public to develop 
        and shape surface transportation projects.
            ``(2) Approaches.--Collaborative, problem solving, and 
        consensus building approaches shall be used (and, when 
        appropriate, mediation may be used) to implement the integrated 
        decisionmaking process with a goal of appropriately considering 
        factors relating to transportation development, economic 
        prosperity, protection of public health and the environment, 
        community and neighborhood preservation, and quality of life 
        for present and future generations.
            ``(3) Unresolved issues.--
                    ``(A) Notification.--If, before the final 
                transportation NEPA document is approved--
                            ``(i) an issue remains unresolved between 
                        the lead Federal agency and the cooperating 
                        agency; and
                            ``(ii) efforts have been exhausted to 
                        resolve the issue at the field levels of each 
                        agency--
                                    ``(I) within the applicable 
                                timeframe of the interagency schedule 
                                established under subsection (f)(5); or
                                    ``(II) if no timeframe is 
                                established, within 90 days;
                the field level officer of the lead agency shall notify 
                the field level officer of the cooperating agency that 
                the field level officer of the lead agency intends to 
                bring the issue to the personal attention of the heads 
                of the agencies.
                    ``(B) Efforts by the agency heads.--The head of the 
                lead agency shall contact the head of the cooperating 
                agency and attempt to resolve the issue within 30 days 
                after notification by the field level officer of the 
                unresolved issue.
                    ``(C) Consultation with ceq.--The heads of the 
                agencies are encouraged to consult with the Chair of 
                the Council on Environmental Quality during the 30-day 
                period under subparagraph (B).
                    ``(D) Failure to resolve.--If the heads of the 
                agencies do not resolve the issue within the time 
                specified in subparagraph (B), the referral process 
                under part 1504 of title 40, Code of Federal 
                Regulations (or any successor regulation), shall be 
                initiated with respect to the issue.
    ``(k) Judicial Review.--Nothing in this section affects the 
reviewability of any final agency action in a district court of the 
United States or any State court.
    ``(l) Statutory Construction.--Nothing in this section affects--
            ``(1) the applicability of the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        any other statute; or
            ``(2) the responsibility of any Federal, State, tribal, or 
        local officer to comply with or enforce any statute or 
        regulation.''.
    (b) Timetable; Report to Congress.--The Secretary, in consultation 
with the Chair of the Council on Environmental Quality and after notice 
and opportunity for public comment--
            (1) not later than 180 days after the date of enactment of 
        this Act, shall design the integrated decisionmaking process 
        required by the amendment made by subsection (a);
            (2) not later than 1 year after the date of enactment of 
        this Act, shall promulgate a regulation governing 
        implementation of an integrated decisionmaking process in 
        accordance with the amendment made by subsection (a); and
            (3) not later than 2 years after the date of enactment of 
        this Act, shall submit to Congress a report identifying any 
        additional legislative or other solutions that would further 
        enhance the integrated decisionmaking process.
    (c) Conforming Amendment.--The analysis for subchapter III of 
chapter 3 of title 49, United States Code, is amended by adding at the 
end the following:

``354. Integrated decisionmaking process.''.

                 CHAPTER 3--ELIGIBILITY AND FLEXIBILITY

SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.

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

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

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

SEC. 1233. FLEXIBILITY OF SAFETY PROGRAMS.

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

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

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

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

    Section 133(b) of title 23, United States Code (as amended by 
section 1232(c)), is amended--
            (1) in paragraph (2), by striking ``and publicly owned 
        intracity or intercity bus terminals and facilities'' and 
        inserting ``, including vehicles and facilities, whether 
        publicly or privately owned, that are used to provide intercity 
        passenger service by bus or rail'';
            (2) in paragraph (3)--
                    (A) by striking ``and bicycle'' and inserting 
                ``bicycle''; and
                    (B) by inserting before the period at the end the 
                following: ``, and the modification of public sidewalks 
                to comply with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.)'';
            (3) in paragraph (4)--
                    (A) by inserting ``, publicly owned passenger 
                rail,'' after ``Highway'';
                    (B) by inserting ``infrastructure'' after 
                ``safety''; and
                    (C) by inserting before the period at the end the 
                following: ``, and any other noninfrastructure highway 
                safety improvements'';
            (4) in the first sentence of paragraph (11)--
                    (A) by inserting ``natural habitat and'' after 
                ``participation in'' each place it appears;
                    (B) by striking ``enhance and create'' and 
                inserting ``enhance, and create natural habitats and''; 
                and
                    (C) by inserting ``natural habitat and'' before 
                ``wetlands conservation''; and
            (5) by adding at the end the following:
            ``(13) Publicly owned intercity passenger rail 
        infrastructure, including infrastructure owned by the National 
        Railroad Passenger Corporation.
            ``(14) Publicly owned passenger rail vehicles, including 
        vehicles owned by the National Railroad Passenger Corporation.
            ``(15) Infrastructure-based intelligent transportation 
        systems capital improvements.
            ``(16) Publicly owned components of magnetic levitation 
        transportation <DELETED>systems.''.</DELETED> systems.
            ``(17) Environmental restoration and pollution abatement 
        projects (including the retrofit or construction of storm water 
        treatment systems) to address water pollution or environmental 
        degradation caused or contributed to by transportation 
        facilities, which projects shall be carried out when the 
        transportation facilities are undergoing reconstruction, 
        rehabilitation, resurfacing, or restoration; except that the 
        expenditure of funds under this section for any such 
        environmental restoration or pollution abatement project shall 
        not exceed 20 percent of the total cost of the reconstruction, 
        rehabilitation, resurfacing, or restoration project.''.

SEC. 1236. DESIGN FLEXIBILITY.

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

                          Subtitle C--Finance

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 162. State infrastructure bank program
    ``(a) Definitions.--In this section:
            ``(1) Other assistance.--The term `other assistance' 
        includes any use of funds in an infrastructure bank--
                    ``(A) to provide credit enhancements;
                    ``(B) to serve as a capital reserve for bond or 
                debt instrument financing;
                    ``(C) to subsidize interest rates;
                    ``(D) to ensure the issuance of letters of credit 
                and credit instruments;
                    ``(E) to finance purchase and lease agreements with 
                respect to transit projects;
                    ``(F) to provide bond or debt financing instrument 
                security; and
                    ``(G) to provide other forms of debt financing and 
                methods of leveraging funds that are approved by the 
                Secretary and that relate to the project with respect 
                to which the assistance is being provided.
            ``(2) State.--The term `State' has the meaning given the 
        term under section 401.
    ``(b) Cooperative Agreements.--
            ``(1) In general.--
                    ``(A) Purpose of agreements.--Subject to this 
                section, the Secretary may enter into cooperative 
                agreements with States for the establishment of State 
                infrastructure banks and multistate infrastructure 
                banks for making loans and providing other assistance 
                to public and private entities carrying out or 
                proposing to carry out projects eligible for assistance 
                under this section.
                    ``(B) Contents of agreements.--Each cooperative 
                agreement shall specify procedures and guidelines for 
                establishing, operating, and providing assistance from 
                the infrastructure bank.
            ``(2) Interstate compacts.--If 2 or more States enter into 
        a cooperative agreement under paragraph (1) with the Secretary 
        for the establishment of a multistate infrastructure bank, 
        Congress grants consent to those States to enter into an 
        interstate compact establishing the bank in accordance with 
        this section.
    ``(c) Funding.--
            ``(1) Contribution.--Notwithstanding any other provision of 
        law, the Secretary may allow, subject to subsection (h)(1), a 
        State that enters into a cooperative agreement under this 
        section to contribute to the infrastructure bank established by 
        the State not to exceed--
                    ``(A)(i) the total amount of funds apportioned to 
                the State under each of paragraphs (1) and (3) of 
                section 104(b), excluding funds set aside under 
                paragraphs (1) and (2) of section 133(d); and
                    ``(ii) the total amount of funds allocated to the 
                State under section 105 and under section 1102 of the 
                Intermodal Surface Transportation Efficiency Act of 
                1997;
                    ``(B) the total amount of funds made available to 
                the State or other Federal transit grant recipient for 
                capital projects (as defined in section 5302 of title 
                49) under sections 5307, 5309, and 5311 of title 49; 
                and
                    ``(C) the total amount of funds made available to 
                the State under subtitle V of title 49.
            ``(2) Capitalization grant.--For the purposes of this 
        section, Federal funds contributed to the infrastructure bank 
        under this subsection shall constitute a capitalization grant 
        for the infrastructure bank.
            ``(3) Special rule for urbanized areas of over 200,000.--
        Funds that are apportioned or allocated to a State under 
        section 104(b)(3) and attributed to urbanized areas of a State 
        with a population of over 200,000 individuals under section 
        133(d)(2) may be used to provide assistance from an 
        infrastructure bank under this section with respect to 
a project only if the metropolitan planning organization designated for 
the area concurs, in writing, with the provision of the assistance.
    ``(d) Forms of Assistance From Infrastructure Banks.--
            ``(1) In general.--An infrastructure bank established under 
        this section may make loans or provide other assistance to a 
        public or private entity in an amount equal to all or part of 
        the cost of carrying out a project eligible for assistance 
        under this section.
            ``(2) Subordination of loans.--The amount of any loan or 
        other assistance provided for the project may be subordinated 
        to any other debt financing for the project.
            ``(3) Initial assistance.--Initial assistance provided with 
        respect to a project from Federal funds contributed to an 
        infrastructure bank under this section shall not be made in the 
        form of a grant.
    ``(e) Qualifying Projects.--
            ``(1) In general.--Subject to paragraph (2), 
        <DELETED>Federal</DELETED> funds in an infrastructure bank 
        established under this section may be used only to provide 
        assistance with respect to projects eligible for assistance 
        under this title, <DELETED>or</DELETED> for capital projects 
        (as defined in section 5302 of title 49), or for any other 
        project that the Secretary determines to be appropriate.
            ``(2) Interstate funds.--Funds contributed to an 
        infrastructure bank from funds apportioned to a State under 
        subparagraph (A) or (B) of section 104(b)(1) may be used only 
        to provide assistance with respect to projects eligible for 
        assistance under those subparagraphs.
            ``(3) Rail program funds.--Funds contributed to an 
        infrastructure bank from funds made available to a State under 
        subtitle V of title 49 shall be used in a manner consistent 
        with any project description specified under the law making the 
        funds available to the State.
    ``(f) Infrastructure Bank Requirements.--
            ``(1) In general.--Subject to paragraph (2), in order to 
        establish an infrastructure bank under this section, each State 
        establishing such a bank shall--
                    ``(A) contribute, at a minimum, to the bank from 
                non-Federal sources an amount equal to 25 percent of 
                the amount of each capitalization grant made to the 
                State and contributed to the bank under subsection (c);
                    ``(B) ensure that the bank maintains on a 
                continuing basis an investment grade rating on its debt 
                issuances and its ability to pay claims under credit 
                enhancement programs of the bank;
                    ``(C) ensure that investment income generated by 
                funds contributed to the bank will be--
                            ``(i) credited to the bank;
                            ``(ii) available for use in providing loans 
                        and other assistance to projects eligible for 
                        assistance from the bank; and
                            ``(iii) invested in United States Treasury 
                        securities, bank deposits, or such other 
                        financing instruments as the Secretary may 
                        approve to earn interest to enhance the 
                        leveraging of projects assisted by the bank;
                    ``(D) ensure that any loan from the bank will bear 
                interest at or below market rates, as determined by the 
                State, to make the project that is the subject of the 
                loan feasible;
                    ``(E) ensure that repayment of the loan from the 
                bank will commence not later than 5 years after the 
                project has been completed or, in the case of a highway 
                project, the facility has opened to traffic, whichever 
                is later;
                    ``(F) ensure that the term for repaying any loan 
                will not exceed the lesser of--
                            ``(i) 35 years after the date of the first 
                        payment on the loan under subparagraph (E); or
                            ``(ii) the useful life of the investment; 
                        and
                    ``(G) require the bank to make a biennial report to 
                the Secretary and to make such other reports as the 
                Secretary may require in guidelines.
            ``(2) Waivers by the secretary.--The Secretary may waive a 
        requirement of any of subparagraphs (C) through (G) of 
        paragraph (1) with respect to an infrastructure bank if the 
        Secretary determines that the waiver is consistent with the 
        objectives of this section.
    ``(g) Limitation on Repayments.--Notwithstanding any other 
provision of law, the repayment of a loan or other assistance provided 
from an infrastructure bank under this section may not be credited 
toward the non-Federal share of the cost of any project.
    ``(h) Secretarial Requirements.--In administering this section, the 
Secretary shall--
            ``(1) ensure that Federal disbursements shall be at an 
        annual rate of not more than 20 percent of the amount 
        designated by the State for State infrastructure bank 
        capitalization under subsection (c)(1), except that the 
        Secretary may disburse funds to a State in an amount needed to 
        finance a specific project; and
            ``(2) revise cooperative agreements entered into with 
        States under section 350 of the National Highway System 
        Designation Act of 1995 (Public Law 104-59) to comply with this 
        section.
    ``(i) Applicability of Federal Law.--
            ``(1) In general.--The requirements of this title or title 
        49 that would otherwise apply to funds made available under 
        that title and projects assisted with those funds shall apply 
        to--
                    ``(A) funds made available under that title and 
                contributed to an infrastructure bank established under 
                this section, including the non-Federal contribution 
                required under section (f); and
                    ``(B) projects assisted by the bank through the use 
                of the funds;
        except to the extent that the Secretary determines that any 
        requirement of that title (other than sections 113 and 114 of 
        this title and section 5333 of title 49) is not consistent with 
        the objectives of this section.
            ``(2) Repayments.--The requirements of this title or title 
        49 shall not apply to repayments from non-Federal sources to an 
        infrastructure bank from projects assisted by the bank. Such a 
        repayment shall not be considered to be Federal funds.
    ``(j) United States Not Obligated.--
            ``(1) In general.--The contribution of Federal funds to an 
        infrastructure bank established under this section shall not be 
        construed as a commitment, guarantee, or obligation on the part 
        of the United States to any third party. No third party shall 
        have any right against the United States for payment solely by 
        virtue of the contribution.
            ``(2) Statement.--Any security or debt financing instrument 
        issued by the infrastructure bank shall expressly state that 
        the security or instrument does not constitute a commitment, 
        guarantee, or obligation of the United States.
    ``(k) Management of Federal Funds.--Sections 3335 and 6503 of title 
31, United States Code, shall not apply to funds contributed under this 
section.
    ``(l) Program Administration.--
            ``(1) In general.--A State may expend not to exceed 2 
        percent of the Federal funds contributed to an infrastructure 
        bank established by the State under this section to pay the 
        reasonable costs of administering the bank.
            ``(2) Non-federal funds.--The limitation described in 
        paragraph (1) shall not apply to non-Federal funds.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

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

    CHAPTER 2--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

SEC. 1311. SHORT TITLE.

    This chapter may be cited as the ``Transportation Infrastructure 
Finance and Innovation Act of 1997''.

SEC. 1312. FINDINGS.

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

SEC. 1313. DEFINITIONS.

    In this chapter:
            (1) Eligible project costs.--The term ``eligible project 
        costs'' means amounts substantially all of which are paid by, 
or for the account of, an obligor in connection with a project, 
including the cost of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, preliminary 
                engineering and design work, and other preconstruction 
                activities;
                    (B) construction, reconstruction, rehabilitation, 
                replacement, and acquisition of real property 
                (including land related to the project and improvements 
                to land), environmental mitigation, construction 
                contingencies, and acquisition of equipment; and
                    (C) interest during construction, reasonably 
                required reserve funds, capital issuance expenses, and 
                other carrying costs during construction.
            (2) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan, loan guarantee, or line of 
        credit authorized to be made available under this chapter with 
        respect to a project.
            (3) Lender.--The term ``lender'' means any non-Federal 
        qualified institutional buyer (as defined in section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation), known as Rule 144A(a) of the Securities 
        and Exchange Commission and issued under the Securities Act of 
        1933 (15 U.S.C. 77a et seq.)), including--
                    (A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    (B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            (4) Line of credit.--The term ``line of credit'' means an 
        agreement entered into by the Secretary with an obligor under 
        section 1316 to provide a direct loan at a future date upon the 
        occurrence of certain events.
            (5) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Secretary to pay all or part 
        of the principal of and interest on a loan or other debt 
        obligation issued by an obligor and funded by a lender.
            (6) Local servicer.--The term ``local servicer'' means--
                    (A) a State infrastructure bank established under 
                title 23, United States Code; or
                    (B) a State or local government or any agency of a 
                State or local government that is responsible for 
                servicing a Federal credit instrument on behalf of the 
                Secretary.
            (7) Obligor.--The term ``obligor'' means a party primarily 
        liable for payment of the principal of or interest on a Federal 
        credit instrument, which party may be a corporation, 
        partnership, joint venture, trust, or governmental entity, 
        agency, or instrumentality.
            (8) Project.--The term ``project'' means any surface 
        transportation project eligible for Federal assistance under 
        title 23 or chapter 53 of title 49, United States Code.
            (9) Project obligation.--The term ``project obligation'' 
        means any note, bond, debenture, or other debt obligation 
        issued by an obligor in connection with the financing of a 
        project, other than a Federal credit instrument.
            (10) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under section 1315.
            (11) State.--The term ``State'' has the meaning given the 
        term in section 101 of title 23, United States Code.
            (12) Substantial completion.--The term ``substantial 
        completion'' means the opening of a project to vehicular or 
        passenger traffic.

SEC. 1314. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility.--To be eligible to receive financial assistance 
under this chapter, a project shall meet the following criteria:
            (1) Inclusion in transportation plans and programs.--The 
        project--
                    (A) shall be included in the State transportation 
                plan required under section 135 of title 23, United 
                States Code; and
                    (B) at such time as an agreement to make available 
                a Federal credit instrument is entered into under this 
                chapter, shall be included in the approved State 
                transportation improvement program required under 
                section 134 of that title.
            (2) Application.--A State, a local servicer identified 
        under section 1317(a), or the entity undertaking the project 
        shall submit a project application to the Secretary.
            (3) Eligible project costs.--
                    (A) In general.--Except as provided in subparagraph 
                (B), to be eligible for assistance under this chapter, 
                a project shall have eligible project costs that are 
                reasonably anticipated to equal or exceed the lesser 
                of--
                            (i) $100,000,000; or
                            (ii) 50 percent of the amount of Federal-
                        aid highway funds apportioned for the most 
                        recently-completed fiscal year under title 23, 
                        United States Code, to the State in which the 
                        project is located.
                    (B) Intelligent transportation system projects.--In 
                the case of a project involving the installation of an 
                intelligent transportation system, eligible project 
                costs shall be reasonably anticipated to equal or 
                exceed $30,000,000.
            (4) Dedicated revenue sources.--Project financing shall be 
        repayable in whole or in part by user charges or other 
        dedicated revenue sources.
            (5) Public sponsorship of private entities.--In the case of 
        a project that is undertaken by an entity that is not a State 
        or local government or an agency or instrumentality of a State 
        or local government, the project that the entity is undertaking 
        shall be publicly sponsored as provided in paragraphs (1) and 
        (2).
    (b) Selection Among Eligible Projects.--
            (1) Establishment.--The Secretary shall establish criteria 
        for selecting among projects that meet the eligibility criteria 
        specified in subsection (a).
            (2) Selection criteria.--The selection criteria shall 
        include the following:
                    (A) The extent to which the project is nationally 
                or regionally significant, in terms of generating 
                economic benefits, supporting international commerce, 
                or otherwise enhancing the national transportation 
                system.
                    (B) The creditworthiness of the project, including 
                a determination by the Secretary that any financing for 
                the project has appropriate security features, such as 
                a rate covenant, to ensure repayment. The Secretary 
                shall require each project applicant to provide a 
                preliminary rating opinion letter from a nationally 
                recognized bond rating agency.
                    (C) The extent to which assistance under this 
                chapter would foster innovative public-private 
                partnerships and attract private debt or equity 
                investment.
                    (D) The likelihood that assistance under this 
                chapter would enable the project to proceed at an 
                earlier date than the project would otherwise be able 
                to proceed.
                    (E) The extent to which the project uses new 
                technologies, including intelligent transportation 
                systems, that enhance the efficiency of the project.
                    (F) The amount of budget authority required to fund 
                the Federal credit instrument made available under this 
                chapter.
    (c) Federal Requirements.--The following provisions of law shall 
apply to funds made available under this chapter and projects assisted 
with the funds:
        <DELETED>    (1) Section 113 of title 23, United States 
        Code.</DELETED>
            (2)</DELETED> (1) Title VI of the Civil Rights Act of 1964 
        (42 U.S.C. 2000d et seq.).
            <DELETED>(3)</DELETED> (2) The National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            <DELETED>(4)</DELETED> (3) The Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act of 1970 
        (42 U.S.C. 4601 et seq.).
        <DELETED>    (5) Section 5333 of title 49, United States 
        Code.</DELETED>

SEC. 1315. SECURED LOANS.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) and (3), the 
        Secretary may enter into agreements with 1 or more obligors to 
        make secured loans, the proceeds of which shall be used--
                    (A) to finance eligible project costs; or
                    (B) to refinance interim construction financing of 
                eligible project costs;
        of any project selected under section 1314.
            (2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B) later 
        than 1 year after the date of substantial completion of the 
        project.
            (3) Authorization period.--The Secretary may enter into a 
        loan agreement during any of fiscal years 1998 through 2003.
    (b) Terms and Limitations.--
            (1) In general.--A secured loan under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines appropriate.
            (2) Maximum amount.--The amount of the secured loan shall 
        not exceed 33 percent of the reasonably anticipated eligible 
        project costs.
            (3) Payment.--The secured loan--
                    (A) shall be payable, in whole or in part, from 
                revenues generated by any rate covenant, coverage 
                requirement, or similar security feature supporting the 
                project obligations or from a dedicated revenue stream; 
                and
                    (B) may have a lien on revenues described in 
                subparagraph (A) subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on the secured loan 
        shall be equal to the yield on marketable United States 
        Treasury securities of a similar maturity to the maturity of 
        the secured loan on the date of execution of the loan 
        agreement.
            (5) Maturity date.--The final maturity date of the secured 
        loan shall be not later than 35 years after the date of 
        substantial completion of the project.
            (6) Nonsubordination.--The secured loan shall not be 
        subordinated to the claims of any holder of project obligations 
        in the event of bankruptcy, insolvency, or liquidation of the 
        obligor.
            (7) Fees.--The Secretary may establish fees at a level 
        sufficient to cover the costs to the Federal Government of 
        making a secured loan under this section.
    (c) Repayment.--
            (1) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan under this section based on the 
        projected cash flow from project revenues and other repayment 
        sources.
            (2) Commencement.--Scheduled loan repayments of principal 
        or interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            (3) Sources of repayment funds.--The sources of funds for 
        scheduled loan repayments under this section shall include 
        tolls, user fees, or other dedicated revenue sources.
            (4) Deferred payments.--
                    (A) Authorization.--If, at any time during the 10 
                years after the date of substantial completion of the 
                project, the project is unable to generate sufficient 
                revenues to pay scheduled principal and interest on the 
                secured loan, the Secretary may, pursuant to 
                established criteria for the project agreed to by the 
                entity undertaking the project and the Secretary, allow 
                the obligor to add unpaid principal and interest to the 
                outstanding balance of the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the loan beginning not later 
                        than 10 years after the date of substantial 
                        completion of the project in accordance with 
                        paragraph (1).
            (5) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan without penalty.
                    (B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                the proceeds of refinancing from non-Federal funding 
                sources.
    (d) Sale of Secured Loans.--As soon as practicable after 
substantial completion of a project, the Secretary shall sell to 
another entity or reoffer into the capital markets a secured loan for 
the project if the Secretary determines that the sale or reoffering can 
be made on favorable terms.
    (e) Loan Guarantees.--
            (1) In general.--The Secretary may provide a loan guarantee 
        to a lender in lieu of making a secured loan if the Secretary 
        determines that the budgetary cost of the loan guarantee is 
        substantially the same as that of a secured loan.
            (2) Terms.--The terms of a guaranteed loan shall be 
        consistent with the terms set forth in this section for a 
        secured loan, except that the rate on the guaranteed loan and 
        any prepayment features shall be negotiated between the obligor 
        and the lender, with the consent of the Secretary.

SEC. 1316. LINES OF CREDIT.

    (a) In General.--
            (1) Agreements.--The Secretary may enter into agreements to 
        make available lines of credit to 1 or more obligors in the 
        form of direct loans to be made by the Secretary at future 
        dates on the occurrence of certain events for any project 
        selected under section 1314.
            (2) Use of proceeds.--The proceeds of a line of credit made 
        available under this section shall be available to pay debt 
        service on project obligations issued to finance eligible 
        project costs, extraordinary repair and replacement costs, 
        operation and maintenance expenses, and costs associated with 
        unexpected Federal or State environmental restrictions.
    (b) Terms and Limitations.--
            (1) In general.--A line of credit under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines appropriate.
            (2) Maximum amounts.--
                    (A) Total amount.--The total amount of the line of 
                credit shall not exceed 33 percent of the reasonably 
                anticipated eligible project costs.
                    (B) One-year draws.--The amount drawn in any 1 year 
                shall not exceed 20 percent of the total amount of the 
                line of credit.
            (3) Draws.--Any draw on the line of credit shall represent 
        a direct loan and shall be made only if net revenues from the 
        project (including capitalized interest, any debt service 
        reserve fund, and any other available reserve) are insufficient 
        to pay <DELETED>debt service on project obligations</DELETED> 
        the costs specified in subsection (a)(2).
            (4) Interest rate.--The interest rate on a direct loan 
        resulting from a draw on the line of credit shall be 
        <DELETED>equal to</DELETED> not less than the yield on 30-year 
        marketable United States Treasury securities as of the date on 
        which the line of credit is obligated.
            (5) Security.--The line of credit--
                    (A) shall be made available only in connection with 
                a project obligation secured, in whole or in part, by a 
                rate covenant, coverage requirement, or similar 
                security feature or from a dedicated revenue stream; 
                and
                    (B) may have a lien on revenues described in 
                subparagraph (A) subject to any lien securing project 
                obligations.
            (6) Period of availability.--The line of credit shall be 
        available during the period beginning on the date of 
        substantial completion of the project and ending not later than 
        10 years after that date.
            (7) Rights of third party creditors.--
                    (A) Against federal government.--A third party 
                creditor of the obligor shall not have any right 
                against the Federal Government with respect to any draw 
                on the line of credit.
                    (B) Assignment.--An obligor may assign the line of 
                credit to 1 or more lenders or to a trustee on the 
                lenders' behalf.
            (8) Nonsubordination.--A direct loan under this section 
        shall not be subordinated to the claims of any holder of 
        project obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor.
            (9) Fees.--The Secretary may establish fees at a level 
        sufficient to cover the costs to the Federal Government of 
        providing a line of credit under this section.
            (10) Relationship to other credit instruments.--A line of 
        credit under this section shall not be issued for a project 
        with respect to which another Federal credit instrument under 
        this chapter is made available.
    (c) Repayment.--
            (1) Schedule.--The Secretary shall establish a repayment 
        schedule for each direct loan under this section based on the 
        projected cash flow from project revenues and other repayment 
        sources.
            (2) Timing.--All scheduled repayments of principal or 
        interest on a direct loan under this section shall commence not 
        later than 5 years after <DELETED>substantial completion of the 
        project</DELETED> the end of the period of availability 
        specified in subsection (b)(6) and be fully repaid, with 
        interest, by the date that is <DELETED>20</DELETED> 25 years 
        after the end of the period of availability specified in 
        subsection (b)(6).
            (3) Sources of repayment funds.--The sources of funds for 
        scheduled loan repayments under this section shall include 
        tolls, user fees, or other dedicated revenue sources.

SEC. 1317. PROJECT SERVICING.

    (a) Requirement.--The State in which a project that receives 
financial assistance under this chapter is located may identify a local 
servicer to assist the Secretary in servicing the Federal credit 
instrument made available under this chapter.
    (b) Agency; Fees.--If a State identifies a local servicer under 
subsection (a), the local servicer--
            (1) shall act as the agent for the Secretary; and
            (2) may receive a servicing fee, subject to approval by the 
        Secretary.
    (c) Liability.--A local servicer identified under subsection (a) 
shall not be liable for the obligations of the obligor to the Secretary 
or any lender.
    (d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms in the field of municipal and project finance 
to assist in the underwriting and servicing of Federal credit 
instruments.

SEC. 1318. OFFICE OF INFRASTRUCTURE FINANCE.

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

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

SEC. 1319. STATE AND LOCAL PERMITS.

    The provision of financial assistance under this chapter with 
respect to a project shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            (2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 1320. REGULATIONS.

    The Secretary may issue such regulations as the Secretary 
determines appropriate to carry out this chapter and the amendments 
made by this chapter.

SEC. 1321. FUNDING.

    (a) Authorization of Contract Authority.--
            (1) In general.--There shall be available from the Highway 
        Trust Fund (other than the Mass Transit Account) to carry out 
        this chapter--
                    (A) $60,000,000 for fiscal year 1998;
                    (B) $60,000,000 for fiscal year 1999;
                    (C) $90,000,000 for fiscal year 2000;
                    (D) $90,000,000 for fiscal year 2001;
                    (E) <DELETED>$100,000,000</DELETED> $115,000,000 
                for fiscal year 2002; and
                    (F) <DELETED>$100,000,000</DELETED> $115,000,000 
                for fiscal year 2003.
            (2) Administrative costs.--From funds made available under 
        paragraph (1), the Secretary may use, for the administration of 
        this chapter, not more than $2,000,000 for each of fiscal years 
        1998 through 2003.
            (3) Availability.--Amounts made available under paragraph 
        (1) shall remain available until expended.
    (b) Contract Authority.--
            (1) In general.--Notwithstanding any other provision of 
        law, approval by the Secretary of a Federal credit instrument 
        that uses funds made available under this chapter shall be 
        deemed to be acceptance by the United States of a contractual 
        obligation to fund the Federal credit instrument.
            (2) Availability.--Amounts authorized under this section 
        for a fiscal year shall be available for obligation on October 
        1 of the fiscal year.
    (c) Limitations on Credit Amounts.--For each of fiscal years 1998 
through 2003, principal amounts of Federal credit instruments made 
available under this chapter shall be limited to the amounts specified 
in the following table:

  
                                                         Maximum amount
Fiscal year:
                                                             of credit:
  1998...............................................   $1,200,000,000 
  1999...............................................   $1,200,000,000 
  2000...............................................   $1,800,000,000 
  2001...............................................   $1,800,000,000 
  2002...............................................   $2,000,000,000 
  2003...............................................   $2,000,000,000.

SEC. 1322. REPORT TO CONGRESS.

    Not later than 4 years after the date of enactment of this Act, the 
Secretary shall submit to Congress a report summarizing the financial 
performance of the projects that are receiving, or have received, 
assistance under this chapter, including a recommendation as to whether 
the objectives of this chapter are best served--
            (1) by continuing the program under the authority of the 
        Secretary;
            (2) by establishing a Government corporation or Government-
        sponsored enterprise to administer the program; or
            (3) by phasing out the program and relying on the capital 
        markets to fund the types of infrastructure investments 
        assisted by this chapter without Federal participation.

                           Subtitle D--Safety

SEC. 1401. OPERATION LIFESAVER.

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

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

    Section 104(d) of title 23, United States Code, is amended by 
striking paragraphs (2) and (3) and inserting the following:
            ``(2) Railway-highway crossing hazard elimination in high 
        speed rail corridors.--
                    ``(A) In general.--Before making an apportionment 
                of funds under subsection (b)(3) for a fiscal year, the 
                Secretary shall set aside $5,000,000 of the funds 
                authorized to be appropriated for the surface 
                transportation program for the fiscal year for 
                elimination of hazards of railway-highway crossings.
                    ``(B) Eligible corridors.--Funds made available 
                under subparagraph (A) shall be expended for projects 
                in--
                            ``(i) 5 railway corridors selected by the 
                        Secretary in accordance with this subsection 
                        (as in effect on the day before the date of 
                        enactment of this clause); and
                            ``(ii) 3 railway corridors selected by the 
                        Secretary in accordance with subparagraphs (C) 
                        and (D).
                    ``(C) Required inclusion of high speed rail 
                lines.--A corridor selected by the Secretary under 
                subparagraph <DELETED>(A)</DELETED> (B) shall include 
                rail lines where railroad speeds of 90 miles or more 
                per hour are occurring or can reasonably be expected to 
                occur in the future.
                    ``(D) Considerations in corridor selection.--In 
                selecting corridors under subparagraph <DELETED>(A)</DELETED> 
                (B), the Secretary shall consider--
                            ``(i) projected rail ridership volume in 
                        each corridor;
                            ``(ii) the percentage of each corridor over 
                        which a train will be capable of operating at 
                        its maximum cruise speed taking into account 
                        such factors as topography and other traffic on 
                        the line;
                            ``(iii) projected benefits to nonriders 
                        such as congestion relief on other modes of 
                        transportation serving each corridor (including 
                        congestion in heavily traveled air passenger 
                        corridors);
                            ``(iv) the amount of State and local 
                        financial support that can reasonably be 
                        anticipated for the improvement of the line and 
                        related facilities; and
                            ``(v) the cooperation of the owner of the 
                        right-of-way that can reasonably be expected in 
                        the operation of high speed rail passenger 
                        service in each corridor.''.

SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.

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

SEC. 1404. HAZARD ELIMINATION PROGRAM.

    (a) In General.--Section 152 of title 23, United States Code, is 
amended--
            (1) in subsection (a), by inserting ``, bicyclists,'' after 
        ``motorists'';
            (2) in subsection (b), by striking ``highway safety 
        improvement project'' and inserting ``safety improvement 
        project, including a project described in subsection (a)''; and
            (3) in subsection (c), by striking ``on any public road 
        (other than a highway on the Interstate System).'' and 
        inserting the following: ``on--
            ``(1) any public road;
            ``(2) any public transportation vehicle or facility, any 
        publicly owned bicycle or pedestrian pathway or trail, or any 
        other facility that the Secretary determines to be appropriate; 
        or
            ``(3) any traffic calming measure.''.
    (b) Conforming Amendments.--
            (1) Section 101(a) of title 23, United States Code, is 
        amended--
                    (A) in the undesignated paragraph defining 
                ``highway safety improvement project'', by striking 
                ``highway safety'' and inserting ``safety''; and
                    (B) by moving that undesignated paragraph to appear 
                before the undesignated paragraph defining 
                ``Secretary''.
            (2) Section 152 of title 23, United States Code, is amended 
        in subsections (f) and (g) by striking ``highway safety 
        improvement projects'' each place it appears and inserting 
        ``safety improvement projects''.

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

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 1301(a)), is amended by adding at the end the 
following:
``Sec. 163. Minimum penalties for repeat offenders for driving while 
              intoxicated or driving under the influence
    ``(a) Definitions.--In this section:
            ``(1) Alcohol concentration.--The term `alcohol 
        concentration' means grams of alcohol per 100 milliliters of 
        blood or grams of alcohol per 210 liters of breath.
            ``(2) Driving while intoxicated; driving under the 
        influence.--The terms `driving while intoxicated' and `driving 
        under the influence' mean driving or being in actual physical 
        control of a motor vehicle while having an alcohol 
        concentration above the permitted limit as established by each 
        State.
            ``(3) License suspension.--The term `license suspension' 
        means the suspension of all driving privileges.
            ``(4) Motor vehicle.--The term `motor vehicle' means a 
        vehicle driven or drawn by mechanical power and manufactured 
        primarily for use on public highways, but does not include a 
        vehicle operated solely on a rail line or a commercial vehicle.
            ``(5) Repeat intoxicated driver law.--The term `repeat 
        intoxicated driver law' means a State law that provides, as a 
        minimum penalty, that an individual convicted of a second or 
        subsequent offense for driving while intoxicated or driving 
        under the influence within 5 years after a conviction for that 
        offense whose alcohol concentration with respect to the second 
        or subsequent offense was determined on the basis of a chemical 
        test to be equal to or greater than 0.15 shall receive--
                    ``(A) a license suspension for not less than 1 
                year;
                    ``(B) an assessment of the individual's degree of 
                abuse of alcohol and treatment as appropriate; and
                    ``(C) either--
                            ``(i) an assignment of 30 days of community 
                        service; or
                            ``(ii) 5 days of imprisonment.
    ``(b) Transfer of Funds.--
            ``(1) Fiscal years 2001 and 2002.--
                    ``(A) In general.--On October 1, 2000, and October 
                1, 2001, if a State has not enacted or is not enforcing 
                a repeat intoxicated driver law, the Secretary shall 
                transfer an amount equal to 1\1/2\ percent of the funds 
                apportioned to the State on that date under paragraphs 
                (1) and (3) of section 104(b) to the apportionment of 
                the State under section 402 to be used for alcohol-
                impaired driving programs.
                    ``(B) Derivation of amount to be transferred.--An 
                amount transferred under subparagraph (A) may be 
                derived--
                            ``(i) from the apportionment of the State 
                        under section 104(b)(1);
                            ``(ii) from the apportionment of the State 
                        under section 104(b)(3); or
                            ``(iii) partially from the apportionment of 
                        the State under section 104(b)(1) and partially 
                        from the apportionment of the State under 
                        section 104(b)(3).
            ``(2) Fiscal year 2003 and fiscal years thereafter.--On 
        October 1, 2002, and each October 1 thereafter, if a State has 
        not enacted or is not enforcing a repeat intoxicated driver 
        law, the Secretary shall transfer 3 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1) and (3) of section 104(b) to the apportionment of the State 
        under section 402 to be used for alcohol-impaired driving 
        programs.
            ``(3) Federal share.--The Federal share of the cost of a 
        project carried out under section 402 with funds transferred 
        under paragraph (1) or (2) shall be 100 percent.
            ``(4) Transfer of obligation authority.--
                    ``(A) In general.--If the Secretary transfers under 
                this subsection any funds to the apportionment of a 
                State under section 402 for a fiscal year, the 
                Secretary shall transfer an amount, determined under 
                subparagraph (B), of obligation authority distributed 
                for the fiscal year to the State for Federal-aid 
                highways and highway safety construction programs for 
                carrying out projects under section 402.
                    ``(B) Amount.--The amount of obligation authority 
                referred to in subparagraph (A) shall be determined by 
                multiplying--
                            ``(i) the amount of funds transferred under 
                        subparagraph (A) to the apportionment of the 
                        State under section 402 for the fiscal year; by
                            ``(ii) the ratio that--
                                    ``(I) the amount of obligation 
                                authority distributed for the fiscal 
                                year to the State for Federal-aid 
                                highways and highway safety 
                                construction programs; bears to
                                    ``(II) the total of the sums 
                                apportioned to the State for Federal-
                                aid highways and highway safety 
                                construction programs (excluding sums 
                                not subject to any obligation 
                                limitation) for the fiscal year.
            ``(5) Limitation on applicability of highway safety 
        obligations.--Notwithstanding any other provision of law, no 
        limitation on the total of obligations for highway safety 
        programs under section 402 shall apply to funds transferred 
        under this subsection to the apportionment of a State under 
        that section.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 1301(b)), is amended by 
adding at the end the following:

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

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

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 1405(a)), is amended by adding at the end the 
following:
``Sec. 164. Safety incentive grants for use of seat belts
    ``(a) Definitions.--In this section:
            ``(1) Motor vehicle.--The term `motor vehicle' means a 
        vehicle driven or drawn by mechanical power and manufactured 
        primarily for use on public highways, but does not include a 
        vehicle operated solely on a rail line.
            ``(2) Multipurpose passenger motor vehicle.--The term 
        `multipurpose passenger motor vehicle' means a motor vehicle 
        with motive power (except a trailer), designed to carry not 
        more than 10 individuals, that is constructed on a truck 
        chassis or is constructed with special features for occasional 
        off-road operation.
            ``(3) National average seat belt use rate.--The term 
        `national average seat belt use rate' means, in the case of 
        each of calendar years 1995 through 2001, the national average 
        seat belt use rate for that year, as determined by the 
        Secretary.
            ``(4) Passenger car.--The term `passenger car' means a 
        motor vehicle with motive power (except a multipurpose 
        passenger motor vehicle, motorcycle, or trailer) designed to 
        carry not more than 10 individuals.
            ``(5) Passenger motor vehicle.--The term `passenger motor 
        vehicle' means a passenger car or a multipurpose passenger 
        motor vehicle.
            ``(6) Savings to the federal government.--The term `savings 
        to the Federal Government' means the amount of Federal budget 
        savings relating to Federal medical costs (including savings 
        under the medicare and medicaid programs under titles XVIII and 
        XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as 
        determined by the Secretary.
            ``(7) Seat belt.--The term `seat belt' means--
                    ``(A) with respect to an open-body passenger motor 
                vehicle, including a convertible, an occupant restraint 
                system consisting of a lap belt or a lap belt and a 
                detachable shoulder belt; and
                    ``(B) with respect to any other passenger motor 
                vehicle, an occupant restraint system consisting of 
                integrated lap and shoulder belts.
            ``(8) State seat belt use rate.--The term `State seat belt 
        use rate' means the rate of use of seat belts in passenger 
        motor vehicles in a State, as measured and submitted to the 
        Secretary--
                    ``(A) for each of calendar years 1995 through 1997, 
                by the State, as adjusted by the Secretary to ensure 
                national consistency in methods of measurement (as 
                determined by the Secretary); and
                    ``(B) for each of calendar years 1998 through 2001, 
                by the State in a manner consistent with the criteria 
                established by the Secretary under subsection (e).
    ``(b) Determinations by the Secretary.--Not later than 30 days 
after the date of enactment of this section, and not later than 
September 1 of each calendar year thereafter through September 1, 2002, 
the Secretary shall determine--
            ``(1)(A) which States had, for each of the previous 
        calendar years (referred to in this subsection as the `previous 
        calendar year') and the year preceding the previous calendar 
        year, a State seat belt use rate greater than the national 
        average seat belt use rate for that year; and
            ``(B) in the case of each State described in subparagraph 
        (A), the amount that is equal to the savings to the Federal 
        Government due to the amount by which the State seat belt use 
        rate for the previous calendar year exceeds the national 
        average seat belt use rate for that year; and
            ``(2) in the case of each State that is not a State 
        described in paragraph (1)(A)--
                    ``(A) the base seat belt use rate of the State, 
                which shall be equal to the highest State seat belt use 
                rate for the State for any calendar year during the 
                period of 1995 through the calendar year preceding the 
                previous calendar year; and
                    ``(B) the amount that is equal to the savings to 
                the Federal Government due to any increase in the State 
                seat belt use rate for the previous calendar year over 
                the base seat belt use rate determined under 
                subparagraph (A).
    ``(c) Allocations.--
            ``(1) States with greater than the national average seat 
        belt use rate.--Not later than 30 days after the date of 
        enactment of this section, and not later than each October 1 
        thereafter through October 1, 2002, the Secretary shall 
        allocate to each State described in subsection (b)(1)(A) an 
        amount equal to the amount determined for the State under 
        subsection (b)(1)(B).
            ``(2) Other states.--Not later than 30 days after the date 
        of enactment of this section, and not later than each October 1 
        thereafter through October 1, 2002, the Secretary shall 
        allocate to each State described in subsection (b)(2) an amount 
        equal to the amount determined for the State under subsection 
        (b)(2)(B).
    ``(d) Use of Funds.--For each fiscal year, each State that is 
allocated an amount under this section shall use the amount for 
projects eligible for assistance under this title.
    ``(e) Criteria.--Not later than 180 days after the date of 
enactment of the Intermodal Surface Transportation Efficiency Act of 
1997, the Secretary shall establish criteria for the measurement of 
State seat belt use rates by States to ensure that the measurements are 
accurate and representative.
    ``(f) Funding.--
            ``(1) Authorization of contract authority.--There shall be 
        available from the Highway Trust Fund (other than the Mass 
        Transit Account) to carry out this section $60,000,000 for 
        fiscal year 1998, $70,000,000 for fiscal year 1999, $80,000,000 
        for fiscal year 2000, $90,000,000 for fiscal year 2001, and 
        $100,000,000 for each of fiscal years 2002 and 2003.
            ``(2) Proportionate adjustment.--If the total amounts to be 
        allocated under subsection (c) for any fiscal year would exceed 
        the amounts authorized for the fiscal year under paragraph (1), 
        the allocation to each State under subsection (c) shall be 
        reduced proportionately.
            ``<DELETED>(2)</DELETED> (3) Use of unallocated funds.--To 
        the extent that the amounts made available for any fiscal year 
        under paragraph (1) exceed the total amounts to be allocated 
        under subsection (c) for the fiscal year, the excess amounts--
                    ``(A) shall be apportioned in accordance with 
                section 104(b)(3);
                    ``(B) shall be considered to be sums made available 
                for expenditure on the surface transportation program, 
                except that the amounts shall not be subject to section 
                133(d); and
                    ``(C) shall be available for any purpose eligible 
                for funding under section 133.
            ``<DELETED>(3)</DELETED> (4) Administrative expenses.--Not 
        more than 2 percent of the funds made available to carry out 
        this section may be used to pay the necessary administrative 
        expenses incurred in carrying out this section.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 1405(b)), is amended by 
adding at the end the following:

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

SEC. 1407. AUTOMATIC CRASH PROTECTION UNBELTED TESTING STANDARD.

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

                        Subtitle E--Environment

SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.

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

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

SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.

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

SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.

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

                          Subtitle F--Planning

SEC. 1601. METROPOLITAN PLANNING.

    (a) In General.--Section 134 of title 23, United States Code, is 
amended to read as follows:
``Sec. 134. Metropolitan planning
    ``(a) General Requirements.--
            ``(1) Findings.--Congress finds that it is in the national 
        interest to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight within and through urbanized areas, while 
        minimizing transportation-related fuel consumption and air 
        pollution.
            ``(2) Development of plans and programs.--To accomplish the 
        objective stated in paragraph (1), metropolitan planning 
        organizations designated under subsection (b), in cooperation 
        with the State and public transit operators, shall develop 
        transportation plans and programs for urbanized areas of the 
        State.
            ``(3) Contents.--The plans and programs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation systems 
        and facilities (including pedestrian walkways and bicycle 
        transportation facilities) that will function as an intermodal 
        transportation system for the metropolitan area and as an 
        integral part of an intermodal transportation system for the 
        State and the United States.
            ``(4) Process.--The process for developing the plans and 
        programs shall provide for consideration of all modes of 
        transportation and shall be continuing, cooperative, and 
        comprehensive to the degree appropriate, based on the 
        complexity of the transportation problems to be addressed.
    ``(b) Designation of Metropolitan Planning Organizations.--
            ``(1) In general.--To carry out the transportation planning 
        process required by this section, a metropolitan planning 
        organization shall be designated for each urbanized area with a 
        population of more than 50,000 individuals--
                    ``(A) by agreement between the Governor and units 
                of general purpose local government that together 
                represent at least 75 percent of the affected 
                population (including the central city or cities as 
                defined by the Bureau of the Census); or
                    ``(B) in accordance with procedures established by 
                applicable State or local law.
            ``(2) Redesignation.--A metropolitan planning organization 
        may be redesignated by agreement between the Governor and units 
        of general purpose local government that together represent at 
        least 75 percent of the affected population (including the 
        central city or cities as defined by the Bureau of the Census) 
        as appropriate to carry out this section.
            ``(3) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning organization 
        may be designated within an existing metropolitan planning area 
        only if the Governor and the existing metropolitan planning 
        organization determine that the size and complexity of the 
        existing metropolitan planning area make designation of more 
        than 1 metropolitan planning organization for the area 
        appropriate.
            ``(4) Structure.--Each policy board of a metropolitan 
        planning organization that serves an area designated as a 
        transportation management area, when designated or redesignated 
        under this subsection, shall consist of--
                    ``(A) local elected officials;
                    ``(B) officials of public agencies that administer 
                or operate major modes of transportation in the 
                metropolitan area (including all transportation 
                agencies included in the metropolitan planning 
                organization as of June 1, 1991); and
                    ``(C) appropriate State officials.
            ``(5) Other authority.--Nothing in this subsection 
        interferes with the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities to--
                    ``(A) develop plans and programs for adoption by a 
                metropolitan planning organization; or
                    ``(B) develop long-range capital plans, coordinate 
                transit services and projects, and carry out other 
                activities under State law.
    ``(c) Metropolitan Planning Area Boundaries.--
            ``(1) In general.--For the purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the metropolitan planning organization and 
        the Governor.
            ``(2) Included area.--Each metropolitan planning area--
                    ``(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected to 
                become urbanized within a 20-year forecast period; and
                    ``(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of the 
                Census.
            ``(3) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the case of 
        an area designated as a nonattainment area for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the 
        boundaries of the metropolitan planning area in existence as of 
        the date of enactment of the Intermodal Surface Transportation 
        Efficiency Act of 1997, shall be retained, except that the 
        boundaries may be adjusted by agreement of the affected 
        metropolitan planning organizations and Governors in the manner 
        described in subsection (b)(2).
            ``(4) New metropolitan planning areas in nonattainment.--In 
        the case of an urbanized area designated after the date of 
        enactment of the Intermodal Surface Transportation Efficiency 
        Act of 1997 as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning area--
                    ``(A) shall be established by agreement between the 
                appropriate units of general purpose local government 
                (including the central city) and the Governor;
                    ``(B) shall encompass at least the urbanized area 
                and the contiguous area expected to become urbanized 
                within a 20-year forecast period;
                    ``(C) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of the 
                Census; and
                    ``(D) may address any nonattainment area identified 
                under the Clean Air Act (42 U.S.C. 7401 et seq.) for 
                ozone or carbon monoxide.
    ``(d) Coordination in Multistate Areas.--
            ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a multistate 
        metropolitan area and the appropriate metropolitan planning 
        organizations to provide coordinated transportation planning 
        for the entire metropolitan area.
            ``(2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                    ``(A) to enter into agreements or compacts, not in 
                conflict with any law of the United States, for 
                cooperative efforts and mutual assistance in support of 
                activities authorized under this section as the 
                activities pertain to interstate areas and localities 
                within the States; and
                    ``(B) to establish such agencies, joint or 
                otherwise, as the States may determine desirable for 
                making the agreements and compacts effective.
    ``(e) Coordination of Metropolitan Planning Organizations.--If more 
than 1 metropolitan planning organization has authority within a 
metropolitan planning area or an area that is designated as a 
nonattainment area for ozone or carbon monoxide under the Clean Air Act 
(42 U.S.C. 7401 et seq.), each such metropolitan planning organization 
shall consult with the other metropolitan planning organizations 
designated for the area and the State in the development of plans and 
programs required by this section.
    ``(f) Scope of Planning Process.--The metropolitan transportation 
planning process for a metropolitan area under this section shall 
consider<DELETED>, as appropriate,</DELETED> the following:
            ``(1) Supporting the economic vitality of the metropolitan 
        area, especially by enabling global competitiveness, 
        productivity, and efficiency.
            ``(2) Increasing the safety and security of the 
        transportation system for motorized and nonmotorized users.
            ``(3) Increasing the accessibility and mobility options 
        available to people and for freight.
        <DELETED>    ``(4) Protecting and enhancing the environment and 
        promoting energy conservation and improved quality of 
        life.</DELETED>
            ``(4) Protecting and enhancing the environment, promoting 
        energy conservation, and improving quality of life through land 
        use planning.
            ``(5) Enhancing the integration and connectivity of the 
        transportation system, across and between modes, for people and 
        freight.
            ``(6) Promoting efficient system management and operation.
            ``(7) Emphasizing the preservation of the existing 
        transportation system.
    ``(g) Development of Long-Range Transportation Plan.--
            ``(1) In general.--
                    ``(A) Development.--In accordance with this 
                subsection, each metropolitan planning organization 
                shall develop, and update periodically, according to a 
                schedule that the Secretary determines to be 
                appropriate, a long-range transportation plan for its 
                metropolitan area.
                    ``(B) Forecast period.--In developing long-range 
                transportation plans, the metropolitan planning process 
                shall address--
                            ``(i) the considerations under subsection 
                        (f); and
                            ``(ii) any State or local goals developed 
                        within the cooperative metropolitan planning 
                        process;
                as they relate to a 20-year forecast period and to 
                other forecast periods as determined by the 
                participants in the planning process.
                    ``(C) Funding estimates.--For the purpose of 
                developing the long-range transportation plan, the 
                State shall consult with the metropolitan planning 
                organization and each public transit agency in 
                developing estimates of funds that are reasonably 
                expected to be available to support plan 
                implementation.
            ``(2) Long-range transportation plan.--A long-range 
        transportation plan under this subsection shall, at a minimum, 
        contain--
                    ``(A) an identification of transportation 
                facilities (including major roadways and 
transit, multimodal, and intermodal facilities) that should function as 
a future integrated transportation system, giving emphasis to those 
facilities that serve important national, regional, and metropolitan 
transportation functions;
                    ``(B) an identification of transportation 
                strategies necessary to--
                            ``(i) ensure preservation, including 
                        requirements for management, operation, 
                        modernization, and rehabilitation, of the 
                        existing and future transportation system; and
                            ``(ii) make the most efficient use of 
                        existing transportation facilities to relieve 
                        congestion, to efficiently serve the mobility 
                        needs of people and goods, and to enhance 
                        access within the metropolitan planning area; 
                        and
                    ``(C) a financial plan that demonstrates how the 
                long-range transportation plan can be implemented, 
                indicates total resources from public and private 
                sources that are reasonably expected to be available to 
                carry out the plan (without any requirement for 
                indicating project-specific funding sources), and 
                recommends any additional financing strategies for 
                needed projects and programs.
            ``(3) Coordination with clean air act agencies.--In 
        metropolitan areas that are in nonattainment for ozone or 
        carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.), the metropolitan planning organization shall coordinate 
        the development of a long-range transportation plan with the 
        process for development of the transportation control measures 
        of the State implementation plan required by that Act.
            ``(4) Participation by interested parties.--Before adopting 
        a long-range transportation plan, each metropolitan planning 
        organization shall provide citizens, affected public agencies, 
        representatives of transportation agency employees, freight 
        shippers, private providers of transportation, and other 
        interested parties with a reasonable opportunity to comment on 
        the long-range transportation plan.
            ``(5) Publication of long-range transportation plan.--Each 
        long-range transportation plan prepared by a metropolitan 
        planning organization shall be--
                    ``(A) published or otherwise made readily available 
                for public review; and
                    ``(B) submitted for information purposes to the 
                Governor at such times and in such manner as the 
                Secretary shall establish.
    ``(h) Metropolitan Transportation Improvement Program.--
            ``(1) Development.--
                    ``(A) In general.--In cooperation with the State 
                and any affected public transit operator, the 
                metropolitan planning organization designated for a 
                metropolitan area shall develop a transportation 
                improvement program for the area for which the 
                organization is designated.
                    ``(B) Opportunity for comment.--In developing the 
                program, the metropolitan planning organization, in 
                cooperation with the State and any affected public 
                transit operator, shall provide citizens, affected 
                public agencies, representatives of transportation 
                agency employees, other affected employee 
                representatives, freight shippers, private providers of 
                transportation, and other interested parties with a 
                reasonable opportunity to comment on the proposed 
                program.
                    ``(C) Funding estimates.--For the purpose of 
                developing the transportation improvement program, the 
                metropolitan planning organization, public transit 
                agency, and State shall cooperatively develop estimates 
                of funds that are reasonably expected to be available 
                to support program implementation.
                    ``(D) Updating and approval.--The program shall be 
                updated at least once every 2 years and shall be 
                approved by the metropolitan planning organization and 
                the Governor.
            ``(2) Contents.--The transportation improvement program 
        shall include--
                    ``(A) a list, in order of priority, of proposed 
                federally supported <DELETED>surface transportation</DELETED> 
                projects and strategies to be carried out within each 
                3-year-period after the initial adoption of the 
                transportation improvement program; and
                    ``(B) a financial plan that--
                            ``(i) demonstrates how the transportation 
                        improvement program can be implemented;
                            ``(ii) indicates resources from public and 
                        private sources that are reasonably expected to 
                        be available to carry out the program (without 
                        any requirement for indicating project-specific 
                        funding sources); and
                            ``(iii) identifies innovative financing 
                        techniques to finance projects, programs, and 
                        strategies (without any requirement for 
                        indicating project-specific funding sources).
            ``(3) Included projects.--
                    ``(A) Chapter 1 and chapter 53 projects.--A 
                transportation improvement program developed under this 
                subsection for a metropolitan area shall include the 
                projects and strategies within the area that are 
                proposed for funding under chapter 1 of this title and 
                chapter 53 of title 49.
                    ``(B) Chapter 2 projects.--
                            ``(i) Regionally significant projects.--
                        Regionally significant projects proposed for 
                        funding under chapter 2 of this title shall be 
                        identified individually in the transportation 
                        improvement program.
                            ``(ii) Other projects.--Projects proposed 
                        for funding under chapter 2 of this title that 
                        are not determined to be regionally significant 
shall be grouped in 1 line item or identified individually in the 
transportation improvement program.
                    ``(C) Consistency with long-range transportation 
                plan.--Each project shall be consistent with the long-
                range transportation plan developed under subsection 
                (g) for the area.
                    ``(D) Requirement of anticipated full funding.--The 
                program shall include a project, or an identified phase 
                of a project, only if full funding can reasonably be 
                anticipated to be available for the project within the 
                time period contemplated for completion of the project.
            ``(4) Notice and comment.--Before approving a 
        transportation improvement program, a metropolitan planning 
        organization shall, in cooperation with the State and any 
        affected public transit operator, provide citizens, affected 
        public agencies, representatives of transportation agency 
        employees, private providers of transportation, and other 
        interested parties with reasonable notice of and an opportunity 
        to comment on the proposed program.
            ``(5) Selection of projects.--
                    ``(A) In general.--Except as otherwise provided in 
                subsection (i)(4) and in addition to the transportation 
                improvement program development required under 
                paragraph (1), the selection of federally funded 
                projects for implementation in metropolitan areas shall 
                be carried out, from the approved transportation 
                improvement program--
                            ``(i) by--
                                    ``(I) in the case of projects under 
                                chapter 1, the State; and
                                    ``(II) in the case of projects 
                                under chapter 53 of title 49, the 
                                designated transit funding recipients; 
                                and
                            ``(ii) in cooperation with the metropolitan 
                        planning organization.
                    ``(B) Modifications to project priority.--
                Notwithstanding any other provision of law, action by 
                the Secretary shall not be required to advance a 
                project included in the approved transportation 
                improvement program in place of another project of 
                higher priority in the program.
    ``(i) Transportation Management Areas.--
            ``(1) Designation.--
                    ``(A) Required designations.--The Secretary shall 
                designate as a transportation management area each 
                urbanized area with a population of over 200,000 
                individuals.
                    ``(B) Designations on request.--The Secretary shall 
                designate any additional area as a transportation 
                management area on the request of the Governor and the 
                metropolitan planning organization designated for the 
                area.
            ``(2) Transportation plans and programs.--Within a 
        transportation management area, transportation plans and 
        programs shall be based on a continuing and comprehensive 
        transportation planning process carried out by the metropolitan 
        planning organization in cooperation with the State and any 
        affected public transit operator.
            ``(3) Congestion management system.--Within a 
        transportation management area, the transportation planning 
        process under this section shall include a congestion 
        management system that provides for effective management of new 
        and existing transportation facilities eligible for funding 
        under this title and chapter 53 of title 49 through the use of 
        travel demand reduction and operational management strategies.
            ``(4) Selection of projects.--
                    ``(A) In general.--In addition to the 
                transportation improvement program development required 
                under subsection (h)(1), all federally funded projects 
                carried out within the boundaries of a transportation 
                management area under this title (excluding projects 
                carried out on the National Highway System) or under 
                chapter 53 of title 49 shall be selected for 
                implementation from the approved transportation 
                improvement program by the metropolitan planning 
                organization designated for the area in consultation 
                with the State and any affected public transit 
                operator.
                    ``(B) National highway system projects.--Projects 
                carried out within the boundaries of a transportation 
                management area on the National Highway System shall be 
                selected for implementation from the approved 
                transportation improvement program by the State in 
                cooperation with the metropolitan planning organization 
                designated for the area.
            ``(5) Certification.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) ensure that the metropolitan planning 
                        process in each transportation management area 
                        is being carried out in accordance with 
                        applicable provisions of Federal law; and
                            ``(ii) subject to subparagraph (B), 
                        certify, not less often than once every 3 
                        years, that the requirements of this paragraph 
                        are met with respect to the transportation 
                        management area.
                    ``(B) Requirements for certification.--The 
                Secretary may make the certification under subparagraph 
                (A) if--
                            ``(i) the transportation planning process 
                        complies with the requirements of this section 
                        and other applicable requirements of Federal 
                        law; and
                            ``(ii) there is a transportation 
                        improvement program for the area that has been 
                        approved by the metropolitan planning 
                        organization and the Governor.
                    ``(C) Effect of failure to certify.--
                            ``(i) Withholding of funds.--If a 
                        metropolitan planning process is not certified, 
                        the Secretary may withhold up to 20 percent of 
                        the apportioned funds attributable to the 
                        transportation management area under this title 
                        and chapter 53 of title 49.
                            ``(ii) Restoration of withheld funds.--The 
                        withheld apportionments shall be restored to 
                        the metropolitan area at such time as the 
                        metropolitan planning organization is certified 
                        by the Secretary.
                            ``(iii) Feasibility of private enterprise 
                        participation.--The Secretary shall not 
                        withhold certification under this paragraph 
                        based on the policies and criteria established 
                        by a metropolitan planning organization or 
                        transit grant recipient for determining the 
                        feasibility of private enterprise participation 
                        in accordance with section 5306(a) of title 49.
    ``(j) Abbreviated Plans and Programs for Certain Areas.--
            ``(1) In general.--Subject to paragraph (2), in the case of 
        a metropolitan area not designated as a transportation 
        management area under this section, the Secretary may provide 
        for the development of an abbreviated metropolitan 
        transportation plan and program that the Secretary determines 
        is appropriate to achieve the purposes of this section, taking 
        into account the complexity of transportation problems in the 
        area.
            ``(2) Nonattainment areas.--The Secretary may not permit 
        abbreviated plans or programs for a metropolitan area that is 
        in nonattainment for ozone or carbon monoxide under the Clean 
        Air Act (42 U.S.C. 7401 et seq.).
    ``(k) Additional Requirements for Certain Nonattainment Areas.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title or chapter 53 of title 49, in the case of a 
        transportation management area classified as nonattainment for 
        ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), Federal funds may not be programmed in the area 
        for any highway project that will result in a significant 
        increase in carrying capacity for single occupant vehicles 
        unless the project results from an approved congestion 
        management system.
            ``(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning area 
        boundaries determined under subsection (c).
    ``(l) Limitation.--Nothing in this section confers on a 
metropolitan planning organization the authority to impose any legal 
requirement on any transportation facility, provider, or project not 
eligible for assistance under this title or chapter 53 of title 49.
    ``(m) Funding.--
            ``(1) In general.--Funds set aside under section 104(f) of 
        this title and section 5303 of title 49 shall be available to 
        carry out this section.
            ``(2) Unused funds.--Any funds that are not used to carry 
        out this section may be made available by the metropolitan 
        planning organization to the State to fund activities under 
        section 135.''.
    (b) Technical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
134 and inserting the following:

``134. Metropolitan planning.''.

SEC. 1602. STATEWIDE PLANNING.

    Section 135 of title 23, United States Code, is amended to read as 
follows:
``Sec. 135. Statewide planning
    ``(a) General Requirements.--
            ``(1) Findings.--It is in the national interest to 
        encourage and promote the safe and efficient management, 
        operation, and development of surface transportation systems 
        that will serve the mobility needs of people and freight 
        throughout each State.
            ``(2) Development of plans and programs.--Subject to 
        section 134 of this title and sections 5303 through 5305 of 
        title 49, each State shall develop transportation plans and 
        programs for all areas of the State.
            ``(3) Contents.--The plans and programs for each State 
        shall provide for the development and integrated management and 
        operation of transportation systems (including pedestrian 
        walkways and bicycle transportation facilities) that will 
        function as an intermodal State transportation system and an 
        integral part of the intermodal transportation system of the 
        United States.
            ``(4) Process of development.--The process for developing 
        the plans and programs shall provide for consideration of all 
        modes of transportation and shall be continuing, cooperative, 
        and comprehensive to the degree appropriate, based on the 
        complexity of the transportation problems to be addressed.
    ``(b) Scope of Planning Process.--Each State shall carry out a 
transportation planning process that shall consider<DELETED>, as 
appropriate,</DELETED> the following:
            ``(1) Supporting the economic vitality of the United 
        States, the States, and metropolitan areas, especially by 
        enabling global competitiveness, productivity, and efficiency.
            ``(2) Increasing the safety and security of the 
        transportation system for motorized and nonmotorized users.
            ``(3) Increasing the accessibility and mobility options 
        available to people and for freight.
        <DELETED>    ``(4) Protecting and enhancing the environment and 
        promoting energy conservation and improved quality of 
        life.</DELETED>
            ``(4) Protecting and enhancing the environment, promoting 
        energy conservation, and improving quality of life through land 
        use planning.
            ``(5) Enhancing the integration and connectivity of the 
        transportation system, across and between modes throughout the 
        State, for people and freight.
            ``(6) Promoting efficient system management and operation.
            ``(7) Emphasizing the preservation of the existing 
        transportation system.
    ``(c) Coordination With Metropolitan Planning; State Implementation 
Plan.--In carrying out planning under this section, a State shall--
            ``(1) coordinate the planning with the transportation 
        planning activities carried out under section 134 for 
        metropolitan areas of the State; and
            ``(2) carry out the responsibilities of the State for the 
        development of the transportation portion of the State air 
        quality implementation plan to the extent required by the Clean 
        Air Act (42 U.S.C. 7401 et seq.).
    ``(d) Additional Requirements.--In carrying out planning under this 
section, each State shall, at a minimum, consider--
            ``(1) with respect to nonmetropolitan areas, the concerns 
        of local elected officials representing units of general 
        purpose local government;
            ``(2) the concerns of Indian tribal governments and Federal 
        land management agencies that have jurisdiction over land 
        within the boundaries of the State; and
            ``(3) coordination of transportation plans, programs, and 
        planning activities with related planning activities being 
        carried out outside of metropolitan planning areas.
    ``(e) Long-Range Transportation Plan.--
            ``(1) Development.--Each State shall develop a long-range 
        transportation plan, with a minimum 20-year forecast period, 
        for all areas of the State, that provides for the development 
        and implementation of the intermodal transportation system of 
        the State.
            ``(2) Consultation with governments.--
                    ``(A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the plan shall be 
                developed in cooperation with the metropolitan planning 
                organization designated for the metropolitan area under 
                section 134 of this title and section 5305 of title 49.
                    ``(B) Nonmetropolitan areas.--With respect to each 
                nonmetropolitan area, the plan shall be developed in 
                consultation with local elected officials representing 
                units of general purpose local government.
                    ``(C) Indian tribal areas.--With respect to each 
                area of the State under the jurisdiction of an Indian 
                tribal government, the plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
            ``(3) Participation by interested parties.--In developing 
        the plan, the State shall--
                    ``(A) provide citizens, affected public agencies, 
                representatives of transportation agency employees, 
                other affected employee representatives, freight 
                shippers, private providers of transportation, and 
                other interested parties with a reasonable opportunity 
                to comment on the proposed plan; and
                    ``(B) identify transportation strategies necessary 
                to efficiently serve the mobility needs of people.
    ``(f) State Transportation Improvement Program.--
            ``(1) Development.--
                    ``(A) In general.--The State shall develop a 
                transportation improvement program for all areas of the 
                State.
                    ``(B) Consultation with governments.--
                            ``(i) Metropolitan areas.--With respect to 
                        each metropolitan area in the State, the 
                        program shall be developed in cooperation with 
                        the metropolitan planning organization 
                        designated for the metropolitan area under 
                        section 134 of this title and section 5305 of 
                        title 49.
                            ``(ii) Nonmetropolitan areas.--With respect 
                        to each nonmetropolitan area in the State, the 
                        program shall be developed in consultation with 
                        units of general purpose local government.
                            ``(iii) Indian tribal areas.--With respect 
                        to each area of the State under the 
                        jurisdiction of an Indian tribal government, 
                        the program shall be developed in consultation 
                        with the tribal government and the Secretary of 
                        the Interior.
                    ``(C) Participation by interested parties.--In 
                developing the program, the Governor shall provide 
                citizens, affected public agencies, representatives of 
                transportation agency employees, other affected 
                employee representatives, freight shippers, private 
                providers of transportation, and other interested 
                parties with a reasonable opportunity to comment on the 
                proposed program.
            ``(2) Included projects.--
                    ``(A) In general.--A transportation improvement 
                program developed under this subsection for a State 
                shall include federally supported surface 
                transportation expenditures within the boundaries of 
                the State.
                    ``(B) Chapter 2 projects.--
                            ``(i) Regionally significant projects.--
                        Regionally significant projects proposed for 
                        funding under chapter 2 shall be identified 
                        individually.
                            ``(ii) Other projects.--Projects proposed 
                        for funding under chapter 2 that are not 
                        determined to be regionally significant shall 
                        be grouped in 1 line item or identified 
                        individually.
                    ``(C) Consistency with long-range transportation 
                plan.--Each project shall--
                            ``(i) be consistent with the long-range 
                        transportation plan developed under this 
                        section for the State;
                            ``(ii) be identical to the project as 
                        described in an approved metropolitan 
                        transportation improvement program; and
                            ``(iii) be in conformance with the 
                        applicable State air quality implementation 
                        plan developed under the Clean Air Act (42 
                        U.S.C. 7401 et seq.), if the project is carried 
                        out in an area designated as nonattainment for 
                        ozone or carbon monoxide under that Act.
                    ``(D) Requirement of anticipated full funding.--
                            ``(i) In general.--The program shall 
                        include a project, or an identified phase of a 
                        project, only if full funding can reasonably be 
                        anticipated to be available for the project 
                        within the time period contemplated for 
                        completion of the project.
                            ``(ii) Limitation.--Clause (i) does not 
                        require the indication of project-specific 
                        funding sources.
                    ``(E) Priorities.--The program shall reflect the 
                priorities for programming and expenditures of funds, 
                including transportation enhancements, required by this 
                title.
            ``(3) Project selection for areas of less than 50,000 
        population.--
                    ``(A) In general.--Projects carried out in areas 
                with populations of less than 50,000 individuals 
                (excluding projects carried out on the National Highway 
                System) shall be selected, from the approved statewide 
                transportation improvement program, by the State in 
                cooperation with the affected local officials.
                    ``(B) National highway system projects.--Projects 
                carried out in areas described in subparagraph (A) on 
                the National Highway System shall be selected, from the 
                approved statewide transportation improvement program, 
                by the State in consultation with the affected local 
                officials.
            ``(4) Biennial review and approval.--A transportation 
        improvement program developed under this subsection shall be 
        reviewed and, on a finding that the planning process through 
        which the program was developed is consistent with this section 
        and section 134, approved not less frequently than biennially 
        by the Secretary.
            ``(5) Modifications to project priority.--Notwithstanding 
        any other provision of law, action by the Secretary shall not 
        be required to advance a project included in the approved 
        statewide transportation improvement program in place of 
        another project of higher priority in the program.
    ``(g) Funding.--Funds set aside under section 505 of this title and 
section 5313(b) of title 49 shall be available to carry out this 
section.
    ``(h) Continuation of Current Review Practice.--Since plans and 
programs described in this section or section 134 are subject to a 
reasonable opportunity for public comment, since individual projects 
included in the plans and programs are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
since decisions by the Secretary concerning plans and programs 
described in this section have not been reviewed under that Act as of 
January 1, 1997, any decision by the Secretary concerning a plan or 
program described in this section or section 134 shall not be 
considered to be a Federal action subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

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

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

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

                   Subtitle G--Technical Corrections

SEC. 1701. FEDERAL-AID SYSTEMS.

    (a) In General.--Section 103 of title 23, United States Code, is 
amended to read as follows:
``Sec. 103. Federal-aid systems
    ``(a) In General.--For the purposes of this title, the Federal-aid 
systems are the Interstate System and the National Highway System.
    ``(b) National Highway System.--
            ``(1) Description.--The National Highway System consists of 
        an interconnected system of major routes and connectors that--
                    ``(A) serve major population centers, international 
                border crossings, ports, airports, public 
                transportation facilities, and other intermodal 
                transportation facilities and other major travel 
                destinations;
                    ``(B) meet national defense requirements; and
                    ``(C) serve interstate and interregional travel.
            ``(2) Components.--The National Highway System consists of 
        the following:
                    ``(A) The Interstate System described in subsection 
                (c).
                    ``(B) Other urban and rural principal arterial 
                routes.
                    ``(C) Other connector highways (including toll 
                facilities) that provide motor vehicle access between 
                arterial routes on the National Highway System and a 
                major intermodal transportation facility.
                    ``(D) A strategic highway network consisting of a 
                network of highways that are important to the United 
                States strategic defense policy and that provide 
                defense access, continuity, and emergency capabilities 
                for the movement of personnel, materials, and equipment 
                in both peacetime and wartime. The highways may be 
                highways on or off the Interstate System and shall be 
                designated by the Secretary in consultation with 
                appropriate Federal agencies and the States.
                    ``(E) Major strategic highway network connectors 
                consisting of highways that provide motor vehicle 
                access between major military installations and 
                highways that are part of the strategic highway 
                network. The highways shall be designated by the 
                Secretary in consultation with appropriate Federal 
                agencies and the States.
            ``(3) Maximum mileage.--The mileage of highways on the 
        National Highway System shall not exceed 178,250 miles.
            ``(4) Modifications to nhs.--
                    ``(A) In general.--The Secretary may make any 
                modification, including any modification consisting of 
                a connector to a major intermodal terminal, to the 
                National Highway System that is proposed by a State or 
                that is proposed by a State and revised by the 
                Secretary if the Secretary determines that the 
                modification--
                            ``(i) meets the criteria established for 
                        the National Highway System under this title; 
                        and
                            ``(ii) enhances the national transportation 
                        characteristics of the National Highway System.
                    ``(B) Cooperation.--
                            ``(i) In general.--In proposing a 
                        modification under this paragraph, a State 
                        shall cooperate with local and regional 
                        officials.
                            ``(ii) Urbanized areas.--In an urbanized 
                        area, the local officials shall act through the 
                        metropolitan planning organization designated 
                        for the area under section 134.
    ``(c) Interstate System.--
            ``(1) Description.--
                    ``(A) In general.--The Dwight D. Eisenhower 
                National System of Interstate and Defense Highways 
                within the United States (including the District of 
                Columbia and Puerto Rico), consists of highways--
                            ``(i) designed--
                                    ``(I) in accordance with the 
                                standards of section 109(b); or
                                    ``(II) in the case of highways in 
                                Alaska and Puerto Rico, in accordance 
                                with such geometric and construction 
                                standards as are adequate for current 
                                and probable future traffic demands and 
                                the needs of the locality of the 
                                highway; and
                            ``(ii) located so as--
                                    ``(I) to connect by routes, as 
                                direct as practicable, the principal 
                                metropolitan areas, cities, and 
                                industrial centers;
                                    ``(II) to serve the national 
                                defense; and
                                    ``(III) to the maximum extent 
                                practicable, to connect at suitable 
                                border points with routes of 
                                continental importance in Canada and 
                                Mexico.
                    ``(B) Selection of routes.--To the maximum extent 
                practicable, each route of the Interstate System shall 
                be selected by joint action of the State transportation 
                agencies of the State in which the route is located and 
                the adjoining States, in cooperation with local and 
                regional officials, and subject to the approval of the 
                Secretary.
            ``(2) Maximum mileage.--The mileage of highways on the 
        Interstate System shall not exceed 43,000 miles, exclusive of 
        designations under paragraph (4).
            ``(3) Modifications.--The Secretary may approve or require 
        modifications to the Interstate System in a manner consistent 
        with the policies and procedures established under this 
        subsection.
            ``(4) Interstate system designations.--
                    ``(A) Additions.--If the Secretary determines that 
                a highway on the National Highway System meets all 
                standards of a highway on the Interstate System and 
                that the highway is a logical addition or connection to 
                the Interstate System, the Secretary may, upon the 
                affirmative recommendation of the State or States in 
                which the highway is located, designate the highway as 
                a route on the Interstate System.
                    ``(B) Designations as future interstate system 
                routes.--
                            ``(i) In general.--If the Secretary 
                        determines that a highway on the National 
                        Highway System would be a logical addition or 
                        connection to the Interstate System and would 
                        qualify for designation as a route on the 
                        Interstate System under subparagraph (A), the 
                        Secretary may, upon the affirmative 
                        recommendation of the State or States in which 
                        the highway is located, designate the highway 
                        as a future Interstate System route.
                            ``(ii) Written agreement of states.--A 
                        designation under clause (i) shall be made only 
                        upon the written agreement of the State or 
                        States described in that clause that the 
                        highway will be constructed to meet all 
                        standards of a highway on the Interstate System 
                        by the date that is 12 years after the date of 
                        the agreement.
                            ``(iii) Removal of designation.--
                                    ``(I) In general.--If the State or 
                                States described in clause (i) have not 
                                substantially completed the 
                                construction of a highway designated 
                                under this subparagraph within the time 
                                provided for in the agreement between 
                                the Secretary and the State or States 
                                under clause (ii), the Secretary shall 
                                remove the designation of the highway 
                                as a future Interstate System route.
                                    ``(II) Effect of removal.--Removal 
                                of the designation of a highway under 
                                subclause (I) shall not preclude the 
                                Secretary from designating the highway 
                                as a route on the Interstate System 
                                under subparagraph (A) or under any 
                                other provision of law providing for 
                                addition to the Interstate System.
                            ``(iv) Prohibition on referral as 
                        interstate system route.--No law, rule, 
                        regulation, map, document, or other record of 
                        the United States, or of any State or political 
                        subdivision of a State, shall refer to any 
                        highway designated as a future Interstate 
                        System route under this subparagraph, nor shall 
                        any such highway be signed or marked, as a 
                        highway on the Interstate System until such 
                        time as the highway is constructed to the 
                        geometric and construction standards for the 
Interstate System and has been designated as a route on the Interstate 
System.
                    ``(C) Financial responsibility.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the designation of a highway under 
                        this paragraph shall create no additional 
                        Federal financial responsibility with respect 
                        to the highway.
                            ``(ii) Certain highways.--Subject to 
                        section 119(b)(1)(B), a State may use funds 
                        available to the State under paragraphs (1) and 
                        (3) of section 104(b) for the resurfacing, 
                        restoration, rehabilitation, and reconstruction 
                        of a highway--
                                    ``(I) designated before March 9, 
                                1984, as a route on the Interstate 
                                System under subparagraph (A) or as a 
                                future Interstate System route under 
                                subparagraph (B); or
                                    ``(II) <DELETED>in Alaska or Puerto 
                                Rico</DELETED> designated under 
                                subparagraph (A) and located in Alaska 
                                or Puerto Rico.
    ``(d) Transfer of Interstate Construction Funds.--
            ``(1) Interstate construction funds not in surplus.--
                    ``(A) In general.--Upon application by a State and 
                approval by the Secretary, the Secretary may transfer 
                to the apportionment of the State under section 
                104(b)(1) any amount of funds apportioned to the State 
                under section 104(b)(5)(A) (as in effect on the day 
                before the date of enactment of the Intermodal Surface 
                Transportation Efficiency Act of 1997), if the amount 
                does not exceed the Federal share of the costs of 
                construction of segments of the Interstate System in 
                the State included in the most recent Interstate System 
                cost estimate.
                    ``(B) Effect of transfer.--Upon transfer of an 
                amount under subparagraph (A), the construction on 
                which the amount is based, as included in the most 
                recent Interstate System cost estimate, shall be 
                ineligible for funding under section 104(b)(5)(A) (as 
                in effect on the day before the date of enactment of 
                the Intermodal Surface Transportation Efficiency Act of 
                1997) or 104(k).
            ``(2) Surplus interstate construction funds.--Upon 
        application by a State and approval by the Secretary, the 
        Secretary may transfer to the apportionment of the State under 
        section 104(b)(1) any amount of surplus funds apportioned to 
        the State under section 104(b)(5)(A) (as in effect on the day 
        before the date of enactment of the Intermodal Surface 
        Transportation Efficiency Act of 1997), if the State has fully 
        financed all work eligible under the most recent Interstate 
        System cost estimate.
            ``(3) Applicability of certain laws.--Funds transferred 
        under this subsection shall be subject to the laws (including 
        regulations, policies, and procedures) relating to the 
        apportionment to which the funds are transferred.
    ``(e) Unobligated Balances of Interstate Substitute Funds.--
Unobligated balances of funds apportioned to a State under section 
103(e)(4)(H) (as in effect on the day before the date of enactment of 
the Intermodal Surface Transportation Efficiency Act of 1997) shall be 
available for obligation by the State under the law (including 
regulations, policies, and procedures) relating to the obligation and 
expenditure of the funds in effect on that date.''.
    (b) Conforming Amendments.--
            (1)(A) Section 101(a) of title 23, United States Code, is 
        amended in the undesignated paragraph defining ``Interstate 
        System'' by striking ``subsection (e) of section 103 of this 
        title'' and inserting ``section 103(c)''.
            (B) Section 104(f)(1) of title 23, United States Code, is 
        amended by striking ``, except that'' and all that follows 
        through ``programs''.
            (C) Section 115(a) of title 23, United States Code, is 
        amended--
                    (i) in the subsection heading, by striking 
                ``Substitute,''; and
                    (ii) in paragraph (1)(A)(i), by striking 
                ``103(e)(4)(H),'';
            (D) Section 118 of title 23, United States Code (as amended 
        by section 1118(b)), is amended--
                    (i) by striking subsection (d); and
                    (ii) by redesignating subsections (e), (f), and (g) 
                (as added by section 1103(d)) as subsections (c), (d), 
                and (e), respectively.
            (E) Section 129(b) of title 23, United States Code, is 
        amended in the first sentence by striking ``which has been'' 
        and all that follows through ``and has not'' and inserting 
        ``which is a public road and has not''.
            (2)(A) Section 139 of title 23, United States Code, is 
        repealed.
            (B) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 139.
            (C) Section 119(a) of title 23, United States Code, is 
        amended in the first sentence--
                    (i) by striking ``sections 103 and 139(c) of this 
                title'' and inserting ``section 103(c)(1) and, in 
                Alaska and Puerto Rico, under section 103(c)(4)(A)''; 
                and
                    (ii) by striking ``section 139 (a) and (b) of this 
                title'' and inserting ``subparagraphs (A) and (B) of 
                section 103(c)(4)''.
            (D) Section 127(f) of title 23, United States Code, is 
        amended by striking ``section 139(a)'' and inserting ``section 
        103(c)(4)(A)''.
            (E) Section 1105(e)(5) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (109 Stat. 597) is 
        amended by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Treatment of segments.--Subject to 
                subparagraph (C), segments designated as parts of the 
                Interstate System under this paragraph shall be treated 
                in the same manner as segments designated under section 
                103(c)(4)(A) of title 23, United States Code.''.

SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.

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

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

SEC. 1703. NONDISCRIMINATION.

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

SEC. 1704. STATE TRANSPORTATION DEPARTMENT.

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

                  Subtitle H--Miscellaneous Provisions

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

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

                   TITLE II--RESEARCH AND TECHNOLOGY

                   Subtitle A--Research and Training

SEC. 2001. STRATEGIC RESEARCH PLAN.

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

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

                 ``CHAPTER 52--RESEARCH AND DEVELOPMENT

``Sec.
``5201. Definitions.
         ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS

``5211. Transactional authority.
                  ``SUBCHAPTER II--STRATEGIC PLANNING

``5221. Strategic planning.
``5222. Authorization of <DELETED>appropriations</DELETED> contract 
                            authority.
 ``SUBCHAPTER III--MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT 
                                PROGRAM

``5231. Multimodal Transportation Research and Development Program.
``5232. Authorization of <DELETED>appropriations</DELETED> contract 
                            authority.
      ``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS

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

         ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS

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

                  ``SUBCHAPTER II--STRATEGIC PLANNING

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

SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT PROGRAM.

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

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

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

SEC. 2003. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

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

      ``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS

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

SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.

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

SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.

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

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

                  ``CHAPTER 5--RESEARCH AND TECHNOLOGY

                 ``SUBCHAPTER I--RESEARCH AND TRAINING

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

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

``541. Funding.

                 ``SUBCHAPTER I--RESEARCH AND TRAINING

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

SEC. 2006. ADVANCED RESEARCH PROGRAM.

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

SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PROGRAM.

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

SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.

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

SEC. 2009. EDUCATION AND TRAINING.

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

SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.

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

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

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

SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.

    Subchapter I of chapter 5 of title 23, United States Code (as 
amended by section 2011), is amended by adding at the end the 
following:
``Sec. 509. Infrastructure investment needs report
    ``Not later than January 31, 1999, and January 31 of every second 
year thereafter, the Secretary shall report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives on 
estimates of the future highway and bridge needs of the United 
States.''.

SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION PROGRAM.

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

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

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

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

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

SEC. 2016. JOINT PARTNERSHIPS FOR ADVANCED VEHICLES, COMPONENTS, AND 
              INFRASTRUCTURE PROGRAM.

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

``310. Joint partnerships for advanced vehicles, components, and 
                            infrastructure program.''.

<DELETED>SEC. 2017. CONFORMING AMENDMENTS.</DELETED>

SEC. 2017. TRANSPORTATION AND ENVIRONMENT COOPERATIVE RESEARCH PROGRAM.

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

SEC. 2018. CONFORMING AMENDMENTS.

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

             Subtitle B--Intelligent Transportation Systems

SEC. 2101. SHORT TITLE.

    This subtitle may be cited as the ``Intelligent Transportation 
Systems Act of 1997''.

SEC. 2102. FINDINGS.

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

SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.

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

          ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS

``Sec. 521. Purposes
    ``The purposes of this subchapter are--
            ``(1) to expedite deployment and integration of basic 
        intelligent transportation system services for consumers of 
        passenger and freight transportation across the United States;
            ``(2) to encourage the use of intelligent transportation 
        systems to enhance international trade and domestic economic 
        productivity;
            ``(3) to encourage the use of intelligent transportation 
        systems to promote the achievement of national environmental 
        <DELETED>and safety</DELETED> goals;
            ``(4) to continue research, development, testing, and 
        evaluation activities to continually expand the state-of-the-
        art in intelligent transportation systems;
            ``(5) to provide financial and technical assistance to 
        State and local governments and metropolitan planning 
        organizations to ensure the integration of interoperable, 
        intermodal, and cost-effective intelligent transportation 
        systems;
            ``(6) to foster regional cooperation, standards 
        implementation, and operations planning to maximize the 
        benefits of integrated and coordinated intelligent 
        transportation systems;
            ``(7) to promote the consideration of intelligent 
        transportation systems in mainstream transportation planning 
        and investment decisionmaking by ensuring that Federal and 
        State transportation officials have adequate, working knowledge 
        of intelligent transportation system technologies and 
        applications and by ensuring comprehensive funding eligibility 
        for the technologies and applications;
            ``(8) to encourage intelligent transportation system 
        training for, and technology transfer to, State and local 
        agencies;
            ``(9) to promote the deployment of intelligent 
        transportation system services in rural America so as to 
        achieve safety benefits, promote tourism, and improve quality 
        of life;
            ``(10) to promote the innovative use of private resources, 
        such as through public-private partnerships or other uses of 
        private sector investment, to support the development and 
        integration of intelligent transportation systems throughout 
        the United States;
            ``(11) to complete the Federal investment in the Commercial 
        Vehicle Information Systems and Networks by September 30, 2003; 
        <DELETED>and
        </DELETED>    ``(12) to facilitate intermodalism through 
        deployment of intelligent transportation systems, including 
        intelligent transportation system technologies for transit 
        systems to improve safety, efficiency, capacity, and utility 
        for the <DELETED>public.</DELETED> public;
            ``(13) to enhance the safe operation of motor vehicles, 
        including motorcycles, and nonmotorized vehicles on the surface 
        transportation systems of the United States, with a particular 
        emphasis on decreasing the number and severity of collisions; 
        and
            ``(14) to accommodate the needs of all users of the surface 
        transportation systems of the United States, including the 
        operators of commercial vehicles, passenger vehicles, and 
        motorcycles.
``Sec. 522. Definitions
    ``In this subchapter:
            ``(1) Commercial vehicle information systems and 
        networks.--The term `Commercial Vehicle Information Systems and 
        Networks' means the information systems and communications 
        networks that support commercial vehicle operations.
            ``(2) Commercial vehicle operations.--The term `commercial 
        vehicle operations'--
                    ``(A) means motor carrier operations and motor 
                vehicle regulatory activities associated with the 
                commercial movement of goods, including hazardous 
                materials, and passengers; and
                    ``(B) with respect to the public sector, includes 
                the issuance of operating credentials, the 
                administration of motor vehicle and fuel taxes, and 
                roadside safety and border crossing inspection and 
                regulatory compliance operations.
            ``(3) Completed standard.--The term `completed standard' 
        means a standard adopted and published by the appropriate 
        standards-setting organization through a voluntary consensus 
        standardmaking process.
            ``(4) Corridor.--The term `corridor' means any major 
        transportation route that includes parallel limited access 
        highways, major arterials, or transit lines.
            ``(5) Intelligent transportation system.--The term 
        `intelligent transportation system' means electronics, 
        communications, or information processing used singly or in 
        combination to improve the efficiency or safety of a surface 
        transportation system.
            ``(6) National architecture.--The term `national 
        architecture' means the common framework for interoperability 
        adopted by the Secretary that defines--
                    ``(A) the functions associated with intelligent 
                transportation system user services;
                    ``(B) the physical entities or subsystems within 
                which the functions reside;
                    ``(C) the data interfaces and information flows 
                between physical subsystems; and
                    ``(D) the communications requirements associated 
                with the information flows.
            ``(7) Provisional standard.--The term `provisional 
        standard' means a provisional standard established by the 
        Secretary under section <DELETED>528(c)</DELETED> 529(c).
            ``(8) Standard.--The term `standard' means a document 
        that--
                    ``(A) contains technical specifications or other 
                precise criteria for intelligent transportation systems 
                that are to be used consistently as rules, guidelines, 
                or definitions of characteristics so as to ensure that 
                materials, products, processes, and services are fit 
                for their purposes; and
                    ``(B) may support the national architecture and 
                promote--
                            ``(i) the widespread use and adoption of 
                        intelligent transportation system technology as 
                        a component of the surface transportation 
                        systems of the United States; and
                            ``(ii) interoperability among intelligent 
                        transportation system technologies implemented 
                        throughout the States.
``Sec. 523. Cooperation, consultation, and analysis
    ``(a) Cooperation.--In carrying out this subchapter, the Secretary 
shall--
            ``(1) foster enhanced operation and management of the 
        surface transportation systems of the United States;
            ``(2) promote the widespread deployment of intelligent 
        transportation systems; and
            ``(3) advance emerging technologies, in cooperation with 
        State and local governments and the private sector.
    ``(b) Consultation.--As appropriate, in carrying out this 
subchapter, the Secretary shall--
            ``(1) consult with the heads of other interested Federal 
        departments and agencies; and
            ``(2) maximize the involvement of the United States private 
        sector, colleges and universities, and State and local 
        governments in all aspects of carrying out this subchapter.
    ``(c) Procurement Methods.--To meet the need for effective 
implementation of intelligent transportation system projects, the 
Secretary shall develop appropriate technical assistance and guidance 
to assist State and local agencies in evaluating and selecting 
appropriate methods of procurement for intelligent transportation 
system projects, including innovative and nontraditional methods of 
procurement.
``Sec. 524. Research, development, and training
    ``(a) In General.--The Secretary shall carry out a comprehensive 
program of intelligent transportation system research, development, 
operational testing, technical assistance and training, national 
architecture activities, standards development and implementation, and 
other similar activities that are necessary to carry out the purposes 
of this subchapter.
    ``(b) Intelligent Vehicle and Intelligent Infrastructure 
Programs.--
            ``(1) In general.--
                    ``(A) Program.--The Secretary shall carry out a 
                program to conduct research, development, and 
                engineering designed to stimulate and advance 
                deployment of an integrated intelligent vehicle program 
                and an integrated intelligent infrastructure program, 
                consisting of--
                            ``(i) projects such as crash avoidance, 
                        automated highway systems, advanced vehicle 
                        controls, and roadway safety and efficiency 
                        systems linked to intelligent vehicles; and
                            ``(ii) projects that improve mobility and 
                        the quality of the environment, including 
                        projects for traffic management, incident 
                        management, transit management, toll 
                        collection, traveler information, and traffic 
                        control systems.
                    ``(B) Consideration of vehicle and infrastructure 
                elements.--In carrying out subparagraph (A), the 
                Secretary may consider systems that include both 
                vehicle and infrastructure elements and determine the 
                most appropriate mix of those elements.
            ``(2) National architecture.--The program carried out under 
        paragraph (1) shall be consistent with the national 
        architecture.
            ``(3) Priorities.--In carrying out paragraph (1), the 
        Secretary shall give higher priority to activities that--
                    ``(A) assist motor vehicle drivers in avoiding 
                motor vehicle crashes;
                    ``(B) assist in the development of an automated 
                highway system; or
                    ``(C) improve the integration of air bag technology 
                with other on-board safety systems and maximize the 
                safety benefits of the simultaneous use of an automatic 
                restraint system and seat belts.
            ``(4) Cost sharing.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of the cost of a 
                research project carried out in cooperation with a non-
                Federal entity under a program carried out under 
                paragraph (1) shall not exceed 80 percent.
                    ``(B) Innovative or high-risk research projects.--
                The Federal share of the cost of an innovative or high-
                risk research project described in subparagraph (A) 
                may, at the discretion of the Secretary, be 100 
                percent.
            ``(5) Plan.--The Secretary shall--
                    ``(A) not later than 1 year after the date of 
                enactment of this subchapter, submit to Congress a 6-
                year plan specifying the goals, objectives, and 
                milestones to be achieved by each program carried out 
                under paragraph (1); and
                    ``(B) report biennially to Congress on the progress 
                in meeting the goals, objectives, and milestones.
    ``(c) Evaluation.--
            ``(1) Guidelines and requirements.--
                    ``(A) In general.--The Secretary shall establish 
                guidelines and requirements for the independent 
                evaluation of field and related operational tests, and, 
                if necessary, deployment projects, carried out under 
                this subchapter.
                    ``(B) Required provisions.--The guidelines and 
                requirements established under subparagraph (A) shall 
                include provisions to ensure the objectivity and 
                independence of the evaluator so as to avoid any real 
                or apparent conflict of interest or potential influence 
                on the outcome by parties to any such test or 
                deployment project or by any other formal evaluation 
carried out under this subchapter.
            ``(2) Funding.--
                    ``(A) Small projects.--In the case of a test or 
                project with a cost of less than $5,000,000, the 
                Secretary may allocate not more than 15 percent of the 
                funds made available to carry out the test or project 
                for an evaluation of the test or project.
                    ``(B) Moderate projects.--In the case of a test or 
                project with a cost of $5,000,000 or more, but less 
                than $10,000,000, the Secretary may allocate not more 
                than 10 percent of the funds made available to carry 
                out the test or project for an evaluation of the test 
                or project.
                    ``(C) Large projects.--In the case of a test or 
                project with a cost of $10,000,000 or more, the 
                Secretary may allocate not more than 5 percent of the 
                funds made available to carry out the test or project 
                for an evaluation of the test or project.
            ``(3) Inapplicability of paperwork reduction act.--Any 
        survey, questionnaire, or interview that the Secretary 
        considers necessary to carry out the evaluation of any test or 
        program assessment activity under this subchapter shall not be 
        subject to chapter 35 of title 44.
    ``(d) Information Clearinghouse.--
            ``(1) In general.--The Secretary shall--
                    ``(A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this subchapter; 
                and
                    ``(B) on request, make that information (except for 
                proprietary information and data) readily available to 
                all users of the repository at an appropriate cost.
            ``(2) Delegation of authority.--
                    ``(A) In general.--The Secretary may delegate the 
                responsibility of the Secretary under this subsection, 
                with continuing oversight by the Secretary, to an 
                appropriate entity not within the Department of 
                Transportation.
                    ``(B) Federal assistance.--If the Secretary 
                delegates the responsibility, the entity to which the 
                responsibility is delegated shall be eligible for 
                Federal assistance under this section.
    ``(e) Traffic Incident Management and Response.--The Secretary 
shall carry out a program to advance traffic incident management and 
response technologies, strategies, and partnerships that are fully 
integrated with intelligent transportation systems.
    ``(f) Authorization of Contract Authority.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $120,000,000 for fiscal year 1998, 
        $125,000,000 for fiscal year 1999, $130,000,000 for fiscal year 
        2000, $135,000,000 for fiscal year 2001, $140,000,000 for 
        fiscal year 2002, and $150,000,000 for fiscal year 2003, of 
        which, for each fiscal year--
                    ``(A) not less than $25,000,000 shall be available 
                for activities that assist motor vehicle drivers in 
                avoiding motor vehicle crashes, including activities 
                that improve the integration of air bag technology with 
                other on-board safety systems;
                    ``(B) not less than $25,000,000 shall be available 
                for activities that assist in the development of an 
                automated highway system; and
                    ``(C) not less than $3,000,000 shall be available 
                for traffic incident management and response.
            ``(2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1.
``Sec. 525. Intelligent transportation system integration program
    ``(a) In General.--The Secretary shall conduct a comprehensive 
program (referred to in this section as the `program') to accelerate 
the integration and interoperability of intelligent transportation 
systems.
    ``(b) Selection of Projects.--
            ``(1) In general.--Under the program, the Secretary shall 
        select for funding, through competitive solicitation, projects 
        that will serve as models to improve transportation efficiency, 
        promote safety, increase traffic flow, reduce emissions of air 
        pollutants, improve traveler information, or enhance 
        alternative transportation modes.
            ``(2) Priorities.--Under the program, the Secretary shall 
        give higher priority to funding projects that--
                    ``(A) promote and foster integration strategies and 
                written agreements among local governments, States, and 
                other regional entities;
                    ``(B) build on existing (as of the date of project 
                selection) intelligent transportation system projects;
                    ``(C) deploy integrated intelligent transportation 
                system projects throughout metropolitan areas;
                    ``(D) deploy integrated intelligent transportation 
                system projects that enhance safe freight movement or 
                coordinate intermodal travel, including intermodal 
                travel at ports of entry into the United States; and
                    ``(E) advance intelligent transportation system 
                deployment projects that are consistent with the 
                national architecture and, as appropriate, comply with 
                required standards as described in section <DELETED>528</DELETED> 
                529.
    ``(c) Private Sector Involvement.--In carrying out the program, the 
Secretary shall encourage private sector involvement and financial 
commitment, to the maximum extent practicable, through innovative 
financial arrangements, especially public-private partnerships.
    ``(d) Financing and Operations Plans.--As a condition of receipt of 
funds under the program, a recipient participating in a project shall 
submit to the Secretary a multiyear financing and operations plan that 
describes how the project can be cost-effectively operated and 
maintained.
    ``(e) Authorization of Contract Authority.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $100,000,000 for fiscal year 1998, 
        $110,000,000 for fiscal year 1999, $115,000,000 for fiscal year 
        2000, $130,000,000 for fiscal year 2001, $135,000,000 for 
        fiscal year 2002, and $145,000,000 for fiscal year 2003.
            ``(2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1, except that, 
        in the case of a project funded under paragraph (1)--
                    ``(A) the Federal share of the cost of the project 
                payable from funds made available under paragraph (1) 
                shall not exceed 50 percent; and
                    ``(B) the total Federal share of the cost of the 
                project payable from all eligible sources (including 
                paragraph (1)) shall not exceed 80 percent.
``Sec. 526. Integration program for rural areas
    ``(a) In General.--The Secretary shall conduct a comprehensive 
program (referred to in this section as the `program') to accelerate 
the integration or deployment of intelligent transportation systems in 
rural areas.
    ``(b) Selection of Projects.--Under the program, the Secretary 
shall--
            ``(1) select projects through competitive solicitation; and
            ``(2) give higher priority to funding projects that--
                    ``(A) promote and foster integration strategies and 
                agreements among local governments, States, and other 
                regional entities;
                    ``(B) deploy integrated intelligent transportation 
                system projects that improve mobility, enhance the 
                safety of the movement of passenger vehicles and 
                freight, or promote tourism; or
                    ``(C) advance intelligent transportation system 
                deployment projects that are consistent with the 
                national architecture and comply with required 
                standards as described in section <DELETED>528</DELETED> 
                529.
    ``(c) Private Sector Involvement.--In carrying out the program, the 
Secretary shall encourage private sector involvement and financial 
commitment, to the maximum extent practicable, through innovative 
financial arrangements, especially public-private partnerships.
    ``(d) Financing and Operations Plans.--As a condition of receipt of 
funds under the program, a recipient participating in a project shall 
submit to the Secretary a multiyear financing and operations plan that 
describes how the project can be cost-effectively operated and 
maintained
    ``(e) Authorization of Contract Authority.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $10,000,000 for fiscal year 1998, 
        $10,000,000 for fiscal year 1999, $15,000,000 for fiscal year 
        2000, $15,000,000 for fiscal year 2001, $20,000,000 for fiscal 
        year 2002, and $20,000,000 for fiscal year 2003.
            ``(2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1, except that, 
        in the case of a project funded under paragraph (1)--
                    ``(A) the Federal share of the cost of the project 
                payable from funds made available under paragraph (1) 
shall not exceed 50 percent; and
                    ``(B) the total Federal share of the cost of the 
                project payable from all eligible sources (including 
                paragraph (1)) shall not exceed 80 percent.
``Sec. 527. Commercial vehicle intelligent transportation system 
              infrastructure
    ``(a) In General.--The Secretary shall carry out a comprehensive 
program--
            ``(1) to deploy intelligent transportation systems that 
        will promote the safety and productivity of commercial vehicles 
        and drivers; and
            ``(2) to reduce costs associated with commercial vehicle 
        operations and State and Federal commercial vehicle regulatory 
        requirements.
    ``(b) Elements of Program.--
            ``(1) Safety information systems and networks.--
                    ``(A) In general.--The program shall advance the 
                technological capability and promote the deployment of 
                commercial vehicle, commercial driver, and carrier-
                specific safety information systems and networks and 
                other intelligent transportation system technologies 
                used to assist States in identifying high-risk 
                commercial operations and in conducting other 
                innovative safety strategies, including the Commercial 
                Vehicle Information Systems and Networks.
                    ``(B) Focus of projects.--Projects assisted under 
                the program shall focus on--
                            ``(i) identifying and eliminating unsafe 
                        and illegal carriers, vehicles, and drivers in 
                        a manner that does not unduly hinder the 
                        productivity and efficiency of safe and legal 
                        commercial operations;
                            ``(ii) enhancing the safe passage of 
                        commercial vehicles across the United States 
                        and across international borders;
                            ``(iii) reducing the numbers of violations 
                        of out-of-service orders; and
                            ``(iv) complying with directives to address 
                        other safety violations.
            ``(2) Monitoring systems.--The program shall advance on-
        board driver and vehicle safety monitoring systems, including 
        fitness-for-duty, brake, and other operational monitoring 
        technologies, that will facilitate commercial vehicle safety, 
        including inspection by motor carrier safety assistance program 
        officers and employees under chapter 311 of title 49.
    ``(c) Use of Federal Funds.--
            ``(1) In general.--Federal funds used to carry out the 
        program shall be primarily used to improve--
                    ``(A) commercial vehicle safety and the 
                effectiveness and efficiency of enforcement efforts 
                conducted under the motor carrier safety assistance 
                program under chapter 311 of title 49;
                    ``(B) electronic processing of registration, driver 
                licensing, fuel tax, and other safety information; and
                    ``(C) communication of the information described in 
                subparagraph (B) <DELETED>to other</DELETED> among the 
                States.
            ``(2) Leveraging.--Federal funds used to carry out the 
        program shall, to the maximum extent practicable--
                    ``(A) be leveraged with non-Federal funds; and
                    ``(B) be used for activities not carried out 
                through the use of private funds.
    ``(d) Federal Share.--The Federal share of the cost of a project 
assisted under the program shall be not more than 80 percent.
    ``(e) Authorization of Contract Authority.--
            ``(1) In general.--There shall be available from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $25,000,000 for fiscal year 1998, 
        $25,000,000 for fiscal year 1999, $25,000,000 for fiscal year 
        2000, $35,000,000 for fiscal year 2001, $35,000,000 for fiscal 
        year 2002, and $40,000,000 for fiscal year 2003.
            ``(2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1, except that, 
        in the case of a project funded under paragraph (1)--
                    ``(A) the Federal share of the cost of the project 
                payable from funds made available under paragraph (1) 
                shall not exceed 50 percent; and
                    ``(B) the total Federal share of the cost of the 
                project payable from all eligible sources (including 
                paragraph (1)) shall not exceed 80 percent.
``Sec. 528. Corridor development and coordination
    ``(a) In General.--The Secretary shall encourage multistate 
cooperative agreements, coalitions, or other arrangements intended to 
promote regional cooperation, planning, and shared project 
implementation for intelligent transportation system projects.
    ``(b) Funding.--There shall be available to carry out this section 
for each fiscal year not more than--
            ``(1) $3,000,000 of the amounts made available under 
        section 524(f); and
            ``(2) $7,000,000 of the amounts made available under 
        section 525(e).
``Sec. <DELETED>528 </DELETED>529. Standards
    ``(a) In General.--
            ``(1) Development, implementation, and maintenance.--The 
        Secretary shall develop, implement, and maintain a national 
        architecture and supporting standards to promote the widespread 
        use and evaluation of intelligent transportation system 
        technology as a component of the surface transportation systems 
        of the United States.
            ``(2) Interoperability and efficiency.--To the maximum 
        extent practicable, the standards shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation system technologies implemented throughout the 
        States.
            ``(3) Use of standards-setting organizations.--In carrying 
        out this section, the Secretary may use the services of such 
        standards-setting organizations as the Secretary determines 
        appropriate.
    ``(b) Report.--
            ``(1) In general.--Not later than January 1, 1999, the 
        Secretary shall submit a report describing the status of all 
        standards.
            ``(2) Contents.--The report shall--
                    ``(A) identify each standard that is needed for 
                operation of intelligent transportation systems in the 
                United States;
                    ``(B) specify the status of the development of each 
                standard;
                    ``(C) provide a timetable for achieving agreement 
                on each standard as described in this section; and
                    ``(D) determine which standards are critical to 
                ensuring national interoperability or critical to the 
                development of other standards.
    ``(c) Establishment of Provisional Standards.--
            ``(1) Establishment.--Subject to subsection (d), if a 
        standard determined to be critical under subsection (b)(2)(D) 
        is not adopted and published by the appropriate standards-
        setting organization by January 1, 2001, the Secretary shall 
        establish a provisional standard after consultation with 
        affected parties.
            ``(2) Period of effectiveness.--The provisional standard 
        shall--
                    ``(A) be published in the Federal Register;
                    ``(B) take effect not later than May 1, 2001; and
                    ``(C) remain in effect until the appropriate 
                standards-setting organization adopts and publishes a 
                standard.
    ``(d) Waiver of Requirement To Establish Provisional Standards.--
            ``(1) Notice.--The Secretary may waive the requirement to 
        establish a provisional standard by submitting, not later than 
        January 1, 2001, to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives, a notice that--
                    ``(A) specifies the provisional standard subject to 
                the waiver;
                    ``(B) describes the history of the development of 
                the standard subject to the waiver;
                    ``(C) specifies the reasons why the requirement for 
                the establishment of the provisional standard is being 
                waived;
                    ``(D) describes the impacts of delaying the 
                establishment of the standard subject to the waiver, 
                especially the impacts on the purposes of this 
                subchapter; and
                    ``(E) provides specific estimates as to when the 
                standard subject to the waiver is expected to be 
                adopted and published by the appropriate standards-
                setting organization.
            ``(2) Progress reports.--
                    ``(A) In general.--In the case of each standard 
                subject to a waiver by the Secretary under paragraph 
                (1), the Secretary shall submit, in accordance with the 
                schedule specified in subparagraph (B), a report to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives on the progress of the 
                adoption of a completed standard.
                    ``(B) Schedule of reports.--The Secretary shall 
                submit a report under subparagraph (A) with respect to 
                a standard--
                            ``(i) not later than 180 days after the 
                        date of submission of the notice under 
                        paragraph (1) with respect to the standard; and
                            ``(ii) at the end of each 180-day period 
                        thereafter until such time as a standard has 
                        been adopted and published by the appropriate 
                        standards-setting organization or the waiver is 
                        withdrawn under paragraph (3).
                    ``(C) Consultation.--In developing each progress 
                report under subparagraph (A), the Secretary shall 
                consult with the standards-setting organizations 
                involved in the standardmaking process for the 
                standard.
            ``(3) Withdrawal of waiver.--
                    ``(A) In general.--At any time, the Secretary may, 
                through notification to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives, withdraw a notice of a waiver of the 
                requirement to establish a provisional standard.
                    ``(B) Implementation.--If the Secretary submits 
                notification under subparagraph (A) with respect to a 
                provisional standard, not less than 30 days, but not 
                more than 90 days, after the date of the notification, 
                the Secretary shall implement the provisional standard, 
                unless, by the end of the 90-day period beginning on 
                the date of the notification, a standard has been 
                adopted and published by the appropriate standards-
                setting organization.
    ``(e) Requirement for Compliance With Standard.--
            ``(1) In general.--
                    ``(A) Standard in existence.--Funds made available 
                from the Highway Trust Fund shall not be used to deploy 
                an intelligent transportation system technology if the 
                technology does not comply with each applicable 
                provisional standard or completed standard.
                    ``(B) No standard in existence.--In the absence of 
                a provisional standard or completed standard, Federal 
                funds shall not be used to deploy an intelligent 
                transportation system technology if the deployment is 
                not consistent with the interfaces to ensure 
                interoperability that are contained in the national 
                architecture.
            ``(2) Applicability.--Paragraph (1) shall not apply to--
                    ``(A) the operation or maintenance of an 
                intelligent transportation system in existence on the 
                date of enactment of this subchapter; or
                    ``(B) the upgrade or expansion of an intelligent 
                transportation system in existence on the date of 
                enactment of this subchapter if the Secretary 
                determines that the upgrade or expansion--
                            ``(i) does not adversely affect the 
                        purposes of this subchapter, especially the 
                        goal of national or regional interoperability;
                            ``(ii) is carried out before the end of the 
                        useful life of the system; and
                            ``(iii) is cost effective as compared to 
                        alternatives that meet the compliance 
                        requirement of paragraph (1)(A) or the 
                        consistency requirement of paragraph (1)(B).
    ``(f) Spectrum.--
            ``(1) Consultation.--The Secretary shall consult with the 
        Secretary of Commerce, the Secretary of Defense, and the 
        Chairman of the Federal Communications Commission to determine 
        the best means for securing the necessary spectrum for the 
        near-term establishment of a dedicated short-range vehicle-to-
        wayside wireless standard and any other spectrum that the 
        Secretary determines to be critical to the implementation of 
        this title.
            ``(2) Progress report.--After consultation under paragraph 
        (1) and with other affected agencies, but not later than 1 year 
        after the date of enactment of this subchapter, the Secretary 
        shall submit a report to Congress on the progress made in 
        securing the spectrum described in paragraph (1).
            ``(3) Deadline for securing spectrum.--Notwithstanding any 
        other provision of law, not later than 2 years after the date 
        of enactment of this subchapter, the Secretary of Commerce 
        shall release to the Federal Communications Commission, and the 
        Federal Communications Commission shall allocate, the spectrum 
        described in paragraph (1).
    ``(g) Funding.--The Secretary shall use funds made available under 
section 524 to carry out this section.
``Sec. <DELETED>529 </DELETED>530. Funding limitations
    ``(a) Consistency With National Architecture.--The Secretary shall 
use funds made available under this subchapter to deploy intelligent 
transportation system technologies that are consistent with the 
national architecture.
    ``(b) Competition With Privately Funded Projects.--To the maximum 
extent practicable, the Secretary shall not fund any intelligent 
transportation system operational test or deployment project that 
competes with a similar privately funded project.
    ``(c) Infrastructure Development.--Funds made available under this 
subchapter for operational tests and deployment projects--
            ``(1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
            ``(2) to the maximum extent practicable, shall not be used 
        for the construction of physical highway and transit 
        infrastructure unless the construction is incidental and 
        critically necessary to the implementation of an intelligent 
        transportation system project.
    ``(d) Public Relations and Training.--For each fiscal year, not 
more than $15,000,000 of the funds made available under this subchapter 
shall be used for intelligent transportation system outreach, public 
relations, training, mainstreaming, shareholder relations, or related 
activities.
``Sec. 531. Use of innovative financing
    ``(a) In General.--The Secretary may use up to 25 percent of the 
funds made available under this subchapter and section 541 to make 
available loans, lines of credit, and loan guarantees for projects that 
are eligible for assistance under this title and that have significant 
intelligent transportation system elements.
    ``(b) Consistency With Other Law.--Credit assistance described in 
subsection (a) shall be made available in a manner consistent with the 
Transportation Infrastructure Finance and Innovation Act of 1997.
``Sec. <DELETED>530</DELETED> 532. Advisory committees
    ``(a) In General.--In carrying out this subchapter, the Secretary 
shall use 1 or more advisory committees.
    ``(b) Applicability of Federal Advisory Committee Act.--Any 
advisory committee so used shall be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.).''.

SEC. 2104. CONFORMING AMENDMENT.

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

                          Subtitle C--Funding

SEC. 2201. FUNDING.

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

                       ``SUBCHAPTER III--FUNDING

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