[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 468 Reference Change Senate (RCS)]







105th CONGRESS
  1st Session
                                 S. 468

   To continue the successful Federal role in developing a national 
intermodal surface transportation system, through programs that ensure 
 the safe and efficient movement of people and goods, improve economic 
  productivity, preserve the environment, and strengthen partnerships 
  among all levels of the government and the private sector, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 1997

  Mr. Chafee (for himself and Mr. Moynihan) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

                             April 8, 1997

 Ordered referred jointly to the Committees on Finance and Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
   To continue the successful Federal role in developing a national 
intermodal surface transportation system, through programs that ensure 
 the safe and efficient movement of people and goods, improve economic 
  productivity, preserve the environment, and strengthen partnerships 
  among all levels of the government and the private sector, 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; SECRETARY DEFINED; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Economic 
Crossroads Transportation Efficiency Act of 1997''.
    (b) Secretary Defined.--As used in this Act, the term ``Secretary'' 
means the Secretary of Transportation.
    (c) Table of Contents.--

Sec. 1. Short title; Secretary defined; table of contents.
                    TITLE I--SURFACE TRANSPORTATION

Sec. 1001. Short title; authorization of appropriations.
Sec. 1002. Definitions.
Sec. 1003. National Highway System.
Sec. 1004. Apportionments.
Sec. 1005. State percentage guarantee.
Sec. 1006. Project approval and oversight.
Sec. 1007. Real property acquisition and corridor preservation.
Sec. 1008. Proceeds from sale or lease of real property.
Sec. 1009. Interstate Maintenance Program.
Sec. 1010. Maintenance.
Sec. 1011. Interstate 4R Discretionary Program.
Sec. 1012. Emergency relief.
Sec. 1013. Toll roads, bridges, tunnels and ferries.
Sec. 1014. Surface Transportation Program.
Sec. 1015. Metropolitan planning.
Sec. 1016. Statewide planning.
Sec. 1017. Research, training, and employment opportunities.
Sec. 1018. Disadvantaged business enterprises.
Sec. 1019. Highway Bridge Replacement and Rehabilitation Program.
Sec. 1020. Congestion mitigation and Air Quality Improvement Program.
Sec. 1021. Interstate reimbursement.
Sec. 1022. State Infrastructure Bank Program.
Sec. 1023. National Scenic Byways Program.
Sec. 1024. Infrastructure Safety Program.
Sec. 1025. Fiscal and administrative amendments.
Sec. 1026. Federal Lands Highways Program.
Sec. 1027. Bicycle transportation and pedestrian walkways.
Sec. 1028. Recreational Trails Program.
Sec. 1029. International Highway Transportation Outreach Program.
Sec. 1030. Trade corridor and border crossing planning; Border Gateway 
                            Pilot Program.
Sec. 1031. Appalachian Development Highway System.
Sec. 1032. Value Pricing Pilot Program.
Sec. 1033. Highway use tax evasion projects.
Sec. 1034. Public notice of railbanking.
                        TITLE II--HIGHWAY SAFETY

Sec. 2001. Short title.
Sec. 2002. Highway safety programs.
Sec. 2003. National driver register.
Sec. 2004. Authorizations of appropriations.
       TITLE III--FEDERAL MASS TRANSPORTATION AMENDMENTS OF 1997

Sec. 3001. Short title.
Sec. 3002. Amendment to Federal transit laws.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Metropolitan Transportation Improvement Program.
Sec. 3006. Transportation management areas.
Sec. 3007. Statewide planning.
Sec. 3008. Urbanized area formula grants.
Sec. 3009. Loans.
Sec. 3010. Major capital investments.
Sec. 3011. Formula grants for special needs of elderly individuals and 
                            individuals with disabilities.
Sec. 3012. Formula programs for other than urbanized areas.
Sec. 3013. National research programs.
Sec. 3014. Transit Cooperative Research Program.
Sec. 3015. Research, development, demonstration, and training projects.
Sec. 3016. National Transit Institute.
Sec. 3017. University research institutes.
Sec. 3018. Transportation centers.
Sec. 3019. Bus testing facility.
Sec. 3020. Advance construction authority.
Sec. 3021. Access to jobs and training.
Sec. 3022. Crime prevention and security.
Sec. 3023. General provisions on assistance.
Sec. 3024. Acquisition of real property owned by the Government.
Sec. 3025. Contract requirements.
Sec. 3026. Special procurements.
Sec. 3027. Oversight.
Sec. 3028. Government's share of costs.
Sec. 3029. Investigation of safety hazards.
Sec. 3030. Nondiscrimination.
Sec. 3031. Labor standards.
Sec. 3032. Administrative.
Sec. 3033. Reports and audits.
Sec. 3034. Apportionment of formula grants.
Sec. 3035. Apportionment of appropriations for fixed guideway 
                            modernization.
Sec. 3036. Authorizations.
Sec. 3037. Washington Metropolitan Area Transit Authority.
                     TITLE IV--MOTOR CARRIER SAFETY

Sec. 4001. State grants and other commercial motor vehicle programs.
               TITLE V--INFRASTRUCTURE CREDIT ENHANCEMENT

Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Definitions.
Sec. 5004. Determination of eligibility and project selection.
Sec. 5005. Revenue stabilization funds.
Sec. 5006. Rules and regulations.
Sec. 5007. Authorization of appropriations.
                           TITLE VI--RESEARCH

                    Part A--Programs and Activities

Sec. 6001. Transportation research and development.
Sec. 6002. Bureau of Transportation statistics.
Sec. 6003. Research and technology program.
Sec. 6004. National technology deployment initiatives.
Sec. 6005. Professional capacity building and technology partnerships.
Sec. 6006. Long-term pavement performance and advanced research.
Sec. 6007. State planning and research program.
Sec. 6008. Use of Bureau of Indian Affairs' administrative funds.
         Part B--Intelligent Transportation Systems Act of 1997

Sec. 6051. Short title and preamble.
Sec. 6052. Definitions; conforming amendment.
Sec. 6053. Scope of program.
Sec. 6054. General authorities and requirements.
Sec. 6055. National ITS Program plan, implementation, and report to 
                            Congress.
Sec. 6056. Technical, training, planning, research and operational 
                            testing project assistance.
Sec. 6057. Applications of technology.
Sec. 6058. Funding.
                           TITLE VII--REVENUE

Sec. 7001. Short title; amendment of 1986 Code.
Sec. 7002. Extension of highway-related taxes and trust fund.
Sec. 7003. Commuter benefit.
Sec. 7004. Mass transit account.
Sec. 7005. Motor vehicle safety and cost savings programs.
Sec. 7006. General fund transfers for transportation-related program 
                            expenditures in fiscal years 1998-2003.
                  TITLE VIII--RAIL PASSENGER PROGRAMS

Sec. 8001. Authorization of appropriations.

                    TITLE I--SURFACE TRANSPORTATION

SEC. 1001. SHORT TITLE; AUTHORIZATION OF APPROPRIATIONS.

    (a) Short Title.--This title may be cited as the ``Surface 
Transportation Act of 1997''.
    (b) Authorizations From the Highway Trust Fund.--For the purposes 
of carrying out the provisions of title 23, United States Code, the 
following sums are authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account):
            (1) National highway system.--For the National Highway 
        System $4,466,000,000 for fiscal year 1998, $4,391,000,000 for 
        fiscal year 1999, $4,378,000,000 for fiscal year 2000, and 
        $4,405,000,000 for each of fiscal years 2001, 2002, and 2003.
            (2) Interstate maintenance program.--For the Interstate 
        maintenance program $4,480,000,000 for fiscal year 1998, 
        $4,405,000,000 for fiscal year 1999, $4,392,000,000 for fiscal 
        year 2000, and $4,419,000,000 for each of fiscal years 2001, 
        2002, and 2003.
            (3) Surface transportation program.--For the surface 
        transportation program $5,874,000,000 for fiscal year 1998, 
        $5,785,000,000 for fiscal year 1999, $5,723,000,000 for fiscal 
        year 2000, $5,728,000,000 for fiscal year 2001, $5,684,000,000 
        for fiscal year 2002, and $6,192,000,000 for fiscal year 2003.
            (4) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program $1,300,000,000 for each of fiscal years 
        1998, 1999, 2000, 2001, 2002, and 2003.
            (5) Bridge program.--For the bridge program $2,694,000,000 
        for fiscal year 1998, $2,653,000,000 for fiscal year 1999, 
        $2,646,000,000 for fiscal year 2000, and $2,661,000,000 for 
        each of fiscal years 2001, 2002, and 2003; provided that 
        $17,000,000 of such sums shall be available for each of fiscal 
        years 1998, 1999, 2000, 2001, 2002, and 2003 to fund the 
        alteration of bridges under the Truman-Hobbs Bridge Act; 
        provided further that the Secretary shall transfer such sums, 
        equivalent amounts of obligation authority, and the 
        responsibility for the administration of such sums to the 
        United States Coast Guard.
            (6) Federal lands highways program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads $200,000,000 for each of fiscal years 
                1998, 1999, 2000, 2001, 2002, and 2003.
                    (B) Park roads and parkways.--For park roads and 
                parkways $161,000,000 for each of fiscal years 1998, 
                1999, 2000, 2001, 2002, and 2003.
                    (C) Public lands highways.--For public lands 
                highways $50,000,000 for each of fiscal years 1998, 
                1999, 2000, 2001, 2002, and 2003.
                    (D) Forest highways.--For forest highways 
                $114,000,000, for each of fiscal years 1998, 1999, 
                2000, 2001, 2002, and 2003.
            (7) Infrastructure safety.--For the railway-highway 
        crossing program $165,000,000 for each of fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003; for the hazard elimination 
        program $335,000,000 for fiscal year 1998, $360,000,000 for 
fiscal year 1999, $385,000,000 for fiscal year 2000, $385,000,000 for 
fiscal year 2001, $385,000,000 for fiscal year 2002, and $410,000,000 
for fiscal year 2003.
            (8) Integrated safety fund.--For the integrated safety fund 
        $50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
        2002, and 2003.
            (9) Recreational trails program.--For the recreational 
        trails program $7,000,000 for each of fiscal years 1998, 1999, 
        2000, 2001, 2002, and 2003.
            (10) University transportation centers.--For university 
        transportation centers $12,000,000 for each of fiscal years 
        1998, 1999, 2000, 2001, 2002, and 2003.

SEC. 1002. DEFINITIONS.

    The undesignated paragraph of section 101(a) of title 23, United 
States Code, relating to operational improvement, is revised to read as 
follows: ``The term `operational improvement' means the installation, 
operation, or maintenance, in accordance with the requirements of 
subsection 6054(h) of the National Economic Crossroads Transportation 
Efficiency Act of 1997, of public infrastructure to support intelligent 
transportation systems. The term also includes the installation or 
operation of traffic management activities; communication systems; 
roadway weather information and prediction systems; and other such 
improvements as the Secretary may designate that enhance roadway safety 
and mobility during adverse weather.''.

SEC. 1003. NATIONAL HIGHWAY SYSTEM.

    (a) Project Eligibility.--Section 103 of title 23, United States 
Code, is amended--
            (1) in paragraph (i)(3)--
                    (A) by striking ``System and'' and inserting 
                ``System,''; and
                    (B) by inserting after ``title 49'' the following: 
                ``, and capital improvements to National Railroad 
                Passenger Corporation or publicly owned intercity 
                passenger rail lines'';
            (2) in subparagraph (i)(3)(A) by striking ``highway or 
        transit'' and inserting ``highway, transit, or rail'';
            (3) in paragraph (i)(13)--
                    (A) by inserting after ``participation in'' each 
                place it appears ``natural habitat and';
                    (B) by inserting after ``enhance and create'' the 
                following: ``natural habitats and''; and
                    (C) by inserting before ``wetlands conservation'' 
                the following ``natural habitat and''; and
            (4) by adding at the end of subsection (i) the following 
        new paragraphs:
            ``(14) 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, 
        where such terminals and facilities are located at or adjacent 
        to National Highway System routes or connections to the 
        National Highway System selected in accordance with subsection 
        (b) of this section.
            ``(15) Infrastructure-based Intelligent Transportation 
        Systems capital improvements.
            ``(16) In the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, any project 
        eligible for funding under section 133 of this title, any 
        airport, and any seaport.''; and
            (5) by adding at the end the following new subsection:
    ``(j) For the purposes of this section, the term `intermodal 
surface freight transfer facilities' shall include any access road, 
parking or staging area, ramp, loading or unloading area, rail yard, 
track, interest in land, publicly owned rail access line to a seaport, 
and publicly owned access road to a seaport, if they are used to effect 
the transfer of freight.''.
    (b) Proposed NHS.--Section 103(b) of such title is amended--
            (1) in subparagraph (2)(B) by striking the last four 
        sentences;
            (2) in subparagraph (2)(C) by striking ``and shall be 
        designated by the Secretary in consultation with appropriate 
        Federal agencies and the States and be subject to approval by 
        Congress in accordance with paragraph (3)'';
            (3) in subparagraph (2)(D) by striking the last sentence;
            (4) by striking ``(3) Approval of designations.--'';
            (5) by striking subparagraphs (3) (A), (B), and (D) and 
        paragraph (4);
            (6) by redesignating subparagraph (3)(C) and paragraphs 
        (5), (6), (7), and (8) as paragraphs (3), (4), (5), (6), and 
        (7), respectively;
            (7) in subparagraph (5)(A), as so redesignated, by striking 
        ``paragraph (7)'' and inserting ``paragraph (6)'';
            (8) in subparagraph (6)(B), as so redesignated, by striking 
        ``Paragraph (6)(B)'' and inserting ``Subparagraph (5)(B)'';
            (9) in subparagraph (6)(D), as so redesignated--
                    (A) by striking ``subparagraph (C)(i)'' and 
                inserting ``clause (C)(i)''; and
                    (B) by striking ``paragraph (6)'' and inserting 
                ``paragraph (5)'';
            (10) in paragraph (7), as so redesignated, by striking 
        ``paragraph (5)'' and inserting ``paragraph (4)''; and
            (11) by adding at the end the following new paragraph:
            ``(8) Approval of intermodal connectors.--The modifications 
        to the National Highway System that consist of connectors to 
        major ports, airports, international border crossings, public 
        transportation and transit facilities, interstate bus 
        terminals, and rail and other intermodal transportation 
        facilities, as submitted by the Secretary on the map entitled 
        `Pulling Together: The National Highway System and its 
        Connections to Major Intermodal Terminals,' and dated May 24, 
        1996, are hereby designated within the United States, including 
        the District of Columbia and the Commonwealth of Puerto 
        Rico.''.

SEC. 1004. APPORTIONMENTS.

    (a) Section 104(a) of title 23, United States Code, is amended by 
striking ``and the Interstate System'' and inserting ``interstate 
maintenance, bridge, infrastructure safety program, Interstate 
reimbursement, minimum allocation, and the Federal Lands Highways 
Program''.
    (b) Section 104 of such title is amended by revising subsection (b) 
and paragraphs (b) (1), (2), and (3) to read as follows:
    ``(b) On October 1 of each fiscal year, the Secretary, after making 
the deduction authorized by subsection (a) of this section and the set-
asides authorized by subsection (f) of this section and section 307 of 
this title, 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, the surface 
transportation program, and the Interstate System for that fiscal year, 
among the several States in the following manner:
            ``(1) National highway system.--
                    ``(A) For the National Highway System, 1 percent to 
                the Virgin Islands, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands, and the 
                remaining 99 percent to the States in the following 
                manner: 75 percent in the ratio that each State's 
                annual contributions to the Highway Trust Fund (other 
                than the Mass Transit Account) bear to the total of 
                such annual contributions by all States; 15 percent in 
                the ratio that each State's annual commercial vehicle 
                contributions to the Highway Trust Fund (other than the 
                Mass Transit Account) bear to the total of such annual 
                commercial vehicle contributions by all States; and 10 
                percent in the ratio that each State's public road 
                mileage bears to the total public road mileage of all 
                States.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, each State shall receive a minimum of one-
                half of 1 percent of the funds apportioned under this 
                paragraph.
            ``(2) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program: in the ratio which the weighted 
        nonattainment and maintenance area populations of each State 
        bear to the total weighted nonattainment and maintenance area 
        population of all States.
                    ``(A) Such weighted population shall be calculated 
                by multiplying the population of each area within any 
                State that was a nonattainment or maintenance area as 
                described in subsection 149(b) of this title for ozone, 
                carbon monoxide, or particulate matter by a factor of--
                            ``(i) 1.0 if, at the time of the 
                        apportionment, the area has been redesignated 
                        as an attainment (maintenance) area under 
                        section 107(d) of the Clean Air Act;
                            ``(ii) 1.1 if, at the time of 
                        apportionment, the area is classified as a 
                        marginal ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act;
                            ``(iii) 1.2 if, at the time of 
                        apportionment, the area is classified as a 
                        moderate ozone nonattainment area under such 
                        subpart;
                            ``(iv) 1.3 if, at the time of 
                        apportionment, the area is classified as a 
                        serious ozone nonattainment area under such 
                        subpart;
                            ``(v) 1.4 if, at the time of apportionment, 
                        the area is classified as a severe ozone 
                        nonattainment area under such subpart;
                            ``(vi) 1.5 if, at the time of 
                        apportionment, the area is classified as an 
                        extreme ozone nonattainment area under such 
                        subpart; or
                            ``(vii) 1.2. if, at the time of 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in subsection 
                        149(b) of this title for ozone, but is a 
                        nonattainment area for carbon monoxide or 
                        particulate matter.
                    ``(B) If the area was also classified under subpart 
                3 or 4 of part D of title I of such Act as a 
                nonattainment area described in subsection 149(b) of 
                this title for carbon monoxide or particulate matter or 
                both, the weighted nonattainment area population of the 
                area, as determined under clauses (2)(A) (i) through 
                (vi) of this subsection, shall be further multiplied by 
                a factor of 1.2. For an area that is a nonattainment 
                area for both carbon monoxide and for particulate 
                matter and the area's weighted population was 
                determined under clause (2)(A)(vii) of this subsection, 
                the area's weighted population shall be further 
                multiplied by a factor of 1.2. For such areas, the 
                population to which this factor is applied shall be the 
                larger of the carbon monoxide and the particulate 
                matter nonattainment area populations.
                    ``(C) Notwithstanding any other provision of this 
                paragraph, each State shall receive a minimum of one-
                half of 1 percent of the funds apportioned under this 
                paragraph. The Secretary shall use annual estimates 
                prepared by the Secretary of Commerce when determining 
                population figures.
                    ``(D) The additional population in geographic areas 
                newly designated as nonattainment areas as a result of 
                the promulgation of new national ambient air quality 
                standards and meeting the conditions of paragraph 
                149(f)(2) shall be multiplied by a factor of 1.0.
                    ``(E) Hold harmless from new naaqs. --
                Notwithstanding paragraph 149(b)(2) of this title, no 
                State that has submitted a State implementation plan 
                for any nonattainment area newly designated as a result 
                of revisions to the national ambient air quality 
                standards shall receive a lower CMAQ apportionment. The 
                Secretary shall apportion to each State sufficient sums 
                to ensure that each State receives an amount not less 
                than the apportionment each State would have received 
                under this paragraph had such standards not been 
                revised. Such sums as may be necessary to carry out 
                this subparagraph, as determined by the Secretary, 
                shall be set aside from amounts authorized for surface 
                transportation program apportionments under paragraph 
                (b)(3) of this section before such apportionments are 
                made, and shall be distributed at the time 
                apportionments are made under this paragraph.
            ``(3) Surface transportation program.--
                    ``(A) For the surface transportation program, 70 
                percent in the ratio that each State's annual 
                contributions to the Highway Trust Fund (other than the 
                Mass Transit Account) bear to the total of such annual 
                contributions by all States; and 30 percent in the 
                ratio that each State's total population bears to the 
                total population of all States, using the latest 
                available annual updates to the Federal decennial 
                census, as prepared by the Secretary of Commerce.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, each State shall receive a minimum of one-
                half of 1 percent of the funds apportioned under this 
                paragraph.''.
    (c) Recreational Trails Program.--Section 104(h) of such title is 
revised to read as follows:
    ``(h) Recreational Trails Program.--
            ``(1) Administrative costs.--Whenever an apportionment is 
        made of the sums authorized to be appropriated to carry out the 
        Recreational Trails Program under section 206 of this title, 
the Secretary shall deduct an amount, not to exceed 3 percent of the 
sums authorized, to cover the cost to the Secretary for administration 
of and research under the Recreational Trails Program and for 
administration of the Federal Recreational Trails Advisory Committee. 
The Secretary may enter into contracts with for-profit organizations or 
contracts, partnerships, or cooperative agreements with other 
government agencies, institutions of higher learning, or nonprofit 
organizations to perform these tasks.
            ``(2) Apportionment to the states.--After making the 
        deduction authorized by paragraph (1) of this subsection, the 
        Secretary shall apportion the remainder of the sums authorized 
        to be appropriated for expenditure on the Recreational Trails 
        Program for each fiscal year, among the States in the following 
        manner:
                    ``(A) Fifty percent of that amount shall be 
                apportioned equally among eligible States.
                    ``(B) Fifty percent of that amount shall be 
                apportioned among eligible States in amounts 
                proportionate to the degree of non-highway recreational 
                fuel use in each of those States during the preceding 
                year.''.
    (d) Woodrow Wilson Memorial Bridge.--Section 104(i) of such title 
is amended--
            (1) by revising paragraph (1) to read as follows:
            ``(1) Authorizations.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than the Mass 
        Transit Account) for the rehabilitation of the Woodrow Wilson 
        Memorial Bridge and for environmental studies and 
        documentation, planning, preliminary engineering and design, 
        final engineering, and construction of a new crossing of the 
        Potomac River as selected in accordance with the Woodrow Wilson 
        Memorial Bridge Authority Act of 1995 $40,000,000 for fiscal 
        year 1998, $180,000,000 for fiscal year 1999, and $180,000,000 
        for fiscal year 2000. Such funds shall remain available until 
        expended.''; and
            (2) by adding at the end the following new paragraphs:
            ``(3) No contracts shall be let for the actual construction 
        of a new bridge prior to the transfer of ownership of the 
        Woodrow Wilson Memorial Bridge to the Woodrow Wilson Memorial 
        Bridge Authority established in accordance with the Woodrow 
        Wilson Memorial Bridge Authority Act of 1995.
            ``(4) Construction of such bridge shall be administered in 
        accordance with the Federal Acquisition Regulations System, 
        title 48, Code of Federal Regulations.''.
    (e) Transfer of Highway and Transit Funds.--Section 104 of such 
title is further amended by adding at the end the following new 
subsection:
    ``(k) Transfer of Highway and Transit Funds.--
            ``(1) Funds made available under chapter 53 of title 49, 
        United States Code, for highway projects shall be transferred 
        to and administered by the Secretary in accordance with the 
        requirements of this title, except that the non-Federal share 
        provisions of chapter 53 shall apply to the transferred funds.
            ``(2) Funds made available under this title for transit 
        projects shall be transferred to and administered by the 
        Secretary in accordance with the requirements of chapter 53 of 
        title 49, United States Code, except that the non-Federal share 
        provisions of this title shall apply to the transferred funds.
            ``(3) Funds made available under chapter 53 of title 49, 
        United States Code, or this title for National Railroad 
        Passenger Corporation projects shall be transferred to and 
        administered by the Secretary in accordance with the 
        requirements of subtitle V, part C, of title 49, United States 
        Code, except that the respective non-Federal share provisions 
        of chapter 53 of title 49, United States Code, or this title 
        shall apply to the transferred funds.
            ``(4) Funds made available under chapter 53 of title 49, 
        United States Code, or this title for other eligible rail 
        projects shall be transferred to and administered by the 
        Secretary in accordance with such requirements as the Secretary 
        may determine, except that the respective non-Federal share 
        provisions of chapter 53 of title 49, United States Code, or 
        this title shall apply to the transferred funds, and except 
        that 49 U.S.C. 5333 shall apply to any funds transferred under 
        this paragraph that are used for the operation or construction 
        of mass transit facilities.
            ``(5) Obligation authority provided for these projects 
        shall be transferred in the same manner and amount as such 
        funds are transferred.''.
    (f) Audits of Highway Trust Fund.--From available administrative 
funds deducted under subsection 104(a) of such title, the Secretary may 
reimburse the Office of Inspector General of the Department of 
Transportation for conducting annual financial statement audits in 
accordance with the provisions of the Chief Financial Officers Act of 
1990.
    (g) Equity Adjustments.--Section 157 of such title is revised to 
read as follows:
``Sec. 157. Equity adjustments
    ``(a) Adjustments.--
            ``(1) Minimum allocation.--In each of fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003, on October 1, or as soon as 
        possible thereafter, the Secretary shall allocate among the 
        States amounts sufficient to ensure that a State's percentage 
        of the total apportionments in each such fiscal year for 
        Interstate maintenance, National Highway System, surface 
        transportation program, bridge program, congestion mitigation 
        and air quality improvement program, metropolitan planning, and 
        infrastructure safety program shall not be less than 90 percent 
        of the percentage of estimated tax receipts attributable to 
        highway users in the State paid into the Highway Trust Fund 
        (other than the Mass Transit Account), in the last fiscal year 
        for which data are available.
            ``(2) 90 percent of apportionments.--
                    ``(A) Fiscal year 1998.--On October 1, 1997, or as 
                soon as possible thereafter, the Secretary shall 
                allocate among the States amounts sufficient to ensure 
                that a State's percentage of the total apportionments 
                in each such fiscal year for interstate maintenance, 
                interstate reimbursement, National Highway System, 
                surface transportation program, bridge program, 
                congestion mitigation and air quality improvement 
                program, metropolitan planning, infrastructure safety 
                program, and minimum allocation shall not be less than 
                90 percent of the amount of the State's apportionments 
                for such categories, and the amounts received under 90 
                percent of payments, donor State bonus, hold harmless, 
                subsection 1015(c) of the Intermodal Surface 
                Transportation Efficiency Act of 1991, and section 202 
                of the National Highway System Designation Act of 1995, 
                in the previous fiscal year.
                    ``(B) Thereafter.--In each of fiscal years 1999, 
                2000, 2001, 2002, and 2003, on October 1, or as soon as 
                possible thereafter, the Secretary shall allocate among 
                the States amounts sufficient to ensure that a State's 
                percentage of the total apportionments in each such 
                fiscal year for interstate maintenance, interstate 
                reimbursement, National Highway System, surface 
                transportation program, bridge program, congestion 
                mitigation and air quality improvement program, 
                metropolitan planning, infrastructure safety program, 
                and minimum allocation shall be not less than 90 
                percent of the amount of the State's apportionments for 
                such categories and amounts received under the 90 
                percent of apportionments adjustment of this paragraph 
                in the previous fiscal year.
                    ``(C) Alaska.--Notwithstanding subparagraph (B), 
                for each of fiscal years 1999, 2000, 2001, 2002, and 
                2003, on October 1, or as soon as possible thereafter, 
                the Secretary shall allocate to the State of Alaska an 
                amount sufficient to ensure that Alaska's percentage of 
                the total apportionments in such fiscal year for 
                interstate maintenance, interstate reimbursement, 
                National Highway System, surface transportation 
                program, bridge program, congestion mitigation and air 
                quality improvement program, metropolitan planning, 
                infrastructure safety program, and minimum allocation 
                shall not be less than 100 percent of the amount of 
                Alaska's apportionments for such categories and amounts 
                received under the 90 percent of apportionments 
                adjustment of this paragraph in the previous fiscal 
                year.
    ``(b) Treatment of Allocations.--
            ``(1) Amounts allocated pursuant to subsection (a) of this 
        section shall be available for obligation when allocated, shall 
        be subject to the provisions of this title, and may be 
        obligated for any project eligible for funding under this 
        title. One-half of the amounts allocated pursuant to subsection 
        (a) of this section shall be subject to section 133(d)(2) of 
        this title. Obligation limitations for Federal-aid highways and 
        highway safety infrastructure programs under this title or 
        established by any subsequent Act shall not apply to 
        obligations made under this section, except where the provision 
        of law establishing such limitation specifically amends or 
        limits the applicability of this sentence.
            ``(2) Notwithstanding subsection (a) of this section, the 
        total amounts allocated pursuant to such subsection shall not 
        exceed the amounts authorized in subsection (d) of this 
        section. If the total amounts to be allocated pursuant to 
        subsection (a) of this section in any fiscal year would exceed 
        of the amounts authorized for such fiscal year under subsection 
        (d) of this section, the allocation to each State under 
        subsection (a) of this section shall be reduced 
        proportionately.
    ``(c) Treatment of Withheld Apportionments.--For purposes of 
subsection (a) of this section, any funds which, but for subsection 
158(b) of this title or any other provision of law under which Federal-
aid highway funds are withheld from apportionment, would be apportioned 
to a State in a fiscal year under a section referred to in subsection 
(a) shall be treated as being apportioned in such year.
    ``(d) Authorization of Appropriations.--In order to carry out this 
section, there are authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account) $790,000,000 for 
fiscal year 1998, $674,000,000 for fiscal year 1999, $583,000,000 for 
fiscal year 2000, $528,000,000 for fiscal year 2001, $508,000,000 for 
fiscal year 2002, and $508,000,000 for fiscal year 2003.''.
    (h) Conforming Amendment.--The analysis of chapter 1 of such title 
is amended by striking--

``157. Minimum allocation.''
and inserting--

``157. Equity adjustments.''.

SEC. 1005. STATE PERCENTAGE GUARANTEE.

    (a) General Rule.--The amount of funds which, but for this 
subsection, would be apportioned to a State for each of fiscal years 
1998 through 2003 under section 104(b)(3) of title 23, United States 
Code, shall be increased or decreased by an amount which, when added to 
or subtracted from the aggregate amount of funds apportioned to a State 
for such fiscal year under sections 104(b), 144, 157, 160, and 164 of 
such title will result in the percentage of amounts so apportioned to 
all States being at least equal to the percentage listed for such State 
in subsection (b) of this section.
    (b) State Percentages.--For purposes of subsection (a) of this 
section, the percentage of amounts apportioned which are referred to in 
subsection (a) for each State, Puerto Rico, and the District of 
Columbia shall be determined in accordance with the following table:

States:                                                     Percentages
        Alabama................................................    1.67
        Alaska.................................................    1.17
        Arizona................................................     1.4
        Arkansas...............................................    1.14
        California.............................................    8.87
        Colorado...............................................     1.1
        Connecticut............................................    1.87
        Delaware...............................................     0.4
        District of Columbia...................................    0.49
        Florida................................................    4.03
        Georgia................................................    2.86
        Hawaii.................................................    0.69
        Idaho..................................................    0.63
        Illinois...............................................    3.38
        Indiana................................................    2.16
        Iowa...................................................    1.11
        Kansas.................................................    1.09
        Kentucky...............................................    1.47
        Louisiana..............................................    1.39
        Maine..................................................    0.48
        Maryland...............................................    1.63
        Massachusetts..........................................    2.81
        Michigan...............................................    2.72
        Minnesota..............................................    1.36
        Mississippi............................................    1.08
        Missouri...............................................     2.1
        Montana................................................    0.87
        Nebraska...............................................    0.76
        Nevada.................................................    0.57
        New Hampshire..........................................    0.46
        New Jersey.............................................    2.69
        New Mexico.............................................    0.97
        New York...............................................    5.19
        North Carolina.........................................     2.5
        North Dakota...........................................    0.57
        Ohio...................................................    3.47
        Oklahoma...............................................    1.35
        Oregon.................................................    1.13
        Pennsylvania...........................................    4.11
        Rhode Island...........................................    0.53
        South Carolina.........................................    1.24
        South Dakota...........................................    0.64
        Tennessee..............................................    1.97
        Texas..................................................    6.21
        Utah...................................................    0.71
        Vermont................................................    0.42
        Virginia...............................................    2.16
        Washington.............................................     1.8
        West Virginia..........................................    0.88
        Wisconsin..............................................    1.87
        Wyoming................................................    0.62
        Puerto Rico............................................    0.46

SEC. 1006. PROJECT APPROVAL AND OVERSIGHT.

    (a) Section 106 of title 23, United States Code, is amended--
            (1) by revising the section title to read as follows:
``Sec. 106. Project approval and oversight'';
            (2) by redesignating subsections (e) and (f) as (g) and 
        (h), respectively; and
            (3) by striking subsections (a), (b), (c), and (d) and 
        inserting the following:
    ``(a) In General.--Except as otherwise provided in this section, 
the State highway 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 highway 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 highway department with respect to 
the arrangements or agreements made by the State highway 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. The Secretary and the State shall reach agreement as to 
        the extent the State may assume the Secretary's 
        responsibilities under this subsection. The Secretary may not 
        assume any greater responsibility than the Secretary is 
        permitted under this title 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 shall 
        assume the Secretary's responsibility for the design, plans, 
        specifications, estimates, contract awards, and inspection of 
        projects under this title.
    ``(d) Secretary's Responsibilities.--Nothing in this section, 
section 133, and  section 149 of this title shall affect or discharge 
any responsibility or obligation of the Secretary under any Federal 
law, other than this title, provided that any responsibility or 
obligation of the Secretary under sections 113 and 114 of this title, 
and section 5333 of title 49, United States Code, shall not be affected 
and may not be discharged under this section, section 133, or section 
149 of this title.
    ``(e) In such cases as the Secretary deems 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 
for any project with an estimated total cost of $1,000,000,000 or 
more.''.
    (b) Safety Standards.--Section 109 of such title is amended by 
adding at the end the following new subsection:
    ``(r) Safety considerations for projects under this title may be 
met by phase construction.''.
    (c) Davis-Bacon Act.--Section 113(a) of such title is revised to 
read as follows:
    ``(a) The Secretary shall ensure that laborers and mechanics 
employed by contractors and subcontractors in construction work 
authorized under this title be paid wages not less than those 
prevailing on similar construction in the locality, as determined by 
the Secretary of Labor under the Act of March 3, 1931 (known as the 
Davis-Bacon Act) (40 U.S.C. 275a-276a-5). For a labor standard under 
this subsection, the Secretary of Labor has the same duties and powers 
stated in Reorganization Plan No. 14 of 1950 (effective May 24, 1950, 
64 Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 
276c). This subsection shall not apply to construction work undertaken 
on highways classified as local roads or rural minor collectors. This 
subsection shall also not apply to transportation enhancement 
activities or recreational trails activities, provided that such 
activities are not within the right-of-way of or related to a Federal-
aid highway.''.
    (d) Such title is further amended by striking sections 105, 110 and 
117.
    (e) Conforming Amendment.--The analysis for chapter 1 of title 23 
is amended--
            (1) by revising the item relating to section 106 to read as 
        follows:

``106. Project approval and oversight.'';
        and
            (2) by striking the items relating to sections 110 and 117.

SEC. 1007. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.

    (a) Advance Acquisition of Real Property.--Section 108 of title 23, 
United States Code, is amended--
            (1) by revising the section heading to read as follows:
``Sec. 108. Advance acquisition of real property'';
            (2) by revising subsection (a) to read as follows:
    ``(a) For the purpose of facilitating the timely and economical 
acquisition of real property for any transportation improvement 
eligible for funding under this title, the Secretary, upon the request 
of a State, is authorized to make available, for the acquisition of 
real property, those funds apportioned to that State which may be 
expended on such transportation improvement, under such rules and 
regulations as the Secretary may prescribe. The agreement between the 
Secretary and the State for the reimbursement of the cost of such real 
property shall provide for the actual construction of a transportation 
improvement within a period not exceeding 20 years following the fiscal 
year in which such request is made unless a longer period is determined 
to be reasonable by the Secretary.''; and
            (3) by revising subsection (c) to read as follows:
    ``(c) Funds apportioned and advanced to States by the Secretary 
from the right-of-way revolving fund pursuant to this section prior to 
the effective date of this section remain available to such States for 
use on the projects for which such funds were advanced for a period of 
10 years from the date such funds were advanced. Immediately upon the 
termination of the 10-year period of time, or when actual construction 
is commenced, or upon approval by the Secretary of the plans, 
specifications, and estimates for such project for the actual 
construction of a project on rights-of-way with respect to which funds 
had been advanced from the right-of-way revolving fund, whichever shall 
occur first, the Highway Trust Fund shall be credited with an amount 
equal to the Federal share of the funds advanced, as provided in 
section 120 of this title, out of any Federal-aid highway funds 
apportioned to the State in which such project is located and available 
for obligation for projects of the type funded, and 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) Credit for Acquired Lands.--Section 323(b) of such title is 
amended--
            (1) by revising the subsection heading to read as follows:
    ``(b) Credit for Acquired Lands.--'';
            (2) by revising paragraphs (1) and (2) to read as follows:
            ``(1) General rule.--Notwithstanding any other provision of 
        this title, the State matching share for a project with respect 
        to which Federal assistance is provided out of the Highway 
        Trust Fund (other than the Mass Transit Account) may be 
        credited by the fair market value of any land that is obtained 
        by the State without violation of Federal law or requirements 
        and is incorporated into the project.
            ``(2) Establishment of fair market value.--The fair market 
        value of the land incorporated into a project shall be 
        established as determined by the Secretary. Fair market value 
        shall not include increases and decreases in the value of 
        donated property caused by the project. For purposes of this 
        subsection, the fair market value of donated land shall be 
        established as of the date the donation becomes effective or 
        when equitable title to the land vests in the State, whichever 
        is earlier.'';
            (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--

``108. Advance acquisition of rights-of-way.''
and inserting--

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

SEC. 1008. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.

    (a) In General.--Section 156 of title 23, United States Code, is 
revised to read as follows:
``Sec. 156. Proceeds from the sale or lease of real property
    ``(a) Subject to section 142(f) of this title, States shall charge, 
at a minimum, fair market value for the sale, use, lease, or lease 
renewals (other than for utility use and occupancy or for 
transportation projects 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 to charging for use or disposition of real 
property may be granted by the Secretary for social, environmental, or 
economic mitigation purposes.
    ``(c) The Federal share of net income from the revenues obtained by 
the State for sales, uses, or leases (including lease renewals) under 
this section 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--

``156. Income from airspace rights-of-way.''
and inserting--

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

SEC. 1009. INTERSTATE MAINTENANCE PROGRAM.

    (a) Elimination of Guidelines and Annual Certification 
Requirements; Preventive Maintenance Eligibility.--
            (1) Section 109 of title 23, United States Code, is 
        amended--
                    (A) by striking subsection (m); and
                    (B) by redesignating subsections (n), (o), (p), 
                (q), and (r) as (m), (n), (o), (p), and (q), 
                respectively.
            (2) Section 119 of such title is amended--
                    (A) by striking subsections (b) and (e); and
                    (B) by redesignating subsections (c), (d), (f), and 
                (g) as (b), (c), (d), and (e), respectively.
    (b) Eligible Activities.--Section 119(b) of such title, as so 
redesignated, is amended--
            (1) by inserting ``highways,'' after ``reconstruction of''; 
        and
            (2) by inserting ``and ITS capital improvements that are 
        infrastructure based to the extent that they improve the 
        performance of the Interstate System,'' after ``where 
        necessary,''.
    (c) Transferability of Interstate Maintenance Funds.--Section 
119(d) of such title, as so redesignated, is revised to read as 
follows:
    ``(d) Transferability of Interstate Maintenance Funds.--If a State 
certifies to the Secretary that any part of the sums apportioned to the 
State under section 104(b)(5)(B) of this title are in excess of the 
needs of the State for its Interstate System pavement and bridges and 
that the State is adequately maintaining its Interstate System pavement 
and bridges in accordance with condition criteria developed by the 
Secretary, and the Secretary accepts such certification, the State may 
transfer such excess part to its apportionment under sections 104(b)(1) 
and 104(b)(3) of this title.''.
    (d) Technical Amendment.--Section 119(a) of such title is amended 
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)''.

SEC. 1010. MAINTENANCE.

    (a) Duty To Maintain.--Section 116(a) of title 23, United States 
Code, is amended by striking ``system.'' and inserting ``highway, or, 
for a highway bridge on a public road that is classified as a local or 
rural minor collector, such obligation shall cease when such road is no 
longer a public road.''.
    (b) Annual Certification.--Section 116(c) of such title is 
amended--
            (1) by striking ``If at any time'' and inserting ``Each 
        State shall annually certify to the Secretary that it is 
        maintaining each project constructed with Federal-aid highway 
        funds in accordance with the purposes for which each project 
        was designed and constructed. If a State does not so certify or 
        if, at any time,''; and
            (2) by inserting after ``until such'' the following: 
        ``certification has been submitted and accepted or such''.
    (c) Technical Amendments.--Section 116 of such title is amended--
            (1) in subsection (b)--
                    (A) by striking ``the Federal-aid secondary system, 
                or within a municipality,'' and inserting ``a Federal-
                aid highway, or within a jurisdiction,''; and
                    (B) by striking ``county or municipality'' and 
                inserting ``jurisdiction''; and
            (2) in subsection (c)--
                    (A) by striking ``he'' and inserting ``the 
                Secretary''; and
                    (B) by striking ``further projects'' and inserting 
                ``further expenditure of Federal-aid highway program 
                funds''.

SEC. 1011. INTERSTATE 4R DISCRETIONARY PROGRAM.

    Section 118 of title 23, United States Code, is amended--
            (1) in the heading for subsection (c) by striking ``Set 
        Aside for Interstate Discretionary Projects.--'' and inserting 
        ``Set Aside for Interstate 4R Projects.--'';
            (2) by striking paragraphs (c)(1) and (c)(2); and
            (3) by inserting after the heading of subsection (c) the 
        following:
            ``(1) In general.--Before any apportionment is made under 
        section 104(b)(1) of this title, the Secretary shall set aside 
        $45,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
        2002, and 2003 for obligation by the Secretary for projects for 
        resurfacing, restoring, rehabilitating, and reconstructing any 
        route or portion thereof on the Interstate System (other than 
        any highway designated as a part of the Interstate System under 
        section 139 and any toll road on the Interstate System not 
        subject to an agreement under section 119(e) of this title, as 
        in effect on the day before the date of enactment of the 
        Intermodal Surface Transportation Efficiency Act of 1991, or an 
        agreement under section 129(a) of this title). Such funds shall 
        be made available by the Secretary to any State applying for 
        such funds, if the Secretary determines that--
                    ``(A) the State has obligated or demonstrates that 
                it will obligate in the fiscal year all of its 
                apportionments under section 104(b)(1) of this title 
                other than an amount which, by itself, is insufficient 
                to pay the Federal share of the cost of a project for 
                resurfacing, restoring, rehabilitating, and 
                reconstructing the Interstate System which has been 
                submitted by the State to the Secretary for approval; 
                and
                    ``(B) the applicant is willing and able to--
                            ``(i) obligate the funds within one year of 
                        the date the funds are made available;
                            ``(ii) apply the funds to a ready-to-
                        commence project; and
                            ``(iii) in the case of construction work, 
                        begin work within 90 days of obligation.
            ``(2) Priority consideration for certain i-4r projects.--In 
        selecting projects to fund under paragraph (1) of this 
        subsection, the Secretary shall give priority consideration to 
        any project the cost of which exceeds $10,000,000 on any high 
        volume route in an urban area or a high truck-volume route in a 
        rural area.
            ``(3) Period of availability of discretionary funds.--Sums 
        made available pursuant to this subsection shall remain 
        available until expended.''.

SEC. 1012. EMERGENCY RELIEF.

    (a) Federal Share.--Section 120(e) of title 23, United States Code, 
is amended--
            (1) by striking ``highway system'' and inserting 
        ``highway'';
            (2) by striking ``the Federal share payable on a project on 
        such system as provided in subsections (a) and (b) of this 
        section'' and inserting ``75 percent of the costs thereof''; 
        and
            (3) by striking ``180 days'' and inserting ``30 days''.
    (b) Eligibility and Funding.--Section 125 of such title is 
amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), and (d) as (d), 
        (e), and (f), respectively;
            (3) by inserting after the section heading the following 
        new subsections:
    ``(a) General Eligibility.--An emergency fund is authorized for 
expenditure by the Secretary, subject to the provisions of this section 
and section 120 of this title, for the repair or reconstruction of 
highways, roads, and trails which the Secretary finds have suffered 
serious damage, in any part of the United States, including Indian 
reservations, as a result of--
            ``(1) natural disaster over a wide area, such as by floods, 
        hurricanes, tidal waves, earthquakes, severe storms, or 
        landslides; 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 structural deficiencies or physical deterioration.
    ``(c) Funding.--Subject to the following limitations, there is 
hereby authorized to be appropriated from the Highway Trust Fund 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 one 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; and
            ``(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 times 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''.

SEC. 1013. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

    (a) Tolls on the Interstate System.--Section 129(a)(1) of title 23, 
United States Code, is amended--
            (1) in subparagraph (A) by striking ``(other than a 
        highway, bridge, or tunnel on the Interstate System)''; and
            (2) in subparagraph (D) by striking ``(other than a highway 
        on the Interstate System)''.
    (b) Elimination of Pilot Program.--Section 129 of such title is 
amended by striking subsection (d).

SEC. 1014. SURFACE TRANSPORTATION PROGRAM.

    (a) Established 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''.
    (b) Eligible Projects.--Section 133(b) of such title is amended--
            (1) in paragraph (2) by striking ``and publicly owned 
        intracity or intercity bus terminals and facilities'' and 
        inserting ``, including vehicles and facilities, publicly or 
        privately owned, that are used to provide intercity passenger 
        service by bus or rail'';
            (2) in paragraph (3) by adding after ``section 217'' the 
        following: ``, and the modification of existing public 
        sidewalks to comply with the requirements of the Americans with 
        Disabilities Act'';
            (3) in paragraph (4)--
                    (A) by inserting ``, publicly owned rail,'' after 
                ``Highway'';
                    (B) by inserting ``infrastructure'' after 
                ``safety''; and
                    (C) by inserting before the period ``and any other 
                non-infrastructure highway safety improvements'';
            (4) in paragraph (8), by inserting after ``activities'' the 
        following: ``, as defined in subsection 101(a), provided that 
        such activities have a direct link to surface transportation'';
            (5) in paragraph (11)--
                    (A) by inserting after ``participation in'' each 
                place it appears ``natural habitat and'';
                    (B) by inserting after ``enhance and create'' the 
                following: ``natural habitats and''; and
                    (C) by inserting before ``wetlands conservation'' 
                the following ``natural habitat and''; and
            (6) by adding at the end thereof the following:
            ``(12) Publicly owned intercity passenger rail 
        infrastructure and publicly owned intercity freight rail 
        infrastructure, including that owned by the National Railroad 
        Passenger Corporation.
            ``(13) Publicly owned passenger rail vehicles, including 
        those owned by the National Railroad Passenger Corporation.
            ``(14) Infrastructure-based Intelligent Transportation 
        Systems capital improvements.''.
    (c) Elimination of Safety Set-Aside.--Section 133 of such title is 
amended--
            (1) in the heading of subsection (d) by striking 
        ``Allocations of Apportioned Funds'' and inserting ``Use of 
        Funds'';
            (2) in subsection (d)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2), (3), (4), and 
                (5), as (1), (2), (3), and (4), respectively;
            (3) in paragraph (d)(2), as so redesignated, by striking 
        ``80'' and inserting ``90'';
            (4) in subparagraph (d)(2)(B), as so redesignated, by 
        striking ``tobe obligated under subparagraph'' and inserting 
        ``to be obligated under clause'';
            (5) in subparagraph (d)(2)(E), as so redesignated, by 
        striking ``subparagraph'' each place it appears and inserting 
        ``clause''; and
            (6) in subparagraph (d)(4)(A), as so redesignated, by 
        striking ``paragraph (2)'' and inserting ``paragraph (1)''.
    (d) Program Approval.--Section 133(e)(2) of such title is amended 
to read as follows:
            ``(2) Program approval.--Each State shall submit a project 
        agreement for each fiscal year, certifying that the State will 
        meet all the requirements of this section and notifying the 
        Secretary of the amount of obligations needed to administer the 
        surface transportation program. Each State shall request 
        adjustments to the amount of obligations as needed. The 
        Secretary's approval of the project agreement shall be deemed a 
        contractual obligation of the United States for the payment of 
        surface transportation program funds provided under this 
        title.''.
    (e) Payments.--Section 133(e)(3) of such title is amended--
            (1) by striking the second sentence in subparagraph (A); 
        and
            (2) by striking ``subsection (d)(2)'' and inserting 
        ``paragraph (d)(1)'' in clause (B)(i).
    (f) Obligation Authority.--Section 133(f) of such title is amended 
to read as follows:
    ``(f) Obligation Authority.--(1) A State that is required to 
obligate in an urbanized area with an urbanized area population of over 
200,000 under subsection (d) of this section funds apportioned to it 
under section 104(b)(3) of this title 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 for 
use in such area determined by multiplying--
            ``(A) the aggregate amount of funds that the State is 
        required to obligate in such area under subsection (d) of this 
        section during each such period; by
            ``(B) the ratio of the aggregate amount of obligation 
        authority distributed to the State for Federal-aid highways and 
        highway safety construction during each such period to the 
        total sums apportioned to the State for Federal-aid highways 
        and highway safety construction (excluding sums not subject to 
        an obligation limitation) during each such period.
    ``(2) Each State, affected metropolitan planning organization, and 
the Secretary shall jointly ensure compliance with paragraph (1) of 
this subsection.
    ``(3) Each State, in cooperation with each affected metropolitan 
planning organization, shall ensure fair and equitable treatment of 
central cities over 200,000 population in implementing the requirements 
of paragraph (1) of this subsection.''.

SEC. 1015. METROPOLITAN PLANNING.

    Section 134 of title 23, United States Code, is revised to read as 
follows:
``Sec. 134. Metropolitan planning
    ``(a) General Requirements.--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, in a fair and equitable manner. To accomplish this 
objective, metropolitan planning organizations, in cooperation with the 
State and public transit operators, shall develop transportation plans 
and programs for urbanized areas of the State. Such plans and programs 
shall provide for the development and integrated management and 
operation (excluding maintenance) of transportation systems and 
facilities (including pedestrian walkways and bicycle transportation 
facilities) which 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 Nation. The process for 
developing such 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.
    ``(b) Metropolitan Planning Organizations.--
            ``(1) Designation.--To carry out the transportation 
        planning process required by this section, a metropolitan 
        planning organization shall be designated for each urbanized 
        area of more than 50,000 population by agreement between the 
        Governor and units of general purpose local government which 
        together represent at least 51 percent of the affected 
        population (including the central city or cities as defined by 
        the Bureau of the Census) or by procedures established under 
        applicable State law.
            ``(2) Redesignation.--A metropolitan planning organization 
        may be redesignated by agreement between the Governor and units 
        of general purpose local government which together represent at 
        least 51 percent of the affected population (including the 
        central city or cities as defined by the Bureau of the Census) 
        or by procedures established under applicable State law.
            ``(3) Designation of more than one mpo.--More than one 
        metropolitan planning organization may be designated within an 
        existing metropolitan planning area only if the Secretary 
        concurs with a request from the Governor and existing MPO that 
        the size and complexity of the existing metropolitan planning 
        area make designation of more than one metropolitan planning 
        organization for such area appropriate.
            ``(4) MPO structure.--The policy boards of metropolitan 
        planning organizations, serving areas designated as a 
        transportation management area, when designated or 
        redesignated, shall include local officials, officials of 
        public agencies which 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 appropriate State officials.
            ``(5) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to interfere 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; and
                    ``(B) develop long-range capital plans, coordinate 
                transit services and projects, and carry out other 
                activities pursuant to State law.
    ``(c) Metropolitan Planning Area Boundaries.--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. Each metropolitan planning area shall cover at least 
the existing urbanized area and the contiguous area expected to become 
urbanized within the 20-year forecast period and may encompass the 
entire metropolitan statistical area or consolidated metropolitan 
statistical area, as defined by the Bureau of the Census. For an area 
designated as a nonattainment area for ozone, carbon monoxide, or 
particulate matter under the Clean Air Act, the boundaries of the 
metropolitan planning area in existence as of the last day of fiscal 
year 1996 shall be retained, except that such boundaries may be 
adjusted by agreement of the affected metropolitan planning 
organizations and Governors. For an urbanized area designated after 
September 30, 1996, the planning area boundaries shall cover at least 
the urbanized area and the contiguous area expected to become urbanized 
within the 20-year forecast period and may encompass the entire 
metropolitan statistical area or consolidated metropolitan statistical 
area, as defined by the Bureau of the Census. The boundaries shall be 
established by agreement between the appropriate units of general 
purpose local government (including the central city) and the Governor 
and address appropriately any nonattainment area identified under the 
Clean Air Act for ozone, carbon monoxide, or particulate matter.
    ``(d) Coordination in Multistate Areas.--
            ``(1) In general.--The Secretary shall encourage Governors 
        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 
        hereby given to any two or more States 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 such activities 
        pertain to interstate areas and localities within such States 
        and to establish such agencies, joint or otherwise, as such 
        States may deem desirable for making such agreements and 
        compacts effective.
    ``(e) Coordination of MPO's.--If more than one metropolitan 
planning organization has authority within an existing metropolitan 
planning area or an area which is designated as a nonattainment area 
for ozone, carbon monoxide or particulate matter under the Clean Air 
Act, each metropolitan planning organization shall coordinate with the 
other metropolitan planning organizations designated for such area and 
the State in the development of plans and programs required by this 
section.
    ``(f) Scope of the Planning Process.--
            ``(1) The metropolitan transportation planning process 
        shall consider as appropriate goals and objectives that--
                    ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency;
                    ``(B) increase the safety and security of the 
                transportation system;
                    ``(C) increase the accessibility and mobility 
                options available to people and for freight;
                    ``(D) protect and enhance the environment, energy 
                conservation, and quality of life;
                    ``(E) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for people and freight;
                    ``(F) promote efficient system management and 
                operation; and
                    ``(G) emphasize the preservation of the existing 
                transportation system.
            ``(2) The metropolitan planning organization shall 
        cooperatively determine with the State and transit operator(s) 
        how these considerations are translated into metropolitan goals 
        and objectives and how they are factored into decision making.
    ``(g) Development of Transportation Plan.--
            ``(1) In general.--Each metropolitan planning organization 
        shall prepare and update periodically, according to a schedule 
        that the Secretary determines to be appropriate, a 
        transportation plan for its metropolitan area in accordance 
        with the requirements of this subsection.
            ``(2) Transportation plan.--A transportation plan under 
        this section shall at a minimum:
                    ``(A) Identify transportation facilities (including 
                but not necessarily limited to major roadways, transit, 
                multimodal and intermodal facilities) that should 
                function as a future integrated transportation system, 
                giving emphasis to those facilities that serve 
                important national and regional transportation 
                functions. In formulating transportation plans, the 
                metropolitan planning process shall address the 
                considerations in subsection (f) of this section, any 
                State or local goals developed within the cooperative 
                metropolitan planning process, and other issues 
                addressed in this section as they relate to a 20-year 
                forecast period and to other forecast periods as 
                determined by the participants in the planning process.
                    ``(B) Identify transportation strategies necessary 
                to--
                            ``(i) ensure preservation, including 
                        requirements for management, operation 
                        (excluding maintenance), 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, 
                        especially for those without access to private 
                        motor vehicles.
                    ``(C) Include a financial plan that demonstrates 
                how the adopted transportation plan can be implemented, 
                indicates resources from public and private sources 
that are reasonably expected to be made available to carry out the 
plan, and recommends any additional financing strategies for needed 
projects and programs. For the purpose of developing the transportation 
plan, the MPO, public transit agency, and State, shall cooperatively 
develop estimates of funds that will be available to support plan 
implementation.
            ``(3) Coordination with related planning activities.--
                    ``(A) In metropolitan areas that are in 
                nonattainment for ozone, carbon monoxide, or 
                particulate matter under the Clean Air Act (41 U.S.C. 
                7401 et seq.), the metropolitan planning organization 
                and the State air quality agency (and local air quality 
                agencies as appropriate) shall coordinate the process 
                of developing the transportation plan and the State air 
                quality implementation plan, including development of 
                the transportation control measures for the State 
                implementation plan.
                    ``(B) The metropolitan planning process shall 
                develop transportation plans with due consideration of 
                and in coordination with other related planning 
                activities within the metropolitan planning area.
            ``(4) Participation by interested parties.--Before adopting 
        a 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 transportation plan, in a manner that the Secretary deems 
        appropriate.
            ``(5) Publication of transportation plan.--Each 
        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.--The metropolitan planning organization 
        designated for a metropolitan area, in cooperation with the 
        State and any affected public transit operator, shall develop a 
        transportation improvement program for the area for which such 
        organization is designated. In developing the program, the 
        metropolitan planning organization, in cooperation with the 
        State and 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. The program 
        shall be updated at least once every 2 years and shall be 
        approved by the metropolitan planning organization and the 
        Governor.
            ``(2) Content.--The transportation improvement program 
        shall include the following:
                    ``(A) A listing of proposed federally supported 
                surface transportation projects and strategies to be 
                carried out within each 3-year period after the initial 
                adoption of the transportation improvement program.
                    ``(B) A financial plan that demonstrates how the 
                transportation improvement program can be implemented, 
                indicates resources from public and private sources 
                that are reasonably expected to be made available to 
                carry out the program, and identifies innovative 
                financing techniques to finance projects, programs, and 
                strategies. For the purpose of developing the 
                transportation improvement program, the MPO, public 
                transit agency, and State shall cooperatively develop 
                estimates of funds that will be available to support 
                program implementation.
            ``(3) Included 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, United States Code. Regionally 
        significant projects proposed for funding under chapter 2 of 
        this title shall be identified individually, and chapter-2 
        funded projects not deemed to be regionally significant shall 
        be either grouped in one line item or identified individually. 
        All projects shall be consistent with the transportation plan 
        developed under subsection (g) of this section for the area. 
        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 
        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.--Except as otherwise provided 
        in paragraph (i)(4) of this section and in addition to the 
        cooperative transportation improvement program development 
        called for in paragraph (h)(1) of this section, selection of 
        federally funded projects for implementation in metropolitan 
        areas shall be carried out by the State and designated transit 
        funding recipients from the approved transportation improvement 
        program in cooperation with the metropolitan planning 
        organization.
    ``(i) Transportation Management Areas.--
            ``(1) Designation.--The Secretary shall designate as 
        transportation management areas all urbanized areas over 
        200,000 population. The Secretary shall designate any 
        additional area as a transportation management area upon the 
        request of the Governor and the metropolitan planning 
        organization designated for such 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 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, United States 
        Code, through the use of travel demand reduction and 
        operational management strategies.
            ``(4) Selection of projects.--In addition to the 
        cooperative transportation improvement program development 
        called for in paragraph (h)(1) of this section, all federally 
        funded projects carried out within the boundaries of a 
        transportation management area pursuant to this title 
        (excluding projects undertaken on the National Highway System 
        and pursuant to the bridge and interstate maintenance programs) 
        or pursuant to chapter 53 of title 49, United States Code, 
        shall be selected for implementation from the approved 
        transportation improvement program by the metropolitan planning 
        organization designated for such area in consultation with the 
        State and public transit operator. Projects undertaken within 
        the boundaries of a transportation management area on the 
        National Highway System or pursuant to the bridge and 
        Interstate maintenance programs shall be selected for 
        implementation from the approved transportation improvement 
        program by the State in cooperation with the metropolitan 
        planning organization designated for such area.
            ``(5) Certification.--The Secretary shall assure that the 
        metropolitan planning process in each transportation management 
        area is being carried out under applicable provisions of 
        Federal law, and shall so certify at least once every 3 years. 
        The Secretary may make such certification only if (1) the 
        transportation planning process complies with the requirements 
        of this section and other applicable requirements of Federal 
        law, and (2) there is a transportation improvement program for 
        the area that has been approved by the metropolitan planning 
        organization and the Governor. If a metropolitan planning 
        process is not certified, the Secretary may withhold all or 
        part of the apportioned funds attributable to the 
        transportation management area under title 23 and chapter 53 of 
        title 49, United States Code. The withheld apportionments shall 
        be restored to the metropolitan area at such time as the 
        metropolitan planning organization is certified by the 
        Secretary. The Secretary shall not withhold certification under 
        this section based upon 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.--For 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 to be appropriate to achieve the purposes of this 
section, taking into account the complexity of transportation problems 
in such area. In no event shall the Secretary permit abbreviated plans 
or programs for a metropolitan area which is in nonattainment for 
ozone, carbon monoxide or particulate matter under the Clean Air Act.
    ``(k) Additional Requirements for Certain Nonattainment Areas.--
Notwithstanding any other provisions of this title or chapter 53 of 
title 49, United States Code, for a transportation management area 
classified as nonattainment for ozone, carbon monoxide or particulate 
matter pursuant to the Clean Air Act, Federal funds may not be 
programmed in such 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 which is part of the planning process. The provisions of this 
subsection apply to the nonattainment area within the planning area 
boundary defined in subsection (c) of this section.
    ``(l) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible under this 
title of chapter 53 of title 49, United States Code.
    ``(m) Funding.--Funds set aside pursuant to section 104(f) of this 
title and section 5303 of title 49 shall be available to carry out the 
requirements of this section. Any funds that are not used for the 
purpose of carrying out this section may be made available by the 
metropolitan planning organization to the State for the purpose of 
funding activities under section 135 of this title.''

SEC. 1016. STATEWIDE PLANNING.

    Section 135 of title 23, United States Code, is revised to read as 
follows:
``Sec. 135. Statewide planning
    ``(a) General Requirements.--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 the State in a fair and 
equitable manner. Subject to section 134 of this title and sections 
5303 through 5305 of title 49, the State shall develop transportation 
plans and programs for all areas of the State. Such plans and programs 
shall provide for the development and integrated management and 
operation (excluding maintenance) 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 Nation's intermodal transportation system. The process for 
developing such 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.
    ``(b) Scope of the Planning Process.--
            ``(1) Each State shall undertake a transportation planning 
        process that shall consider as appropriate transportation goals 
        and objectives that--
                    ``(A) support the economic vitality of the Nation, 
                its States and metropolitan areas, especially by 
                enabling global competitiveness, productivity and 
                efficiency;
                    ``(B) increase the safety and security of the 
                transportation system;
                    ``(C) increase the accessibility and mobility 
                options available to people and for freight, especially 
                to people without access to private motor vehicles;
                    ``(D) protect and enhance the environment, energy 
                conservation, and quality of life;
                    ``(E) enhance the integration and connectivity of 
                the transportation system, across and between modes 
                throughout the State for people and freight;
                    ``(F) promote efficient system management and 
                operation; and
                    ``(G) emphasize the preservation of the existing 
                transportation system.
            ``(2) The State shall cooperatively determine with its 
        planning partners how these considerations are translated into 
        State goals and objectives and how they are factored into 
        decision-making.
            ``(3) In addition, each State in carrying out planning 
        under this section shall consider the following:
                    ``(A) The coordination of transportation plans, 
                programs and planning activities developed and 
                performed for metropolitan areas of the State under 
                section 134 of this title and sections 5303 through 
                5305 of title 49, with the State transportation plans, 
                programs and planning activities developed and 
                performed under this section and the reconciliation of 
                such plans and programs as necessary to ensure 
                connectivity within transportation systems and to 
                ensure that the requirements of the Clean Air Act are 
                met.
                    ``(B) In non-metropolitan areas the concerns of 
                local elected officials having jurisdiction over 
                transportation.
                    ``(C) The concerns of Indian tribal governments and 
                Federal Lands Agencies having jurisdiction over lands 
                within the boundaries of the State.
                    ``(D) Coordination of transportation plans, 
                programs and planning activities with related planning 
                activities being undertaken outside of metropolitan 
                planning areas.
    ``(c) Transportation Plan.--The State shall develop a 
transportation plan, with a minimum 20-year forecast period, for all 
areas of the State that provides for the development and implementation 
of the State's intermodal transportation system. With respect to 
metropolitan areas of the State, the plan shall be developed in 
cooperation with metropolitan planning organizations designated for 
metropolitan areas in the State under section 134 of this title and 
sections 5303 through 5305 of title 49. In non-metropolitan areas, the 
statewide plan shall be developed in consultation with local elected 
officials with jurisdiction over transportation. With respect to areas 
of the State under the jurisdiction of an Indian tribal government, the 
plan shall be developed in cooperation with such government and the 
Secretary of the Interior. In developing the plan, the State 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 plan and shall identify transportation strategies 
necessary to efficiently serve the mobility needs of people, especially 
those without access to private motor vehicles.
    ``(d) State Transportation Improvement Program.--
            ``(1) Development.--The State shall develop a 
        transportation improvement program for all areas of the State. 
        With respect to a metropolitan area of the State, the program 
        shall be developed in cooperation with the metropolitan 
        planning organizations designated for the metropolitan area 
        under section 134 of this title and sections 5303 through 5305 
        of title 49. In a non-metropolitan area, the program shall be 
        developed in consultation with local elected officials with 
        jurisdiction over transportation. 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 transportation improvement 
        program for a State developed under this subsection shall 
        include federally supported surface transportation expenditures 
        within the boundaries of the State. Regionally significant 
        projects proposed for funding under chapter 2 of this title 
        shall be identified individually, and chapter 2-funded projects 
        not deemed to be regionally significant shall be either grouped 
        in one line item or identified individually. All projects shall 
        be consistent with the transportation plan developed under this 
        section for the State, identical with an approved metropolitan 
        transportation improvement program, and in an area designated 
        as nonattainment for ozone, carbon monoxide, or particulate 
        matter under the Clean Air Act conform with the applicable 
        State implementation plan developed pursuant to the Clean Air 
        Act. 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 such project within the time 
        period contemplated for completion of the project. The program 
        shall also reflect the priorities for programming and 
        expenditures of funds, including transportation enhancements, 
        required by this title.
            ``(3) Project selection for areas less than 50,000 
        population.--Projects undertaken in areas of less than 50,000 
        population shall be selected for advancement from the approved 
        State 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, upon a finding that the planning process through 
        which the program was developed is consistent with this section 
        and section 134 of this title, approved no less frequently than 
        biennially by the Secretary.
    ``(e) Funding.--Funds set aside pursuant to section 329(a) of title 
23, United States Code, and section 5313(b) of title 49, United States 
Code, shall be available to carry out the requirements of this 
section.''.

SEC. 1017. RESEARCH, TRAINING, AND EMPLOYMENT OPPORTUNITIES.

    (a) Training.--
            (1) Section 140(a) of title 23, United States Code, is 
        amended by inserting after the third sentence the following: 
        ``In implementing such programs, a State should reserve 
        training positions for persons who receive welfare assistance 
        from such State.''.
            (2) Section 140(b) of such title is amended--
                    (A) in the first sentence--
                            (i) by inserting ``and technology'' after 
                        ``construction''; and
                            (ii) by inserting after ``programs'' the 
                        following: ``, and to develop and fund Summer 
                        Transportation Institutes''; and
                    (B) in the last sentence by striking ``may be 
                available'' and inserting ``should be utilized''.
    (b) Employment.--
            (1) Section 140(d) of such title is amended in the second 
        sentence by striking ``may'' and inserting ``should''.
            (2) Section 140 of such title is further amended by adding 
        at the end the following new subsections:
    ``(e) Welfare Recipient Employment.--
            ``(1) Nothing in this title shall preclude the preferential 
        employment, in accordance with paragraph (2) of this 
        subsection, of persons who receive welfare assistance and 
        persons who reside in Empowerment Zones and Enterprise 
        Communities designated in accordance with 26 U.S.C. 1391.
            ``(2) A State should implement a preference for employment 
        of persons who receive welfare assistance from such State and 
persons who reside in Empowerment Zones and Enterprise Communities in 
such State on any project carried out under this title. The Secretary 
shall cooperate with States to implement this subsection.
    ``(f) Welfare Assistance Defined.--As used in this section, the 
term `welfare assistance' means assistance provided in accordance with 
title I of the Personal Responsibility and Work Opportunity Act of 1996 
(42 U.S.C. 601 et seq.).
    ``(g) Virgin Islands Resident Employment.--
            ``(1) Nothing in this title shall preclude the preferential 
        employment, in accordance with paragraph (2) of this 
        subsection, of local workers on any project carried out under 
        this title in the Virgin Islands.
            ``(2) The territory of the Virgin Islands should implement 
        a preference for employment of local workers on any project 
        carried out under this title in the Virgin Islands. The 
        Secretary shall cooperate with the Virgin Islands to implement 
        this subsection.''.
    (c) Technical Corrections.--Section 140 of such title is further 
amended--
            (1) in the second sentence of subsection (a) by striking 
        ``He'' and inserting ``The Secretary'';
            (2) in the third sentence of subsection (a)--
                    (A) by striking ``of the Federal-aid systems'' and 
                inserting ``Federal-aid highway''; and
                    (B) by striking ``he'' and inserting ``the 
                Secretary'';
            (3) in the fourth sentence of subsection (a) by striking 
        ``him'' and inserting ``the Secretary'';
            (4) in subsection (b) by striking ``he'' and inserting 
        ``the Secretary'';
            (5) in subsection (c) by striking ``he'' and inserting 
        ``the Secretary''; and
            (6) in the heading of subsection (d) by striking ``and 
        contracting''.
    (d) Minority Institutions of Higher Education.--Section 307 of such 
title is amended by adding at the end the following new subsection:
    ``(i) Minority Institutions of Higher Education.--To increase their 
participation in grants and cooperative agreements awarded under this 
section, the Secretary shall establish an assistance program to 
increase participation by historically black colleges and universities, 
Hispanic-serving institutions, American Indian community colleges, and 
other minority institutions of higher education, as defined under 20 
U.S.C. 1059c(b)(1), 1061(2) and 1135d-5(3) or as may be designated by 
the United States Department of Education pursuant to other Federal 
laws. Notwithstanding any other provision of this title, this program 
may utilize limited competition to increase the award of grants and 
cooperative agreements under this Section to such institutions, so long 
as otherwise consistent with law. The Secretary may issue regulations 
to implement this program.''.

SEC. 1018. DISADVANTAGED BUSINESS ENTERPRISES.

    (a) General Rule.--Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts 
authorized to be appropriated for any program under titles I, III, V, 
and VI 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 paragraph (1) 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. 1019. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM.

    (a) Section 144 of title 23, United States Code, is revised to read 
as follows:
``Sec. 144. Highway bridge replacement and rehabilitation program
    ``(a) Purpose.--The purposes of the Highway Bridge Replacement and 
Rehabilitation Program authorized under this section are to enable 
States to replace or rehabilitate highway bridges on public roads that 
cross waterways, other topographical barriers, other highways, and 
railroads, where such highway bridges are significantly important and 
are unsafe because of structural deficiencies or functional 
obsolescence; and to fund certain preventive measures listed in 
subsection (c) of this section, which are designed to prolong the lives 
of such highway bridges.
    ``(b) Bridge Inventory.--
            ``(1) 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;
                    ``(C) assign each such bridge a priority for 
                replacement or rehabilitation based on the 
                classification in subparagraph (B); and
                    ``(D) determine the cost of rehabilitating each 
                such bridge or replacing each such bridge with a 
                comparable facility.
            ``(2) The Secretary shall consult with the Secretary of the 
        Interior in preparing the inventory of highway bridges on 
        Indian reservation roads and park roads under paragraph (1) of 
        this subsection.
            ``(3) The Secretary shall consult with the States in 
        preparing the inventory of highway bridges on public roads 
        under paragraph (1) of this subsection.
            ``(4) The Secretary may, at the request of a State, 
        inventory highway bridges on public roads for historical 
        significance.
    ``(c) Eligible Highway Bridge Projects.--
            ``(1) Replacement and rehabilitation.--Each State seeking 
        to obligate funds under this section for a project to replace a 
        highway bridge with a comparable facility designed according to 
        current engineering standards or rehabilitate a highway bridge 
        that the priority system established under subsection (b) of 
        this section shows to be eligible shall apply to the Secretary. 
        The Secretary may approve Federal participation in such project 
        under this section, and shall determine the eligibility of such 
        project based upon the unsafe highway bridges in the State.
            ``(2) Preventive measures.--
                    ``(A) Each State seeking to obligate funds under 
                this section to seismically retrofit, paint, apply 
                calcium magnesium acetate to, or install scour 
                countermeasures on a highway bridge on a public road 
                that crosses waterways, other topographical barriers, 
                other highways, or railroads shall apply to the 
                Secretary.
                    ``(B) The Secretary may approve Federal 
                participation in any project described in subparagraph 
                (A) of this paragraph without regard to whether the 
                highway bridge is eligible for replacement or 
                rehabilitation under this section.
    ``(d) Apportionments.--
            ``(1) Funds authorized to carry out this section shall be 
        apportioned among the several States on the first day of the 
        fiscal year for which they are authorized, or as soon as 
        possible thereafter, in accordance with this subsection.
            ``(2) Each deficient bridge shall be placed into one of the 
        following categories:
                    ``(A) Federal-aid highway bridges eligible for 
                replacement;
                    ``(B) Federal-aid highway bridges eligible for 
                rehabilitation;
                    ``(C) bridges eligible for replacement that are on 
                public roads functionally classified as local roads or 
                rural minor collectors; or
                    ``(D) bridges eligible for rehabilitation that are 
                on public roads functionally classified as local roads 
                or rural minor collectors.
            ``(3) The square footage of deficient bridges in each 
        category shall be multiplied by the respective unit price on a 
        State-by-State basis, as determined by the Secretary; and the 
        total cost in each State divided by the total cost of the 
        deficient bridges in all States shall determine the 
        apportionment factors. For purposes of the preceding sentence, 
        the total cost of deficient bridges in a State shall be reduced 
        in fiscal year 2003 by the total amount of funds apportioned to 
        that State under this section that the State--
                    ``(A) transferred to an apportionment under 
                paragraphs 104(b)(1) or (b)(3) of this title, in 
                accordance with subsection 104(g) of this title, in 
                fiscal years 1998 through 2002; and
                    ``(B) did not restore to its apportionment under 
                this section by the end of fiscal year 2002.
            ``(4) A State may receive not more than 10 percent or less 
        than 0.25 percent of the total apportionment under this section 
        in a fiscal year.
            ``(5) The Secretary shall make the determinations required 
        under this subsection based upon the latest available data, 
        which shall be updated annually.
            ``(6) Not less than 15 percent and not more than 35 percent 
        of the amount apportioned to each State in each fiscal year 
        shall be expended for projects to replace, rehabilitate, 
        seismic retrofit, paint, apply calcium magnesium acetate to, or 
        install scour countermeasures on highway bridges located on 
        public roads that are functionally classified as local roads or 
        rural minor collectors. The Secretary, after consultation with 
        local and State officials in a State, may, with respect to such 
        State, reduce the requirement for expenditure for highway 
        bridges on public roads that are functionally classified as 
        local roads or rural minor collectors when the Secretary 
        determines that such State has inadequate needs to justify such 
        expenditure.
            ``(7) Funds apportioned under this section 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, 
        except that the Secretary shall reapportion any funds not 
        obligated by a State at the expiration of such period to the 
        other States in accordance with this section. The use of funds 
        authorized under this section to carry out a project for the 
        seismic retrofitting or painting of, the application of calcium 
        magnesium acetate to, or the installation of scour 
        countermeasures on a bridge shall not affect the apportionment 
        of funds under this section.
    ``(e) Bridge Permit Exemption.--Notwithstanding any other provision 
of law, the General Bridge Act of 1946 (33 U.S.C. 525-533) shall apply 
to bridges authorized to be replaced, in whole or in part, under this 
section, except that subsection 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 (33 
U.S.C. 401) shall not apply to any bridge constructed, reconstructed, 
rehabilitated, or replaced with assistance under this title, if such 
bridge is over waters that are--
            ``(1) 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
            ``(2) not tidal; or
            ``(3) tidal but used only by recreational boating, fishing, 
        and other small vessels less than 21 feet in length.
    ``(f) Distribution of Apportioned Funds.--Sums apportioned to a 
State under this section shall be made available for obligation 
throughout such State on a fair and equitable basis.
    ``(g) Periodic Secretarial Review.--The Secretary shall 
periodically review the procedure used in approving or disapproving 
applications submitted under this section to determine what changes, if 
any, should be made to expedite such procedure. Any such changes shall 
be implemented by the Secretary as soon as possible.
    ``(h) Historic Bridge Program.--
            ``(1) Coordination.--The Secretary shall, in cooperation 
        with the States, implement the programs described in this 
        section in a manner that encourages the inventory, retention, 
rehabilitation, adaptive reuse, and future study of historic bridges.
            ``(2) State inventory.--The Secretary shall require each 
        State to complete an inventory of all bridges on public roads 
        to determine their historical significance.
            ``(3) Eligibility.--Reimbursable project costs under this 
        title for historical bridge projects shall be--
                    ``(A) reasonable costs associated with actions to 
                preserve, or reduce the impact of a project under this 
                chapter on, the historic integrity of a historic 
                bridge, if the load capacity and safety features of the 
                bridge are adequate to serve the intended use for the 
                life of the bridge; except that in the case of a bridge 
                that is no longer used for motorized vehicular traffic, 
                the costs eligible as reimbursable project costs 
                pursuant to this subsection shall not exceed the 
                estimated cost of demolition of such bridge; and
                    ``(B) costs incurred by a State to preserve a 
                historic bridge, including funds made available to a 
                State, locality, or responsible private entity to 
                enable it to accept the bridge under this subsection, 
                up to an amount not to exceed the cost of demolition. 
                Any bridge preserved pursuant to this subparagraph 
                shall thereafter not be eligible for any other funds 
                authorized under this title.
            ``(4) Preservation.--Any State that proposes to demolish a 
        historic bridge for a replacement project to be funded under 
        this section shall first make the bridge available for donation 
        to a State, locality, or responsible private entity that enters 
        into an agreement to--
                    ``(A) maintain the bridge and the features that 
                give it its historical significance; and
                    ``(B) assume all future legal and financial 
                responsibility for the bridge, which may include an 
                agreement to hold the State highway agency harmless in 
                any liability action.
            ``(5) Historic bridge defined.--As used in this subsection, 
        the term `historic bridge' means any bridge that is listed on, 
        or eligible for listing on, the National Register of Historic 
        Places.
    ``(i) Applicability of State Standards to Non-NHS Projects.--
Projects other than projects on the National Highway System shall be 
designed, constructed, operated, and maintained in accordance with 
State laws, regulations, directives, and State safety, design, and 
construction standards.
    ``(j) Rehabilitate Defined.--As used in this section, the term 
`rehabilitate' in any of its forms means major work necessary to 
restore the structural integrity of a bridge as well as work necessary 
to correct a major safety defect.
    ``(k) Discretionary Bridge Program.--
            ``(1) Allocations.--Of the amounts authorized for each of 
        fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 to carry 
        out this section, all but $55,000,000 shall be apportioned as 
        provided in subsection (d) of this section. $55,000,000 per 
        each such fiscal year shall be allocated at the discretion of 
        the Secretary for any project eligible under paragraph (2) of 
        this subsection and shall be available for obligation each year 
        on the date of each such apportionment in the same manner and 
        to the same extent as the sums apportioned on such date.
            ``(2) Eligible discretionary projects.--Amounts made 
        available under paragraph (1) of this subsection for obligation 
        at the discretion of the Secretary may be obligated only--
                    ``(A) for a project for a highway bridge the 
                replacement or rehabilitation cost of which is more 
                than $10,000,000; and
                    ``(B) for a project for a highway bridge the 
                replacement or rehabilitation cost of which is less 
                than $10,000,000, if such cost is at least twice the 
                amount apportioned to the State in which such bridge is 
                located in accordance with subsection (d) of this 
                section for the fiscal year in which application is 
                made for a grant for such bridge.''.
    (b) Transferability of Bridge Apportionments.--Section 104(g) of 
such title is amended by inserting before the period at the end of the 
third sentence the following: ``only if there are no National Highway 
System bridges in such State that require load posting based on 
National Bridge Inventory Item 70''.

SEC. 1020. 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 such title is revised to 
read as follows:
    ``(b) Eligible Projects.--Except as provided in subsection (c), a 
State may obligate funds apportioned to it under section 104(b)(2) for 
the congestion mitigation and air quality improvement program only for 
a transportation project or program if the project or program is for an 
area designated as a nonattainment area for ozone, carbon monoxide, or 
particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 
7407(d)) and classified pursuant to sections 181(a), 186(a), or 188(a) 
or (b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), or 7513(a) or 
(b)) except as otherwise provided in paragraph (f)(2) of this section; 
and--
            ``(1)(A) if the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines, on the basis of information published by the 
        Environmental Protection Agency pursuant to section 
        108(f)(1)(A) of the Clean Air Act, that the project or program 
        is--
                    ``(i) likely to contribute to the attainment of a 
                national ambient air quality standard in a 
                nonattainment area designated and classified in 
                accordance with the provisions of the Clean Air Act 
                cited in this subsection; or
                    ``(ii) likely to reduce emissions for the 
                maintenance of a national ambient air quality standard 
                in a nonattainment area designated and classified in 
                accordance with the provisions of the Clean Air Act 
                cited in this subsection that 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)) (a `maintenance' 
                area); or
            ``(B) in any case in which such information is not 
        available, if the Secretary, after such consultation, 
        determines that the project or program is part of a program, 
        method, or strategy described in section 108(f)(1)(A).
            ``(2) if the project or program is included in a State 
        implementation or maintenance plan that has been approved 
        pursuant to the Clean Air Act and the project will have air 
        quality benefits; or
            ``(3) if the Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines that the project is likely to contribute to the 
        attainment of a national ambient air quality standard or 
        maintenance of such standard, whether through reductions in 
        vehicle miles traveled or fuel consumption, through traffic 
        management and control improvements, or through other factors.
            ``(4) In selecting eligible projects for advancement, both 
        the short-term effectiveness and the long-term sustainability 
        of air quality benefits should be considered, and priority must 
        be given to implementing those projects and programs that are 
        included in an approved State implementation or maintenance 
        plan as a transportation control measure and that will have air 
        quality benefits.''.
    (c) Single Occupant Vehicles.--Section 149 of such title is 
amended--
            (1) by redesignating subsections (c) and (d) as (d) and 
        (e), respectively; and
            (2) by inserting the following new subsection:
    ``(c) Single Occupant Vehicles.--No funds may be provided under 
this section for a project that will result in the construction of new 
capacity available to single occupant vehicles unless the project 
consists of a high occupancy vehicle facility available to single 
occupant vehicles only at other than peak travel times.''.
    (d) States Without a Nonattainment Area.--Section 149(d), as so 
redesignated, of such title is amended to read as follows:
    ``(d) States Without a Nonattainment Area.--If a State does not 
have, and never has had, within its borders a nonattainment area 
designated and classified in accordance with the provisions of the 
Clean Air Act cited in subsection (b) of this section or otherwise 
included in subsection (f) of this section, the State may use funds 
apportioned to it under section 104(b)(2) of this title for any project 
eligible for assistance under the surface transportation program. If a 
State does not have within its borders a nonattainment area designated 
and classified in accordance with the provisions of the Clean Air Act 
cited in subsection (b) of this section, but has had one or more areas 
that were such nonattainment areas but have been redesignated as 
attainment within its borders, the State must demonstrate to the 
Secretary that it has sufficient funding to implement any 
transportation project or program included in a maintenance plan that 
has been approved pursuant to the Clean Air Act to maintain the 
national ambient air quality standards before the State may use funds 
apportioned to it under section 104(b)(2) of this title for any project 
eligible for assistance under the surface transportation program.''.
    (e) Nonattainment Boundaries.--Section 149 of such title is amended 
by adding the following new subsection:
    ``(f) Nonattainment Boundaries.--For purposes of this section, the 
boundaries of nonattainment and maintenance areas--
            ``(1) shall continue to be those determined by the 
        Administrator of the Environmental Protection Agency in 
        accordance with sections 181(a), 186(a), or 188(a) or (b) of 
        the Clean Air Act (42 U.S.C. 7511(a), 7512(a), or 7513(a) or 
        (b)); and
            ``(2) if new national ambient air quality standards are 
        promulgated, the boundaries of a nonattainment area shall be 
        those determined by the Administrator of the Environmental 
        Protection Agency. Projects shall be eligible in any additional 
        geographic area newly designated as nonattainment provided that 
        a State implementation plan has been submitted for such area to 
        the Environmental Protection Agency.''.
    (f) Federal Share.--Section 120(c) of such title is amended by 
striking ``The'' and inserting ``Except for projects funded from the 
sums apportioned under section 104(b)(2) of this title, the''.

SEC. 1021. INTERSTATE REIMBURSEMENT.

    (a) General Authority.--Section 160(a) of title 23, United States 
Code, is amended by striking ``1996 and 1997'' and inserting ``1998, 
1999, 2000, 2001, 2002, and 2003''.
    (b) Determination of Reimbursement Amount.--Section 160(b) of such 
title is amended by striking ``1996 and 1997'' and inserting ``1998, 
1999, 2000, 2001, 2002, and 2003''.
    (c) Limitation of Applicability.--Section 160(e) of such title is 
amended by striking paragraph (3).
    (d) Authorization of Appropriations.--Section 160(f) of such title 
is amended--
            (1) by striking ``$2,000,000,000'' and inserting 
        ``$1,000,000,000''; and
            (2) by striking ``1996 and 1997'' and inserting ``1998, 
        1999, 2000, 2001, 2002, and 2003''.

SEC. 1022. STATE INFRASTRUCTURE BANK PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 162. State infrastructure bank program
    ``(a) In General.--
            ``(1) Cooperative agreements.--Subject to the provisions of 
        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.
            ``(2) Interstate compacts.--Congress grants consent to 2 or 
        more of the States, entering into a cooperative agreement under 
        paragraph (1) of this subsection with the Secretary for the 
        establishment of a multistate infrastructure bank, to enter 
        into an interstate compact establishing such bank in accordance 
        with this section.
    ``(b) Funding.--
            ``(1) Separate accounts.--An infrastructure bank 
        established under this section shall maintain a separate 
        highway account for Federal funds contributed to the bank under 
        paragraph (2) of this subsection and a separate transit account 
        for Federal funds contributed to the bank under paragraph (3) 
        of this subsection. No Federal funds contributed or credited to 
        an account of an infrastructure bank established under this 
        section may be commingled with Federal funds contributed or 
        credited to any other account of such bank.
            ``(2) Highway account.--Notwithstanding any other provision 
        of law, the Secretary may allow, subject to paragraph (g)(1) of 
        this section, a State entering into a cooperative agreement 
under this section to contribute not to exceed--
                    ``(A) 10 percent of the funds apportioned to the 
                State under each of sections 104(b)(1), 104(b)(3), 
                104(b)(5)(B), 144, and 160 of this title; and
                    ``(B) 10 percent of the funds allocated to the 
                State under section 157 of this title;
        into the highway account of the infrastructure bank established 
        by the State. Federal funds contributed to such account under 
        this paragraph shall constitute for purposes of this section a 
        capitalization grant for the highway account of the 
        infrastructure bank.
            ``(3) Transit account.--Notwithstanding any other provision 
        of law, the Secretary may allow, subject to paragraph (g)(1) of 
        this section, a State entering into a cooperative agreement 
        under this section, and any other Federal transit grant 
        recipient, to contribute not to exceed 10 percent of the funds 
        made available to the State or other Federal transit grant 
        recipient for capital projects under sections 5307, 5309, and 
        5311 of title 49, United States Code, into the transit account 
        of the infrastructure bank established by the State. Federal 
        funds contributed to such account under this paragraph shall 
        constitute for purposes of this section a capitalization grant 
        for the transit account of the infrastructure bank.
            ``(4) Special rule for urbanized areas of over 200,000.--
        Funds that are apportioned or allocated to a State under 
        sections 104(b)(3) or 160 of this title and attributed to 
        urbanized areas of a State with an urbanized population of over 
        200,000 under section 133(d)(2) of this title may be used to 
        provide assistance with respect to a project only if the 
        metropolitan planning organization designated for such area 
        concurs, in writing, with the provision of such assistance.
    ``(c) Forms of Assistance From Infrastructure Banks.--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. The amount of any loan or other 
assistance provided for such project may be subordinated to any other 
debt financing for the project. Initial assistance provided with 
respect to a project from Federal funds contributed to an 
infrastructure bank under this section may not be made in the form of a 
grant.
    ``(d) Qualifying Projects.--Federal funds in the highway account of 
an infrastructure bank established under this section may be used only 
to provide assistance with respect to projects eligible for assistance 
under title 23, United States Code. Federal funds in the transit 
account of such bank may be used only to provide assistance with 
respect to capital transit projects.
    ``(e) Infrastructure Bank Requirements.--In order to establish an 
infrastructure bank under this section, each State establishing the 
bank shall--
            ``(1) contribute, at a minimum, in each account of 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; except that if the contribution is 
        into the highway account of the bank and the State has a lower 
        non-Federal share under section 120(b) of this title, such 
        percentage shall be adjusted by the Secretary to correspond 
        with such lower non-Federal share;
            ``(2) ensure that the bank maintains on a continuing basis 
        an investment grade rating on its debt issuances or has a 
        sufficient level of bond or debt financing instrument insurance 
        to maintain the viability of the bank;
            ``(3) ensure that investment income generated by funds 
        contributed to an account of the bank will be--
                    ``(A) credited to the account;
                    ``(B) available for use in providing loans and 
                other assistance to projects eligible for assistance 
                from the account; and
                    ``(C) 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;
            ``(4) 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;
            ``(5) 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 facilities 
        has opened to traffic, whichever is later;
            ``(6) ensure that the term for repaying any loans will not 
        exceed 30 years after the date of the first payment on the loan 
        under paragraph (5); and
            ``(7) require the bank to make an annual report to the 
        Secretary and to make such other reports as the Secretary may 
        require by guidelines.
    ``(f) 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 
towards the non-Federal share of the cost of any project.
    ``(g) 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 requested 
        by the State;
            ``(2) ensure that all requirements of this title or title 
        49, United States Code, and other applicable Federal 
        requirements shall apply to projects receiving assistance from 
        the infrastructure bank, and all such projects shall be deemed 
        to be receiving Federal financial assistance, but the Secretary 
        may waive any requirement of this title or title 49, United 
        States Code, (other than 23 U.S.C. 113 and 114, and 49 U.S.C. 
        5333) that is not consistent with the objectives of this 
        section;
            ``(3) specify procedures and guidelines for establishing, 
        operating, and providing assistance from the bank; and
            ``(4) revise cooperative agreements entered into with the 
        States under section 350 of the National Highway System 
        Designation Act of 1995 (Public Law 104-59) to comply with the 
        requirements of this section.
    ``(h) Applicability of Federal Laws.--The same provisions of 
Federal law shall apply to all projects receiving assistance from the 
bank that would have applied if the project were receiving assistance 
under this title or title 49, United States Code, or that would have 
applied to a similar project eligible for assistance under such titles, 
except for those requirements waived by the Secretary pursuant to 
paragraph (g)(2) of this section.
    ``(i) United States Not Obligated.--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, nor shall any third party have 
any right against the United States for payment solely by virtue of the 
contribution. 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.
    ``(j) Management of Federal Funds.--Sections 3335 and 6503 of title 
31, United States Code, shall not apply to funds contributed under this 
section.
    ``(k) Program Administration.--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.
    ``(l) Definitions.--In this section, the following definitions 
apply:
            ``(1) Capital project.--The term `capital project' has the 
        meaning such term has under section 5302 of title 49, United 
        States Code.
            ``(2) 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 such assistance is being provided.
            ``(3) State.--The term `State' has the meaning such term 
        has under section 401 of this title.''.
    (b) Authorization of Appropriations.--
            (1) State infrastructure banks.--For the purpose of 
        carrying out the provisions of section 162 of title 23, United 
        States Code, the following sums are authorized to be 
        appropriated out of the Highway Trust fund (other than the Mass 
        Transit Account): $150,000,000 for each of fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003, to remain available until 
        expended.
            (2) The Secretary may distribute the funds authorized to be 
        appropriated by this subsection in a manner determined by the 
        Secretary to any State with an approved infrastructure bank 
        established in accordance with section 162 of title 23, United 
        States Code, that requests such funds.
            (3) Any State receiving funds authorized to be appropriated 
        by this subsection may deposit any portion of such funds into 
        either the highway account or the transit account of the 
        State's infrastructure bank.
            (4) These funds shall be available for obligation in the 
        same manner as funds apportioned under section 104 of this 
        title.
    (c) Conforming Amendment.--The analysis for chapter 1 of such title 
is amended by adding at the end the following new item:

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

SEC. 1023. NATIONAL SCENIC BYWAYS PROGRAM.

    (a) In General.--Chapter 1, of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 163. National Scenic Byways Program
    ``(a) Designation of Roads.--The Secretary shall carry out a 
National Scenic Byways Program that recognizes roads having outstanding 
scenic, historic, cultural, natural, recreational, and archeological 
qualities by designating them as National Scenic Byways or All-American 
Roads. The Secretary shall designate roads to be recognized under the 
National Scenic Byways Program in accordance with criteria developed by 
the Secretary. To be considered for such designation, a road must be 
nominated by a State or Federal land management agency and must first 
be designated as a State scenic byway or, for roads on Federal lands, 
as a Federal land management agency byway.
    ``(b) Grants and Technical Assistance.--(1) 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 byways 
        program.
    ``(2) In making grants, the Secretary shall give priority to--
            ``(A) eligible projects that are associated with highways 
        that have been designated as National Scenic Byways or All-
        American Roads;
            ``(B) eligible projects along State-designated scenic 
        byways that are undertaken to make them eligible for 
        designation as National Scenic Byways or All-American Roads; 
        and
            ``(C) eligible projects associated with the development of 
        State scenic byways programs.
    ``(c) Eligible Projects.--The following are projects that are 
eligible for Federal assistance under this section:
            ``(1) activities related to planning, design, or 
        development of State scenic byway programs;
            ``(2) development of corridor management plans;
            ``(3) safety improvements to a State scenic byway, to the 
        extent such improvements are necessary to accommodate increased 
        traffic and changes in the types of vehicles using the highway, 
        due to such designation;
            ``(4) construction along a scenic byway of facilities for 
        pedestrians and bicyclists, rest areas, turnouts, highway 
        shoulder improvements, passing lanes, overlooks, and 
        interpretive facilities;
            ``(5) improvements to a scenic byway that will enhance 
        access to an area for the purpose of recreation, including 
        water-related recreation;
            ``(6) protection of historical, archeological, and cultural 
        resources in areas adjacent to scenic byways;
            ``(7) development and provision of tourist information to 
        the public, including interpretive information about scenic 
        byways; and
            ``(8) development and implementation of scenic byways 
        marketing programs.
    ``(d) Federal Share.--The Federal share payable on account of any 
project carried out under this section shall be determined in 
accordance with section 120(b) of this title, except that, for any 
scenic byways project along a public road that provides access to or 
within Federal or Indian lands, a Federal land management agency may 
use funds authorized for its use as the non-Federal share.
    ``(e) Funding.--There shall be available to the Secretary for 
carrying out this section, out of the Highway Trust Fund (other than 
the Mass Transit Account), $15,000,000 for each of fiscal years 1998, 
1999, 2000, 2001, 2002, and 2003.
    ``(f) Limitation.--The Secretary shall not make a grant under this 
section for any project that would not protect the scenic, historic, 
recreational, cultural, natural, and archeological integrity of a 
highway and adjacent areas.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of such title 
is amended by adding at the end the following new item:

``163. National Scenic Byways Program.''.

SEC. 1024. INFRASTRUCTURE SAFETY PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended--
            (1) by striking sections 130 and 152;
            (2) by adding at the end the following new sections:
``Sec. 164. Infrastructure Safety Program
    ``(a) Railway-Highway Crossings.--
            ``(1) Eligible uses of funds apportioned under section 104 
        of this title.--Except as provided in subsection 120(c) of this 
        title and paragraph (a)(8) of this section and for crossing 
        closure projects, 90 percent of the cost of construction of 
        projects for the elimination of hazards of railway-highway 
        crossings, including the separation or protection of grades at 
        crossings, the reconstruction of existing railroad grade 
        crossing structures, and the relocation of highways to 
        eliminate grade crossings, may be paid from sums apportioned in 
        accordance with section 104 of this title. In any case when the 
        elimination of the hazards of a railway-highway crossing can be 
        effected by the relocation of a portion of a railway at a cost 
        estimated by the Secretary to be less than the cost of such 
        elimination by one of the methods mentioned in the first 
        sentence of this paragraph, then the entire cost of such 
        relocation project, except as provided in subsection 120(c) of 
        this title and paragraph (a)(8) of this section, may be paid 
        from the sums apportioned in accordance with section 104 of 
        this title.
            ``(2) Eligible uses of railway-highway crossings funds.--A 
        State may obligate funds apportioned to it under paragraph 
        (a)(6) of this section only for the following projects:
                    ``(A) The elimination of hazards of railway-highway 
                crossings, including the separation or protection of 
                grades at crossings, the reconstruction of existing 
                railroad grade crossing structures, and the relocation 
                of highways to eliminate grade crossings.
                    ``(B) Trespassing countermeasures.
                    ``(C) Railway-highway crossing education.
                    ``(D) Enforcement of traffic laws relating to 
                railway-highway crossing safety.
                    ``(E) Privately owned railway-highway crossings if 
                the project is publicly sponsored and the Secretary 
                determines that the project would serve a public 
                benefit.
            ``(3) Secretarial classification of projects.--The 
        Secretary may classify various types of projects involved in 
        the elimination of hazards of railway-highway crossings, and 
        may set for each such classification a percentage of the costs 
        of construction which shall be deemed to represent the net 
        benefit to the railroad or railroads for the purpose of 
        determining the railroad's share of the cost of construction. 
        The percentage so determined shall in no case exceed 10 per 
        centum. The Secretary shall determine the appropriate 
        classification of each project.
            ``(4) Railroad liability for project costs.--Any railroad 
        involved in a project for the elimination of hazards of 
        railway-highway crossings paid for in whole or in part from 
        sums made available for expenditure under this title, or prior 
        Acts, shall be liable to the United States for the net benefit 
        to the railroad determined under the classification of such 
        project made pursuant to paragraph (a)(3) of this section. Such 
        liability to the United States may be discharged by direct 
        payment to the State highway department of the State in which 
        the project is located, in which case such payment shall be 
        credited to the cost of the project. Such payment may consist 
        in whole or in part of materials and labor furnished by the 
        railroad in connection with the construction of such project. 
        If any such railroad fails to discharge such liability within a 
        six-month period after completion of the project, it shall be 
        liable to the United States for its share of the cost, and the 
        Secretary shall request the Attorney General to institute 
        proceedings against such railroad for the recovery of the 
        amount for which it is liable under this paragraph. The 
        Attorney General is authorized to bring such proceedings on 
        behalf of the United States, in the appropriate district court 
        of the United States, and the United States shall be entitled 
        in such proceedings to recover such sums as it is considered 
        and adjudged by the court that such railroad is liable for in 
        the premises. Any amounts recovered under this paragraph shall 
        be credited to the Highway Trust Fund, other than the Mass 
        Transit Account.
            ``(5) State survey and schedule of projects.--Each State 
        shall conduct and systematically maintain a survey of all 
        highways to identify those railroad crossings which may require 
        separation, relocation, or protective devices, and establish 
        and implement a schedule of projects for this purpose. At a 
        minimum, such schedule shall provide signs for all railway-
        highway crossings. In a manner established by the Secretary, 
        each State shall report completed railway-highway crossing 
        projects funded under this subsection or section 165 of this 
        title to the Department for inclusion in the Department of 
        Transportation/Association of American Railroads National Grade 
        Crossing Inventory.
            ``(6) Apportionment.--Twenty-five percent of the funds 
        authorized to be appropriated to carry out this section shall 
        be apportioned to the States in the ratio that each State's 
        most recent 3-year total of crashes at public railway-highway 
        grade crossings bears to such 3-year public railway-highway 
        grade crossing crash total in all States, 25 percent of such 
        funds shall be apportioned to the States in the ratio that each 
        State's most recent 3-year total of fatalities involving rail 
        equipment at public railway-highway grade crossings bears to 
        such 3-year public railway-highway grade crossing fatality 
        total in all States, 25 percent of such funds shall be 
        apportioned to the States in the ratio that each State's number 
        of public railway-highway grade crossings bears to the number 
        of public railway-highway grade crossings in all States, and 25 
percent of such funds shall be apportioned to the States in the ratio 
that each State's number of public railway-highway grade crossings with 
passive warning devices bears to the number of public railway-highway 
grade crossings with passive warning devices in all States.
            ``(7) Funds for protective devices.--At least one-half of 
        the funds authorized for and expended under this subsection 
        shall be available for the installation, public education, and 
        enforcement of protective devices at railway-highway crossings.
            ``(8) Treatment of railway-highway crossing funds.--
                    ``(A) Federal share.--The Federal share payable on 
                account of any project financed with funds authorized 
                to be appropriated to carry out this subsection shall 
                be 90 percent of the cost thereof, except as provided 
                in subsection 120(c) of this title and for crossing 
                closure projects, which may be funded at 100 percent.
                    ``(B) Non-federal match.--Funds authorized to be 
                appropriated to carry out this section may be used to 
                provide a local government with funds to be used on a 
                matching basis when State funds are available that may 
                only be spent when the local government produces 
                matching funds for the improvement of railway-highway 
                crossings.
            ``(9) Transfer to hazard elimination apportionment.--A 
        State may transfer from its apportionment under this subsection 
        to its apportionment under subsection (b) of this section an 
        amount equal to the percentage by which the number of crashes 
        in the State has been reduced in the most recent calendar year 
        below the average annual number of crashes in such State in 
        calendar years 1994, 1995, and 1996.
            ``(10) Incentive payments for at-grade crossing closures.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection and subject to 
                subparagraphs (B) and (C) of this paragraph, a State 
                may, from sums made available to the State under this 
                subsection, make incentive payments to local 
                governments in the State upon the permanent closure by 
                such governments of public at-grade railway-highway 
                crossings under the jurisdiction of such governments.
                    ``(B) Incentive payments by railroads.--A State may 
                not make an incentive payment under subparagraph (A) of 
                this paragraph to a local government with respect to 
                the closure of a crossing unless the railroad owning 
                the tracks on which the crossing is located makes an 
                incentive payment to the government with respect to the 
                closure.
                    ``(C) Amount of state payment.--The amount of the 
                incentive payment payable to a local government by a 
                State under subparagraph (A) of this paragraph with 
                respect to a crossing may not exceed the lesser of--
                            ``(i) the amount of the incentive payment 
                        paid to the government with respect to the 
                        crossing by the railroad concerned under 
                        subparagraph (B) of this paragraph; or
                            ``(ii) $7,500.
                    ``(D) Use of state payments.--A local government 
                receiving an incentive payment from a State under 
                subparagraph (A) of this paragraph shall use the amount 
                of the incentive payment for transportation safety 
                improvements.
    ``(b) Hazard Elimination.--
            ``(1) Eligible uses of hazard elimination funds.--The 
        Secretary may approve as a project under this subsection any 
        highway safety improvement project.
            ``(2) State survey and schedule of projects.--Each State 
        shall conduct and systematically maintain an engineering survey 
        of all public roads to identify hazardous locations, sections, 
        and elements, including roadside obstacles and unmarked or 
        poorly marked roads, which may constitute a danger to motorists 
        and pedestrians; assign priorities for the correction of such 
        locations, sections, and elements; and establish and implement 
        a schedule of projects for their improvement.
            ``(3) State evaluation process.--Each State shall establish 
        an evaluation process, which shall be approved by the 
        Secretary, to analyze and assess results achieved by highway 
        safety improvement projects carried out in accordance with the 
        procedures and criteria established by this subsection. Such 
        evaluation process shall develop cost- benefit data for various 
        types of corrections and treatments which shall be used in 
        setting priorities for highway safety improvement projects.
            ``(4) Apportionment.--Funds authorized to be appropriated 
        to carry out this subsection shall be apportioned to the States 
        in the following manner: 75 percent in the ratio which the 
        population of each State bears to the total population of all 
        States, as shown by the latest available Federal census, and 25 
        percent in the ratio which public road mileage in each State 
        bears to the total public road mileage in all States. For the 
        purposes of this paragraph, a `public road' means any road 
        under the jurisdiction of and maintained by a public authority 
        and open to public travel. Public road mileage as used in the 
        paragraph shall be determined as of the end of the calendar 
        year preceding the year in which the funds are apportioned and 
        shall be certified to by the Governor of the State and subject 
        to approval by the Secretary. The annual apportionment to each 
        State shall not be less than one-half of one percent of the 
        total apportionment.
            ``(5) Treatment of hazard elimination funds.--
                    ``(A) Federal share.--The Federal share payable on 
                account of any project funded under this subsection 
                shall be 90 percent of the cost thereof.
                    ``(B) Use on non-interstate public roads.--The 
                funds authorized to carry out this subsection shall be 
                available for expenditure on any public road other than 
                a highway on the Interstate System.
            ``(6) Transfer to non-infrastructure uses.--A State may 
        transfer not to exceed 100 percent of the State's apportionment 
        under this subsection to the apportionment of the State under 
        section 402 of this title or the allocation of the State under 
        49 U.S.C. 31104 if the Secretary determines that the State 
        meets the eligibility criteria for receiving an integrated 
        safety fund grant under section 165 of this title.
            ``(7) State defined.--For purposes of this subsection, the 
        term `State' shall have the meaning given it in section 401 of 
        this title.
``Sec. 165. Integrated Safety Fund
    ``(a) Grant Authority.--Subject to the provisions of this section, 
the Secretary may make a grant to any State that the Secretary 
determines has an integrated State highway safety planning process and 
has established integrated goals and benchmarks for safety 
improvements, except that no State may receive a grant under this 
subsection in more than 3 fiscal years.
    ``(b) Eligible Uses of Grant.--Any such grant may be used by the 
recipient State to implement any highway or motor carrier safety 
program or project eligible for funding under sections 164 or 402 of 
this title, or chapter 311 of title 49. Each State receiving a grant 
allocation under this section shall transfer such allocation to any 
apportionment or allocation of such State under sections 164 or 402 of 
this title or 49 U.S.C. 31104.
    ``(c) Amount of Grant.--The amount of a grant made under this 
section for any fiscal year to any State that is eligible for such a 
grant shall be an amount equal to the percentage that each eligible 
State's apportionment under section 402 of this title for such fiscal 
year bears to the total apportionment under section 402 to all States 
for such fiscal year, but in no case shall the amount of a grant made 
under this section exceed 50 percent of the amount apportioned to such 
State for fiscal year 1997 under section 402 of this title.
    ``(d) Maintenance of Effort.--No grant may be made to a State under 
this section in any fiscal year unless such State enters into such 
agreements with the Secretary as the Secretary may require to ensure 
that such State will maintain its aggregate expenditures from all other 
sources for highway safety programs under sections 164 and 402 of this 
title, and chapter 311 of title 49, at or above the average level of 
such expenditures in such State's 2 fiscal years preceding the date of 
the enactment of this section.''; and
            (3) in subsection 104(g) by striking the first two 
        sentences.
    (b) Conforming Amendments.--The analysis for chapter 1 of such 
title is amended--
            (1) by striking the items relating to sections 130 and 152; 
        and
            (2) by adding at the end the following new items:

``164. Infrastructure Safety Program.
``165. Integrated Safety Fund.''.

SEC. 1025. FISCAL AND ADMINISTRATIVE AMENDMENTS.

    (a) Advanced Construction.--Section 115 of title 23, United States 
Code, is amended--
            (1) in subsection (b) by striking the subsection heading;
            (2) in paragraph (b)(1) by striking the paragraph 
        designation ``(1)'';
            (3) by striking paragraphs (b) (2) and (3) and subsection 
        (c); and
            (4) by redesignating subsection (d) as subsection (c).
    (b) Availability of Funds.--Section 118 of such title is amended by 
revising subsection (e) to read as follows:
    ``(e) Effect of Release of Funds.--Any Federal-aid highway funds 
released by the final payment on a project, or by the modification of 
the project agreement, shall be credited to the same program funding 
category previously apportioned to the State and shall be immediately 
available for expenditure.''.
    (c) Federal Share Payable.--Section 120 of such title is amended--
            (1) in subsection (a) by striking ``shall be'' and 
        inserting ``shall not exceed'';
            (2) in subsection (b) by striking ``shall be'' and 
        inserting ``shall not exceed''; and
            (3) by adding at the end the following new subsection:
    ``(j) Credit for Non-Federal Share.--
            ``(1) Eligibility.--A State may use as a credit toward the 
        non-Federal matching share requirement for any program under 
        this title, other than the emergency relief program authorized 
        in section 125, toll revenues that are generated and used by 
        public, quasi-public and private agencies to build, improve, or 
        maintain highways, bridges, or tunnels that serve the public 
        purpose of interstate commerce. Such public, quasi-public or 
        private agencies shall have built, improved, or maintained such 
        facilities without Federal funds.
            ``(2) Maintenance of effort.--The credit for any non-
        Federal share shall not reduce nor replace State monies 
        required to match Federal funds for any program pursuant to 
        this title. In receiving a credit for non-Federal capital 
        expenditures under this section, a State shall enter into such 
        agreements as the Secretary may require to ensure that such 
        State will maintain its non-Federal transportation capital 
        expenditures at or above the level of such expenditures for the 
        preceding three fiscal years.
            ``(3) Treatment.--Use of such credit for a non-Federal 
        share shall not expose such agencies from which the credit is 
        received to additional liability, additional regulation or 
        additional administrative oversight. When credit is applied 
        from chartered multi-State agencies, such credit shall be 
        applied equally to all charter States. The public, quasi-
        public, and private agencies from which the credit for which 
        the non-Federal share is calculated shall not be subject to any 
        additional Federal design standards, laws or regulations as a 
        result of providing non-Federal match other than those to which 
        such agency is already subject.''.
    (d) Payments to States for Construction.--Section 121 of such title 
is amended--
            (1) in subsection (a)--
                    (A) by striking the second sentence; and
                    (B) by revising the last sentence to read as 
                follows: ``Such payments may also be made for the value 
                of the materials (1) which have been stockpiled in the 
                vicinity of such construction in conformity to plans 
                and specifications for the projects, and (2) which are 
                not in the vicinity of such construction if the 
                Secretary determines that because of required 
                fabrication at an off-site location the material cannot 
                be stockpiled in such vicinity.'';
            (2) by revising subsection (b) to read as follows:
    ``(b) No payment shall be made under this chapter except for a 
project covered by a project agreement. After completion of the project 
in accordance with the project agreement, a State shall be entitled to 
payment out of the appropriate sums apportioned or allocated to it of 
the unpaid balance of the Federal share payable on account of such 
project.''; and
            (3) by striking subsections (c) and (d) and redesignating 
        subsection (e) as subsection (c).
    (e) Advances to States.--Section 124 of such title is amended--
            (1) by striking subsection designation ``(a)'' but 
        retaining the text of the subsection in its entirety; and
            (2) by striking subsection (b).
    (f) Diversion.--Section 126 of such title is repealed.
    (g) State Highway Department.--Section 302 of such title is 
amended--
            (1) in subsection (a) by adding at the end the following: 
        ``Compliance with this provision shall have no effect on the 
        eligibility of costs.'';
            (2) by striking subsection designation ``(a)'' but 
        retaining the text of the subsection in its entirety; and
            (3) by striking subsection (b).
    (h) Bridge Commissions.--Public Law 87-441, relating to bridge 
commissions created by Congress and Federal approval of membership of 
such commissions, is repealed.

SEC. 1026. FEDERAL LANDS HIGHWAYS PROGRAM.

    (a) Definitions.--Section 101(a) of title 23, United States Code, 
is amended--
            (1) by striking the two undesignated paragraphs relating to 
        public lands highways and public lands highway; and
            (2) by inserting at the end thereof the following new 
        undesignated paragraph: ``The term `public lands highways' 
        means any highway through unappropriated or unreserved public 
        lands, nontaxable Indian lands, or other Federal reservations 
        under the jurisdiction of and maintained by a public authority 
        and open to public travel.''.
    (b) Federal Share Payable.--Section 120 of such title is amended by 
adding at the end the following new subsections:
    ``(k) Notwithstanding any other provision of law, the funds 
appropriated to any Federal land managing agency may be used as the 
non-Federal share payable on account of any Federal-aid highway project 
the Federal share of which is funded under sections 104 or 144 of this 
title, or under the Federal scenic byways program.
    ``(l) Notwithstanding any other provision of law, the funds 
appropriated for carrying out the Federal Lands Highways Program under 
section 204 of this title may be used as the non-Federal share payable 
on account of any project funded under section 104 or 144 of this title 
or under the Federal scenic byways program, that provides access to or 
within Federal or Indian lands.''.
    (c) Allocations.--Section 202 of such title is amended--
            (1) by revising subsection (b) to read as follows:
    ``(b) On October 1 of each fiscal year, the Secretary shall 
allocate of the sums authorized to be appropriated for such fiscal year 
for public lands highways, after making the transfer provided for in 
subsection 204(i) of this title, for transportation projects in those 
States having unappropriated or unreserved public lands, nontaxable 
Indian lands, or other Federal reservations, on the basis of need in 
such States, respectively, as determined by the Secretary upon 
application of a Federal land managing agency, Indian tribal 
government, or State. The Secretary shall give preference to those 
projects which are significantly impacted by Federal land, recreation, 
and resource management activities which are proposed in a State that 
contains at least 3 percent of the total public lands in the Nation.'';
            (2) by adding at the end the following new subsection:
    ``(e) On October 1 of each fiscal year, the Secretary shall 
allocate the sums authorized to be appropriated for such fiscal year 
for forest highways, after making the transfer provided for in 
subsection 204(g) of this title, according to the relative needs of the 
various elements of the national forest system, as jointly identified 
by the Secretary, and the Secretary of Agriculture based on the need 
for access as determined through renewable resource and land use 
planning and the impact of such planning on existing transportation 
facilities.''.
    (d) Availability of Funds.--Section 203 of such title is amended--
            (1) in the first sentence by inserting ``forest highways,'' 
        after ``parkways,'';
            (2) in the fourth sentence by inserting ``forest 
        highways,'' after ``parkways,''; and
            (3) by adding at the end of the section the following: 
        ``Notwithstanding any other provision of law, the Secretary's 
        authorization of engineering and related work for a Federal 
        Lands Highways Program project or the Secretary's approval of 
        plans, specifications, and estimates for construction of a 
        Federal Lands Highways Program project shall be deemed to 
        constitute a contractual obligation of the Federal Government 
        for the payment of its contribution to such project.''.
    (e) Planning and Agency Coordination.--Section 204 is amended--
            (1) by revising subsection (a) to read as follows:
    ``(a) Recognizing the need for all Federal roads that are public 
roads to be treated under uniform policies similar to those that apply 
to Federal-aid highways, there is established a coordinated Federal 
Lands Highways Program which shall consist of forest highways, public 
lands highways, park roads and parkways, and Indian reservation roads 
and bridges as defined in section 101 of this title. The Secretary, in 
cooperation with the Secretary of the appropriate Federal land managing 
agency, shall develop transportation planning procedures which are 
consistent with the metropolitan and Statewide planning processes 
called for in sections 134 and 135 of this title. The transportation 
improvement program developed as a part of the transportation planning 
process under this section shall be approved by the Secretary. All 
regionally significant Federal Lands Highway Program projects shall be 
developed in cooperation with States and metropolitan planning 
organizations and be included in appropriate Federal Lands Highways 
Program, State, and metropolitan plans and transportation improvement 
programs. The approved Federal Lands Highways Program transportation 
improvement program shall be included in appropriate State and 
metropolitan planning organization plans and programs without further 
action thereon. The Secretary and the Secretary of the appropriate 
Federal land managing agency shall also develop appropriate safety, 
bridge, and pavement management systems for roads funded under the 
Federal Lands Highways Program.'';
            (2) by striking the first three sentences of subsection (b) 
        and inserting the following: ``Funds available for forest 
        highways, public lands highways, park roads and parkways, and 
        Indian reservation roads shall be used by the Secretary and the 
        Secretary of the appropriate Federal land managing agency to 
        pay for the cost of transportation planning, research, 
        engineering, and construction thereof. In connection therewith, 
        the Secretary and the Secretary of the appropriate Federal land 
        managing agency, as appropriate, may enter into construction 
        contracts and such other contracts with a State or civil 
        subdivision thereof or Indian tribe as deemed advisable.'';
            (3) by striking ``Secretary of the Interior'' in the first 
        sentence of subsection (e) and inserting ``Secretary of the 
        appropriate Federal land managing agency'';
            (4) by revising subsection (i) to read as follows:
    ``(i) Transfers to Secretaries of Federal Land Managing Agencies.--
The Secretary shall transfer to the appropriate Federal land managing 
agency from the appropriation for public lands highways amounts as may 
be needed to cover necessary administrative costs of such agency in 
connection with public lands highways. The Secretary shall transfer to 
the appropriate Federal land managing agency from the appropriation for 
public lands highways such amounts as may be needed to cover the cost 
of such agency to conduct necessary transportation planning serving 
Federal lands, where funding for such planning is otherwise not 
provided in this section.'';
            (5) by revising the second sentence of subsection (j) to 
        read as follows: ``The Indian Tribal Government, in cooperation 
        with the Secretary of the Interior, and as may be appropriate, 
        with a State, local government, or metropolitan planning 
        organization, shall carry out a transportation planning process 
        in accordance with subsection 204(a) of title 23, United States 
        Code.''; and
            (6) by adding at the end the following new subsection:
    ``(k) Indian Reservation Road Bridges.--
            ``(1) Of the amounts authorized for Indian Reservation 
        Roads each fiscal year, the Secretary, in cooperation with the 
        Secretary of the Interior, shall reserve a minimum of 
        $5,000,000 for projects to replace, rehabilitate, seismic 
        retrofit, paint, apply calcium magnesium acetate, or install 
        scour countermeasures for deficient Indian reservation road 
        bridges. To be eligible to receive funding under this 
        subsection, a bridge or multiple-pipe culvert must--
                    ``(A) have an opening of 6.1 meters (20 feet) or 
                more;
                    ``(B) be on an Indian reservation road;
                    ``(C) be unsafe because of structural deficiencies, 
                physical deterioration, or functional obsolescence; and
                    ``(D) be recorded in the national bridge inventory 
                administered by the Secretary.
            ``(2) The Secretary shall approve a nationwide priority 
        program for improving deficient Indian reservation road 
        bridges. Funds for Indian reservation road bridge projects 
        shall only be made available upon approval of plans, 
        specifications, and estimates by the Secretary.''.

SEC. 1027. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by adding ``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 revising subsection (g) to read as follows:
    ``(g) Planning and Design.--Bicyclists and pedestrians shall be 
given due consideration in the comprehensive transportation plans 
developed by each metropolitan planning organization and State in 
accordance with sections 134 and 135 of this title, respectively. 
Bicycle transportation facilities and pedestrian walkways shall be 
considered, where appropriate, in conjunction with all new construction 
and reconstruction of transportation facilities, except where bicycle 
and pedestrian use are not permitted. Transportation plans and projects 
shall provide due consideration for safety and contiguous routes.'';
            (4) in subsection (h), by striking ``No motorized vehicles 
        shall'' and inserting ``Motorized vehicles may not''; and
            (5) in paragraph (h)(3)--
                    (A) by striking ``when State and local regulations 
                permit,''; and
                    (B) by inserting after ``wheelchairs'' the 
                following: ``, as defined in paragraph (i)(3)'';
            (6) by striking subsection (i) and redesignating subsection 
        (j) as subsection (i); and
            (7) by revising subsection (i), as so redesignated, to read 
        as follows:
    ``(i) Definitions.--
            ``(1) Bicycle transportation facility.--As used in this 
        section, the term `bicycle transportation facility' means new 
        or improved lanes, paths, or shoulders for use by bicyclists, 
        traffic control devices, shelters, and parking facilities for 
        bicycles.
            ``(2) Pedestrian.--As used in this section, the term 
        `pedestrian' means any person traveling by foot and any 
        mobility impaired person using a wheelchair.
            ``(3) Wheelchair.--As used in this section, 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. 1028. RECREATIONAL TRAILS PROGRAM.

    (a) Recreational Trails Program.--Chapter 2 of title 23, United 
States Code, is amended by inserting the following new section after 
section 205:
``Sec. 206. Recreational trails program
    ``(a) In General.--The Secretary, in consultation with the 
Secretary of the Interior and the Secretary of Agriculture, shall 
administer a program for the purposes of providing and maintaining 
recreational trails in accordance with this section.
    ``(b) State Responsibilities.--
            ``(1) The Governor of the State shall designate the State 
        agency or agencies which will be responsible for administering 
        apportionments received under this section; and
            ``(2) The State shall establish within the State a State 
        trail advisory committee that equitably represents both 
        motorized and nonmotorized trail users.
    ``(c) Use of Apportioned Funds.--(1) Funds made available under 
this section are to be obligated for trails and trail-related projects 
which have been planned and developed under the existing laws, 
policies, and administrative procedures of each State, and which are 
identified in, or which further a specific goal of, a trail plan or 
trail plan element included or referenced in a metropolitan 
transportation plan required under 23 U.S.C. 134, and/or a statewide 
transportation plan required under 23 U.S.C. 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-4-460l-11). 
Permissible uses of these funds include--
            ``(A) construction of new trails;
            ``(B) maintenance and restoration of existing trails;
            ``(C) development and rehabilitation of trailside and 
        trailhead facilities and trail linkages;
            ``(D) purchase and lease of trail construction and 
        maintenance equipment;
            ``(E) acquisition of easements and fee simple title to 
        property for trails or trail corridors;
            ``(F) costs to the State incurred in administering this 
        program, but in an amount not exceeding 7 percent of the 
        apportionment received by the State; and
            ``(G) operation of educational programs to promote safety 
        and environmental protection as these objectives relate to the 
use of trails.
    ``(2) Diversified Trail Use.--Not less than 50 percent of the 
apportionments received annually by a State shall be used to facilitate 
use of trails for diverse recreational purposes, including by 
renovating recreational trail corridors, trailsides, or trailhead 
facilities to allow for both motorized and nonmotorized recreational 
trail use.
    ``(d) Environmental Benefit or Mitigation.--To the extent 
practicable and consistent with other requirements of this section, a 
State shall give priority to project proposals that provide for the 
redesign, reconstruction, nonroutine maintenance, or relocation of 
existing trails in order to benefit the natural environment or in order 
to mitigate and minimize the impact to the natural environment.
    ``(e) Federal Share Payable.--Except as provided in paragraphs (1), 
(2), (3), and (4) of this subsection, the Federal share payable on 
account of a project under this section shall not exceed 50 percent.
            ``(1) Federal agency project sponsor.--Notwithstanding any 
        other provision of law, a Federal agency sponsoring a project 
        under this section may contribute additional Federal funds 
        toward a project's cost, provided that the share attributable 
        to the Secretary of Transportation does not exceed 50 percent 
        and the share attributable to the Secretary and the Federal 
        agency jointly does not exceed 80 percent.
            ``(2) Allowable match from federal grant programs.--The 
        following Federal grant programs may be used to contribute 
        additional Federal funds toward a project's cost and may be 
        accounted for as contributing to the non-Federal share:
                    ``(A) State and Local Fiscal Assistance Act of 1972 
                (Public Law 92-512);
                    ``(B) HUD Community Development Block Grants 
                (Public Law 93-383);
                    ``(C) Public Works Employment Act of 1976 (Public 
                Law 94-369);
                    ``(D) Delaware and Lehigh Navigation Canal National 
                Heritage Corridor Act of 1988 (Public Law 100-692);
                    ``(E) Job Training Partnership Act of 1982 (Public 
                Law 97-300);
                    ``(F) National and Community Service Trust Act of 
                1993 (Public Law 103-82); and
                    ``(G) Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (Public Law 104-93).
            ``(3) Programmatic non-federal share.--A State may allow 
        adjustments of the non-Federal share of individual projects 
        provided that the total Federal share payable for all projects 
        within the State under this program for a Federal fiscal year's 
        apportionment does not exceed 50 percent. A project funded 
        under paragraphs (1) or (2) of this subsection may not be 
        included in the calculation of the programmatic non-Federal 
        share.
            ``(4) State administrative costs.--The Federal share 
        payable on account of the administrative costs of a State under 
        subparagraph (e)(1)(A) shall be determined in accordance with 
        subsection 120(b) of this title.
    ``(f) 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 lands for motorized uses unless such lands--
                     ``(A) have been apportioned for uses other than 
                wilderness by an approved Forest land and resource 
                management plan or have been released to uses other 
                than wilderness by an Act of Congress; and
                     ``(B) such construction is otherwise consistent 
                with the management direction in such approved land and 
                resource management plan; or
            ``(3) construction of any recreational trail on Bureau of 
        Land Management lands for motorized uses unless such lands--
                    ``(A) have been apportioned for uses other than 
                wilderness by an approved Bureau of Land Management 
                resource management plan or have been released to other 
                uses by an Act of Congress; and
                    ``(B) such construction is otherwise consistent 
                with the management direction in such approved 
                management plans;
            ``(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 either prohibited or has not occurred; or
            ``(5) developing or otherwise encouraging recreational 
        opportunity on a railroad right-of-way for the purpose of 
        traversing on or between railroad tracks, except for providing 
        a railroad crossing in coordination with the railroad owner, 
        operator, and State agency with jurisdiction over railroad 
        crossings.
    ``(g) Project Administration.--
            ``(1) Credit for donations of funds, materials, services, 
        or new right-of-way.--Nothing in this title or any other law 
        shall prevent a project sponsor from offering to donate funds, 
        materials, services, or new right-of-way for the purposes of a 
        project eligible for assistance 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 
        (d) of this section. Any funds or the fair market value of any 
        materials or services may be provided by a Federal project 
        sponsor and shall be credited as part of that Federal agency's 
        share in accordance with paragraph (d)(1).
            ``(2) Recreational purpose.--A project funded under this 
        section is intended to enhance recreational opportunity and is 
        not subject to the provisions of 49 U.S.C. 303 or 23 U.S.C. 
        138.
            ``(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.
            ``(4) Cooperation by private persons.--
                    ``(A) Written assurances.--As a condition to 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 
                property will cooperate with the State and participate 
                as necessary in the activities to be conducted.
                    ``(B) Public access.--Any use of a State's 
                allocations on private lands must be accompanied by an 
easement or other legally binding agreement that ensures public access 
to the recreational trail improvements funded by those apportionments.
    ``(h) Definitions.--(1) For the purposes of this section--
            ``(A) Recreational trail.--The term `recreational trail' 
        means a thoroughfare or track across land or snow, used for 
        recreational purposes such as: pedestrian activities, including 
        wheelchair use; skating or skateboarding; equestrian 
        activities, including carriage driving; nonmotorized snow trail 
        activities, including skiing; bicycling or use of other human-
        powered vehicles; aquatic or water activity; and motorized 
        vehicular activities, including all-terrain vehicle riding, 
        motorcycling, use of off-road light trucks, or use of other 
        off-road motorized vehicles; and
            ``(B) Motorized recreation.--The term `motorized 
        recreation' means off-road recreation using any motor-powered 
        vehicle, except for motorized wheelchairs.
    ``(2) For purposes of subsection 104(h) of title 23, United States 
Code, the term `eligible State' means a State, as defined in section 
101 of such title, that meets the requirements stated in subsection (b) 
of this section.''.
    (b) Conforming Amendments.--
            (1) The Intermodal Surface Transportation Efficiency Act of 
        1991 is amended by striking part B of title I.
            (2) The analysis for chapter 2 of title 23, United States 
        Code, is amended by revising item 206 to read as follows:

``206. Recreational Trails Program.''.

SEC. 1029. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.

    (a) Activities.--Section 325(a) of title 23, United States Code, is 
amended--
            (1) by inserting after ``expertise'' the following: ``, 
        goods, and services'';
            (2) by adding at the end the following new paragraph:
            ``(6) gathering and disseminating information on foreign 
        transportation markets and industries.'';
            (3) by striking ``and'' at the end of paragraph (4); and
            (4) by striking the period at the end of paragraph (5) and 
        inserting ``; and''.
    (b) Funds.--Section 325(c) of such title is revised to read as 
follows:
    ``(c) Funds available to carry out the provisions of this section 
shall include funds deposited by any cooperating organization or person 
in a special account for this program with the Secretary of the 
Treasury. The funds deposited in the special account and other funds 
available to carry out this section shall be available to cover the 
cost of any activity eligible under this section, including the cost of 
promotional materials, travel, reception and representation expenses, 
and salaries and benefits. Reimbursements for salaries and benefits of 
Federal Highway Administration employees providing services under this 
section shall be credited to the special account.''.
    (c) Eligibility.--Section 325 of such title is amended by adding at 
the end the following new subsection:
    ``(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 329 of this title for any activity authorized 
under subsection (a) of this section.''.

SEC. 1030. TRADE CORRIDOR AND BORDER CROSSING PLANNING; BORDER GATEWAY 
              PILOT PROGRAM.

    (a) Border Crossing Planning Incentive Grants.--
            (1) Grants.--In order to encourage joint transportation 
        planning activities, the Secretary shall make incentive grants 
        to States that share a common border with Canada or Mexico and 
        metropolitan planning organizations either adjacent or 
        proximate to borders with Canada or Mexico. Such grants shall 
        be used to enhance consideration of people and vehicle movement 
        into and through international gateways as a supplement to 
        statewide and metropolitan transportation planning funding made 
        available through other provisions of this Act.
            (2) Condition of grants.--As a condition of receiving a 
        grant under paragraph (1) of this subsection, the State or 
        metropolitan planning organization shall assure the Secretary 
        that it commits to be engaged in joint planning with its 
        counterpart agency in Canada or Mexico.
    (b) Trade Corridor Planning Incentive Grants.--
            (1) Grants.--In order to encourage cooperative multistate 
        corridor planning and analysis, the Secretary shall make grants 
        to States for the purpose of performing, within the framework 
        of their statewide transportation planning process, planning 
        for the safe and efficient movement of goods along and within 
        international or interstate trade corridors of national 
        importance. Such corridors shall be cooperatively identified by 
        the States along the corridor. Priority should be given to 
        corridors of which the private sector is particularly 
        supportive.
            (2) Corridor plans.--As a condition of receiving a grant 
        under paragraph (3) of this subsection, the State shall assure 
        the Secretary that, in cooperation with the other States along 
        the corridor, a plan for corridor improvements will be 
        submitted to the Secretary not later than 24 months after 
        receipt of such grant. Corridor planning performed under 
        subsection (c) of this section shall be coordinated with 
        transportation planning being done by the States and 
        metropolitan planning organizations along the corridor and, 
        where appropriate, with transportation planning being done in 
        Mexico and Canada.
            (3) Multistate agreements for trade corridor planning.--The 
        consent of Congress is hereby given to any two or more States 
        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 to establish such agencies, joint or otherwise, 
        as such States may deem desirable for making such agreements 
        effective.
    (c) Border Gateway Pilot Program.--
            (1) Coordinated and comprehensive border program.--Subject 
        to the conditions of this subsection, the Secretary may make 
        grants to any State or other implementing agency bordering 
        Canada or Mexico to improve the safe movement of people and 
        goods at or across such border. Such grants shall be used to 
        develop project plans, and implement coordinated and 
        comprehensive programs of projects, to improve border 
        efficiency and safety. Such plans and programs may include 
        improvements to existing transport and supporting 
infrastructure; selective new infrastructure construction; improvements 
in operational strategies, including, but not limited to, electronic 
data interchange and use of telecommunications to expedite vehicle and 
cargo movement; modifications to regulatory procedures to expedite 
vehicle and cargo flow; and other institutional improvements, such as 
coordination of binational planning, programming, and border operation, 
with special emphasis on coordination with other Federal agencies 
responsible for inspection of vehicles, cargo, and persons crossing 
international borders, and their counterpart agencies in Canada and 
Mexico. Grants shall apply only to groupings of border crossings 
defined by proximity and similarity of trade, referred to as gateways 
in this section.
            (2) Number and amount of grants.--The Secretary may make up 
        to eight grants to States and other implementing agencies under 
        this section, including a minimum of two grants for projects on 
        the United States/Mexico border and two grants on the United 
        States/Canada border. No single grant authorized under this 
        section shall exceed $40,000,000.
            (3) Grant eligibility.--Each State or other implementing 
        agency seeking a grant under this subsection shall submit a 
        proposal that includes strategies to involve both the public 
        and private sectors in the proposed project. Grants shall be 
        made on the basis of--
                    (A) expected reduction in commercial and other 
                travel time through a major international gateway as a 
                result of the project;
                    (B) leveraging of Federal funds provided under this 
                section, including use of innovative financing, 
                combination with funding provided under other sections 
                of this Act, and/or combination with other sources of 
                Federal, State/local, or private funding;
                    (C) improvements in vehicle and highway safety and 
                cargo security in and through the gateway;
                    (D) degree of binational involvement in the 
                project, and demonstrated coordination with other 
                Federal agencies responsible for inspection of 
                vehicles, cargo, and persons crossing international 
                borders, and their counterpart agencies in Canada and 
                Mexico;
                    (E) the extent to which the innovative and problem 
                solving techniques of the proposed project would be 
                applicable to other international border crossings;
                    (F) demonstrated local commitment to implement and 
                sustain continuing comprehensive border planning 
                processes and improvement programs;
                    (G) improved use of existing, underutilized border 
                crossing facilities and approaches; and
                    (H) other factors as determined by the Secretary to 
                promote border transport efficiency and safety.
    (d) Funding.--There are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account) $45,000,000 
for each of fiscal years 1998 through 2003 to carry out this section. 
Such sums shall remain available until expended. Of such sums--
            (1) $1,400,000 shall be made available for each of fiscal 
        years 1998 through 2003 under subsection (a) for border 
        crossing planning incentive grants, but no State or 
        metropolitan planning organization shall receive more than 
        $100,000 in any fiscal year; and
            (2) $3,000,000 to be made available in each of fiscal years 
        1998, 1999, 2000, 2001, 2002, and 2003 under subsection (b) for 
        trade corridor planning incentive grants.
    (e) Federal Share.--
            (1) Border gateway pilot program.--The funds authorized 
        under subsection (d) of this section for any border gateway 
        pilot program project may be used to match other Federal-aid 
        highway funds otherwise eligible for such project, but the 
        funds authorized under subsection (d) for any project shall not 
        exceed 50 percent of the cost of such project.
            (2) Border crossing and trade corridor planning incentive 
        grants.--The Federal share payable on account of any border 
        crossing planning or trade corridor planning incentive project 
        under this section shall be determined in accordance with 
        section 120 of title 23, United States Code.

SEC. 1031. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    (a) Availability, Release, and Reallocation of Funds.--Section 
201(a) of title 40, U.S.C. App., is amended in the second sentence by 
inserting after ``and roads'' the following: ``, provided that 
allocations to a State shall remain available for expenditure in such 
State for the fiscal year in which they are allocated and for 3 
succeeding fiscal years. Funds not expended by a State during these 4 
fiscal years shall be released to the Appalachian Regional Commission 
for reallocation.''.
    (b) Authorization of Appropriations.--Section 201 of such title is 
further amended--
            (1) by redesignating subsection (g) as paragraph (g)(1); 
        and
            (2) by inserting at the end of paragraph (g)(1), as so 
        redesignated, the following new paragraphs:
            ``(2) Appalachian development highway system.--For the 
        continued construction of the Appalachian development highway 
        system approved as of September 30, 1996, in accordance with 
        this section, there are authorized to be appropriated out of 
        the Highway Trust Fund (other than the Mass Transit Account) 
        $200,000,000 for fiscal year 1998, $290,000,000 for fiscal year 
        1999, $350,000,000 for fiscal year 2000, $400,000,000 for 
        fiscal year 2001, $450,000,000 for fiscal year 2002, and 
        $500,000,000 for fiscal year 2003, and the Secretary shall 
        provide equivalent amounts of obligation authority for such 
        funds.
            ``(3) Contract authority.--Funds authorized by this section 
        shall be available for obligation in the same manner as if such 
        funds were apportioned under chapter 1 of title 23, United 
        States Code, except that the Federal share shall be determined 
        in accordance with this section and such funds shall remain 
        available until expended.''.
    (c) Federal Share for Pre-Financed Projects.--Section 201(h)(1) of 
such title is amended by striking ``70'' and inserting ``80''.
    (d) Deduction for Administrative Expenses.--Section 201 of such 
title is amended by adding at the end the following new subsection:
    ``(i) Deduction for Administrative Expenses.--On October 1 of each 
fiscal year, or as soon as is practicable thereafter, there shall be 
deducted, for the expenses of the Appalachian Regional Commission in 
administering the funds authorized under this section for such year, 
not to exceed 3.75 percent of the funds made available for such year 
under subsection (g) of this section.''.

SEC. 1032. VALUE PRICING PILOT PROGRAM.

    (a) Value Pricing Pilot Program.--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 such Act 
is amended by striking ``5'' and inserting ``15''.
    (c) Increased Federal Share.--Section 1012(b)(2) of such Act is 
amended by striking ``be 80'' and inserting ``not exceed 100''.
    (d) Eligibility of Pre-implementation Costs.--Section 1012(b)(2) of 
such Act is further amended--
            (1) by adding after ``Secretary shall fund'' the following: 
        ``all pre-implementation costs, including public education and 
        project design, and''; and
            (2) by adding after ``Secretary may not fund'' the 
        following: ``the implementation costs of''.
    (e) Conforming Amendments.--Section 1012(b) of such Act is further 
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''.
    (f) Eligible Uses of Toll Revenues.--Section 1012(b)(3) of such Act 
is amended by striking ``must be applied to projects eligible under 
such title'' and inserting ``may be applied to any project serving a 
surface transportation purpose''.
    (g) Tolling.--Section 1012(b)(4) of such Act is amended by striking 
``a pilot program under this section, but not on any more than 3 of 
such programs'' and inserting ``any value pricing pilot program under 
this section''.
    (h) Effect on Low Income Drivers.--(1) Section 1012(b)(5) of such 
Act is amended by inserting after ``air quality,'' the following: ``low 
income drivers''; and
    (2) Section 1012(b) of such Act is further amended by adding at the 
end the following new paragraph:
            ``(7) Any value pricing pilot program funded under this 
        subsection shall fully consider the potential effects of value 
        pricing projects on drivers of all income levels and shall 
        develop mitigation measures to deal with potential adverse 
        effects on low income drivers.''.
    (i) Funding.--Section 1012(b)(6) of such Act is revised to read as 
follows:
            ``(6) There are authorized to be appropriated out of the 
        Highway Trust Fund (other than the Mass Transit Account) 
        $14,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
        2002, and 2003 to carry out the requirements of this 
        subsection. Funds allocated by the Secretary under this 
        paragraph remain available for obligation by the State for a 
        period of three years after the last day of the fiscal year for 
        which such funds are authorized. Any amounts so allocated under 
        this paragraph that remain unobligated at the end of such 
        period and any amounts authorized under this paragraph that 
        remain unallocated by the end of such period shall be 
        transferred to a State's apportionment under section 104(b)(3) 
        of such title and shall be treated in the same manner as other 
        funds apportioned under such section.''.
    (j) HOV Passenger Requirements.--Section 1012(b) of such Act is 
further amended by adding at the end the following new paragraph:
            ``(8) Notwithstanding section 102 of title 23, United 
        States Code, any State may permit vehicles with fewer than 2 
        occupants to operate in high occupancy vehicle lanes if such 
        vehicles are part of a value pricing program funded under this 
        subsection.''.
    (k) Contract Authority.--Section 1012(b) of such Act is further 
amended by adding at the end the following new paragraph:
            ``(9) Funds authorized by this subsection shall be 
        available for obligation in the same manner as if such funds 
        were apportioned under chapter 1 of title 23, United States 
        Code, except that the Federal share of the cost of any project 
        under this subsection and the availability of funds authorized 
        by this subsection shall be determined in accordance with this 
        subsection.''.

SEC. 1033. HIGHWAY USE TAX EVASION PROJECTS.

    Section 1040 of the Intermodal Surface Transportation Efficiency 
Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is amended--
            (1) in subsection (a) by striking ``subsection (e)'' and 
        inserting ``subsection (d)'';
            (2) by striking subsections (d), (e), and (f);
            (3) by redesignating subsection (g) as subsection (e); and
            (4) by inserting a new subsection (d) to read as follows:
    ``(d) Funding.--There shall be available to the Secretary for 
carrying out this section, out of the Highway Trust Fund (other than 
the Mass Transit Account), $5,000,000 for each of fiscal years 1998, 
1999, 2000, 2001, 2002, and 2003. Such funds shall be available for 
obligation in the same manner and to the same extent as if such funds 
were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share for projects carried out under this 
section shall be 100 percent, and such funds shall remain available for 
obligation for a period of one year after the last day of the fiscal 
year for which the funds are authorized.''.

SEC. 1034. PUBLIC NOTICE OF RAILBANKING.

    For any project to convert a railroad right-of-way preserved in 
accordance with subsection 1247(d) of title 16, United States Code, 
into a trail, a State shall provide public notice at the time of 
application for an interim trail use certificate in the same manner as 
required for a notice of rail abandonment.

                        TITLE II--HIGHWAY SAFETY

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Highway Safety Act of 1997''.

SEC. 2002. HIGHWAY SAFETY PROGRAMS.

    (a) Uniform Guidelines.--Section 402(a) of title 23, United States 
Code, is amended--
            (1) by striking the fifth sentence; and
            (2) by striking ``section 4007'' and inserting ``section 
        4004''.
    (b) Administrative Requirements.--Section 402(b) of such title is 
amended--
            (1) in paragraph (1) by striking the period at the end of 
        each of subparagraphs (A) and (B) and inserting a semicolon;
            (2) in paragraph (1)(C) by inserting ``, including Indian 
        tribes,'' after ``subdivisions of such State'';
            (3) in paragraph (1)(C) by striking the period at the end 
        and inserting ``; and'';
            (4) by striking paragraph (1)(E); and
            (5) by striking paragraphs (3) and (4) and redesignating 
        paragraph (5) as paragraph (3).
    (c) Apportionment of Funds.--Section 402(c) of such title is 
amended--
            (1) in the 6th sentence by inserting ``the apportionment to 
        the Secretary of the Interior shall not be less than three-
        fourths of 1 percent of the total apportionment and'' after 
        ``except that''; and
            (2) by striking the 7th and 8th sentences.
    (d) Application in Indian Country.--Section 402(i) of such title is 
amended to read as follows:
    ``(i) Application in Indian Country.--
            ``(1) In general.--For the purpose of application of this 
        section in Indian country, the terms `State' and `Governor of a 
        State' include the Secretary of the Interior and the term 
        `political subdivision of a State' includes an Indian tribe. 
        Notwithstanding the provisions of subparagraph (b)(1)(C) of 
        this section, 95 percent of the funds apportioned to the 
        Secretary of the Interior under this section shall be expended 
        by Indian tribes to carry out highway safety programs within 
        their jurisdictions. The provisions of subparagraph (b)(1)(D) 
        of this section shall be applicable to Indian tribes, except to 
        those tribes with respect to which the Secretary determines 
        that application of such provisions would not be practicable.
            ``(2) Indian country defined.--For the purposes of this 
        subsection, the term `Indian country' means--
                    ``(A) all land within the limits of any Indian 
                reservation under the jurisdiction of the United 
                States, notwithstanding the issuance of any patent, and 
                including rights-of-way running through the 
                reservation;
                    ``(B) all dependent Indian communities within the 
                borders of the United States whether within the 
                original or subsequently acquired territory thereof and 
                whether within or without the limits of a State; and
                    ``(C) all Indian allotments, the Indian titles to 
                which have not been extinguished, including rights-of-
                way running through such allotments.''.
    (e) Rulemaking Process.--Section 402(j) of such title is amended to 
read as follows:
    ``(j) Rulemaking Process.--The Secretary may from time to time 
conduct a rulemaking process to identify highway safety programs that 
are highly effective in reducing motor vehicle crashes, injuries and 
deaths. Any such rulemaking shall take into account the major role of 
the States in implementing such programs. When a rule promulgated in 
accordance with this section takes effect, States shall consider these 
highly effective programs when developing their highway safety 
programs.''.
    (f)  Safety Incentive Grants.--Section 402(k) of such title is 
amended to read as follows:
    ``(k)(1) Safety Incentive Grants: General Authority.--The Secretary 
shall make a grant to a State that takes specific actions to advance 
highway safety under subsection (l), (m), (n), or (o) of this section. 
A State may qualify for more than one grant and shall receive a 
separate grant for each subsection for which it qualifies. Such grants 
may only be used by recipient States to implement and enforce, as 
appropriate, the programs for which the grants are awarded.
    ``(2) Maintenance of Effort.--No grant may be made to a State under 
subsection (l), (m), (n), or (o) of this section in any fiscal year 
unless such State enters into such agreements with the Secretary as the 
Secretary may require to ensure that such State will maintain its 
aggregate expenditures from all other sources for the specific actions 
for which a grant is provided at or above the average level of such 
expenditures in its 2 fiscal years preceding the date of the enactment 
of this subsection.
    ``(3) Maximum Period of Eligibility; Federal Share for Grants.--
Each grant under subsection (l), (m), (n), or (o) of this section shall 
be available for not more than 6 fiscal years beginning in the fiscal 
year after September 30, 1997, in which the State becomes eligible for 
the grant. The Federal share payable for any grant under subsection 
(l), (m), (n), or (o) shall not exceed--
            ``(A) in the first and second fiscal years in which the 
        State receives the grant, 75 percent of the cost of 
        implementing and enforcing, as appropriate, in such fiscal year 
        a program adopted by the State;
            ``(B) in the third and fourth fiscal years in which the 
        State receives the grant, 50 percent of the cost of 
        implementing and enforcing, as appropriate, in such fiscal year 
        such program; and
            ``(C) in the fifth and sixth fiscal years in which the 
        State receives the grant, 25 percent of the cost of 
        implementing and enforcing, as appropriate, in such fiscal year 
        such program.
    ``(l) Alcohol-Impaired Driving Countermeasures: Basic Grant 
Eligibility.--The Secretary shall make grants to those States that 
adopt and implement effective programs to reduce traffic safety 
problems resulting from persons driving under the influence of alcohol. 
A State shall become eligible for one or more of three basic grants 
under this subsection by adopting or demonstrating the following to the 
satisfaction of the Secretary:
            ``(1) Basic grant a.--At least 4 of the following:
                    ``(A) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for persons who operate motor 
                vehicles while under the influence of alcohol which 
                requires that--
                             ``(i) in the case of a person who, in any 
                        5-year period beginning after the date of 
                        enactment of this subsection, is determined on 
                        the basis of a chemical test to have been 
                        operating a motor vehicle under the influence 
                        of alcohol or is determined to have refused to 
                        submit to such a test as proposed by a law 
                        enforcement officer, the State agency 
                        responsible for administering 
drivers' licenses, upon receiving the report of the law enforcement 
officer--
                                    ``(I) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 90 days if such person is 
                                a first offender in such 5-year period; 
                                and
                                    ``(II) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 1 year, or revoke such 
                                license, if such person is a repeat 
                                offender in such 5-year period; and
                            ``(ii) the suspension and revocation 
                        referred to under clause (A)(i) of this 
                        subparagraph shall take effect not later than 
                        30 days after the day on which the person 
                        refused to submit to a chemical test or 
                        received notice of having been determined to be 
                        driving under the influence of alcohol, in 
                        accordance with the State's procedures.
                    ``(B) Underage drinking program.--An effective 
                system, as determined by the Secretary, for preventing 
                operators of motor vehicles under age 21 from obtaining 
                alcoholic beverages. Such system may include the 
                issuance of drivers' licenses to individuals under age 
                21 that are easily distinguishable in appearance from 
                drivers' licenses issued to individuals age 21 years of 
                age or older.
                    ``(C) Stopping motor vehicles.--Either--
                            ``(i) A statewide program for stopping 
                        motor vehicles on a nondiscriminatory, lawful 
                        basis for the purpose of determining whether 
                        the operators of such motor vehicles are 
                        driving while under the influence of alcohol, 
                        or
                            ``(ii) a statewide Special Traffic 
                        Enforcement Program for impaired driving that 
                        emphasizes publicity for the program.
                    ``(D) Repeat offenders.--Effective sanctions for 
                repeat offenders convicted of driving under the 
                influence of alcohol. Such sanctions, as determined by 
                the Secretary, may include electronic monitoring; 
                alcohol interlocks; intensive supervision of probation; 
                vehicle impoundment, confiscation, or forfeiture; and 
                dedicated detention facilities.
                    ``(E) Graduated licensing system.--A three-stage 
                graduated licensing system for young drivers that 
                includes nighttime driving restrictions during the 
                first two stages, requires all vehicle occupants to be 
                properly restrained, and makes it unlawful for a person 
                under age 21 to operate a motor vehicle with a blood 
                alcohol concentration of .02 percent or greater.
            ``(2) Basic grant b.--Both of the following:
                    ``(A) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for persons who operate motor 
                vehicles while under the influence of alcohol which 
                requires that--
                            ``(i) in the case of a person who, in any 
                        5-year period beginning after the date of 
                        enactment of this subsection, is determined on 
                        the basis of a chemical test to have been 
                        operating a motor vehicle under the influence 
                        of alcohol or is determined to have refused to 
                        submit to such a test as requested by a law 
                        enforcement officer, the State agency 
                        responsible for administering drivers' 
                        licenses, upon receiving the report of the law 
                        enforcement officer--
                                    ``(I) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 90 days if such person is 
                                a first offender in such 5-year period; 
                                and
                                    ``(II) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 1 year, or revoke such 
                                license, if such person is a repeat 
                                offender in such 5-year period; and
                            ``(ii) the suspension and revocation 
                        referred to under clause (A)(i) of this 
                        subparagraph shall take effect not later than 
                        30 days after the day on which the person 
                        refused to submit to a chemical test or 
                        receives notice of having been determined to be 
                        driving under the influence of alcohol, in 
                        accordance with the State's procedures; and
                    ``(B) .08 bac per se law.--A law that provides that 
                any person with a blood alcohol concentration of 0.08 
                percent or greater while operating a motor vehicle 
                shall be deemed to be driving while intoxicated.
            ``(3) Basic grant c.--Both of the following:
                    ``(A) Fatal impaired driver percentage reduction.--
                The percentage of fatally injured drivers with 0.10 
                percent or greater blood alcohol concentration in the 
                State has decreased in each of the 3 most recent 
                calendar years for which statistics for determining 
                such percentages are available; and
                    ``(B) Fatal impaired driver percentage 
                comparison.--The percentage of fatally injured drivers 
                with 0.10 percent or greater blood alcohol 
                concentration in the State has been lower than the 
                average percentage for all States in each of such 
                calendar years.
            ``(4) Basic grant amount.--The amount of each basic grant 
        under this subsection for any fiscal year shall be up to 15 
        percent of the amount apportioned to the State for fiscal year 
        1997 under section 402 of this title.
            ``(5) Alcohol-impaired driving countermeasures: 
        supplemental grants.--During the period in which a State is 
        eligible for a basic grant under this subsection, the State 
        shall be eligible to receive a supplemental grant in no more 
        than two fiscal years of up to 5 percent of the amount 
        apportioned to the State in fiscal year 1997 under section 402 
        of this title. The State may receive a separate supplemental 
        grant for meeting each of the following criteria:
                    ``(A) Open container laws.--The State makes 
                unlawful the possession of any open alcoholic beverage 
                container, or the consumption of any alcoholic 
                beverage, in the passenger area of any motor vehicle 
                located on a public highway or the right-of-way of a 
                public highway, except--
                            ``(i) as allowed in the passenger area, by 
                        a person (other than the driver), of any motor 
                        vehicle designed to transport more than 10 
                        passengers (including the driver) while being 
                        used to provide charter transportation of 
                        passengers; or
                            ``(ii) as otherwise specifically allowed by 
                        such State, with the approval of the Secretary, 
                        but in no event may the driver of such 
motor vehicle be allowed to possess or consume an alcoholic beverage in 
the passenger area.
                    ``(B) Mandatory blood alcohol concentration testing 
                programs.--The State provides for mandatory blood 
                alcohol concentration testing whenever a law 
                enforcement officer has probable cause under State law 
                to believe that a driver of a motor vehicle involved in 
                a crash resulting in the loss of human life or, as 
                determined by the Secretary, serious bodily injury, has 
                committed an alcohol-related traffic offense.
                    ``(C) Video equipment for detection of drunk 
                drivers.--The State provides for a program to acquire 
                video equipment to be used in detecting persons who 
                operate motor vehicles while under the influence of 
                alcohol and in prosecuting those persons, and to train 
                personnel in the use of that equipment.
                    ``(D) Blood alcohol concentration for persons under 
                age 21.--The State enacts and enforces a law providing 
                that any person under age 21 with a blood alcohol 
                concentration of 0.02 percent or greater when driving a 
                motor vehicle shall be deemed to be driving while 
                intoxicated or driving under the influence of alcohol, 
                and further provides for a minimum suspension of the 
                person's driver's license for not less than 30 days.
                    ``(E) Self-sustaining drunk driving prevention 
                program.--The State provides for a self-sustaining 
                drunk driving prevention program under which a 
                significant portion of the fines or surcharges 
                collected from individuals apprehended and fined for 
                operating a motor vehicle while under the influence of 
                alcohol are returned to those communities which have 
                comprehensive programs for the prevention of such 
                operations of motor vehicles.
                    ``(F) Reducing driving with a suspended license.--
                The State enacts and enforces a law to reduce driving 
                with a suspended license. Such law, as determined by 
                the Secretary, may require a ``zebra'' stripe that is 
                clearly visible on the license plate of any motor 
                vehicle owned and operated by a driver with a suspended 
                license.
                    ``(G) Effective dwi tracking system.--The State 
                demonstrates an effective driving while intoxicated 
                (DWI) tracking system. Such a system, as determined by 
                the Secretary, may include data covering arrests, case 
                prosecutions, court dispositions and sanctions, and 
                provide for the linkage of such data and traffic 
                records systems to appropriate jurisdictions and 
                offices within the State.
                    ``(H) Assessment of persons convicted of abuse of 
                controlled substances; assignment of treatment for all 
                dwi/dui offenders.--The State provides for assessment 
                of individuals convicted of driving while intoxicated 
                or driving under the influence of alcohol or controlled 
                substances, and for the assignment of appropriate 
                treatment.
                    ``(I) Use of passive alcohol sensors.--The State 
                provides for a program to acquire passive alcohol 
                sensors to be used by police officers in detecting 
                persons who operate motor vehicles while under the 
                influence of alcohol, and to train police officers in 
                the use of that equipment.
                    ``(J) Effective penalties for provision or sale of 
                alcohol to persons under 21.--The State enacts and 
                enforces a law that provides for effective penalties or 
                other consequences for the sale or provision of 
                alcoholic beverages to any individual under 21 years of 
                age.
            ``(6) Definitions.--For the purposes of this subsection, 
        the following definitions apply:
                    ``(A) `Alcoholic beverage' has the meaning such 
                term has under section 158(c) of this title.
                    ``(B) `Controlled substances' has the meaning such 
                term has under section 102(6) of the Controlled 
                Substances Act (21 U.S.C. 802(6)).
                    ``(C) `Motor vehicle' means a vehicle driven or 
                drawn by mechanical power and manufactured primarily 
                for use on public streets, roads, and highways, but 
                does not include a vehicle operated only on a rail 
                line.
                    ``(D) `Open alcoholic beverage container' means any 
                bottle, can, or other receptacle--
                            ``(i) which contains any amount of an 
                        alcoholic beverage; and
                            ``(ii)(I) which is open or has a broken 
                        seal, or
                            ``(II) the contents of which are partially 
                        removed.
    ``(m) Occupant Protection: Basic Grant Eligibility.--The Secretary 
shall make basic grants to those States that adopt and implement 
effective programs to reduce highway deaths and injuries resulting from 
persons riding unrestrained or improperly restrained in motor vehicles. 
A State may establish its eligibility for one or both of the grants by 
adopting or demonstrating the following to the satisfaction of the 
Secretary:
            ``(1) Basic grant a.--At least 4 of the following:
                    ``(A) Safety belt use law for all front seat 
                passengers.--The State has in effect a safety belt use 
                law that makes unlawful throughout the State the 
                operation of a passenger motor vehicle whenever a 
                person in the front seat of the vehicle (other than a 
                child who is secured in a child restraint system) does 
                not have a safety belt properly secured about the 
                person's body.
                    ``(B) Primary safety belt use law or penalty 
                points.--The State provides for primary enforcement of 
                its safety belt use law or provides for the imposition 
                of penalty points against a person's driver's license 
                for a violation of its safety belt use law.
                    ``(C) Child passenger protection law.--The State 
                has in effect a law that requires any child up to 4 
                years of age who is riding in a passenger motor vehicle 
                to be properly secured in a child safety seat.
                    ``(D) Minimum fines.--The State requires a minimum 
                fine of at least $25 for violations of its safety belt 
                use law and a minimum fine of at least $25 for 
                violations of its child passenger protection law.
                    ``(E) Special traffic enforcement program.--The 
                State demonstrates implementation of a statewide 
                Special Traffic Enforcement Program for occupant 
                protection that emphasizes publicity for the program.
            ``(2) Basic grant b.--Both of the following:
                    ``(A) State safety belt use rate.--The State 
                demonstrates a statewide safety belt use rate in both 
                front outboard seating positions in all passenger motor 
                vehicles of 80 percent or higher in each of the first 
                three years a grant under this paragraph is received, 
                and of 85 percent or higher in each of the fourth, 
                fifth, and sixth years a grant under this paragraph is 
                received.
                    ``(B) Survey method.--The State follows safety belt 
                use survey methods which conform to guidelines issued 
                by the Secretary ensuring that such measurements are 
                accurate and representative.
            ``(3) Basic grant amount.--The amount of each basic grant 
        for which a State qualifies under this subsection for any 
        fiscal year shall equal up to 20 percent of the amount 
        apportioned to the State for fiscal year 1997 under section 402 
        of this title.
            ``(4) Occupant protection program: supplemental grants.--
        During the period in which a State is eligible for a basic 
        grant under this subsection, the State shall be eligible to 
        receive a supplemental grant in a fiscal year of up to 5 
        percent of the amount apportioned to the State in fiscal year 
        1997 under section 402 of this title. The State may receive a 
        separate supplemental grant for meeting each of the following 
        criteria:
                    ``(A) Penalty points against a driver's license for 
                violations of child passenger protection 
                requirements.--The State has in effect a law that 
                requires the imposition of penalty points against a 
                driver's license for violations of child passenger 
                protection requirements.
                    ``(B) Elimination of non-medical exemptions to 
                safety belt and child passenger protection laws.--The 
                State has in effect safety belt and child passenger 
                protection laws that contain no nonmedical exemptions.
                    ``(C) Child occupant protection education 
                program.--The State demonstrates implementation of a 
                statewide comprehensive child occupant protection 
                education program that includes education about proper 
                seating positions for children in air bag equipped 
                motor vehicles and instruction on how to reduce the 
                improper use of child restraints systems.
                    ``(D) Open bed laws.--The State has in effect a law 
                that prohibits persons from riding in the open bed of a 
                pickup truck.
                     ``(E) Safety belt use in rear seats.--The State 
                has in effect a law that requires safety belt use by 
                all rear-seat passengers in all passenger motor 
                vehicles with a rear seat.
            ``(5) Definitions.--As used in this subsection--
                     ``(A) `Child safety seat' means any device except 
                safety belts, designed for use in a motor vehicle to 
                restrain, seat, or position children who weigh 50 
                pounds or less.
                     ``(B) `Motor vehicle' means a vehicle driven or 
                drawn by mechanical power and manufactured primarily 
                for use on public streets, roads, and highways, but 
                does not include a vehicle operated only on a rail 
                line.
                     ``(C) `Multipurpose passenger vehicle' means a 
                motor vehicle with motive power (except a trailer), 
                designed to carry not more than 10 individuals, that is 
                constructed either on a truck chassis or with special 
                features for occasional off-road operation.
                     ``(D) `Passenger car' means a motor vehicle with 
                motive power (except a multipurpose passenger vehicle, 
                motorcycle, or trailer) designed to carry not more than 
                10 individuals.
                     ``(E) `Passenger motor vehicle' means a passenger 
                car or a multipurpose passenger motor vehicle.
                     ``(F) `Safety belt' means--
                            ``(i) with respect to open-body passenger 
                        vehicles, including convertibles, an occupant 
                        restraint system consisting of a lap belt or a 
                        lap belt and a detachable shoulder belt; and
                            ``(ii) with respect to other passenger 
                        vehicles, an occupant restraint system 
                        consisting of integrated lap and shoulder 
                        belts.
    ``(n) State Highway Safety Data Improvements.--The Secretary shall 
make a grant to a State that takes effective actions to improve the 
timeliness, accuracy, completeness, uniformity, and accessibility of 
the State's data needed to identify priorities within State and local 
highway and traffic safety programs, to evaluate the effectiveness of 
such efforts, and to link these State data systems, including traffic 
records, together and with other data systems within the State, such as 
systems that contain medical and economic data:
            ``(1) First-year grant eligibility.--A State is eligible 
        for a first-year grant under this subsection in a fiscal year 
        if such State either:
                    ``(A) Demonstrates, to the satisfaction of the 
                Secretary, that it has--
                            ``(i) established a Highway Safety Data and 
                        Traffic Records Coordinating Committee with a 
                        multi-disciplinary membership including the 
                        administrators, collectors, and users of such 
                        data (including the public health, injury 
                        control, and motor carrier communities) of 
                        highway safety and traffic records databases;
                            ``(ii) completed within the preceding 5 
                        years a highway safety data and traffic records 
                        assessment or audit of its highway safety data 
                        and traffic records system; and
                            ``(iii) initiated the development of a 
                        multi-year highway safety data and traffic 
                        records strategic plan to be approved by the 
                        Highway Safety Data and Traffic Records 
                        Coordinating Committee that identifies and 
                        prioritizes its highway safety data and traffic 
                        records needs and goals, and that identifies 
                        performance-based measures by which progress 
                        toward those goals will be determined; or
                    ``(B) Provides, to the satisfaction of the 
                Secretary--
                            ``(i) certification that it has met the 
                        provisions outlined in clauses (A)(i) and 
                        (A)(ii) of subparagraph (A) of this paragraph;
                            ``(ii) a multi-year plan that identifies 
                        and prioritizes the State's highway safety data 
                        and traffic records needs and goals, that 
                        specifies how its incentive funds for the 
                        fiscal year will be used to address those needs 
                        and the goals of the plan, and that identifies 
                        performance-based measures by which progress 
                        toward those goals will be determined; and
                            ``(iii) certification that the Highway 
                        Safety Data and Traffic Records Coordinating 
                        Committee continues to operate and supports the 
                        multi-year plan described in clause (B)(ii) of 
                        this subparagraph.
            ``(2) First-year grant amount.--The amount of a first-year 
        grant made for State highway safety data and traffic records 
        improvements for any fiscal year to any State eligible for such 
        a grant under subparagraph (1)(A) of paragraph (A) of this 
        subsection shall equal $125,000, subject to the availability of 
        appropriations, and for any State eligible for such a grant 
        under subparagraph (1)(B) of this subsection shall equal a 
        proportional amount of the amount apportioned to the State for 
        fiscal year 1997 under section 402 of this title, except that 
        no State shall receive less than $225,000, subject to the 
        availability of appropriations.
            ``(3) State highway safety data and traffic records 
        improvements: succeeding-year grants.--A State shall be 
        eligible for a grant in any fiscal year succeeding the first 
        fiscal year in which the State receives a State highway safety 
        data and traffic records grant if the State, to the 
        satisfaction of the Secretary:
                    ``(A) Submits or updates a multi-year plan that 
                identifies and prioritizes the State's highway safety 
                data and traffic records needs and goals, that 
                specifies how its incentive funds for the fiscal year 
                will be used to address those needs and the goals of 
                the plan, and that identifies performance-based 
                measures by which progress toward those goals will be 
                determined;
                    ``(B) Certifies that its Highway Safety Data and 
                Traffic Records Coordinating Committee continues to 
                support the multi-year plan; and
                    ``(C) Reports annually on its progress in 
                implementing the multi-year plan.
            ``(4) Succeeding-year grant amounts.--The amount of a 
        succeeding-year grant made for State highway safety data and 
        traffic records improvements for any fiscal year to any State 
        that is eligible for such a grant shall equal a proportional 
        amount of the amount apportioned to the State for fiscal year 
        1997 under section 402 of this title, except that no State 
        shall receive less than $225,000, subject to the availability 
        of appropriations.
    ``(o) Drugged Driving Countermeasures.--The Secretary shall make 
grants to those States that adopt and implement effective programs to 
reduce drug use and drugged driving:
            ``(1) Grant eligibility.--A State is eligible for a grant 
        under this subsection in a fiscal year by meeting, to the 
        satisfaction of the Secretary, 5 or more of the following 
        criteria:
                    ``(A) Zero tolerance for drugs.--The State has in 
                effect a law that requires that any person with a 
                measurable amount of a controlled substance, a 
                combination of controlled substances, or a combination 
                of alcohol and controlled substances when driving a 
                motor vehicle shall be deemed to be driving under the 
                influence of or impaired by a controlled substance.
                    ``(B) Drug impaired driving.--The State has in 
                effect a law that makes it unlawful for any person to 
                drive or be in actual physical control of a motor 
                vehicle while under the influence of or impaired by a 
                drug or substance (licit or illicit).
                    ``(C) Mandatory testing for drugs or substances.--
                The State has in effect a law that provides for 
                mandatory chemical testing whenever a law enforcement 
                officer has probable cause under State law to believe 
                that a driver of a motor vehicle involved in a crash 
                resulting in the loss of human life or, as determined 
                by the Secretary, serious bodily injury, has committed 
                a drug or substance-related traffic offense.
                    ``(D) Administrative license revocation.--The State 
                has in effect an administrative driver's license 
                suspension or revocation system for persons who operate 
                motor vehicles while under the influence of a drug or 
                substance which requires that--
                            ``(i) in the case of a person who, in any 
                        5-year period beginning after the date of 
                        enactment of this subsection, is determined on 
                        the basis of one or more chemical tests to have 
                        been operating a motor vehicle under the 
                        influence of a drug or substance or is 
                        determined to have refused to submit to such a 
                        test as requested by the law enforcement 
                        officer, the State agency responsible for 
                        administering drivers' licenses, upon receipt 
                        the report of the law enforcement officer--
                                    ``(I) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 90 days if such person is 
                                a first offender in such 5-year period; 
                                and
                                    ``(II) shall suspend the driver's 
                                license of such person for a period of 
                                not less than 1 year, or revoke such 
                                license, if such person is a repeat 
                                offender in such 5-year period; and
                            ``(ii) the suspension and revocation 
                        referred to under (D)(i) shall take effect not 
                        later than 30 days after the day on which the 
                        person was determined to have been driving 
                        under the influence of drugs or refused to take 
                        a chemical test in accordance with the State's 
                        procedures.
                    ``(E) License revocation or suspension of persons 
                convicted of drug offenses.--The State has in effect a 
                law that requires in all circumstances, or requires in 
                the absence of compelling circumstances warranting an 
                exception--
                            ``(i) the revocation, or suspension for at 
                        least 6 months, of the driver's license of any 
                        person who is convicted, after the enactment of 
                        such law, of--
                                    ``(I) any violation of the 
                                Controlled Substances Act, or
                                    ``(II) any drug offense; and
                            ``(ii) a delay in the issuance or 
                        reinstatement of a driver's license to such a 
                        person for at least 6 months after the person 
                        applies for the issuance or reinstatement of a 
                        driver's license if the person does not have a 
                        driver's license, or the driver's license of 
                        the person is suspended, at the time the person 
                        is so convicted.
                    ``(F) Graduated licensing.--The State has adopted 
                an effective three-stage graduated licensing system for 
                young drivers, as determined by the Secretary, that 
                includes drug use and drugged driving provisions.
                    ``(G) Active enforcement and publicity.--The State 
                provides for active enforcement and publicity, as 
                determined by the Secretary, of drugged driving laws.
                    ``(H) Drug intervention.--The State has in effect a 
                system that provides for an assessment of persons 
                determined to have been operating a motor vehicle under 
                the influence of or impaired by a drug or controlled 
                substance, as determined by the Secretary, and referral 
                to drug education, counseling, and treatment, as 
                appropriate.
                    ``(I) Drug education.--The State has adopted an 
                effective educational program, as determined by the 
                Secretary, under which drug information is provided to 
                persons who apply for and who renew their driver's 
                licenses, and drug-related questions are included on 
                drivers' license examinations.
            ``(2) Grant amount.--The amount of a grant made for drugged 
        driving countermeasures for any fiscal year to any eligible 
        State shall not be more than 20 percent of the amount 
        apportioned to the State for fiscal year 1997 under section 402 
        of this title.
            ``(3) Definitions.--For the purposes of this subsection--
                    ``(A) `Alcoholic beverage' has the meaning such 
                term has under section 158(c) of this title.
                    ``(B) `Controlled substances' has the meaning such 
                term has under section 102(6) of the Controlled 
                Substances Act (21 U.S.C. 802(6)).
                    ``(C) `Motor vehicle' means a vehicle driven or 
                drawn by mechanical power and manufactured primarily 
                for use on public streets, roads, and highways, but 
                does not include a vehicle operated only on a rail 
                line.''.
    (g) Conforming Amendment.--Section 410 of chapter 4 of this title 
is repealed, and the analysis for chapter 4 of this title is amended by 
striking the item relating to Section 410.

SEC. 2003. NATIONAL DRIVER REGISTER.

    (a) Transfer of Selected Functions to Non-Federal Management.--
Section 30302 of title 49, United States Code, is amended by adding at 
the end thereof the following:
    ``(e) Transfer of Selected Functions to Non-Federal Management.--
(1) The Secretary may enter into an agreement with an organization that 
represents the interests of the States to manage, administer, and 
operate the National Driver Register's computer timeshare and user 
assistance functions. If the Secretary decides to enter into such an 
agreement, the Secretary shall ensure that the management of these 
functions is compatible with this chapter and the regulations issued to 
implement this chapter.
    ``(2) Any transfer of the National Driver Register's computer 
timeshare and user assistance functions to an organization that 
represents the interests of the States shall begin only after a 
determination is made by the Secretary that all States are 
participating in the National Driver Register's `Problem Driver Pointer 
System' (the system used by the Register to effect the exchange of 
motor vehicle driving records), and that the system is functioning 
properly.
    ``(3) The agreement entered into under this subsection shall 
include a provision for a transition period sufficient to allow the 
States to make the budgetary and legislative changes they may need to 
pay fees charged by the organization representing their interests for 
their use of the National Driver Register's computer timeshare and user 
assistance functions. During this transition period, the Secretary 
(through the National Highway Traffic Safety Administration) shall 
continue to fund these transferred functions.
    ``(4) The total of the fees charged by the organization 
representing the interests of the States in any fiscal year for the use 
of the National Driver Register's computer timeshare and user 
assistance functions shall not exceed the total cost to the 
organization for performing these functions in such fiscal year.
    ``(5) Nothing in this subsection shall be construed to diminish, 
limit, or otherwise affect the authority of the Secretary to carry out 
this chapter.''.
    (b) Access to Register Information.--
            (1) Conforming amendments.--Section 30305(b) of title 49, 
        United States Code, is amended--
                    (A) in paragraph (2), by inserting before the 
                period at the end ``, unless the information is about a 
                revocation or suspension still in effect on the date of 
                the request'';
                    (B) In paragraph (8), as redesignated by section 
                207(b) of the Coast Guard Authorization Act of 1996 
                (Public Law 104-324, 110 Stat. 3908), by striking 
                ``paragraph (2)'' and substituting ``subsection (a) of 
                this section''; and
                    (C) by redesignating paragraph (8), as redesignated 
                by section 502(b)(1) of the Federal Aviation 
                Reauthorization Act of 1996 (Public Law 104-264, 110 
                Stat. 3262), as paragraph (9).
            (2) Federal agency access provision.--Section 30305(b) of 
        title 49, United States Code, is further amended by--
                    (A) redesignating paragraph (6) as paragraph (10) 
                and inserting it after paragraph (9);
                    (B) inserting the following new paragraph (6):
            ``(6) The head of a Federal department or agency that 
        issues motor vehicle operator's licenses may request the chief 
        driver licensing official of a State to obtain information 
        under subsection (a) of this section about an individual 
        applicant for a motor vehicle operator's license from such 
        department or agency. The department or agency may receive the 
        information, provided it transmits to the Secretary a report 
        regarding any individual who is  denied a motor vehicle 
operator's license by that department or agency for cause; whose motor 
vehicle operator's license is revoked, suspended or canceled by that 
department or agency for cause; or about whom the department or agency 
has been notified of a conviction of any of the motor vehicle-related 
offenses or comparable offenses listed in subsection 30304(a)(3) and 
over whom the department or agency has licensing authority. The report 
shall contain the information specified in subsection 30304(b).''; and
                    (C) inserting the following at the end of the 
                subsection:
            ``(11) The head of a Federal department or agency 
        authorized to receive information regarding an individual from 
        the Register under this section may request and receive such 
        information from the Secretary.''.

SEC. 2004. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Highway Safety Programs.--The following sums are authorized to 
be appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
            (1) Consolidated state highway safety programs.--
                    (A) For carrying out the State and Community 
                Highway Safety Program under section 402 of title 23, 
                United States Code, by the National Highway Traffic 
                Safety Administration, except for the incentive 
                programs under subsections (l), (m), (n), and (o) of 
                that section, $166,700,000 for each of fiscal years 
                1998, 1999, 2000, 2001, and 2002, and $171,034,000 for 
                fiscal year 2003.
                    (B) To carry out the alcohol-impaired driving 
                countermeasures incentive grant provisions of 
                subsection (l) of section 402 of title 23, United 
                States Code, by the National Highway Traffic Safety 
                Administration, $44,000,000 for fiscal year 1998, 
                $39,000,000 for each of fiscal years 1999, 2000, and 
                2001, $49,000,000 for fiscal year 2002, and $50,170,000 
                for fiscal year 2003. Amounts made available to carry 
                out subsection (l) are authorized to remain available 
                until expended, provided that, in each fiscal year the 
                Secretary may reallocate any amounts remaining 
                available under subsection (l) to subsections (m), (n), 
                and (o) of section 402 of title 23, United States Code, 
                as necessary to ensure, to the maximum extent possible, 
                that States may receive the maximum incentive funding 
                for which they are eligible under these programs.
                    (C) To carry out the occupant protection program 
                incentive grant provisions of subsection (m) of section 
                402 of title 23, United States Code, by the National 
                Highway Traffic Safety Administration, $20,000,000 for 
                each of fiscal years 1998, 1999, 2000, and 2001, 
                $22,000,000 for fiscal year 2002, and $22,312,000 for 
                fiscal year 2003. Amounts made available to carry out 
                subsection (m) are authorized to remain available until 
                expended, provided that, in each fiscal year the 
                Secretary may reallocate any amounts remaining 
                available under subsection (m) to subsections (l), (n), 
                and (o) of section 402 of title 23, United States Code, 
                as necessary to ensure, to the maximum extent possible, 
                that States may receive the maximum incentive funding 
                for which they are eligible under these programs.
                    (D) To carry out the State highway safety data 
                improvements incentive grant provisions of subsection 
                (n) of title 23, United States Code, by the National 
                Highway Traffic Safety Administration, $12,000,000 for 
                each of fiscal years 1998, 1999, 2000, and 2001. 
                Amounts made available to carry out subsection (n) are 
                authorized to remain available until expended.
                    (E) To carry out the drugged driving 
                countermeasures incentive grant provisions of 
                subsection (o) of title 23, United States Code, by the 
                National Highway Traffic Safety Administration, 
                $5,000,000 for each of fiscal years 1999, 2000, 2001, 
                and 2002, and $5,130,000 for fiscal year 2003. Amounts 
                made available to carry out subsection (o) are 
                authorized to remain available until expended, provided 
                that, in each fiscal year the Secretary may reallocate 
                any amounts remaining available under subsection (o) to 
                subsections (l), (m), and (n) of section 402 of title 
                23, United States Code, as necessary to ensure, to the 
                maximum extent possible, that States may receive the 
                maximum incentive funding for which they are eligible 
                under these programs.
            (2) NHTSA operations and research.--For carrying out the 
        functions of the Secretary, by the National Highway Traffic 
        Safety Administration, for traffic and highway safety under (A) 
        Section 403 of Title 23, United States Code (Highway Safety 
        Research and Development), (B) Chapter 301 of Title 49, United 
        States Code (Motor Vehicle Safety), and (C) Part C of Subtitle 
        VI of Title 49, United States Code (Information, Standards, and 
        Requirements), there are authorized to be appropriated 
        $147,500,000, for each of fiscal years 1998, 1999, 2000, 2001, 
        and 2002, and $151,335,000 for fiscal year 2003.
            (3) National driver register.--For carrying out chapter 303 
        (National Driver Register) of title 49, United States Code, by 
        the National Highway Traffic Safety Administration, there are 
        authorized to be appropriated under section 30308(a) of such 
        chapter $2,300,000 for each of fiscal years 1998, 1999, 2000, 
        2001, and 2002, and $2,360,000 for fiscal year 2003.

       TITLE III--FEDERAL MASS TRANSPORTATION AMENDMENTS OF 1997

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Federal Mass Transportation 
Amendments of 1997''.

SEC. 3002. AMENDMENTS TO THE FEDERAL TRANSIT LAWS.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of chapter 53 of title 49, 
United States Code.

SEC. 3003. DEFINITIONS.

    (a) Capital Project.--Section 5302(a) is amended by striking 
paragraph (1) and inserting--
            ``(1) `capital project' means a project for--
                    ``(A) acquiring, constructing, supervising, or 
                inspecting equipment or a facility for use in mass 
                transportation, expenses incidental to the acquisition 
                or construction (including designing, engineering, 
                location surveying, mapping, acquiring rights of way, 
                associated pre-revenue startup costs, and environmental 
                mitigation), payments for rail trackage rights, 
                Intelligent Transportation Systems as defined in 
                section 6052 of the National Economic Crossroads 
                Transportation Efficiency Act, relocation assistance, 
                acquiring replacement housing sites, and acquiring, 
                constructing, relocating, and rehabilitating 
                replacement housing;
                    ``(B) rehabilitating a bus;
                    ``(C) remanufacturing a bus;
                    ``(D) overhauling rail rolling stock;
                    ``(E) preventive maintenance;
                    ``(F) financing the leasing of equipment and 
                facilities for use in mass transportation;
                    ``(G) new fixed guideway systems and extensions to 
                existing fixed guideway systems, including the 
                acquisition of real property, the initial acquisition 
                of rolling stock for the systems, alternatives analysis 
                related to the development of the systems, and the 
                acquisition of rights of way, and relocation, for fixed 
                guideway corridor development for projects in the 
                advanced stages of alternatives analysis or preliminary 
                engineering;
                    ``(H) property and improvements (except public 
                highways other than fixed guideway facilities) needed 
                for an efficient and coordinated mass transportation 
                system;
                    ``(I) the capital costs of coordinating mass 
                transportation with other transportation;
                    ``(J) the introduction of new technology, through 
                innovative and improved products, into mass 
                transportation;
                    ``(K) a mass transportation improvement that 
                enhances economic development that may incorporate 
                private investment, including commercial and 
                residential development, pedestrian access to a mass 
                transportation facility, and the renovation and 
                improvement of historic transportation facilities, 
                where the project--
                             ``(i) enhances the effectiveness of a mass 
                        transportation project and is related 
                        physically or functionally to that mass 
                        transportation project; or
                            ``(ii) establishes new or enhanced 
                        coordination between mass transportation and 
                        other transportation; and
                            ``(iii) provides a fair share of revenue 
                        for mass transportation, which shall be used 
                        for mass transportation;
                    ``(L) mass transportation projects planned, 
                designed, and carried out to meet the special needs of 
                elderly individuals and individuals with disabilities;
                    ``(M) the development of corridors to support fixed 
                guideway systems, including protecting rights of way 
                through acquisition, construction of dedicated bus and 
                high occupancy vehicle lanes and park and ride lots, 
                and other nonvehicular capital improvements that the 
                Secretary of Transportation may decide would result in 
                increased mass transportation usage in the corridor;
                    ``(N) vehicles and facilities, publicly or 
                privately owned, that are used to provide intercity 
                passenger service by bus or rail;
                    ``(O) access for bicycles to mass transportation 
                facilities, to provide shelters and parking facilities 
                for bicycles in or around mass transportation 
                facilities, or to install equipment for transporting 
                bicycles on mass transportation vehicles;
                    ``(P) the repayment of the principal and interest 
                of bonds used for capital projects, provided the bonds 
                were not used to provide the non-Government share under 
                section 5328(a)(2) of this title;
                    ``(Q) crime prevention and security, whether or not 
                a local governmental authority other than the grant 
                applicant has law enforcement responsibilities; or
                    ``(R) acquiring non-fixed route paratransit 
                transportation service to comply with the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.).''
    (b) Public Transportation.--Section 5302(a) is further amended--
            (1) by striking paragraph (12);
            (2) by redesignating paragraphs (10) and (11) as paragraphs 
        (11) and (12), respectively;
            (3) by redesignating paragraph (13) as paragraph (14); and
            (4) by inserting the following paragraph after paragraph 
        (9):
            ``(10) `public transportation' means `mass 
        transportation.'.''
    (c) Transit.--Section 5302(a) is further amended by inserting after 
redesignated paragraph (12) the following:
             ``(13) `transit' means `mass transportation.'''.
    (d) A Conforming Amendment.--Section 5302(b) is amended by striking 
``5307(d)(1)(D)'' and inserting ``5307(c)(1)(A)''.

SEC. 3004. METROPOLITAN PLANNING.

    (a) Development Requirements.--Section 5303(a) is amended--
            (1) in the first sentence, by inserting ``in a fair and 
        equitable manner'' after the word ``title''; and
            (2) in the second sentence, by striking ``developing'' and 
        all that follows and inserting ``the development and integrated 
        management and operation (excluding maintenance) 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.''.
    (b) Plan and Program Factors.--Section 5303 is amended by striking 
subsection (b) and inserting the following:
    ``(b) Plan and Program Factors.--(1) In developing plans and 
programs under this section and sections 5304-5306 of this title, each 
metropolitan planning organization at least shall--
            ``(A) support the economic vitality of the metropolitan 
        area, especially by enabling global competitiveness, 
        productivity, and efficiency;
            ``(B) increase the safety and security of the 
        transportation system;
            ``(C) increase the accessibility and mobility options 
        available to people and freight;
            ``(D) protect and enhance the environment, energy 
        conservation, and quality of life;
            ``(E) enhance the integration and connectivity of the 
        transportation system, across and between modes for people and 
        freight;
            ``(F) promote efficient management and operation; and
            ``(G) emphasize the preservation of the existing 
        transportation system.
    ``(2) The metropolitan planning organization shall cooperatively 
determine with the State and mass transportation operator how these 
goals are translated into metropolitan goals and objectives, and how 
they are factored into decisionmaking.''.
    (c) Designating Metropolitan Planning Organizations.--Section 
5303(c) is amended--
            (1) by striking ``75'' each place it appears and inserting 
        ``51'' in each instance;
            (2) by striking paragraph (2) and inserting the following:
            ``(2) The policy board of a metropolitan planning 
        organization, serving an area designated as a transportation 
        management area, when designated or redesignated, shall include 
        local elected officials, officials of authorities that 
        administer or operate major modes of transportation in the 
        metropolitan area (including all transportation authorities 
        included in the organization on June 1, 1991), and appropriate 
        State officials.'';
            (3) in paragraph (3), by striking ``only'' and all that 
        follows and inserting ``only if the Secretary concurs with a 
        request from the chief executive officer and existing 
        metropolitan planning organization that the size and complexity 
        of the urbanized area make designation of more than one 
        organization appropriate.''; and
            (4) in paragraph (5), by striking subparagraphs (B) and (C) 
        and by redesignating subparagraph (5)(A) as paragraph (5).
    (d) Metropolitan Planning Area Boundaries.--Subsection 5303(d) is 
amended to read as follows:
    ``(d) Metropolitan Area Boundaries.--To carry out this section, the 
metropolitan planning organization and the chief executive officer 
shall decide by agreement on the boundaries of a metropolitan area. The 
area shall cover at least the existing urbanized area and the 
contiguous area expected to become urbanized within the 20-year 
forecast period and may include the Metropolitan Statistical Area or 
Consolidated Metropolitan Statistical Area, as defined by the Secretary 
of Commerce. An area designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under the Clean Air Act (42 
U.S.C. 7401 et seq.) shall include at least the boundaries of the 
nonattainment area in existence as of September 30, 1996, except as the 
chief executive officer and metropolitan planning organization 
otherwise agree. For urbanized areas designated after September 30, 
1996, the planning area boundaries shall cover at least the urbanized 
area and the contiguous area expected to become urbanized within the 
20-year forecast period and may encompass the entire Metropolitan 
Statistical Area or Consolidated Metropolitan Statistical Area, as 
defined by the Department of Commerce. The boundaries shall be 
established by agreement between the officials from the appropriate 
local governmental authorities (including the central city) and the 
chief executive officer and will address appropriately any 
nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 
et seq.) for ozone, carbon monoxide, or particulate matter.''.
    (e) Coordination.--Paragraph 5303(e)(3) is amended to read as 
follows:
            ``(3) If more than one metropolitan planning organization 
        has authority in a metropolitan area or an area designated a 
        nonattainment area for ozone, carbon monoxide, or particulate 
        matter under the Clean Air Act (42 U.S.C. 7401 et seq.), each 
        organization shall coordinate with the other organizations 
        designated for the area and the State to coordinate plans and 
        projects required by this section and sections 5304-5306 of 
        this title.''.
    (f) Development of Transportation Plans.--Section 5303 is amended 
by striking subsection (f) and inserting the following:
    ``(f) Development of Transportation Plan.--(1) Each metropolitan 
planning organization shall prepare and update periodically, according 
to a schedule the Secretary of Transportation decides is appropriate, a 
transportation plan for its metropolitan area under the requirements of 
this section. The plan shall at least--
            ``(A) identify transportation facilities (including major 
        roadways, mass transportation, and multimodal and intermodal 
        facilities) that should function as a future integrated 
        transportation system, emphasizing transportation facilities 
        that serve important United States and regional transportation 
        functions;
            ``(B) address the considerations in subsection (b) of this 
        section, any State or local goals developed in the cooperative 
        metropolitan planning process, and other issues addressed in 
        this section as they relate to a 20-year forecast period and to 
        other forecast periods as determined by the participants in the 
        planning process.
            ``(C) include a financial plan that--
                    ``(i) demonstrates how the adopted transportation 
                plan can be carried out;
                    ``(ii) indicates resources from public and private 
                sources reasonably expected to be made available to 
                carry out the plan; and
                    ``(iii) recommends any additional financing 
                strategies for needed projects and programs; and
            ``(D) identify transportation strategies necessary to--
                    ``(i) ensure the preservation of the existing 
                metropolitan transportation system, including 
                requirements for management, operation (excluding 
                maintenance) modernization, and rehabilitation of 
                existing and future transportation systems;
                    ``(ii) use existing transportation facilities most 
                efficiently to relieve congestion and maximize the 
                mobility of individuals and goods; and
                    ``(iii) enhance access within the metropolitan 
                planning area, especially for those individuals without 
                access to private motor vehicles.
    ``(2) When formulating a transportation plan, the metropolitan 
planning organization, mass transportation operator, and State shall 
cooperatively develop estimates of funds that will be available to 
carry out the plan.
    ``(3) In a metropolitan area that is in a nonattainment area for 
ozone, carbon monoxide, or particulate matter under the Clean Air Act 
(42 U.S.C. 7401 et seq.), the metropolitan planning organization and 
the State air quality agency (and local air quality agencies as 
appropriate) shall coordinate the process of developing the 
transportation plan with the State air quality implementation plan, 
including the development of the transportation control measures for 
the State Implementation Plan required by the Act.
    ``(4) Before approving a transportation plan, each metropolitan 
planning organization shall provide citizens, affected public agencies, 
representatives of mass transportation authority employees, freight 
shippers, private providers of transportation, and other interested 
parties with a reasonable opportunity to comment on the plan in a way 
the Secretary of Transportation considers appropriate.
    ``(5) A transportation plan shall be--
            ``(A) made readily available for public review; and
            ``(B) submitted for information purposes to the chief 
        executive officer of the State at the time and in the way the 
Secretary of Transportation establishes.''.
    (g) The catchline for subsection 5303(h) is amended by striking 
``Balanced and Comprehensive Planning'' and inserting ``Metropolitan 
Planning Grants''.
    (h) Subsection 5303(h) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Funds available under section 5338(c) of this title 
        shall be available for metropolitan planning activities under 
        this section. To the extent practicable, the Secretary of 
        Transportation shall ensure that amounts made available are 
        used to support balanced and comprehensive transportation 
        planning that considers the relationships among land use and 
        all transportation modes, without regard to the programmatic 
        source of the planning amounts.'';
            (2) in paragraph (2)(A), by striking ``section 5338(g)(1)'' 
        and inserting ``section 5338 (c)'';
            (3) in paragraph (3)(A), by striking ``section 5338(g)(1)'' 
        and inserting ``section 5338(c)''; and
            (4) in paragraph (4), by striking ``section 5338(g)'' and 
        inserting ``section 5338(c)''.

SEC. 3005. METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.

    (a) The heading for section 5304 is amended by inserting 
``Metropolitan'' before ``Transportation''.
    (b) Development and Update.--Section 5304(a) is amended to read as 
follows:
    ``(a) Development and Update.--In cooperation with the State and 
affected mass transportation operators, a metropolitan planning 
organization designated for a metropolitan area shall develop a 
transportation improvement program for the area. In developing the 
program, the organization in cooperation with the State and affected 
mass transportation operators, shall provide citizens, affected public 
agencies, representatives of transportation authority employees, other 
affected employee representatives, freight shippers, private providers 
of transportation, and other interested parties with a reasonable 
opportunity to comment on the proposed program. The program shall be 
updated at least once every 2 years and shall be approved by the 
organization and the chief executive officer of the State.''
    (c) Contents.--Section 5304 is amended by striking subsection (b) 
and inserting the following:
    ``(b) Contents.--A transportation improvement program for a 
metropolitan area shall include the following:
            ``(1) A listing of proposed surface transportation projects 
        and strategies supported by the Government and to be carried 
        out within each 3-year period after the initial adoption of the 
        transportation improvement program.
            ``(2) A financial plan that demonstrates how the 
        transportation improvement program can be implemented, 
        indicates resources from public and private sources that are 
        reasonably expected to be made available to carry out the 
        program, and identifies innovative financing techniques to 
        finance projects, programs, and strategies. For the purpose of 
        developing the transportation improvement program, the 
        metropolitan planning organization, mass transportation 
        operator, and the State shall cooperatively develop estimates 
        of financing that will be available to support program 
        implementation.''.
    (d) Project Selection.--Subsection 5304(c) is amended to read as 
follows:
    ``(c) Project Selection.--(1) Except as provided in section 
5305(d)(1) of this title and in addition to the cooperative 
transportation improvement program under subsection (a) of this 
section, the State and the mass transportation grant recipient 
designated from the transportation improvement program, in cooperation 
with the metropolitan planning organization, shall select projects in a 
metropolitan area that involve United States Government participation.
    ``(2) A transportation improvement program for a metropolitan area 
shall include--
            ``(A) the projects and strategies within the area that are 
        proposed for financing under this chapter and chapter 1 of 
        title 23 and that are consistent with the transportation plan 
        developed under section 5303(f) of this title; and
            ``(B) a project or an identified phase of a project only if 
        full financing reasonably can be anticipated to be available 
        for the project in the period estimated for completion.''.
    (e) Notice and Comment.--Subsection 5304(d) is amended to read as 
follows:
    ``(d) Notice and Comment.--Before approving a transportation 
improvement program, a metropolitan planning organization shall, in 
cooperation with the State and mass transportation operators, provide 
citizens, affected public agencies, representatives of transportation 
agency employees, private providers of transportation, and other 
interested parties with reasonable notice and an opportunity to comment 
on the proposed program.''.
    (f) Regulatory Proceedings.--Section 5304 is amended by striking 
subsection (e).
    (g) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5304 and inserting the 
following:

``5304. Metropolitan transportation improvement program.''.

SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.

    (a) Section 5305(a)(2) is amended to read as follows:
            ``(2) any other area when requested by the chief executive 
        officer and the metropolitan organization designated for the 
        area.''.
    (b) Section 5305(c) is amended to read as follows:
    ``(c) Congestion Management System--The transportation planning 
process under sections 5303 and 5304 of this title in a transportation 
management area shall include a congestion management system providing 
for effective management of new and existing transportation facilities 
eligible for financing under this chapter and title 23 through the use 
of travel demand reduction and operational management strategies.''.
    (c) Project Selection.--Section 5305(d) is amended to read as 
follows:
    ``(d) Project Selection.--
            ``(1)(A) In general.--In consultation with the State and 
        mass transportation operator, and in addition to the 
        cooperative transportation improvement program development 
        under section 5304(a) of this title, the metropolitan planning 
        organization designated for a transportation management area 
        shall select from the approved transportation improvement 
        program the projects to be carried out in the area with United 
        States Government participation under this chapter or title 23, 
        except projects of the National Highway System or under the 
        Bridge and Interstate Maintenance programs.
            ``(B) National highway system, bridge, or interstate 
        maintenance programs.--The State, in cooperation with the 
metropolitan planning organization designated for a transportation 
management area, shall select the projects from the approved 
transportation improvement program to be carried out in the area of the 
National Highway System or under the Bridge and Interstate Maintenance 
programs.''.
    (d) Section 5305(e) is amended--
            (1) in the first sentence of paragraph (1), by striking 
        ``each'' and all that follows through ``responsibilities'' and 
        inserting ``the metropolitan planning process in each 
        transportation management area is being carried out'';
            (2) in the second sentence of paragraph (1), by striking 
        ``organization is complying'' and inserting ``transportation 
        planning process complies'';
            (3) by striking paragraph (2) and inserting the following:
            ``(2) If a metropolitan planning process is not certified, 
        the Secretary may withhold all or part of the apportioned funds 
        attributable to the transportation management area under this 
        chapter and title 23. The withheld apportionments shall be 
        restored when the Secretary certifies the organization.''; and
            (4) in paragraph (3), by striking ``section 5306(a)'' and 
        inserting ``section 5323(k)''.
    (e) Section 5305(f) is amended to read as follows:
    ``(f) Additional Requirements for Certain Nonattainment 
Requirements for Certain Nonattainment Areas.--Government amounts may 
be made available for a mass transportation project resulting in a 
significant increase in carrying capacity for single occupant vehicles 
in a transportation management area classified as a nonattainment area 
for ozone, carbon monoxide, or particulate matter under the Clean Air 
Act (42 U.S.C. 7401 et seq.) only if the project results from an 
approved congestion management system, which is part of the planning 
process. The provisions of this subsection apply to the nonattainment 
area within the planning area boundaries as defined in section 5303(d) 
of this title.''.
    (f) Section 5305(g) is amended to read as follows:
    ``(g) Areas Not Designated Transportation Management Areas.--(1) 
The Secretary may provide for the development of abbreviated 
metropolitan transportation plans and programs the Secretary decides 
are appropriate to carry out this section and sections 5303 and 5304 of 
this title for metropolitan areas not designated transportation 
management areas under this section.
    ``(2) The Secretary may not provide an abbreviated plan or program 
for a metropolitan area in a nonattainment area for ozone, carbon 
monoxide, or particulate matter under the Clean Air Act (42 U.S.C. 7401 
et seq.).''.
    (g) Section 5305 is amended by inserting after subsection (g) the 
following:
    ``(h) Transfer of Funds.--Funds made available under this chapter 
for a highway project shall be transferred to and administered by the 
Secretary in accordance with the requirements of title 23. Funds made 
available under title 23 for a mass transportation project shall be 
transferred to and administered by the Secretary in accordance with the 
requirements of this chapter. The provisions of title 23 regarding the 
non-Government share shall apply to title 23 funds used for mass 
transportation projects. The provisions of this chapter regarding the 
non-Government share shall apply to funds made available under this 
chapter that are used for highway projects.
    ``(i) Limitation on Statutory Authority.--Nothing in this section 
shall be construed to confer on a metropolitan planning organization 
the authority to impose legal requirements on any transportation 
facility, provider, or project not eligible under this chapter or title 
23.''.

SEC. 3007. STATEWIDE PLANNING.

    (a) Title 49 is amended by striking section 5306 and by inserting 
after section 5305 the following new section:
``Sec. 5306. Statewide planning
    ``(a) General Requirements.--To carry out section 5301(a) of this 
title in a fair and equitable manner, a State shall develop, subject to 
sections 5303-5305 of this title and section 134 of title 23, 
transportation plans and programs for all areas of the State. Such 
plans and programs shall provide for the development and integrated 
management and operation (excluding maintenance) 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 United States intermodal 
transportation system. The development process 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.
    ``(b) Scope of the Planning Process.--(1) Each State shall 
undertake a transportation planning process that shall at least 
consider transportation investment strategies that--
            ``(A) support the economic vitality of the United States, 
        its States and metropolitan areas, especially by enabling 
        global competitiveness, productivity, and efficiency;
            ``(B) increase the safety and security of the 
        transportation system;
            ``(C) increase the accessibility and mobility options 
        available to people and freight;
            ``(D) protect and enhance the environment, energy 
        conservation, and quality of life;
            ``(E) enhance the integration and connectivity of the 
        transportation system, across and between modes, for people and 
        freight;
            ``(F) promote efficient management and operation; and
            ``(G) emphasize the preservation of the existing 
        transportation system.
    ``(2) The State shall cooperatively determine with its planning 
partners how the considerations specified in paragraph (1) of this 
subsection are translated into State goals and objectives, and how they 
are factored into decision making.
    ``(3) In addition, each State in carrying out planning under this 
section shall consider the following:
            ``(A) The coordination of transportation plans, programs, 
        and planning activities developed and performed for 
        metropolitan areas of the State under sections 5303-5305 of 
        this title and section 134 of title 23 with the State 
        transportation plans, programs, and planning activities 
        developed and performed under this section and the 
        reconciliation of such plans and programs as necessary to 
        ensure connectivity within transportation systems and to ensure 
        that the requirements of the Clean Air Act (42 U.S.C. 7401 et 
        seq.) are met.
            ``(B) In non-metropolitan areas the concerns elected 
        officials from local governmental authorities having 
        jurisdiction over transportation.
            ``(C) The concerns of Indian tribal governments and Federal 
        Land Agencies having jurisdiction over lands within the 
        boundaries of the State.
    ``(c) Transportation Plan.--The State shall develop a 
transportation plan, with a minimum 20-year forecast period, for all 
areas of the State that provides for the development and implementation 
of the State's intermodal transportation system. With respect to 
metropolitan areas of the State, the plan shall be developed in 
cooperation with metropolitan planning organizations designated for 
metropolitan areas in the State under sections 5303-5305 of this title 
and section 134 of title 23. In non-metropolitan areas, the statewide 
plan shall be developed in consultation with elected officials from 
local governmental authorities with jurisdiction over transportation. 
With respect to areas of the State under the jurisdiction of an Indian 
tribal government, the plan shall be developed in cooperation with such 
government and the Secretary of the Interior. In developing the plan, 
the State 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 plan and shall identify 
transportation strategies necessary to efficiently serve the mobility 
needs of people, especially those without access to private motor 
vehicles.
    ``(d) State Transportation Improvement Program.--
            ``(1) Development.--The State shall develop a 
        transportation improvement program for all areas of the State. 
        With respect to a metropolitan area of the State, the program 
        shall be developed in cooperation with the metropolitan 
        planning organization designated for the metropolitan area 
        under sections 5303-5305 of this title and section 134 of title 
        23. In a non-metropolitan area, the program shall be developed 
        in consultation with elected officials from local governmental 
        authorities with jurisdiction over transportation. In 
        developing the program, the chief executive officer 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 transportation improvement 
        program for a State developed under this subsection shall 
        include surface transportation programs supported by the 
        Government within the boundaries of the State. All projects 
        shall be consistent with the transportation plan developed 
        under this section for the State, identical with an approved 
        metropolitan transportation improvement program, and in an area 
        designated as nonattainment for ozone, carbon monoxide, or 
        particulate matter under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) conform with the applicable State implementation plan 
        developed pursuant to the Clean Air Act. The program shall 
        include a project, or an identified phase of a project, only if 
        full financing can reasonably be anticipated to be available 
        for such project within the time period contemplated for 
        completion of the project. The program shall also reflect the 
        priorities for programming and expenditures of funds, including 
        transportation enhancements, required by this chapter.
            ``(3) Project selection for areas less than 50,000 
        population.--Projects undertaken in areas of less than 50,000 
        population shall be selected for advancement from the approved 
        State Transportation Improvement Program by the State in 
        cooperation with the officials from the affected local 
        governmental authorities.
            ``(4) Biennial review and approval.--A transportation 
        improvement program developed under this subsection shall be 
        reviewed and, upon a finding that the planning process through 
        which the program was developed is consistent with this section 
        and section 5303 of this title, approved no less frequently 
        than biennially by the Secretary.
    ``(e) Statewide Planning Grants.--The Secretary shall apportion 
funds made available under section 5338(d) of this title for statewide 
planning activities under this subsection, so that each State receives 
an amount equal to the population in urbanized areas in the State, 
divided by the population in urbanized areas in all States, as shown by 
the latest available decennial census. However, a State must receive at 
least 0.5 percent of the amount apportioned under this subsection.
    ``(f) Other Eligible Activities.--A State, as the State considers 
appropriate, may authorize part of the amount made available under 
subsection (e) of this section to be used to supplement amounts 
available under sections 5303(h)(2)(A) and 5313(a) of this title.
    ``(g) Period of Availability.--An amount apportioned under 
subsection (e) of this section remains available for 3 years after the 
fiscal year in which the amount is apportioned. An amount unobligated 
at the end of the 3-year period shall be reapportioned among the States 
for the next fiscal year.
    ``(h) Exclusion of Certain United States Territories.--This section 
does not apply to the Northern Mariana Islands, Guam, American Samoa, 
or the Virgin Islands.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5306 and inserting the 
following:

``5306. Statewide planning.''.

SEC. 3008. URBANIZED AREA FORMULA GRANTS.

    (a) The section heading for section 5307 is amended by striking 
``Block'' and inserting ``Urbanized area formula''.
    (b) Section 5307(a) is amended to read as follows:
    ``(a) Definitions.--In this section `designated recipient' means--
            ``(1) a person designated, consistent with the planning 
        process under sections 5303-5306 of this title, by the chief 
        executive officer of a State, responsible local officials, and 
        publicly owned operators of mass transportation to receive and 
        apportion amounts under section 5336 of this title that are 
        attributable to transportation management areas established 
        under section 5305(a) of this title; or
            ``(2) a State or regional authority if the authority is 
        responsible under the laws of a State for a capital project and 
        for financing and directly providing mass transportation.''.
    (c) General Authority.--Section 5307 is amended by striking 
subsection (b) and inserting the following:
    ``(b) General Authority.--(1) The Secretary of Transportation may 
make grants under this section for--
            ``(A) capital projects;
            ``(B) planning;
            ``(C) financing the operating costs of equipment and 
        facilities used in mass transportation in urbanized areas with 
        a population of less than 200,000;
            ``(D) the transportation cooperative research program under 
        section 5313(a) of this title;
            ``(E) university transportation centers under chapter 52 of 
        this title;
            ``(F) training;
            ``(G) research; or
            ``(H) technology transfer.
    ``(2) In a transportation management area designated under section 
5305(a) of this title, amounts that cannot be used to pay operating 
expenses under this section also are available for a highway project 
under title 23 but only if--
            ``(A) that use is approved by the metropolitan planning 
        organization under section 5303 of this title after appropriate 
        notice and an opportunity for comment and appeal is provided to 
        affected mass transportation providers;
            ``(B) the Secretary decides the amounts are not needed for 
        investment required by the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.); and
            ``(C) amounts used for the non-Government share of the 
        project are eligible to finance either a highway or mass 
        transportation project.''.
    (d) Section 5307 is amended by striking subsections (c), (e), (g), 
(h), (j), (k), and (n) and by redesignating subsections (d), (f), (i), 
(l), and (m) as subsections (c) through (g), respectively.
    (e) Redesignated section 5307(c)(1) is amended--
            (1) by striking ``program of projects'' and inserting 
        ``application describing projects selected from those included 
        in the State Transportation Improvement Program'';
            (2) by striking ``subsection (c) of this section'' and 
        inserting ``section 5305(d) of this title'';
            (3) by striking subparagraphs (A) through (C) and (E) 
        through (F) and by redesignating subparagraphs (D), (G), (H), 
        (I), and (J) as subparagraphs (A) through (E), respectively;
            (4) in redesignated subparagraph (B), by striking 
        ``subsection (e) of this section'' and inserting ``section 
        5328(a) of this title''; and
            (5) in redesignated subparagraph (C), by striking ``, 5303-
        5306, and 5310 (a)-(d)'' and inserting ``and 5303-5306''.
    (f) Redesignated section 5307(e) is amended--
            (1) in paragraph (1)(A)(i), by striking ``subsection (d) of 
        this section'' and inserting ``subsection (c) of this section 
        and sections 5323(j) and 5325 of this title''; and
            (2) in paragraph (2), by striking ``subsection (d)'' and 
        inserting ``subsection (c)''.
    (g) Redesignated section 5307(f) is amended by striking the third 
sentence.
    (h) Section 5307 is further amended by adding the following new 
paragraph after redesignated paragraph (g):
    ``(h) Relationship to Other Laws.--Sections 5302, 5318, 5323 
(a)(1), (d), and (e), 5332, and 5333 of this title apply to this 
section and to a grant made under this section. Except as provided in 
this section, no other provision of this chapter applies to this 
section or to a grant made under this section.''.
    (i) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5307 and inserting the 
following:

``5307. Urbanized area formula grants.''.

SEC. 3009. MASS TRANSIT ACCOUNT BLOCK GRANTS.

    (a) Title 49 is amended by striking section 5308.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5308.

SEC. 3010. MAJOR CAPITAL INVESTMENTS.

    (a) The heading for section 5309 is amended by striking 
``Discretionary grants and loans'' and inserting ``Major capital 
investments''.
    (b) Section 5309 is amended by striking subsection (a) and 
inserting the following:
    ``(a) General Authority.--(1) The Secretary of Transportation may 
make grants under this section to assist State and local governmental 
authorities in financing capital projects for new fixed guideway 
systems and extensions to existing fixed guideway systems.
    ``(2) The Secretary of Transportation shall require that a grant 
under this section shall be subject to all terms, conditions, 
requirements, and provisions the Secretary decides are necessary or 
appropriate for the purposes of this section, including requirements 
for the disposition of net increases in value of real property 
resulting from the project assisted under this section.
    ``(3) Funds made available under this section to a recipient under 
section 5311 of this title shall be administered in accordance with the 
requirements of section 5311 of this title.''
    (c) Section 5309 is further amended--
            (1) by striking subsections (b), (c), (h), (i), (j), (k), 
        (n), and (o);
            (2) by redesignating subsections (d), (e), (f), (g), and 
        (l) as subsections (b) through (f), respectively;
            (3) by striking subsections (m)(1), (m)(2), and (m)(4); and
            (4) by redesignating subsection (m)(3) as subsection (g) 
        and inserting the following new catchline: ``Report to 
        Congress.--''.
    (d) Redesignated section 5309(b) is amended--
            (1) by striking ``Program of Projects'' each place it 
        appears and inserting ``State Transportation Improvement 
        Program'' in each instance;
            (2) by striking ``(e) of this section'' and inserting ``(c) 
        of this section'';
            (3) by striking ``or loan''; and
            (4) by striking ``and that an applicant--'' and all that 
        follows and inserting a period.
    (e) The catchline for redesignated section 5309(c) is amended by 
striking ``and loans'' .
    (f) Redesignated section 5309(c) is amended--
            (1) in subparagraph (1)(A), by striking ``contract'' and 
        inserting ``grant agreement'' and by striking ``subsection 
        (g)'' and inserting ``subsection (e)'';
            (2) in paragraph (2), by striking ``or loan'';
            (3) in paragraph (3), by striking subparagraphs (A) and (B) 
        and redesignating subparagraphs (C) through (E) as 
        subparagraphs (A) through (C), respectively;
            (4) in redesignated subparagraph (3)(A), by striking 
        ``existing'';
            (5) in paragraph (6)(B), by striking ``decisions under this 
        subsection'' and inserting ``determinations under subparagraphs 
        (2) (B) and (C) of this subsection''; and
            (6) in paragraph (6)(C), by striking ``completely'' and 
        inserting ``substantially''.
    (g) Redesignated section 5309(d) is amended--
            (1) in paragraph (1), by striking ``or loan under 
        subsection (a)(5) of this section'' and substituting ``defined 
        under section 5302(a)(1)(K) of this title''; and
            (2) by striking subparagraphs (2) (A) and (B).
    (h) Redesignated section 5309(e)(4) is amended by striking 
``section 5338(a)'' and inserting ``section 5338(b)''.
    (i) Redesignated section 5309(f) is amended by striking 
``subsection (h) of this section'' and inserting ``section 5328(a) of 
this title''.
    (j) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5309 and inserting the 
following:

``5309. Major capital investments.''.

SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND 
              INDIVIDUALS WITH DISABILITIES.

    (a) The heading for section 5310 is amended by striking ``Grants 
and loans'' and substituting ``Formula grants''.
    (b) General Authority.--Section 5310 is amended by striking 
subsection (a) and inserting the following:
    ``(a) General Authority.--The Secretary of Transportation may make 
grants under this section to the chief executive officer of each State 
for allocation to--
            ``(1) private nonprofit corporations and associations to 
        help them provide mass transportation service for elderly 
        individuals and individuals with disabilities; or
            ``(2) governmental authorities--
                    ``(A) approved by the State to coordinate services 
                for elderly individuals and individuals with 
                disabilities; or
                    ``(B) that certify to the chief executive officer 
                that no nonprofit corporation or association readily is 
                available in an area to provide service under this 
                subsection.''.
    (c) Apportioning and Transferring Amounts.--Section 5310(b) is 
amended by striking ``remaining available for obligation at the 
beginning of the 90-day period before the end of the period of 
availability of the apportionment''.
    (d) Section 5310 is amended by striking subsection (e) and 
inserting the following:
    ``(e) Grant Requirements.--A grant under subsection (a) of this 
section is subject to requirements the Secretary considers 
appropriate.''; and by striking subsection (f) and redesignating 
subsections (g) through (j) as subsections (f) through (i).''.
    (e) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5310 and inserting the 
following:

``5310. Formula grants for special needs of elderly individuals and 
                            individuals with disabilities.''.

SEC. 3012. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.

    (a) The heading for section 5311 is amended by striking ``Financial 
assistance'' and substituting ``Formula program''.
    (b) The first sentence of section 5311(b)(1) is amended by striking 
``The Secretary of Transportation may make'' and substituting ``Ninety-
six percent of the funds provided in section 5336(b)(3) of this title 
are available to the Secretary of Transportation for''.
    (c) The first sentence of section 5311(b)(2) is amended by striking 
``The Secretary of Transportation shall'' and substituting ``Four 
percent of the funds provided in section 5336(b)(3) of this title are 
available to the Secretary of Transportation to''.
    (d) The first sentence of section 5311(c) is amended--
            (1) by striking ``section 5338(a)'' and inserting ``section 
        5336(b)(3)''; and
            (2) by striking ``as shown by the most recent'' and all 
        that follows, and inserting ``as shown by the latest available 
        Government census.''.
    (e) The second sentence of section 5311(c) is amended by striking 
``2'' and inserting ``3''.
    (f) Section 5311(e) is amended--
            (1) by inserting ``for the transportation cooperative 
        research program under section 5313(a) of this title,'' after 
        ``under this section'' ; and
            (2) by inserting ``training under section 5307(b)(1)(E) of 
        this title,'' after ``development''.
    (g) The catchline for subsection 5311(f) is amended by inserting 
``or rail'' after ``Bus''.
    (h) Section 5311(f) is amended by striking paragraph (2).
    (i) Section 5311(f)(1) is amended--
            (1) by striking the paragraph designation and the first 
        sentence;
            (2) by striking subparagraphs (B) and (C);
            (3) by redesignating subparagraphs (A), (D), and (E) as 
        paragraphs (1) through (3), respectively;
            (4) in redesignated paragraph (1), by inserting ``or rail'' 
        before ``transportation'';
            (5) in redesignated paragraph (2), by inserting ``bus or 
        rail'' before ``operating grants''; and
            (6) in redesignated paragraph (3), by inserting ``, rail, 
        or air'' after ``bus'' and before ``carriers''.
    (j) Section 5311 is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively;
            (3) by inserting a new subsection after redesignated 
        subsection (h) as follows:
    ``(i) Apportioning and Transferring Amounts.--A State apportionment 
is available to the chief executive officer of the State for transfer, 
to supplement amounts apportioned to the State under section 5310(b) or 
5336(a)(1) of this title.''
    (k) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5311 and inserting the 
following:

``5311. Formula program for other than urbanized areas.''.

SEC. 3013. NATIONAL RESEARCH PROGRAMS.

    (a) Title 49 is amended by striking section 5312 and by inserting 
after section 5311 the following new section:
``Sec. 5312. National research programs
    ``(a) Program.--(1) The amounts made available under section 
5338(e) of this title are available to the Secretary of Transportation 
for grants and contracts for the purposes of sections 5313-5315, 5318, 
and 5322 of this title, as the Secretary considers appropriate.
    ``(2) Of the amounts made available under paragraph (1) of this 
subsection, the Secretary shall make available at least $2,000,000 to 
provide mass transportation-related technical assistance, demonstration 
programs, research, public education, and other activities the 
Secretary considers appropriate, to help mass transportation providers 
comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.). To the extent practicable, the Secretary shall carry 
out this paragraph through a contract with a national nonprofit 
organization serving individuals with disabilities that has a 
demonstrated capacity to carry out the activities.
    ``(3) Not more than 25 percent of the amounts available under this 
subsection is available to the Secretary for special demonstration 
initiatives, subject to terms the Secretary considers consistent with 
this chapter, except that section 5323(a)(1)(D) of this title applies 
to an operational grant financed in carrying out section 5314(a) of 
this title. For a nonrenewable grant of not more than $100,000, the 
Secretary shall provide expedited procedures on complying with the 
requirements of this chapter.
    ``(4)(A) The Secretary may undertake a program of mass 
transportation technology development, demonstration, and deployment in 
coordination with affected entities.
    ``(B) The Secretary shall develop guidelines for cost sharing in 
technology development projects financed under this paragraph. The 
guidelines shall be flexible and reflect the extent of technical risk, 
market risk, and anticipated supplier benefits and payback periods.
    ``(5) The Secretary may use amounts appropriated under this 
subsection to supplement amounts available under section 5313(a) of 
this title, as the Secretary considers appropriate.
    ``(b) Government Share.--When there would be a clear and direct 
financial benefit to an entity under a grant or contract financed under 
subsection (a) of this section, the Secretary shall establish a United 
States Government share consistent with the benefit.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5312 and inserting the 
following:

``5312. National research programs.''.

SEC. 3014. TRANSIT COOPERATIVE RESEARCH PROGRAM.

    (a) The heading for section 5313 is amended by striking ``State 
planning and research programs'' and inserting ``Transit cooperative 
research program''.
    (b) Section 5313(a)(1) is amended--
            (1) by striking ``Fifty percent of the amounts made 
        available under section 5338(g)(3)'' and inserting ``Amounts 
        made available under section 5312''; and
            (2) by adding at the end of the second sentence ``, which 
        includes one member from the Federal Transit Administration''.
    (c) Section 5313 is amended by striking subsections (b) and (c).
    (d) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5313 and inserting the 
following:

``5313. Transit cooperative research program.''.

SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.

    (a) Title 49 is amended by striking section 5314 and by inserting 
after section 5313 the following new section:
``Sec. 5314. Research, development, demonstration, and training 
              projects
    ``(a) Research, Development, Demonstration, and Technical 
Assistance Projects.--(1) The Secretary of Transportation may 
undertake, or enter into grants, contracts, cooperative agreements or 
other agreements (including agreements with departments, agencies, 
instrumentalities of the United States Government) for research, 
development, testing, demonstration and technical assistance projects 
related to mass transportation, including introduction of new 
technology, deployment of innovations, and the evaluation of such 
projects. Eligible projects are those that the Secretary decides will 
help meet total mass transportation needs by--
            ``(A) improving service,
            ``(B) enhancing safety or security,
            ``(C) increasing capacity,
            ``(D) reducing costs of services, equipment or 
        infrastructure,
            ``(E) improving intermodal connections,
            ``(F) reducing the need for transportation,
            ``(G) overcoming institutional barriers,
            ``(H) disseminating technical information,
            ``(I) promoting applications of innovative technology, or
            ``(J) advancing knowledge of mass transportation to promote 
        social, economic or environmental improvements, regulatory 
        simplification, policy development, or greater efficiency.
    ``(2) The Secretary may request and receive appropriate information 
from any source.
    ``(3) This subsection does not limit the authority of the Secretary 
under another law.
    ``(b) Research, Investigations, and Training.--(1) The Secretary of 
Transportation may make grants to nonprofit institutions of higher 
learning--
            ``(A) to conduct competent research and investigations into 
        the theoretical or practical problems of urban transportation; 
        and
            ``(B) to train individuals to conduct further research or 
        obtain employment in an organization that plans, builds, 
        operates, or manages a mass transportation system.
    ``(2) Research and investigations under this subsection include--
            ``(A) the design, implementation, operation, and 
        maintenance of mass transportation systems and, roads and 
        highways;
            ``(B) the interrelationship between various modes of urban 
        and interurban transportation;
            ``(C) the role of transportation planning in overall 
        community planning;
            ``(D) public preferences in transportation;
            ``(E) the economic allocation of transportation resources; 
        and
            ``(F) the legal, financial, engineering, environmental and 
        esthetic aspects of mass transportation.
    ``(3) When making a grant under this subsection, the Secretary 
shall give preference to an institution that brings together knowledge 
and expertise in the various social science and technical disciplines 
related to mass transportation problems.
    ``(c) Training Fellowships and Innovative Techniques and Methods.--
(1) The Secretary of Transportation may make grants to States, local 
governmental authorities, and operators of mass transportation systems 
to provide fellowships to train personnel employed in managerial, 
technical, and professional positions in the mass transportation field.
    ``(2) The Secretary of Transportation may make grants to State and 
local governmental authorities for projects that will use innovative 
techniques and methods in planning, engineering, designing, 
implementing, operating, and maintaining mass transportation.
    ``(3) A fellowship under this subsection may be for not more than 
one year of training in an institution that offers a program applicable 
to the mass transportation industry. The recipient of the grant shall 
select an individual on the basis of demonstrated ability and for the 
contribution the individual reasonably can be expected to make to an 
efficient mass transportation system. A grant for a fellowship may not 
be more than the lesser of $24,000 or 75 percent of--
            ``(A) tuition and other charges to the fellowship 
        recipient;
            ``(B) additional costs incurred by the training institution 
        and billed to the grant recipient; and
            ``(C) the regular salary of the fellowship recipient for 
        the period of the fellowship to the extent the salary is 
        actually paid or reimbursed by the grant recipient.
    ``(d) Joint Partnership Program for Deployment of Innovation.--(1) 
In this subsection ``consortium'' means one or more public or private 
organizations located in the United States which provide mass 
transportation service to the public and one or more businesses, 
including small and medium-sized businesses, incorporated in a State, 
offering goods or services or willing to offer goods and services to 
mass transportation operators. It may include as additional members 
public or private research organizations located in the United States, 
or State or local governmental authorities.
    ``(2) The Secretary may, under terms and conditions the Secretary 
prescribes, enter into grants, contracts, cooperative agreements, and 
other agreements with consortia selected in accordance with paragraph 
(4) of this subsection, to promote the early deployment of innovation 
in mass transportation technology, services, management or operational 
practices. The program will be carried out in consultation with the 
transit industry by competitively selected public/private partnerships 
which will share costs, risks and rewards of early deployment of 
innovation with broad applicability.
    ``(3) The consortium shall provide at least 50 percent of the costs 
of any joint partnership project. Any business, organization, person, 
or governmental body may contribute funds to a joint partnership 
project.
    ``(4) The Secretary shall periodically give public notice of the 
technical areas for which joint partnerships are solicited, required 
qualifications of consortia desiring to participate, the method of 
selection and evaluation criteria to be used in selecting participating 
consortia and projects, and the process by which projects will be 
awarded.
    ``(5) The Secretary may accept a portion of the revenues resulting 
from sales of an innovation supported under this section, to be 
credited to the Mass Transit Account of the Highway Trust Fund and used 
for joint partnership projects.
    ``(e) International Mass Transportation Program.--(1) The Secretary 
is authorized to engage in activities to inform the United States 
domestic mass transportation community about technological innovations 
available in the international marketplace, and activities that may 
afford domestic businesses the opportunity to become globally 
competitive in the export of mass transportation products and services. 
These activities may include--
            ``(A) development, monitoring, assessment, and 
        dissemination domestically of information about world-wide mass 
        transportation market opportunities;
            ``(B) cooperation with foreign public-sector entities in 
        research, development, demonstration, training, and other forms 
        of technology transfer and exchange of experts and information;
            ``(C) advocacy, in international mass transportation 
        markets, of firms, products and services available from the 
        United States;
            ``(D) informing the international market about the 
        technical quality of mass transportation products and services 
        through participation in seminars, expositions, and similar 
        activities; and
            ``(E) offering those Federal Transit Administration 
        technical services which cannot be readily obtained from the 
        United States private sector to foreign public authorities 
        planning or undertaking mass transportation projects if the 
        costs of these services will be recovered under the terms of 
        each project, unless the Secretary determines that it is in the 
        national interest not to recover such costs.
    ``(2) The Secretary may carry out the activities of this section in 
cooperation with other United States Government agencies, State or 
local agencies, public and private non-profit institutions, government 
laboratories, foreign governments or any other organization the 
Secretary determines is appropriate.
    ``(3) The funds available to carry out this section shall include 
funds deposited in a special account with the Secretary of the Treasury 
for such purposes by any cooperating organization or person. The funds 
shall be available for promotional materials, travel, reception and 
representation expenses necessary to carry; out the activities 
authorized by this section. Reimbursements for services provided under 
this section shall be credited to the appropriation concerned.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5314 and inserting the 
following:

``5314. Research, development, demonstration, and training projects.''.

SEC. 3016. NATIONAL TRANSIT INSTITUTE.

    (a) The heading of section 5315 is amended by striking ``mass 
transportation'' and inserting ``transit''.
    (b) Section 5315(a) is amended by striking ``national mass 
transportation institute'' and inserting ``national transit 
institute''.
    (c) Establishment and Duties.--Section 5315(a) is further amended--
            (1) in paragraph (5), by inserting ``and architectural 
        design'' after ``engineering'';
            (2) in paragraph (7), by striking ``carrying out'' and 
        inserting ``delivering'';
            (3) in paragraph (11), by inserting ``, construction 
        management, insurance, and risk management'' after 
        ``construction'';
            (4) in paragraph (13), by striking ``and'';
            (5) in paragraph (14), by striking the period and inserting 
        ``; or''; and
            (6) by adding after paragraph (14) the following:
            ``(15) innovative finance.''.
    (d) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5315 and inserting the 
following:

``5315. National transit institute.''.

SEC. 3017. UNIVERSITY RESEARCH INSTITUTES.

    (a) Title 49 is amended by striking section 5316.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5316.

SEC. 3018. TRANSPORTATION CENTERS.

    (a) Title 49 is amended by striking section 5317.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5317.

SEC. 3019. BUS TESTING FACILITY.

    (a) Section 5318(b) is amended to read as follows:
    ``(b) Operation and Maintenance.--The Secretary shall make a 
contract with or issue a grant or cooperative agreement to a qualified 
person or organization to operate and maintain the facility. The 
contract, grant, or cooperative agreement may provide for the testing 
of rail cars and other mass transportation vehicles at the facility.''.
    (b) The first sentence of section 5318(d) is amended--
            (1) by striking ``section 5338(j)(5)'' and inserting 
        ``section 5312''; and
            (2) by inserting ``, grant, or cooperative agreement'' 
        after ``contract''.

SEC. 3020. ADVANCE CONSTRUCTION AUTHORITY.

    (a) Title 49 is amended by striking section 5319 and by inserting 
after section 5318 the following new section:
``Sec. 5319. Advance construction authority
    ``(a) Undertaking Projects in Advance.--(1) The Secretary of 
Transportation may pay the Government's share of the net project cost 
to a State or local governmental authority that carries out any part of 
a project under this chapter without the aid of amounts of the 
Government and according to all applicable procedures and requirements 
if--
            ``(A) the State or local governmental authority applies for 
        the payment;
            ``(B) the Secretary approves the payment; and
            ``(C) before carrying out the part of the project, the 
        Secretary approves the plans and specifications for the part in 
        the same way as for other projects under this chapter.
    ``(2) The cost of carrying out part of a project includes the 
amount of interest earned and payable on bonds issued by the State or 
local governmental authority to the extent proceeds of the bonds are 
expended in carrying out the part. However, the amount of interest 
under this paragraph may not be more than the most favorable interest 
terms reasonably available for the project at the time of borrowing. 
The applicant shall certify, in a way satisfactory to the Secretary of 
Transportation, that the applicant has shown reasonable diligence in 
seeking the most favorable financial terms.
    ``(b) Preaward Authority To Incur Project Costs.--(1) The Secretary 
may allow a recipient of funding under this chapter to incur costs on a 
capital project or planning project without prejudice to future 
Government participation in the cost of the project when the 
recipient--
            ``(A) complies with the procedural and contractual 
        requirements established by the Secretary;
            ``(B) complies with the requirements established by law to 
        carry out the project; and
            ``(C) does not prejudice the legal and administrative 
        findings which the Secretary must make to approve a project.
    ``(2) Local funds expended by the recipient under this chapter 
after the date of apportionment of the funds from which the Government 
is participating in a project may be credited toward the recipient's 
local match or reimbursement.''.
    (b) Conforming Amendment.--The analysis of chapter 53 is amended by 
striking the item related to section 5319 and inserting the following:

``5319.  Advance construction authority.''.

SEC. 3021. ACCESS TO JOBS AND TRAINING.

    (a) Title 49 is amended by striking section 5320 and inserting 
after section 5319 the following new section:
``Sec. 5320. Access to jobs and training
    ``(a) General Authority.--The Secretary of Transportation may make 
grants under this subsection to assist States, local governmental 
authorities, and private non-profit organizations in financing 
transportation services to transport economically disadvantaged persons 
to jobs and activities related to employment. The Secretary shall 
coordinate activities under this section with related activities under 
programs of other United States agencies.
    ``(b) Grant Criteria.--In making grants under this subsection, the 
Secretary shall consider the following:
            ``(1) the severity of the welfare transportation problem as 
        measured by the percentage of the population on welfare;
            ``(2) the need for additional services to transport 
        economically disadvantaged persons to specified jobs, training 
        and other employment support services, and the extent to which 
        proposed services will address these needs;
            ``(3) the existence of or willingness to establish a 
        mechanism to coordinate transportation and human resource 
        services planning;
            ``(4) the applicant's qualifications and performance under 
        other welfare reform initiatives;
            ``(5) the extent to which the local share demonstrates a 
        financial partnership with a human resource agency; and
            ``(6) the applicant's program proposal, which must--
                    ``(A) address a comprehensive assessment of access 
                to work transportation needs and possible new service 
                strategies;
                    ``(B) address the coordination of existing service 
                providers and possible new service strategies;
                    ``(C) address the promotion of employer-provided 
                transportation services; and
                    ``(D) address long-term financing strategies to 
                support the program.
    ``(c) Eligible Projects.--The Secretary may make grants for--
            ``(1) integrating transportation and welfare planning, 
        including collaborative planning to assess employment needs and 
        strategies;
            ``(2) coordinating mass transportation providers with human 
        service transportation providers, and with providers of 
        employment support services;
            ``(3) the operating and capital costs of service start-up;
            ``(4) promoting employer-provided transportation;
            ``(5) developing financing strategies; and
            ``(6) administrative costs.
    ``(d) Technical Assistance.--The Secretary may make grants or enter 
into cooperative agreements or contracts for the provision of technical 
assistance to recipients under this section and to provide for the 
evaluation of projects funded under this section.
    ``(e) Government's Share of Costs.--Other than projects funded 
under subsection (d) of this section, the Government's share of the 
costs for a project under this section shall not exceed 50 percent of 
the net project cost. The remainder shall be provided in cash from 
sources other than revenues from providing mass transportation. 
Notwithstanding any other provision of law, the funds appropriated to 
any United States human services agency may be used toward the 
nongovernment share payable on a project under this section.
    ``(f) Planning Requirements.--The requirements of sections 5303-
5306 of this title apply to grants made under this subsection. The 
projects financed must be part of a coordinated public transit/human 
services transportation planning process.
    ``(g) Grant Requirements.--A grant under this subsection is subject 
to terms and conditions as determined by the Secretary.
    ``(h) Availability of Amounts.--Amounts made available under this 
subsection remain available for 3 years after the fiscal year in which 
the amount is made available. An amount not obligated at the end of the 
3-year period, shall be added to the amount that may be apportioned 
under section 5336(a) of this title in the next fiscal year.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5320 and inserting the 
following:

``5320. Access to jobs and training.''.

SEC. 3022. CRIME PREVENTION AND SECURITY.

    (a) Title 49 is amended by striking section 5321.
    (b) Conforming Amendment.--The analysis for chapter 53 of such 
title is amended by striking the item related to section 5321.

SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.

    (a) Interests in Property.--Section 5323(a)(1) is amended--
            (1) in subparagraph (A), by striking ``program of 
        projects'' and inserting ``Transportation Improvement 
        Program''; and
            (2) in subparagraph (D), by inserting ``under 5307 (except 
        planning), 5309, 5311, 5313 (for operational activities only), 
        5314, and 5320 (except planning) of this title,'' before 
        ``complies''.
    (b) The catchline for section 5323(b) is amended by striking 
``Notice and public hearing'' and inserting ``Social, economic, and 
environmental interests''.
    (c) Social, Economic, and Environmental Interests.--Section 5323(b) 
is amended by striking paragraph (2) and inserting the following:
            ``(2)(A) The Secretary of Transportation may approve an 
        application for financial assistance under this chapter only if 
        the Secretary makes written findings, after reviewing the 
        application and the results of any hearings held before a State 
        or local governmental authority under paragraph (b)(1) of this 
        section, that--
                    ``(i) an adequate opportunity to present views was 
                given to all parties with a significant economic, 
                social, or environmental interest;
                    ``(ii) the preservation and enhancement of the 
                environment, and the interest of the community in which 
                a project is located, were considered; and
                    ``(iii) no adverse environmental effect is likely 
                to result from the project, or no feasible and prudent 
                alternative to the effect exists and all reasonable 
                steps have been taken to minimize the effect.
            ``(B) A finding of the Secretary of Transportation under 
        subparagraph (A) of this paragraph shall be made a matter of 
        public record.''.
    (d) The catchline for section 5323(d) is amended by striking 
``Buying and operating buses'' and inserting ``Charter bus 
limitation''.
    (e) The first sentence of section 5323(d) is amended by striking 
``this chapter'' and inserting ``section 5307, 5309, or 5311 of this 
title''.
    (f) Section 5323 is amended--
            (1) by striking subsections (e), (i), (k), and (l); and
            (2) by redesignating subsections (f), (g), (h), and (j) as 
        subsections (e) through (h), respectively.
    (g) Redesignated section 5323(e) is amended by striking ``this 
chapter'' and inserting ``section 5307, 5309, or 5311 of this title''.
    (h) The second sentence of redesignated section 5323(f) is 
amended--
            (1) by striking ``and (f)'' and inserting ``and (e)''; and
            (2) by striking ``subsection (f)(1)(C)'' and inserting 
        ``subsection (e)(1)(C)''.
    (i) Redesignated section 5323(h) is amended by striking paragraph 
(7).
    (j) Section 5323 is amended by adding after redesignated paragraph 
(h) the following:
    ``(i) Submission of Certifications.--(1) A certification required 
under this chapter and any additional certification or assurance 
required by law or regulation to be submitted to the Secretary may be 
consolidated into a single document to be submitted annually as part of 
a grant application under this chapter. The Secretary shall publish 
annually a list of all certifications required under this chapter with 
the publication required under section 5336(g)(2) of this title.
    ``(2) Section 1001 of title 18 applies to a certificate or 
submission under this chapter. The Secretary may end a grant under this 
chapter and seek reimbursement, directly or by offsetting amounts 
available under section 5336 of this title, when a false or fraudulent 
statement or related act within the meaning of section 1001 is made in 
connection with a certification or submission.
    ``(j) Legal, Financial, and Technical Capacity.--A recipient of 
financial assistance under this chapter must certify that it--
            ``(1) has or will have the legal, financial, and technical 
        capacity to carry out the project, satisfactory continuing 
        control over the use of equipment or facilities, and the 
        capability to maintain the equipment or facilities; and
            ``(2) will maintain the equipment or facilities.
    ``(k) Private Enterprise Participation.--(1) A plan or program 
required by sections 5303-5306 of this title shall encourage to the 
maximum extent feasible the participation of private enterprise. If 
equipment or a facility already being used in an urban area is to be 
acquired under this chapter, the program shall provide that it be 
improved so that it will better serve the transportation needs of the 
area.
    ``(2) Sections 5303-5306 of this title do not authorize--
            ``(A) a metropolitan planning organization to impose a 
        legal requirement on a transportation facility, provider, or 
        project not eligible under this chapter or title 23; and
            ``(B) intervention in the management of a transportation 
        authority.''.

SEC. 3024. ACQUISITION OF REAL PROPERTY OWNED BY THE GOVERNMENT.

    (a) Title 49 is amended by striking section 5324 and by inserting 
after section 5323 the following new section:
``Sec. 5324. Acquisition of real property owned by the Government
    ``(a) Filing.--If the Secretary determines that any part of the 
surplus lands or interests in lands owned by the United States, other 
than military installations, is reasonably necessary for a transit 
purpose or as a source of materials for the construction or maintenance 
of a transit facility adjacent to such lands or interests in lands, the 
Secretary shall file with the Secretary of the Department supervising 
the administration of such lands or interests in lands a map showing 
the portion of such lands or interests in lands which it is desired to 
appropriate.
    ``(b) Certification and Transfer.--If within a period of six months 
after such filing, the Secretary of such Department shall not have 
certified to the Secretary that the proposed appropriation of such land 
or material is inappropriate, then such land and materials may be 
appropriated and transferred to the transit provider, or its nominee, 
for such purposes and subject to the conditions so specified.
    ``(c) Disposition.--If at any time the need for any such lands or 
materials for such purposes shall no longer exist, notice of the fact 
shall be given by the transit provider to the Secretary, who shall 
request disposition instructions from the Secretary of the Department 
from which the lands or materials have been appropriated.''.
    (b) Conforming Amendments.--The analysis for chapter 53 is amended 
by striking the item related to section 5324 and inserting the 
following:

``5324. Acquisition of real property owned by the Government.''.

SEC. 3025. CONTRACT REQUIREMENTS.

    (a) Section 5325 is amended by striking subsections (a) through (d) 
and inserting the following:
    ``(a) Competitive Procurement Methods.--Except when inconsistent 
with this chapter, a recipient of financial assistance under this 
chapter shall use competitive procurement methods.
    ``(b) Competitive Negotiation.--(1) When the sealed bid procurement 
process is not suitable for a procurement, a recipient of financial 
assistance under this chapter shall use the competitive negotiation 
procurement process.
    ``(2) Architectural, Engineering, and Design Contracts.--A contract 
for program management, construction management, a feasibility study, 
and preliminary engineering, design, architectural, engineering, 
surveying, mapping, or related services for a project for which a grant 
or loan is made under this chapter shall be awarded in the same way as 
a contract for architectural and engineering services is negotiated 
under title IX of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based 
requirement of a State. This subsection does not apply to the extent a 
State has adopted or adopts by law a formal procedure for procuring 
those services.
    ``(c) Noncompetitive Procurements.--A contract for which a grant is 
made under this chapter, if the contract is not made through 
competitive methods, shall provide that records related to the contract 
shall be made available to the Secretary of Transportation and the 
Comptroller General, or an officer or employee of the Secretary or 
Comptroller General, when conducting an audit and inspection.''.

SEC. 3026. SPECIAL PROCUREMENTS.

    (a) Section 5326 is amended by striking subsection (a) and 
inserting the following:
    ``(a) Turnkey System Projects.--(1) In this subsection, ``turnkey 
system project'' means a project under which a recipient makes a 
contract with a seller, firm, or consortium of firms to acquire a mass 
transportation system or an operable segment that meets specific 
performance criteria. The contract shall obligate the seller to design 
and build, with an option to finance and/or operate for a period of 
time, the system or segment of the system, or any combination of these.
    ``(2) To advance new technologies and lower the cost of a capital 
project for a new mass transportation system or an operable segment of 
a new mass transportation system, the Secretary of Transportation shall 
allow solicitation for a turnkey system project to be financed under 
this chapter based on a two-phased procurement process, qualification 
followed by competitive selection, and where participation of small- 
and medium-sized businesses is encouraged in joint ventures or 
consortia established with large firms.''.
    (b) Section 5326 is amended by striking subsection (c) and 
inserting the following:
    ``(c) Acquiring Rolling Stock.--A recipient of financial assistance 
of the United States Government under this chapter may make a contract 
to expend that assistance to acquire rolling stock--
            ``(1) based on--
                    ``(A) initial capital costs; or
                    ``(B) performance, standardization, life cycle 
                costs, and other factors; or
            ``(2) with a party selected through a competitive 
        procurement process.
    ``(d) Procuring Spare Parts.--A recipient of a grant under this 
chapter that is procuring spare parts may make a contract directly with 
the original manufacturer or supplier of the item to be replaced, 
without receiving prior approval of the Secretary, if the recipient 
first certifies in writing to the Secretary that--
            ``(1) the manufacturer or supplier is the only source for 
        the item; and
            ``(2) the price of the item is no more than the price 
        similar customers pay for the item.
    ``(e) Efficient Procurement.--A recipient may award a procurement 
contract under this chapter to other than the lowest bidder when the 
award furthers an objective consistent with the purposes of this 
chapter, including improved long-term operating efficiency and lower 
long-term costs.''.

SEC. 3027. OVERSIGHT.

    (a) The heading for section 5327 is amended by striking ``Project 
management oversight'' and inserting ``Oversight''.
    (b) Paragraphs 5327(c) (1) and (2) are amended to read as follows:
    ``(c) Limitations on Use of Available Amounts.--(1) The Secretary 
may use not more than .75 percent of amounts made available for a 
fiscal year to carry out section 5307 or 5309 of this title, an 
interstate transfer mass transportation project under section 103(e)(4) 
of title 23 as in effect on September 30, 1991, or a project under the 
National Capital Transportation Act of 1969 (Public Law 91-143, 83 
Stat. 320) (the Act) to make a contract to oversee the construction of 
a major project under section 5307 or 5309 of this title, section 
103(e)(4) of title 23, of the Act.
    ``(2) The Secretary may use amounts available under paragraph (1) 
of this subsection to contract with any person to provide for safety, 
procurement, management, and financial compliance reviews, and audits 
of a recipient of amounts under this chapter and to provide technical 
assistance to correct deficiencies identified in compliance reviews and 
audits made under this section. Subsections (a), (b), and (e) of this 
section do not apply to contracts under this paragraph.''.
    (c) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5327 and inserting the 
following:

``5327. Oversight.''.

SEC. 3028. GOVERNMENT'S SHARE OF COSTS.

    (a) Title 49 is amended by striking section 5328 and by inserting 
after section 5327 the following new section:
``Sec. 5328. Government's share of costs
    ``(a) Capital Projects.--
            ``(1) Government's share.--The United States Government's 
        share of costs for capital projects under sections 5307, 5309, 
        5310, and 5311 of this title is 80 percent of the net project 
        cost of a project, except that--
                    ``(A) the Government's share for a bicycle 
                facility, under section 5302(a)(1)(O) of this title, is 
                90 percent of the cost of the project; and
                    ``(B) the Government's share of the costs for a 
                capital project that involves acquiring vehicle-related 
                equipment required by the Clean Air Act (42 U.S.C. 7401 
                et seq.) or the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.) is 90 percent of the net 
                project cost of the equipment that is attributable to 
                complying with those Acts. The Secretary of 
                Transportation, through practicable administrative 
                procedures, may determine the costs attributable to 
                that equipment.
            ``(2) Local match.--The remainder of the net project cost 
        shall be provided in cash from sources other than amounts of 
        the Government or revenues from providing mass transportation 
        (excluding revenues derived from the sale of advertising and 
        concessions that are more than the amount of those revenues in 
        the fiscal year that ended September 30, 1985, and proceeds 
        from revenue bonds), cash, and in-kind contributions. Transit 
        system amounts that make up the remainder shall be from an 
        undistributed cash surplus, a replacement or depreciation cash 
        fund or reserve, or new capital.
            ``(3) Additional local match.--A recipient may provide 
        additional local matching amounts.
    ``(b) Operating Expenses.--
            ``(1) Government's share.--The Government's share of costs 
        for operating expenses under section 5302(a)(1)(R), 5307, or 
        5311 of this title may not be more than 50 percent of the net 
        project cost of the project.
            ``(2) Local match.--At least 50 percent of the remainder 
        shall be provided in cash from sources other than amounts of 
        the Government or revenues from providing mass transportation. 
        Transit system amounts that make up the remainder shall be from 
        an undistributed cash surplus, a replacement or depreciation 
        cash fund or reserve, or new capital. In this paragraph, 
        `amounts of the Government or revenues' do not include amounts 
        received under a service agreement with a State or local social 
        service agency or a private social service organization.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5328 and inserting the 
following:

``5328. Government's share of costs.''.

SEC. 3029. INVESTIGATION OF SAFETY HAZARDS.

    (a) Section 5329 is amended--
            (1) by striking the designation and catchline of subsection 
        (a); and
            (2) by striking subsection (b).

SEC. 3030. NONDISCRIMINATION.

    (a) Section 5332(b) is amended--
            (1) by striking ``creed'' and inserting ``religion''; and
            (2) by striking ``or age'' and inserting ``age, or 
        disability''.

SEC. 3031. LABOR STANDARDS.

    Section 5333(b) is amended by striking ``5307-5312, 5318(d), 5323 
(a)(1), (b), (d), and (e), 5328, 5337, and 5338(j)(5)'' each place it 
appears and inserting ``5307 (except planning), 5309, 5311, 5313 (for 
operational activities only), 5314, and 5320 (except planning)'' in 
each instance.

SEC. 3032. ADMINISTRATIVE.

    (a) General Authority.--Section 5334(a) is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(10) charge amounts to cover the costs of training or 
        conferences, including promotional materials, sponsored by the 
        Federal Transit Administration to promote mass transportation, 
        which shall be credited to the appropriation concerned; and
            ``(11) perform by contract or otherwise, engineering or 
        other services in connection with capital projects for States, 
        local governmental authorities, recipients of funding under 
        this chapter, or cooperating foreign countries, and 
        reimbursement for such services, which may include depreciation 
        on engineering and construction equipment used, shall be 
        credited to the appropriation concerned.''.
    (b) Section 5334(b)(4) is amended by striking ``(except subsections 
(h) and (i)) and sections 5323 (a)(2), (c) and (e), 5324(c),'' and 
inserting ``(except subsection (h)) and sections 5323 (a)(2) and 
(c),''.
    (c) Section 5334 is amended by striking subsection (g) and 
inserting the following:
    ``(g) Transfer of Assets No Longer Needed.--When facilities, 
equipment, and other assets (including real property) acquired with 
assistance under this chapter are no longer needed for purposes as 
determined under the grant agreement, the Secretary may authorize the 
sale or transfer of the assets under conditions determined by the 
Secretary. The Government share of the net income from the revenues 
obtained by a recipient of funding under this chapter for sales, uses, 
leases (including lease renewals) under this subsection shall be used 
by the recipient for projects eligible under this chapter or under 
title 23.''.
    (d) Section 5334 is further amended--
            (1) by striking subsection (i);
            (2) by redesignating subsection (j) as subsection (i); and
            (3) by adding after redesignated subsection (i) the 
        following:
    ``(j) Prohibitions Against Regulating Operations and Charges.--The 
Secretary of Transportation may not regulate the operation of a mass 
transportation system for which a grant is made under this chapter and, 
after a grant is made, may not regulate any charge for the system. 
However, the Secretary may require the local governmental authority, 
corporation, or association to comply with any undertaking provided by 
it related to its grant application.
    ``(k) Test and Evaluation.--With respect to mass transportation, 
the Secretary may test, develop, or assist in testing and developing 
any material, invention, patented article, or process. Except for the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
section 5333 of this title, the Secretary may apply the requirements of 
this chapter as the Secretary considers appropriate.''.

SEC. 3033. REPORTS AND AUDITS.

    (a) The catchline for section 5335(a) is amended by striking 
``Reporting System and Uniform System of Accounts and Records'' and 
inserting ``National Transit Database''.
    (b) Section 5335(a)(1) is amended--
            (1) by striking the paragraph designation;
            (2) by striking ``by uniform categories'' and inserting 
        ``using uniform categories'';
            (3) by inserting ``using'' after ``information and'' and 
        before ``a uniform system''; and
            (4) by striking ``and records''.
    (c) Section 5335(a)(2) is amended by striking the paragraph 
designation and inserting the following:
    ``(b) Inclusion of Grant Recipients in Database.--''.
    (d) Section 5335 is amended by striking subsections (b) through 
(d).

SEC. 3034. APPORTIONMENT OF FORMULA GRANTS.

    (a) The heading of section 5336 is amended by striking ``block'' 
and inserting ``formula''.
    (b) Section 5336 is amended by striking subsections (a) through (d) 
and substituting the following:
    ``(a) Access to Jobs and Training.--Of the amounts made available 
under section 5338(a) of this title for formula grants, $100,000,000 
shall be available for section 5320 of this title in each fiscal year 
ending September 30, 1998-2003.
    ``(b) Allocation for Urbanized Area, Other Than Urbanized Area, 
Special Needs of Elderly Individual and Individuals With Disabilities 
Formula Programs.--Of the amounts remaining after funds are made 
available in accordance with subsection (a) of this section--
            ``(1) 94.5 percent is available to finance programs and 
        activities under section 5307 of this title;
            ``(2) 1.75 percent is available to finance programs and 
        activities under section 5310 of this title; and
            ``(3) 3.75 percent is available to finance programs and 
        activities under section 5311 of this title.
    ``(c) Fixed Guideway Tier.--Of the funds made available in 
accordance with subsection (b)(1) of this section, an amount equal to 
an amount available for section 5309 of this title shall be apportioned 
for each of the fiscal years ending September 30, 1998-2003, as 
follows:
            ``(1) The first $455,000,000 shall be apportioned in the 
        following urbanized areas as follows:
                    ``(A) Baltimore, 1.84 percent.
                    ``(B) Boston, 8.56 percent.
                    ``(C) Chicago/Northwestern Indiana, 17.18 percent.
                    ``(D) Cleveland, 2.09 percent.
                    ``(E) New York, 35.57 percent.
                    ``(F) Northeastern New Jersey, 9.04 percent.
                    ``(G) Philadelphia/Southern New Jersey, 12.41 
                percent.
                    ``(H) San Francisco, 7.21 percent.
                    ``(I) Southwestern Connecticut, 6.10 percent.
            ``(2) The next $42,700,000 shall be apportioned in the 
        following urbanized areas as follows:
                    ``(A) New York, 33.2341 percent.
                    ``(B) Northeastern New Jersey, 22.1842 percent.
                    ``(C) Philadelphia/Southern New Jersey, 5.7594 
                percent.
                    ``(D) San Francisco, 2.7730 percent.
                    ``(E) Pittsburgh, 31.9964 percent.
                    ``(F) New Orleans, 4.0529 percent.
            ``(3) The next $70,000,000 shall be apportioned as follows:
                    ``(A) 50 percent in the urbanized areas listed in 
                paragraphs (1) and (2) as provided in section 
                5336(d)(1) of this title.
                    ``(B) 50 percent in other urbanized areas eligible 
                for assistance under section 5336(d)(1) of this title 
                if the areas contain fixed guideway systems placed in 
                revenue service at least 7 years before the fiscal year 
                in which amounts are made available and in any other 
                urbanized area if, before the first day of the fiscal 
                year, the area satisfies the Secretary that the area 
                has modernization needs that cannot be met adequately 
                with amounts received as provided in section 5336(d)(1) 
                of this title.
            ``(4) Remaining amounts shall be apportioned in each 
        urbanized area eligible for assistance under paragraphs (1)-(3) 
        of this subsection as provided in section 5336(b)(2)(A) of this 
        title.
    ``(d) Urbanized Areas Less Than 200,000 in Population.--Of the 
funds remaining after funds are apportioned in accordance with 
subsection (c) of this section, 9.32 percent shall be apportioned each 
fiscal year only in urbanized areas with a population of less than 
200,000 so that each of those areas is entitled to receive an amount 
equal to--
            ``(1) 50 percent of the total amount apportioned multiplied 
        by a ratio equal to the population of the area divided by the 
        total population of all urbanized areas with populations of 
        less than 200,000 as shown in the latest United States 
        Government census; and
            ``(2) 50 percent of the total amount apportioned multiplied 
        by a ratio for the area based on population weighted by a 
        factor, established by the Secretary of Transportation, of the 
        number of inhabitants in each square mile; and
    ``(e) Urbanized Areas at Least 200,000 in Population.--Of the funds 
remaining after funds are apportioned in accordance with subsection (c) 
of this section, 90.68 percent shall be apportioned each fiscal year 
only in urbanized areas with populations of at least 200,000 as 
follows:
            ``(1) Based on fixed guideway revenue vehicle-miles, route-
        miles, and passenger miles.--
                    ``(A) In this subsection, `fixed guideway revenue 
                vehicle-miles' and `fixed guideway route-miles' include 
                ferry boat operations directly or under contract by the 
                designated recipient.
                    ``(B) Of the amount apportioned under subsection 
                (a)(3) of this section, 33.29 percent shall be 
                apportioned as follows:
                            ``(i) 95.61 percent of the total amount 
                        apportioned under this clause shall be 
                        apportioned so that each urbanized area with a 
                        population of at least 200,000 is entitled to 
                        receive an amount equal to--
                                    ``(I) 60 percent of the 95.61 
                                percent apportioned under this 
                                subclause multiplied by a ratio equal 
                                to the number of fixed guideway revenue 
                                vehicle-miles attributable to the area, 
                                as established by the Secretary of 
                                Transportation, divided by the total 
                                number of all fixed guideway revenue 
                                vehicle-miles attributable to all 
                                areas; and
                                    ``(II) 40 percent of the 95.61 
                                percent apportioned under this 
                                subclause multiplied by a ratio equal 
                                to the number of fixed guideway route-
                                miles attributable to the area, 
                                established by the Secretary, divided 
                                by the total number of all fixed 
                                guideway route-miles attributable to 
                                all areas. An urbanized area with a 
                                population of at least 750,000 in which 
                                commuter rail transportation is 
                                provided shall receive at least .75 
                                percent of the total amount apportioned 
                                under this subclause.
                            ``(ii) 4.39 percent of the total amount 
                        apportioned under this clause shall be 
                        apportioned so that each urbanized area with a 
                        population of at least 200,000 is entitled to 
                        receive an amount equal to--
                                    ``(I) the number of fixed guideway 
                                vehicle passenger-miles traveled 
                                multiplied by the number of fixed 
                                guideway vehicle passenger-miles 
                                traveled for each dollar of operating 
                                cost in an area; divided by
                                    ``(II) the total number of fixed 
                                guideway vehicle passenger-miles 
                                traveled multiplied by the total number 
                                of fixed guideway vehicle passenger-
                                miles traveled for each dollar of 
                                operating cost in all areas. An 
                                urbanized area with a population of at 
                                least 750,000 in which commuter rail 
                                transportation is provided shall 
                                receive at least .75 percent of the 
                                total amount apportioned under this 
                                subclause.
                            ``(iii) Under clause (i) of this clause, 
                        fixed guideway revenue vehicle- or route-miles, 
                        and passengers served on those miles, in an 
                        urbanized area with a population of less than 
                        200,000, where the miles and passengers served 
                        otherwise would be attributable to an urbanized 
                        area with a population of at least 1,000,000 in 
                        an adjacent State, are attributable to the 
                        governmental authority in the State in which 
                        the urbanized area with a population of less 
                        than 200,000 is located. The authority is 
                        deemed an urbanized area with a population of 
                        at least 200,000 if the authority makes a 
                        contract for the service.
                            ``(iv) A recipient's apportionment under 
                        paragraph (1)(A) of this subsection may not be 
                        reduced if the recipient, after satisfying the 
                        Secretary of Transportation that energy or 
                        operating efficiencies would be achieved, 
                        reduces revenue vehicle-miles but provides the 
                        same frequency of revenue service to the same 
                        number of riders.
            ``(2) Based on bus revenue vehicle-miles and passenger 
        miles.--Of the amount apportioned under subsection (a)(3) of 
        this section, 66.71 percent shall be apportioned as follows:
                    ``(A) 90.8 percent of the total amount apportioned 
                under this subparagraph shall be apportioned as 
                follows:
                            ``(i) 73.39 percent of the 90.8 percent 
                        apportioned under this clause shall be 
                        apportioned so that each urbanized area with a 
                        population of at least 1,000,000 is entitled to 
receive an amount equal to--
                                    ``(I) 50 percent of the 73.39 
                                percent apportioned under this 
                                subclause multiplied by a ratio equal 
                                to the total bus revenue vehicle-miles 
                                operated in or directly serving the 
                                urbanized area divided by the total bus 
                                revenue vehicle-miles attributable to 
                                all areas;
                                    ``(II) 25 percent of the 73.39 
                                percent apportioned under this 
                                subclause multiplied by a ratio equal 
                                to the population of the area divided 
                                by the total population of all areas, 
                                as shown by the latest Government 
                                census; and
                                    ``(III) 25 percent of the 73.39 
                                percent apportioned under this 
                                subclause multiplied by a ratio for the 
                                area based on population weighted by a 
                                factor, established by the Secretary of 
                                Transportation, of the number of 
                                inhabitants in each square mile.
                            ``(ii) 26.61 percent of the 90.8 percent 
                        apportioned under this clause shall be 
                        apportioned so that each urbanized area with a 
                        population of at least 200,000 but not more 
                        than 999,999 is entitled to receive an amount 
                        equal to--
                                    ``(I) 50 percent of the 26.61 
                                percent apportioned under this 
                                subclause multiplied by a ratio equal 
                                to the total bus revenue vehicle-miles 
                                operated in or directly serving the 
                                urbanized area divided by the total bus 
                                revenue vehicle-miles attributable to 
                                all areas;
                                    ``(II) 25 percent of the 26.61 
                                percent apportioned under this 
                                subclause multiplied by a ratio equal 
                                to the population of the area divided 
                                by the total population of all areas, 
                                as shown by the latest Government 
                                census; and
                                    ``(III) 25 percent of the 26.61 
                                percent apportioned under this 
                                subclause multiplied by a ratio for the 
                                area based on population weighted by a 
                                factor, established by the Secretary of 
                                Transportation, of the number of 
                                inhabitants in each square mile.
                            ``(iii) 9.2 percent of the total amount 
                        apportioned under this paragraph shall be 
                        apportioned so that each urbanized area with a 
                        population of at least 200,000 is entitled to 
                        receive an amount equal to--
                                    ``(I) the number of bus passenger-
                                miles traveled multiplied by the number 
                                of bus passenger-miles traveled for 
                                each dollar of operating cost in an 
                                area; divided by
                                    ``(II) the total number of bus 
                                passenger-miles traveled multiplied by 
                                the total number of bus passenger-miles 
                                traveled for each dollar of operating 
                                cost in all areas.
    ``(f) Operating Assistance.--For areas less than 200,000 in 
population, an amount apportioned under this subsection may be used for 
operating assistance.''.
    (c) Section 5336 is further amended--
            (1) by striking subsections (j) and (k); and
            (2) by redesignating existing subsections (e) through (i) 
        as subsections (g) through (k), respectively.
    (d) The first sentence of redesignated section 5336(i) is amended--
            (1) by striking ``subsection (a)(1)'' and inserting 
        ``subsection (a)(2)''; and
            (2) by inserting ``5310(b) or'' after ``State under 
        section''.
    (e) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5336 and inserting the 
following:

``5336. Urbanized area formula grants.''

SEC. 3035. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY 
              MODERNIZATION.

    (a) Title 49 is amended by striking section 5337.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item related to section 5337.

SEC. 3036. AUTHORIZATIONS.

    Title 49 is amended by striking section 5338 and inserting the 
following:
``Sec. 5338. Authorizations
    ``(a) Formula Programs.--Not more than the following amounts are 
available from the Mass Transit Account of the Highway Trust Fund for 
the Secretary to carry out sections 5307, 5310, 5311, and 5320 of this 
title:
            ``(1) $3,970,500,000 for each fiscal year ending September 
        30, 1998-2002.
            ``(2) $4,077,704,000 for the fiscal year ending September 
        30, 2003.
    ``(b) Major Capital Investments.--Not more than the following 
amounts are available from the Account for the Secretary to carry out 
section 5309 of this title:
            ``(1) $800,000,000 for the fiscal year ending September 30, 
        1998.
            ``(2) $950,000,000 for the fiscal year ending September 30, 
        1999.
            ``(3) $1,000,000,000 for each fiscal year ending September 
        30, 2000-2002.
            ``(4) $1,026,000,000 for the fiscal year ending September 
        30, 2003.
    ``(c) Metropolitan Planning.--Not more than the following amounts 
may be appropriated from the Account to the Secretary to carry out 
sections 5303-5305 of this title:
            ``(1) $39,500,000 for each fiscal year ending September 30, 
        1998-2002.
            ``(2) $40,527,000 for the fiscal year ending September 30, 
        2003.
    ``(d) Statewide Planning.--Not more than the following amounts may 
be appropriated from the account to the Secretary to carry out section 
5306 of this title:
            ``(1) $8,250,000 for each fiscal year ending September 30, 
        1998-2002.
            ``(2) $8,465,000 for the fiscal year ending September 30, 
        2003.
    ``(e) National Transit Research.--Not more than the following 
amounts may be appropriated from the Account to the Secretary to carry 
out section 5312 of this title:
            ``(1) $38,050,000 for each fiscal year ending September 30, 
        1998-2002.
            ``(2) $39,039,000 for the fiscal year ending September 30, 
        2003.
    ``(f) University Transportation Centers.--Not more than the 
following amounts may be appropriated from the Account to the Secretary 
to carry out chapter 52 of this title:
            ``(1) $6,000,000 for each fiscal year ending September 30, 
        1998-2002.
            ``(2) $6,156,000 for the fiscal year ending September 30, 
        2003.
    ``(g) Administrative Expenses.--Such sums as necessary may be 
appropriated from the Account to the Secretary for administrative 
expenses to carry out sections 5334 (a) and (c)-(f) of this title.
    ``(h) Grants as Contractual Obligations.--(1) A grant or contract 
approved by the Secretary, that is financed with amounts made available 
under subsections (a) and (b) of this section, is a contractual 
obligation of the United States Government to pay the Government's 
share of the cost of the project.
    ``(2) A grant or contract, approved by the Secretary, that is 
financed with amounts made available under subsections (c)-(e) of this 
section, is a contractual obligation of the United States Government to 
pay the Government's share of the cost of the project only to the 
extent amounts are provided in advance in an appropriations law.
    ``(i) Availability.--Amounts made available or appropriated under 
subsections (a)-(f) of this section shall remain available until 
expended.
    ``(j) Transfer of Prior Year Funds Remaining Available.--
Notwithstanding any other provision of law, any funds appropriated 
under this chapter may be transferred to and administered under the 
most recent appropriation heading for the same purpose.''.

SEC. 3037. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

    (a) Section 17 of the National Capital Transportation Act of 1969 
(Public Law 91-143; 83 Stat. 320) as added by the National Capital 
Transportation Amendments of 1990 (Public Law 101-551; 104 Stat. 2733) 
is amended--
            (1) in subsection (c) by striking ``$1,300,000,000'' and 
        inserting ``$1,049,700,000'';
            (2) by striking ``8'' and inserting ``6''; and
            (3) by inserting the following subsection after subsection 
        (c):
    ``(d) In addition to the amounts authorized under subsection (c) of 
this section, there is authorized to be appropriated to the Secretary 
of Transportation for the purpose of making grants to complete the 
Adopted Regional System as provided in subsection (a) of this section 
from the Mass Transit Account of the Highway Trust Fund the following 
amounts:
            ``(1) $200,000,000 in the fiscal year ending on September 
        30, 1998; and
            ``(2) $50,300,000 in the fiscal year ending on September 
        30, 1999.''.

                     TITLE IV--MOTOR CARRIER SAFETY

SEC. 4001. STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS.

    (a) Objectives.--Section 31101 of title 49, United States Code, is 
amended--
            (1) by inserting a new subsection at the beginning to read 
        as follows:
    ``(a) Objectives.--The primary objective of this subchapter is to 
improve commercial motor vehicle and driver safety. The provisions in 
this subchapter are intended to facilitate efforts by the Secretary, 
States, and other political jurisdictions, working in partnership, to 
focus their resources on strategic safety investments, to increase 
administrative flexibility, to strengthen enforcement activities, to 
invest in activities related to areas of the greatest crash reduction, 
to identify high risk carriers, and to improve information and analysis 
systems. This subchapter provides funding to ensure that the Secretary, 
States, and other political jurisdictions establish program baselines 
and benchmarks to evaluate overall motor carrier safety program 
effectiveness. Other activities eligible for funding include 
enforcement of motor carrier safety regulations, analytic activities, 
operations of motor carrier and driver information systems, and 
improvements to driver programs. Such activities will provide the means 
necessary to--
            ``(1) reduce motor carrier crashes and promote safe 
        commercial vehicle operations of for-hire and private carriage 
        as well as passenger and hazardous materials transportation;
            ``(2) develop and continue to enforce effective, 
        compatible, and cost-beneficial commercial motor vehicle safety 
        regulations and practices as well as emphasize enforcement of 
        State and local traffic safety laws and regulations;
            ``(3) develop comprehensive motor carrier safety programs 
        and projects to advance technologies and operational practices, 
        information systems, and data which support a safe, efficient, 
        and economical transportation system;
            ``(4) ensure continued improvement in driver performance 
        and meet the objectives of the Nation's drug and alcohol 
        requirements;
            ``(5) ensure the appropriate level of training; and
            ``(6) assess Statewide program performance and compliance 
        activities by implementing improved problem identification and 
        planning, setting program outcome goals, designing appropriate 
        performance standards, measures and benchmarks, improving 
        performance information, and monitoring program activities.'';
            (2) in the preexisting provision, by inserting a subsection 
        heading before ``In this subchapter'' to read as follows:
    ``(b) Definitions.--''; and
            (3) by revising the section heading to read as follows:
``Sec. 31101. Objectives; definitions''
    (b) Performance-Based Grants.--Section 31102 of such title is 
amended--
            (1) in subsection (a), by inserting after ``programs for'' 
        the following: ``improving motor carrier safety and''; and
            (2) in the first sentence of paragraph (b)(1), by striking 
        ``adopt and assume responsibility for enforcing'' and inserting 
        ``assume responsibility for improving motor carrier safety and 
        to adopt and enforce''.
    (c) Hazardous Materials.--Section 31102 of such title is amended--
            (1) in subsection (a), by inserting ``, hazardous materials 
        transportation safety,'' after ``commercial motor vehicle 
        safety''; and
            (2) in the first sentence of subsection (b), by inserting 
        ``, hazardous materials transportation safety,'' after 
        ``commercial motor vehicle safety''.
    (d) Contents of State Plans.--Section 31102(b)(1) of such title is 
amended--
            (1) in subparagraph (J), by inserting ``(1)'' after 
        ``(c)'';
            (2) by revising subparagraph (K) to read as follows:
                    ``(K) ensures consistent, effective, and reasonable 
                sanctions;'';
            (3) by revising subparagraph (L) to read as follows:
                    ``(L) ensures that the State agency will coordinate 
                the plan, data collection, and information systems with 
                the State highway safety programs under title 23 '';
            (4) by revising subparagraph (M) to read as follows:
                    ``(M) ensures participation in SAFETYNET by all 
                jurisdictions receiving funding;'';
            (5) by striking subparagraph (N);
            (6) in subparagraph (O)--
                    (A) by inserting after ``activities'' the 
                following: ``in support of national priorities and 
                performance goals including'';
                    (B) in clause (i), by striking ``to remove'' and 
                inserting the following: ``activities aimed at 
                removing'';
                    (C) in clause (ii)--
                            (i) by striking ``to provide'' and 
                        inserting the following: ``activities aimed at 
                        providing''; and
                            (ii) by inserting at the end the following: 
                        ``and'';
                    (D) by striking (iii) and (iv); and
                    (E) by inserting the following new clause at the 
                end of subparagraph (O):
                            ``(iii) interdiction activities affecting 
                        the transportation of controlled substances by 
                        commercial motor vehicle drivers and training 
                        on appropriate strategies for carrying out 
                        those interdiction activities.'';
            (7) by striking subparagraph (P) and redesignating 
        subparagraph (Q) as subparagraph (P);
            (8) by redesignating subparagraphs (A) through (M) as (B) 
        through (N), respectively; and
            (9) by inserting a new subparagraph (A) to read as follows:
                    ``(A) implements performance-based activities by 
                fiscal year 2003;''.
    (e) United States Government's Share of Costs.--Section 31103 of 
such title is amended--
            (1) by inserting at the beginning the following new 
        heading:
    ``(a) Commercial Motor Vehicle Safety Programs and Enforcement.--
'';
            (2) in the first sentence, by adding ``improve commercial 
        motor vehicle safety and'' before ``enforce''; and
            (3) by adding at the end the following new subsection:
    ``(b) Other Activities.--The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent for 
those activities identified in 31104(f)(2).''.
    (f) Availability of Amounts.--Section 31104 of such title is 
amended--
            (1) in paragraph (a)(1)--
                    (A) by striking ``$76,000,000'' and inserting 
                ``$83,000,000'' and
                    (B) by striking ``1993'' and inserting ``1998'';
            (2) in paragraph (a)(2)--
                    (A) by striking ``$80,000,000'' and inserting 
                ``$83,000,000'' and
                    (B) by striking ``1994'' and inserting ``1999'';
            (3) in paragraph (a)(3), by striking ``1995'' and inserting 
        ``2000';
            (4) in paragraph (a)(4)--
                    (A) by striking ``$85,000,000'' and inserting 
                ``$83,000,000'' and
                    (B) by striking ``1996'' and inserting ``2001'';
            (5) in paragraph (a)(5)--
                    (A) by striking ``$90,000,000'' and inserting 
                ``$83,000,000'' and
                    (B) by striking ``1997'' and inserting ``2002''; 
                and
            (6) by adding the following new paragraph to the end--
            ``(6) not more than $83,000,000 for the fiscal year ending 
        September 30, 2003.''
            (7) in paragraph (b)(2)--
                    (A) by striking ``404(a)(2)'' and inserting 
                ``4002(e)(1) and (2)'';
                    (B) by striking ``Surface Transportation Assistance 
                Act of 1982'' and inserting ``Intermodal Surface 
                Transportation Efficiency Act of 1991'';
                    (C) by striking ``1991'' and inserting ``1996''; 
                and
                    (D) by striking ``1992'' and inserting ``1997'';
            (8) by revising subsection (f) to read as follows:
    ``(f) Allocation Criteria and Eligibility.--(1) On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary, after making the deduction described in subsection (e) of 
this section, shall allocate, under criteria the Secretary prescribes 
through regulation, the amounts available for that fiscal year among 
the States with plans approved under section 31102 of this title.
    ``(2) However, the Secretary may designate up to 12 percent of such 
amounts to reimburse States for border commercial motor vehicle safety 
programs and enforcement and other high priority activities and 
projects. These amounts may be allocated by the Secretary to State 
agencies and local governments, that use trained and qualified officers 
and employees, and to other persons, in coordination with State motor 
vehicle safety agencies, for the improvement of commercial motor 
vehicle safety.';
            (9) by striking subsection (g) and redesignating subsection 
        (h) as subsection (g);
            (10) in subsection (j), by striking ``tolerance'' in the 
        first sentence;
            (11) by striking subsection (i) and redesignating 
        subsection (j) as subsection (h).
    (g) Information Systems and Strategic Safety Initiatives.--Section 
31106 of such title is revised to read as follows:
``Sec. 31106. information systems and strategic safety initiatives
    ``(a) Information Systems.--
            ``(1) In general.--The Secretary is authorized to establish 
        motor carrier information systems and data analysis programs to 
        support motor carrier regulatory and enforcement activities 
        required under this title. In cooperation with the States, the 
        information systems shall be coordinated into a network 
        providing identification of motor carriers and drivers, 
        registration and licensing tracking, and motor carrier and 
        driver safety performance. The Secretary shall develop and 
        maintain data analysis capacity and programs to provide the 
        means to develop strategies to address safety problems and to 
        use data analysis to measure the effectiveness of these 
        strategies and related programs; to determine the cost 
        effectiveness of State and Federal safety compliance, 
        enforcement programs, and other countermeasures; to evaluate 
        the safety fitness of motor carriers and drivers; to identify 
        and collect necessary data; and to adapt, improve, and 
        incorporate other information and information systems as deemed 
        appropriate by the Secretary.
            ``(2) Commercial vehicle information system.--
                    ``(A) The Secretary may include as part of the 
                information system authorized under paragraph (1), an 
                information system, to be called the Commercial Vehicle 
                Information System, to serve as a clearinghouse 
and repository of information related to State registration and 
licensing of commercial motor vehicles and the safety system of the 
commercial motor vehicle registrants or the motor carriers operating 
the vehicles. The Secretary may include in the system information on 
the safety fitness of each of the motor carriers and/or registrants and 
other information the Secretary considers appropriate, including 
information on vehicle, driver, and motor carrier safety performance.
                    ``(B) The Secretary may prescribe technical and 
                operational standards to ensure--
                            ``(i) uniform, timely and accurate 
                        information collection and reporting by the 
                        States necessary to carry out this system;
                            ``(ii) uniform State and Federal procedures 
                        and policies necessary to operate the 
                        Commercial Vehicle Information System; and
                            ``(iii) the availability and reliability of 
                        the information to the States and the Secretary 
                        from the information system.
                    ``(C) The system shall link the Federal motor 
                carrier safety systems with State driver and commercial 
                vehicle registration and licensing systems, and shall 
                be designed--
                            ``(i) to enable a State, when issuing 
                        license plates or throughout the registration 
                        period for a commercial motor vehicle, to 
                        determine, through the use of the information 
                        system, the safety fitness of the registrant or 
                        motor carrier;
                            ``(ii) to allow a State to decide, in 
                        cooperation with the Secretary, the types of 
                        sanctions that may be imposed on the registrant 
                        or motor carrier, or the types of conditions or 
                        limitations that may be imposed on the 
                        operations of the registrant or motor carrier 
                        that will ensure the safety fitness of the 
                        registrant or motor carrier;
                            ``(iii) to monitor the safety fitness of 
                        the registrant or motor carrier during the 
                        registration period; and
                            ``(iv) to require the State, as a condition 
                        of participation in the system, to implement 
                        uniform policies, procedures, and standards, 
                        and to possess or seek authority to impose 
                        commercial motor vehicle registration sanctions 
                        on the basis of a Federal safety fitness 
                        determination.
                    ``(D) Of the amounts available for expenditure 
                under this section, not more than $6,000,000 in each of 
                fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 may 
                be made available to carry out paragraph (a)(2) of this 
                section. The Secretary may authorize the operation of 
                the information system by contract, through an 
                agreement with one or more States, or by designating, 
                after consultation with the States, a third party that 
                represents the interests of the States.
    ``(b) Commercial Motor Vehicle Driver Safety Program.--The 
Secretary is authorized to establish a program focusing on improving 
commercial motor vehicle driver safety. The objectives of the program 
shall include--
            ``(1) enhancing the exchange of driver licensing 
        information among the States and among the States, the Federal 
        Government, and foreign countries;
            ``(2) providing information to the judicial system on the 
        commercial motor vehicle driver licensing program; and
            ``(3) evaluating any aspect of driver performance and 
        safety as deemed appropriate by the Secretary.
    ``(c) Cooperative Agreements, Grants, and Contracts.--The Secretary 
may carry out this section either independently or in cooperation with 
other Federal departments, agencies, and instrumentalities, or by 
making grants to and entering into contracts and cooperative agreements 
with States, localities, associations, institutions, corporations 
(profit or nonprofit) or other persons.''.
    (h) Authorization of Appropriations.--Section 31107 of such title 
is revised to read as follows:
``Sec. 31107. Authorization of appropriations for information systems 
              and strategic safety initiatives
    ``(a) There shall be available from the Highway Trust Fund (other 
than the Mass Transit Account) for the Secretary to incur obligations 
to carry out section 31106 of this title the sum of $17 million for 
each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. The 
amounts made available under this subsection shall remain available 
until expended.
    ``(b) Contract Authority.--Approval by the Secretary of a grant 
under this section imposes upon the United States Government a 
contractual obligation for payment of the Government's share of costs 
incurred in carrying out the objectives of the grant.''.
    (i) Subchapter Heading.--Subchapter I of chapter 311 of such title 
is amended by inserting in the subchapter heading after ``Grants'' the 
following: ``and Other Commercial Motor Vehicle Programs''.
    (j) Conforming Amendments.--The analysis for Chapter 311 of such 
title is amended--
            (1) by revising item 31106 to read as follows:

``31106. Information Systems and Strategic Safety Initiatives.'';
        and
            (2) by revising item 31107 to read as follows:

``31107. Authorization of Appropriations for Information Systems and 
                            Strategic Safety Initiatives.''.

               TITLE V--INFRASTRUCTURE CREDIT ENHANCEMENT

SEC. 5001. SHORT TITLE.

    This title may be cited as the ``Transportation Infrastructure 
Credit Enhancement Act of 1997''.

SEC. 5002. FINDINGS.

    Congress finds that--
            (a) The economic vitality of the Nation and the quality of 
        life of its citizens depend upon continued investment in 
        surface transportation infrastructure for the movement of both 
        people and goods.
            (b) The Nation's needs to maintain, reconstruct, and 
        provide additional transportation infrastructure investment in 
        both rural and urban areas exceed available resources under 
        traditional programs.
            (c) While recent Federal initiatives have equipped States 
        with new financing tools, certain large infrastructure projects 
        of national significance cannot be adequately funded through 
        existing grant programs or private capital markets and would 
        benefit from new forms of Federal assistance.
            (d) A capital investment program for constructing, 
        reconstructing, and expanding transportation infrastructure 
will create both direct and indirect jobs.
            (e) Investing in trade corridors will stimulate exports and 
        enhance the Nation's competitiveness in the world economy.
            (f) Providing new, innovative ways to finance 
        transportation infrastructure will leverage limited Federal 
        resources and meet critical investment needs.
            (g) Fostering public-private partnerships will attract 
        private capital, advance necessary projects through the 
        development stage, control costs during construction, and 
        improve the management of transportation facilities.
            (h) Taking advantage of the public's willingness to pay 
        user fees to receive the benefits and services of 
        transportation infrastructure sooner than would be possible 
        under traditional grant-based financing will result in a more 
        efficient and equitable allocation of the Nation's resources.

SEC. 5003. DEFINITIONS.

    As used in this title, unless the context requires otherwise--
            (a) The term ``Eligible Project Costs'' means all amounts 
        funded with proceeds of Project Obligations, including--
                    (1) development phase activities, including 
                planning, feasibility analysis, environmental review, 
                permitting, preliminary engineering and design work, 
                and other pre-construction activities;
                    (2) construction, reconstruction, rehabilitation, 
                replacement, and acquisition of real property, and the 
                acquisition of equipment; and
                    (3) interest costs, reasonably required reserve 
                funds, and issuance expenses.
            (b) The term ``Project'' means any surface transportation 
        facility eligible for Federal assistance under title 23 or 
        chapter 53 of title 49, United States Code.
            (c) The term ``Project Obligation'' means any note, bond, 
        debenture, or other evidence of indebtedness issued by a 
        Project Sponsor in connection with the financing of a Project 
        under this title.
            (d) The term ``Project Sponsor'' means any party primarily 
        liable for payment of the principal of or interest on any 
        Project Obligation under this title, whether a corporation, 
        partnership, joint venture, trust, or governmental entity or 
        instrumentality; provided that if such entity is not a State or 
        local government or any agency thereof, the project it is 
        undertaking shall be publicly owned and shall be publicly 
        sponsored as provided in paragraphs 5004(a) (3) and (4) of this 
        title.
            (e) The term ``Revenue Stabilization Fund'' means a reserve 
        account established by a Project Sponsor for the payment of 
        principal of or interest on Project Obligations.
            (f) The term ``Secretary'' means the Secretary of 
        Transportation.
            (g) The term ``State'' shall have the meaning such term has 
        in 23 U.S.C. 101.

SEC. 5004. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility.--For a Project to receive financial assistance 
under this title, it must meet the following criteria.
            (1) The Secretary shall determine that the Project is 
        nationally significant, based on the extent to which the 
        Project will transport passengers or freight at lower costs or 
        higher efficiency, will advance multi-state corridors, will 
        otherwise promote metropolitan, regional, interstate, or 
        international commerce, or other factors. Single-State projects 
        shall be eligible only if such projects would generate benefits 
        beyond the State's borders.
            (2) The Project sponsor shall demonstrate to the Secretary 
        that the Project cannot otherwise obtain adequate financing on 
        reasonable terms and conditions.
            (3) The Project shall satisfy the applicable Statewide 
        planning requirements of 23 U.S.C. 135 and the metropolitan 
        planning requirements of 23 U.S.C. 134 at the time any deposit 
        agreement is entered into under this title.
            (4) The Project application shall be submitted to the 
        Secretary by a State or local government, or any agency 
        thereof.
            (5) Eligible Project Costs shall equal or exceed the lesser 
        of $100,000,000 or 50 percent of the most recent annual amount 
        of Federal-aid highway funds apportioned under title 23, United 
        States Code, to the State in which the Project is located.
            (6) Project financing shall be payable in whole or in part 
        by user charges, such as tolls, or other dedicated revenue 
        sources.
    (b) Selection Among Eligible Projects.--The Secretary shall 
establish criteria for selecting among Projects that meet the 
eligibility criteria of subsection (a) of this section. Such selection 
criteria shall include--
            (1) the credit-worthiness of the Project;
            (2) the extent to which assistance under this title would 
        foster innovative public-private partnerships and attract 
        private capital investment;
            (3) the extent to which public benefits would exceed public 
        costs;
            (4) the likelihood that assistance under this title would 
        enable the Project to proceed at an earlier date than would be 
        the case otherwise; and
            (5) the extent to which user fees will be collected using 
        new technologies that enhance the flow of commerce.
    (c) Federal Requirements.--All requirements of titles 23 and 49, 
United States Code, shall apply to funds made available under this 
title and Projects assisted with such funds unless the Secretary 
determines that any such requirement, other than 23 U.S.C. 113 and 114, 
and 49 U.S.C. 5333, is inconsistent with any provision of this title. 
Nothing in this subsection shall affect any responsibility or 
obligation of the Secretary under any other Federal law, including the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and 
the Uniform Relocation Assistance and Land Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.).

SEC. 5005. REVENUE STABILIZATION FUNDS.

    (a) In General.--The Secretary is authorized to enter into 
agreements with one or more Project Sponsors under which the Secretary 
shall make deposits, by means of grants, to capitalize Revenue 
Stabilization Funds for any Project selected under section 5004 of this 
title. Any such Fund may also include contributions from State 
infrastructure banks, established under section 350 of the National 
Highway System Designation Act of 1995 (Public Law 104-59) or section 
1022 of this Act, or other sources. Any such Fund shall be available to 
pay debt service costs on Project Obligations in accordance with 
subsection (b) of this section.
    (b) Terms and Limitations.--
            (1) A deposit agreement under this section shall be on such 
        terms and conditions (including requirements for audits) as the 
        Secretary determines.
            (2) A Revenue Stabilization Fund under this section shall 
        be used to secure junior lien or other Project Obligations, as 
determined by the Secretary.
            (3) Utilization of a Revenue Stabilization Fund under this 
        title shall not render Project Obligations federally guaranteed 
        for the purposes of subsection 149(b) of title 26, United 
        States Code.
            (4) Funds contributed to any Revenue Stabilization Fund 
        shall be invested in United States Treasury securities, bank 
        deposits, or such other financing instruments as the Secretary 
        may approve to earn interest to enhance the fund.
            (5) Any interest earned on funds contributed to any Revenue 
        Stabilization Fund shall be credited to such Fund.
            (6) Five years after the Project becomes operational, 
        amounts in the Revenue Stabilization Fund in excess of the 
        level needed to secure Project Obligations may be applied by 
        the Project Sponsor to other Eligible Project Costs, as 
        approved by the Secretary.
            (7) The total amount of a deposit shall be not more than 20 
        percent of Eligible Project Costs.
            (8) No third party creditor of the Project Sponsor shall 
        have any right against the Federal Government with respect to 
        any deposit.
    (c) Consultation.--The Secretary shall consult with the Secretary 
of the Treasury in implementing this section.

SEC. 5006. RULES AND REGULATIONS.

    The Secretary is authorized to make such rules and regulations as 
deemed necessary or appropriate to carry out the purposes and 
provisions of this title.

SEC. 5007. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) $100,000,000 for each of fiscal 
years 1998, 1999, 2000, 2001, 2002, and 2003 to carry out the 
provisions of this title, to remain available until expended.

                           TITLE VI--RESEARCH

                    PART A--PROGRAMS AND ACTIVITIES

SEC. 6001. TRANSPORTATION RESEARCH AND DEVELOPMENT.

    Subtitle III of title 49, United States Code, is amended by adding 
a new chapter 52 to read as follows:

                 ``CHAPTER 52--RESEARCH AND DEVELOPMENT

               ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE

``Sec.
``5201. Transactional authority.
``5202. Reliance on competition.
``5203. Authorizations.
                       ``SUBCHAPTER II--PLANNING

``5221. Planning.
``5222. Implementation.
  ``SUBCHAPTER III--ADVANCED TRANSPORTATION RESEARCH AND DEVELOPMENT 
                                PROGRAMS

``5231. Intermodal transportation research and development program.
            ``SUBCHAPTER IV--PROFESSIONAL CAPACITY BUILDING

``5241.--National university transportation centers.

               ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE

``Sec. 5201. Transactional authority
    ``To carry out this chapter, the Secretary of Transportation may 
enter into contracts, grants, cooperative agreements, and other 
transactions with any person, agency, or instrumentality of the United 
States, any unit of State or local government, any educational 
institution, and any other entity to further the objectives of this 
chapter.
``Sec. 5202. Reliance on competition
    ``The Secretary of Transportation may award grants or contracts to 
university transportation centers established through competition under 
section 5241 of this title without further competition. A 
noncompetitive award authorized by this section must be for 
transportation research, development, education or training consistent 
with the strategic plan approved as part of the selection process for 
the center.
``Sec. 5203. Authorizations
    ``(a) There is available from the Highway Trust Fund, other than 
the Mass Transit Account, for the Secretary of Transportation 
$10,000,000 for fiscal year 1998, $15,000,000 for fiscal year 1999, 
$20,000,000 for fiscal year 2000, $25,000,000 for fiscal year 2001, 
$30,000,000 for fiscal year 2002, and $35,000,000 for fiscal year 2003, 
to carry out subchapters II and III of this chapter.
    ``(b) Contract Authority and Availability of Funds.--Funds 
authorized by this section shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code; except that any Federal share of the cost of 
any activity under subchapters II and III of this chapter shall be in 
accordance with the provision of those subchapters, and such funds 
shall remain available for obligation for a period of two years after 
the last day of the fiscal year for which such funds are authorized.

                       ``SUBCHAPTER II--PLANNING

``Sec. 5221. Planning
    ``(a) Authority.--The Secretary of Transportation shall establish a 
strategic planning process to determine national transportation 
research and technology priorities, coordinate Federal transportation 
research and technology activities, and measure the impact of these 
research and technology investments on the performance of the national 
transportation system.
    ``(b) Criteria.--In developing strategic plans for intermodal, 
multimodal, and modal research and technology, the Secretary shall 
consider the need to:
            ``(1) Coordinate and link Federal, regional, state, and 
        metropolitan planning activities;
            ``(2) Ensure that standard-setting in transportation is 
        compatible with the concept of a seamless transportation 
        system;
            ``(3) Encourage innovation;
            ``(4) Identify and facilitate initiatives and partnerships 
        to deploy advanced technology with the potential for improving 
        transportation systems over ten years;
            ``(5) Identify core research to support the Nation's long-
        term transportation technology and system needs, including 
        safety;
             ``(6) Ensure the Nation's ability 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 
        Nation's transportation system.
``Sec. 5222. Implementation
    ``In implementing section 5221, the Secretary of Transportation 
shall adopt such policies and procedures as appropriate--
            ``(1) to provide for consultation among the Administrators 
        of the operating administrations of the Department and other 
        Federal officials with responsibility for research important to 
        national transportation needs;
            ``(2) to promote the maximum 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 such activities;
            ``(3) to ensure that the Department's research and 
        development programs do not duplicate other Federal research 
        and development programs;
            ``(4) to ensure that the Department's research and 
        development activities make appropriate use of the talents, 
        skills, and abilities residing at the Federal laboratories and 
        leverage, to the extent practical, the research capabilities of 
        institutions of higher education and private industry; and
            ``(5) to validate the scientific and technical assumptions 
        underlying the Department's research and technology plans.

  ``SUBCHAPTER III--ADVANCED TRANSPORTATION RESEARCH AND DEVELOPMENT 
                                PROGRAMS

``Sec. 5231. Intermodal transportation research and development program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a program to be known as the `Intermodal Transportation 
Research and Development Program'.
     ``(b) Purposes.--The purposes of the Intermodal Transportation 
Research and Development Program are to--
            ``(1) enhance the capabilities of Federal agencies in 
        meeting national transportation needs as defined by their 
        missions through support for basic and applied research and 
        development impacting the various modes of transportation 
        including research and development in safety, security, 
        mobility, energy and environment, information and physical 
        infrastructure, and industrial design;
            ``(2) identify and apply innovative research performed by 
        the Government, academia and the private sector to the 
        intermodal and multimodal transportation research, development, 
        and deployment needs of the Department and the Nation's 
        transportation enterprise;
            ``(3) identify and leverage research, technologies, and 
        other information developed by the Government for national 
        defense and non-defense purposes for the benefit of public, 
        commercial and defense transportation sectors; and
            ``(4) share information, analytical and research 
        capabilities among Federal, state and local governments, 
        colleges and universities, and private organizations to advance 
        their transportation research, development and deployment 
        needs.

            ``SUBCHAPTER IV--PROFESSIONAL CAPACITY BUILDING

``Sec. 5241. National university transportation centers
    ``(a) Regionally-Based Centers.--The Secretary of Transportation 
shall make grants to nonprofit institutions of higher learning to 
establish and operate one university transportation center in each of 
the ten (10) United States Government regions that comprise the 
Standard Federal Regional Boundary System.
    ``(b) Other Centers.--The Secretary may make grants to non-profit 
institutions of higher learning to establish and operate up to ten 
other university transportation centers to address transportation 
management, research and development, with special attention to 
increasing the number of highly skilled minority individuals and women 
entering the transportation workforce; transportation and industrial 
productivity; rural transportation; advanced transportation technology; 
international transportation policy studies; transportation 
infrastructure technology; urban transportation research; 
transportation and the environment; surface transportation safety; or 
such other national transportation issues designated by the Secretary.
    ``(c) Selection Criteria.--A nonprofit institution of higher 
learning interested in receiving a grant under this section shall 
submit an application to the Secretary in the way and containing the 
information the Secretary prescribes. The Secretary shall select each 
recipient through a competitive process on the basis of the following:
            ``(1) for regionally-based centers, the location of the 
        center within the Federal Region to be served;
            ``(2) the demonstrated research and extension resources 
        available to the recipient to carry out this section;
            ``(3) the capability of the recipient to provide leadership 
        in making national and regional contributions to the solution 
        of immediate and long-range transportation problems;
            ``(4) the recipient's establishment of a surface 
        transportation program encompassing several modes of 
        transportation;
            ``(5) the recipient's demonstrated commitment of at least 
        $200,000 in regularly budgeted institutional amounts each year 
        to support ongoing transportation research and education 
        programs;
            ``(6) the recipient's demonstrated ability to disseminate 
        results of transportation research and education programs 
        through a statewide or region-wide continuing education 
        program; and
            ``(7) the strategic plan the recipient proposes to carry 
        out under the grant.
    ``(d) Objectives.--Each university transportation center shall 
conduct:
            ``(1) basic and applied research, the products of which are 
        judged by peers or other experts in the field to advance the 
        body of knowledge in transportation;
            ``(2) an education program that includes multidisciplinary 
        course work and participation in research; and
            ``(3) an ongoing program of technology transfer that makes 
        research results available to potential users in a form that 
        can be implemented, utilized or otherwise applied.
    ``(e) Maintenance of Effort.--Before making a grant under this 
section, the Secretary may require the recipient to make an agreement 
with the Secretary to ensure that the recipient will maintain total 
expenditures from all other sources to establish and operate a 
university transportation center and related research activities at a 
level at least equal to the average level of those expenditures in its 
2 fiscal years prior to award of a grant under this section.
    ``(f) Federal Share.--A grant under this section is for 50 percent 
of the cost of establishing and operating the university transportation 
center and related research activities the recipient carries out. The 
non-Federal share may include funds provided to a recipient under 
section 5307 or 5311 of this title.
    ``(g) Program Coordination.--The Secretary shall provide for 
coordinating research, education, training, and technology transfer 
activities that grant recipients carry out under this section, the 
dissemination of the results of the research, and the establishment and 
operation of a clearinghouse. At least annually, the Secretary shall 
review and evaluate programs the grant recipients carry out. The 
Secretary may use not more than one percent of amounts made available 
from Government sources to carry out this subsection.
    ``(h) Amounts Available for Technology Transfer Activities.--At 
least 5 percent of the amounts made available to carry out this section 
in a fiscal year are available to carry out technology transfer 
activities.
    ``(i) Limitation on Availability of Funds.--Funds made available to 
carry out this program remain available for obligation for a period of 
two years after the last day of the fiscal year for which such funds 
are authorized.''.

SEC. 6002. BUREAU OF TRANSPORTATION STATISTICS.

    (a) Section 111 of title 49, United States Code, is amended--
            (1) by striking the second sentence of paragraph (b)(4);
            (2) in paragraph (c)(1)--
                    (A) by striking ``and'' in subparagraph (J);
                    (B) by striking the period and substituting ``; 
                and'' in subparagraph (K); and
                    (C) by inserting the following new subparagraph 
                following subparagraph (K):
                    ``(L) transportation-related variables influencing 
                global competitiveness.'';
            (3) in paragraph (c)(2)--
                    (A) by striking ``national transportation system'' 
                in the first sentence and substituting ``nation's 
                transportation systems'';
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) be coordinated with efforts to measure 
                outputs and outcomes of the Department of 
                Transportation and the nation's transportation systems 
                under the Government Performance and Results Act;''; 
                and
                    (C) by inserting ``, made relevant to the States 
                and metropolitan planning organizations,'' after 
                ``accuracy'' in subparagraph (C);
            (4) in paragraph (c)(3) by adding at the end of the 
        paragraph: ``The Bureau shall review and report to the 
        Secretary of Transportation on the sources and reliability of 
        the statistics proposed by the modal administrations to measure 
        outputs and outcomes as required by the Government Performance 
        and Results Act, and shall undertake such other reviews of the 
        sources and reliability of other data collected by the modal 
        administrations as shall be requested by the Secretary.'';
            (5) by inserting at the end of the section of subsection 
        (c) the following new paragraph:
            ``(7) Supporting transportation decision making.--Ensuring 
        that the statistics compiled under paragraph (1) of this 
        subsection are relevant for transportation decisions by 
        Federal, State, and local governments, transportation-related 
        associations, private business, and consumers.'';
            (6) by--
                    (A) redesignating subsections (d), (e) and (f) as 
                subsections (h), (i) and (j), respectively;
                    (B) striking subsection (g); and
                    (C) adding the following new subsections:
    ``(d) Intermodal Transportation Data Base.--The Director shall 
establish and maintain an Intermodal Transportation Data Base, in 
consultation with the Assistant Secretaries and operating 
Administrations of the Department. This data base shall be suitable for 
analyses conducted by the Federal Government, the States, and 
metropolitan planning organizations. The data base shall include but 
not be limited to--
            ``(1) information on the volumes and patterns of movement 
        of goods, including local, interregional, and international 
        movements, by all modes of transportation and intermodal 
        combinations, and by relevant classification;
            ``(2) information on the volumes and patterns of movement 
        of people, including local, interregional, and international 
        movements, by all modes of transportation and intermodal 
        combinations, and by relevant classification; and
            ``(3) information on the location and connectivity of 
        transportation facilities and services and a national 
        accounting of expenditures and capital stocks on each mode of 
        transportation and intermodal combinations.
    ``(e) National Transportation Library.--The Director shall 
establish and maintain the National Transportation Library, containing 
a collection of statistical and other information needed for 
transportation decision making at the Federal, State, and local levels. 
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 Bureau to make statistics readily accessible 
under paragraph (c)(5) of this section. The Bureau shall work with 
other transportation libraries and other transportation information 
providers, both public and private, to achieve this goal.
    ``(f) National Transportation Atlas Data Base.--The Director shall 
develop and maintain geo-spatial data bases depicting transportation 
networks; flows of people, goods, vehicles, and craft over those 
networks; and social, economic, and environmental conditions affecting 
or affected by those networks. These data bases shall be able to 
support intermodal network analysis.
    ``(g) Research and Development Grants.--The Secretary may make 
grants to, or enter into cooperative agreements or contracts with, 
public and nonprofit private entities (including, but not limited to, 
State Departments of Transportation, metropolitan planning 
organizations, Transportation Research Centers, and universities) for--
            ``(1) the investigation of the subjects listed in 
        subsection (c)(1) of this section and for 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) of this 
        section; 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.'';
            (7) by amending subsection (i), as redesignated, to read as 
        follows:
    ``(i) Prohibition on Certain Disclosures.--(1) An officer or 
employee of the Bureau may not--
            ``(A) make any publication in which the data furnished by a 
        person under paragraph (c)(2) can be identified;
            ``(B) use the information furnished under the provisions of 
        paragraph (c)(2) of this section for a non-statistical purpose; 
        or
            ``(C) permit anyone other than the individuals authorized 
        by the Director to examine individual reports furnished under 
        paragraph (c)(2) of this section.
    ``(2) No department, bureau, agency, officer, or employee of the 
United States except the Director of the Bureau of Transportation 
Statistics in carrying out the purpose of this section, shall require, 
for any reason, copies of reports which have been filed under paragraph 
(c)(2) with the Bureau of Transportation Statistics or retained by any 
individual respondent. Copies of such reports which have been so 
retained or filed with the Bureau or any of its employees, contractors, 
or agents shall be immune from legal process, and shall not, without 
the consent of the individual concerned, be admitted as evidence or 
used for any purpose in any action, suit, or other judicial or 
administrative proceeding. This paragraph shall only apply to 
individually identifiable data.
    ``(3) In a case in which the Bureau is authorized by statute to 
collect data or information for nonstatistical purposes, the Director 
shall clearly distinguish the collection of such data or information by 
rule and on the collection instrument to inform a respondent requested 
or required to supply the data or information of the nonstatistical 
purposes.'';
            (8) by striking ``On or before January 1, 1994 and annually 
        thereafter, the'' and substituting ``The'' in subsection (j), 
        as redesignated; and
            (9) by adding the following new subsections at the end of 
        the section:
    ``(k) Data Product Sales Proceeds.--Notwithstanding 31 U.S.C. 3302, 
funds received by the Bureau of Transportation Statistics from the sale 
of data products may be credited to the Highway Trust Fund (other than 
the Mass Transit Account) for the purpose of reimbursing the Bureau for 
such expenses.
    ``(l)(1) Funding.--There is authorized to be appropriated out of 
the Highway Trust Fund (other than the Mass Transit Account), 
$31,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002 and 
2003 to carry out this section provided that amounts for activities 
under subsection (g) of this section, may not exceed $500,000 per year. 
Amounts made available under this subsection shall remain available for 
a period of three years.
    ``(2) Contract authority.--Funds authorized by this subsection 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code.''.
    (b) Conforming Amendment.--Section 5503 of title 49, United States 
Code, is amended by--
            (1) repealing subsection (d); and
            (2) redesignating subsections (e), (f), and (g) as (d), 
        (e), and (f), respectively.

SEC. 6003. RESEARCH AND TECHNOLOGY PROGRAM.

    (a) Section 307 of title 23, United States Code, is amended by 
revising subsections (a) and (b) to read as follows:
    ``(a) Preamble, General Authority, and Collaborative Agreements.--
            ``(1) Preamble.--Results of research, technology transfer, 
        studies, and activities have demonstrated that continued and 
        increased efforts to provide for technical innovation must be a 
        cornerstone in the foundation as the transportation community 
        moves into the next century. A strong Federal transportation 
        research and technology program is recognized as essential to 
        ensure that innovation is developed and incorporated into the 
        multi-billion dollar infrastructure program. Technology 
        advancement is essential to support the Nation's infrastructure 
        needs and, in turn, its ability to continue to participate 
        successfully in a global marketplace and economy.
            ``(2) Authority of the secretary.--
                    ``(A) In general.--The Secretary shall engage in 
                research, development, and technology transfer 
                activities with respect to motor carrier transportation 
                and all phases of highway planning and development 
                (including construction, operation, modernization, 
                development, design, maintenance, safety, financing, 
                and traffic conditions) and the effect thereon of State 
                laws and 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 either 
                independently or in cooperation with other Federal 
                departments, agencies, and instrumentalities or 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, corporation (profit or nonprofit), 
                organization, or person.
                    ``(C) Technical innovation.--The Secretary shall 
                develop and administer programs to facilitate 
                application of the products of research and technical 
                innovations that will improve the safety, efficiency, 
                and effectiveness of the highway system.
                    ``(D) Funds.--
                            ``(i) In general.--Except where 
                        specifically noted otherwise in other sections 
                        of chapter 3, the funds necessary to carry out 
                        this subsection shall be taken by the Secretary 
                        out of administrative funds deducted pursuant 
                        to section 104(a) of this title and such funds 
                        as may be deposited by any cooperating 
                        organization or person in a special account of 
                        the Treasury of the United States established 
                        for such purposes, and such funds shall remain 
                        available for obligation for a period of three 
                        years after the last day of the fiscal year for 
                        which the funds are authorized.
                            ``(ii) Use of funds.--The Secretary shall 
                        use funds available to carry out this section 
                        to develop, administer, communicate, and 
                        achieve the use of products of the research, 
                        development, and technology transfer programs, 
                        and to otherwise interact with partners and 
                        users in the planning and dissemination of 
                        results.
            ``(3) Collaborative research and development.--
                    ``(A) In general.--For the purposes of encouraging 
                innovative solutions to surface transportation problems 
                and stimulating the marketing of new technology by 
                private industry, the Secretary is authorized to 
                undertake, 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 such term is defined under 
                section 12 of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a).
                    ``(C) Federal share.--The Federal share payable on 
                account of activities carried out under a cooperative 
                research and development agreement entered into under 
                this paragraph shall not exceed 50 percent of the total 
                cost of such activities; except that, if there is 
                substantial public interest or benefit, the Secretary 
                may approve a higher Federal share. All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, and hardware development costs, 
                shall be treated as part of the non-Federal share of 
                the cost of such activities for purposes of the 
                preceding sentence.
                    ``(D) Utilization of technology.--The research, 
                development, or utilization of any technology pursuant 
                to 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.
                    ``(E) Funds.--The funds necessary to carry out this 
                paragraph shall be taken by the Secretary out of 
                administrative funds deducted pursuant to section 
                104(a) of this title and such funds as may be deposited 
                by any cooperating organization or person in a special 
                account of the Treasury of the United States 
                established for such purposes.
            ``(4) Waiver of advertising requirements.--The provisions 
        of section 3709 of the Revised Statutes (41 U.S.C. 5) shall not 
        be applicable to contracts or agreements entered into under 
        this chapter.
    ``(b) Mandatory Contents 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 system 
        of the United States, including indicators for productivity, 
        efficiency, energy use, air quality, congestion, safety, 
        maintenance, and other factors which reflect the overall 
        performance of such system.
            ``(2) a program to strengthen and expand surface 
        transportation infrastructure research, development, and 
        technology transfer, including, as a minimum, the following 
        elements:
                    ``(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) Expansion of the Department of 
                Transportations's inspection and mobile nondestructive 
                examination capabilities, including consideration of 
                the use of high energy field radiography for more 
                thorough and more frequent inspection of bridge 
                structures as well as added support to State, local, 
                and tribal highway departments.
                    ``(C) A research and development program directed 
                toward the reduction of costs associated with the 
                construction of highways and mass transit systems.
                    ``(D) A surface transportation research program to 
                develop nondestructive evaluation equipment for use 
                with existing infrastructure facilities and for next 
generation infrastructure facilities that utilize advanced materials.
                    ``(E) Information technology including appropriate 
                computer programs to collect and analyze data on the 
                status of the existing infrastructure facilities for 
                enhancing management, growth, and capacity; and dynamic 
                simulation models of surface transportation systems for 
                predicting capacity, safety, and infrastructure 
                durability problems, for evaluating planned research 
                projects, and for testing the strengths and weaknesses 
                of proposed revisions in surface transportation 
                operations programs.
                    ``(F) New innovative technologies to enhance and 
                facilitate field construction and rehabilitation 
                techniques for minimizing disruption during repair and 
                maintenance of existing structures.
                    ``(G) Initiatives to improve the Nation's ability 
                to respond to emergencies and natural disasters, and to 
                enhance national defense mobility.''.
    (b) Section 307 of such title is further amended--
            (1) by striking subsections (c), (d), (e), and (f);
            (2) by redesignating (g) and (h) as (c) and (d), 
        respectively; and
            (3) by revising subsections (c) and (d), as so 
        redesignated, to read as follows:
    ``(c) As used in this chapter the term `safety' includes, but is 
not limited to, highway safety systems, research, and development 
relating to vehicle, highway, and driver characteristics, accident 
investigations, communications, emergency medical care, and 
transportation of the injured.
    ``(d) 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 in January 1999, and in 
January of every second year thereafter, estimates of the future 
highway needs of the Nation. The biennial reports required under this 
subsection shall provide the means, including all necessary 
information, to relate and compare the conditions and service measures 
used in different years when such measures are changed.''.

SEC. 6004. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVES.

    (a) In General.--Chapter 3 of such title is amended--
            (1) by striking sections 321 and 326; and
            (2) by adding at the end the following new section:
``Sec. 326. National technology deployment initiatives program
    ``(a) Establishment.--The Secretary shall develop and administer a 
National Technology Deployment Initiatives program for the purpose of 
significantly expanding the adoption of innovative technologies by the 
surface transportation community.
    ``(b) Deployment Goals.--The Secretary shall establish a limited 
number of goals for the program carried out under this section. Each of 
the goals and the program developed to achieve the goals shall be 
designed to provide tangible benefits in the areas of transportation 
system efficiency, safety, reliability, service life, environmental 
protection, and sustainability. For each of these goals, the Secretary, 
in cooperation with representatives of the transportation community 
such as the States, local government, the private sector, and academia, 
shall access 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. Goals to be addressed may 
include:
            ``(1) Reduced delay and improved safety within construction 
        and maintenance work areas.
            ``(2) Extended life of the current infrastructure.
            ``(3) Increased system durability and life, including 
        applications of high performance materials.
            ``(4) Improved safety of driving at night and other periods 
        of reduced visibility.
            ``(5) Support and enhancement of the environment with use 
        of innovative technologies.
            ``(6) Support of community-oriented transportation and 
        sustainable development.
            ``(7) Minimized transportation system closures, 
        constraints, and delay caused by snow and ice.
    ``(c) Reporting.--Not later than 18 months after the date of the 
enactment of this section, and each 48 months thereafter, the Secretary 
shall transmit 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.
    ``(d) Funding.--There are authorized to be appropriated, out of the 
Highway Trust Fund (other than the Mass Transit Account), $56,000,000 
for each of fiscal years 1998, 1999, and 2000; and $84,000,000 for each 
of fiscal years 2001, 2002, and 2003 to carry out this section. Where 
appropriate to achieve the goals outlined above, the Secretary may 
further allocate such funds to States for their use.
    ``(e) Leveraging of Resources.--The Secretary shall give preference 
to projects that leverage Federal funds against significant resources 
from other sources, public or private.
    ``(f) Contract Authority.--Funds authorized by this subsection 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any activity under this 
section shall be determined by the Secretary and such 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. After 
providing notice and an opportunity for comment, the Secretary may 
waive, in whole or in part, application of any provision of title 23 of 
the United States Code, if the Secretary determines that such waiver is 
not contrary to the public interest and will advance the technology 
deployment nationwide. Any waiver under this section shall be published 
in the Federal Register, together with reasons for such waiver.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of such title 
is amended--
            (1) by striking--

``321. National Highway Institute.'';
            (2) by striking--

``326. Education and training program.''
        and inserting--

``326. National technology deployment initiatives program.''.

SEC. 6005. PROFESSIONAL CAPACITY BUILDING AND TECHNOLOGY PARTNERSHIPS.

    (a) Chapter 3 of such title is further amended by adding at the end 
the following new section:
``Sec. 327. Professional capacity building and technology partnerships
    ``(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 of 50,000 to 1,000,000 population;
                    ``(B) highway and transportation agencies in rural 
                areas; and
                    ``(C) contractors doing work for such agencies.
            ``(2) Grants, cooperative agreements and contracts.--The 
        Secretary may make grants and enter into cooperative agreements 
        and contracts for education and training, technical assistance, 
        and related support service that will--
                    ``(A) assist rural, local transportation agencies 
                and tribal governments, and the consultants and 
                construction personnel working for such agencies and 
                governments, to--
                            ``(i) develop and expand their expertise in 
                        road and transportation areas (including 
                        pavement, bridge, and safety management 
                        systems);
                            ``(ii) improve roads and bridges;
                            ``(iii) enhance programs for the movement 
                        of passengers and freight, and 
                        intergovernmental transportation planning and 
                        project selection; and
                            ``(iv) deal effectively with special road-
                        related problems by preparing and providing 
                        training packages, manuals, guidelines, and 
                        technical resource materials;
                    ``(B) identify, package, and deliver usable highway 
                technology to local jurisdictions to assist urban 
                transportation agencies in developing and expanding 
                their ability to deal effectively with road-related 
                problems;
                    ``(C) operate, in cooperation with State 
                transportation agencies and universities,--
                            ``(i) local technical assistance program 
                        centers to provide technology transfer services 
                        to rural areas and to urban areas with 
                        populations between 50,000 and 1,000,000; and
                            ``(ii) not fewer than four centers 
                        designated to provide transportation technical 
                        assistance to American Indian tribal 
                        governments; and
                    ``(D) allow local transportation agencies and 
                tribal governments, in cooperation with the private 
                sector, to enhance new technology implementation.
            ``(3) Funds.--There are authorized to be appropriated, out 
        of the Highway Trust Fund (other than the Mass Transit 
        Account), $12,000,000 for each of fiscal years 1998, 1999, 
        2000, 2001, 2002, and 2003, to be used for the purpose of 
        developing and administering the program established under this 
        section and to provide technical and financial support for the 
        technology transfer centers, including up to 100 percent for 
        services provided to American Indian tribal governments.
            ``(4) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code; except that the Federal share of the cost 
        of any activity under this section shall be determined in 
        accordance with this section, and such funds shall remain 
        available for obligation for a period of three 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 (hereinafter in this section 
                referred to as the `Institute').
                    ``(B) Duties.--The Institute shall develop and 
                administer, in cooperation with the State 
                transportation agencies, United States industry, and 
                any national or international entity, education and 
                training programs of instruction for Federal Highway 
                Administration, State, and local transportation 
                agencies employees; Regional, State, and Metropolitan 
                Planning Organizations; State and local police, public 
                safety, and motor vehicle employees; and United State 
                citizens and foreign nationals engaged or to be engaged 
                in surface transportation work of interest to the 
                United States. The Secretary shall administer, through 
                the Institute, the authority vested in the Secretary by 
                this title or by any other provision of 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 
                surface transportation, environmental factors, 
                acquisition of rights-of-way, relocation assistance, 
                engineering, safety, construction, maintenance, 
                operations, contract administration, motor carrier 
                activities, inspection, and highway finance.
            ``(2) Set-aside; federal share.--Not to exceed one-quarter 
        of 1 percent of all funds apportioned to a State under section 
        104(b)(3) for the surface transportation program shall be 
        available for expenditure by the State transportation agencies 
        for payment of not to exceed 80 percent of the cost of tuition 
        and direct educational expenses (but not travel, subsistence, 
        or salaries) in connection with the education and training of 
        State and local transportation agencies' employees as provided 
        in this section.
            ``(3) Federal responsibility.--Education and training of 
        Federal, State, and local transportation or highway employees 
        authorized by this subsection shall be provided--
                    ``(A) by the Secretary at no cost to the States and 
                local governments if the Secretary determines it is in 
                the best interests of the United States; or
                    ``(B) in any case in which education and training 
                are to be paid for by the State through grants, 
                cooperative agreements, and contracts with public and 
                private agencies, institutions, individuals, and the 
                Institute; except that private agencies, international 
                or foreign entities, and individuals shall pay the full 
                cost of any education and training received by them 
                unless the Secretary of Transportation determines a 
                lower cost to be in the best interest of the United 
                States.
            ``(4) Training fellowships; cooperation.--The Institute is 
        authorized, subject to approval of the Secretary, to engage in 
        all phases of contract authority for training purposes 
        authorized by this section, including the granting of training 
        fellowships. The Institute is also authorized to carry out its 
        authority independently or in cooperation with any other branch 
        of the Federal Government, State agency, authority, 
        association, institution, corporation (profit or nonprofit), 
        any other national or international entity, or any other 
        person.
            ``(5) Collection of fees.--
                    ``(A) General rule.--The Institute may, in 
                accordance with this subsection, assess and collect 
                fees solely to defray the costs of the Institute in 
                developing or administering education and training 
                programs under this section.
                    ``(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) of this paragraph 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 section; and
                            ``(ii) persons and entities to whom 
                        education or training is provided under this 
                        section.
                            ``(iii) 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), which relate 
                        to such person or entity. All fees collected 
                        under this subsection shall be used to defray 
                        costs associated with the development and/or 
                        administration of education and training 
                        programs authorized by this section.
            ``(6) Funds.--There are authorized to be appropriated, out 
        of the Highway Trust Fund (other than the Mass Transit 
        Account), $8,000,000 for each of fiscal years 1998, 1999, and 
        2000; and $14,000,000 for each of fiscal years 2001, 2002, and 
        2003, to carry out this subsection. The sums provided under 
        this paragraph may be combined with or held separate from the 
        fees or memberships collected under paragraph (b)(5).
            ``(7) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code; except that the Federal share of the cost 
        of any activity under this subsection shall be determined in 
        accordance with this section, and such funds shall remain 
        available for obligation for a period of one year after the 
        last day of the fiscal year for which the funds are authorized.
            ``(8) Contracts.--The provisions of section 3709 of the 
        Revised Statutes (41 U.S.C. 5) shall not be applicable to 
        contracts or agreements made under the authority of this 
        section.
    ``(c) Dwight David Eisenhower Transportation Fellowship Program.--
            ``(1) General authority.--The Secretary may, acting either 
        independently or in cooperation with other Federal departments, 
        agencies, and instrumentalities, make grants for fellowships 
        for any purpose for which research, technology, or capacity 
        building is authorized by this section.
            ``(2) Dwight david eisenhower transportation fellowship 
        program.--The Secretary shall implement a transportation 
        fellowship program for the purpose of attracting qualified 
        students to the field of transportation. Such program shall be 
        known as the `Dwight David Eisenhower Transportation Fellowship 
        Program'. The program shall offer fellowships at the junior 
        through postdoctoral levels of college education. The 
        recipients of the fellowships must be United States citizens.
            ``(3) Funding.--There is authorized to be appropriated, out 
        of the Highway Trust Fund (other than the Mass Transit 
        Account), $2,000,000 for each of the fiscal years 1998, 1999, 
        2000, 2001, 2002, and 2003 to carry out this subsection.
            ``(4) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code; except that the Federal share of the cost 
        of any activity funded under this subsection shall 
be determined by the Secretary, and such funds shall remain available 
for obligation for a period of one year after the last day of the 
fiscal year for which such funds are authorized.
    ``(d) Technology Implementation Partnerships.--
            ``(1) Authority.--The Secretary shall continue the close 
        partnerships established through implementation of the products 
        of the Strategic Highway Research Program (SHRP) and administer 
        a program to move technology and innovation into common 
        practice.
             ``(2) Grants, cooperative agreements and contracts.--The 
        Secretary may make grants and enter into cooperative agreements 
        and contracts to foster alliances and support efforts to bring 
        about technical change in high-payoff areas through--
                    ``(A) sharing technology with the States and 
                industry, supporting the test and evaluation of 
                products, and associated training and communications 
                activities;
                    ``(B) further development and implementation 
                support in areas such as the Superpave system by 
                working with States, academia, and industry to 
                establish a complete program that is well validated and 
                implements performance prediction algorithms;
                    ``(C) providing Federal leadership and support in 
                areas like initiation of regional technology excellence 
                centers, user-producer groups, Long-Term Pavement 
                Performance product implementation, and technology 
                access and exchange programs; and
                     ``(D) efforts to improve information- 
                dissemination networks.
            ``(3) Funding.--There is authorized to be appropriated, out 
        of the Highway Trust Fund (other than the Mass Transit Account) 
        $11,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
        2002, and 2003 to carry out this subsection.
            ``(4) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code; except that the Federal share of the cost 
        of any activity funded under this subsection shall be 
        determined by the Secretary, and such funds shall remain 
        available for obligation for a period of 3 years after the last 
        day of the fiscal year for which such funds are authorized.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of such title 
is amended by adding at the end the following new item:

``327. Professional capacity building and technology partnerships.''.

SEC. 6006. LONG-TERM PAVEMENT PERFORMANCE AND ADVANCED RESEARCH.

    (a) Chapter 3 of such title is further amended by adding at the end 
the following new section:
``Sec. 328. Long-term pavement performance and advanced research
    ``(a) Long-Term Pavement Performance (LTPP).--
            ``(1) Authority.--The Secretary shall continue to 
        completion the long-term pavement performance tests initiated 
        under the Strategic Highway Research Program and advanced by 
        the Intermodal Surface Transportation Efficiency Act through 
        the mid-point of a planned 20-year life.
            ``(2) Grants, cooperative agreements and contracts.--The 
        Secretary shall make grants and enter into cooperative 
        agreements and contracts to:
                    ``(A) Continue the monitoring, material-testing, 
                and evaluation of the approximately 2,500 highway test 
                sections established since 1987 under the program;
                    ``(B) Carry out analyses of the large amounts of 
                data being collected; and
                    ``(C) Prepare the products required to fulfill the 
                original LTPP Program objectives and to meet future 
                pavement technology needs.
            ``(3) Funding.--There is authorized to be appropriated, out 
        of the Highway Trust Fund (other than the Mass Transit 
        Account), $15,000,000 for each of fiscal years 1998, 1999, 
        2000, 2001, 2002, and 2003 to carry out this subsection.
            ``(4) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code; except that the Federal share of the cost 
        of any activity funded under this subsection shall be 
        determined by the Secretary, and such funds shall remain 
        available for obligation for a period of three years after the 
        last day of the fiscal year for which such funds are 
        authorized.
    ``(b) Advanced Research.--
            ``(1) Authority.--The Secretary shall establish an advanced 
        research program that shall address longer-term, higher-risk 
        research that shows potential benefits for improving the 
        durability, mobility, efficiency, environmental impact, 
        productivity, and safety of highway and intermodal 
        transportation systems. In carrying out this program, the 
        Secretary shall strive to develop partnerships with the public 
        and private sectors.
            ``(2) Grants, cooperative agreements and contracts.-- The 
        Secretary may make grants and enter into cooperative agreements 
        and contracts for advanced research in, but is not limited to, 
        the following areas:
                    ``(A) Characterization of materials used in the 
                infrastructure including analytical techniques, 
                microstructure modeling, and the deterioration 
                processes.
                    ``(B) Diagnostics for evaluation of the condition 
                of given bridge and pavement structures to enable 
                assessment of failure risks such as nuclear imaging 
                methods, nonelectrochemical corrosion detection, 
                nonlinear dynamic analysis of structural vibrations, 
                and advanced image analysis methods.
                    ``(C) Design and construction details for composite 
                structures.
                    ``(D) Safety technology based problems in the areas 
                of pedestrian/bicycle safety, roadside hazards, and 
                composite materials for roadside safety hardware.
                    ``(E) Particulate matter source apportionment, 
                control strategy synthesis evaluation and model 
                development.
                    ``(F) Data acquisition techniques for system 
                condition and performance monitoring such as Global 
                Positioning Systems (GPS) for speed and travel surveys, 
                video surveillance for emissions testing, and aerial 
                surveillance to obtain demand and condition data.
                    ``(G) Predicting the response of current and future 
                travelers to new technologies and ways to provide the 
                increasing number of senior citizens with continuing 
                mobility and access.
            ``(3) Funding.--There is authorized to be appropriated, out 
        of the Highway Trust Fund (other than the Mass Transit 
        Account), $10,000,000 for each of the fiscal years 1998, 1999, 
        and 2000, and $20,000,000 for each of fiscal years 2001, 2002, 
        and 2003 to carry out this section.
            ``(4) Contract authority.--Funds authorized by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code; except that the Federal share of the cost 
        of any activity funded under this subsection shall be 
        determined by the Secretary.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of such title 
is amended by adding at the end the following new item:

``328. Long-term pavement performance and advanced research.''.

SEC. 6007. STATE PLANNING AND RESEARCH PROGRAM (SP&R).

    (a) Chapter 3 of such title is further amended by adding at the end 
the following new section:
``Sec. 329. State planning and research program
    ``(a) General Rule.--Two percent of the sums apportioned for 
programs for each fiscal year beginning after September 30, 1997, to 
any State under sections 104 (except subsection 104(f)) and 144 of this 
title and any transfers or additions to the surface transportation 
program shall be available for expenditure by the State transportation 
agency, in consultation with the Secretary. The apportioned sums are 
available only for the following purposes:
            ``(1) intermodal metropolitan, statewide, and non-
        metropolitan planning under sections 134 and 135 of this title.
            ``(2) 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 such 
        systems.
            ``(3) development and implementation of management systems 
        identified in section 303 of this title.
            ``(4) studies of the economy, safety, and convenience of 
        surface transportation usage and the desirable regulation and 
        equitable taxation thereof.
    ``(b) Minimum Expenditures on Research, Development, and Technology 
Transfer Activities.--Not less than 25 percent of the funds that are 
apportioned to a State for a fiscal year and are subject to subsection 
(a) shall be expended by the State transportation agency for research, 
development, and technology transfer activities described in subsection 
(a) of this section relating to surface transportation systems unless 
the State certifies to the Secretary for such fiscal year that total 
expenditures by the State transportation agency for transportation 
planning under sections 134 and 135 will exceed 75 percent of the 
amount of such funds and the Secretary accepts such certification. 
Funds used for research provided under this subsection are not subject 
to an assessment under the Small Business Research and Development Act 
(Public Law 102-564).
    ``(c) Federal Share.--The Federal share payable on account of any 
project financed with funds that are subject to subsection (a) of this 
section shall be 80 percent unless the Secretary determines that the 
interests of the Federal-aid highway program would be best served by 
decreasing or eliminating the non-Federal share.
    ``(d) Administration of Sums.--Funds that are subject to subsection 
(a) of this section 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 118(b)(2) of this title.''.
    (b) Conforming Amendments.--The analysis for chapter 3 of such 
title is amended by adding at the end the following new item:

``329. State planning and research program.''.

SEC. 6008. USE OF BUREAU OF INDIAN AFFAIRS' ADMINISTRATIVE FUNDS.

    Section 204(b) of such title is amended at the end of the last 
sentence, by striking ``326'' and inserting ``327''.

         PART B--INTELLIGENT TRANSPORTATION SYSTEMS ACT OF 1997

SEC. 6051. SHORT TITLE AND PREAMBLE.

    (a) Short Title.--This part may be cited as the ``Intelligent 
Transportation Systems Act of 1997''.
    (b) Preamble.--The research and tests conducted under the 
Intelligent Transportation Systems Act of 1991 demonstrated the 
potential benefit and readiness of Intelligent Transportation Systems 
to enhance the safety and efficiency of surface transportation 
operations in a variety of ways. The Intelligent Transportation Systems 
Act of 1997 provides for the accelerated deployment of proven 
technologies and concepts, while also increasing the Federal commitment 
to improving surface transportation safety through aggressive, long-
range research, development, testing, and promotion of crash avoidance 
technologies and systems in cooperation with industry.

SEC. 6052. DEFINITIONS; CONFORMING AMENDMENT.

    (a) For the purposes of this part, the following definitions apply:
            (1) Advanced rural transportation systems.--The term 
        ``Advanced Rural Transportation Systems'' means the 
        construction, or acquisition, and operation of ITS 
        predominantly outside of metropolitan areas, and 
including public lands such as National Parks, monuments, and 
recreation areas, for the purposes of providing--
                    (A) traveler safety and security advisories and 
                warnings;
                    (B) emergency ``Mayday'' services to notify public 
                safety and emergency response organizations of 
                travelers in need of emergency services;
                    (C) tourism and traveler information services;
                    (D) public mobility services to improve the 
                efficiency and accessibility of rural transit service;
                    (E) enhanced rural transit fleet operations and 
                management;
                    (F) improved highway operations and maintenance 
                through the rapid detection of severe weather 
                conditions, hazardous road and bridge conditions, and 
                imminent danger to construction and maintenance crews 
                from errant vehicles in work zones; and
                    (G) Commercial Vehicle Operations (CVO) user 
                services.
            (2) CVISN.--The term ``Commercial Vehicle Information 
        Systems and Networks'' means the information systems and 
        communications networks that support CVO.
            (3) CVO.--The term ``Commercial Vehicle Operations'' means 
        motor carrier operations and motor vehicle regulatory 
        activities associated with the commercial movement of goods, 
        including hazardous materials, and passengers. Public sector 
        CVO activities include the issuance of operating credentials, 
        motor vehicle and fuel tax administration, and roadside safety 
        and border crossing inspection and regulatory compliance 
        operations.
            (4) Intelligent transportation infrastructure.--The term 
        ``Intelligent Transportation Infrastructure'' means the initial 
        construction or acquisition of fully integrated public sector 
        ITS components as defined by the Secretary, including traffic 
        signal control systems, freeway management systems, incident 
        management systems, transit management systems, regional multi-
        modal traveler information systems, emergency management 
        services, electronic toll collection systems, electronic fare 
        payment systems, ITS-based railroad grade crossing safety 
        systems, roadway weather information and prediction systems, 
        advanced rural transportation systems, and commercial vehicle 
        information systems and networks.
            (5) Intelligent transportation systems.--The term 
        ``intelligent transportation systems'' means the development or 
        application of electronics, communications, or information 
        processing (including advanced traffic management systems, 
        commercial vehicle operations, advanced traveler information 
        systems, commercial and advanced vehicle control systems, 
        advanced public transportation systems, satellite vehicle 
        tracking systems, and advanced vehicle communications systems) 
        used singly or in combination to improve the efficiency and 
        safety of surface transportation systems.
            (6) ITS collision avoidance systems.--The term ``ITS 
        Collision Avoidance Systems'' means an intelligent 
        transportation system that assists vehicle operators to avoid 
        collisions that would otherwise occur.
            (7) National architecture.--The term ``National 
        Architecture'' means the common framework for interoperability 
        adopted by the Secretary, and which defines the functions 
        associated with ITS user services, the physical entities or 
        subsystems within which such functions reside, the data 
        interfaces and information flows between physical subsystems, 
        and the communications requirements associated with information 
        flows.
            (8) National ITS Program Plan.--The term ``National ITS 
        Program Plan'' means the March 1995 First Edition of the 
        National ITS Program Plan jointly developed by the U.S. 
        Department of Transportation and the Intelligent Transportation 
        Society of America, and subsequent revisions issued by the 
        Secretary pursuant to paragraph 6055(a)(1).
            (9) State.--The term ``State'' has the meaning such term 
        has under section 101 of title 23, United States Code.
    (b) National Highway System.--The undesignated paragraph in section 
101(a) of title 23, United States Code, relating to the National 
Highway System is amended by inserting after ``title'' the following: 
``and the Intelligent Transportation Infrastructure associated with 
such system.''.
    (c) Conforming Amendment.--The Intermodal Surface Transportation 
Efficiency Act of 1991 is amended by striking part B of title VI.

SEC. 6053. SCOPE OF PROGRAM.

    (a) Scope.--Subject to the provisions of this part, the Secretary 
shall conduct an ongoing program to research, develop, and 
operationally test intelligent transportation systems and advance 
Nation-wide deployment of such systems as a component of the Nation's 
surface transportation systems.
    (b) Goals.--The goals of the program to be carried out under this 
part shall include, but not be limited to:
            (1) the widespread planning, implementation and operation 
        of integrated, intermodal, interoperable intelligent 
        transportation infrastructure, in conjunction with 
        corresponding private sector systems and products, to enhance 
        the capacity, efficiency, and safety of surface transportation, 
        using the authorities provided under sections 103, 119, 133, 
        134, 135, 149, and 402 of title 23, and sections 31102, 5307, 
        and 5309 of title 49, United States Code;
            (2) the protection and enhancement of the natural 
        environment and communities affected by surface transportation, 
        with special emphasis on assisting the efforts of the States to 
        attain air quality goals established pursuant to the Clean Air 
        Act, while addressing the transportation demands of an 
        expanding economy;
            (3) the enhancement of safe operation of the Nation's 
        surface transportation systems with a particular emphasis on 
        aspects of intelligent transportation systems that will 
        decrease the number and severity of collisions and 
        identification of aspects of such systems that may degrade 
        safety, and on in-vehicle systems that bring about a 
        significant reduction in the deaths and injuries by helping 
        prevent collisions that would otherwise occur;
            (4) the enhancement of surface transportation operational 
        and transactional efficiencies to allow existing facilities to 
be used to meet a significant portion of future transportation needs, 
and to reduce regulatory, financial, and other transaction costs to 
public agencies and system users;
            (5) research, development, investigation, documentation, 
        and promotion of intelligent transportation systems and the 
        public sector organizational capabilities needed to perform or 
        manage the planning, implementation, and operation of 
        intelligent transportation infrastructure in the United States, 
        using authorities provided under section 307 of title 23, 
        United States Code, and sections 111, 112, 301, 30168, 31106, 
        5312, 5337, and 20108 of title 49, United States Code;
            (6) the enhancement of the economic efficiency of surface 
        transportation systems to improve Americas competitive position 
        in the global economy;
            (7) the enhancement of public accessibility to activities, 
        goods, and services, through the preservation, improvement and 
        expansion of surface transportation system capabilities, 
        operational efficiency, and intermodal connections;
            (8) the development of a technology base and necessary 
        standards and protocols for intelligent transportation systems; 
        and
            (9) the improvement of the Nations ability to respond to 
        emergencies and natural disasters, and the enhancement of 
        national defense mobility.

SEC. 6054. GENERAL AUTHORITIES AND REQUIREMENTS.

    (a) Cooperation.--In carrying out the program under this part, the 
Secretary shall foster enhanced operations and management of the 
Nation's surface transportation systems, strive to achieve the 
widespread deployment of intelligent transportation systems, and 
continue to advance emerging technologies, in cooperation with State 
and local governments and the United States private sector. As 
appropriate, in carrying out the program under this part, the Secretary 
shall consult with the Secretary of Commerce, the Secretary of the 
Treasury, the Administrator of the Environmental Protection Agency, the 
Director of the National Science Foundation, and the heads of other 
interested Federal departments and agencies and shall maximize the 
involvement of the United States private sector, colleges and 
universities, including Historically Black Colleges and Universities 
and other Minority Institutions of Higher Education, and State and 
local governments in all aspects of the program, including design, 
conduct (including operations and maintenance), evaluation, and 
financial or in-kind participation.
    (b) Standards.--The Secretary shall develop, implement, and 
maintain a National Architecture and supporting standards and protocols 
to promote the widespread use and evaluation of intelligent 
transportation systems technology as a component of the Nation's 
surface transportation systems. To the extent practicable, such 
standards and protocols shall promote interoperability among 
intelligent transportation systems technologies implemented throughout 
the States. In carrying out this subsection, the Secretary may use the 
services of such existing standards-setting organizations as the 
Secretary determines appropriate. The Secretary shall consult with the 
Secretary of Commerce, the Secretary of Defense, and the Federal 
Communications Commission, and take all actions the Secretary deems 
necessary to secure the necessary spectrum for the near-term 
establishment of a dedicated short-range vehicle to wayside wireless 
standard.
    (c) Evaluation.--The Secretary shall prescribe guidelines and 
requirements for the independent evaluation of field and related 
operational tests carried out pursuant to section 6056, including 
provisions to ensure the objectivity and independence of the evaluator 
needed to avoid any real or apparent conflict of interest or potential 
influence on the outcome by parties to such tests or any other formal 
evaluation conducted under this part. Any survey, questionnaire, or 
interview which the Secretary considers necessary to carry out the 
evaluation of such tests or program assessment activities under this 
part shall not be subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520).
    (d) Information Clearinghouse.--
            (1) Clearinghouse.--The Secretary shall establish and 
        maintain a repository for technical and safety data collected 
        as a result of federally sponsored projects carried out 
        pursuant to this part and shall make, upon request, such 
        information (except for proprietary information and data) 
        readily available to all users of the repository at an 
        appropriate cost.
            (2) Delegation of authority.--The Secretary may delegate 
        the responsibility of the Secretary under this subsection, with 
        continuing oversight by the Secretary, to an appropriate entity 
        not within the Department of Transportation. If the Secretary 
        delegates such responsibility, the entity to which such 
        responsibility is delegated shall be eligible for Federal 
        assistance under this part.
    (e) Advisory Committees.--The Secretary may utilize one or more 
advisory committees in carrying out this part. Any advisory committee 
so utilized shall be subject to the Federal Advisory Committee Act. 
Funding provided for any such committee shall be available from moneys 
appropriated for advisory committees as specified in relevant 
appropriations acts and from funds allocated for research, development, 
and implementation activities in connection with the intelligent 
transportation systems program under this part.
    (f) Authority To Use Funds.--Each State and eligible local entity 
is authorized to use funds provided under this part or under section 
1030 of the National Economic Crossroads Transportation Efficiency Act 
of 1997, sections 103, 119, 133, 149, and 402, of title 23, and 
sections 31102, 5307, 5309, 5310, and 5311 of title 49, United States 
Code, in accordance with the provisions of each of these sections, for 
implementation, modernization, and operational purposes in connection 
with intelligent transportation infrastructure and systems.
    (g) Conformity With Standards.--The Secretary shall ensure that the 
implementation of intelligent transportation systems using funds 
authorized under this part conform to the National Architecture and ITS 
standards and protocols, developed under subsection (b), except for 
projects using funds authorized for specific research objectives in the 
National ITS Program Plan under section 6055 of this part.
    (h) Life-Cycle Cost Analysis.--The Secretary shall require an 
analysis of the life-cycle costs of each project using Federal funds 
referenced in subsection (f) of this section, and those authorized in 
section 6057 of this part, for operations and maintenance of ITS 
elements, where the total initial capital costs of the ITS elements 
exceeds $3 million.
    (i) Procurement Methods.--To meet the need for effective 
implementation of ITS 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 ITS 
projects, including innovative and nontraditional methods of 
procurement.

SEC. 6055. NATIONAL ITS PROGRAM PLAN, IMPLEMENTATION, AND REPORT TO 
              CONGRESS.

    (a) National ITS Program Plan.--
            (1) Updates.--The Secretary shall maintain and update the 
        National ITS Program Plan as necessary.
            (2) Scope.--The plan shall--
                    (A) specify the goals, objectives, and milestones 
                for the deployment of intelligent transportation 
                infrastructure in the context of major metropolitan 
                areas, smaller metropolitan and rural areas, and 
                commercial vehicle information systems and networks, 
                and how specific programs and projects relate to the 
                goals, objectives, and milestones, including 
                consideration of the 5-, 10- and 20-year timeframes for 
                the goals and objectives;
                    (B) establish a course of action necessary to 
                achieve the program's goals and objectives;
                    (C) provide for the evolutionary development of 
                standards and protocols to promote and ensure 
                interoperability in the implementation of intelligent 
                transportation systems technologies; and
                    (D) establish a cooperative process with State and 
                local governments for determining desired surface 
                transportation system performance levels and 
                development of plans for national incorporation of 
                specific ITS capabilities into surface transportation 
                systems.
    (b) Demonstration and Evaluation of Intelligent Vehicle Systems.--
The Secretary shall conduct research and development activities for the 
purpose of demonstrating integrated intelligent vehicle systems. Such 
research shall include state-of-the-art preproduction systems and shall 
integrate collision avoidance, in-vehicle information, and other safety 
related systems. Development work shall incorporate human factors 
research findings to improve situational awareness of drivers and 
ensure success of the man-machine relationship. This program shall 
build on the technologies developed as part of the NHTSA Crash 
Avoidance and FHWA Automated Highway System programs and shall be 
conducted in cooperation with private industry, educational 
institutions, and other interested parties.
    (c) Implementation Reports.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and biennially thereafter, the 
        Secretary shall submit to Congress a report on implementation 
        of the National ITS Program Plan under subsection (a) of this 
        section.
            (2) Scope of implementation reports.--In preparing reports 
        under this subsection, the Secretary shall--
                    (A) summarize the status of intelligent 
                transportation infrastructure deployment progress;
                    (B) analyze the possible and actual accomplishments 
                of ITS projects in achieving congestion, safety, 
                environmental, and energy conservation goals and 
                objectives;
                    (C) assess nontechnical problems and constraints 
                identified, including the inability to secure suitable 
                spectrum allocations to implement a national or 
                international dedicated short range vehicle to wayside 
                communication standard; and
                    (D) include, if appropriate, any recommendations of 
                the Secretary for legislation or modification to the 
                National ITS Program Plan developed under subsection 
                (a).

SEC. 6056. TECHNICAL, TRAINING, PLANNING, RESEARCH AND OPERATIONAL 
              TESTING PROJECT ASSISTANCE.

    (a) Technical Assistance, Training, and Information.--The Secretary 
may provide planning and technical assistance, training, and 
information to State and local governments seeking to implement, 
operate, maintain, and evaluate ITS technologies and services.
    (b) Planning Assistance.--The Secretary may make available 
financial assistance under this section to support adequate 
consideration of transportation system management and operations, 
including intelligent transportation systems and technologies, within 
metropolitan and statewide transportation processes. Such financial 
assistance shall be made available at such time, in such amounts and 
subject to such conditions as the Secretary may determine. The 
Secretary shall develop appropriate technical assistance to support the 
consideration of operations and management issues within metropolitan 
and statewide transportation planning.
    (c) Eligibility of Certain Entities.--Any commercial vehicle 
regulatory agency and any interagency traffic, transportation, or 
incident management entity, including independent public authorities or 
agencies, contracted by a State or local transportation agency for the 
planning, system development, evaluation, implementation, or operation 
of intelligent transportation infrastructure, including commercial 
vehicle information systems and networks, within a designated area or 
along a specific corridor are eligible to receive Federal assistance 
under this part.
    (d) Research and Operational Testing Projects.--The Secretary may 
provide funding to Federal agencies and make grants to non-Federal 
entities, including State and local governments, universities, 
including Historically Black Colleges and Universities and other 
Minority Institutions of Higher Education, and other persons, for 
research and operational tests relating to intelligent transportation 
systems. In deciding which projects to fund under this subsection, the 
Secretary shall--
            (1) give the highest priority to those projects that will--
                    (A) contribute to the goals and objectives 
                specified in the National ITS Program Plan developed 
                under section 6055 of this part;
                    (B) minimize the relative percentage and amount of 
                Federal contributions under this part to total project 
costs;
                    (C) validate and accelerate the establishment and 
                widespread conformance with the National Architecture 
                and related standards and protocols;
                    (D) enhance traffic safety through accelerating the 
                deployment of ITS collision avoidance products through 
                the combined efforts of the Federal Government and 
                industry;
                    (E) demonstrate innovative arrangements for multi-
                agency and/or private sector participation in the 
                cooperative financing of the deployment and/or 
                operation of intelligent transportation systems; and
                    (F) validate the effectiveness of integrated, 
                intelligent transportation systems and infrastructure 
                in enhancing the safety and efficiency of surface 
                transportation within metropolitan and rural areas;
            (2) seek to fund operational tests that advance the current 
        state of knowledge in direct support of national ITS research 
        and technology objectives as defined in the National ITS 
        Program Plan under section 6055 of this part; and
            (3) require that operational tests utilizing Federal funds 
        under this part have a written evaluation of the intelligent 
        transportation systems technologies investigated and of the 
        results of the investigation which is consistent with the 
        guidelines developed under subsection 6054(c) of this part.

SEC. 6057. APPLICATIONS OF TECHNOLOGY.

    (a) Intelligent Transportation Infrastructure Deployment Incentives 
Program.--The Secretary shall conduct a program to promote the 
deployment of regionally integrated, intermodal intelligent 
transportation systems and, through financial and technical assistance 
under this part, shall assist in the development and implementation of 
such systems, leveraging to the maximum extent funding from other 
sources. In metropolitan areas, funding provided under this part shall 
primarily support activities which integrate existing intelligent 
transportation infrastructure elements or those implemented with other 
sources of public or private funding. For commercial vehicle projects 
and projects outside metropolitan areas, funding provided under this 
part may also be used for installation of intelligent transportation 
infrastructure elements.
    (b) Priorities.--In providing funding for projects under this 
section, the Secretary shall allocate not less than 25 percent of the 
funds made available to carry out this section to eligible State or 
local entities for the implementation of commercial vehicle information 
systems and networks, and international border crossing improvements 
(in accordance with the requirements of this section and section 1030 
of the National Economic Crossroads Transportation Efficiency Act of 
1997), in support of public sector CVO activities nationwide, and not 
less than 10 percent for other intelligent transportation 
infrastructure deployment activities outside of metropolitan areas. In 
accordance with the National ITS Program Plan under section 6055 of 
this part, the Secretary shall provide incentives for the deployment of 
integrated applications of intermodal intelligent transportation 
infrastructure and system technologies so as to--
            (1) stimulate sufficient deployment to validate and 
        accelerate the establishment of national ITS standards and 
        protocols;
            (2) realize the benefits of regionally integrated, 
        intermodal deployment of intelligent transportation 
        infrastructure and commercial vehicle operations, including 
        electronic border crossing applications; and
            (3) motivate innovative approaches to overcoming non-
        technical constraints or impediments to deployment.
    (c) Project Selection.--To be selected for funding under this 
section, a project shall--
            (1) contribute to national deployment goals and objectives 
        outlined in the National ITS Program Plan under section 6055 of 
        this part;
            (2) demonstrate a strong commitment to cooperation among 
        agencies, jurisdictions, and the private sector, as evidenced 
        by signed Memorandums of Understanding that clearly define the 
        responsibilities and relation of all parties to a partnership 
        arrangement, including institutional relationships and 
        financial agreements needed to support deployment, and 
        commitment to the criteria provided in paragraphs (3) through 
        (7) of this subsection;
            (3) demonstrate commitment to a comprehensive plan of fully 
        integrated ITS deployment in accordance with the national ITS 
        architecture and established ITS standards and protocols;
            (4) be part of approved plans and programs developed under 
        applicable statewide and metropolitan transportation planning 
        processes and applicable State air quality implementation plans 
        at the time Federal funds are sought;
            (5) be instrumental in catalyzing corresponding public or 
        private ITS investments and that minimize the relative 
        percentage and amount of Federal contributions under this 
        section to total project costs;
            (6) include a sound financial approach to ensuring 
        continued, long-term operations and maintenance without 
        continued reliance on Federal funding under this part, along 
        with documented evidence of fiscal capacity and commitment from 
        anticipated public and private sources; and
            (7) demonstrate technical capacity for effective operations 
        and maintenance or commitment to acquiring necessary skills.
    (d) Funding Restrictions and Limitations.--Funding eligibility 
under this section for intelligent transportation infrastructure 
projects in metropolitan areas shall be limited to items necessary to 
integrate intelligent transportation system elements either deployed or 
to be deployed by various implementing public and private agencies and 
organizations. Annual awards shall be limited to $15 million per 
metropolitan area, $2 million per rural project, and $5 million per 
CVISN project, provided that no more than $35 million shall be awarded 
annually within any State.

SEC. 6058. FUNDING.

    (a) Intelligent Transportation Infrastructure Deployment Incentives 
Program.--There is authorized to be appropriated to the Secretary for 
carrying out section 6057 of this part, out of the Highway Trust Fund 
(other than the Mass Transit Account), $100,000,000 for each of fiscal 
years 1998, 1999, 2000, 2001, 2002, and 2003. In addition to amounts 
made available by subsection (b) of this section, any amounts 
authorized by this subsection and not allocated by the Secretary for 
carrying out section 6057 of this part may be used by the Secretary for 
carrying out other activities authorized under this part.
    (b) ITS Research and Program Support Activities.--There is 
authorized to be appropriated to the Secretary for carrying out multi-
year research and technology development initiatives under this part 
(other than section 6057), out of the Highway Trust Fund (other than 
the Mass Transit Account), $96,000,000 for each of fiscal years 1998, 
1999, and 2000, and $130,000,000 for each of fiscal years 2001, 2002, 
and 2003.
    (c) Federal Share Payable.--
            (1) For activities funded under subsection (a) of this 
        section, the Federal share payable from the sums authorized 
        under subsection (a) shall not exceed 50 percent of the costs 
        thereof, and the total Federal share payable from all eligible 
        sources (including subsection (a)) shall not exceed 80 percent 
        of the costs thereof.
            (2) For activities funded under subsection (b) of this 
        section, unless the Secretary determines otherwise, the Federal 
        share payable on account of such activities shall not exceed 80 
        percent of the costs thereof.
            (3) For long range activities undertaken in partnership 
        with private entities for the purposes of subsection 6055(b) of 
        this part, the Federal share payable on account of such 
        activities shall not exceed 50 percent of the costs thereof.
            (4) The Secretary shall seek maximum participation in the 
        funding of such activities under this part from other public 
        and private sources, and shall minimize the use of funds 
        provided under this part for the construction or long-term 
        acquisition of buildings and grounds.
    (d) Applicability of Title 23.--Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any activity under this 
section shall be determined in accordance with this section, and such 
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.

                           TITLE VII--REVENUE

SEC. 7001. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This title may be cited as the ``Surface 
Transportation Revenue Act of 1997''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

SEC. 7002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.

    (a) Extension of Taxes and Exemptions.--(1) The following 
provisions are each amended by striking ``1999'' each place it appears 
and inserting ``2005'':
            (A) Section 4041(a)(1)(C)(iii) relating to the partial 
        exemption for intercity bus special fuel.
            (B) Section 4041(m)(1)(A)(i) relating to special rates for 
        partially exempt methanol or ethanol fuel.
            (C) Section 4041(m)(1)(A)(ii) relating to special rates for 
        partially exempt methanol or ethanol fuel.
            (D) Section 4051(c) relating to tax on heavy trucks and 
        trailers sold at retail.
            (E) Section 4071(d) relating to the tax imposed on tires 
        used on highway vehicles.
            (F) Section 4081(d)(1) relating to the imposition of tax on 
        gasoline and diesel fuel.
            (G) Section 4481(e) relating to the heavy vehicle use tax.
    (2) The following provisions are each amended by striking ``2000'' 
each place it appears and inserting ``2006'':
            (A) Section 4041(b)(2)(C) relating to special rates for 
        qualified methanol and ethanol fuels.
            (B) Section 4041(k)(3) relating to special rates for fuels 
        containing alcohol.
            (C) Section 4081(c)(8) relating to taxable fuels mixed with 
        alcohol.
    (b) The following provisions relating to the Highway Trust Fund are 
amended as follows:
            (1) Section 9503(b)(1) by striking ``1999'' and inserting 
        ``2005''.
            (2) Section 9503(b)(2) by striking ``1999'' and inserting 
        ``2005'' and by striking ``2000'' and inserting ``2006''.
            (3) Section 9503(c)(1) by striking ``1997'' and inserting 
        ``2003''.
            (4) Section 9503(c)(1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (C) and the second sentence of subparagraph (D); and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(E) authorized to be paid out of the Highway 
                Trust Fund under the National Economic Crossroads 
                Transportation Efficiency Act of 1997. In determining 
                the authorizations under the Acts referred to in the 
                preceding subparagraphs, such Acts shall be applied as 
                in effect on the date of enactment of the National 
                Economic Crossroads Transportation Efficiency Act of 
                1997.''.
            (5) Section 9503(c)(2) by striking ``1999'' each place it 
        appears and inserting ``2005''.
            (6) Section 9503(c)(2)(A)(i) by striking ``2000'' and 
        inserting ``2006''.
            (7) Section 9503(c)(3) by striking ``1999'' in the 
        paragraph heading and inserting ``2005'' and by striking ``July 
        1, 2000'' and inserting ``July 1, 2006''.
            (8) Section 9503(c)(4)(A)--
                    (A) in clause (i) by striking ``1997'' and 
                inserting ``2003''; and
                    (B) by amending clause (ii) to read as follows:
                            ``(ii) Limit on transfers during any fiscal 
                        year.--The aggregate amount transferred under 
                        this subparagraph during any fiscal year shall 
                        not exceed $35,000,000 for fiscal year 1998 
                        ($55,000,000 for fiscal year 1998 if a transfer 
                        of $20,000,000 for such fiscal year is not made 
                        to the Secretary of Transportation pursuant to 
                        section 4 of the Act of August 9, 1950 (16 
                        U.S.C. 777c)) and $55,000,000 for each fiscal 
                        year thereafter.''.
            (9) Section 9503(c)(5) by striking ``1997'' and inserting 
        ``2003''.
            (10) Section 9503(c)(6)(E) by striking ``1997'' and 
        inserting ``2003''.
            (11) Section 9503(f)(3) by striking ``1999'' and inserting 
        ``2005''.
            (12) Section 9503(f)(4) by striking ``2000'' and inserting 
        ``2006''.
    (c) Elimination of National Recreational Trails Trust Fund.--
Section 9511 is repealed.
    (d) Aquatic Resources Trust Fund.--
            (1) Section 9504(c) is amended to read as follows:
    ``(c) Expenditures From Boat Safety Account.--Amounts in the Boat 
Safety Account shall be available for making expenditures before 
October 1, 2004, to carry out the purposes of section 13106 of title 
46, United States Code, and shall remain available until expended. The 
amounts transferred annually under section 9503(c)(4)(A)(ii) shall be 
available without further appropriation.''.
            (2) Conforming amendments.--Section 13106 of title 46, 
        United States Code, is amended--
                    (A) in subsection (a)(1) by striking the first 
                sentence and inserting ``Subject to paragraph (2), the 
                Secretary may expend in each fiscal year, without 
                further appropriation, the amount transferred for such 
                fiscal year to the Boat Safety Account under section 
                9503(c)(4) of the Internal Revenue Code of 1986 (26 
                U.S.C. 9503(c)(4)).'' in its place; and
                    (B) by striking all of subsection (c).
    (e) Preservation of Motorboat Diesel Fuel Tax Expiration Date.--
Section 4041(a)(1)(D)(i) is amended to read as follows:
                            ``(i) after December 31, 1999, the rate of 
                        tax imposed by this paragraph is 4.3 cents per 
                        gallon, and''.

SEC. 7003. COMMUTER BENEFIT.

    (a) Section 132(f) is amended by striking paragraph (4) and 
inserting the following:
            ``(4) Benefit not in lieu of compensation.--Subsection 
        (a)(5) shall not apply to any qualified transportation fringe 
        unless such benefit is provided in addition to (and not in lieu 
        of) any compensation otherwise payable to the employee. This 
        paragraph shall not apply to any qualified parking provided in 
        lieu of compensation which otherwise would have been includible 
        in gross income of the employee.''.

SEC. 7004. MASS TRANSIT ACCOUNT.

    (a) Section 9503(e)(3) is amended to read as follows:
            ``(3) Expenditures from account.--Amounts shall be 
        available, as provided by appropriation Acts, for making 
        expenditures before October 1, 2003 to meet those obligations 
        of the United States heretofore or hereafter incurred which are 
        authorized by--
                    ``(A) section 5338 of title 49;
                    ``(B) the Intermodal Surface Transportation 
                Efficiency Act of 1991;
                    ``(C) the Federal Mass Transportation Amendments of 
                1997; or
                    ``(D) section 17(d) of the National Capital 
                Transportation Act of 1969 (Public Law 91-143; 83 Stat. 
                320) as amended by the National Economics Crossroad 
                Transportation Efficiency Act of 1997.''.
    (b) Section 9503(e)(4) is amended to read as follows:
                    ``(4) Limitation.--Rules similar to the rules of 
                subsection (d) shall apply to the Mass Transit 
                Account.''.

SEC. 7005. MOTOR VEHICLE SAFETY AND COST SAVINGS PROGRAMS.

    Section 9503(c) (relating to expenditures from the Highway Trust 
Fund) is amended by inserting the following at the end:
            ``(7) Motor vehicle safety and cost savings programs.--
        Amounts in the Highway Account shall be available, as provided 
        by appropriation Acts, for making expenditures before October 
        1, 2003, in accordance with chapter 301 of title 49, United 
        States Code (`Motor Vehicle Safety'), chapter 303 of title 49, 
        United States Code (`National Driver Register'), and part C of 
        subtitle VI of title 49, United States Code (`Information, 
        Standards, and Requirements').''.

SEC. 7006. GENERAL FUND TRANSFERS FOR TRANSPORTATION-RELATED PROGRAMS.

    Section 9503(c) (relating to expenditures from the Highway Trust 
Fund) is amended by inserting the following after paragraph (7) (as 
added by this title):
            ``(8) Transfers for transportation-related program 
        expenditures in fiscal years 1998-2003.--
                    ``(A) In each of the fiscal years beginning in 1998 
                and ending in fiscal year 2003, the Secretary shall 
                transfer receipts from the Highway Trust Fund (other 
                than the Mass Transit Account) into the General Fund of 
                the Treasury in an amount equal to the enacted 
                appropriations of the transportation related portion of 
                the following accounts: Department of Energy, `Energy 
                Conservation' account; Department of the Interior, 
                United States Park Service, `Construction' account; 
                Department of the Interior, Bureau of Indian Affairs, 
                `Construction' account; Department of Agriculture, 
                United States Forest Service, `Reconstruction and 
                Construction' account, Department of Agriculture, 
                United States Forest Service, `National Forest System' 
                account; Department of Housing and Urban Development, 
                `Community Development Block Grant'; Environmental 
                Protection Agency, `Environmental Programs and 
                Management' account; Appalachian Regional Commission, 
                `Appalachian Regional Commission' account; and costs 
                associated with the procurement of Federal Alternative 
                Fuels Acquisition.
                    ``(B) Thirty days after transferring the receipts 
                to the General Fund, the Secretary shall report to 
                Congress the amounts so transferred by account.''.

                  TITLE VIII--RAIL PASSENGER PROGRAMS

SEC. 8001. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104 of title 49, United States Code, is amended to read 
as follows:
``Sec. 24104. Authorization of appropriations
    ``(a) Operating Grants.--There are authorized to be appropriated to 
the Secretary from the Highway Trust Fund (other than from the Mass 
Transit Account) to make grants to Amtrak for operating expenses, 
$344,000,000 in fiscal year 1998, $292,000,000 in fiscal year 1999, 
$242,000,000 in fiscal year 2000, $192,000,000 in fiscal year 2001, 
$142,000,000 in fiscal year 2002, and $142,000,000 in fiscal year 2003, 
provided, however, that grants in fiscal years 2002 and 2003 shall not 
be made to offset operating losses, other than for payments to the 
railroad retirement and railroad unemployment systems.
    ``(b) Capital Investments.--There are authorized to be appropriated 
to the Secretary from the Highway Trust Fund (other than from the Mass 
Transit Account) to make grants to Amtrak for capital investments, 
including expenses related to debt service and investments in the 
Northeast Corridor authorized by section 24909(a) of this title, 
$423,450,000 in each of the fiscal years 1998, 1999, 2000, 2001, 2002, 
and 2003.
    ``(c) Supplemental Capital Investments.--(1) There are authorized 
to be appropriated to the Secretary from the Highway Trust Fund (other 
than from the Mass Transit Account) to make grants to Amtrak for 
supplemental capital investments, including expenses related to debt 
service and investments in the Northeast Corridor authorized by section 
24909(a) of this title, $130,000,000 in fiscal year 1999, $140,000,000 
in fiscal year 2000, $177,000,000 in fiscal year 2001, $262,000,000 in 
fiscal year 2002, and $165,000,000 in fiscal year 2003.
    ``(2) The Secretary may make grants to Amtrak for supplemental 
capital investments up to the maximum amount authorized:
            ``(A) For fiscal year 1999, if the Secretary determines 
        that Amtrak has taken specific and measurable actions to reduce 
        expenses and increase revenues consistent with a plan to 
        achieve the operating subsidy reductions identified in 
        subsection (a) of this section.
            ``(B) For fiscal years 2000, 2001, 2002, and 2003, if the 
        Secretary determines, based upon a report from Amtrak's 
        independent auditor, that during the penultimate fiscal year, 
        Amtrak's revenues plus the amount of operating assistance 
        authorized for that year under subsection (a) of this section 
        equaled or exceeded Amtrak's operating expenses for that year.
            ``(C) The Secretary shall provide the appropriations 
        committees of the Senate and the House of Representatives, at 
        the time of the submittal of the President's annual budget 
        request, the current approved plan to achieve Amtrak's 
        operating subsidy reductions and a report on Amtrak's progress 
        in implementing that plan.
    ``(d) Definition.--As used in this section, capital investments are 
those expenditures that are commonly classified by freight or commuter 
railroads as capital improvements in accordance with the current 
findings of the Financial Accounting Standards Board.
    ``(e) Contract Authority.--Notwithstanding any other provision of 
law, approval by the Secretary in fiscal year 1999 or thereafter of a 
grant or contract with funds made available by paragraphs (a), (b), 
(c), or (d) of this section shall be deemed a contractual obligation of 
the United States.
    ``(f) Availability of Appropriations.--Amounts appropriated under 
this section remain available until expended.
    ``(g) Limitations on Use.--Amounts appropriated under this section 
may not be used to subsidize operating losses of commuter rail 
passenger or rail freight transportation.''.
                                 <all>