[Congressional Record Volume 143, Number 121 (Friday, September 12, 1997)]
[Senate]
[Pages S9252-S9297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN:
S. 1172. A bill for the relief of Sylvester Flis; to the Committee on
the Judiciary.
PRIVATE RELIEF LEGISLATION
Mr. DURBIN. Mr. President, I rise today to offer legislation on
behalf of Mr. Sylvester Flis, a permanent resident alien from Poland,
now living in Chicago. This bill would grant immediate citizenship to
Sylvester by waiving the mandatory 5-year waiting period required of
all permanent residents wishing to become U.S. citizens. Out of great
respect for what U.S. citizenship stands for and the privileges it
bestows, the Senate has rarely granted this kind of request, and only
in cases that it deems to be uniquely compelling. After hearing
Sylvester's story, I am confident my colleagues will agree with me that
this request fulfills this high standard and is therefore deserving of
their support.
Sylvester entered this country as a permanent resident in July 1994
after learning that his grandmother, by virtue of having been born in
New Haven, CT and being a U.S. citizen, could sponsor her family to be
in the United States. He now lives in Chicago with his parents, Czeslaw
and Lucja, his sister, Anna, and brother, Ireneusz.
Like many young Eastern Europeans who grew up during the final years
of Soviet domination, Sylvester, now 23 years of age, is eager to take
advantage of the opportunities offered by his new found freedom. He
currently takes English classes and is working toward his GED, general
equivalency diploma. Sylvester works for his uncle's carpentry business
and hopes to eventually find a job in electronics, which is what he
studied as a student in Poland. Like the millions of immigrants who
have preceded him, Sylvester has left behind the security of friends
and familiar surroundings to come to the United States to share his
talents and make our Nation a stronger one.
Two things, however, make Sylvester very different from most
immigrants. First, he suffers from a disease known as spina bifida.
Spina bifida is the failure of the spine to close during the first
month of pregnancy. This results in varying degrees of paralysis, loss
of sensation in the lower limbs, difficulty with bowel and bladder
management, and learning disabilities. As a result of his condition,
Sylvester is confined to a wheelchair.
The second thing that distinguishes Sylvester from most immigrants is
that he is a world class athlete. Despite his condition, Sylvester has
developed into one of the top sled hockey players in the country. I
imagine most of you are unfamiliar with sled hockey, as was I until I
became familiar with Sylvester's story. Sled hockey is a variation of
regular hockey that is played by disabled individuals on a regulation
rink. Sled hockey has all the same rules as regular hockey except that
players use sleds, rather than ice skates, to maneuver around the ice.
Last Spring, Sylvester competed with the United States National Team
in international sled hockey competitions in Sweden and the United
Kingdom. He hopes to compete with the United States in the 1998
Paralympics in Nagano, Japan next March. The Paralympics are an
international athletic competition for individuals with mobility
disabilities held every 4 years. They begin soon after the completion
of the regular Olympic Games and are held in the same city and country
as the Olympics. Sylvester is considered a lock to make next year's
team.
To make that dream a reality, however, Sylvester needs to be a U.S.
citizen by the end of this coming January, which is when the final team
will be selected. While the International Olympic Committee allows
Paralympians to represent countries with which they have permanent
residency, the U.S. Olympic Committee [USOC] has very strict rules
which require citizenship for all U.S. competitors. Sylvester was
eligible to participate with the United States team in Europe last
Spring because those competitions were not sponsored by the USOC. By
granting Sylvester citizenship and waiving the mandatory 5-year-waiting
period, he will be eligible to compete for the United States in Japan.
Without a waiver, Sylvester would become a citizen in July 1999, which
would be too late for the 1998 games. Poland will not be competing in
sled hockey at these games, making the United States team Sylvester's
only chance to participate in this once-in-a-lifetime event.
As I mentioned at the outset, Sylvester is more than just a good
athlete who wants to compete for the United States. He is a young man
of tremendous character who has worked hard to become part of our
community. I've spoken to several people who have worked with Sylvester
and they all attest to his work ethic, his character, and his
enthusiasm for helping others. This spirit is best demonstrated by the
active role he has played in the Chicago community to help other
disabled individuals overcome the obstacles they face in their daily
lives. His volunteer activities include teaching sled hockey at the
Chicago Park District to disabled and nondisabled individuals. He also
volunteers with Wheelchair Dance Chicago, an organization that, as the
name suggests, helps disabled individuals learn to dance. Through his
[[Page S9253]]
association with the Spina Bifida Association, Sylvester has provided a
positive role model to those with disabilities who wish to excel.
Being disabled can be hard. It's even harder when you live in an
unfamiliar country where you have to learn a new language. Sylvester
has overcome these obstacles to not only build a new life with his
family in the United States, but to become an accomplished athlete and
a valuable part of his community. He is a true American success story.
The waiving of the mandatory waiting period for Sylvester would grant
citizenship to a young man who has much to offer our country, both
inside the rink and out.
Mr. President, I ask that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1172
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. GRANT OF NATURALIZATION TO SYLVESTER FLIS.
(a) In General.--Notwithstanding any other provision of
law, Sylvester Flis shall be naturalized as a citizen of the
United States upon the filing of the appropriate application
and upon being administered the oath of renunciation and
allegiance in an appropriate ceremony pursuant to section 337
of the Immigration and Nationality Act.
(b) Deadline for Application and Payment of Fees.--
Subsection (a) shall apply only if the application for
naturalization is filed with appropriate fees within 1 year
after the date of the enactment of this Act.
______
By Mr. WARNER (for himself, Mr. Chafee, Mr. Baucus, Mr. Bond, Mr.
Smith of New Hampshire, Mr. Graham, Mr. Reid, Mr. Kempthorne,
Mr. Thomas, Mr. Allard, Mr. Inhofe, Mr. Dorgan, Mr. Harkin, Mr.
Grassley, and Mr. Johnson):
S. 1173. A bill to authorize funds for construction of highway safety
programs, and for mass transit programs, and for other purposes; to the
Committee on Environment and Public Works.
the intermodal transportation act of 1997
Mr. WARNER. Mr. President, I note, of course, the presence on the
floor of the distinguished Senator from Montana. I don't suggest he
remain, but I am about to praise him at great length for his
participation in the drafting of a very important piece of legislation
entitled ``A bill to authorize funds for construction of highways, for
highway safety programs and for mass transit programs, and for other
purposes.''
Mr. BAUCUS. Mr. President, if the Senator will yield, the Senator who
now has the floor has led the way in developing a very balanced, very
fair way to spend our highway dollars over 6 years. My staff has worked
long, long hours along with his staff and that of Senator Chafee. I
want all Americans to know just how much I appreciate the very, very
hard work of the Senator from Virginia who has led the way among the
three of us in developing, I think, a terrific bill. I compliment him,
and I want all Virginians to know all that he has done, as well as all
Americans.
Mr. WARNER. Mr. President, I thank my colleague. As the distinguished
ranking member of our Environment and Public Works Committee, Senator
Baucus was instrumental from the very beginning. I think his presence
and his comments reflect the truly bipartisan nature in which we, the
members of the committee, have forged this bill. Indeed, under the
leadership of our distinguished chairman, the senior Senator from Rhode
Island, we have been able to achieve this piece of legislation, which
although receiving, understandably, early criticism from some few
quarters, those quarters are fewer than I had anticipated. I thank my
distinguished colleague. I shall have further comments about his
contribution as I proceed, Mr. President.
I should also like to acknowledge the presence on the floor of the
distinguished Senator from Florida. He, Mr. Graham, has been
instrumental from the very first in working this bill toward a balanced
piece of legislation which we feel it represents. I was extraordinarily
heartened by the fact that nine members of our committee have joined
and I think others will soon join as cosponsors. Our list of cosponsors
now as of the introduction totals some 12, in addition to Senator
Chafee and Senator Baucus.
Mr. President, also it is traditional around here to acknowledge the
participation of staff, and all too often that is done at the end. I
want to do it at the very, very beginning, because the contribution of
the staff in the preparation of a 400-page bill, a copy of which I will
momentarily have in my hands and present to the Senate--400 pages--you
can imagine the staff was absolutely instrumental.
We have the staff director, Mr. Jimmie Powell, Dan Corbett, Kathy
Ruffalo, who works for Senator Baucus, Tom Sliter, Linda Jordan, Ellen
Stein, and, above all, my distinguished chief counsel of the
subcommittee, Ann Loomis. This is my 19th year in the Senate, and I say
unequivocally, Mr. President, I have never seen an individual work
harder on a piece of legislation than Ann Loomis, proudly of the
Commonwealth of Virginia.
We go into the final review by the Senate, which is scheduled, I
believe, in the last week, according to Senator Lott who is very
enthusiastic about the Senate moving forward expeditiously on this
bill, in September, or thereabouts. So we will consider it at that
time.
Mr. President, I introduce the Intermodal Surface Transportation Act
of 1997. There have been many names given to this. There was ISTEA
which was passed by the Congress in 1991. I think for simplicity I will
refer to this as ISTEA II, as I am sure there will be an ISTEA III and
an ISTEA IV. There is no more important function of the Congress of the
United States than to address our transportation needs. So there will
be a succession of bills, but I am hopeful that this bill, which is of
6-year duration, in contrast to the House of Representatives which is
3, will, again, sequentially follow on from ISTEA I as ISTEA II.
This 6-year bill represents a hard-fought set of negotiations. Again,
I most sincerely express my appreciation to the leadership and the
wisdom contributed by our distinguished chairman, Mr. Chafee, and Mr.
Baucus, the ranking member of the committee and also the ranking member
of the Subcommittee on Transportation--which was given the principal
responsibility for drafting the bill--of which I am privileged to be
the chairman, together with Mr. Baucus in his dual capacity as ranking
on the subcommittee.
Balance and fairness, those are the two words that will enable the
supporters of this piece of legislation to have it passed by the
Senate--those two words--because those are the principal goals that I
sought and others who worked so hard on this bill, and also to preserve
those parts of ISTEA that have served the Nation well.
In 1991, ISTEA represented a landmark piece of legislation, unlike
anything that had ever been passed in the history of the United States,
other than perhaps the significance of the original interstate system.
But ISTEA I was landmark. It embraced the need for an intermodal
concept. It embraced the need to preserve our environment as we,
indeed, paved America to meet our transportation needs. Therefore, I
would like to recognize the principal author of that bill, Senator
Moynihan, the senior Senator from New York. He has been referred to as
``the father of ISTEA.'' His duties on the Finance Committee did not
enable him to have as active a role as I am sure he wished to have had
in the preparation of this bill, and he also recognized in the passage
of these 6 years that there are other factors that have come to the
forefront that were going to guide ISTEA II. But nevertheless, I think
today in the New York press, it is reported that ``Senator Moynihan
states New York has been treated fairly.''
I thank ``the father of ISTEA'' for that first statement because it
comes from one who is well informed as to this Nation's requirements on
transportation. In his capacity as a senior member, indeed ranking
member, of the Senate Finance Committee, he will have a very active
role in fulfilling that committee's responsibility with respect to this
bill, as will two other committees: The Banking Committee and the
Commerce Committee. So this legislation eventually embraces the work of
four Senate committees.
This bill addresses the unique transportation needs in the different
regions of the country. The congestion needs of the growing South, the
aging infrastructure needs of the Northeast and,
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indeed, the unique, the very unique requirements of, we call them the
Western States, primarily those in the Northwest corridor of the United
States--Montana, Wyoming. Mr. Thomas, a member of our committee, and
Mr. Kempthorne were very active, together with Mr. Baucus, in bringing
to the forefront the special requirements of those States.
It was the judgment of myself and Mr. Baucus that we should have a
hearing, which we indeed did, hosted by Mr. Baucus, in Idaho with
officials both from Montana and Idaho testifying before our committee.
I learned things like, given the extensive mileage and the sparse
settlement of houses, farms and cities and factories, the shoulders of
those roads need some special attention; the speeds at which they
travel are somewhat different than in other parts of America.
So the rural West--I think they look with pride on still being
referred to as ``rural.'' In my few moments of vacation, I tried to
spend a little time in that region, but it is one of the most well-
preserved, most magnificent parts of our great country. This
transportation bill takes into consideration their special needs, their
special environmental concerns so that America can continue to enjoy
the bountiful natural resources we have in that part of the country.
So I am pointing out that we very carefully took into consideration--
and I shall not further enumerate--all of the unique parts of each of
our 50 States, and particularly as they are located in certain
geographic locations. We have carefully preserved the principles of
ISTEA. We have proven so successful by hard experience, practical
experience, practical application in our several States.
Examples. Ensuring that transportation contributes to preserving our
environment. The President of the United States acknowledged some
months ago in a speech that this piece of legislation--not referring to
the specific bill, although I hope this bill meets the requirements of
the administration. Indeed, I have, just moments ago, finished another
lengthy conference with the Secretary of Transportation who visited my
office. And we talked about the President's desire to make sure that
this legislation preserved the best parts of ISTEA as it related to the
environment and, indeed, built on that foundation. And I think, Mr.
President, largely under the leadership of Senator Chafee, we have done
that.
But that is an example of how we took the best of ISTEA and preserved
it in this bill. We built upon the shared decisionmaking that was in
ISTEA I between the Federal, State, and local governments, and most
importantly ensuring that the public, I mean right down to townhall
meeting, the public continues to participate fully in the
transportation planning process.
The experience, over 6 years, of ISTEA I has shown that local
governments contribute positively to setting transportation priorities.
I look forward to working with my own local governments and projects of
significance to them. For example, I have spent so much of my life down
in the rural part of Virginia, primarily in the Middleburg, Upperville
areas.
I first started down there working on farms in the middle 1930's. I
remember the farms did not even have tractors, and it was all horses.
But through the years this small section of my State has been able to
preserve the qualities of this rural community. We have Route 50, which
is a winding road. It was actually an oxcart road cut by the need to
move west from Alexandria, which was a major port, surprisingly a major
port on the east coast at one time, and Georgetown. And they gathered
there and then moved on ``westward ho'' down Route 50.
Route 50 winds and twists through the lovely hills and the valleys
and crosses the streams. We want to somehow keep that for future
generations, keep it in place. There are some people with considerable
vision as to how to do it, yet still meet the needs for modern
transportation. Anyway, I hope to incorporate in this bill certain
legislative provisions which will foster the ability of the local
governments and local leaders to preserve the best, not only in the
community in which I grew up through these many years, but elsewhere in
America.
Also of profound importance to the Greater Metropolitan Washington
area is the Woodrow Wilson Bridge. In this legislation, we have more
than doubled the administration's $400 million proposed level of
funding for the bridge to $900 million, thereby elevating the
significance of the bridge. We have however provided that before any
funds can be spent on construction of the bridge, either an authority
or agreement between Maryland, Virginia, or the District of Columbia
must be made as to who will take title of the bridge.
We have also carefully preserved those principles of ISTEA which have
again a proven record of success, an absolute proven record of success.
The heart of this piece of legislation again is fairness and balance.
There is no more dramatic provision to document that goal than the
equitable fair funding of return of the tax dollars.
ISTEA failed--and I have to criticize ISTEA--it failed to provide
funding to our States based on current data that measured the extent
and the use of our transportation system. It contained five equity
adjustments, yet still the formula did not equitably treat all States
with the fairness based on their contributions to the highway trust
fund.
Our bill today ensures balance and fairness. This one does what we
possibly set out to do--I will attribute the best of intentions to the
crafters of ISTEA I--but I assure you the drafters of ISTEA II have
locked in a formula, predicated on modern, up-to-date factors, and it
cannot be twisted and bent or changed in such a way as to deny to every
State a 90-cent return on each dollar of taxes sent from a State to
Uncle Sam's Treasury in the highway trust fund wherever the depository
may be in Washington, DC.
Our bill today ensures this balance and fairness. Every State will
receive a minimum return of 90 percent of their contributions to the
highway trust fund. This guarantee is very different from the so-called
90 percent minimum allocation in ISTEA I. This is a real guarantee, not
to be readjusted by any further actions. I would not have supported
anything that did not give every State a minimum guarantee of 90 cents
on the dollar.
Mr. President, we have listened to our colleagues and made our best
attempt to be fair. Either this bill succeeds on the doctrine of
fairness or it will fall victim to politics, not Republican versus
Democrat politics for this is a bipartisan bill. You need only look at
the list of cosponsors. You only need to heed the remarks of the
distinguished Senator from Montana. No, it will not fall victim to
politics as we recognize them, but will fall victim to literally civil
strife between big States, industrial States, small States, and the
whole thing can be torn apart, and I doubt that Humpty Dumpty could
ever be put back together again if they pull this apart in a way that
any Senator could stand on the floor and say each State is treated
equally and gets 90 cents back on the tax dollar.
I ask my colleagues, who understandably have concerns about this
legislation, to consult with their respective highway officials. STEP-
21 was put together, again, as a consequence of a group of these well-
experienced individuals in a number of States; Stars 2000, likewise,
which was put together by a number of expert highway officials in the
several States. They understand the problems. I hope that our
colleagues will seek the advice and counsel of their respective highway
officials before they decide exactly what they are going to do on this
bill.
At the outset, again, my highest priority was to improve the mobility
of people and goods. The biggest threat to the United States today
comes from the growing competition around the world, all throughout the
world. It is a one-world market. While we sleep the other half are
busily engaged in their activities. Those economic activities are to
meet us at our very doorsteps with competition in their products and in
their services. It is an extraordinary world in which we live today
compared to just a decade ago.
How do we compete in this market? America very much wants to keep our
wages, our lifestyle, our environment at the very best. The standards
of those factors in other nations in many instances are far less. Those
priorities are not sought by the central governments, indeed, the
governments of those States. So what do we do?
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How do we beat the marketplace sale on a pair of blue jeans
manufactured in the Far East versus a pair of blue jeans manufactured
in the United States? Well, I have a dramatic experience I remember. I
went to my State to a blue jeans plant, and I talked to the workers. I
watched them make a quality product that would match any product in the
world, in fact, in my judgment, is better. I may have a slight
prejudice. It was better.
But I asked them, ``How do you beat the low wages, the marginal
environment, and lifestyle in faraway lands, but when your product
reaches the store shelf right beside them is a product from a foreign
land?''
He said, ``Come with me.''
We went to the back of this plant where every hour big trucks backed
up and loaded on the products. He said, ``We get an order in in the
morning. That order is filled. And overnight it is delivered right to
the store's shelf.''
We can beat them because of America's transportation system. And that
is what this bill, Mr. President, is designed to do, to thrust America
ahead in the competitive economic market by virtue of a modern,
efficient transportation system, to cut down the time of Mr. and Mrs.
America behind the wheel getting to their place of work, getting to the
school to drop off the children, and returning safely at home. Every
minute wasted behind that wheel in gridlock is a wasted moment from
work, from family, and such leisure time as we may have.
This bill is directed to make America more competitive in that one-
world market. How do we achieve these goals? We streamline ISTEA's five
programs into three programs: The National Highway System, NHS; the
Surface Transportation Program; STP; and the Congestion Mitigation and
Air Quality Program, CMAQ. Those are the three.
By condensing five into three, we build in efficiencies. We have
given more authority to the Governors, to the various highways and
boards and commissions. We have given more authority down to the boards
of supervisors and to the mayors and to other local authorities to make
the decisions that are best for their community, nevertheless,
maintaining the Federal focus on our most important network of roads,
the National Highway System, which indeed now embraces the historic
interstate system.
While I started with a goal of a 95 percent return for every State--I
see on the floor my good friend, the Senator from Florida [Mr. Graham].
He will address this momentarily because he was a real fighter, not
only in ISTEA I but throughout the drafting of this bill. It had been
our hope to reach 95 cents, but we soon recognized that we could not do
it if we were to build a successful coalition and to properly recognize
the individual requirements of certain geographic regions of the United
States, primarily the Western States.
They require certain augmentation of their financial status under
this legislation because they recognize from experience, not only on
this bill but on other bills, that when western interests go into a
conference between the House and the Senate, they have far fewer
Members of the House of Representatives from those States.
It goes back to the very fundamental principle, Mr. President, the
very fundamental principle that when our forefathers laid down this
Government and fashioned this Republic, the oldest surviving democratic
form of republic on Earth today, the United States with its
Constitution and Bill of Rights, when they fashioned that, they
recognized letting the States have equal representation in the Senate
because in the House of Representatives that representation is
recognized by virtue of the population.
So we strengthened the financial position of the Western States,
recognizing historically that strength has been diminished from the
Senate position as a consequence of fewer Members in the House.
We are going to hold and protect our Western States in this bill.
That is why we had to drop from 95 cents to the 90 cents.
Many, many of the donor States are now recognizing that 90 cents is
an enormous increment from where they were. In my State, we got 79
cents on the dollar. There is relative joy in my State as we move to
90, and indeed, six donor States got a small fraction or so above 90 as
a consequence of a small application of the formula, not through
selectivity.
This bill will use the most currently available data to achieve a
fair distribution fund. That will include factors that represent the
divergent transportation needs of our Nation. There will be no
surprises. We will use lane miles which represent the extent of our
highway network, vehicle miles traveled or VMT's, which measure the
volume of traffic on the system, bridge measurement based on the number
of structurally deficient and capacity limited bridges, and diesel fuel
consumption that represents the freight traffic.
I look forward to continuing the Senate's work on this vital
legislation and am proud today to have brought to the Senate a
balanced, fair, and solid proposal. This highway transportation
proposal, in terms of spending is second in size only to the defense
bill, and its significance to the American economy is similar. The
bottom line is this bill is a regionally balanced, multidimensional
plan that will establish transportation policy for the 21st century. It
carves a big role for public input, respects the environment, and in a
broader sense empowers States and local governments.
We have at long last abandoned the archaic measurements of postal
route mileage and other outdated measurements used in ISTEA.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1173
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intermodal
Transportation Act of 1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I--SURFACE TRANSPORTATION
Sec. 1001. Short title.
Subtitle A--General Provisions
Sec. 1101. Authorizations.
Sec. 1102. Apportionments.
Sec. 1103. Obligation ceiling.
Sec. 1104. Obligation authority under surface transportation program.
Sec. 1105. Emergency relief.
Sec. 1106. Federal lands highways program.
Sec. 1107. Recreational trails program.
Sec. 1108. Value pricing pilot program.
Sec. 1109. Highway use tax evasion projects.
Sec. 1110. Bicycle transportation and pedestrian walkways.
Sec. 1111. Disadvantaged business enterprises.
Sec. 1112. Federal share payable.
Sec. 1113. Studies and reports.
Sec. 1114. Definitions.
Sec. 1115. Cooperative Federal Lands Transportation Program.
Sec. 1116. Trade corridor and border crossing planning.
Sec. 1117. Appalachian development highway system.
Sec. 1118. Interstate 4R and bridge discretionary program.
Sec. 1119. Magnetic levitation transportation technology deployment
program.
Sec. 1120. Woodrow Wilson Memorial Bridge.
Sec. 1121. National Highway System components.
Sec. 1122. Highway bridge replacement and rehabilitation.
Sec. 1123. Congestion mitigation and air quality improvement program.
Sec. 1124. Safety belt use law requirements.
Subtitle B--Program Streamlining and Flexibility
Chapter 1--General Provisions
Sec. 1201. Administrative expenses.
Sec. 1202. Real property acquisition and corridor preservation.
Sec. 1203. Availability of funds.
Sec. 1204. Payments to States for construction.
Sec. 1205. Proceeds from the sale or lease of real property.
Sec. 1206. Metric conversion at State option.
Sec. 1207. Report on obligations.
Sec. 1208. Terminations.
Sec. 1209. Interstate maintenance.
Chapter 2--Project Approval
Sec. 1221. Transfer of highway and transit funds.
Sec. 1222. Project approval and oversight.
Sec. 1223. Surface transportation program.
Sec. 1224. Design-build contracting.
Chapter 3--Eligibility and Flexibility
Sec. 1231. Definition of operational improvement.
Sec. 1232. Eligibility of ferry boats and ferry terminal facilities.
Sec. 1233. Flexibility of safety programs.
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Sec. 1234. Eligibility of projects on the National Highway System.
Sec. 1235. Eligibility of projects under the surface transportation
program.
Sec. 1236. Design flexibility.
Subtitle C--Finance
Chapter 1--General Provisions
Sec. 1301. State infrastructure bank program.
Chapter 2--Transportation Infrastructure Finance and Innovation
Sec. 1311. Short title.
Sec. 1312. Findings.
Sec. 1313. Definitions.
Sec. 1314. Determination of eligibility and project selection.
Sec. 1315. Secured loans.
Sec. 1316. Lines of credit.
Sec. 1317. Project servicing.
Sec. 1318. Office of Infrastructure Finance.
Sec. 1319. State and local permits.
Sec. 1320. Regulations.
Sec. 1321. Funding.
Sec. 1322. Report to Congress.
Subtitle D--Safety
Sec. 1401. Operation lifesaver.
Sec. 1402. Railway-highway crossing hazard elimination in high speed
rail corridors.
Sec. 1403. Railway-highway crossings.
Sec. 1404. Hazard elimination program.
Sec. 1405. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1406. Safety incentive grants for use of seat belts.
Subtitle E--Environment
Sec. 1501. National scenic byways program.
Sec. 1502. Public-private partnerships.
Sec. 1503. Wetland restoration pilot program.
Subtitle F--Planning
Sec. 1601. Metropolitan planning.
Sec. 1602. Statewide planning.
Sec. 1603. Advanced travel forecasting procedures program.
Sec. 1604. Transportation and community and system preservation pilot
program.
Subtitle G--Technical Corrections
Sec. 1701. Federal-aid systems.
Sec. 1702. Miscellaneous technical corrections.
Sec. 1703. Nondiscrimination.
Sec. 1704. State transportation department.
TITLE II--RESEARCH AND TECHNOLOGY
Subtitle A--Research and Training
Sec. 2001. Strategic research plan.
Sec. 2002. Multimodal transportation research and development program.
Sec. 2003. National university transportation centers.
Sec. 2004. Bureau of Transportation Statistics.
Sec. 2005. Research and technology program.
Sec. 2006. Advanced research program.
Sec. 2007. Long-term pavement performance program.
Sec. 2008. State planning and research program.
Sec. 2009. Education and training.
Sec. 2010. International highway transportation outreach program.
Sec. 2011. National technology deployment initiatives and partnerships
program.
Sec. 2012. Infrastructure investment needs report.
Sec. 2013. Innovative bridge research and construction program.
Sec. 2014. Use of Bureau of Indian Affairs administrative funds.
Sec. 2015. Study of future strategic highway research program.
Sec. 2016. Joint partnerships for advanced vehicles, components, and
infrastructure program.
Sec. 2017. Conforming amendments.
Subtitle B--Intelligent Transportation Systems
Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Intelligent transportation systems.
Sec. 2104. Conforming amendment.
Subtitle C--Funding
Sec. 2201. Funding.
SEC. 2. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--SURFACE TRANSPORTATION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Surface Transportation Act
of 1997''.
Subtitle A--General Provisions
SEC. 1101. AUTHORIZATIONS.
For the purpose of carrying out title 23, United States
Code, the following sums shall be available from the Highway
Trust Fund (other than the Mass Transit Account):
(1) Interstate and national highway system program.--For
the Interstate and National Highway System program under
section 103 of that title $11,979,000,000 for fiscal year
1998, $11,808,000,000 for fiscal year 1999, $11,819,000,000
for fiscal year 2000, $11,916,000,000 for fiscal year 2001,
$12,242,000,000 for fiscal year 2002, and $12,776,000,000 for
fiscal year 2003, of which--
(A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for
fiscal year 1999, $4,637,000,000 for fiscal year 2000,
$4,674,000,000 for fiscal year 2001, $4,773,000,000 for
fiscal year 2002, and $4,918,000,000 for fiscal year 2003
shall be used for the Interstate maintenance component; and
(B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for
fiscal year 1999, $1,411,000,000 for fiscal year 2000,
$1,423,000,000 for fiscal year 2001, $1,453,000,000 for
fiscal year 2002, and $1,497,000,000 for fiscal year 2003
shall be used for the Interstate bridge component.
(2) Surface transportation program.--For the surface
transportation program under section 133 of that title
$7,000,000,000 for fiscal year 1998, $7,014,000,000 for
fiscal year 1999, $7,056,000,000 for fiscal year 2000,
$7,113,000,000 for fiscal year 2001, $7,263,000,000 for
fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
(3) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of that title
$1,150,000,000 for fiscal year 1998, $1,152,000,000 for
fiscal year 1999, $1,159,000,000 for fiscal year 2000,
$1,169,000,000 for fiscal year 2001, $1,193,000,000 for
fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
(4) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of that title $200,000,000 for each of
fiscal years 1998 through 2003.
(B) Parkways and park roads.--For parkways and park roads
under section 204 of that title $90,000,000 for each of
fiscal years 1998 through 2003.
(C) Public lands highways.--For public lands highways under
section 204 of that title $172,000,000 for each of fiscal
years 1998 through 2003.
(D) Cooperative federal lands transportation program.--For
the Cooperative Federal Lands Transportation Program under
section 207 of that title $74,000,000 for each of fiscal
years 1998 through 2003.
SEC. 1102. APPORTIONMENTS.
(a) In General.--Section 104 of title 23, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Apportionments.--On October 1 of each fiscal year,
the Secretary, after making the deduction authorized by
subsection (a) and the set-asides authorized by subsection
(f), shall apportion the remainder of the sums authorized to
be appropriated for expenditure on the National Highway
System, the congestion mitigation and air quality improvement
program, and the surface transportation program, for that
fiscal year, among the States in the following manner:
``(1) Interstate and national highway system program.--
``(A) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(i) 50 percent in the ratio that--
``(I) the total lane miles on Interstate System routes
designated under--
``(aa) section 103;
``(bb) section 139(a) before March 9, 1984 (other than
routes on toll roads not subject to a Secretarial agreement
under section 105 of the Federal-Aid Highway Act of 1978 (92
Stat. 2692)); and
``(cc) section 139(c) (as in effect on the day before the
date of enactment of the Intermodal Transportation Act of
1997);
in each State; bears to
``(II) the total of all such lane miles in all States; and
``(ii) 50 percent in the ratio that--
``(I) the total vehicle miles traveled on lanes on
Interstate System routes designated under--
``(aa) section 103;
``(bb) section 139(a) before March 9, 1984 (other than
routes on toll roads not subject to a Secretarial agreement
under section 105 of the Federal-Aid Highway Act of 1978 (92
Stat. 2692)); and
``(cc) section 139(c) (as in effect on the day before the
date of enactment of the Intermodal Transportation Act of
1997);
in each State; bears to
``(II) the total of all such vehicle miles traveled in all
States.
``(B) Interstate bridge component.--For resurfacing,
restoring, rehabilitating, and reconstructing bridges on the
Interstate System, in the ratio that--
``(i) the total square footage of structurally deficient
and functionally obsolete bridges on the Interstate System
(other than bridges on toll roads not subject to a
Secretarial agreement under section 105 of the Federal-Aid
Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
``(ii) the total square footage of structurally deficient
and functionally obsolete bridges on the Interstate System
(other than bridges on toll roads not subject to a
Secretarial agreement under section 105 of the Federal-Aid
Highway Act of 1978 (92 Stat. 2692)) in all States.
``(C) Other national highway system component.--
``(i) In general.--For the National Highway System
(excluding activities for which funds are apportioned under
subparagraph (A) or (B)), $36,400,000 for each fiscal year to
the Virgin Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana Islands and the remainder
apportioned as follows:
``(I) 20 percent of the apportionments in the ratio that--
``(aa) the total lane miles of principal arterial routes
(excluding Interstate System routes) in each State; bears to
``(bb) the total lane miles of principal arterial routes
(excluding Interstate System routes) in all States.
[[Page S9257]]
``(II) 29 percent of the apportionments in the ratio that--
``(aa) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in each State; bears to
``(bb) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in all States.
``(III) 18 percent of the apportionments in the ratio
that--
``(aa) the total square footage of structurally deficient
and functionally obsolete bridges on principal arterial
routes (excluding bridges on Interstate System routes (other
than bridges on toll roads not subject to a Secretarial
agreement under section 105 of the Federal-Aid Highway Act of
1978 (92 Stat. 2692))) in each State; bears to
``(bb) the total square footage of structurally deficient
and functionally obsolete bridges on principal arterial
routes (excluding bridges on Interstate System routes (other
than bridges on toll roads not subject to a Secretarial
agreement under section 105 of the Federal-Aid Highway Act of
1978 (92 Stat. 2692))) in all States.
``(IV) 24 percent of the apportionments in the ratio that--
``(aa) the total diesel fuel used on highways in each
State; bears to
``(bb) the total diesel fuel used on highways in all
States.
``(V) 9 percent of the apportionments in the ratio that--
``(aa) the quotient obtained by dividing the total lane
miles on principal arterial highways in each State by the
total population of the State; bears to
``(bb) the quotient obtained by dividing the total lane
miles on principal arterial highways in all States by the
total population of all States.
``(ii) Data.--Each calculation under clause (i) shall be
based on the latest available data.
``(D) Minimum apportionment.--Notwithstanding subparagraphs
(A) through (C), each State shall receive a minimum of \1/2\
of 1 percent of the funds apportioned under this paragraph.
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and air
quality improvement program, in the ratio that--
``(i) the total of all weighted nonattainment and
maintenance area populations in each State; bears to
``(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and maintenance
area population.--Subject to subparagraph (C), for the
purpose of subparagraph (A), the weighted nonattainment and
maintenance area population shall be calculated by
multiplying the population of each area in a State that was a
nonattainment area or maintenance area as described in
section 149(b) for ozone or carbon monoxide by a factor of--
``(i) 0.8 if--
``(I) at the time of the apportionment, the area is a
maintenance area;
``(II) at the time of the apportionment, the area is
classified as a submarginal ozone nonattainment area under
that Act; or
``(III) as of the date of enactment of the Intermodal
Transportation Act of 1997, the area is considered by the
Administrator of the Environmental Protection Agency to be a
flexible attainment region;
``(ii) 1.0 if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
that subpart;
``(iv) 1.2 if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under
that subpart;
``(v) 1.3 if, at the time of the apportionment, the area is
classified as a severe ozone nonattainment area under that
subpart;
``(vi) 1.4 if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under
that subpart; or
``(vii) 1.0 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is classified under subpart 3
of part D of title I of that Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b) for carbon
monoxide.
``(C) Additional adjustment for carbon monoxide areas.--
``(i) Carbon monoxide nonattainment areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was also classified under subpart 3 of
part D of title I of that Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for carbon
monoxide, the weighted nonattainment or maintenance area
population of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further multiplied
by a factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If, in addition
to being classified as a nonattainment or maintenance area
for ozone, the area was at one time also classified under
subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a maintenance
area, the weighted nonattainment or maintenance area
population of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further multiplied
by a factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any other
provision of this paragraph, each State shall receive a
minimum of \1/2\ of 1 percent of the funds apportioned under
this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph, the
Secretary shall use the latest available annual estimates
prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation program,
in accordance with the following formula:
``(i) 20 percent of the apportionments in the ratio that--
``(I) the total lane miles of Federal-aid highways in each
State; bears to
``(II) the total lane miles of Federal-aid highways in all
States.
``(ii) 30 percent of the apportionments in the ratio that--
``(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
``(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.
``(iii) 25 percent of the apportionments in the ratio
that--
``(I) the total square footage of structurally deficient
and functionally obsolete bridges on Federal-aid highways
(excluding bridges described in subparagraphs (B) and
(C)(i)(III) of paragraph (1)) in each State; bears to
``(II) the total square footage structurally deficient and
functionally obsolete bridges on Federal-aid highways
(excluding bridges described in subparagraphs (B) and
(C)(i)(III) of paragraph (1)) in all States.
``(iv) 25 percent of the apportionments in the ratio that--
``(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
``(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.
``(B) Data.--Each calculation under subparagraph (A) shall
be based on the latest available data.
``(C) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.''.
(b) Effect of Certain Amendments.--Section 104 of title 23,
United States Code, is amended by striking subsection (h) and
inserting the following:
``(h) Effect of Certain Amendments.--Notwithstanding any
other provision of law, deposits into the Highway Trust Fund
resulting from the amendments made by section 901 of the
Taxpayer Relief Act of 1997 shall not be taken into account
in determining the apportionments and allocations that any
State shall be entitled to receive under the Intermodal
Transportation Act of 1997 and title 23, United States
Code.''.
(c) ISTEA Transition.--
(1) In general.--For each of fiscal years 1998 through
2003, the Secretary shall determine, with respect to each
State--
(A) the total apportionments for the fiscal year under
section 104 of title 23, United States Code, for the
Interstate and National Highway System program, the surface
transportation program, metropolitan planning, and the
congestion mitigation and air quality improvement program;
(B) the annual average of the total apportionments during
the period of fiscal years 1992 through 1997 for all Federal-
aid highway programs (as defined in section 101 of title 23,
United States Code), excluding apportionments for the Federal
lands highways program under section 204 of that title;
(C) the annual average of the total apportionments during
the period of fiscal years 1992 through 1997 for all Federal-
aid highway programs (as defined in section 101 of title 23,
United States Code), excluding--
(i) apportionments authorized under section 104 of that
title for construction of the Interstate System;
(ii) apportionments for the Interstate substitute program
under section 103(e)(4) of that title (as in effect on the
day before the date of enactment of this Act);
(iii) apportionments for the Federal lands highways program
under section 204 of that title; and
(iv) adjustments to sums apportioned under section 104 of
that title due to the hold harmless adjustment under section
1015(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
(D) the product obtained by multiplying--
(i) the annual average of the total apportionments
determined under subparagraph (B); by
(ii) the applicable percentage determined under paragraph
(2); and
(E) the product obtained by multiplying--
(i) the annual average of the total apportionments
determined under subparagraph (C); by
(ii) the applicable percentage determined under paragraph
(2).
(2) Applicable percentages.--
(A) Fiscal year 1998.--For fiscal year 1998--
[[Page S9258]]
(i) the applicable percentage referred to in paragraph
(1)(D)(ii) shall be 145 percent; and
(ii) the applicable percentage referred to in paragraph
(1)(E)(ii) shall be 107 percent.
(B) Fiscal years thereafter.--For each of fiscal years 1999
through 2003, the applicable percentage referred to in
paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a
percentage equal to the product obtained by multiplying--
(i) the percentage specified in clause (i) or (ii),
respectively, of subparagraph (A); by
(ii) the percentage that--
(I) the total contract authority made available under this
Act and title 23, United States Code, for Federal-aid highway
programs for the fiscal year; bears to
(II) the total contract authority made available under this
Act and title 23, United States Code, for Federal-aid highway
programs for fiscal year 1998.
(3) Maximum transition.--
(A) In general.--For each of fiscal years 1998 through
2003, in the case of each State with respect to which the
total apportionments determined under paragraph (1)(A) is
greater than the product determined under paragraph (1)(D),
the Secretary shall reduce proportionately the apportionments
to the State under section 104 of title 23, United States
Code, for the National Highway System component of the
Interstate and National Highway System program, the surface
transportation program, and the congestion mitigation and air
quality improvement program so that the total of the
apportionments is equal to the product determined under
paragraph (1)(D).
(B) Redistribution of funds.--
(i) In general.--Subject to clause (ii), funds made
available under subparagraph (A) shall be redistributed
proportionately under section 104 of title 23, United States
Code, for the Interstate and National Highway System program,
the surface transportation program, and the congestion
mitigation and air quality improvement program, to States not
subject to a reduction under subparagraph (A).
(ii) Limitation.--The ratio that--
(I) the total apportionments to a State under section 104
of title 23, United States Code, for the Interstate and
National Highway System program, the surface transportation
program, and the congestion mitigation and air quality
improvement program, after the application of clause (i);
bears to
(II) the annual average of the total apportionments
determined under paragraph (1)(B) with respect to the State;
may not exceed, in the case of fiscal year 1998, 145 percent,
and, in the case of each of fiscal years 1999 through 2003,
145 percent as adjusted in the manner described in paragraph
(2)(B).
(4) Minimum transition.--
(A) In general.--For each of fiscal years 1998 through
2003, the Secretary shall apportion to each State such
additional amounts as are necessary to ensure that--
(i) the total apportionments to the State under section 104
of title 23, United States Code, for the Interstate and
National Highway System program, the surface transportation
program, metropolitan planning, and the congestion mitigation
and air quality improvement program, after the application of
paragraph (3); is equal to
(ii) the greater of--
(I) the product determined with respect to the State under
paragraph (1)(E); or
(II) the total apportionments to the State for fiscal year
1997 for all Federal-aid highway programs, excluding--
(aa) apportionments for the Federal lands highways program
under section 204 of title 23, United States Code;
(bb) adjustments to sums apportioned under section 104 of
that title due to the hold harmless adjustment under section
1015(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
(cc) demonstration projects under the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240).
(B) Obligation.--Amounts apportioned under subparagraph
(A)--
(i) shall be considered to be sums made available for
expenditure on the surface transportation program, except
that--
(I) the amounts shall not be subject to paragraphs (1) and
(2) of section 133(d) of title 23, United States Code; and
(II) 50 percent of the amounts shall be subject to section
133(d)(3) of that title;
(ii) shall be available for any purpose eligible for
funding under section 133 of that title; and
(iii) shall remain available for obligation for a period of
3 years after the last day of the fiscal year for which the
amounts are apportioned.
(C) Authorization of contract authority.--
(i) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) such sums as
are necessary to carry out this paragraph.
(ii) Contract authority.--Funds authorized under this
subparagraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
(d) Minimum Guarantee.--
(1) In general.--Section 105 of title 23, United States
Code, is amended to read as follows:
``Sec. 105. Minimum guarantee
``(a) Adjustment.--
``(1) In general.--In fiscal year 1998 and each fiscal year
thereafter on October 1, or as soon as practicable
thereafter, the Secretary shall allocate among the States
amounts sufficient to ensure that--
``(A) the ratio that--
``(i) each State's percentage of the total apportionments
for the fiscal year--
``(I) under section 104 for the Interstate and National
Highway System program, the surface transportation program,
metropolitan planning, and the congestion mitigation and air
quality improvement program; and
``(II) under section 1102(c) of the Intermodal
Transportation Act of 1997 for ISTEA transition; bears to
``(ii) each State's percentage of estimated tax payments
attributable to highway users in the State paid into the
Highway Trust Fund (other than the Mass Transit Account) in
the latest fiscal year for which data are available;
is not less than 0.90; and
``(B) in the case of a State specified in paragraph (2),
the State's percentage of the total apportionments for the
fiscal year described in subclauses (I) and (II) of
subparagraph (A)(i) is--
``(i) not less than the percentage specified for the State
in paragraph (2); but
``(ii) not greater than the product determined for the
State under section 1102(c)(1)(D) of the Intermodal
Transportation Act of 1997 for the fiscal year.
``(2) State percentages.--The percentage referred to in
paragraph (1)(B) for a specified State shall be determined in
accordance with the following table:
``State Percentage
Alaska....................................................1.24 ....
Arkansas..................................................1.33 ....
Delaware..................................................0.47 ....
Hawaii....................................................0.55 ....
Idaho.....................................................0.82 ....
Montana...................................................1.06 ....
Nevada....................................................0.73 ....
New Hampshire.............................................0.52 ....
New Jersey................................................2.41 ....
New Mexico................................................1.05 ....
North Dakota..............................................0.73 ....
Rhode Island..............................................0.58 ....
South Dakota..............................................0.78 ....
Vermont...................................................0.47 ....
Wyoming...................................................0.76.....
``(b) Treatment of Allocations.--
``(1) Obligation.--Amounts allocated under subsection (a)--
``(A) shall be available for obligation when allocated and
shall remain available for obligation for a period of 3 years
after the last day of the fiscal year for which the amounts
are allocated; and
``(B) shall be available for any purpose eligible for
funding under this title.
``(2) Set-aside.--Fifty percent of the amounts allocated
under subsection (a) shall be subject to section 133(d)(3).
``(c) Treatment of Withheld Apportionments.--For the
purpose of subsection (a), any funds that, but for section
158(b) or any other provision of law under which Federal-aid
highway funds are withheld from apportionment, would be
apportioned to a State for a fiscal year under a section
referred to in subsection (a) shall be treated as being
apportioned in that fiscal year.
``(d) Authorization of Contract Authority.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) such sums as are necessary to carry out this
section.''.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 105 and inserting the following:
``105. Minimum guarantee.''.
(e) Audits of Highway Trust Fund.--Section 104 of title 23,
United States Code, is amended by striking subsection (i) and
inserting the following:
``(i) Audits of Highway Trust Fund.--From available
administrative funds deducted under subsection (a), the
Secretary may reimburse the Office of Inspector General of
the Department of Transportation for the conduct of annual
audits of financial statements in accordance with section
3521 of title 31.''.
(f) Technical Amendments.--Section 104 of title 23, United
States Code, is amended--
(1) in subsection (e)--
(A) by inserting ``Notification to States.--'' after
``(e)'';
(B) in the first sentence--
(i) by striking ``(other than under subsection (b)(5) of
this section)''; and
(ii) by striking ``and research'';
(C) by striking the second sentence; and
(D) in the last sentence, by striking ``, except that'' and
all that follows through ``such funds''; and
(2) in subsection (f)--
(A) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(B) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(C) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The''; and
(D) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''.
(g) Conforming Amendments.--
(1) Section 146(a) of title 23, United States Code, is
amended in the first sentence by
[[Page S9259]]
striking ``104(b)(2), and 104(b)(6)'' and inserting ``and
104(b)(2)''.
(2)(A) Section 150 of title 23, United States Code, is
repealed.
(B) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section
150.
(3) Section 158 of title 23, United States Code, is
amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first year'' and inserting ``In
general''; and
(II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)''
and inserting ``and 104(b)(2)''; and
(iv) in paragraph (2) (as redesignated by clause (ii)), by
striking ``paragraphs (1) and (2) of this subsection'' and
inserting ``paragraph (1)''; and
(B) by striking subsection (b) and inserting the following:
``(b) Effect of Withholding of Funds.--No funds withheld
under this section from apportionment to any State after
September 30, 1988, shall be available for apportionment to
that State.''.
(4)(A) Section 157 of title 23, United States Code, is
repealed.
(B) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section
157.
(5)(A) Section 115(b)(1) of title 23, United States Code,
is amended by striking ``or 104(b)(5), as the case may be,''.
(B) Section 137(f)(1) of title 23, United States Code, is
amended by striking ``section 104(b)(5)(B) of this title''
and inserting ``section 104(b)(1)(A)''.
(C) Section 141(c) of title 23, United States Code, is
amended by striking ``section 104(b)(5) of this title'' each
place it appears and inserting ``section 104(b)(1)(A)''.
(D) Section 142(c) of title 23, United States Code, is
amended by striking ``(other than section 104(b)(5)(A))''.
(E) Section 159 of title 23, United States Code, is
amended--
(i) by striking ``(5) of'' each place it appears and
inserting ``(5) (as in effect on the day before the date of
enactment of the Intermodal Transportation Act of 1997) of'';
and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and (3)(A), by striking
``section 104(b)(5)(A)'' each place it appears and inserting
``section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Intermodal Transportation Act of
1997)'';
(II) in paragraph (1)(A)(ii), by striking ``section
104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in
effect on the day before the date of enactment of the
Intermodal Transportation Act of 1997)'';
(III) in paragraph (3)(B), by striking ``(5)(B)'' and
inserting ``(5)(B) (as in effect on the day before the date
of enactment of the Intermodal Transportation Act of 1997)'';
and
(IV) in paragraphs (3)(B) and (4), by striking ``section
104(b)(5)'' each place it appears and inserting ``section
104(b)(5) (as in effect on the day before the date of
enactment of the Intermodal Transportation Act of 1997)''.
(F) Section 161(a) of title 23, United States Code, is
amended by striking ``paragraphs (1), (3), and (5)(B) of
section 104(b)'' each place it appears and inserting
``paragraphs (1) and (3) of section 104(b)''.
(6)(A) Section 104(g) of title 23, United States Code, is
amended--
(i) in the first sentence, by striking ``sections 130, 144,
and 152 of this title'' and inserting ``subsection (b)(1)(B)
and sections 130 and 152'';
(ii) in the first and second sentences--
(I) by striking ``section'' and inserting ``provision'';
and
(II) by striking ``such sections'' and inserting ``those
provisions''; and
(iii) in the third sentence--
(I) by striking ``section 144'' and inserting ``subsection
(b)(1)(B)''; and
(II) by striking ``subsection (b)(1)'' and inserting
``subsection (b)(1)(C)''.
(B) Section 115 of title 23, United States Code, is
amended--
(i) in subsection (a)(1)(A)(i), by striking ``104(b)(2),
104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B),
104(b)(2), 104(b)(3), 104(f),''; and
(ii) in subsection (c), by striking ``144,,''.
(C) Section 120(e) of title 23, United States Code, is
amended in the last sentence by striking ``and in section 144
of this title''.
(D) Section 151(d) of title 23, United States Code, is
amended by striking ``section 104(a), section 307(a), and
section 144 of this title'' and inserting ``subsections (a)
and (b)(1)(B) of section 104 and section 307(a)''.
(E) Section 204(c) of title 23, United States Code, is
amended in the first sentence by striking ``or section 144 of
this title''.
(F) Section 303(g) of title 23, United States Code, is
amended by striking ``section 144 of this title'' and
inserting ``section 104(b)(1)(B)''.
SEC. 1103. OBLIGATION CEILING.
(a) General Limitation.--Subject to the other provisions of
this section and notwithstanding any other provision of law,
the total amount of all obligations for Federal-aid highways
and highway safety construction programs shall not exceed--
(1) $21,800,000,000 for fiscal year 1998;
(2) $22,768,000,000 for fiscal year 1999;
(3) $22,901,000,000 for fiscal year 2000;
(4) $23,070,000,000 for fiscal year 2001;
(5) $23,511,000,000 for fiscal year 2002; and
(6) $24,259,000,000 for fiscal year 2003.
(b) Exceptions.--
(1) In general.--The limitations under subsection (a) shall
not apply to obligations of funds under--
(A) section 125 of title 23, United States Code;
(B) section 105(a) of that title, excluding amounts
allocated under section 105(a)(1)(B) of that title;
(C) section 157 of that title (as in effect on the day
before the date of enactment of this Act);
(D) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(E) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(F) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(G) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198); and
(H) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027).
(2) Effect of other law.--A provision of law establishing a
limitation on obligations for Federal-aid highway and highway
safety construction programs may not amend or limit the
applicability of this subsection, unless the provision
specifically amends or limits that applicability.
(c) Applicability to Transportation Research Programs.--
Obligation limitations for Federal-aid highway and highway
safety construction programs established by subsection (a)
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code.
(d) Obligation Authority.--Section 118 of title 23, United
States Code, is amended by adding at the end the following:
``(g) Obligation Authority.--
``(1) Distribution.--For each fiscal year, the Secretary
shall--
``(A) distribute the total amount of obligation authority
for Federal-aid highways and highway safety construction
programs made available for the fiscal year by allocation in
the ratio that--
``(i) the total of the sums made available for Federal-aid
highways and highway safety construction programs that are
apportioned or allocated to each State for the fiscal year;
bears to
``(ii) the total of the sums made available for Federal-aid
highways and highway safety construction programs that are
apportioned or allocated to all States for the fiscal year;
``(B) provide all States with authority sufficient to
prevent lapses of sums authorized to be appropriated for
Federal-aid highways that have been apportioned to a State;
and
``(C) not distribute--
``(i) amounts deducted under section 104(a) for
administrative expenses;
``(ii) amounts made available for the Federal lands
highways program under section 204;
``(iii) amounts made available under section 149(d) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987 (101 Stat. 201); and
``(iv) amounts made available for implementation of
programs under chapter 5 of this title and sections 5222,
5232, and 5241 of title 49.
``(2) Redistribution.--Notwithstanding paragraph (1), the
Secretary shall, after August 1 of each of fiscal years 1998
through 2003--
``(A) revise a distribution of the funds made available
under paragraph (1) for the fiscal year if a State will not
obligate the amount distributed during the fiscal year; and
``(B) redistribute sufficient amounts to those States able
to obligate amounts in addition to the amounts previously
distributed during the fiscal year, giving priority to those
States that have large unobligated balances of funds
apportioned under section 104 and under section 144 (as in
effect on the day before the date of enactment of this
subsection).''.
(e) Applicability of Obligation Limitations.--An obligation
limitation established by a provision of any other Act shall
not apply to obligations under a program funded under this
Act or title 23, United States Code, unless--
(1) the provision specifically amends or limits the
applicability of this subsection; or
(2) an obligation limitation is specified in this Act with
respect to the program.
SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION
PROGRAM.
Section 133 of title 23, United States Code, is amended by
striking subsection (f) and inserting the following:
``(f) Obligation Authority.--
``(1) In general.--A State that is required to obligate in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d) funds apportioned to
the State under section 104(b)(3) shall make available during
the 3-fiscal year period of 1998 through 2000, and the 3-
fiscal year period of 2001 through 2003, an amount of
obligation authority distributed to the State for Federal-aid
highways and highway safety construction programs for use in
the area that is equal to the amount obtained by
multiplying--
``(A) the aggregate amount of funds that the State is
required to obligate in the area under subsection (d) during
each such period; by
``(B) the ratio that--
[[Page S9260]]
``(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs during the period; bears to
``(ii) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to an obligation limitation)
during the period.
``(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).''.
SEC. 1105. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United
States Code, is amended in the first sentence by striking
``highway system'' and inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of title 23,
United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively;
(3) by inserting after the section heading the following:
``(a) General Eligibility.--Subject to this section and
section 120, an emergency fund is authorized for expenditure
by the Secretary for the repair or reconstruction of
highways, roads, and trails, in any part of the United
States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
``(1) natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or
landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--In no event shall funds
be used pursuant to this section for the repair or
reconstruction of bridges that have been permanently closed
to all vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.
``(c) Funding.--Subject to the following limitations, there
are hereby authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) such sums as
may be necessary to establish the fund authorized by this
section and to replenish it on an annual basis:
``(1) Not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out the provisions of this section, except
that, if in any fiscal year the total of all obligations
under this section is less than the amount authorized to be
obligated in such fiscal year, the unobligated balance of
such amount shall remain available until expended and shall
be in addition to amounts otherwise available to carry out
this section each year.
``(2) Pending such appropriation or replenishment, the
Secretary may obligate from any funds heretofore or hereafter
appropriated for obligation in accordance with this title,
including existing Federal-aid appropriations, such sums as
may be necessary for the immediate prosecution of the work
herein authorized, provided that such funds are reimbursed
from the appropriations authorized in paragraph (1) of this
subsection when such appropriations are made.'';
(4) in subsection (d) (as so redesignated), by striking
``subsection (c)'' both places it appears and inserting
``subsection (e)''; and
(5) in subsection (e) (as so redesignated), by striking
``on any of the Federal-aid highway systems'' and inserting
``Federal-aid highways''.
(c) San Mateo County, California.--Notwithstanding any
other provision of law, a project to repair or reconstruct
any portion of a Federal-aid primary route in San Mateo
County, California, that--
(1) was destroyed as a result of a combination of storms in
the winter of 1982-1983 and a mountain slide;
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities; and
(3) complies with the local coastal plan;
shall be eligible for assistance under section 125(a) of
title 23, United States Code.
SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--
Notwithstanding any other provision of law, the funds
appropriated to any Federal land management agency may be
used to pay the non-Federal share of the cost of any Federal-
aid highway project the Federal share of which is funded
under section 104.
``(k) Use of Federal Lands Highways Program Funds.--
Notwithstanding any other provision of law, the funds made
available to carry out the Federal lands highways program
under section 204 may be used to pay the non-Federal share of
the cost of any project that is funded under section 104 and
that provides access to or within Federal or Indian lands.''.
(b) Availability of Funds.--Section 203 of title 23, United
States Code, is amended by adding at the end the following:
``Notwithstanding any other provision of law, the
authorization by the Secretary of engineering and related
work for a Federal lands highways program project, or the
approval by the Secretary of plans, specifications, and
estimates for construction of a Federal lands highways
program project, shall be deemed to constitute a contractual
obligation of the Federal Government to the pay the Federal
share of the cost of the project.''.
(c) Planning and Agency Coordination.--Section 204 of title
23, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment.--
``(1) In general.--Recognizing the need for all Federal
roads that are public roads to be treated under uniform
policies similar to the policies that apply to Federal-aid
highways, there is established a coordinated Federal lands
highways program that shall apply to public lands highways,
park roads and parkways, and Indian reservation roads and
bridges.
``(2) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land
management agency, the Secretary shall develop transportation
planning procedures that are consistent with the metropolitan
and statewide planning processes required under sections 134
and 135.
``(3) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(4) Inclusion in other plans.--All regionally significant
Federal lands highways program projects--
``(A) shall be developed in cooperation with States and
metropolitan planning organizations; and
``(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
``(5) Inclusion in state programs.--The approved Federal
lands highways program transportation improvement program
shall be included in appropriate State and metropolitan
planning organization plans and programs without further
action on the transportation improvement program.
``(6) Development of systems.--The Secretary and the
Secretary of each appropriate Federal land management agency
shall, to the extent appropriate, develop safety, bridge,
pavement, and congestion management systems for roads funded
under the Federal lands highways program.'';
(2) in subsection (b), by striking the first 3 sentences
and inserting the following: ``Funds available for public
lands highways, park roads and parkways, and Indian
reservation roads shall be used by the Secretary and the
Secretary of the appropriate Federal land management agency
to pay for the cost of transportation planning, research,
engineering, and construction of the highways, roads, and
parkways, or of transit facilities within public lands,
national parks, and Indian reservations. In connection with
activities under the preceding sentence, the Secretary and
the Secretary of the appropriate Federal land management
agency may enter into construction contracts and other
appropriate contracts with a State or civil subdivision of a
State or Indian tribe.'';
(3) in the first sentence of subsection (e), by striking
``Secretary of the Interior'' and inserting ``Secretary of
the appropriate Federal land management agency'';
(4) in subsection (h), by adding at the end the following:
``(8) A project to build a replacement of the federally
owned bridge over the Hoover Dam in the Lake Mead National
Recreation Area between Nevada and Arizona.'';
(5) by striking subsection (i) and inserting the following:
``(i) Transfers of Costs to Secretaries of Federal Land
Management Agencies.--
``(1) Administrative costs.--The Secretary shall transfer
to the appropriate Federal land management agency from
amounts made available for public lands highways such amounts
as are necessary to pay necessary administrative costs of the
agency in connection with public lands highways.
``(2) Transportation planning costs.--The Secretary shall
transfer to the appropriate Federal land management agency
from amounts made available for public lands highways such
amounts as are necessary to pay the cost to the agency to
conduct necessary transportation planning for Federal lands,
if funding for the planning is not otherwise provided under
this section.''; and
(6) in subsection (j), by striking the second sentence and
inserting the following: ``The Indian tribal government, in
cooperation with the Secretary of the Interior, and as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation
planning process in accordance with subsection (a).''.
SEC. 1107. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 205 the following:
``Sec. 206. Recreational trails program
``(a) Definitions.--
``(1) Motorized recreation.--The term `motorized
recreation' means off-road recreation using any motor-powered
vehicle, except for a motorized wheelchair.
``(2) Recreational trail; trail.--The term `recreational
trail' or `trail' means a thoroughfare or track across land
or snow, used for recreational purposes such as--
``(A) pedestrian activities, including wheelchair use;
``(B) skating or skateboarding;
``(C) equestrian activities, including carriage driving;
[[Page S9261]]
``(D) nonmotorized snow trail activities, including skiing;
``(E) bicycling or use of other human-powered vehicles;
``(F) aquatic or water activities; and
``(G) motorized vehicular activities, including all-terrain
vehicle riding, motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road motorized vehicles.
``(b) Program.--In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program
to provide and maintain recreational trails (referred to in
this section as the `program').
``(c) State Responsibilities.--To be eligible for
apportionments under this section--
``(1) a State may use apportionments received under this
section for construction of new trails crossing Federal lands
only if the construction is--
``(A) permissible under other law;
``(B) necessary and required by a statewide comprehensive
outdoor recreation plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.);
``(C) approved by the administering agency of the State
designated under paragraph (2); and
``(D) approved by each Federal agency charged with
management of the affected lands, which approval shall be
contingent on compliance by the Federal agency with all
applicable laws, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.), and the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
``(2) the Governor of a State shall designate the State
agency or agencies that will be responsible for administering
apportionments received under this section; and
``(3) the State shall establish within the State a State
trail advisory committee that represents both motorized and
nonmotorized trail users.
``(d) Use of Apportioned Funds.--
``(1) In general.--Funds made available under this section
shall be obligated for trails and trail-related projects
that--
``(A) have been planned and developed under the laws,
policies, and administrative procedures of each State; and
``(B) are identified in, or further a specific goal of, a
trail plan or trail plan element included or referenced in a
metropolitan transportation plan required under section 134
or a statewide transportation plan required under section
135, consistent with the statewide comprehensive outdoor
recreation plan required by the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
``(2) Permissible uses.--Permissible uses of funds made
available under this section include--
``(A) maintenance and restoration of existing trails;
``(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages;
``(C) purchase and lease of trail construction and
maintenance equipment;
``(D) construction of new trails;
``(E) acquisition of easements and fee simple title to
property for trails or trail corridors;
``(F) costs to the State incurred in administering the
program, but in an amount not to exceed 7 percent of the
apportionment received by the State for a fiscal year; and
``(G) operation of educational programs to promote safety
and environmental protection as these objectives relate to
the use of trails.
``(3) Use of apportionments.--
``(A) In general.--Except as provided in subparagraphs (B),
(C), and (D), of the apportionments received for a fiscal
year by a State under this section--
``(i) 40 percent shall be used for trail or trail-related
projects that facilitate diverse recreational trail use
within a trail corridor, trailside, or trailhead, regardless
of whether the project is for diverse motorized use, for
diverse nonmotorized use, or to accommodate both motorized
and nonmotorized recreational trail use;
``(ii) 30 percent shall be used for uses relating to
motorized recreation; and
``(iii) 30 percent shall be used for uses relating to
nonmotorized recreation.
``(B) Small state exclusion.--Any State with a total land
area of less than 3,500,000 acres, and in which nonhighway
recreational fuel use accounts for less than 1 percent of all
such fuel use in the United States, shall be exempted from
the requirements of subparagraph (A) upon application to the
Secretary by the State demonstrating that the State meets the
conditions of this subparagraph.
``(C) Waiver authority.--Upon the request of a State trail
advisory committee established under subsection (c)(3), the
Secretary may waive, in whole or in part, the requirements of
subparagraph (A) with respect to the State if the State
certifies to the Secretary that the State does not have
sufficient projects to meet the requirements of subparagraph
(A).
``(D) State administrative costs.--State administrative
costs eligible for funding under paragraph (2)(F) shall be
exempt from the requirements of subparagraph (A).
``(e) Environmental Benefit or Mitigation.--To the extent
practicable and consistent with the other requirements of
this section, a State should give consideration to project
proposals that provide for the redesign, reconstruction,
nonroutine maintenance, or relocation of trails to benefit
the natural environment or to mitigate and minimize the
impact to the natural environment.
``(f) Federal Share.--
``(1) In general.--Subject to the other provisions of this
subsection, the Federal share of the cost of a project under
this section shall not exceed 80 percent.
``(2) Federal agency project sponsor.--Notwithstanding any
other provision of law, a Federal agency that sponsors a
project under this section may contribute additional Federal
funds toward the cost of a project, except that--
``(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent; and
``(B) the share attributable to the Secretary and the
Federal agency jointly may not exceed 95 percent.
``(3) Use of funds from federal programs to provide non-
federal share.--Notwithstanding any other provision of law,
amounts made available by the Federal Government under any
Federal program that are--
``(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
``(B) expended on a project that is eligible for assistance
under this section;
may be credited toward the non-Federal share of the cost of
the project.
``(4) Programmatic non-federal share.--A State may allow
adjustments to the non-Federal share of an individual project
under this section if the Federal share of the cost of all
projects carried out by the State under the program
(excluding projects funded under paragraph (2) or (3)) using
funds apportioned to the State for a fiscal year does not
exceed 80 percent.
``(5) State administrative costs.--The Federal share of the
administrative costs of a State under this subsection shall
be determined in accordance with section 120(b).
``(g) Uses Not Permitted.--A State may not obligate funds
apportioned under this section for--
``(1) condemnation of any kind of interest in property;
``(2) construction of any recreational trail on National
Forest System land for any motorized use unless--
``(A) the land has been apportioned for uses other than
wilderness by an approved forest land and resource management
plan or has been released to uses other than wilderness by an
Act of Congress; and
``(B) the construction is otherwise consistent with the
management direction in the approved forest land and resource
management plan;
``(3) construction of any recreational trail on Bureau of
Land Management land for any motorized use unless the land--
``(A) has been apportioned for uses other than wilderness
by an approved Bureau of Land Management resource management
plan or has been released to other uses by an Act of
Congress; and
``(B) the construction is otherwise consistent with the
management direction in the approved management plan; or
``(4) upgrading, expanding, or otherwise facilitating
motorized use or access to trails predominantly used by
nonmotorized trail users and on which, as of May 1, 1991,
motorized use is prohibited or has not occurred.
``(h) Project Administration.--
``(1) Credit for donations of funds, materials, services,
or new right-of-way.--
``(A) In general.--Nothing in this title or other law shall
prevent a project sponsor from offering to donate funds,
materials, services, or a new right-of-way for the purposes
of a project eligible for assistance under this section. Any
funds, or the fair market value of any materials, services,
or new right-of-way, may be donated by any project sponsor
and shall be credited to the non-Federal share in accordance
with subsection (f).
``(B) Federal project sponsors.--Any funds or the fair
market value of any materials or services may be provided by
a Federal project sponsor and shall be credited to the
Federal agency's share in accordance with subsection (f).
``(2) Recreational purpose.--A project funded under this
section is intended to enhance recreational opportunity and
is not subject to section 138 of this title or section 303 of
title 49.
``(3) Continuing recreational use.--At the option of each
State, funds made available under this section may be treated
as Land and Water Conservation Fund apportionments for the
purposes of section 6(f)(3) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
``(4) Cooperation by private persons.--
``(A) Written assurances.--As a condition of making
available apportionments for work on recreational trails that
would affect privately owned land, a State shall obtain
written assurances that the owner of the property will
cooperate with the State and participate as necessary in the
activities to be conducted.
``(B) Public access.--Any use of the apportionments to a
State under this section on private land must be accompanied
by an easement or other legally binding agreement that
ensures public access to the recreational trail improvements
funded by the apportionments.
[[Page S9262]]
``(i) Apportionment.--
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means a State that meets the
requirements of subsection (c).
``(2) Apportionment.--Subject to subsection (j), for each
fiscal year, the Secretary shall apportion--
``(A) 50 percent of the amounts made available to carry out
this section equally among eligible States; and
``(B) 50 percent of the amounts made available to carry out
this section among eligible States in proportion to the
quantity of nonhighway recreational fuel used in each
eligible State during the preceding year.
``(j) Administrative Costs.--
``(1) In general.--Whenever an apportionment is made under
subsection (i) of the amounts made available to carry out
this section, the Secretary shall first deduct an amount, not
to exceed 1 percent of the authorized amounts, to pay the
costs to the Secretary for administration of, and research
authorized under, the program.
``(2) Use of contracts.--To carry out research funded under
paragraph (1), the Secretary may--
``(A) enter into contracts with for-profit organizations;
and
``(B) enter into contracts, partnerships, or cooperative
agreements with other government agencies, institutions of
higher learning, or nonprofit organizations.
``(k) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $17,000,000 for fiscal year 1998,
$20,000,000 for fiscal year 1999, $22,000,000 for fiscal year
2000, $23,000,000 for fiscal year 2001, $24,000,000 for
fiscal year 2002, and $25,000,000 for fiscal year 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that the Federal share of the cost of a project under
this section shall be determined in accordance with this
section.''.
(b) Conforming Amendments.--
(1) The Intermodal Surface Transportation Efficiency Act of
1991 is amended by striking part B of title I (16 U.S.C. 1261
et seq.).
(2) The analysis for chapter 2 of title 23, United States
Code, is amended by striking the item relating to section 206
and inserting the following:
``206. Recreational trails program.''.
SEC. 1108. VALUE PRICING PILOT PROGRAM.
(a) In General.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) is amended--
(1) in the subsection heading, by striking ``Congestion''
and inserting ``Value''; and
(2) in paragraph (1), by striking ``congestion'' each place
it appears and inserting ``value''.
(b) Increased Number of Projects.--Section 1012(b)(1) of
the Intermodal Surface Transportation Efficiency Act of 1991
(23 U.S.C. 149 note; 105 Stat. 1938) is amended in the second
sentence by striking ``5'' and inserting ``15''.
(c) Eligibility of Preimplementation Costs.-- Section
1012(b)(2) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)
is amended in the second sentence--
(1) by inserting after ``Secretary shall fund'' the
following: ``all preimplementation costs and project design,
and''; and
(2) by inserting after ``Secretary may not fund'' the
following: ``the implementation costs of''.
(d) Tolling.--Section 1012(b)(4) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) is amended by striking ``a pilot program
under this section, but not on more than 3 of such programs''
and inserting ``any value pricing pilot program under this
subsection''.
(e) HOV Passenger Requirements.--Section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938) is amended by striking
paragraph (6) and inserting the following:
``(6) HOV passenger requirements.--Notwithstanding section
102 of title 23, United States Code, a State may permit
vehicles with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicles are part of a value
pricing pilot program under this subsection.''.
(f) Funding.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) is amended by adding at the end the
following:
``(7) Authorization of contract authority.--
``(A) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $8,000,000 for each of fiscal years
1998 through 2003.
``(B) Availability.--
``(i) In general.--Funds allocated by the Secretary to a
State under this subsection shall remain available for
obligation by the State for a period of 3 years after the
last day of the fiscal year for which the funds are
authorized.
``(ii) Use of unallocated funds.--If the total amount of
funds made available from the Highway Trust Fund under this
subsection but not allocated exceeds $8,000,000 as of
September 30 of any year, the excess amount--
``(I) shall be apportioned in the following fiscal year by
the Secretary to all States in accordance with section
104(b)(3) of title 23, United States Code;
``(II) shall be considered to be a sum made available for
expenditure on the surface transportation program, except
that the amount shall not be subject to section 133(d) of
that title; and
``(III) shall be available for any purpose eligible for
funding under section 133 of that title.
``(C) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of any project under this subsection and the
availability of funds authorized by this paragraph shall be
determined in accordance with this subsection.''.
(g) Conforming Amendments.--Section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938) is amended--
(1) in paragraph (1), by striking ``projects'' each place
it appears and inserting ``programs''; and
(2) in paragraph (5)--
(A) by striking ``projects'' and inserting ``programs'';
and
(B) by striking ``traffic, volume'' and inserting ``traffic
volume''.
SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States
Code, is amended to read as follows:
``Sec. 143. Highway use tax evasion projects
``(a) Definition of State.--In this section, the term
`State' means the 50 States and the District of Columbia.
``(b) Projects.--
``(1) In general.--The Secretary shall use funds made
available under paragraph (7) to carry out highway use tax
evasion projects in accordance with this subsection.
``(2) Allocation of funds.--The funds may be allocated to
the Internal Revenue Service and the States at the discretion
of the Secretary.
``(3) Conditions on funds allocated to internal revenue
service.--The Secretary shall not impose any condition on the
use of funds allocated to the Internal Revenue Service under
this subsection.
``(4) Limitation on use of funds.--Funds made available
under paragraph (7) shall be used only--
``(A) to expand efforts to enhance motor fuel tax
enforcement;
``(B) to fund additional Internal Revenue Service staff,
but only to carry out functions described in this paragraph;
``(C) to supplement motor fuel tax examinations and
criminal investigations;
``(D) to develop automated data processing tools to monitor
motor fuel production and sales;
``(E) to evaluate and implement registration and reporting
requirements for motor fuel taxpayers;
``(F) to reimburse State expenses that supplement existing
fuel tax compliance efforts; and
``(G) to analyze and implement programs to reduce tax
evasion associated with other highway use taxes.
``(5) Maintenance of effort.--The Secretary may not make an
allocation to a State under this subsection for a fiscal year
unless the State certifies that the aggregate expenditure of
funds of the State, exclusive of Federal funds, for motor
fuel tax enforcement activities will be maintained at a level
that does not fall below the average level of such
expenditure for the preceding 2 fiscal years of the State.
``(6) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be 100
percent.
``(7) Authorization of contract authority.--
``(A) In general.--There shall be available to the
Secretary from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $5,000,000 for
each of fiscal years 1998 through 2003.
``(B) Availability of funds.--Funds authorized under this
paragraph shall remain available for obligation for a period
of 1 year after the last day of the fiscal year for which the
funds are authorized.
``(c) Excise Fuel Reporting System.--
``(1) In general.--Not later than April 1, 1998, the
Secretary shall enter into a memorandum of understanding with
the Commissioner of the Internal Revenue Service for the
purposes of the development and maintenance by the Internal
Revenue Service of an excise fuel reporting system (referred
to in this subsection as the `system').
``(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
``(A) the Internal Revenue Service shall develop and
maintain the system through contracts;
``(B) the system shall be under the control of the Internal
Revenue Service; and
``(C) the system shall be made available for use by
appropriate State and Federal revenue, tax, or law
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
``(3) Authorization of appropriations from highway trust
fund.--There are authorized to be appropriated to the
Secretary from the Highway Trust Fund (other than
[[Page S9263]]
the Mass Transit Account) to carry out this subsection--
``(A) $8,000,000 for development of the system; and
``(B) $2,000,000 for each of fiscal years 1998 through 2003
for operation and maintenance of the system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 143
and inserting the following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992)
is repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2204)
is amended--
(A) in the first sentence of subsection (g), by striking
``section 1040 of this Act'' and inserting ``section 143 of
title 23, United States Code,''; and
(B) by striking subsection (h).
SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways and'' after
``construction of''; and
(B) by striking ``(other than the Interstate System)'';
(2) in subsection (e), by striking ``, other than a highway
access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall be
given consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and
State in accordance with sections 134 and 135, respectively.
``(2) Construction.--Bicycle transportation facilities and
pedestrian walkways shall be considered, where appropriate,
in conjunction with all new construction and reconstruction
of transportation facilities, except where bicycle and
pedestrian use are not permitted.
``(3) Safety and contiguous routes.--Transportation plans
and projects shall provide consideration for safety and
contiguous routes for bicyclists and pedestrians.'';
(4) in subsection (h)--
(A) by striking ``No motorized vehicles shall'' and
inserting ``Motorized vehicles may not''; and
(B) by striking paragraph (3) and inserting the following:
``(3) wheelchairs that are powered; and''; and
(5) by striking subsection (j) and inserting the following:
``(j) Definitions.--In this section:
``(1) Bicycle transportation facility.--The term `bicycle
transportation facility' means a new or improved lane, path,
or shoulder for use by bicyclists or a traffic control
device, shelter, or parking facility for bicycles.
``(2) Pedestrian.--The term `pedestrian' means any person
traveling by foot or any mobility impaired person using a
wheelchair.
``(3) Wheelchair.--The term `wheelchair' means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
powered.''.
SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.
(a) General Rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I and II of this
Act shall be expended with small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(b) Definitions.--For purposes of this section, the
following definitions apply:
(1) Small business concern.--The term ``small business
concern'' has the meaning such term has under section 3 of
the Small Business Act (15 U.S.C. 632); except that such term
shall not include any concern or group of concerns controlled
by the same socially and economically disadvantaged
individual or individuals which has average annual gross
receipts over the preceding 3 fiscal years in excess of
$16,600,000, as adjusted by the Secretary for inflation.
(2) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning such term has under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated pursuant
thereto; except that women shall be presumed to be socially
and economically disadvantaged individuals for purposes of
this section.
(c) Annual Listing of Disadvantaged Business Enterprises.--
Each State shall annually survey and compile a list of the
small business concerns referred to in 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. 1112. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code (as amended by
section 1106(a)), is amended--
(1) in each of subsections (a) and (b), by adding at the
end the following: ``In the case of any project subject to
this subsection, a State may determine a lower Federal share
than the Federal share determined under the preceding
sentences of this subsection.''; and
(2) by adding at the end the following:
``(l) Credit for Non-Federal Share.--
``(1) Eligibility.--A State may use as a credit toward the
non-Federal share requirement for any program under the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240) or this title, other than the emergency
relief program authorized by section 125, toll revenues that
are generated and used by public, quasi-public, and private
agencies to build, improve, or maintain, without the use of
Federal funds, highways, bridges, or tunnels that serve the
public purpose of interstate commerce.
``(2) Maintenance of effort.--
``(A) In general.--The credit toward any non-Federal share
under paragraph (1) shall not reduce nor replace State funds
required to match Federal funds for any program under this
title.
``(B) Conditions on receipt of credit.--
``(i) Agreement with the secretary.--To receive a credit
under paragraph (1) for a fiscal year, a State shall enter
into such agreements as the Secretary may require to ensure
that the State will maintain its non-Federal transportation
capital expenditures at or above the average level of such
expenditures for the preceding 3 fiscal years.
``(ii) Exception.--Notwithstanding clause (i), a State may
receive a credit under paragraph (1) for a fiscal year if,
for any 1 of the preceding 3 fiscal years, the non-Federal
transportation capital expenditures of the State were at a
level that was greater than 25 percent of the average level
of such expenditures for the other 2 of the preceding 3
fiscal years.
``(3) Treatment.--
``(A) In general.--Use of the credit toward a non-Federal
share under paragraph (1) shall not expose the agencies from
which the credit is received to additional liability,
additional regulation, or additional administrative
oversight.
``(B) Chartered multistate agencies.--When credit is
applied from a chartered multistate agency under paragraph
(1), the credit shall be applied equally to all charter
States.
``(C) No additional standards.--The public, quasi-public,
and private agencies from which the credit for which the non-
Federal share is calculated under paragraph (1) shall not be
subject to any additional Federal design standards or laws
(including regulations) as a result of providing the credit
beyond the standards and laws to which the agency is already
subject.''.
SEC. 1113. STUDIES AND REPORTS.
(a) Highway Economic Requirement System.--
(1) Methodology.--
(A) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the methodology used by
the Department of Transportation to determine highway needs
using the highway economic requirement system (referred to in
this subsection as the ``model'').
(B) Required element.--The evaluation shall include an
assessment of the extent to which the model estimates an
optimal level of highway infrastructure investment, including
an assessment as to when the model may be overestimating or
underestimating investment requirements.
(C) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit a report to Congress on the results of the evaluation.
(2) State investment plans.--
(A) Study.--In consultation with State transportation
departments and other appropriate State and local officials,
the Comptroller General of the United States shall conduct a
study on the extent to which the highway economic requirement
system of the Federal Highway Administration can be used to
provide States with useful information for developing State
transportation investment plans and State infrastructure
investment projections.
(B) Required elements.--The study shall--
(i) identify any additional data that may need to be
collected beyond the data submitted, prior to the date of
enactment of this Act, to the Federal Highway Administration
through the highway performance monitoring system; and
(ii) identify what additional work, if any, would be
required of the Federal Highway Administration and the States
to make the model useful at the State level.
(C) Report to congress.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General shall
submit a report to Congress on the results of the study.
(b) International Roughness Index.--
(1) Study.--The Comptroller General of the United States
shall submit a report to Congress on the international
roughness index
[[Page S9264]]
that is used as an indicator of pavement quality on the
Federal-aid highway system.
(2) Required elements.--The study shall specify the extent
of usage of the index and the extent to which the
international roughness index measurement is reliable across
different manufacturers and types of pavement.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit a report to Congress on the results of the study.
(c) Reporting of Rates of Obligation.--Section 104 of title
23, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (m); and
(2) by inserting after subsection (i) the following:
``(j) Reporting of Rates of Obligation.--On an annual
basis, the Secretary shall publish or otherwise report rates
of obligation of funds apportioned or set aside under this
section and sections 103 and 133 according to--
``(1) program;
``(2) funding category or subcategory;
``(3) type of improvement;
``(4) State; and
``(5) sub-State geographic area, including urbanized and
rural areas, on the basis of the population of each such
area.''.
SEC. 1114. DEFINITIONS.
(a) Federal-aid Highway Funds and Program.--
(1) In general.--Section 101(a) of title 23, United States
Code, is amended by inserting before the undesignated
paragraph defining ``Federal-aid highways'' the following:
``The term `Federal-aid highway funds' means funds made
available to carry out the Federal-aid highway program.
``The term `Federal-aid highway program' means all programs
authorized under chapters 1, 3, and 5.''.
(2) Conforming amendments.--
(A) Section 101(d) of title 23, United States Code, is
amended by striking ``the construction of Federal-aid
highways or highway planning, research, or development'' and
inserting ``the Federal-aid highway program''.
(B) Section 104(m)(1) of title 23, United States Code (as
redesignated by section 1113(c)(1)), is amended by striking
``Federal-aid highways and the highway safety construction
programs'' and inserting ``the Federal-aid highway program''.
(C) Section 107(b) of title 23, United States Code, is
amended in the second sentence by striking ``Federal-aid
highways'' and inserting ``the Federal-aid highway program''.
(b) Alphabetization of Definitions.--Section 101(a) of
title 23, United States Code, is amended by reordering the
undesignated paragraphs so that they are in alphabetical
order.
SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code
(as amended by section 1107(a)), is amended by inserting
after section 206 the following:
``Sec. 207. Cooperative Federal Lands Transportation Program
``(a) In General.--There is established the Cooperative
Federal Lands Transportation Program (referred to in this
section as the `program'). Funds available for the program
may be used for projects, or portions of projects, on
highways that are owned or maintained by States or political
subdivisions of States and that cross, are adjacent to, or
lead to federally owned land or Indian reservations, as
determined by the State. Such projects shall be proposed by a
State and selected by the Secretary. A project proposed by a
State under this section shall be on a highway or bridge
owned or maintained by the State, or 1 or more political
subdivisions of the State, and may be a highway or bridge
construction or maintenance project eligible under this title
or any project of a type described in section 204(h).
``(b) Distribution of Funds for Projects.--
``(1) In general.--
``(A) In general.--The Secretary--
``(i) after consultation with the Administrator of General
Services, the Secretary of the Interior, and other agencies
as appropriate, shall determine the percentage of the total
land in each State that is owned by the Federal Government or
that is held by the Federal Government in trust;
``(ii) shall determine the sum of the percentages
determined under clause (i) for States with respect to which
the percentage is 4.5 or greater; and
``(iii) shall determine for each State included in the
determination under clause (ii) the percentage obtained by
dividing--
``(I) the percentage for the State determined under clause
(i); by
``(II) the sum determined under clause (ii).
``(B) Adjustment.--The Secretary shall--
``(i) reduce any percentage determined under subparagraph
(A)(iii) that is greater than 7.5 percent to 7.5 percent; and
``(ii) redistribute the percentage points equal to any
reduction under clause (i) among other States included in the
determination under subparagraph (A)(ii) in proportion to the
percentages for those States determined under subparagraph
(A)(iii).
``(2) Availability to states.--Except as provided in
paragraph (3), for each fiscal year, the Secretary shall make
funds available to carry out eligible projects in a State in
an amount equal to the amount obtained by multiplying--
``(A) the percentage for the State, if any, determined
under paragraph (1); by
``(B) the funds made available for the program for the
fiscal year.
``(3) Selection of projects.--The Secretary may establish
deadlines for States to submit proposed projects for funding
under this section, except that in the case of fiscal year
1998 the deadline may not be earlier than January 1, 1998.
For each fiscal year, if a State does not have pending, by
that deadline, applications for projects with an estimated
cost equal to at least 3 times the amount for the State
determined under paragraph (2), the Secretary may distribute,
to 1 or more other States, at the Secretary's discretion, \1/
3\ of the amount by which the estimated cost of the State's
applications is less than 3 times the amount for the State
determined under paragraph (2).
``(c) Transfers.--
``(1) In general.--Notwithstanding any other provision of
law, a State and the Secretary may agree to transfer amounts
made available to a State under this section to the
allocations of the State under section 202 for use in
carrying out projects on any Federal lands highway that is
located in the State.
``(2) Special rule.--This paragraph applies to a State that
contains a national park that was visited by more than
2,500,000 people in 1996 and comprises more than 3,000 square
miles of land area, including surface water, that is located
in the State. For such a State, 50 percent of the amount that
would otherwise be made available to the State for each
fiscal year under the program shall be made available only
for eligible highway uses in the national park and within the
borders of the State. For the purpose of making allocations
under section 202(c), the Secretary may not take into account
the past or future availability, for use on park roads and
parkways in a national park, of funds made available for use
in a national park by this paragraph.
``(d) Rights-of-Way Across Federal Land.--Nothing in this
section affects any claim for a right-of-way across Federal
land.
``(e) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $74,000,000 for each of fiscal years
1998 through 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be made available for obligation in the same
manner as if the funds were apportioned under chapter 1.''.
(b) Conforming Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 207 and inserting the following:
``207. Cooperative Federal Lands Transportation Program.''.
SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING PLANNING.
(a) Definitions.--In this section:
(1) Border region.--The term ``border region'' means--
(A) the region located within 60 miles of the United States
border with Mexico; and
(B) the region located within 60 miles of the United States
border with Canada.
(2) Border state.--The term ``border State'' means a State
of the United States that--
(A) is located along the border with Mexico; or
(B) is located along the border with Canada.
(3) Border station.--The term ``border station'' means a
controlled port of entry into the United States located in
the United States at the border with Mexico or Canada,
consisting of land occupied by the station and the buildings,
roadways, and parking lots on the land.
(4) Federal inspection agency.--The term ``Federal
inspection agency'' means a Federal agency responsible for
the enforcement of immigration laws (including regulations),
customs laws (including regulations), and agriculture import
restrictions, including the United States Customs Service,
the Immigration and Naturalization Service, the Animal and
Plant Health Inspection Service, the Food and Drug
Administration, the United States Fish and Wildlife Service,
and the Department of State.
(5) Gateway.--The term ``gateway'' means a grouping of
border stations defined by proximity and similarity of trade.
(6) Non-federal governmental jurisdiction.--The term ``non-
Federal governmental jurisdiction'' means a regional, State,
or local authority involved in the planning, development,
provision, or funding of transportation infrastructure needs.
(b) Border Crossing Planning Incentive Grants.--
(1) In general.--The Secretary shall make incentive grants
to States and to metropolitan planning organizations
designated under section 134 of title 23, United States Code.
(2) Use of grants.--The grants shall be used to encourage
joint transportation planning activities and to improve
people and vehicle movement into and through international
gateways as a supplement to statewide and metropolitan
transportation planning funding made available under other
provisions of this Act and under title 23, United States
Code.
(3) Condition of grants.--As a condition of receiving a
grant under paragraph (1), a State transportation department
or a metropolitan planning organization shall certify
[[Page S9265]]
to the Secretary that it commits to be engaged in joint
planning with its counterpart agency in Mexico or Canada.
(4) Limitation on amount.--Each State transportation
department or metropolitan planning organization may receive
not more than $100,000 under this subsection for any fiscal
year.
(5) Authorization of contract authority.--
(A) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this subsection $1,400,000 for each of fiscal years 1998
through 2003.
(B) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of a project under this subsection shall be
determined in accordance with subsection (f).
(c) Trade Corridor Planning Incentive Grants.--
(1) Grants.--
(A) In general.--The Secretary shall make grants to States
to encourage, within the framework of the statewide
transportation planning process of the State under section
135 of title 23, United States Code, cooperative multistate
corridor analysis of, and planning for, the safe and
efficient movement of goods along and within international or
interstate trade corridors of national importance.
(B) Identification of corridors.--Each corridor referred to
in subparagraph (A) shall be cooperatively identified by the
States along the corridor.
(2) Corridor plans.--
(A) In general.--As a condition of receiving a grant under
paragraph (1), a State shall enter into an agreement with the
Secretary that specifies that, in cooperation with the other
States along the corridor, the State will submit a plan for
corridor improvements to the Secretary not later than 2 years
after receipt of the grant.
(B) Coordination of planning.--Planning with respect to a
corridor under this subsection shall be coordinated with
transportation planning being carried out by the States and
metropolitan planning organizations along the corridor and,
to the extent appropriate, with transportation planning being
carried out by Federal land management agencies, by tribal
governments, or by government agencies in Mexico or Canada.
(3) Multistate agreements for trade corridor planning.--The
consent of Congress is granted to any 2 or more States--
(A) to enter into multistate agreements, not in conflict
with any law of the United States, for cooperative efforts
and mutual assistance in support of interstate trade corridor
planning activities; and
(B) to establish such agencies, joint or otherwise, as the
States may determine desirable to make the agreements
effective.
(4) Authorization of contract authority.--
(A) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this subsection $3,000,000 for each of fiscal years 1998
through 2003.
(B) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of a project under this subsection shall be
determined in accordance with subsection (f).
(d) Federal Assistance for Trade Corridors and Border
Infrastructure Safety and Congestion Relief.--
(1) Applications for grants.--The Secretary shall make
grants to States or metropolitan planning organizations that
submit an application that--
(A) demonstrates need for assistance in carrying out
transportation projects that are necessary to relieve traffic
congestion or improve enforcement of motor carrier safety
laws; and
(B) includes strategies to involve both the public and
private sectors in the proposed project.
(2) Selection of states, metropolitan planning
organizations, and projects to receive grants.--In selecting
States, metropolitan planning organizations, and projects to
receive grants under this subsection, the Secretary shall
consider--
(A) the annual volume of commercial vehicle traffic at the
border stations or ports of entry of each State as compared
to the annual volume of commercial vehicle traffic at the
border stations or ports of entry of all States;
(B) the extent to which commercial vehicle traffic in each
State has grown since the date of enactment of the North
American Free Trade Agreement Implementation Act (Public Law
103-182) as compared to the extent to which that traffic has
grown in each other State;
(C) the extent of border transportation improvements
carried out by each State since the date of enactment of that
Act;
(D) the reduction in commercial and other travel time
through a major international gateway expected as a result of
the project;
(E) the extent of leveraging of Federal funds provided
under this subsection, including--
(i) use of innovative financing;
(ii) combination with funding provided under other sections
of this Act and title 23, United States Code; and
(iii) combination with other sources of Federal, State,
local, or private funding;
(F) improvements in vehicle and highway safety and cargo
security in and through the gateway concerned;
(G) the degree of demonstrated coordination with Federal
inspection agencies; and
(H) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to
other border stations or ports of entry;
(I) demonstrated local commitment to implement and sustain
continuing comprehensive border planning processes and
improvement programs; and
(J) other factors to promote transport efficiency and
safety, as determined by the Secretary.
(3) Use of grants.--
(A) In general.--A grant under this subsection shall be
used to develop project plans, and implement coordinated and
comprehensive programs of projects, to improve efficiency and
safety.
(B) Type of plans and programs.--The plans and programs may
include--
(i) improvements to transport and supporting
infrastructure;
(ii) improvements in operational strategies, including
electronic data interchange and use of telecommunications to
expedite vehicle and cargo movement;
(iii) modifications to regulatory procedures to expedite
vehicle and cargo flow;
(iv) new infrastructure construction;
(v) purchase, installation, and maintenance of weigh-in-
motion devices and associated electronic equipment in Mexico
or Canada if real time data from the devices is provided to
the nearest border station and to State commercial vehicle
enforcement facilities that serve the border station; and
(vi) other institutional improvements, such as coordination
of binational planning, programming, and border operation,
with special emphasis on coordination with--
(I) Federal inspection agencies; and
(II) their counterpart agencies in Mexico and Canada.
(4) Construction of transportation infrastructure for law
enforcement purposes.--At the request of the Administrator of
General Services, in consultation with the Attorney General,
the Secretary may transfer, during the period of fiscal years
1998 through 2001, not more than $10,000,000 of the amounts
made available under paragraph (5) to the Administrator of
General Services for the construction of transportation
infrastructure necessary for law enforcement in border
States.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $125,000,000
for each of fiscal years 1998 through 2003.
(e) Coordination of Planning.--
(1) Planning and development of border stations.--The
General Services Administration shall be the coordinating
Federal agency in the planning and development of new or
expanded border stations.
(2) Cooperative activities.--In carrying out paragraph (1),
the Administrator of General Services shall cooperate with
Federal inspection agencies and non-Federal governmental
jurisdictions to ensure that--
(A) improvements to border station facilities take into
account regional and local conditions, including the
alignment of highway systems and connecting roadways; and
(B) all facility requirements, associated costs, and
economic impacts are identified.
(f) Cost Sharing.--A grant under this section shall be used
to pay the Federal share of the cost of a project. The
Federal share shall not exceed 80 percent.
(g) Use of Unallocated Funds.--If the total amount of funds
made available from the Highway Trust Fund under this section
but not allocated exceeds $4,000,000 as of September 30 of
any year, the excess amount--
(1) shall be apportioned in the following fiscal year by
the Secretary to all States in accordance with section
104(b)(3) of title 23, United States Code;
(2) shall be considered to be a sum made available for
expenditure on the surface transportation program, except
that the amount shall not be subject to section 133(d) of
that title; and
(3) shall be available for any purpose eligible for funding
under section 133 of that title.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Availability, Release, and Reallocation of Funds.--
Section 201(a) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended--
(1) in the second sentence, by inserting before the period
at the end the following: ``, except that each allocation to
a State shall remain available for expenditure in the State
for the fiscal year in which the allocation is allocated and
for the 3 following fiscal years''; and
(2) by inserting after the second sentence the following:
``Funds authorized under this section for fiscal year 1998 or
a fiscal year thereafter, and not expended by a State during
the 4 fiscal years referred to in the preceding sentence,
shall be released to the Commission for reallocation.''.
(b) Substitute Corridor.--Section 201(b) of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.) is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(2) by striking ``(b) The Commission'' and inserting the
following:
``(b) Designations.--
[[Page S9266]]
``(1) In general.--The Commission''; and
(3) by adding at the end the following:
``(2) Substitute corridor.--In lieu of Corridor H in
Virginia, the Appalachian development highway system shall
include the Virginia portion of the segment identified in
section 332(a)(29) of the National Highway System Designation
Act of 1995 (Public Law 104-59; 109 Stat. 597).
(c) Federal Share for Prefinanced Projects.--Section
201(h)(1) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended by striking ``70 per centum'' and
inserting ``80 percent''.
(d) Authorization of Contract Authority.--Section 201(g) of
the Appalachian Regional Development Act of 1965 (40 U.S.C.
App.) is amended by striking subsection (g) and inserting the
following:
``(g) Authorization of Contract Authority.--
``(1) In general.--
``(A) Fiscal years 1998 through 2003.--For the continued
construction of the Appalachian development highway system
approved as of September 30, 1996, in accordance with this
section, there shall be available from the Highway Trust Fund
(other than the Mass Transit Account) $40,000,000 for each of
fiscal years 1998 through 2000, $50,000,000 for fiscal year
2001, $60,000,000 for fiscal year 2002, and $70,000,000 for
fiscal year 2003.
``(B) Obligation authority.--The Secretary shall provide
equivalent amounts of obligation authority for the funds
authorized under subparagraph (A).
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
shall be determined in accordance with this section and the
funds shall remain available in accordance with subsection
(a).''.
SEC. 1118. INTERSTATE 4R AND BRIDGE DISCRETIONARY PROGRAM.
(a) In General.--Section 104 of title 23, United States
Code (as amended by section 1113(c)(1)), is amended by
inserting after subsection (j) the following:
``(k) Set-Aside for Interstate 4R and Bridge Projects.--
``(1) In general.--For each of fiscal years 1998 through
2003, before any apportionment is made under subsection
(b)(1), the Secretary shall set aside $70,000,000 from
amounts to be apportioned under subsection (b)(1)(A), and
$70,000,000 from amounts to be apportioned under subsection
(b)(1)(B), for allocation by the Secretary--
``(A) for projects for resurfacing, restoring,
rehabilitating, or reconstructing any route or portion of a
route on the Interstate System (other than any highway
designated as a part of the Interstate System under section
103(c)(4) and any toll road on the Interstate System that is
not subject to an agreement under section 119(e) (as in
effect on December 17, 1991) or an agreement under section
129(a));
``(B) for projects for a highway bridge the replacement or
rehabilitation cost of which is more than $10,000,000; and
``(C) for projects for a highway bridge the replacement or
rehabilitation cost of which is less than $10,000,000 if the
cost is at least twice the amount reserved under section
144(c) by the State in which the bridge is located for the
fiscal year in which application is made for a grant for the
bridge.
``(2) Availability to states of interstate 4r funds.--The
Secretary may grant the application of a State for funds made
available for a fiscal year for a project described in
paragraph (1)(A) if the Secretary determines that--
``(A) the State has obligated or demonstrates that it will
obligate for the fiscal year all of the apportionments to the
State under subparagraphs (A) and (B) of subsection (b)(1)
other than an amount that, by itself, is insufficient to pay
the Federal share of the cost of a project described in
paragraph (1)(A) that has been submitted by the State to the
Secretary for approval; and
``(B) the State is willing and able to--
``(i) obligate the funds within 1 year after the date on
which the funds are made available;
``(ii) apply the funds to a project that is ready to be
commenced; and
``(iii) in the case of construction work, begin work within
90 days after the date of obligation of the funds.
``(3) Period of availability of discretionary funds.--
Amounts made available under this subsection shall remain
available until expended.''.
(b) Conforming Amendment.--Section 118 of title 23, United
States Code, is amended by striking subsection (c).
SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY
DEPLOYMENT PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code,
is amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology
deployment program
``(a) Definitions.--In this section:
``(1) Eligible project costs.--The term `eligible project
costs' means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components attached
to guideways, power distribution facilities (including
substations), control and communications facilities, access
roads, and storage, repair, and maintenance facilities, but
not including costs incurred for a new station.
``(2) Full project costs.--The term `full project costs'
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles,
and equipment.
``(3) MAGLEV.--The term `MAGLEV' means transportation
systems employing magnetic levitation that would be capable
of safe use by the public at a speed in excess of 240 miles
per hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the commercial
feasibility study of high-speed ground transportation
conducted under section 1036 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 1978).
``(b) Assistance.--
``(1) In general.--The Secretary shall make available
financial assistance to provide the Federal share of full
project costs of eligible projects selected under this
section.
``(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than \2/3\.
``(3) Use of assistance.--Financial assistance provided
under paragraph (1) shall be used only to pay eligible
project costs of projects selected under this section.
``(c) Solicitation of Applications for Assistance.--Not
later than 180 days after the date of enactment of the
Intermodal Transportation Act of 1997, the Secretary shall
solicit applications from States, or authorities designated
by 1 or more States, for financial assistance authorized by
subsection (b) for planning, design, and construction of
eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive
financial assistance under subsection (b), a project shall--
``(1) involve a segment or segments of a high-speed ground
transportation corridor that exhibit partnership potential;
``(2) require an amount of Federal funds for project
financing that will not exceed--
``(A) the amounts made available under subsection
(h)(1)(A); and
``(B) the amounts made available by States under subsection
(h)(4);
``(3) result in an operating transportation facility that
provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs paid
using non-Federal funds;
``(5) satisfy applicable statewide and metropolitan
planning requirements;
``(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated
by 1 or more States;
``(7) to the extent non-United States MAGLEV technology is
used within the United States, be carried out as a technology
transfer project; and
``(8) be carried out using materials at least 70 percent of
which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The
criteria shall include the extent to which--
``(1) a project is nationally significant, including the
extent to which the project will demonstrate the feasibility
of deployment of MAGLEV technology throughout the United
States;
``(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce the
need for additional highway or airport construction;
``(3) States, regions, and localities financially
contribute to the project;
``(4) implementation of the project will create new jobs in
traditional and emerging industries;
``(5) the project will augment MAGLEV networks identified
as having partnership potential;
``(6) financial assistance would foster public and private
partnerships for infrastructure development and attract
private debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering are
considered and enhanced.
``(f) Project Selection.--Not later than 90 days after a
deadline established by the Secretary for the receipt of
applications, the Secretary shall evaluate the eligible
projects in accordance with the selection criteria and select
1 eligible project for financial assistance.
``(g) Joint Ventures.--A project undertaken by a joint
venture of United States and non-United States persons
(including a project involving the deployment of non-United
States MAGLEV technology in the United States) shall be
eligible for financial assistance under this section if the
project is eligible under subsection (d) and selected under
subsection (f).
``(h) Funding.--
``(1) In general.--
``(A) Authorization of contract authority.--
``(i) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $10,000,000 for fiscal year 1999 and
$20,000,000 for fiscal year 2000.
``(ii) Contract authority.--Funds authorized under this
subparagraph shall be available for obligation in the same
manner as if
[[Page S9267]]
the funds were apportioned under chapter 1, except that--
``(I) the Federal share of the cost of a project carried
out under this section shall be determined in accordance with
subsection (b); and
``(II) the availability of the funds shall be determined in
accordance with paragraph (2).
``(B) Authorization of appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry out this
section $200,000,000 for each of fiscal years 2000 and 2001,
$250,000,000 for fiscal year 2002, and $300,000,000 for
fiscal year 2003.
``(2) Availability of funds.--Funds made available under
paragraph (1) shall remain available until expended.
``(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to carry
out the surface transportation program under section 133 and
the congestion mitigation and air quality improvement program
under section 149 may be used by the State to pay a portion
of the full project costs of an eligible project selected
under this section, without requirement for non-Federal
funds.
``(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under this
section shall be eligible for other forms of financial
assistance provided under this title, including loans, loan
guarantees, and lines of credit.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after
the item relating to section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''.
SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson
Memorial Bridge Authority Act of 1995 (109 Stat. 628) is
amended--
(1) in paragraph (3), by striking ``, including approaches
thereto''; and
(2) in paragraph (5), by striking ``to be determined under
section 407. Such'' and all that follows and inserting the
following: ``as described in the record of decision executed
by the Secretary in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The term includes ongoing short-term rehabilitation and
repairs to the Bridge.''.
(b) Ownership of Bridge.--
(1) Conveyance by the secretary.--Section 407(a)(1) of the
Woodrow Wilson Memorial Bridge Authority Act of 1995 (109
Stat. 630) is amended by inserting ``or any Capital Region
jurisdiction'' after ``Authority'' each place it appears.
(2) Agreement.--Section 407 of the Woodrow Wilson Memorial
Bridge Authority Act of 1995 (109 Stat. 630) is amended by
striking subsection (c) and inserting the following:
``(c) Agreement.--
``(1) In general.--The agreement referred to in subsection
(a) is an agreement concerning the Project that is executed
by the Secretary and the Authority or any Capital Region
jurisdiction that accepts ownership of the Bridge.
``(2) Terms of the agreement.--The agreement shall--
``(A) identify whether the Authority or a Capital Region
jurisdiction will accept ownership of the Bridge;
``(B) contain a financial plan satisfactory to the
Secretary, which shall be prepared before the execution of
the agreement, that specifies--
``(i) the total cost of the Project, including any cost-
saving measures;
``(ii) a schedule for implementation of the Project,
including whether any expedited design and construction
techniques will be used; and
``(iii) the sources of funding that will be used to cover
any costs of the Project not funded from funds made available
under section 412; and
``(C) contain such other terms and conditions as the
Secretary determines to be appropriate.''.
(c) Federal Contribution.--The Woodrow Wilson Memorial
Bridge Authority Act of 1995 (109 Stat. 627) is amended by
adding at the end the following:
``SEC. 412. FEDERAL CONTRIBUTION.
``(a) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account)
$100,000,000 for fiscal year 1998, $100,000,000 for fiscal
year 1999, $125,000,000 for fiscal year 2000, $175,000,000
for fiscal year 2001, $200,000,000 for fiscal year 2002, and
$200,000,000 for fiscal year 2003, to pay the costs of
planning, preliminary engineering and design, final
engineering, acquisition of rights-of-way, and construction
of the Project, except that the costs associated with the
Bridge shall be given priority over other eligible costs,
other than design costs, of the Project.
``(2) Contract authority.--Funds authorized under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that--
``(A) the funds shall remain available until expended and
shall not be subject to any obligation limitation;
``(B) the Federal share of the cost of the Bridge component
of the Project shall not exceed 100 percent; and
``(C) the Federal share of the cost of any other component
of the Project shall not exceed 80 percent.
``(b) Use of Apportioned Funds.--Nothing in this Act limits
the authority of any Capital Region jurisdiction to use funds
apportioned to the jurisdiction under paragraph (1) or (3) of
section 104(b) of title 23, United States Code, in accordance
with the requirements for such funds, to pay any costs of the
Project.
``(c) Availability of Apportioned Funds.--None of the funds
made available under this section shall be available before
the execution of the agreement described in section 407(c),
except that the Secretary may fund the maintenance and
rehabilitation of the Bridge and the design of the
Project.''.
(d) Conforming Amendment.--Section 405(b)(1) of the Woodrow
Wilson Memorial Bridge Authority Act of 1995 (109 Stat. 629)
is amended by striking ``the Signatories as to the Federal
share of the cost of the Project and the terms and conditions
related to the timing of the transfer of the Bridge to''.
SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.
The National Highway System consists of the routes and
transportation facilities depicted on the map submitted by
the Secretary to Congress with the report entitled ``Pulling
Together: The National Highway System and its Connections to
Major Intermodal Terminals'' and dated May 24, 1996.
SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.
(a) In General.--Section 144 of title 23, United States
Code, is amended--
(1) in the section heading, by striking ``program'';
(2) by striking subsections (a) through (n), (p), and (q);
(3) by inserting after the section heading the following:
``(a) Definition of Rehabilitate.--In this section, the
term `rehabilitate' (in any of its forms), with respect to a
bridge, means to carry out major work necessary--
``(1) to address the structural deficiencies, functional
obsolescence, or physical deterioration of the bridge; or
``(2) to correct a major safety defect of the bridge.
``(b) Bridge Inventory.--
``(1) In general.--In consultation with the States, the
Secretary shall--
``(A) annually inventory all highway bridges on public
roads that cross waterways, other topographical barriers,
other highways, and railroads;
``(B) classify each such bridge according to
serviceability, safety, and essentiality for public use; and
``(C) assign each such bridge a priority for replacement or
rehabilitation based on the classification under subparagraph
(B).
``(2) Consultation.--In preparing an inventory of highway
bridges on Indian reservation roads and park roads under
paragraph (1), the Secretary shall consult with the Secretary
of the Interior and the States.
``(3) Inventory of historical bridges.--At the request of a
State, the Secretary may inventory highway bridges on public
roads for historical significance.
``(c) Certification by the State.--Not later than 180 days
after the end of each fiscal year beginning with fiscal year
1998, each State shall certify to the Secretary, either
that--
``(1) the State has reserved, from funds apportioned to the
State for the preceding fiscal year, to carry out bridge
projects eligible under sections 103(b)(5), 119, and 133(b),
an amount that is not less than the amount apportioned to the
State under this section for fiscal year 1997; or
``(2) the amount that the State will reserve, from funds
apportioned to the State for the period consisting of fiscal
years 1998 through 2001, to carry out bridge projects
eligible under sections 103(b)(5), 119, and 133(b), will be
not less than 4 times the amount apportioned to the State
under this section for fiscal year 1997.
``(d) Use of Reserved Funds.--A State may use funds
reserved under subsection (c) to replace, rehabilitate,
reconstruct, seismically retrofit, paint, apply calcium
magnesium acetate to, or install scour countermeasures on a
highway bridge on a public road that crosses a waterway,
other topographical barrier, other highway, or railroad.
``(e) Off-System Bridges.--
``(1) Required expenditure.--For each fiscal year, an
amount equal to not less than 15 percent of the amount
apportioned to a State under this section for fiscal year
1997 shall be expended by the State for projects to replace,
rehabilitate, reconstruct, seismically retrofit, paint, apply
calcium magnesium acetate to, or install scour
countermeasures on highway bridges located on public roads
that are functionally classified as local roads or rural
minor collectors.
``(2) Use of funds to meet required expenditure.--Funds
reserved under subsection (c) and funds made available under
section 104(b)(1) for the National Highway System or under
section 104(b)(3) for the surface transportation program may
be used to meet the requirement for expenditure under
paragraph (1).
``(3) Reduction of required expenditure.--After
consultation with local and State officials in a State, the
Secretary may, with respect to the State, reduce the
requirement for expenditure under paragraph (1) if the
Secretary determines that the State has inadequate needs to
justify the expenditure.
``(f) Federal Share.--The Federal share of the cost of a
project under this section shall be 80 percent.
``(g) Bridge Permit Exemption.--
[[Page S9268]]
``(1) In general.--Subject to paragraph (2),
notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to
each bridge authorized to be replaced, in whole or in part,
under this section.
``(2) Exception.--Section 502(b) of the General Bridge Act
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March
3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401), shall
not apply to any bridge constructed, reconstructed,
rehabilitated, or replaced with assistance under this title
if the bridge is over waters that are--
``(A) not used and not susceptible to use in their natural
condition or by reasonable improvement as a means to
transport interstate or foreign commerce; and
``(B)(i) not tidal; or
``(ii) tidal but used only by recreational boating,
fishing, and other small vessels that are less than 21 feet
in length.
``(h) Indian Reservation Road Bridges.--
``(1) Nationwide priority program.--The Secretary shall
establish a nationwide priority program for improving
deficient Indian reservation road bridges.
``(2) Reservation of funds.--
``(A) In general.--Of the amounts authorized for Indian
reservation roads for each fiscal year, the Secretary, in
cooperation with the Secretary of the Interior, shall reserve
not less than $9,000,000 for projects to replace,
rehabilitate, seismically retrofit, paint, apply calcium
magnesium acetate to, or install scour countermeasures for
deficient Indian reservation road bridges, including
multiple-pipe culverts.
``(B) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in subparagraph (A)
must--
``(i) have an opening of 20 feet or more;
``(ii) be on an Indian reservation road;
``(iii) be unsafe because of structural deficiencies,
physical deterioration, or functional obsolescence; and
``(iv) be recorded in the national bridge inventory
administered by the Secretary under subsection (b).
``(3) Approval requirement.--Funds to carry out Indian
reservation road bridge projects under this subsection shall
be made available only on approval of plans, specifications,
and estimates by the Secretary.'';
(4) by redesignating subsection (o) as subsection (i); and
(5) in subsection (i) (as so redesignated)--
(A) in paragraph (1), by inserting ``for alternative
transportation purposes (including bikeway and walkway
projects eligible for funding under this title)'' after
``adaptive reuse'';
(B) in paragraph (3)--
(i) by inserting ``(regardless of whether the intended use
is for motorized vehicular traffic or for alternative public
transportation purposes)'' after ``intended use''; and
(ii) by inserting ``or for alternative public
transportation purposes'' after ``no longer used for
motorized vehicular traffic''; and
(C) in the second sentence of paragraph (4)--
(i) by inserting ``for motorized vehicles, alternative
vehicular traffic, or alternative public transportation''
after ``historic bridge''; and
(ii) by striking ``up to an amount not to exceed the cost
of demolition''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 144 and inserting the following:
``144. Highway bridge replacement and rehabilitation.''.
SEC. 1123. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) Established Program.--Section 149(a) of title 23,
United States Code, is amended by striking ``Establishment.--
The Secretary shall establish'' and inserting ``In General.--
The Secretary shall carry out''.
(b) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended in the first sentence--
(1) by striking ``that was designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) during any part of fiscal year 1994'' and inserting
``that is designated as a nonattainment area under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) or classified
as a submarginal ozone nonattainment area under that Act, or
if the project or program is for a maintenance area or an
area that, as of the date of enactment of the Intermodal
Transportation Act of 1997, is considered by the
Administrator of the Environmental Protection Agency to be a
flexible attainment region'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``clauses (xii) and''
and inserting ``clause''; and
(B) in subparagraph (B), by striking ``such section'' and
inserting ``section 108(f)(1)(A) (other than clause (xvi)) of
the Clean Air Act (42 U.S.C. 7408(f)(1)(A))'';
(3) in paragraph (2), by inserting ``or maintenance'' after
``State implementation'';
(4) in paragraph (3), by inserting ``or maintenance of the
standard'' after ``standard''; and
(5) in paragraph (4), by inserting ``or maintenance'' after
``attainment''.
(c) States Receiving Minimum Apportionment.--Section 149 of
title 23, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) States Receiving Minimum Apportionment.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.), the State
may use funds apportioned to the State under section
104(b)(2) for any project eligible under the surface
transportation program under section 133.
``(2) States with a nonattainment area.--If a State has a
nonattainment area or maintenance area and receives funds
under section 104(b)(2)(D) above the amount of funds that the
State would have received based on its nonattainment and
maintenance area population under subparagraphs (B) and (C)
of section 104(b)(2), the State may use that portion of the
funds not attributed to the nonattainment or maintenance area
for any project eligible under section 133.''.
(d) Federal Share.--Section 120(c) of title 23, United
States Code, is amended in the first sentence by striking
``The'' and inserting ``Except in the case of a project
funded from sums apportioned under section 104(b)(2), the''.
(e) Conforming Amendments.--
(1) Section 101(a) of title 23, United States Code, is
amended by inserting after the undesignated paragraph
defining ``maintenance'' the following:
``The term `maintenance area' means an area that was
designated as a nonattainment area, but was later
redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)).''.
(2) Section 149(b)(1)(A)(ii) of title 23, United States
Code, is amended by striking ``an area'' and all that follows
and inserting ``a maintenance area; or''.
SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.
Section 355 of the National Highway System Designation Act
of 1995 (109 Stat. 624) is amended--
(1) in the section heading, by striking ``AND MAINE'';
(2) in subsection (a)--
(A) by striking ``States of New Hampshire and Maine shall
each'' and inserting ``State of New Hampshire shall'';
(B) in paragraph (1), by striking ``and 1996'' and
inserting ``through 2000''; and
(3) by striking ``or Maine'' each place it appears.
Subtitle B--Program Streamlining and Flexibility
CHAPTER 1--GENERAL PROVISIONS
SEC. 1201. ADMINISTRATIVE EXPENSES.
Section 104 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on the surface
transportation program under section 133, the congestion
mitigation and air quality improvement program under section
149, or the National Highway System under section 103, the
Secretary shall deduct a sum, in an amount not to exceed 1\1/
2\ percent of all sums so made available, as the Secretary
determines necessary to administer the provisions of law to
be financed from appropriations for the Federal-aid highway
program and programs authorized under chapter 2.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary shall
take into account the unobligated balance of any sums
deducted under that paragraph in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR
PRESERVATION.
(a) Advance Acquisition of Real Property.--Section 108 of
title 23, United States Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 108. Advance acquisition of real property'';
and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of real
property for a transportation improvement eligible for
funding under this title, the Secretary, upon the request of
a State, may make available, for the acquisition of real
property, such funds apportioned to the State as may be
expended on the transportation improvement, under such rules
and regulations as the Secretary may issue.
``(2) Construction.--The agreement between the Secretary
and the State for the reimbursement of the cost of the real
property shall provide for the actual construction of the
transportation improvement within a period not to exceed 20
years following the fiscal year for which the request is
made, unless the Secretary determines that a longer period is
reasonable.''.
(b) Credit for Acquired Lands.--Section 323(b) of title 23,
United States Code, is amended--
(1) in the subsection heading, by striking ``Donated'' and
inserting ``Acquired'';
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Notwithstanding any other provision of
this title, the State share of the cost of a project with
respect to which Federal assistance is provided from the
Highway Trust Fund (other than the Mass Transit Account) may
be credited in an amount equal to the fair market value of
any land that--
[[Page S9269]]
``(A) is obtained by the State, without violation of
Federal law; and
``(B) is incorporated into the project.
``(2) Establishment of fair market value.--The fair market
value of land incorporated into a project and credited under
paragraph (1) shall be established in the manner determined
by the Secretary, except that--
``(A) the fair market value shall not include any increase
or decrease in the value of donated property caused by the
project; and
``(B) the fair market value of donated land shall be
established as of the earlier of--
``(i) the date on which the donation becomes effective; or
``(ii) the date on which equitable title to the land vests
in the State.'';
(3) by striking paragraph (3);
(4) in paragraph (4), by striking ``to which the donation
is applied''; and
(5) by redesignating paragraph (4) as paragraph (3).
(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 108 and inserting the following:
``108. Advance acquisition of real property.''.
SEC. 1203. AVAILABILITY OF FUNDS.
Section 118 of title 23, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Availability of Funds.--
``(1) In general.--Any Federal-aid highway funds released
by the final payment on a project, or by the modification of
a project agreement, shall be credited to the same program
funding category for which the funds were previously
apportioned and shall be immediately available for
obligation.
``(2) Transfer of interstate construction funds.--Any
Federal-aid highway funds apportioned to a State under
section 104(b)(5)(A) (as in effect on the day before the date
of enactment of this paragraph) and credited under paragraph
(1) may be transferred by the Secretary in accordance with
section 103(d).''.
SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) in subsection (a), by striking the second and third
sentences and inserting the following: ``The payments may
also be made for the value of such materials as--
``(1) have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for
the projects; and
``(2) are not in the vicinity of the construction if the
Secretary determines that because of required fabrication at
an off-site location the materials cannot be stockpiled in
the vicinity.'';
(2) by striking subsection (b) and inserting the following:
``(b) Project Agreements.--
``(1) Payments.--A payment under this chapter may be made
only for a project covered by a project agreement.
``(2) Source of payments.--After completion of a project in
accordance with the project agreement, a State shall be
entitled to payment, out of the appropriate sums apportioned
or allocated to the State, of the unpaid balance of the
Federal share of the cost of the project.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 1205. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) In General.--Section 156 of title 23, United States
Code, is amended to read as follows:
``Sec. 156. Proceeds from the sale or lease of real property
``(a) Minimum Charge.--Subject to section 142(f), a State
shall charge, at a minimum, fair market value for the sale,
use, lease, or lease renewal (other than for utility use and
occupancy or for a transportation project eligible for
assistance under this title) of real property acquired with
Federal assistance made available from the Highway Trust Fund
(other than the Mass Transit Account).
``(b) Exceptions.--The Secretary may grant an exception to
the requirement of subsection (a) for a social,
environmental, or economic purpose.
``(c) Use of Federal Share of Income.--The Federal share of
net income from the revenues obtained by a State under
subsection (a) shall be used by the State for projects
eligible under this title.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 156 and inserting the following:
``156. Proceeds from the sale or lease of real property.''.
SEC. 1206. METRIC CONVERSION AT STATE OPTION.
Section 205(c)(2) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note; 109 Stat. 577)
is amended by striking ``Before September 30, 2000, the'' and
inserting ``The''.
SEC. 1207. REPORT ON OBLIGATIONS.
Section 104(m) of title 23, United States Code (as
redesignated by section 1113(c)(1)), is amended--
(1) by inserting ``Report to Congress.--'' before ``The
Secretary'';
(2) by striking ``not later than'' and all that follows
through ``a report'' and inserting ``a report for each fiscal
year'';
(3) in paragraph (1), by striking ``preceding calendar
month'' and inserting ``preceding fiscal year'';
(4) by striking paragraph (2);
(5) in paragraph (3), by striking ``such preceding month''
and inserting ``that preceding fiscal year''; and
(6) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 1208. TERMINATIONS.
(a) Right-of-Way Revolving Fund.--Section 108 of title 23,
United States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Termination of Right-of-Way Revolving Fund.--
``(1) In general.--Funds apportioned and advanced to a
State by the Secretary from the right-of-way revolving fund
established by this section prior to the date of enactment of
the Intermodal Transportation Act of 1997 shall remain
available to the State for use on the projects for which the
funds were advanced for a period of 20 years from the date on
which the funds were advanced.
``(2) Credit to highway trust fund.--With respect to a
project for which funds have been advanced from the right-of-
way revolving fund, upon the termination of the 20-year
period referred to in paragraph (1), when actual construction
is commenced, or upon approval by the Secretary of the plans,
specifications, and estimates for the actual construction of
the project on the right-of-way, whichever occurs first--
``(A) the Highway Trust Fund shall be credited with an
amount equal to the Federal share of the funds advanced, as
provided in section 120, out of any Federal-aid highway funds
apportioned to the State in which the project is located and
available for obligation for projects of the type funded; and
``(B) the State shall reimburse the Secretary in an amount
equal to the non-Federal share of the funds advanced for
deposit in, and credit to, the Highway Trust Fund.''.
(b) Pilot Toll Collection Program.--Section 129 of title
23, United States Code, is amended by striking subsection
(d).
(c) National Recreational Trails Advisory Committee.--As
soon as practicable after the date of enactment of this Act,
the Secretary shall take such action as is necessary for the
termination of the National Recreational Trails Advisory
Committee established by section 1303 of the Intermodal
Surface Transportation Efficiency Act of 1991 (16 U.S.C.
1262) (as in effect on the day before the date of enactment
of this Act).
(d) Congressional Bridge Commissions.--Public Law 87-441
(76 Stat. 59) is repealed.
SEC. 1209. INTERSTATE MAINTENANCE.
(a) Interstate Funds.--Section 119 of title 23, United
States Code, is amended--
(1) in subsection (a), by striking the second sentence;
(2) by striking subsection (d); and
(3) by striking subsection (f) and inserting the following:
``(f) Transferability of Funds.--
``(1) Unconditional.--A State may transfer an amount not to
exceed 30 percent of the sums apportioned to the State under
subparagraphs (A) and (B) of section 104(b)(1) to the
apportionment of the State under paragraphs (1)(C) and (3) of
section 104(b).
``(2) Upon acceptance of certification.--If a State
certifies to the Secretary that any part of the sums
apportioned to the State under subparagraphs (A) and (B) of
section 104(b)(1) is in excess of the needs of the State for
resurfacing, restoring, rehabilitating, or reconstructing
routes and bridges on the Interstate System in the State and
that the State is adequately maintaining the routes and
bridges, and the Secretary accepts the certification, the
State may transfer, in addition to the amount authorized to
be transferred under paragraph (1), an amount not to exceed
20 percent of the sums apportioned to the State under
subparagraphs (A) and (B) of section 104(b)(1) to the
apportionment of the State under paragraphs (1)(C) and (3) of
section 104(b).''.
(b) Eligibility.--Section 119 of title 23, United States
Code, is amended--
(1) in the first sentence of subsection (a), by striking
``and rehabilitating'' and inserting ``, rehabilitating, and
reconstructing'';
(2) by striking subsections (b), (c), (e), and (g);
(3) by inserting after subsection (a) the following:
``(b) Eligible Activities.--
``(1) In general.--A State--
``(A) may use funds apportioned under subparagraph (A) or
(B) of section 104(b)(1) for resurfacing, restoring,
rehabilitating, and reconstructing routes on the Interstate
System, including--
``(i) resurfacing, restoring, rehabilitating, and
reconstructing bridges, interchanges, and overcrossings;
``(ii) acquiring rights-of-way; and
``(iii) intelligent transportation system capital
improvements that are infrastructure-based to the extent that
they improve the performance of the Interstate System; but
``(B) may not use the funds for construction of new travel
lanes other than high-occupancy vehicle lanes or auxiliary
lanes.
``(2) Expansion of capacity.--
``(A) Using transferred funds.--Notwithstanding paragraph
(1), funds transferred under subsection (c)(1) may be used
for construction to provide for expansion of the capacity of
an Interstate System highway (including a bridge).
``(B) Using funds not transferred.--
``(i) In general.--In lieu of transferring funds under
subsection (c)(1) and using the transferred funds for the
purpose described
[[Page S9270]]
in subparagraph (A), a State may use an amount of the sums
apportioned to the State under subparagraph (A) or (B) of
section 104(b)(1) for the purpose described in subparagraph
(A).
``(ii) Limitation.--The sum of the amount used under clause
(i) and any amount transferred under subsection (c)(1) by a
State may not exceed 30 percent of the sums apportioned to
the State under subparagraphs (A) and (B) of section
104(b)(1).''; and
(4) by redesignating subsection (f) as subsection (c).
(c) Conforming Amendments.--
(1) Section 119(a) of title 23, United States Code, is
amended in the first sentence by striking ``; except that the
Secretary may only approve a project pursuant to this
subsection on a toll road if such road is subject to a
Secretarial agreement provided for in subsection (e)''.
(2) Section 1009(c)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 119 note;
105 Stat. 1933) is amended by striking ``section 119(f)(1)''
and inserting ``section 119(c)(1)''.
CHAPTER 2--PROJECT APPROVAL
SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.
Section 104 of title 23, United States Code (as amended by
section 1118), is amended by inserting after subsection (k)
the following:
``(l) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available
under this title and transferred for transit projects shall
be administered by the Secretary in accordance with chapter
53 of title 49, except that the provisions of this title
relating to the non-Federal share shall apply to the
transferred funds.
``(2) Transfer of transit funds.--Funds made available
under chapter 53 of title 49 and transferred for highway
projects shall be administered by the Secretary in accordance
with this title, except that the provisions of that chapter
relating to the non-Federal share shall apply to the
transferred funds.
``(3) Transfer to amtrak and publicly-owned passenger rail
lines.--Funds made available under this title or chapter 53
of title 49 and transferred to the National Railroad
Passenger Corporation or to any publicly-owned intercity or
intracity passenger rail line shall be administered by the
Secretary in accordance with subtitle V of title 49, except
that the provisions of this title or chapter 53 of title 49,
as applicable, relating to the non-Federal share shall apply
to the transferred funds.
``(4) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1)
through (3) shall be transferred in the same manner and
amount as the funds for the projects are transferred.''.
SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 106. Project approval and oversight'';
(2) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively;
(3) by striking subsections (a) through (d) and inserting
the following:
``(a) In General.--Except as otherwise provided in this
section, the State transportation department shall submit to
the Secretary for approval such plans, specifications, and
estimates for each proposed project as the Secretary may
require. The Secretary shall act upon such plans,
specifications, and estimates as soon as practicable after
they have been submitted, and shall enter into a formal
project agreement with the State transportation department
formalizing the conditions of the project approval. The
execution of such project agreement shall be deemed a
contractual obligation of the Federal Government for the
payment of its proportional contribution thereto. In taking
such action, the Secretary shall be guided by the provisions
of section 109 of this title.
``(b) Project Agreement.--The project agreement shall make
provision for State funds required for the State's pro rata
share of the cost of construction of the project and for the
maintenance of the project after completion of construction.
The Secretary may rely upon representations made by the State
transportation department with respect to the arrangements or
agreements made by the State transportation department and
appropriate local officials where a part of the project is to
be constructed at the expense of, or in cooperation with,
local subdivisions of the State.
``(c) Special Rules for Project Oversight.--
``(1) NHS projects.--Except as otherwise provided in
subsection (d) of this section, the Secretary may discharge
to the State any of the Secretary's responsibilities for the
design, plans, specifications, estimates, contract awards,
and inspection of projects under this title on the National
Highway System. Before discharging responsibilities to the
State, the Secretary shall reach agreement with the State as
to the extent to which the State may assume the
responsibilities of the Secretary under this subsection. The
Secretary may not assume any greater responsibility than the
Secretary is permitted under this title as of September 30,
1997, except upon agreement by the Secretary and the State.
``(2) Non-nhs projects.--For all projects under this title
that are off the National Highway System, the State may
request that the Secretary no longer review and approve the
design, plans, specifications, estimates, contract awards,
and inspection of projects under this title. After receiving
any such request, the Secretary shall undertake project
review only as requested by the State.
``(d) Responsibilities of the Secretary.--
``(1) In general.--Subject to paragraph (2), nothing in
this section, section 133, or section 149 shall affect or
discharge any responsibility or obligation of the Secretary
under any Federal law other than this title.
``(2) Limitation.--Any responsibility or obligation of the
Secretary under sections 113 and 114 of this title shall not
be affected and may not be discharged under this section,
section 133, or section 149.
``(e) Value Engineering Analysis.--In such cases as the
Secretary determines advisable, plans, specifications, and
estimates for proposed projects on any Federal-aid highway
shall be accompanied by a value engineering or other cost
reduction analysis.
``(f) Financial Plan.--The Secretary shall require a
financial plan to be prepared for any project with an
estimated total cost of $1,000,000,000 or more.''.
(b) Standards.--
(1) Elimination of guidelines and annual certification
requirements.--Section 109 of title 23, United States Code,
is amended--
(A) by striking subsection (m); and
(B) by redesignating subsections (n) through (q) as
subsections (m) through (p), respectively.
(2) Safety standards.--Section 109 of title 23, United
States Code (as amended by paragraph (1)), is amended by
adding at the end the following:
``(q) Phase Construction.--Safety considerations for a
project under this title may be met by phase construction.''.
(c) Programs; Project Agreements; Certification
Acceptance.--Sections 110 and 117 of title 23, United States
Code, are repealed.
(d) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23 is amended--
(A) by striking the item relating to section 106 and
inserting the following:
``106. Project approval and oversight.'';
and
(B) by striking the items relating to sections 110 and 117.
(2) Section 101(a) of title 23, United States Code, is
amended in the undesignated paragraph defining ``project
agreement'' by striking ``the provisions of subsection (a) of
section 110 of this title'' and inserting ``section 106''.
(3) Section 114(a) of title 23, United States Code, is
amended in the second sentence by striking ``section 117 of
this title'' and inserting ``section 106''.
SEC. 1223. SURFACE TRANSPORTATION PROGRAM.
(a) Transportation Enhancement Activities.--Section 133 of
title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``10'' and inserting
``8''; and
(B) in the first sentence of paragraph (3), by striking
``80'' and inserting ``82''; and
(2) in subsection (e)--
(A) in paragraph (3)(B)(i), by striking ``if the
Secretary'' and all that follows through ``activities''; and
(B) in paragraph (5), by adding at the end the following:
``(C) Innovative financing.--
``(i) In general.--For each fiscal year, the average annual
non-Federal share of the total cost of all projects to carry
out transportation enhancement activities in a State shall be
not less than the non-Federal share authorized for the State
under section 120(b).
``(ii) Exception.--Subject to clause (i), notwithstanding
section 120, in the case of projects to carry out
transportation enhancement activities--
``(I) funds from other Federal agencies, and other
contributions that the Secretary determines are of value, may
be credited toward the non-Federal share of project costs;
``(II) the non-Federal share may be calculated on a
project, multiple-project, or program basis; and
``(III) the Federal share of the cost of an individual
project subject to subclause (I) or (II) may be equal to 100
percent.''.
(b) Program Approval.--Section 133(e) of title 23, United
States Code, is amended by striking paragraph (2) and
inserting the following:
``(2) Program approval.--
``(A) Submission of project agreement.--For each fiscal
year, each State shall submit a project agreement that--
``(i) certifies that the State will meet all the
requirements of this section; and
``(ii) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
``(B) Request for adjustments of amounts.--As necessary,
each State shall request from the Secretary adjustments to
the amount of obligations referred to in subparagraph
(A)(ii).
``(C) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under subparagraph (A) shall
be deemed a contractual obligation of the United States to
pay surface transportation program funds made available under
this title.''.
(c) Payments.--Section 133(e)(3)(A) of title 23, United
States Code, is amended by striking the second sentence.
[[Page S9271]]
SEC. 1224. DESIGN-BUILD CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States
Code, is amended--
(1) in the first sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2)(A), by striking ``Each'' and inserting
``Subject to paragraph (3), each''; and
(3) by adding at the end the following:
``(3) Design-build contracting.--
``(A) In general.--A State transportation department may
award a contract for the design and construction of a
qualified project described in subparagraph (B) using
competitive selection procedures approved by the Secretary.
``(B) Qualified projects.--A qualified project referred to
in subparagraph (A) is a project under this chapter that
involves installation of an intelligent transportation system
or that consists of a usable project segment and for which--
``(i) the Secretary has approved the use of design-build
contracting described in subparagraph (A) under criteria
specified in regulations promulgated by the Secretary; and
``(ii) the total costs are estimated to exceed--
``(I) in the case of a project that involves installation
of an intelligent transportation system, $10,000,000; and
``(II) in the case of a usable project segment,
$50,000,000.''.
(b) Competitive Bidding Defined.--Section 112 of title 23,
United States Code, is amended by striking subsection (f) and
inserting the following:
``(f) Competitive Bidding Defined.--In this section, the
term `competitive bidding' means the procedures used to award
contracts for engineering and design services under
subsection (b)(2) and design-build contracts under subsection
(b)(3).''.
(c) Regulations.--
(1) In general.--Not later than the effective date
specified in subsection (e), the Secretary shall promulgate
regulations to carry out the amendments made by this section.
(2) Contents.--The regulations shall--
(A) identify the criteria to be used by the Secretary in
approving the use by a State transportation department of
design-build contracting; and
(B) establish the procedures to be followed by a State
transportation department for obtaining the Secretary's
approval of the use of design-build contracting by the
department and the selection procedures used by the
department.
(d) Effect on Experimental Program.--Nothing in this
section or the amendments made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning design-build contracting that
is being carried out by the Secretary as of the date of
enactment of this Act.
(e) Effective Date for Amendments.--The amendments made by
this section take effect 2 years after the date of enactment
of this Act.
CHAPTER 3--ELIGIBILITY AND FLEXIBILITY
SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.
Section 101(a) of title 23, United States Code, is amended
by striking the undesignated paragraph defining ``operational
improvement'' and inserting the following:
``The term `operational improvement' means the
installation, operation, or maintenance, in accordance with
subchapter II of chapter 5, of public infrastructure to
support intelligent transportation systems and includes the
installation or operation of any traffic management activity,
communication system, or roadway weather information and
prediction system, and any other improvement that the
Secretary may designate that enhances roadway safety and
mobility during adverse weather.''.
SEC. 1232. ELIGIBILITY OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) In General.--Section 129(c) of title 23, United States
Code, is amended by inserting ``in accordance with sections
103, 133, and 149,'' after ``toll or free,''.
(b) National Highway System.--Section 103(b)(5) of title
23, United States Code (as amended by section 1234), is
amended by adding at the end the following:
``(R) Construction of ferry boats and ferry terminal
facilities, if the conditions described in section 129(c) are
met.''.
(c) Surface Transportation Program.--Section 133(b) of
title 23, United States Code, is amended by adding at the end
the following:
``(12) Construction of ferry boats and ferry terminal
facilities, if the conditions described in section 129(c) are
met.''.
(d) Congestion Mitigation and Air Quality Improvement
Program.--Section 149(b) of title 23, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) if the project or program is to construct a ferry
boat or ferry terminal facility and if the conditions
described in section 129(c) are met.''.
SEC. 1233. FLEXIBILITY OF SAFETY PROGRAMS.
Section 133(d) of title 23, United States Code, is amended
by striking paragraph (1) and inserting the following:
``(1) Safety programs.--
``(A) In general.--With respect to funds apportioned for
each of fiscal years 1998 through 2003--
``(i) an amount equal to 2 percent of the amount
apportioned to a State under section 104(b)(3) shall be
available only to carry out activities eligible under section
130;
``(ii) an amount equal to 2 percent of the amount
apportioned to a State under section 104(b)(3) shall be
available only to carry out activities eligible under section
152; and
``(iii) an amount equal to 6 percent of the amount
apportioned to a State under section 104(b)(3) shall be
available only to carry out activities eligible under section
130 or 152.
``(B) Transfer of funds.--If a State certifies to the
Secretary that any part of the amount set aside by the State
under subparagraph (A)(i) is in excess of the needs of the
State for activities under section 130 and the Secretary
accepts the certification, the State may transfer that excess
part to the set-aside of the State under subparagraph
(A)(ii).
``(C) Transfers to other safety programs.--A State may
transfer funds set aside under subparagraph (A)(iii) to the
apportionment of the State under section 402 or the
allocation of the State under section 31104 of title 49.''.
SEC. 1234. ELIGIBILITY OF PROJECTS ON THE NATIONAL HIGHWAY
SYSTEM.
Section 103(b) of title 23, United States Code (as amended
by section 1701(a)), is amended by adding at the end the
following:
``(5) Eligible projects for nhs.--Subject to approval by
the Secretary, funds apportioned to a State under section
104(b)(1)(C) for the National Highway System may be obligated
for any of the following:
``(A) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the National
Highway System.
``(B) Operational improvements for segments of the National
Highway System.
``(C) Construction of, and operational improvements for, a
Federal-aid highway not on the National Highway System,
construction of a transit project eligible for assistance
under chapter 53 of title 49, and capital improvements to any
National Railroad Passenger Corporation passenger rail line
or any publicly-owned intercity passenger rail line, if--
``(i) the highway, transit, or rail project is in the same
corridor as, and in proximity to, a fully access-controlled
highway designated as a part of the National Highway System;
``(ii) the construction or improvements will improve the
level of service on the fully access-controlled highway
described in clause (i) and improve regional traffic flow;
and
``(iii) the construction or improvements are more cost-
effective than an improvement to the fully access-controlled
highway described in clause (i).
``(D) Highway safety improvements for segments of the
National Highway System.
``(E) Transportation planning in accordance with sections
134 and 135.
``(F) Highway research and planning in accordance with
chapter 5.
``(G) Highway-related technology transfer activities.
``(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways in
accordance with section 217.
``(L) Development, establishment, and implementation of
management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetland mitigation efforts related to projects funded under
this title, which may include participation in natural
habitat and wetland mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetland, and development of
statewide and regional natural habitat and wetland
conservation and mitigation plans, including any such banks,
efforts, and plans authorized under the Water Resources
Development Act of 1990 (Public Law 101-640) (including
crediting provisions). Contributions to the mitigation
efforts described in the preceding sentence may take place
concurrent with or in advance of project construction, except
that contributions in advance of project construction may
occur only if the efforts are consistent with all applicable
requirements of Federal law (including regulations) and State
transportation planning processes.
``(N) Publicly-owned intracity or intercity passenger rail
or bus terminals, including terminals of the National
Railroad Passenger Corporation and publicly-owned intermodal
surface freight transfer facilities, other than seaports and
airports, if the terminals and facilities are located on or
adjacent to National Highway System routes or connections to
the National Highway System selected in accordance with
subsection (b).
``(O) Infrastructure-based intelligent transportation
systems capital improvements.
``(P) In the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, any project
eligible for funding under section 133, any airport, and any
seaport.
``(Q) Publicly owned components of magnetic levitation
transportation systems.''.
[[Page S9272]]
SEC. 1235. ELIGIBILITY OF PROJECTS UNDER THE SURFACE
TRANSPORTATION PROGRAM.
Section 133(b) of title 23, United States Code (as amended
by section 1232(c)), is amended--
(1) in paragraph (2), by striking ``and publicly owned
intracity or intercity bus terminals and facilities'' and
inserting ``, including vehicles and facilities, whether
publicly or privately owned, that are used to provide
intercity passenger service by bus or rail'';
(2) in paragraph (3)--
(A) by striking ``and bicycle'' and inserting ``bicycle'';
and
(B) by inserting before the period at the end the
following: ``, and the modification of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)'';
(3) in paragraph (4)--
(A) by inserting ``, publicly owned passenger rail,'' after
``Highway'';
(B) by inserting ``infrastructure'' after ``safety''; and
(C) by inserting before the period at the end the
following: ``, and any other noninfrastructure highway safety
improvements'';
(4) in the first sentence of paragraph (11)--
(A) by inserting ``natural habitat and'' after
``participation in'' each place it appears;
(B) by striking ``enhance and create'' and inserting
``enhance, and create natural habitats and''; and
(C) by inserting ``natural habitat and'' before ``wetlands
conservation''; and
(5) by adding at the end the following:
``(13) Publicly owned intercity passenger rail
infrastructure, including infrastructure owned by the
National Railroad Passenger Corporation.
``(14) Publicly owned passenger rail vehicles, including
vehicles owned by the National Railroad Passenger
Corporation.
``(15) Infrastructure-based intelligent transportation
systems capital improvements.
``(16) Publicly owned components of magnetic levitation
transportation systems.''.
SEC. 1236. DESIGN FLEXIBILITY.
Section 109 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Requirements for facilities.--The Secretary shall
ensure that the plans and specifications for each proposed
highway project under this chapter provide for a facility
that will--
``(A) adequately serve the existing traffic of the highway
in a manner that is conducive to safety, durability, and
economy of maintenance; and
``(B) be designed and constructed in accordance with
criteria best suited to accomplish the objectives described
in subparagraph (A) and to conform to the particular needs of
each locality.
``(2) Consideration of planned future traffic demands.--In
carrying out paragraph (1), the Secretary shall ensure the
consideration of the planned future traffic demands of the
facility.''.
Subtitle C--Finance
CHAPTER 1--GENERAL PROVISIONS
SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 162. State infrastructure bank program
``(a) Definitions.--In this section:
``(1) Other assistance.--The term `other assistance'
includes any use of funds in an infrastructure bank--
``(A) to provide credit enhancements;
``(B) to serve as a capital reserve for bond or debt
instrument financing;
``(C) to subsidize interest rates;
``(D) to ensure the issuance of letters of credit and
credit instruments;
``(E) to finance purchase and lease agreements with respect
to transit projects;
``(F) to provide bond or debt financing instrument
security; and
``(G) to provide other forms of debt financing and methods
of leveraging funds that are approved by the Secretary and
that relate to the project with respect to which the
assistance is being provided.
``(2) State.--The term `State' has the meaning given the
term under section 401.
``(b) Cooperative Agreements.--
``(1) In general.--
``(A) Purpose of agreements.--Subject to this section, the
Secretary may enter into cooperative agreements with States
for the establishment of State infrastructure banks and
multistate infrastructure banks for making loans and
providing other assistance to public and private entities
carrying out or proposing to carry out projects eligible for
assistance under this section.
``(B) Contents of agreements.--Each cooperative agreement
shall specify procedures and guidelines for establishing,
operating, and providing assistance from the infrastructure
bank.
``(2) Interstate compacts.--If 2 or more States enter into
a cooperative agreement under paragraph (1) with the
Secretary for the establishment of a multistate
infrastructure bank, Congress grants consent to those States
to enter into an interstate compact establishing the bank in
accordance with this section.
``(c) Funding.--
``(1) Contribution.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (h)(1), a
State that enters into a cooperative agreement under this
section to contribute to the infrastructure bank established
by the State not to exceed--
``(A)(i) the total amount of funds apportioned to the State
under each of paragraphs (1) and (3) of section 104(b),
excluding funds set aside under paragraphs (1) and (2) of
section 133(d); and
``(ii) the total amount of funds allocated to the State
under section 105 and under section 1102 of the Intermodal
Transportation Act of 1997;
``(B) the total amount of funds made available to the State
or other Federal transit grant recipient for capital projects
(as defined in section 5302 of title 49) under sections 5307,
5309, and 5311 of title 49; and
``(C) the total amount of funds made available to the State
under subtitle V of title 49.
``(2) Capitalization grant.--For the purposes of this
section, Federal funds contributed to the infrastructure bank
under this subsection shall constitute a capitalization grant
for the infrastructure bank.
``(3) Special rule for urbanized areas of over 200,000.--
Funds that are apportioned or allocated to a State under
section 104(b)(3) and attributed to urbanized areas of a
State with a population of over 200,000 individuals under
section 133(d)(2) may be used to provide assistance from an
infrastructure bank under this section with respect to a
project only if the metropolitan planning organization
designated for the area concurs, in writing, with the
provision of the assistance.
``(d) Forms of Assistance From Infrastructure Banks.--
``(1) In general.--An infrastructure bank established under
this section may make loans or provide other assistance to a
public or private entity in an amount equal to all or part of
the cost of carrying out a project eligible for assistance
under this section.
``(2) Subordination of loans.--The amount of any loan or
other assistance provided for the project may be subordinated
to any other debt financing for the project.
``(3) Initial assistance.--Initial assistance provided with
respect to a project from Federal funds contributed to an
infrastructure bank under this section shall not be made in
the form of a grant.
``(e) Qualifying Projects.--
``(1) In general.--Subject to paragraph (2), Federal funds
in an infrastructure bank established under this section may
be used only to provide assistance with respect to projects
eligible for assistance under this title or for capital
projects (as defined in section 5302 of title 49).
``(2) Interstate funds.--Funds contributed to an
infrastructure bank from funds apportioned to a State under
subparagraph (A) or (B) of section 104(b)(1) may be used only
to provide assistance with respect to projects eligible for
assistance under those subparagraphs.
``(3) Rail program funds.--Funds contributed to an
infrastructure bank from funds made available to a State
under subtitle V of title 49 shall be used in a manner
consistent with any project description specified under the
law making the funds available to the State.
``(f) Infrastructure Bank Requirements.--
``(1) In general.--Subject to paragraph (2), in order to
establish an infrastructure bank under this section, each
State establishing such a bank shall--
``(A) contribute, at a minimum, to the bank from non-
Federal sources an amount equal to 25 percent of the amount
of each capitalization grant made to the State and
contributed to the bank under subsection (c);
``(B) ensure that the bank maintains on a continuing basis
an investment grade rating on its debt issuances and its
ability to pay claims under credit enhancement programs of
the bank;
``(C) ensure that investment income generated by funds
contributed to the bank will be--
``(i) credited to the bank;
``(ii) available for use in providing loans and other
assistance to projects eligible for assistance from the bank;
and
``(iii) invested in United States Treasury securities, bank
deposits, or such other financing instruments as the
Secretary may approve to earn interest to enhance the
leveraging of projects assisted by the bank;
``(D) ensure that any loan from the bank will bear interest
at or below market rates, as determined by the State, to make
the project that is the subject of the loan feasible;
``(E) ensure that repayment of the loan from the bank will
commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility
has opened to traffic, whichever is later;
``(F) ensure that the term for repaying any loan will not
exceed the lesser of--
``(i) 35 years after the date of the first payment on the
loan under subparagraph (E); or
``(ii) the useful life of the investment; and
``(G) require the bank to make a biennial report to the
Secretary and to make such other reports as the Secretary may
require in guidelines.
``(2) Waivers by the secretary.--The Secretary may waive a
requirement of any of subparagraphs (C) through (G) of
paragraph (1) with respect to an infrastructure bank if the
Secretary determines that the waiver is consistent with the
objectives of this section.
[[Page S9273]]
``(g) Limitation on Repayments.--Notwithstanding any other
provision of law, the repayment of a loan or other assistance
provided from an infrastructure bank under this section may
not be credited toward the non-Federal share of the cost of
any project.
``(h) Secretarial Requirements.--In administering this
section, the Secretary shall--
``(1) ensure that Federal disbursements shall be at an
annual rate of not more than 20 percent of the amount
designated by the State for State infrastructure bank
capitalization under subsection (c)(1), except that the
Secretary may disburse funds to a State in an amount needed
to finance a specific project; and
``(2) revise cooperative agreements entered into with
States under section 350 of the National Highway System
Designation Act of 1995 (Public Law 104-59) to comply with
this section.
``(i) Applicability of Federal Law.--
``(1) In general.--The requirements of this title or title
49 that would otherwise apply to funds made available under
that title and projects assisted with those funds shall apply
to--
``(A) funds made available under that title and contributed
to an infrastructure bank established under this section,
including the non-Federal contribution required under section
(f); and
``(B) projects assisted by the bank through the use of the
funds;
except to the extent that the Secretary determines that any
requirement of that title is not consistent with the
objectives of this section.
``(2) Repayments.--The requirements of this title or title
49 shall not apply to repayments from non-Federal sources to
an infrastructure bank from projects assisted by the bank.
Such a repayment shall not be considered to be Federal funds.
``(j) United States Not Obligated.--
``(1) In general.--The contribution of Federal funds to an
infrastructure bank established under this section shall not
be construed as a commitment, guarantee, or obligation on the
part of the United States to any third party. No third party
shall have any right against the United States for payment
solely by virtue of the contribution.
``(2) Statement.--Any security or debt financing instrument
issued by the infrastructure bank shall expressly state that
the security or instrument does not constitute a commitment,
guarantee, or obligation of the United States.
``(k) Management of Federal Funds.--Sections 3335 and 6503
of title 31, United States Code, shall not apply to funds
contributed under this section.
``(l) Program Administration.--
``(1) In general.--A State may expend not to exceed 2
percent of the Federal funds contributed to an infrastructure
bank established by the State under this section to pay the
reasonable costs of administering the bank.
``(2) Non-federal funds.--The limitation described in
paragraph (1) shall not apply to non-Federal funds.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``162. State infrastructure bank program.''.
CHAPTER 2--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 1311. SHORT TITLE.
This chapter may be cited as the ``Transportation
Infrastructure Finance and Innovation Act of 1997''.
SEC. 1312. FINDINGS.
Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being,
health, and welfare of the people of the United States;
(2) traditional public funding techniques such as grant
programs are unable to keep pace with the infrastructure
investment needs of the United States because of budgetary
constraints at the Federal, State, and local levels of
government;
(3) major transportation infrastructure facilities that
address critical national needs, such as intermodal
facilities, border crossings, and multistate trade corridors,
are of a scale that exceeds the capacity of Federal and State
assistance programs in effect on the date of enactment of
this Act;
(4) new investment capital can be attracted to
infrastructure projects that are capable of generating their
own revenue streams through user charges or other dedicated
funding sources; and
(5) a Federal credit program for projects of national
significance can complement existing funding resources by
filling market gaps, thereby leveraging substantial private
co-investment.
SEC. 1313. DEFINITIONS.
In this chapter:
(1) Eligible project costs.--The term ``eligible project
costs'' means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a
project, including the cost of--
(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
related to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
(C) interest during construction, reasonably required
reserve funds, capital issuance expenses, and other carrying
costs during construction.
(2) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this chapter
with respect to a project.
(3) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
(4) Line of credit.--The term ``line of credit'' means an
agreement entered into by the Secretary with an obligor under
section 1316 to provide a direct loan at a future date upon
the occurrence of certain events.
(5) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Secretary to pay all or part
of the principal of and interest on a loan or other debt
obligation issued by an obligor and funded by a lender.
(6) Local servicer.--The term ``local servicer'' means--
(A) a State infrastructure bank established under title 23,
United States Code; or
(B) a State or local government or any agency of a State or
local government that is responsible for servicing a Federal
credit instrument on behalf of the Secretary.
(7) Obligor.--The term ``obligor'' means a party primarily
liable for payment of the principal of or interest on a
Federal credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
(8) Project.--The term ``project'' means any surface
transportation project eligible for Federal assistance under
title 23 or chapter 53 of title 49, United States Code.
(9) Project obligation.--The term ``project obligation''
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
(10) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 1315.
(11) State.--The term ``State'' has the meaning given the
term in section 101 of title 23, United States Code.
(12) Substantial completion.--The term ``substantial
completion'' means the opening of a project to vehicular or
passenger traffic.
SEC. 1314. DETERMINATION OF ELIGIBILITY AND PROJECT
SELECTION.
(a) Eligibility.--To be eligible to receive financial
assistance under this chapter, a project shall meet the
following criteria:
(1) Inclusion in transportation plans and programs.--The
project--
(A) shall be included in the State transportation plan
required under section 135 of title 23, United States Code;
and
(B) at such time as an agreement to make available a
Federal credit instrument is entered into under this chapter,
shall be included in the approved State transportation
improvement program required under section 134 of that title.
(2) Application.--A State, a local servicer identified
under section 1317(a), or the entity undertaking the project
shall submit a project application to the Secretary.
(3) Eligible project costs.--
(A) In general.--Except as provided in subparagraph (B), to
be eligible for assistance under this chapter, a project
shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
(i) $100,000,000; or
(ii) 50 percent of the amount of Federal-aid highway funds
apportioned for the most recently-completed fiscal year under
title 23, United States Code, to the State in which the
project is located.
(B) Intelligent transportation system projects.--In the
case of a project involving the installation of an
intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$30,000,000.
(4) Dedicated revenue sources.--Project financing shall be
repayable in whole or in part by user charges or other
dedicated revenue sources.
(5) Public sponsorship of private entities.--In the case of
a project that is undertaken by an entity that is not a State
or local government or an agency or instrumentality of a
State or local government, the project that the entity is
undertaking shall be publicly sponsored as provided in
paragraphs (1) and (2).
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish criteria
for selecting among projects that meet the eligibility
criteria specified in subsection (a).
(2) Selection criteria.--The selection criteria shall
include the following:
(A) The extent to which the project is nationally or
regionally significant, in terms of generating economic
benefits, supporting
[[Page S9274]]
international commerce, or otherwise enhancing the national
transportation system.
(B) The creditworthiness of the project, including a
determination by the Secretary that any financing for the
project has appropriate security features, such as a rate
covenant, to ensure repayment. The Secretary shall require
each project applicant to provide a preliminary rating
opinion letter from a nationally recognized bond rating
agency.
(C) The extent to which assistance under this chapter would
foster innovative public-private partnerships and attract
private debt or equity investment.
(D) The likelihood that assistance under this chapter would
enable the project to proceed at an earlier date than the
project would otherwise be able to proceed.
(E) The extent to which the project uses new technologies,
including intelligent transportation systems, that enhance
the efficiency of the project.
(F) The amount of budget authority required to fund the
Federal credit instrument made available under this chapter.
(c) Federal Requirements.--The following provisions of law
shall apply to funds made available under this chapter and
projects assisted with the funds:
(1) Section 113 of title 23, United States Code.
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(3) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(5) Section 5333 of title 49, United States Code.
SEC. 1315. SECURED LOANS.
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3), the
Secretary may enter into agreements with 1 or more obligors
to make secured loans, the proceeds of which shall be used--
(A) to finance eligible project costs; or
(B) to refinance interim construction financing of eligible
project costs;
of any project selected under section 1314.
(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later
than 1 year after the date of substantial completion of the
project.
(3) Authorization period.--The Secretary may enter into a
loan agreement during any of fiscal years 1998 through 2003.
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
(2) Maximum amount.--The amount of the secured loan shall
not exceed 33 percent of the reasonably anticipated eligible
project costs.
(3) Payment.--The secured loan--
(A) shall be payable, in whole or in part, from revenues
generated by any rate covenant, coverage requirement, or
similar security feature supporting the project obligations
or from a dedicated revenue stream; and
(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
(4) Interest rate.--The interest rate on the secured loan
shall be equal to the yield on marketable United States
Treasury securities of a similar maturity to the maturity of
the secured loan on the date of execution of the loan
agreement.
(5) Maturity date.--The final maturity date of the secured
loan shall be not later than 35 years after the date of
substantial completion of the project.
(6) Nonsubordination.--The secured loan shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
(7) Fees.--The Secretary may establish fees at a level
sufficient to cover the costs to the Federal Government of
making a secured loan under this section.
(c) Repayment.--
(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on
the projected cash flow from project revenues and other
repayment sources.
(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
(4) Deferred payments.--
(A) Authorization.--If, at any time during the 10 years
after the date of substantial completion of the project, the
project is unable to generate sufficient revenues to pay
scheduled principal and interest on the secured loan, the
Secretary may, pursuant to established criteria for the
project agreed to by the entity undertaking the project and
the Secretary, allow the obligor to add unpaid principal and
interest to the outstanding balance of the secured loan.
(B) Interest.--Any payment deferred under subparagraph (A)
shall--
(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
(ii) be scheduled to be amortized over the remaining term
of the loan beginning not later than 10 years after the date
of substantial completion of the project in accordance with
paragraph (1).
(5) Prepayment.--
(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan without
penalty.
(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
(d) Sale of Secured Loans.--As soon as practicable after
substantial completion of a project, the Secretary shall sell
to another entity or reoffer into the capital markets a
secured loan for the project if the Secretary determines that
the sale or reoffering can be made on favorable terms.
(e) Loan Guarantees.--
(1) In general.--The Secretary may provide a loan guarantee
to a lender in lieu of making a secured loan if the Secretary
determines that the budgetary cost of the loan guarantee is
substantially the same as that of a secured loan.
(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the
obligor and the lender, with the consent of the Secretary.
SEC. 1316. LINES OF CREDIT.
(a) In General.--
(1) Agreements.--The Secretary may enter into agreements to
make available lines of credit to 1 or more obligors in the
form of direct loans to be made by the Secretary at future
dates on the occurrence of certain events for any project
selected under section 1314.
(2) Use of proceeds.--The proceeds of a line of credit made
available under this section shall be available to pay debt
service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs,
operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
(b) Terms and Limitations.--
(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
(2) Maximum amounts.--
(A) Total amount.--The total amount of the line of credit
shall not exceed 33 percent of the reasonably anticipated
eligible project costs.
(B) One-year draws.--The amount drawn in any 1 year shall
not exceed 20 percent of the total amount of the line of
credit.
(3) Draws.--Any draw on the line of credit shall represent
a direct loan and shall be made only if net revenues from the
project (including capitalized interest, any debt service
reserve fund, and any other available reserve) are
insufficient to pay debt service on project obligations.
(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be equal to
the yield on 30-year marketable United States Treasury
securities as of the date on which the line of credit is
obligated.
(5) Security.--The line of credit--
(A) shall be made available only in connection with a
project obligation secured, in whole or in part, by a rate
covenant, coverage requirement, or similar security feature
or from a dedicated revenue stream; and
(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
(6) Period of availability.--The line of credit shall be
available during the period beginning on the date of
substantial completion of the project and ending not later
than 10 years after that date.
(7) Rights of third party creditors.--
(A) Against federal government.--A third party creditor of
the obligor shall not have any right against the Federal
Government with respect to any draw on the line of credit.
(B) Assignment.--An obligor may assign the line of credit
to 1 or more lenders or to a trustee on the lenders' behalf.
(8) Nonsubordination.--A direct loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency,
or liquidation of the obligor.
(9) Fees.--The Secretary may establish fees at a level
sufficient to cover the costs to the Federal Government of
providing a line of credit under this section.
(10) Relationship to other credit instruments.--A line of
credit under this section shall not be issued for a project
with respect to which another Federal credit instrument under
this chapter is made available.
(c) Repayment.--
(1) Schedule.--The Secretary shall establish a repayment
schedule for each direct loan under this section based on the
projected cash flow from project revenues and other repayment
sources.
[[Page S9275]]
(2) Timing.--All scheduled repayments of principal or
interest on a direct loan under this section shall commence
not later than 5 years after substantial completion of the
project and be fully repaid, with interest, by the date that
is 20 years after the end of the period of availability
specified in subsection (b)(6).
(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
SEC. 1317. PROJECT SERVICING.
(a) Requirement.--The State in which a project that
receives financial assistance under this chapter is located
may identify a local servicer to assist the Secretary in
servicing the Federal credit instrument made available under
this chapter.
(b) Agency; Fees.--If a State identifies a local servicer
under subsection (a), the local servicer--
(1) shall act as the agent for the Secretary; and
(2) may receive a servicing fee, subject to approval by the
Secretary.
(c) Liability.--A local servicer identified under
subsection (a) shall not be liable for the obligations of the
obligor to the Secretary or any lender.
(d) Assistance From Expert Firms.--The Secretary may retain
the services of expert firms in the field of municipal and
project finance to assist in the underwriting and servicing
of Federal credit instruments.
SEC. 1318. OFFICE OF INFRASTRUCTURE FINANCE.
(a) Duties of the Secretary.--Section 301 of title 49,
United States Code, is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) develop and coordinate Federal policy on financing
transportation infrastructure, including the provision of
direct Federal credit assistance and other techniques used to
leverage Federal transportation funds.''.
(b) Office of Infrastructure Finance.--
(1) In general.--Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 113. Office of Infrastructure Finance
``(a) Establishment.--The Secretary of Transportation shall
establish within the Office of the Secretary an Office of
Infrastructure Finance.
``(b) Director.--The Office shall be headed by a Director
who shall be appointed by the Secretary not later than 180
days after the date of enactment of this section.
``(c) Functions.--The Director shall be responsible for--
``(1) carrying out the responsibilities of the Secretary
described in section 301(9);
``(2) carrying out research on financing transportation
infrastructure, including educational programs and other
initiatives to support Federal, State, and local government
efforts; and
``(3) providing technical assistance to Federal, State, and
local government agencies and officials to facilitate the
development and use of alternative techniques for financing
transportation infrastructure.''.
(2) Conforming amendment.--The analysis for chapter 1 of
title 49, United States Code, is amended by adding at the end
the following:
``113. Office of Infrastructure Finance.''.
SEC. 1319. STATE AND LOCAL PERMITS.
The provision of financial assistance under this chapter
with respect to a project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the project.
SEC. 1320. REGULATIONS.
The Secretary may issue such regulations as the Secretary
determines appropriate to carry out this chapter and the
amendments made by this chapter.
SEC. 1321. FUNDING.
(a) Authorization of Contract Authority.--
(1) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this chapter--
(A) $60,000,000 for fiscal year 1998;
(B) $60,000,000 for fiscal year 1999;
(C) $90,000,000 for fiscal year 2000;
(D) $90,000,000 for fiscal year 2001;
(E) $100,000,000 for fiscal year 2002; and
(F) $100,000,000 for fiscal year 2003.
(2) Administrative costs.--From funds made available under
paragraph (1), the Secretary may use, for the administration
of this chapter, not more than $2,000,000 for each of fiscal
years 1998 through 2003.
(3) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
(b) Contract Authority.--
(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this chapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit instrument.
(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on
October 1 of the fiscal year.
(c) Limitations on Credit Amounts.--For each of fiscal
years 1998 through 2003, principal amounts of Federal credit
instruments made available under this chapter shall be
limited to the amounts specified in the following table:
Maximum amount
Fiscal year: of credit:
1998..................................................$1,200,000,000
1999..................................................$1,200,000,000
2000..................................................$1,800,000,000
2001..................................................$1,800,000,000
2002..................................................$2,000,000,000
2003..................................................$2,000,000,000.
SEC. 1322. REPORT TO CONGRESS.
Not later than 4 years after the date of enactment of this
Act, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that
are receiving, or have received, assistance under this
chapter, including a recommendation as to whether the
objectives of this chapter are best served--
(1) by continuing the program under the authority of the
Secretary;
(2) by establishing a Government corporation or Government-
sponsored enterprise to administer the program; or
(3) by phasing out the program and relying on the capital
markets to fund the types of infrastructure investments
assisted by this chapter without Federal participation.
Subtitle D--Safety
SEC. 1401. OPERATION LIFESAVER.
Section 104 of title 23, United States Code (as amended by
section 1102(a)), is amended--
(1) in the matter preceding paragraph (1) of subsection
(b), by striking ``subsection (f)'' and inserting
``subsections (d) and (f)''; and
(2) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Operation lifesaver.--Before making an apportionment
of funds under subsection (b)(3) for a fiscal year, the
Secretary shall set aside $500,000 of the funds authorized to
be appropriated for the surface transportation program for
the fiscal year to carry out a public information and
education program to help prevent and reduce motor vehicle
accidents, injuries, and fatalities and to improve driver
performance at railway-highway crossings.''.
SEC. 1402. RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN
HIGH SPEED RAIL CORRIDORS.
Section 104(d) of title 23, United States Code, is amended
by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of funds
under subsection (b)(3) for a fiscal year, the Secretary
shall set aside $5,000,000 of the funds authorized to be
appropriated for the surface transportation program for the
fiscal year for elimination of hazards of railway-highway
crossings.
``(B) Eligible corridors.--Funds made available under
subparagraph (A) shall be expended for projects in--
``(i) 5 railway corridors selected by the Secretary in
accordance with this subsection (as in effect on the day
before the date of enactment of this clause); and
``(ii) 3 railway corridors selected by the Secretary in
accordance with subparagraphs (C) and (D).
``(C) Required inclusion of high speed rail lines.--A
corridor selected by the Secretary under subparagraph (A)
shall include rail lines where railroad speeds of 90 miles or
more per hour are occurring or can reasonably be expected to
occur in the future.
``(D) Considerations in corridor selection.--In selecting
corridors under subparagraph (A), the Secretary shall
consider--
``(i) projected rail ridership volume in each corridor;
``(ii) the percentage of each corridor over which a train
will be capable of operating at its maximum cruise speed
taking into account such factors as topography and other
traffic on the line;
``(iii) projected benefits to nonriders such as congestion
relief on other modes of transportation serving each corridor
(including congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial support that
can reasonably be anticipated for the improvement of the line
and related facilities; and
``(v) the cooperation of the owner of the right-of-way that
can reasonably be expected in the operation of high speed
rail passenger service in each corridor.''.
SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.
Section 130 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``structures, and'' and inserting
``structures,''; and
(B) by inserting after ``grade crossings,'' the following:
``trespassing countermeasures, railway-highway crossing
safety education, enforcement of traffic laws relating to
railway-highway crossing safety, and projects at privately
owned railway-highway crossings if each such project is
publicly sponsored and the Secretary determines that the
project would serve a public benefit'';
(2) in subsection (d), by adding at the end the following:
``In a manner established by the Secretary, each State shall
submit a report that describes completed railway-highway
crossing projects funded under this section to the Department
of Transportation for
[[Page S9276]]
inclusion in the National Grade Crossing Inventory prepared
by the Department of Transportation and the Association of
American Railroads.''; and
(3) by striking subsection (e).
SEC. 1404. HAZARD ELIMINATION PROGRAM.
(a) In General.--Section 152 of title 23, United States
Code, is amended--
(1) in subsection (a), by inserting ``, bicyclists,'' after
``motorists'';
(2) in subsection (b), by striking ``highway safety
improvement project'' and inserting ``safety improvement
project, including a project described in subsection (a)'';
and
(3) in subsection (c), by striking ``(other than a highway
on the Interstate System)''.
(b) Conforming Amendments.--
(1) Section 101(a) of title 23, United States Code, is
amended--
(A) in the undesignated paragraph defining ``highway safety
improvement project'', by striking ``highway safety'' and
inserting ``safety''; and
(B) by moving that undesignated paragraph to appear before
the undesignated paragraph defining ``Secretary''.
(2) Section 152 of title 23, United States Code, is amended
in subsections (f) and (g) by striking ``highway safety
improvement projects'' each place it appears and inserting
``safety improvement projects''.
SEC. 1405. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1301(a)), is amended by adding at the
end the following:
``Sec. 163. Minimum penalties for repeat offenders for
driving while intoxicated or driving under the influence
``(a) Definitions.--In this section:
``(1) Alcohol concentration.--The term `alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and
`driving under the influence' mean driving or being in actual
physical control of a motor vehicle while having an alcohol
concentration above the permitted limit as established by
each State.
``(3) License suspension.--The term `license suspension'
means the suspension of all driving privileges.
``(4) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated solely on a rail line or a commercial
vehicle.
``(5) Repeat intoxicated driver law.--The term `repeat
intoxicated driver law' means a State law that provides, as a
minimum penalty, that an individual convicted of a second or
subsequent offense for driving while intoxicated or driving
under the influence within 5 years after a conviction for
that offense whose alcohol concentration with respect to the
second or subsequent offense was determined on the basis of a
chemical test to be equal to or greater than 0.15 shall
receive--
``(A) a license suspension for not less than 1 year;
``(B) an assessment of the individual's degree of abuse of
alcohol and treatment as appropriate; and
``(C) either--
``(i) an assignment of 30 days of community service; or
``(ii) 5 days of imprisonment.
``(b) Transfer of Funds.--
``(1) Fiscal years 2001 and 2002.--
``(A) In general.--On October 1, 2000, and October 1, 2001,
if a State has not enacted or is not enforcing a repeat
intoxicated driver law, the Secretary shall transfer an
amount equal to 1\1/2\ percent of the funds apportioned to
the State on that date under paragraphs (1) and (3) of
section 104(b) to the apportionment of the State under
section 402 to be used for alcohol-impaired driving programs.
``(B) Derivation of amount to be transferred.--An amount
transferred under subparagraph (A) may be derived--
``(i) from the apportionment of the State under section
104(b)(1);
``(ii) from the apportionment of the State under section
104(b)(3); or
``(iii) partially from the apportionment of the State under
section 104(b)(1) and partially from the apportionment of the
State under section 104(b)(3).
``(2) Fiscal year 2003 and fiscal years thereafter.--On
October 1, 2002, and each October 1 thereafter, if a State
has not enacted or is not enforcing a repeat intoxicated
driver law, the Secretary shall transfer 3 percent of the
funds apportioned to the State on that date under each of
paragraphs (1) and (3) of section 104(b) to the apportionment
of the State under section 402 to be used for alcohol-
impaired driving programs.
``(3) Federal share.--The Federal share of the cost of a
project carried out under section 402 with funds transferred
under paragraph (1) or (2) shall be 100 percent.
``(4) Transfer of obligation authority.--
``(A) In general.--If the Secretary transfers under this
subsection any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer
an amount, determined under subparagraph (B), of obligation
authority distributed for the fiscal year to the State for
Federal-aid highways and highway safety construction programs
for carrying out projects under section 402.
``(B) Amount.--The amount of obligation authority referred
to in subparagraph (A) shall be determined by multiplying--
``(i) the amount of funds transferred under subparagraph
(A) to the apportionment of the State under section 402 for
the fiscal year; by
``(ii) the ratio that--
``(I) the amount of obligation authority distributed for
the fiscal year to the State for Federal-aid highways and
highway safety construction programs; bears to
``(II) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to any obligation limitation) for
the fiscal year.
``(5) Limitation on applicability of highway safety
obligations.--Notwithstanding any other provision of law, no
limitation on the total of obligations for highway safety
programs under section 402 shall apply to funds transferred
under this subsection to the apportionment of a State under
that section.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section 1301(b)),
is amended by adding at the end the following:
``163. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.''.
SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1405(a)), is amended by adding at the
end the following:
``Sec. 164. Safety incentive grants for use of seat belts
``(a) Definitions.--In this section:
``(1) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated solely on a rail line.
``(2) Multipurpose passenger motor vehicle.--The term
`multipurpose passenger motor vehicle' means a motor vehicle
with motive power (except a trailer), designed to carry not
more than 10 individuals, that is constructed on a truck
chassis or is constructed with special features for
occasional off-road operation.
``(3) National average seat belt use rate.--The term
`national average seat belt use rate' means, in the case of
each of calendar years 1995 through 2001, the national
average seat belt use rate for that year, as determined by
the Secretary.
``(4) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger motor vehicle, motorcycle, or trailer) designed to
carry not more than 10 individuals.
``(5) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
motor vehicle.
``(6) Savings to the federal government.--The term `savings
to the Federal Government' means the amount of Federal budget
savings as determined by the Secretary.
``(7) Seat belt.--The term `seat belt' means--
``(A) with respect to an open-body passenger motor vehicle,
including a convertible, an occupant restraint system
consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
``(B) with respect to any other passenger motor vehicle, an
occupant restraint system consisting of integrated lap and
shoulder belts.
``(8) State seat belt use rate.--The term `State seat belt
use rate' means the rate of use of seat belts in passenger
motor vehicles in a State, as measured and submitted to the
Secretary--
``(A) for each of calendar years 1995 through 1997, by the
State, as adjusted by the Secretary to ensure national
consistency in methods of measurement (as determined by the
Secretary); and
``(B) for each of calendar years 1998 through 2001, by the
State in a manner consistent with the criteria established by
the Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than 30
days after the date of enactment of this section, and not
later than September 1 of each calendar year thereafter
through September 1, 2002, the Secretary shall determine--
``(1)(A) which States had, for each of the previous
calendar year (referred to in this subsection as the
`previous calendar year') and the year preceding the previous
calendar year, a State seat belt use rate greater than the
national average seat belt use rate for that year; and
``(B) in the case of each State described in subparagraph
(A), the amount that is equal to the savings to the Federal
Government due to the amount by which the State seat belt use
rate for the previous calendar year exceeds the national
average seat belt use rate for that year; and
``(2) in the case of each State that is not a State
described in paragraph (1)(A)--
``(A) the base seat belt use rate of the State, which shall
be equal to the highest State seat belt use rate for the
State for any calendar year during the period of 1995 through
the calendar year preceding the previous calendar year; and
``(B) the amount that is equal to the savings to the
Federal Government due to any increase in the State seat belt
use rate for the previous calendar year over the base seat
[[Page S9277]]
belt use rate determined under subparagraph (A).
``(c) Allocations.--
``(1) States with greater than the national average seat
belt use rate.--Not later than 30 days after the date of
enactment of this section, and not later than each October 1
thereafter through October 1, 2002, the Secretary shall
allocate to each State described in subsection (b)(1)(A) an
amount equal to the amount determined for the State under
subsection (b)(1)(B).
``(2) Other states.--Not later than 30 days after the date
of enactment of this section, and not later than each October
1 thereafter through October 1, 2002, the Secretary shall
allocate to each State described in subsection (b)(2) an
amount equal to the amount determined for the State under
subsection (b)(2)(B).
``(d) Use of Funds.--For each fiscal year, each State that
is allocated an amount under this section shall use the
amount for projects eligible for assistance under this title.
``(e) Criteria.--Not later than 180 days after the date of
enactment of the Intermodal Transportation Act of 1997, the
Secretary shall establish criteria for the measurement of
State seat belt use rates by States to ensure that the
measurements are accurate and representative.
``(f) Funding.--
``(1) Authorization of contract authority.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section $60,000,000 for
fiscal year 1998, $70,000,000 for fiscal year 1999,
$80,000,000 for fiscal year 2000, $90,000,000 for fiscal year
2001, and $100,000,000 for each of fiscal years 2002 and
2003.
``(2) Use of unallocated funds.--To the extent that the
amounts made available for any fiscal year under paragraph
(1) exceed the total amounts to be allocated under subsection
(c) for the fiscal year, the excess amounts--
``(A) shall be apportioned in accordance with section
104(b)(3);
``(B) shall be considered to be sums made available for
expenditure on the surface transportation program, except
that the amounts shall not be subject to section 133(d); and
``(C) shall be available for any purpose eligible for
funding under section 133.
``(3) Administrative expenses.--Not more than 2 percent of
the funds made available to carry out this section may be
used to pay the necessary administrative expenses incurred in
carrying out this section.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section 1405(b)),
is amended by adding at the end the following:
``164. Safety incentive grants for use of seat belts.''.
Subtitle E--Environment
SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code
(as amended by section 1406(a)) is amended by adding at the
end the following:
``Sec. 165. National scenic byways program
``(a) Designation of Roads.--
``(1) In general.--The Secretary shall carry out a national
scenic byways program that recognizes roads having
outstanding scenic, historic, cultural, natural,
recreational, and archaeological qualities by designating the
roads as National Scenic Byways or All-American Roads.
``(2) Criteria.--The Secretary shall designate roads to be
recognized under the national scenic byways program in
accordance with criteria developed by the Secretary.
``(3) Nomination.--To be considered for the designation, a
road must be nominated by a State or a Federal land
management agency and must first be designated as a State
scenic byway or, in the case of a road on Federal land, as a
Federal land management agency byway.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States to--
``(A) implement projects on highways designated as National
Scenic Byways or All-American Roads, or as State scenic
byways; and
``(B) plan, design, and develop a State scenic byway
program.
``(2) Priorities.--In making grants, the Secretary shall
give priority to--
``(A) each eligible project that is associated with a
highway that has been designated as a National Scenic Byway
or All-American Road and that is consistent with the corridor
management plan for the byway;
``(B) each eligible project along a State-designated scenic
byway that is consistent with the corridor management plan
for the byway, or is intended to foster the development of
such a plan, and is carried out to make the byway eligible
for designation as a National Scenic Byway or All-American
Road; and
``(C) each eligible project that is associated with the
development of a State scenic byway program.
``(c) Eligible Projects.--The following are projects that
are eligible for Federal assistance under this section:
``(1) An activity related to the planning, design, or
development of a State scenic byway program.
``(2) Development and implementation of a corridor
management plan to maintain the scenic, historical,
recreational, cultural, natural, and archaeological
characteristics of a byway corridor while providing for
accommodation of increased tourism and development of related
amenities.
``(3) Safety improvements to a State scenic byway, National
Scenic Byway, or All-American Road to the extent that the
improvements are necessary to accommodate increased traffic
and changes in the types of vehicles using the highway as a
result of the designation as a State scenic byway, National
Scenic Byway, or All-American Road.
``(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway
shoulder improvement, passing lane, overlook, or interpretive
facility.
``(5) An improvement to a scenic byway that will enhance
access to an area for the purpose of recreation, including
water-related recreation.
``(6) Protection of scenic, historical, recreational,
cultural, natural, and archaeological resources in an area
adjacent to a scenic byway.
``(7) Development and provision of tourist information to
the public, including interpretive information about a scenic
byway.
``(8) Development and implementation of a scenic byways
marketing program.
``(d) Limitation.--The Secretary shall not make a grant
under this section for any project that would not protect the
scenic, historical, recreational, cultural, natural, and
archaeological integrity of a highway and adjacent areas.
``(e) Federal Share.--The Federal share of the cost of
carrying out a project under this section shall be 80
percent, except that, in the case of any scenic byways
project along a public road that provides access to or within
Federal or Indian land, a Federal land management agency may
use funds authorized for use by the agency as the non-Federal
share.
``(f) Authorization of Contract Authority.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section $17,000,000 for
fiscal year 1998, $17,000,000 for fiscal year 1999,
$19,000,000 for fiscal year 2000, $19,000,000 for fiscal year
2001, $21,000,000 for fiscal year 2002, and $23,000,000 for
fiscal year 2003.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section 1406(b)),
is amended by adding at the end the following:
``165. National scenic byways program.''.
SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.
Section 149 of title 23, United States Code, is amended by
adding at the end the following:
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other provision of
this title and in accordance with this subsection, a
metropolitan planning organization, State transportation
department, or other project sponsor may enter into an
agreement with any public, private, or nonprofit entity to
cooperatively implement any project carried out under this
section.
``(2) Forms of participation by entities.--Participation by
an entity under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
``(B) cost sharing of any project expense;
``(C) carrying out of administrative, construction
management, project management, project operation, or any
other management or operational duty associated with the
project; and
``(D) any other form of participation approved by the
Secretary.
``(3) Allocation to entities.--A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
``(4) Alternative fuel projects.--In the case of a project
that will provide for the use of alternative fuels by
privately owned vehicles or vehicle fleets, activities
eligible for funding under this subsection--
``(A) shall include the incremental costs of vehicle
refueling infrastructure and other capital investments
associated with the project; but
``(B) shall not include the base cost of any vehicle that
would otherwise be borne by a private party or the cost of
any project element that would otherwise be offset by any
other Federal, State, or local program.
``(5) Prohibition on federal participation with respect to
required activities.--A Federal participation payment under
this subsection may not be made with respect to any activity
that is required under the Clean Air Act (42 U.S.C. 7401 et
seq.) or any other Federal law.''.
SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.
(a) Findings.--Congress finds that--
(1) surface transportation has unintended but negative
consequences for wetlands and other water resources;
(2) in almost every State, construction and other highway
activities have reduced or eliminated wetland functions and
values, such as wildlife habitat, ground water recharge,
flood control, and water quality benefits;
(3) the United States has lost more than \1/2\ of the
estimated 220,000,000 acres of wetlands that existed during
colonial times; and
(4) while the rate of human-induced destruction and
conversion of wetlands has
[[Page S9278]]
slowed in recent years, the United States has suffered
unacceptable wetland losses as a result of highway projects.
(b) Establishment.--The Secretary shall establish a
national wetland restoration pilot program (referred to in
this section as the ``program'') to fund mitigation projects
to offset the degradation of wetlands, or the loss of
functions and values of the aquatic resource, resulting from
projects carried out before December 27, 1977, under title
23, United States Code (or similar projects as determined by
the Secretary), for which mitigation has not been performed.
(c) Applications.--To be eligible for funding under the
program, a State shall submit an application to the Secretary
that includes--
(1) a description of the wetland proposed to be restored by
a mitigation project described in subsection (b) (referred to
in this section as a ``wetland restoration project'') under
the program (including the size and quality of the wetland);
(2) such information as is necessary to establish a nexus
between--
(A) a project carried out under title 23, United States
Code (or a similar project as determined by the Secretary);
and
(B) the wetland values and functions proposed to be
restored by the wetland restoration project;
(3) a description of the benefits expected from the
proposed wetland restoration project (including improvement
of water quality, improvement of wildlife habitat, ground
water recharge, and flood control);
(4) a description of the State's level of commitment to the
proposed wetland restoration project (including the monetary
commitment of the State and any development of a State or
regional conservation plan that includes the proposed wetland
restoration); and
(5) the estimated total cost of the wetland restoration
project.
(d) Selection of Wetland Restoration Projects.--
(1) Interagency council.--In consultation with the
Secretary of the Army, the Secretary of the Interior, the
Secretary of Agriculture, and the Administrator of the
Environmental Protection Agency, the Secretary shall
establish an interagency advisory council to--
(A) review the submitted applications that meet the
requirements of subsection (c); and
(B) not later than 60 days after the application deadline,
select wetland restoration projects for funding under the
program.
(2) Selection criteria for priority wetland restoration
projects.--In consultation with the Secretary of the Army,
the Secretary of the Interior, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency,
the Secretary shall give priority in funding under this
section to wetland restoration projects that--
(A) provide for long-term monitoring and maintenance of
wetland resources;
(B) are managed by an entity, such as a nature conservancy,
with expertise in the long-term monitoring and protection of
wetland resources; and
(C) have a high likelihood of success.
(e) Reports.--Not later than April 1, 2000, and April 1,
2003, the Secretary shall submit a report to Congress on the
results of the program.
(f) Authorization of Contract Authority.--
(1) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this section $12,000,000 for fiscal year 1998, $13,000,000
for fiscal year 1999, $14,000,000 for fiscal year 2000,
$17,000,000 for fiscal year 2001, $20,000,000 for fiscal year
2002, and $24,000,000 for fiscal year 2003.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
Subtitle F--Planning
SEC. 1601. METROPOLITAN PLANNING.
(a) In General.--Section 134 of title 23, United States
Code, is amended to read as follows:
``Sec. 134. Metropolitan planning
``(a) General Requirements.--
``(1) Findings.--Congress finds that it is in the national
interest to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight within and through urbanized areas, while
minimizing transportation-related fuel consumption and air
pollution.
``(2) Development of plans and programs.--To accomplish the
objective stated in paragraph (1), metropolitan planning
organizations designated under subsection (b), in cooperation
with the State and public transit operators, shall develop
transportation plans and programs for urbanized areas of the
State.
``(3) Contents.--The plans and programs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation systems
and facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the metropolitan area
and as an integral part of an intermodal transportation
system for the State and the United States.
``(4) Process.--The process for developing the plans and
programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
``(b) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with
a population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent at
least 75 percent of the affected population (including the
central city or cities as defined by the Bureau of the
Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Redesignation.--A metropolitan planning organization
may be redesignated by agreement between the Governor and
units of general purpose local government that together
represent at least 75 percent of the affected population
(including the central city or cities as defined by the
Bureau of the Census) as appropriate to carry out this
section.
``(3) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning
area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.
``(4) Structure.--Each policy board of a metropolitan
planning organization that serves an area designated as a
transportation management area, when designated or
redesignated under this subsection, shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan
area (including all transportation agencies included in the
metropolitan planning organization as of June 1, 1991); and
``(C) appropriate State officials.
``(5) Other authority.--Nothing in this subsection
interferes with the authority, under any State law in effect
on December 18, 1991, of a public agency with multimodal
transportation responsibilities to--
``(A) develop plans and programs for adoption by a
metropolitan planning organization; or
``(B) develop long-range capital plans, coordinate transit
services and projects, and carry out other activities under
State law.
``(c) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan planning
organization and the Governor.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing urbanized area
and the contiguous area expected to become urbanized within a
20-year forecast period; and
``(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
``(3) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of
an area designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.), the boundaries of the metropolitan planning area in
existence as of the date of enactment of the Intermodal
Transportation Act of 1997, shall be retained, except that
the boundaries may be adjusted by agreement of the affected
metropolitan planning organizations and Governors in the
manner described in subsection (b)(2).
``(4) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of the Intermodal Transportation Act of 1997 as a
nonattainment area for ozone or carbon monoxide, the
boundaries of the metropolitan planning area--
``(A) shall be established by agreement between the
appropriate units of general purpose local government
(including the central city) and the Governor;
``(B) shall encompass at least the urbanized area and the
contiguous area expected to become urbanized within a 20-year
forecast period;
``(C) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census; and
``(D) may address any nonattainment area identified under
the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or
carbon monoxide.
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts
and mutual
[[Page S9279]]
assistance in support of activities authorized under this
section as the activities pertain to interstate areas and
localities within the States; and
``(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements
and compacts effective.
``(e) Coordination of Metropolitan Planning
Organizations.--If more than 1 metropolitan planning
organization has authority within a metropolitan planning
area or an area that is designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.), each such metropolitan planning
organization shall consult with the other metropolitan
planning organizations designated for the area and the State
in the development of plans and programs required by this
section.
``(f) Scope of Planning Process.--The metropolitan
transportation planning process for a metropolitan area under
this section shall consider, as appropriate, the following:
``(1) Supporting the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency.
``(2) Increasing the safety and security of the
transportation system for motorized and nonmotorized users.
``(3) Increasing the accessibility and mobility options
available to people and for freight.
``(4) Protecting and enhancing the environment and
promoting energy conservation and improved quality of life.
``(5) Enhancing the integration and connectivity of the
transportation system, across and between modes, for people
and freight.
``(6) Promoting efficient system management and operation.
``(7) Emphasizing the preservation of the existing
transportation system.
``(g) Development of Long-Range Transportation Plan.--
``(1) In general.--
``(A) Development.--In accordance with this subsection,
each metropolitan planning organization shall develop, and
update periodically, according to a schedule that the
Secretary determines to be appropriate, a long-range
transportation plan for its metropolitan area.
``(B) Forecast period.--In developing long-range
transportation plans, the metropolitan planning process shall
address--
``(i) the considerations under subsection (f); and
``(ii) any State or local goals developed within the
cooperative metropolitan planning process;
as they relate to a 20-year forecast period and to other
forecast periods as determined by the participants in the
planning process.
``(C) Funding estimates.--For the purpose of developing the
long-range transportation plan, the State shall consult with
the metropolitan planning organization and each public
transit agency in developing estimates of funds that are
reasonably expected to be available to support plan
implementation.
``(2) Long-range transportation plan.--A long-range
transportation plan under this subsection shall, at a
minimum, contain--
``(A) an identification of transportation facilities
(including major roadways and transit, multimodal, and
intermodal facilities) that should function as a future
integrated transportation system, giving emphasis to those
facilities that serve important national, regional, and
metropolitan transportation functions;
``(B) an identification of transportation strategies
necessary to--
``(i) ensure preservation, including requirements for
management, operation, modernization, and rehabilitation, of
the existing and future transportation system; and
``(ii) make the most efficient use of existing
transportation facilities to relieve congestion, to
efficiently serve the mobility needs of people and goods, and
to enhance access within the metropolitan planning area; and
``(C) a financial plan that demonstrates how the long-range
transportation plan can be implemented, indicates total
resources from public and private sources that are reasonably
expected to be available to carry out the plan (without any
requirement for indicating project-specific funding sources),
and recommends any additional financing strategies for needed
projects and programs.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.), the metropolitan planning organization shall
coordinate the development of a long-range transportation
plan with the process for development of the transportation
control measures of the State implementation plan required by
that Act.
``(4) Participation by interested parties.--Before adopting
a long-range transportation plan, each metropolitan planning
organization shall provide citizens, affected public
agencies, representatives of transportation agency employees,
freight shippers, private providers of transportation, and
other interested parties with a reasonable opportunity to
comment on the long-range transportation plan.
``(5) Publication of long-range transportation plan.--Each
long-range transportation plan prepared by a metropolitan
planning organization shall be--
``(A) published or otherwise made readily available for
public review; and
``(B) submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall
establish.
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the State and any
affected public transit operator, the metropolitan planning
organization designated for a metropolitan area shall develop
a transportation improvement program for the area for which
the organization is designated.
``(B) Opportunity for comment.--In developing the program,
the metropolitan planning organization, in cooperation with
the State and any affected public transit operator, shall
provide citizens, affected public agencies, representatives
of transportation agency employees, other affected employee
representatives, freight shippers, private providers of
transportation, and other interested parties with a
reasonable opportunity to comment on the proposed program.
``(C) Funding estimates.--For the purpose of developing the
transportation improvement program, the metropolitan planning
organization, public transit agency, and State shall
cooperatively develop estimates of funds that are reasonably
expected to be available to support program implementation.
``(D) Updating and approval.--The program shall be updated
at least once every 2 years and shall be approved by the
metropolitan planning organization and the Governor.
``(2) Contents.--The transportation improvement program
shall include--
``(A) a list, in order of priority, of proposed federally
supported surface transportation projects and strategies to
be carried out within each 3-year-period after the initial
adoption of the transportation improvement program; and
``(B) a financial plan that--
``(i) demonstrates how the transportation improvement
program can be implemented;
``(ii) indicates resources from public and private sources
that are reasonably expected to be available to carry out the
program (without any requirement for indicating project-
specific funding sources); and
``(iii) identifies innovative financing techniques to
finance projects, programs, and strategies (without any
requirement for indicating project-specific funding sources).
``(3) Included projects.--
``(A) Chapter 1 and chapter 53 projects.--A transportation
improvement program developed under this subsection for a
metropolitan area shall include the projects and strategies
within the area that are proposed for funding under chapter 1
of this title and chapter 53 of title 49.
``(B) Chapter 2 projects.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2 of
this title shall be identified individually in the
transportation improvement program.
``(ii) Other projects.--Projects proposed for funding under
chapter 2 of this title that are not determined to be
regionally significant shall be grouped in 1 line item or
identified individually in the transportation improvement
program.
``(C) Consistency with long-range transportation plan.--
Each project shall be consistent with the long-range
transportation plan developed under subsection (g) for the
area.
``(D) Requirement of anticipated full funding.--The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project within the time period contemplated
for completion of the project.
``(4) Notice and comment.--Before approving a
transportation improvement program, a metropolitan planning
organization shall, in cooperation with the State and any
affected public transit operator, provide citizens, affected
public agencies, representatives of transportation agency
employees, private providers of transportation, and other
interested parties with reasonable notice of and an
opportunity to comment on the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
improvement program development required under paragraph (1),
the selection of federally funded projects for implementation
in metropolitan areas shall be carried out, from the approved
transportation improvement program--
``(i) by--
``(I) in the case of projects under chapter 1, the State;
and
``(II) in the case of projects under chapter 53 of title
49, the designated transit funding recipients; and
``(ii) in cooperation with the metropolitan planning
organization.
``(B) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved
transportation improvement program in place of another
project of higher priority in the program.
``(i) Transportation Management Areas.--
``(1) Designation.--
``(A) Required designations.--The Secretary shall designate
as a transportation management area each urbanized area with
a population of over 200,000 individuals.
[[Page S9280]]
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation management
area on the request of the Governor and the metropolitan
planning organization designated for the area.
``(2) Transportation plans and programs.--Within a
transportation management area, transportation plans and
programs shall be based on a continuing and comprehensive
transportation planning process carried out by the
metropolitan planning organization in cooperation with the
State and any affected public transit operator.
``(3) Congestion management system.--Within a
transportation management area, the transportation planning
process under this section shall include a congestion
management system that provides for effective management of
new and existing transportation facilities eligible for
funding under this title and chapter 53 of title 49 through
the use of travel demand reduction and operational management
strategies.
``(4) Selection of projects.--
``(A) In general.--In addition to the transportation
improvement program development required under subsection
(h)(1), all federally funded projects carried out within the
boundaries of a transportation management area under this
title (excluding projects carried out on the National Highway
System) or under chapter 53 of title 49 shall be selected for
implementation from the approved transportation improvement
program by the metropolitan planning organization designated
for the area in consultation with the State and any affected
public transit operator.
``(B) National highway system projects.--Projects carried
out within the boundaries of a transportation management area
on the National Highway System shall be selected for
implementation from the approved transportation improvement
program by the State in cooperation with the metropolitan
planning organization designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning process in each
transportation management area is being carried out in
accordance with applicable provisions of Federal law; and
``(ii) subject to subparagraph (B), certify, not less often
than once every 3 years, that the requirements of this
paragraph are met with respect to the transportation
management area.
``(B) Requirements for certification.--The Secretary may
make the certification under subparagraph (A) if--
``(i) the transportation planning process complies with the
requirements of this section and other applicable
requirements of Federal law; and
``(ii) there is a transportation improvement program for
the area that has been approved by the metropolitan planning
organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a metropolitan planning
process is not certified, the Secretary may withhold up to 20
percent of the apportioned funds attributable to the
transportation management area under this title and chapter
53 of title 49.
``(ii) Restoration of withheld funds.--The withheld
apportionments shall be restored to the metropolitan area at
such time as the metropolitan planning organization is
certified by the Secretary.
``(iii) Feasibility of private enterprise participation.--
The Secretary shall not withhold certification under this
paragraph based on the policies and criteria established by a
metropolitan planning organization or transit grant recipient
for determining the feasibility of private enterprise
participation in accordance with section 5306(a) of title 49.
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated metropolitan
transportation plan and program that the Secretary determines
is appropriate to achieve the purposes of this section,
taking into account the complexity of transportation problems
in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or programs for a metropolitan area that is
in nonattainment for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.).
``(k) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other provision of
this title or chapter 53 of title 49, in the case of a
transportation management area classified as nonattainment
for ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.), Federal funds may not be programmed in
the area for any highway project that will result in a
significant increase in carrying capacity for single occupant
vehicles unless the project results from an approved
congestion management system.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).
``(l) Limitation.--Nothing in this section confers on a
metropolitan planning organization the authority to impose
any legal requirement on any transportation facility,
provider, or project not eligible for assistance under this
title or chapter 53 of title 49.
``(m) Funding.--
``(1) In general.--Funds set aside under section 104(f) of
this title and section 5303 of title 49 shall be available to
carry out this section.
``(2) Unused funds.--Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.''.
(b) Technical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 134 and inserting the following:
``134. Metropolitan planning.''.
SEC. 1602. STATEWIDE PLANNING.
Section 135 of title 23, United States Code, is amended to
read as follows:
``Sec. 135. Statewide planning
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to
encourage and promote the safe and efficient management,
operation, and development of surface transportation systems
that will serve the mobility needs of people and freight
throughout each State.
``(2) Development of plans and programs.--Subject to
section 134 of this title and sections 5303 through 5305 of
title 49, each State shall develop transportation plans and
programs for all areas of the State.
``(3) Contents.--The plans and programs for each State
shall provide for the development and integrated management
and operation of transportation systems (including pedestrian
walkways and bicycle transportation facilities) that will
function as an intermodal State transportation system and an
integral part of the intermodal transportation system of the
United States.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
``(b) Scope of Planning Process.--Each State shall carry
out a transportation planning process that shall consider, as
appropriate, the following:
``(1) Supporting the economic vitality of the United
States, the States, and metropolitan areas, especially by
enabling global competitiveness, productivity, and
efficiency.
``(2) Increasing the safety and security of the
transportation system for motorized and nonmotorized users.
``(3) Increasing the accessibility and mobility options
available to people and for freight.
``(4) Protecting and enhancing the environment and
promoting energy conservation and improved quality of life.
``(5) Enhancing the integration and connectivity of the
transportation system, across and between modes throughout
the State, for people and freight.
``(6) Promoting efficient system management and operation.
``(7) Emphasizing the preservation of the existing
transportation system.
``(c) Coordination With Metropolitan Planning; State
Implementation Plan.--In carrying out planning under this
section, a State shall--
``(1) coordinate the planning with the transportation
planning activities carried out under section 134 for
metropolitan areas of the State; and
``(2) carry out the responsibilities of the State for the
development of the transportation portion of the State air
quality implementation plan to the extent required by the
Clean Air Act (42 U.S.C. 7401 et seq.).
``(d) Additional Requirements.--In carrying out planning
under this section, each State shall, at a minimum,
consider--
``(1) with respect to nonmetropolitan areas, the concerns
of local elected officials representing units of general
purpose local government;
``(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land
within the boundaries of the State; and
``(3) coordination of transportation plans, programs, and
planning activities with related planning activities being
carried out outside of metropolitan planning areas.
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
transportation plan, with a minimum 20-year forecast period,
for all areas of the State, that provides for the development
and implementation of the intermodal transportation system of
the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the plan shall be developed
in cooperation with the metropolitan planning organization
designated for the metropolitan area under section 134 of
this title and section 5305 of title 49.
``(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area, the plan shall be developed in
consultation with local elected officials representing units
of general purpose local government.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the plan shall be developed in consultation with
the tribal government and the Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the plan, the State shall--
[[Page S9281]]
``(A) provide citizens, affected public agencies,
representatives of transportation agency employees, other
affected employee representatives, freight shippers, private
providers of transportation, and other interested parties
with a reasonable opportunity to comment on the proposed
plan; and
``(B) identify transportation strategies necessary to
efficiently serve the mobility needs of people.
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--The State shall develop a transportation
improvement program for all areas of the State.
``(B) Consultation with governments.--
``(i) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134 of this title and section 5305 of title 49.
``(ii) Nonmetropolitan areas.--With respect to each
nonmetropolitan area in the State, the program shall be
developed in consultation with units of general purpose local
government.
``(iii) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation
with the tribal government and the Secretary of the Interior.
``(C) Participation by interested parties.--In developing
the program, the Governor shall provide citizens, affected
public agencies, representatives of transportation agency
employees, other affected employee representatives, freight
shippers, private providers of transportation, and other
interested parties with a reasonable opportunity to comment
on the proposed program.
``(2) Included projects.--
``(A) In general.--A transportation improvement program
developed under this subsection for a State shall include
federally supported surface transportation expenditures
within the boundaries of the State.
``(B) Chapter 2 projects.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually.
``(ii) Other projects.--Projects proposed for funding under
chapter 2 that are not determined to be regionally
significant shall be grouped in 1 line item or identified
individually.
``(C) Consistency with long-range transportation plan.--
Each project shall--
``(i) be consistent with the long-range transportation plan
developed under this section for the State;
``(ii) be identical to the project as described in an
approved metropolitan transportation improvement program; and
``(iii) be in conformance with the applicable State air
quality implementation plan developed under the Clean Air Act
(42 U.S.C. 7401 et seq.), if the project is carried out in an
area designated as nonattainment for ozone or carbon monoxide
under that Act.
``(D) Requirement of anticipated full funding.--
``(i) In general.--The program shall include a project, or
an identified phase of a project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(ii) Limitation.--Clause (i) does not require the
indication of project-specific funding sources.
``(E) Priorities.--The program shall reflect the priorities
for programming and expenditures of funds, including
transportation enhancements, required by this title.
``(3) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas with
populations of less than 50,000 individuals (excluding
projects carried out on the National Highway System) shall be
selected, from the approved statewide transportation
improvement program, by the State in cooperation with the
affected local officials.
``(B) National highway system projects.--Projects carried
out in areas described in subparagraph (A) on the National
Highway System shall be selected, from the approved statewide
transportation improvement program, by the State in
consultation with the affected local officials.
``(4) Biennial review and approval.--A transportation
improvement program developed under this subsection shall be
reviewed and, on a finding that the planning process through
which the program was developed is consistent with this
section and section 134, approved not less frequently than
biennially by the Secretary.
``(5) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not
be required to advance a project included in the approved
statewide transportation improvement program in place of
another project of higher priority in the program.
``(g) Funding.--Funds set aside under section 505 of this
title and section 5313(b) of title 49 shall be available to
carry out this section.
``(h) Continuation of Current Review Practice.--Since plans
and programs described in this section or section 134 are
subject to a reasonable opportunity for public comment, since
individual projects included in the plans and programs are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the
Secretary concerning plans and programs described in this
section have not been reviewed under that Act as of January
1, 1997, any decision by the Secretary concerning a plan or
program described in this section or section 134 shall not be
considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''.
SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.
(a) Establishment.--The Secretary shall establish an
advanced travel forecasting procedures program--
(1) to provide for completion of the advanced
transportation model developed under the Transportation
Analysis Simulation System (referred to in this section as
``TRANSIMS''); and
(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics
package developed under TRANSIMS and the program established
under this section to States, local governments, and
metropolitan planning organizations with responsibility for
travel modeling.
(b) Eligible Activities.--The Secretary shall use funds
made available under this section to--
(1) provide funding for completion of core development of
the advanced transportation model;
(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
(3) provide training and technical assistance with respect
to the implementation and application of the advanced
transportation model to States, local governments, and
metropolitan planning organizations with responsibility for
travel modeling; and
(4) allocate funds to not more than 12 entities described
in paragraph (3) for a pilot program to enable transportation
management areas designated under section 134(i) of title 23,
United States Code, to convert from the use of travel
forecasting procedures in use by the areas as of the date of
enactment of this section to the use of the advanced
transportation model.
(c) Authorization of Contract Authority.--
(1) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this section $4,000,000 for fiscal year 1998, $3,000,000 for
fiscal year 1999, $6,500,000 for fiscal year 2000, $5,000,000
for fiscal year 2001, $4,000,000 for fiscal year 2002, and
$2,500,000 for fiscal year 2003.
(2) Allocation of funds.--
(A) Fiscal years 1998 and 1999.--For each of fiscal years
1998 and 1999, 100 percent of the funds made available under
paragraph (1) shall be allocated to activities in described
in paragraphs (1), (2), and (3) of subsection (b).
(B) Fiscal years 2000 through 2003.--For each of fiscal
years 2000 through 2003, not more than 50 percent of the
funds made available under paragraph (1) may be allocated to
activities described in subsection (b)(4).
(3) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of--
(A) any activity described in paragraph (1), (2), or (3) of
subsection (b) shall not exceed 100 percent; and
(B) any activity described in subsection (b)(4) shall not
exceed 80 percent.
SEC. 1604. TRANSPORTATION AND COMMUNITY AND SYSTEM
PRESERVATION PILOT PROGRAM.
(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall
establish a comprehensive initiative to investigate and
address the relationships between transportation and
community and system preservation.
(b) Research.--
(1) In general.--In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other
entities eligible for assistance under subsection (d), the
Secretary shall carry out a comprehensive research program to
investigate the relationships between transportation,
community preservation, and the environment.
(2) Required elements.--The program shall provide for
monitoring and analysis of projects carried out with funds
made available to carry out subsections (c) and (d).
(c) Planning.--
(1) In general.--The Secretary may allocate funds made
available to carry out this subsection to States,
metropolitan planning organizations, and local governments to
plan, develop, and implement strategies to integrate
transportation and community and system preservation plans
and practices.
(2) Purposes.--The purposes of the allocations shall be--
(A) to improve the efficiency of the transportation system;
(B) to reduce the impacts of transportation on the
environment;
(C) to reduce the need for costly future investments in
public infrastructure; and
(D) to provide efficient access to jobs, services, and
centers of trade.
(3) Criteria.--In allocating funds made available to carry
out this subsection, the
[[Page S9282]]
Secretary shall give priority to applicants that--
(A) propose projects for funding that address the purposes
described in paragraph (2);
(B) demonstrate a commitment to public involvement,
including involvement of nontraditional partners in the
project team; and
(C) demonstrate a commitment of non-Federal resources to
the proposed projects.
(d) Allocation of Funds for Implementation.--
(1) In general.--The Secretary may allocate funds made
available to carry out this subsection to States,
metropolitan planning organizations, and local governments to
carry out projects to address transportation efficiency and
community and system preservation.
(2) Criteria.--In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that--
(A) have instituted preservation or development plans and
programs that--
(i) meet the requirements of title 23 and chapter 53 of
title 49, United States Code; and
(ii) are--
(I) coordinated with adopted preservation or development
plans; or
(II) intended to promote strategic investments in
transportation infrastructure;
(B) have instituted other policies to integrate
transportation and community and system preservation
practices, such as--
(i) spending policies that direct funds to high-growth
areas;
(ii) urban growth boundaries to guide metropolitan
expansion;
(iii) ``green corridors'' programs that provide access to
major highway corridors for areas targeted for efficient and
compact development; or
(iv) other similar programs or policies as determined by
the Secretary;
(C) have preservation or development policies that include
a mechanism for reducing potential impacts of transportation
activities on the environment; and
(D) propose projects for funding that address the purposes
described in subsection (c)(2).
(3) Use of allocated funds.--
(A) In general.--An allocation of funds made available to
carry out this subsection shall be used by the recipient to
implement the projects proposed in the application to the
Secretary.
(B) Types of projects.--The allocation of funds shall be
available for obligation for--
(i) any project eligible for funding under title 23 or
chapter 53 of title 49, United States Code; or
(ii) any other activity relating to transportation and
community and system preservation that the Secretary
determines to be appropriate, including corridor preservation
activities that are necessary to implement--
(I) transit-oriented development plans;
(II) traffic calming measures; or
(III) other coordinated transportation and community and
system preservation practices.
(e) Authorization of Contract Authority.--
(1) In general.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
this section $20,000,000 for each of fiscal years 1998
through 2003.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code.
Subtitle G--Technical Corrections
SEC. 1701. FEDERAL-AID SYSTEMS.
(a) In General.--Section 103 of title 23, United States
Code, is amended to read as follows:
``Sec. 103. Federal-aid systems
``(a) In General.--For the purposes of this title, the
Federal-aid systems are the Interstate System and the
National Highway System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
an interconnected system of major routes and connectors
that--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other
major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel.
``(2) Components.--The National Highway System consists of
the following:
``(A) The Interstate System described in subsection (c).
``(B) Other urban and rural principal arterial routes.
``(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes on
the National Highway System and a major intermodal
transportation facility.
``(D) A strategic highway network consisting of a network
of highways that are important to the United States strategic
defense policy and that provide defense access, continuity,
and emergency capabilities for the movement of personnel,
materials, and equipment in both peacetime and wartime. The
highways may be highways on or off the Interstate System and
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
``(E) Major strategic highway network connectors consisting
of highways that provide motor vehicle access between major
military installations and highways that are part of the
strategic highway network. The highways shall be designated
by the Secretary in consultation with appropriate Federal
agencies and the States.
``(3) Maximum mileage.--The mileage of highways on the
National Highway System shall not exceed 178,250 miles.
``(4) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a
major intermodal terminal, to the National Highway System
that is proposed by a State or that is proposed by a State
and revised by the Secretary if the Secretary determines that
the modification--
``(i) meets the criteria established for the National
Highway System under this title; and
``(ii) enhances the national transportation characteristics
of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
``(ii) Urbanized areas.--In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National System
of Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico),
consists of highways--
``(i) designed--
``(I) in accordance with the standards of section 109(b);
or
``(II) in the case of highways in Alaska and Puerto Rico,
in accordance with such geometric and construction standards
as are adequate for current and probable future traffic
demands and the needs of the locality of the highway; and
``(ii) located so as--
``(I) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
``(II) to serve the national defense; and
``(III) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
``(B) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation agencies
of the State in which the route is located and the adjoining
States, in cooperation with local and regional officials, and
subject to the approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all standards of
a highway on the Interstate System and that the highway is a
logical addition or connection to the Interstate System, the
Secretary may, upon the affirmative recommendation of the
State or States in which the highway is located, designate
the highway as a route on the Interstate System.
``(B) Designations as future interstate system routes.--
``(i) In general.--If the Secretary determines that a
highway on the National Highway System would be a logical
addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate System
under subparagraph (A), the Secretary may, upon the
affirmative recommendation of the State or States in which
the highway is located, designate the highway as a future
Interstate System route.
``(ii) Written agreement of states.--A designation under
clause (i) shall be made only upon the written agreement of
the State or States described in that clause that the highway
will be constructed to meet all standards of a highway on the
Interstate System by the date that is 12 years after the date
of the agreement.
``(iii) Removal of designation.--
``(I) In general.--If the State or States described in
clause (i) have not substantially completed the construction
of a highway designated under this subparagraph within the
time provided for in the agreement between the Secretary and
the State or States under clause (ii), the Secretary shall
remove the designation of the highway as a future Interstate
System route.
``(II) Effect of removal.--Removal of the designation of a
highway under subclause (I) shall not preclude the Secretary
from designating the highway as a route on the Interstate
System under subparagraph (A) or under any other provision of
law providing for addition to the Interstate System.
``(iv) Prohibition on referral as interstate system
route.--No law, rule, regulation, map, document, or other
record of the United States, or of any State or political
subdivision of a State, shall refer to any highway designated
as a future Interstate
[[Page S9283]]
System route under this subparagraph, nor shall any such
highway be signed or marked, as a highway on the Interstate
System until such time as the highway is constructed to the
geometric and construction standards for the Interstate
System and has been designated as a route on the Interstate
System.
``(C) Financial responsibility.--
``(i) In general.--Except as provided in clause (ii), the
designation of a highway under this paragraph shall create no
additional Federal financial responsibility with respect to
the highway.
``(ii) Certain highways.--Subject to section 119(b)(1)(B),
a State may use funds available to the State under paragraphs
(1) and (3) of section 104(b) for the resurfacing,
restoration, rehabilitation, and reconstruction of a
highway--
``(I) designated before March 9, 1984, as a route on the
Interstate System under subparagraph (A) or as a future
Interstate System route under subparagraph (B); or
``(II) in Alaska or Puerto Rico designated under
subparagraph (A).
``(d) Transfer of Interstate Construction Funds.--
``(1) Interstate construction funds not in surplus.--
``(A) In general.--Upon application by a State and approval
by the Secretary, the Secretary may transfer to the
apportionment of the State under section 104(b)(1) any amount
of funds apportioned to the State under section 104(b)(5)(A)
(as in effect on the day before the date of enactment of the
Intermodal Transportation Act of 1997), if the amount does
not exceed the Federal share of the costs of construction of
segments of the Interstate System in the State included in
the most recent Interstate System cost estimate.
``(B) Effect of transfer.--Upon transfer of an amount under
subparagraph (A), the construction on which the amount is
based, as included in the most recent Interstate System cost
estimate, shall be ineligible for funding under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Intermodal Transportation Act of 1997) or
104(k).
``(2) Surplus interstate construction funds.--Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State
under section 104(b)(1) any amount of surplus funds
apportioned to the State under section 104(b)(5)(A) (as in
effect on the day before the date of enactment of the
Intermodal Transportation Act of 1997), if the State has
fully financed all work eligible under the most recent
Interstate System cost estimate.
``(3) Applicability of certain laws.--Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.
``(e) Unobligated Balances of Interstate Substitute
Funds.--Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) (as in effect on the day before
the date of enactment of the Intermodal Transportation Act of
1997) shall be available for obligation by the State under
the law (including regulations, policies, and procedures)
relating to the obligation and expenditure of the funds in
effect on that date.''.
(b) Conforming Amendments.--
(1)(A) Section 101(a) of title 23, United States Code, is
amended in the undesignated paragraph defining ``Interstate
System'' by striking ``subsection (e) of section 103 of this
title'' and inserting ``section 103(c)''.
(B) Section 104(f)(1) of title 23, United States Code, is
amended by striking ``, except that'' and all that follows
through ``programs''.
(C) Section 115(a) of title 23, United States Code, is
amended--
(i) in the subsection heading, by striking ``Substitute,'';
and
(ii) in paragraph (1)(A)(i), by striking ``103(e)(4)(H),'';
(D) Section 118 of title 23, United States Code (as amended
by section 1118(b)), is amended--
(i) by striking subsection (d); and
(ii) by redesignating subsections (e), (f), and (g) (as
added by section 1103(d)) as subsections (c), (d), and (e),
respectively.
(E) Section 129(b) of title 23, United States Code, is
amended in the first sentence by striking ``which has been''
and all that follows through ``and has not'' and inserting
``which is a public road and has not''.
(2)(A) Section 139 of title 23, United States Code, is
repealed.
(B) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section
139.
(C) Section 119(a) of title 23, United States Code, is
amended in the first sentence--
(i) by striking ``sections 103 and 139(c) of this title''
and inserting ``section 103(c)(1) and, in Alaska and Puerto
Rico, under section 103(c)(4)(A)''; and
(ii) by striking ``section 139 (a) and (b) of this title''
and inserting ``subparagraphs (A) and (B) of section
103(c)(4)''.
(D) Section 127(f) of title 23, United States Code, is
amended by striking ``section 139(a)'' and inserting
``section 103(c)(4)(A)''.
(E) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 597) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Treatment of segments.--Subject to subparagraph (C),
segments designated as parts of the Interstate System under
this paragraph shall be treated in the same manner as
segments designated under section 103(c)(4)(A) of title 23,
United States Code.''.
SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Definitions and Declaration of Policy.--
(1) Creation of policy section.--Section 102 of title 23,
United States Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 102. Declaration of policy'';
(B) by redesignating subsection (a) as subsection (c) and
moving that subsection to the end of section 146; and
(C) by redesignating subsection (b) as subsection (f) and
moving that subsection to the end of section 118 (as amended
by section 1701(b)(1)(D)(ii)).
(2) Transfer of policy provisions.--Section 101 of title
23, United States Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 101. Definitions'';
(B) in subsection (a), by striking ``(a)'';
(C) by striking subsection (b); and
(D) by redesignating subsections (c) through (e) as
subsections (a) through (c), respectively, and moving those
subsections to section 102 (as amended by paragraph (1)).
(3) Conforming amendments.--
(A) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the items relating to sections
101 and 102 and inserting the following:
``101. Definitions.
``102. Declaration of policy.''.
(B) Section 47107(j)(1)(B) of title 49, United States Code,
is amended by striking ``section 101(a)'' and inserting
``section 101''.
(b) Advance Construction.--Section 115 of title 23, United
States Code, is amended--
(1) in subsection (b)--
(A) by striking ``Projects'' and all that follows through
``When a State'' and inserting ``Projects.--When a State'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately;
(2) by striking subsection (c);
(3) in subsection (d), by striking ``section 135(f)'' and
inserting ``section 135''; and
(4) by redesignating subsection (d) as subsection (c).
(c) Maintenance.--Section 116 of title 23, United States
Code, is amended--
(1) in subsection (a), by striking the second sentence;
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in the first sentence, by striking ``he'' and inserting
``the Secretary''; and
(B) in the second sentence, by striking ``further
projects'' and inserting ``further expenditure of Federal-aid
highway program funds''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(d) Interstate Maintenance Program.--Section 119(a) of
title 23, United States Code, is amended in the first
sentence by striking ``the date of enactment of this
sentence'' and inserting ``March 9, 1984''.
(e) Advances to States.--Section 124 of title 23, United
States Code, is amended--
(1) by striking ``(a)''; and
(2) by striking subsection (b).
(f) Diversion.--
(1) In general.--Section 126 of title 23, United States
Code, is repealed.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126.
(g) Railway-Highway Crossings.--Section 130(f) of title 23,
United States Code, is amended by striking ``Apportionment''
and all that follows through the first sentence and inserting
``Federal Share.--''.
(h) Surface Transportation Program.--Section 133(a) of
title 23, United States Code, is amended by striking
``Establishment.--The Secretary shall establish'' and
inserting ``In General.--The Secretary shall carry out''.
(i) Control of Junkyards.--Section 136 of title 23, United
States Code, is amended by striking subsection (m) and
inserting the following:
``(m) Primary System Defined.--For purposes of this
section, the term `primary system' means the Federal-aid
primary system in existence on June 1, 1991, and any highway
which is not on such system but which is on the National
Highway System.''.
(j) Fringe and Corridor Parking Facilities.--Section 137(a)
of title 23, United States Code, is amended in the first
sentence by striking ``on the Federal-aid urban system'' and
inserting ``on a Federal-aid highway''.
(k) Nondiscrimination.--Section 140 of title 23, United
States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``subsection (a) of
section 105 of this title,'' and inserting ``section
106(a),'';
(B) by striking ``he'' each place it appears and inserting
``the Secretary'';
(C) in the second sentence, by striking ``He'' and
inserting ``The Secretary'';
(D) in the third sentence, by striking ``In approving
programs for projects on any of the Federal-aid systems,''
and inserting ``Before approving any project under section
106(a),''; and
(E) in the last sentence, by striking ``him'' and inserting
``the Secretary'';
(2) by striking subsection (b);
[[Page S9284]]
(3) in the subsection heading of subsection (d), by
striking ``and Contracting''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(l) Priority Primary Routes.--
(1) In general.--Section 147 of title 23, United States
Code, is repealed.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 147.
(m) Development of a National Scenic and Recreational
Highway.--
(1) In general.--Section 148 of title 23, United States
Code, is repealed.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 148.
(n) Hazard Elimination Program.--Section 152(e) of title
23, United States Code, is amended by striking ``apportioned
to'' in the first sentence and all that follows through
``shall be'' in the second sentence.
(o) Access Highways to Public Recreation Areas on Certain
Lakes.--
(1) In general.--Section 155 of title 23, United States
Code, is repealed.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 155.
SEC. 1703. NONDISCRIMINATION.
(a) In General.--Section 324 of title 23, United States
Code, is amended--
(1) by inserting ``(d) Prohibition of Discrimination on the
Basis of Sex.--'' before ``No person''; and
(2) by moving subsection (d) (as designated by paragraph
(1)) to the end of section 140 (as amended by section
1702(k)).
(b) Conforming Amendments.--
(1) Section 324 of title 23, United States Code, is
repealed.
(2) The analysis for chapter 3 of title 23, United States
Code, is amended by striking the item relating to section
324.
SEC. 1704. STATE TRANSPORTATION DEPARTMENT.
(a) In General.--Section 302 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a)'';
(B) by striking the second sentence; and
(C) by adding at the end the following: ``Compliance with
this section shall have no effect on the eligibility of
costs.''; and
(2) by striking subsection (b).
(b) Conforming Amendments.--
(1) Title 23, United States Code, is amended--
(A) by striking ``State highway department'' each place it
appears and inserting ``State transportation department'';
and
(B) by striking ``State highway departments'' each place it
appears and inserting ``State transportation departments''.
(2) The analysis for chapter 3 of title 23, United States
Code, is amended in the item relating to section 302 by
striking ``highway'' and inserting ``transportation''.
(3) Section 302 of title 23, United States Code, is amended
in the section heading by striking ``highway'' and inserting
``transportation''.
(4) Section 410(h)(5) of title 23, United States Code, is
amended in the paragraph heading by striking ``highway'' and
inserting ``transportation''.
(5) Section 201(b) of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App.) is amended in the second
sentence by striking ``State highway department'' and
inserting ``State transportation department''.
(6) Section 138(c) of the Surface Transportation Assistance
Act of 1978 (40 U.S.C. App. note to section 201 of the
Appalachian Regional Development Act of 1965; Public Law 95-
599) is amended in the first sentence by striking ``State
highway department'' and inserting ``State transportation
department''.
TITLE II--RESEARCH AND TECHNOLOGY
Subtitle A--Research and Training
SEC. 2001. STRATEGIC RESEARCH PLAN.
Subtitle III of title 49, United States Code, is amended--
(1) in the table of chapters, by inserting after the item
relating to chapter 51 the following:
``52. RESEARCH AND DEVELOPMENT............................. 5201'';
and
(2) by inserting after chapter 51 the following:
``CHAPTER 52--RESEARCH AND DEVELOPMENT
``Sec.
``5201. Definitions.
``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS
``5211. Transactional authority.
``SUBCHAPTER II--STRATEGIC PLANNING
``5221. Strategic planning.
``5222. Authorization of appropriations.
``SUBCHAPTER III--MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT
PROGRAM
``5231. Multimodal Transportation Research and Development Program.
``5232. Authorization of appropriations.
``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS
``5241. National university transportation centers.
``Sec. 5201. Definitions
``In this chapter:
``(1) Department.--The term `Department' means the
Department of Transportation.
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS
``Sec. 5211. Transactional authority
``To further the objectives of this chapter, the Secretary
may make grants to, and enter into contracts, cooperative
agreements, and other transactions with--
``(1) any person or any agency or instrumentality of the
United States;
``(2) any unit of State or local government;
``(3) any educational institution; and
``(4) any other entity.
``SUBCHAPTER II--STRATEGIC PLANNING
``Sec. 5221. Strategic planning
``(a) Authority.--The Secretary shall establish a strategic
planning process to--
``(1) determine national transportation research,
development, and technology deployment priorities,
strategies, and milestones over the next 5 years;
``(2) coordinate Federal transportation research,
development, and technology deployment activities; and
``(3) measure the impact of the research, development, and
technology investments described in paragraph (2) on the
performance of the transportation system of the United
States.
``(b) Criteria.--In developing strategic plans for
intermodal, multimodal, and mode-specific research,
development, and technology deployment, the Secretary shall
consider the need to--
``(1) coordinate and integrate Federal, regional, State,
and metropolitan planning research, development, and
technology activities in urban and rural areas;
``(2) promote standards that facilitate a seamless and
interoperable transportation system;
``(3) encourage innovation;
``(4) identify and facilitate initiatives and partnerships
to deploy technology with the potential for improving
transportation systems during the next 5-year and 10-year
periods;
``(5) identify core research to support the long-term
transportation technology and system needs of urban and rural
areas of the United States, including safety;
``(6) ensure the ability of the United States to compete on
a global basis; and
``(7) provide a means of assessing the impact of Federal
research and technology investments on the performance of the
transportation system of the United States.
``(c) Implementation.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall adopt such policies and procedures as are
appropriate--
``(A) to provide for integrated planning, coordination, and
consultation among the Administrators of the operating
administrations of the Department and other Federal officials
with responsibility for research, development, and technology
transfer important to national transportation needs;
``(B) to promote the exchange of information on
transportation-related research and development activities
among the operating elements of the Department, other Federal
departments and agencies, State and local governments,
colleges and universities, industry, and other private and
public sector organizations engaged in the activities;
``(C) to ensure that the research and development programs
of the Department do not duplicate other Federal and, to the
maximum extent practicable, private sector research and
development programs; and
``(D) to ensure that the research and development
activities of the Department--
``(i) make appropriate use of the talents, skills, and
abilities at the Federal laboratories; and
``(ii) leverage, to the maximum extent practicable, the
research, development, and technology transfer capabilities
of institutions of higher education and private industry.
``(2) Consultation.--The procedures and policies adopted
under paragraph (1) shall include consultation with State
officials and members of the private sector.
``(d) Reports.--
``(1) In general.--Concurrent with the submission to
Congress of the budget of the President for each fiscal year,
the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the strategic plans, goals, and
milestones developed under subsections (a) and (b) to help
guide research, development, and technology transfer
activities during the 5-year period beginning on the date of
the report.
``(2) Comparison to previous report.--The report shall
include a delineation of the progress made with respect to
each of the plans, goals, and milestones specified in the
previous report.
``(3) Prohibition on obligation for failure to submit
report.--Beginning on the date of the submission to Congress
of the budget of the President for fiscal year 2000, and on
the date of the submission for each fiscal year thereafter,
none of the funds made available under this chapter or
chapter 5 of title 23 may be obligated until the report
required under paragraph (1) for that fiscal year is
submitted.
[[Page S9285]]
``Sec. 5222. Authorization of contract authority
``(a) In General.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subchapter $1,500,000 for each of fiscal years
1998 through 2003.
``(b) Contract Authority.--Funds authorized under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
except that--
``(1) any Federal share of the cost of an activity under
this subchapter shall be determined in accordance with this
subchapter; and
``(2) the funds shall remain available for obligation for a
period of 2 years after the last day of the fiscal year for
which the funds are authorized.
``(c) Use of Unallocated Funds.--To the extent that the
amounts made available for any fiscal year under subsection
(a) exceed the amounts used to carry out section 5221 for the
fiscal year, the excess amounts--
``(1) shall be apportioned in accordance with section
104(b)(3) of title 23;
``(2) shall be considered to be sums made available for
expenditure on the surface transportation program, except
that the amounts shall not be subject to section 133(d) of
that title; and
``(3) shall be available for any purpose eligible for
funding under section 133 of that title.''.
SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT
PROGRAM.
Chapter 52 of title 49, United States Code (as added by
section 2001), is amended by adding at the end the following:
``SUBCHAPTER III--MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT
PROGRAM
``Sec. 5231. Multimodal Transportation Research and
Development Program
``(a) Establishment.--The Secretary shall establish a
program to be known as the `Multimodal Transportation
Research and Development Program'.
``(b) Purposes.--The purposes of the Multimodal
Transportation Research and Development Program are to--
``(1) enhance the capabilities of Federal agencies to meet
national transportation needs, as defined by the missions of
the agencies, through support for long-term and applied
research and development that would benefit the various modes
of transportation, including research and development in
safety, security, mobility, energy and the environment,
information and physical infrastructure, and industrial
design;
``(2) identify and apply innovative research performed by
the Federal Government, academia, and the private sector to
the intermodal and multimodal transportation research,
development, and deployment needs of the Department and the
transportation enterprise of the United States;
``(3) identify and leverage research, technologies, and
other information developed by the Federal Government for
national defense and nondefense purposes for the benefit of
the public, commercial, and defense transportation sectors;
and
``(4) share information and analytical and research
capabilities among the Federal Government, State and local
governments, colleges and universities, and private
organizations to advance their ability to meet their
transportation research, development, and deployment needs.
``(c) Process for Consultation.--To advise the Secretary in
establishing priorities within the Program, the Secretary
shall establish a process for consultation among the
Administrators of the operating administrations of the
Department and other Federal officials with responsibility
for research.
``Sec. 5232. Authorization of contract authority
``(a) In General.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subchapter $2,500,000 for each of fiscal years
1998 through 2003.
``(b) Contract Authority.--Funds authorized under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
except that--
``(1) any Federal share of the cost of an activity under
this subchapter shall be determined in accordance with this
subchapter; and
``(2) the funds shall remain available for obligation for a
period of 2 years after the last day of the fiscal year for
which the funds are authorized.''.
SEC. 2003. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.
(a) In General.--Chapter 52 of title 49, United States Code
(as amended by section 2002), is amended by adding at the end
the following:
``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS
``Sec. 5241. National university transportation centers
``(a) Regionally Based Centers.--The Secretary shall make
grants to, or enter into contracts with, the nonprofit
institutions of higher learning selected under section 5317
(as in effect on the day before the date of enactment of this
section) to operate 1 university transportation center in
each of the 10 Federal administrative regions that comprise
the Standard Federal Regional Boundary System.
``(b) Additional Centers.--
``(1) In general.--The Secretary may make grants to
nonprofit institutions of higher learning to establish and
operate not more than 10 additional university transportation
centers to address--
``(A) transportation management, research, and development,
with special attention to increasing the number of highly
skilled minority individuals and women entering the
transportation workforce;
``(B) transportation and industrial productivity;
``(C) rural transportation;
``(D) advanced transportation technology;
``(E) international transportation policy studies;
``(F) transportation infrastructure technology;
``(G) urban transportation research;
``(H) transportation and the environment;
``(I) surface transportation safety; or
``(J) infrastructure finance studies.
``(2) Selection criteria.--
``(A) Application.--A nonprofit institution of higher
learning that desires to receive a grant under paragraph (1)
shall submit an application to the Secretary in such manner
and containing such information as the Secretary may require.
``(B) Selection of recipients.--The Secretary shall select
each grant recipient under paragraph (1) on the basis of--
``(i) the demonstrated research and extension resources
available to the recipient to carry out this section;
``(ii) the capability of the recipient to provide
leadership in making national and regional contributions to
the solution of immediate and long-term transportation
problems;
``(iii) the establishment by the recipient of a surface
transportation program that encompasses several modes of
transportation;
``(iv) the demonstrated ability of the recipient to
disseminate results of transportation research and education
programs through a statewide or regionwide continuing
education program; and
``(v) the strategic plan that the recipient proposes to
carry out using the grant funds.
``(c) Objectives.--Each university transportation center
shall use grant funds under subsection (a) or (b) to carry
out--
``(1) multimodal basic and applied research, the products
of which are judged by peers or other experts in the field to
advance the body of knowledge in transportation;
``(2) an education program that includes multidisciplinary
course work and participation in research; and
``(3) an ongoing program of technology transfer that makes
research results available to potential users in a form that
can be readily implemented, used, or otherwise applied.
``(d) Maintenance of Effort.--Before making a grant under
subsection (a) or (b), the Secretary shall require the grant
recipient to enter into an agreement with the Secretary to
ensure that the recipient will maintain, during the period of
the grant, a level of total expenditures from all other
sources for establishing and operating a university
transportation center and carrying out related research
activities that is at least equal to the average level of
those expenditures in the 2 fiscal years of the recipient
prior to the award of a grant under subsection (a) or (b).
``(e) Additional Grants and Contracts.--
``(1) Grants or contracts.--In addition to grants under
subsection (a) or (b), the Secretary may make grants to, or
enter into contracts with, university transportation centers
without the need for a competitive process.
``(2) Use of grants or contracts.--A noncompetitive grant
or contract under paragraph (1) shall be used for
transportation research, development, education, or training
consistent with the strategic plan approved as part of the
selection process for the center.
``(f) Federal Share.--The Federal share of the cost of
establishing and operating a university transportation center
and carrying out related research activities under this
section shall be not more than 50 percent.
``(g) Program Coordination.--
``(1) In general.--The Secretary shall--
``(A) coordinate research, education, training, and
technology transfer activities carried out by grant
recipients under this section;
``(B) disseminate the results of the research; and
``(C) establish and operate a clearinghouse for
disseminating the results of the research.
``(2) Review and evaluation.--
``(A) In general.--Not less often than annually, the
Secretary shall review and evaluate programs carried out by
grant recipients under this section.
``(B) Notification of deficiencies.--In carrying out
subparagraph (A), if the Secretary determines that a
university transportation center is deficient in meeting the
objectives of this section, the Secretary shall notify the
grant recipient operating the center of each deficiency and
provide specific recommendations of measures that should be
taken to address the deficiency.
``(C) Disqualification.--If, after the end of the 180-day
period that begins on the date of notification to a grant
recipient under subparagraph (B) with respect to a center,
the Secretary determines that the recipient has not corrected
each deficiency identified under subparagraph (B), the
Secretary may, after notifying the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of the determination--
[[Page S9286]]
``(i) disqualify the university transportation center from
further participation under this section; and
``(ii) make a grant for the establishment of a new
university transportation center, in lieu of the disqualified
center, under subsection (a) or (b), as applicable.
``(3) Funding.--The Secretary may use not more than 1
percent of Federal funds made available under this section to
carry out this subsection.
``(h) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $12,000,000 for each of fiscal years
1998 through 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be made available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, except that the Federal share of the cost of a
project under this section shall be determined in accordance
with this section.
``(3) Technology transfer activities.--For each fiscal
year, not less than 5 percent of the amounts made available
to carry out this section shall be available to carry out
technology transfer activities.
``(i) Limitation on Availability of Funds.--Funds
authorized under this section shall remain available for
obligation for a period of 2 years after the last day of the
fiscal year for which the funds are authorized.''.
(b) Conforming Amendments.--
(1) Sections 5316 and 5317 of title 49, United States Code,
are repealed.
(2) The analysis for chapter 53 of title 49, United States
Code, is amended by striking the items relating to sections
5316 and 5317.
SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 111 of title 49, United States
Code, is amended--
(1) in subsection (b)(4), by striking the second sentence;
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (J), by striking ``and'' at the end;
(ii) in subparagraph (K), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(L) transportation-related variables that influence
global competitiveness.'';
(B) in paragraph (2)--
(i) in the first sentence, by striking ``national
transportation system'' and inserting ``transportation
systems of the United States'';
(ii) by striking subparagraph (A) and inserting the
following:
``(A) be coordinated with efforts to measure outputs and
outcomes of the Department of Transportation and the
transportation systems of the United States under the
Government Performance and Results Act of 1993 (Public Law
103-62) and the amendments made by that Act;''; and
(iii) in subparagraph (C), by inserting ``, made relevant
to the States and metropolitan planning organizations,''
after ``accuracy'';
(C) in paragraph (3), by adding at the end the following:
``The Bureau shall review and report to the Secretary of
Transportation on the sources and reliability of the
statistics proposed by the heads of the operating
administrations of the Department to measure outputs and
outcomes as required by the Government Performance and
Results Act of 1993 (Public Law 103-62) and the amendments
made by that Act, and shall carry out such other reviews of
the sources and reliability of other data collected by the
heads of the operating administrations of the Department as
shall be requested by the Secretary.''; and
(D) by adding at the end the following:
``(7) Supporting transportation decisionmaking.--Ensuring
that the statistics compiled under paragraph (1) are relevant
for transportation decisionmaking by the Federal Government,
State and local governments, transportation-related
associations, private businesses, and consumers.'';
(3) by redesignating subsections (d), (e) and (f) as
subsections (h), (i) and (j), respectively;
(4) by striking subsection (g);
(5) by inserting after subsection (c) the following:
``(d) Transportation Data Base.--
``(1) In general.--In consultation with the Associate
Deputy Secretary, the Assistant Secretaries, and the heads of
operating administrations of the Department of
Transportation, the Director shall establish and maintain a
transportation data base for all modes of transportation.
``(2) Use.--The data base shall be suitable for analyses
carried out by the Federal Government, the States, and
metropolitan planning organizations.
``(3) Contents.--The data base shall include--
``(A) information on the volumes and patterns of movement
of goods, including local, interregional, and international
movement, by all modes of transportation and intermodal
combinations, and by relevant classification;
``(B) information on the volumes and patterns of movement
of people, including local, interregional, and international
movements, by all modes of transportation (including bicycle
and pedestrian modes) and intermodal combinations, and by
relevant classification;
``(C) information on the location and connectivity of
transportation facilities and services; and
``(D) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal
combination.
``(e) National Transportation Library.--
``(1) In general.--The Director shall establish and
maintain a National Transportation Library, which shall
contain a collection of statistical and other information
needed for transportation decisionmaking at the Federal,
State, and local levels.
``(2) Access.--The Bureau shall facilitate and promote
access to the Library, with the goal of improving the ability
of the transportation community to share information and the
ability of the Bureau to make statistics readily accessible
under subsection (c)(5).
``(3) Coordination.--The Bureau shall work with other
transportation libraries and other transportation information
providers, both public and private, to achieve the goal
specified in paragraph (2).
``(f) National Transportation Atlas Data Base.--
``(1) In general.--The Director shall develop and maintain
geospatial data bases that depict--
``(A) transportation networks;
``(B) flows of people, goods, vehicles, and craft over the
networks; and
``(C) social, economic, and environmental conditions that
affect or are affected by the networks.
``(2) Intermodal network analysis.--The data bases shall be
able to support intermodal network analysis.
``(g) Research and Development Grants.--The Secretary may
make grants to, or enter into cooperative agreements or
contracts with, public and nonprofit private entities
(including State departments of transportation, metropolitan
planning organizations, and institutions of higher education)
for--
``(1) investigation of the subjects specified in subsection
(c)(1) and research and development of new methods of data
collection, management, integration, dissemination,
interpretation, and analysis;
``(2) development of electronic clearinghouses of
transportation data and related information, as part of the
National Transportation Library under subsection (e); and
``(3) development and improvement of methods for sharing
geographic data, in support of the national transportation
atlas data base under subsection (f) and the National Spatial
Data Infrastructure developed under Executive Order No.
12906.'';
(6) by striking subsection (i) (as redesignated by
paragraph (3)) and inserting the following:
``(i) Prohibition on Certain Disclosures.--
``(1) In general.--An officer or employee of the Bureau may
not--
``(A) make any disclosure in which the data provided by an
individual or organization under subsection (c)(2) can be
identified;
``(B) use the information provided under subsection (c)(2)
for a nonstatistical purpose; or
``(C) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
subsection (c)(2).
``(2) Prohibition on requests for certain data.--
``(A) Government agencies.--No department, bureau, agency,
officer, or employee of the United States (except the
Director of the Bureau of Transportation Statistics in
carrying out this section) may require, for any reason, a
copy of any report that has been filed under subsection
(c)(2) with the Bureau of Transportation Statistics or
retained by an individual respondent.
``(B) Courts.--Any copy of a report described in
subparagraph (A) that has been retained by an individual
respondent or filed with the Bureau or any of its employees,
contractors, or agents--
``(i) shall be immune from legal process; and
``(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding.
``(C) Applicability.--This paragraph shall apply only to
information that permits information concerning an individual
or organization to be reasonably inferred by direct or
indirect means.
``(3) Data collected for nonstatistical purposes.--In a
case in which the Bureau is authorized by statute to collect
data or information for a nonstatistical purpose, the
Director shall clearly distinguish the collection of the data
or information, by rule and on the collection instrument, so
as to inform a respondent that is requested or required to
supply the data or information of the nonstatistical
purpose.'';
(7) in subsection (j) (as redesignated by paragraph (3)),
by striking ``On or before January 1, 1994, and annually
thereafter, the'' and inserting ``The''; and
(8) by adding at the end the following:
``(k) Proceeds of Data Product Sales.--Notwithstanding
section 3302 of title 31, United States Code, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred, may be
credited to the Highway Trust Fund (other than the Mass
Transit Account) for the purpose of reimbursing the Bureau
for the expenses.
``(l) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than
[[Page S9287]]
the Mass Transit Account) to carry out this section
$26,000,000 for fiscal year 1998, $27,000,000 for fiscal year
1999, $28,000,000 for fiscal year 2000, $29,000,000 for
fiscal year 2001, $30,000,000 for fiscal year 2002, and
$31,000,000 for fiscal year 2003, except that not more than
$500,000 for each fiscal year may be made available to carry
out subsection (g).
``(2) Availability.--Funds authorized under this subsection
shall remain available for a period of 3 years after the last
day of the fiscal year for which the funds are authorized.
``(3) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23.''.
(b) Conforming Amendments.--Section 5503 of title 49,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively.
SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.
Title 23, United States Code, is amended--
(1) in the table of chapters, by adding at the end the
following:
``5. Research and Technology.................................501'';....
and
(2) by adding at the end the following:
``CHAPTER 5--RESEARCH AND TECHNOLOGY
``SUBCHAPTER I--RESEARCH AND TRAINING
``Sec.
``501. Definition of safety.
``502. Research and technology program.
``503. Advanced research program.
``504. Long-term pavement performance program.
``505. State planning and research program.
``506. Education and training.
``507. International highway transportation outreach program.
``508. National technology deployment initiatives and partnerships
program.
``509. Infrastructure investment needs report.
``510. Innovative bridge research and construction program.
``511. Study of future strategic highway research program.
``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS
``521. Findings and purposes.
``522. Definitions.
``523. Cooperation, consultation, and analysis.
``524. Research, development, and training.
``525. Intelligent transportation system integration program.
``526. Integration program for rural areas.
``527. Commercial vehicle intelligent transportation system
infrastructure.
``528. Standards.
``529. Funding limitations.
``530. Advisory committees.
``SUBCHAPTER III--FUNDING
``541. Funding.
``SUBCHAPTER I--RESEARCH AND TRAINING
``Sec. 501. Definition of safety
``In this chapter, the term `safety' includes highway and
traffic safety systems, research and development relating to
vehicle, highway, driver, passenger, bicyclist, and
pedestrian characteristics, accident investigations,
communications, emergency medical care, and transportation of
the injured.
``Sec. 502. Research and technology program
``(a) General Authority and Collaborative Agreements.--
``(1) Authority of the secretary.--
``(A) In general.--The Secretary--
``(i) shall carry out research, development, and technology
transfer activities with respect to--
``(I) motor carrier transportation;
``(II) all phases of transportation planning and
development (including construction, operation,
modernization, development, design, maintenance, safety,
financing, and traffic conditions); and
``(III) the effect of State laws on the activities
described in subclauses (I) and (II); and
``(ii) may test, develop, or assist in testing and
developing any material, invention, patented article, or
process.
``(B) Cooperation, grants, and contracts.--The Secretary
may carry out this section--
``(i) independently;
``(ii) in cooperation with other Federal departments,
agencies, and instrumentalities; or
``(iii) by making grants to, or entering into contracts,
cooperative agreements, and other transactions with, the
National Academy of Sciences, the American Association of
State Highway and Transportation Officials, or any State
agency, authority, association, institution, for-profit or
nonprofit corporation, organization, foreign country, or
person.
``(C) Technical innovation.--The Secretary shall develop
and carry out programs to facilitate the application of such
products of research and technical innovations as will
improve the safety, efficiency, and effectiveness of the
transportation system.
``(D) Funds.--
``(i) In general.--Except as otherwise specifically
provided in other sections of this chapter--
``(I) to carry out this subsection, the Secretary shall
use--
``(aa) funds made available under section 541 for research,
technology, and training; and
``(bb) such funds as may be deposited by any cooperating
organization or person in a special account of the Treasury
established for this purpose; and
``(II) the funds described in item (aa) shall remain
available for obligation for a period of 3 years after the
last day of the fiscal year for which the funds are
authorized.
``(ii) Use of funds.--The Secretary shall use funds
described in clause (i) to develop, administer, communicate,
and achieve the use of products of research, development, and
technology transfer programs under this section.
``(2) Collaborative research and development.--
``(A) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the deployment
of new technology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development with
non-Federal entities, including State and local governments,
foreign governments, colleges and universities, corporations,
institutions, partnerships, sole proprietorships, and trade
associations that are incorporated or established under the
laws of any State.
``(B) Agreements.--In carrying out this paragraph, the
Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
``(C) Federal share.--
``(i) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this paragraph shall
not exceed 50 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share.
``(ii) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel, and
hardware development costs, shall be credited toward the non-
Federal share of the cost of the activities described in
clause (i).
``(D) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this paragraph, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
``(3) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into under this chapter.
``(b) Mandatory Elements of Program.--The Secretary shall
include in the surface transportation research, development,
and technology transfer programs under this subsection and as
specified elsewhere in this title--
``(1) a coordinated long-term program of research for the
development, use, and dissemination of performance indicators
to measure the performance of the surface transportation
systems of the United States, including indicators for
productivity, efficiency, energy use, air quality,
congestion, safety, maintenance, and other factors that
reflect the overall performance of the system; and
``(2) a program to strengthen and expand surface
transportation infrastructure research, development, and
technology transfer, which shall include, at a minimum--
``(A) methods and materials for improving the durability of
surface transportation infrastructure facilities and
extending the life of bridge structures, including new and
innovative technologies to reduce corrosion;
``(B) a research and development program directed toward
the reduction of costs, and the mitigation of impacts,
associated with the construction of highways and mass transit
systems;
``(C) a surface transportation research program to develop
nondestructive evaluation equipment for use with existing
infrastructure facilities and with next-generation
infrastructure facilities that use advanced materials;
``(D)(i) information technology, including appropriate
computer programs to collect and analyze data on the status
of infrastructure facilities described in subparagraph (C)
with respect to enhancing management, growth, and capacity;
and
``(ii) dynamic simulation models of surface transportation
systems for--
``(I) predicting capacity, safety, and infrastructure
durability problems;
``(II) evaluating planned research projects; and
``(III) testing the strengths and weaknesses of proposed
revisions to surface transportation operation programs;
``(E) new innovative technologies to enhance and facilitate
field construction and rehabilitation techniques for
minimizing disruption during repair and maintenance of
structures;
``(F) initiatives to improve the ability of the United
States to respond to emergencies and natural disasters and to
enhance national defense mobility; and
``(G) an evaluation of traffic calming measures that
promote community preservation, transportation mode choice,
and safety.
``(c) Report on Goals, Milestones, and Accomplishments.--
The goals, milestones, and accomplishments relevant to each
of the mandatory program elements described in subsection (b)
shall be specified in the report required under section
5221(d) of title 49.''.
[[Page S9288]]
SEC. 2006. ADVANCED RESEARCH PROGRAM.
Subchapter I of chapter 5 of title 23, United States Code
(as added by section 2005), is amended by adding at the end
the following:
``Sec. 503. Advanced research program
``(a) Establishment.--
``(1) In general.--The Secretary shall establish an
advanced research program within the Federal Highway
Administration to address longer-term, higher-risk research
that shows potential benefits for improving the durability,
mobility, efficiency, environmental impact, productivity, and
safety of transportation systems.
``(2) Development of partnerships.--In carrying out the
program, the Secretary shall attempt to develop partnerships
with the public and private sectors.
``(b) Grants, Cooperative Agreements, and Contracts.--Under
the program, the Secretary may make grants and enter into
cooperative agreements and contracts for advanced research.
``(c) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $5,000,000 for fiscal year 1998,
$7,000,000 for fiscal year 1999, $9,000,000 for fiscal year
2000, and $10,000,000 for each of fiscal years 2001 through
2003.
``(2) Contract authority.--Funds authorized under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1, except that
the Federal share of the cost of any activity funded under
this subsection shall be determined by the Secretary.''.
SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PROGRAM.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2006), is amended by adding at the end
the following:
``Sec. 504. Long-term pavement performance program
``(a) Authority.--The Secretary shall complete the long-
term pavement performance program tests initiated under the
strategic highway research program established under section
307(d) (as in effect on the day before the date of enactment
of this section) and continued by the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240)
through the midpoint of a planned 20-year life of the long-
term pavement performance program (referred to in this
section as the `program').
``(b) Grants, Cooperative Agreements, and Contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
``(1) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
``(2) analyze the data obtained in carrying out paragraph
(1); and
``(3) prepare products to fulfill program objectives and
meet future pavement technology needs.
``(c) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $15,000,000 for each of fiscal years
1998 through 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
``(A) the Federal share of the cost of any activity funded
under this section shall be determined by the Secretary; and
``(B) the funds shall remain available for obligation for a
period of 3 years after the last day of the fiscal year for
which the funds are authorized.''.
SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2007), is amended by adding at the end
the following:
``Sec. 505. State planning and research program
``(a) In General.--
``(1) Availability of funds.--Two percent of the sums
apportioned for fiscal year 1998 and each fiscal year
thereafter to any State under section 104 (except section
104(f)) and any transfers or additions to the surface
transportation program under section 133 shall be available
for expenditure by the State transportation agency, in
consultation with the Secretary, in accordance with this
section.
``(2) Use of funds.--The sums referred to in paragraph (1)
shall be available only for--
``(A) intermodal metropolitan, statewide, and
nonmetropolitan planning under sections 134 and 135;
``(B) development and implementation of management systems
referred to in section 303;
``(C) studies, research, development, and technology
transfer activities necessary for the planning, design,
construction, management, operation, maintenance, regulation,
and taxation of the use of surface transportation systems,
including training and accreditation of inspection and
testing on engineering standards and construction materials
for the systems; and
``(D) studies of the economy, safety, and convenience of
surface transportation usage and the desirable regulation and
equitable taxation of surface transportation usage.
``(b) Minimum Expenditures on Studies, Research,
Development, and Technology Transfer Activities.--
``(1) In general.--Not less than 25 percent of the funds of
a State that are subject to subsection (a) shall be expended
by the State transportation agency for studies, research,
development, and technology transfer activities described in
subparagraphs (C) and (D) of subsection (a)(2) unless the
State certifies to the Secretary for the fiscal year that the
total expenditures by the State transportation agency for
transportation planning under sections 134 and 135 will
exceed 75 percent of the amount of the funds and the
Secretary accepts the certification.
``(2) Exemption from small business assessment.--Funds
expended under paragraph (1) shall not be considered to be
part of the extramural budget of the agency for the purpose
of section 9 of the Small Business Act (15 U.S.C. 638).
``(c) Federal Share.--The Federal share of the cost of a
project financed with funds referred to in subsection (a)
shall be 80 percent unless the Secretary determines that the
interests of the Federal-aid highway program would be best
served by decreasing or eliminating the non-Federal share.
``(d) Administration of Funds.--Funds referred to in
subsection (a) shall be combined and administered by the
Secretary as a single fund, which shall be available for
obligation for the same period as funds apportioned under
section 104(b)(1).''.
SEC. 2009. EDUCATION AND TRAINING.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2008), is amended by adding at the end
the following:
``Sec. 506. Education and training
``(a) Local Technical Assistance Program.--
``(1) Authority.--The Secretary shall carry out a
transportation assistance program that will provide access to
modern highway technology to--
``(A) highway and transportation agencies in urbanized
areas with populations of between 50,000 and 1,000,000
individuals;
``(B) highway and transportation agencies in rural areas;
and
``(C) contractors that do work for the agencies.
``(2) Grants, cooperative agreements, and contracts.--The
Secretary may make grants and enter into cooperative
agreements and contracts to provide education and training,
technical assistance, and related support services that
will--
``(A) assist rural, local transportation agencies and
tribal governments, and the consultants and construction
personnel working for the agencies and governments, to--
``(i) develop and expand their expertise in road and
transportation areas (including pavement, bridge, safety
management systems, and traffic safety countermeasures);
``(ii) improve roads and bridges;
``(iii) enhance--
``(I) programs for the movement of passengers and freight;
and
``(II) intergovernmental transportation planning and
project selection; and
``(iv) deal effectively with special transportation-related
problems by preparing and providing training packages,
manuals, guidelines, and technical resource materials;
``(B) identify, package, and deliver transportation
technology and traffic safety information to local
jurisdictions to assist urban transportation agencies in
developing and expanding their ability to deal effectively
with transportation-related problems;
``(C) operate, in cooperation with State transportation
agencies and universities--
``(i) local technical assistance program centers to provide
transportation technology transfer services to rural areas
and to urbanized areas with populations of between 50,000 and
1,000,000 individuals; and
``(ii) local technical assistance program centers
designated to provide transportation technical assistance to
Indian tribal governments; and
``(D) allow local transportation agencies and tribal
governments, in cooperation with the private sector, to
enhance new technology implementation.
``(3) Authorization of contract authority.--
``(A) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account)
$7,000,000 for fiscal year 1998, $7,000,000 for fiscal year
1999, $7,000,000 for fiscal year 2000, $8,000,000 for fiscal
year 2001, $8,000,000 for fiscal year 2002, and $8,000,000
for fiscal year 2003 to be used to develop and administer the
program established under this section and to provide
technical and financial support for the centers operated
under paragraph (2)(C).
``(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
``(i) the Federal share of the cost of any activity under
this subsection shall be determined by the Secretary; and
``(ii) the funds shall remain available for obligation for
a period of 3 years after the last day of the fiscal year for
which the funds are authorized.
``(b) National Highway Institute.--
``(1) Establishment; duties; programs.--
``(A) Establishment.--The Secretary shall establish and
operate in the Federal Highway Administration a National
Highway Institute (referred to in this subsection as the
`Institute').
``(B) Duties.--
[[Page S9289]]
``(i) Institute.--In cooperation with State transportation
agencies, United States industry, and any national or
international entity, the Institute shall develop and
administer education and training programs of instruction
for--
``(I) Federal Highway Administration, State, and local
transportation agency employees;
``(II) regional, State, and metropolitan planning
organizations;
``(III) State and local police, public safety, and motor
vehicle employees; and
``(IV) United States citizens and foreign nationals engaged
or to be engaged in surface transportation work of interest
to the United States.
``(ii) Secretary.--The Secretary shall administer, through
the Institute, the authority vested in the Secretary by this
title or by any other law for the development and conduct of
education and training programs relating to highways.
``(C) Types of programs.--Programs that the Institute may
develop and administer may include courses in modern
developments, techniques, methods, regulations, management,
and procedures relating to--
``(i) surface transportation;
``(ii) environmental factors;
``(iii) acquisition of rights-of-way;
``(iv) relocation assistance;
``(v) engineering;
``(vi) safety;
``(vii) construction;
``(viii) maintenance;
``(ix) operations;
``(x) contract administration;
``(xi) motor carrier activities;
``(xii) inspection; and
``(xiii) highway finance.
``(2) Set aside; federal share.--Not to exceed \1/4\ of 1
percent of the funds apportioned to a State under section
104(b)(3) for the surface transportation program shall be
available for expenditure by transportation agencies of the
State for the payment of not to exceed 80 percent of the cost
of tuition and direct educational expenses (excluding travel,
subsistence, or salaries) in connection with the education
and training of employees of State and local transportation
agencies in accordance with this subsection.
``(3) Federal responsibility.--
``(A) In general.--Except as provided in subparagraph (B),
education and training of employees of Federal, State, and
local transportation (including highway) agencies authorized
under this subsection may be provided--
``(i) by the Secretary at no cost to the States and local
governments if the Secretary determines that provision at no
cost is in the public interest; or
``(ii) by the State through grants, cooperative agreements,
and contracts with public and private agencies, institutions,
individuals, and the Institute.
``(B) Payment of full cost by private persons.--Private
agencies, international or foreign entities, and individuals
shall pay the full cost of any education and training
received by them unless the Secretary determines that a lower
cost is of critical importance to the public interest.
``(4) Training fellowships; cooperation.--The Institute
may--
``(A) engage in training activities authorized under this
subsection, including the granting of training fellowships;
and
``(B) carry out its authority independently or in
cooperation with any other branch of the Federal Government
or any State agency, authority, association, institution,
for-profit or nonprofit corporation, other national or
international entity, or other person.
``(5) Collection of fees.--
``(A) General rule.--In accordance with this subsection,
the Institute may assess and collect fees solely to defray
the costs of the Institute in developing or administering
education and training programs under this subsection.
``(B) Limitation.--Fees may be assessed and collected under
this subsection only in a manner that may reasonably be
expected to result in the collection of fees during any
fiscal year in an aggregate amount that does not exceed the
aggregate amount of the costs referred to in subparagraph (A)
for the fiscal year.
``(C) Persons subject to fees.--Fees may be assessed and
collected under this subsection only with respect to--
``(i) persons and entities for whom education or training
programs are developed or administered under this subsection;
and
``(ii) persons and entities to whom education or training
is provided under this subsection.
``(D) Amount of fees.--The fees assessed and collected
under this subsection shall be established in a manner that
ensures that the liability of any person or entity for a fee
is reasonably based on the proportion of the costs referred
to in subparagraph (A) that relate to the person or entity.
``(E) Use.--All fees collected under this subsection shall
be used to defray costs associated with the development or
administration of education and training programs authorized
under this subsection.
``(6) Funding.--
``(A) Authorization of contract authority.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $5,000,000 for
fiscal year 1998, $5,000,000 for fiscal year 1999, $5,000,000
for fiscal year 2000, $6,000,000 for fiscal year 2001,
$6,000,000 for fiscal year 2002, and $6,000,000 for fiscal
year 2003.
``(B) Relation to other fees.--The funds provided under
this paragraph may be combined with or held separate from the
fees collected under paragraph (5).
``(C) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
``(i) the Federal share of the cost of any activity under
this subsection shall be determined by the Secretary; and
``(ii) the funds shall remain available for obligation for
a period of 1 year after the last day of the fiscal year for
which the funds are authorized.
``(7) Contracts.--Section 3709 of the Revised Statutes (41
U.S.C. 5) shall not apply to a contract or agreement entered
into under this subsection.
``(c) Dwight David Eisenhower Transportation Fellowship
Program.--
``(1) General authority.--The Secretary, acting
independently or in cooperation with other Federal
departments, agencies, and instrumentalities, may make grants
for fellowships for any purpose for which research,
technology, or capacity building is authorized under this
chapter.
``(2) Dwight david eisenhower transportation fellowship
program.--
``(A) In general.--The Secretary shall carry out a
transportation fellowship program, to be known as the `Dwight
David Eisenhower Transportation Fellowship Program', for the
purpose of attracting qualified students to the field of
transportation.
``(B) Types of fellowships.--The program shall offer
fellowships at the junior through postdoctoral levels of
college education.
``(C) Citizenship.--Each recipient of a fellowship under
the program shall be a United States citizen.
``(3) Authorization of contract authority.--
``(A) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subsection $2,000,000 for each of fiscal years
1998 through 2003.
``(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
``(i) the Federal share of the cost of any activity funded
under this subsection shall be determined by the Secretary;
and
``(ii) the funds shall remain available for obligation for
a period of 1 year after the last day of the fiscal year for
which the funds are authorized.
``(d) Highway Construction Training Programs.--
``(1) Use of funds by the secretary.--
``(A) In general.--The Secretary, in cooperation with any
other department or agency of the Federal Government, State
agency, authority, association, institution, Indian tribal
government, for-profit or nonprofit corporation, or other
organization or person, may--
``(i) develop, conduct, and administer highway construction
and technology training, including skill improvement,
programs; and
``(ii) develop and fund Summer Transportation Institutes.
``(B) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into by the Secretary under
this subsection.
``(C) Funding.--
``(i) In general.--Before making apportionments under
section 104(b) for a fiscal year, the Secretary shall deduct
such sums as the Secretary determines are necessary, but not
to exceed $10,000,000 for each fiscal year, to carry out this
subsection.
``(ii) Availability.--Sums deducted under clause (i) shall
remain available until expended.
``(2) Use of funds apportioned to states.--Notwithstanding
any other provision of law, upon request of a State
transportation department to the Secretary, not to exceed \1/
2\ of 1 percent of the funds apportioned to the State for a
fiscal year under paragraphs (1) and (3) of section 104(b)
may be made available to carry out this subsection.
``(3) Reservation of training positions for individuals
receiving welfare assistance.--In carrying out this
subsection, the Secretary and States may reserve training
positions for individuals who receive welfare assistance from
a State.''.
SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH
PROGRAM.
(a) In General.--Title 23, United States Code, is amended--
(1) by redesignating section 325 as section 507;
(2) by moving that section to appear at the end of
subchapter I of chapter 5 (as amended by section 2009);
(3) in subsection (a) of that section, by inserting ``,
goods, and services'' after ``expertise''; and
(4) by striking subsection (c) of that section and
inserting the following:
``(c) Use of Funds.--
``(1) Funds deposited in special account.--Funds available
to carry out this section shall include funds deposited by
any cooperating organization or person in a special account
for the program established under this section with the
Secretary of the Treasury.
``(2) Use of funds.--The funds deposited in the special
account and other funds available
[[Page S9290]]
to carry out this section shall be available to pay the cost
of any activity eligible under this section, including the
cost of promotional materials, travel, reception and
representation expenses, and salaries and benefits of
officers and employees of the Department of Transportation.
``(3) Reimbursements.--Reimbursements for the salaries and
benefits of Federal Highway Administration employees who
provide services under this section shall be credited to the
special account.
``(d) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out section 505 for any activity
authorized under subsection (a).''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by striking the item
relating to section 325.
SEC. 2011. NATIONAL TECHNOLOGY DEPLOYMENT INITIATIVES AND
PARTNERSHIPS PROGRAM.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2010), is amended by adding at the end
the following:
``Sec. 508. National technology deployment initiatives and
partnerships program
``(a) Establishment.--The Secretary shall develop and
administer a national technology deployment initiatives
program.
``(b) Purpose.--The purpose of the program is to
significantly accelerate the adoption of innovative
technologies by the surface transportation community.
``(c) Deployment Goals.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
not more than 5 deployment goals to carry out subsection (a).
``(2) Design.--Each of the goals and the program developed
to achieve the goals shall be designed to provide tangible
benefits, with respect to transportation systems, in the
areas of efficiency, safety, reliability, service life,
environmental protection, or sustainability.
``(3) Strategies for achievement.--For each goal, the
Secretary, in cooperation with representatives of the
transportation community such as States, local governments,
the private sector, and academia, shall use domestic and
international technology to develop strategies and
initiatives to achieve the goal, including technical
assistance in deploying technology and mechanisms for sharing
information among program participants.
``(d) Continuation of SHRP Partnerships.--Under the
program, the Secretary shall continue the partnerships
established through the strategic highway research program
established under section 307(d) (as in effect on the day
before the date of enactment of this section).
``(e) Grants, Cooperative Agreements, and Contracts.--Under
the program, the Secretary may make grants and enter into
cooperative agreements and contracts to foster alliances and
support efforts to stimulate advances in transportation
technology, including--
``(1) the testing and evaluation of products of the
strategic highway research program;
``(2) the further development and implementation of
technology in areas such as the Superpave system and the use
of lithium salts to prevent and mitigate alkali silica
reactivity; and
``(3) the provision of support for long-term pavement
performance product implementation and technology access.
``(f) Reports.--Not later than 18 months after the date of
enactment of this section, and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress and results of
activities carried out under this section.
``(g) Funding.--
``(1) Authorization of contract authority.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section $50,000,000 for
each of fiscal years 1998 through 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
``(A) the Federal share of the cost of any activity under
this section shall be determined by the Secretary; and
``(B) the funds shall remain available for obligation for a
period of 3 years after the last day of the fiscal year for
which the funds are authorized.
``(3) Allocation.--To the extent appropriate to achieve the
goals established under subsection (c), the Secretary may
further allocate funds made available to carry out this
subsection to States for their use.''.
SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2011), is amended by adding at the end
the following:
``Sec. 509. Infrastructure investment needs report
``Not later than January 31, 1999, and January 31 of every
second year thereafter, the Secretary shall report to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on estimates of the future highway
and bridge needs of the United States.''.
SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION
PROGRAM.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2012), is amended by adding at the end
the following:
``Sec. 510. Innovative bridge research and construction
program
``(a) In General.--The Secretary shall establish and carry
out a program to demonstrate the application of innovative
material technology in the construction of bridges and other
structures.
``(b) Goals.--The goals of the program shall include--
``(1) the development of new, cost-effective innovative
material highway bridge applications;
``(2) the reduction of maintenance costs and life-cycle
costs of bridges, including the costs of new construction,
replacement, or rehabilitation of deficient bridges;
``(3) the development of construction techniques to
increase safety and reduce construction time and traffic
congestion;
``(4) the development of engineering design criteria for
innovative products and materials for use in highway bridges
and structures; and
``(5) the development of highway bridges and structures
that will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges.
``(c) Grants, Cooperative Agreements, and Contracts.--
``(1) In general.--Under the program, the Secretary shall
make grants to, and enter into cooperative agreements and
contracts with--
``(A) States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations to pay the Federal share of the cost of
research, development, and technology transfer concerning
innovative materials; and
``(B) States to pay the Federal share of the cost of
repair, rehabilitation, replacement, and new construction of
bridges or structures that demonstrates the application of
innovative materials.
``(2) Grants.--
``(A) Applications.--
``(i) Submission.--To receive a grant under this section,
an entity described in paragraph (1) shall submit an
application to the Secretary.
``(ii) Contents.--The application shall be in such form and
contain such information as the Secretary may require.
``(B) Approval criteria.--The Secretary shall select and
approve applications for grants under this section based on
whether the project that is the subject of the grant meets
the goals of the program described in subsection (b).
``(d) Technology and Information Transfer.--The Secretary
shall take such action as is necessary to ensure that the
information and technology resulting from research conducted
under subsection (c) is made available to State and local
transportation departments and other interested parties as
specified by the Secretary.
``(e) Federal Share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.
``(f) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account)--
``(A) to carry out subsection (c)(1)(A) $1,000,000 for each
of fiscal years 1998 through 2003; and
``(B) to carry out subsection (c)(1)(B)--
``(i) $10,000,000 for fiscal year 1998;
``(ii) $15,000,000 for fiscal year 1999;
``(iii) $17,000,000 for fiscal year 2000; and
``(iv) $20,000,000 for each of fiscal years 2001 through
2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be made available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that the Federal share of the cost of a project under
this section shall be determined in accordance with this
section.''.
SEC. 2014. USE OF BUREAU OF INDIAN AFFAIRS ADMINISTRATIVE
FUNDS.
Section 204(b) of title 23, United States Code, is amended
in the last sentence by striking ``326'' and inserting
``506''.
SEC. 2015. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH
PROGRAM.
Subchapter I of chapter 5 of title 23, United States Code
(as amended by section 2013), is amended by adding at the end
the following:
``Sec. 511. Study of future strategic highway research
program
``(a) Study.--
``(1) In general.--Not later than 120 days after the date
of enactment of this section, the Secretary shall make a
grant to, or enter into a cooperative agreement or contract
with, the Transportation Research Board of the National
Academy of Sciences (referred to in this section as the
`Board') to conduct a study to determine the goals, purposes,
research agenda and projects, administrative structure, and
fiscal needs for a new strategic highway research program to
replace the program established under section 307(d) (as in
effect on the day before the date of enactment of this
section), or a similar effort.
``(2) Consultation.--In conducting the study, the Board
shall consult with the American Association of State Highway
and
[[Page S9291]]
Transportation Officials and such other entities as the Board
determines to be necessary to the conduct of the study.
``(b) Report.--Not later than 2 years after making a grant
or entering into a cooperative agreement or contract under
subsection (a), the Board shall submit a final report on the
results of the study to the Secretary, the Committee on
Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives.''.
SEC. 2016. JOINT PARTNERSHIPS FOR ADVANCED VEHICLES,
COMPONENTS, AND INFRASTRUCTURE PROGRAM.
(a) In General.--Subchapter I of chapter 3 of subtitle I of
title 49, United States Code, is amended by adding at the end
the following:
``Sec. 310. Joint partnerships for advanced vehicles,
components, and infrastructure program
``(a) Purpose.--The Secretary of Transportation, in
coordination with other government agencies and private
consortia, shall encourage and promote the research,
development, and deployment of transportation technologies
that will use technological advances in multimodal vehicles,
vehicle components, environmental technologies, and related
infrastructure to remove impediments to an efficient and
cost-effective national transportation system.
``(b) Definition of Eligible Consortium.--In this section,
the term `eligible consortium' means a consortium that
receives funding under the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat.
1876), and that comprises 2 or more of the following
entities:
``(1) Businesses incorporated in the United States.
``(2) Public or private educational or research
organizations located in the United States.
``(3) Entities of State or local governments in the United
States.
``(4) Federal laboratories.
``(c) Program.--The Secretary shall enter into contracts,
cooperative agreements, and other transactions as authorized
by section 2371 of title 10 with, and make grants to,
eligible consortia to promote the development and deployment
of innovation in transportation technology services,
management, and operational practices.
``(d) Eligibility Criteria.--To be eligible to receive
assistance under this section, an eligible consortium shall--
``(1) for a period of not less than the 3 years preceding
the date of a contract, cooperative agreement, or other
transaction, be organized on a statewide or multistate basis
for the purpose of designing, developing, and deploying
transportation technologies that address identified
technological impediments in the transportation field;
``(2) facilitate the participation in the consortium of
small- and medium-sized businesses, utilities, public
laboratories and universities, and other relevant entities;
``(3) be actively engaged in transportation technology
projects that address compliance in non-attainment areas
under the Clean Air Act (42 U.S.C. 7401 et seq.);
``(4) be designed to use Federal and State funding to
attract private capital in the form of grants or investments
to carry out this section; and
``(5) ensure that at least 50 percent of the funding for
the consortium project will be provided by non-Federal
sources.
``(e) Proposals.--The Secretary shall prescribe such terms
and conditions as the Secretary determines to be appropriate
for the content and structure of proposals submitted for
assistance under this section.
``(f) Reporting Requirements.--At least once each year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the projects undertaken by the eligible consortia
and the progress made in advancing the purposes of this
section.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 1998 through 2003, to remain available
until expended.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 3 of subtitle I of title 49, United States Code, is
amended by adding at the end the following:
``310. Joint partnerships for advanced vehicles, components, and
infrastructure program.''.
SEC. 2017. CONFORMING AMENDMENTS.
(a) Sections 307, 321, and 326 of title 23, United States
Code, are repealed.
(b) The analysis for chapter 3 of title 23, United States
Code, is amended by striking the items relating to sections
307, 321, and 326.
(c) Section 115(a)(1)(A)(i) of title 23, United States
Code, is amended by striking ``or 307'' and inserting ``or
505''.
(d) Section 151(d) of title 23, United States Code, is
amended by striking ``section 307(a),'' and inserting
``section 506,''.
(e) Section 106 of Public Law 89-564 (23 U.S.C. 403 note)
is amended in the third sentence by striking ``sections 307
and 403 of title 23, United States Code,'' and inserting
``section 403 and chapter 5 of title 23, United States
Code,''.
Subtitle B--Intelligent Transportation Systems
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``Intelligent
Transportation Systems Act of 1997''.
SEC. 2102. FINDINGS.
Congress finds that--
(1) numerous studies conducted on behalf of the Department
of Transportation document that investment in intelligent
transportation systems offers substantial benefits in
relationship to costs;
(2) as a result of the investment authorized by the
Intelligent Transportation Systems Act of 1991 (23 U.S.C. 307
note; 105 Stat. 2189), progress has been made on each of the
goals set forth for the national intelligent transportation
system program in section 6052(b) of that Act; and
(3) continued investment by the Department of
Transportation is needed to complete implementation of those
goals.
SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.
Chapter 5 of title 23, United States Code (as added by
section 2005), is amended by adding at the end the following:
``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS
``Sec. 521. Purposes
``The purposes of this subchapter are--
``(1) to expedite deployment and integration of basic
intelligent transportation system services for consumers of
passenger and freight transportation across the United
States;
``(2) to encourage the use of intelligent transportation
systems to enhance international trade and domestic economic
productivity;
``(3) to encourage the use of intelligent transportation
systems to promote the achievement of national environmental
and safety goals;
``(4) to continue research, development, testing, and
evaluation activities to continually expand the state-of-the-
art in intelligent transportation systems;
``(5) to provide financial and technical assistance to
State and local governments and metropolitan planning
organizations to ensure the integration of interoperable,
intermodal, and cost-effective intelligent transportation
systems;
``(6) to foster regional cooperation, standards
implementation, and operations planning to maximize the
benefits of integrated and coordinated intelligent
transportation systems;
``(7) to promote the consideration of intelligent
transportation systems in mainstream transportation planning
and investment decisionmaking by ensuring that Federal and
State transportation officials have adequate, working
knowledge of intelligent transportation system technologies
and applications and by ensuring comprehensive funding
eligibility for the technologies and applications;
``(8) to encourage intelligent transportation system
training for, and technology transfer to, State and local
agencies;
``(9) to promote the deployment of intelligent
transportation system services in rural America so as to
achieve safety benefits, promote tourism, and improve quality
of life;
``(10) to promote the innovative use of private resources,
such as through public-private partnerships or other uses of
private sector investment, to support the development and
integration of intelligent transportation systems throughout
the United States;
``(11) to complete the Federal investment in the Commercial
Vehicle Information Systems and Networks by September 30,
2003; and
``(12) to facilitate intermodalism through deployment of
intelligent transportation systems, including intelligent
transportation system technologies for transit systems to
improve safety, efficiency, capacity, and utility for the
public.
``Sec. 522. Definitions
``In this subchapter:
``(1) Commercial vehicle information systems and
networks.--The term `Commercial Vehicle Information Systems
and Networks' means the information systems and
communications networks that support commercial vehicle
operations.
``(2) Commercial vehicle operations.--The term `commercial
vehicle operations'--
``(A) means motor carrier operations and motor vehicle
regulatory activities associated with the commercial movement
of goods, including hazardous materials, and passengers; and
``(B) with respect to the public sector, includes the
issuance of operating credentials, the administration of
motor vehicle and fuel taxes, and roadside safety and border
crossing inspection and regulatory compliance operations.
``(3) Completed standard.--The term `completed standard'
means a standard adopted and published by the appropriate
standards-setting organization through a voluntary consensus
standardmaking process.
``(4) Corridor.--The term `corridor' means any major
transportation route that includes parallel limited access
highways, major arterials, or transit lines.
``(5) Intelligent transportation system.--The term
`intelligent transportation system' means electronics,
communications, or information processing used singly or in
combination to improve the efficiency or safety of a surface
transportation system.
``(6) National architecture.--The term `national
architecture' means the common
[[Page S9292]]
framework for interoperability adopted by the Secretary that
defines--
``(A) the functions associated with intelligent
transportation system user services;
``(B) the physical entities or subsystems within which the
functions reside;
``(C) the data interfaces and information flows between
physical subsystems; and
``(D) the communications requirements associated with the
information flows.
``(7) Provisional standard.--The term `provisional
standard' means a provisional standard established by the
Secretary under section 528(c).
``(8) Standard.--The term `standard' means a document
that--
``(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions of
characteristics so as to ensure that materials, products,
processes, and services are fit for their purposes; and
``(B) may support the national architecture and promote--
``(i) the widespread use and adoption of intelligent
transportation system technology as a component of the
surface transportation systems of the United States; and
``(ii) interoperability among intelligent transportation
system technologies implemented throughout the States.
``Sec. 523. Cooperation, consultation, and analysis
``(a) Cooperation.--In carrying out this subchapter, the
Secretary shall--
``(1) foster enhanced operation and management of the
surface transportation systems of the United States;
``(2) promote the widespread deployment of intelligent
transportation systems; and
``(3) advance emerging technologies, in cooperation with
State and local governments and the private sector.
``(b) Consultation.--As appropriate, in carrying out this
subchapter, the Secretary shall--
``(1) consult with the heads of other interested Federal
departments and agencies; and
``(2) maximize the involvement of the United States private
sector, colleges and universities, and State and local
governments in all aspects of carrying out this subchapter.
``(c) Procurement Methods.--To meet the need for effective
implementation of intelligent transportation system projects,
the Secretary shall develop appropriate technical assistance
and guidance to assist State and local agencies in evaluating
and selecting appropriate methods of procurement for
intelligent transportation system projects, including
innovative and nontraditional methods of procurement.
``Sec. 524. Research, development, and training
``(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research, development, operational testing, technical
assistance and training, national architecture activities,
standards development and implementation, and other similar
activities that are necessary to carry out the purposes of
this subchapter.
``(b) Intelligent Vehicle and Intelligent Infrastructure
Programs.--
``(1) In general.--
``(A) Program.--The Secretary shall carry out a program to
conduct research, development, and engineering designed to
stimulate and advance deployment of an integrated intelligent
vehicle program and an integrated intelligent infrastructure
program, consisting of--
``(i) projects such as crash avoidance, automated highway
systems, advanced vehicle controls, and roadway safety and
efficiency systems linked to intelligent vehicles; and
``(ii) projects that improve mobility and the quality of
the environment, including projects for traffic management,
incident management, transit management, toll collection,
traveler information, and traffic control systems.
``(B) Consideration of vehicle and infrastructure
elements.--In carrying out subparagraph (A), the Secretary
may consider systems that include both vehicle and
infrastructure elements and determine the most appropriate
mix of those elements.
``(2) National architecture.--The program carried out under
paragraph (1) shall be consistent with the national
architecture.
``(3) Priorities.--In carrying out paragraph (1), the
Secretary shall give higher priority to activities that--
``(A) assist motor vehicle drivers in avoiding motor
vehicle crashes;
``(B) assist in the development of an automated highway
system; or
``(C) improve the integration of air bag technology with
other on-board safety systems.
``(4) Cost sharing.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of a research project carried
out in cooperation with a non-Federal entity under a program
carried out under paragraph (1) shall not exceed 80 percent.
``(B) Innovative or high-risk research projects.--The
Federal share of the cost of an innovative or high-risk
research project described in subparagraph (A) may, at the
discretion of the Secretary, be 100 percent.
``(5) Plan.--The Secretary shall--
``(A) not later than 1 year after the date of enactment of
this subchapter, submit to Congress a 6-year plan specifying
the goals, objectives, and milestones to be achieved by each
program carried out under paragraph (1); and
``(B) report biennially to Congress on the progress in
meeting the goals, objectives, and milestones.
``(c) Evaluation.--
``(1) Guidelines and requirements.--
``(A) In general.--The Secretary shall establish guidelines
and requirements for the independent evaluation of field and
related operational tests, and, if necessary, deployment
projects, carried out under this subchapter.
``(B) Required provisions.--The guidelines and requirements
established under subparagraph (A) shall include provisions
to ensure the objectivity and independence of the evaluator
so as to avoid any real or apparent conflict of interest or
potential influence on the outcome by parties to any such
test or deployment project or by any other formal evaluation
carried out under this subchapter.
``(2) Funding.--
``(A) Small projects.--In the case of a test or project
with a cost of less than $5,000,000, the Secretary may
allocate not more than 15 percent of the funds made available
to carry out the test or project for an evaluation of the
test or project.
``(B) Moderate projects.--In the case of a test or project
with a cost of $5,000,000 or more, but less than $10,000,000,
the Secretary may allocate not more than 10 percent of the
funds made available to carry out the test or project for an
evaluation of the test or project.
``(C) Large projects.--In the case of a test or project
with a cost of $10,000,000 or more, the Secretary may
allocate not more than 5 percent of the funds made available
to carry out the test or project for an evaluation of the
test or project.
``(3) Inapplicability of paperwork reduction act.--Any
survey, questionnaire, or interview that the Secretary
considers necessary to carry out the evaluation of any test
or program assessment activity under this subchapter shall
not be subject to chapter 35 of title 44.
``(d) Information Clearinghouse.--
``(1) In general.--The Secretary shall--
``(A) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this subchapter; and
``(B) on request, make that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
``(2) Delegation of authority.--
``(A) In general.--The Secretary may delegate the
responsibility of the Secretary under this subsection, with
continuing oversight by the Secretary, to an appropriate
entity not within the Department of Transportation.
``(B) Federal assistance.--If the Secretary delegates the
responsibility, the entity to which the responsibility is
delegated shall be eligible for Federal assistance under this
section.
``(e) Traffic Incident Management and Response.--The
Secretary shall carry out a program to advance traffic
incident management and response technologies, strategies,
and partnerships that are fully integrated with intelligent
transportation systems.
``(f) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $120,000,000 for fiscal year 1998,
$125,000,000 for fiscal year 1999, $130,000,000 for fiscal
year 2000, $135,000,000 for fiscal year 2001, $140,000,000
for fiscal year 2002, and $150,000,000 for fiscal year 2003,
of which, for each fiscal year--
``(A) not less than $25,000,000 shall be available for
activities that assist motor vehicle drivers in avoiding
motor vehicle crashes, including activities that improve the
integration of air bag technology with other on-board safety
systems;
``(B) not less than $25,000,000 shall be available for
activities that assist in the development of an automated
highway system; and
``(C) not less than $3,000,000 shall be available for
traffic incident management and response.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1.
``Sec. 525. Intelligent transportation system integration
program
``(a) In General.--The Secretary shall conduct a
comprehensive program (referred to in this section as the
`program') to accelerate the integration and interoperability
of intelligent transportation systems.
``(b) Selection of Projects.--
``(1) In general.--Under the program, the Secretary shall
select for funding, through competitive solicitation,
projects that will serve as models to improve transportation
efficiency, promote safety, increase traffic flow, reduce
emissions of air pollutants, improve traveler information, or
enhance alternative transportation modes.
``(2) Priorities.--Under the program, the Secretary shall
give higher priority to funding projects that--
``(A) promote and foster integration strategies and written
agreements among local governments, States, and other
regional entities;
``(B) build on existing (as of the date of project
selection) intelligent transportation system projects;
``(C) deploy integrated intelligent transportation system
projects throughout metropolitan areas;
[[Page S9293]]
``(D) deploy integrated intelligent transportation system
projects that enhance safe freight movement or coordinate
intermodal travel, including intermodal travel at ports of
entry into the United States; and
``(E) advance intelligent transportation system deployment
projects that are consistent with the national architecture
and, as appropriate, comply with required standards as
described in section 528.
``(c) Private Sector Involvement.--In carrying out the
program, the Secretary shall encourage private sector
involvement and financial commitment, to the maximum extent
practicable, through innovative financial arrangements,
especially public-private partnerships.
``(d) Financing and Operations Plans.--As a condition of
receipt of funds under the program, a recipient participating
in a project shall submit to the Secretary a multiyear
financing and operations plan that describes how the project
can be cost-effectively operated and maintained.
``(e) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $100,000,000 for fiscal year 1998,
$110,000,000 for fiscal year 1999, $115,000,000 for fiscal
year 2000, $130,000,000 for fiscal year 2001, $135,000,000
for fiscal year 2002, and $145,000,000 for fiscal year 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that, in the case of a project funded under paragraph
(1)--
``(A) the Federal share of the cost of the project payable
from funds made available under paragraph (1) shall not
exceed 50 percent; and
``(B) the total Federal share of the cost of the project
payable from all eligible sources (including paragraph (1))
shall not exceed 80 percent.
``Sec. 526. Integration program for rural areas
``(a) In General.--The Secretary shall conduct a
comprehensive program (referred to in this section as the
`program') to accelerate the integration or deployment of
intelligent transportation systems in rural areas.
``(b) Selection of Projects.--Under the program, the
Secretary shall--
``(1) select projects through competitive solicitation; and
``(2) give higher priority to funding projects that--
``(A) promote and foster integration strategies and
agreements among local governments, States, and other
regional entities;
``(B) deploy integrated intelligent transportation system
projects that improve mobility, enhance the safety of the
movement of passenger vehicles and freight, or promote
tourism; or
``(C) advance intelligent transportation system deployment
projects that are consistent with the national architecture
and comply with required standards as described in section
528.
``(c) Private Sector Involvement.--In carrying out the
program, the Secretary shall encourage private sector
involvement and financial commitment, to the maximum extent
practicable, through innovative financial arrangements,
especially public-private partnerships.
``(d) Financing and Operations Plans.--As a condition of
receipt of funds under the program, a recipient participating
in a project shall submit to the Secretary a multiyear
financing and operations plan that describes how the project
can be cost-effectively operated and maintained
``(e) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $10,000,000 for fiscal year 1998,
$10,000,000 for fiscal year 1999, $15,000,000 for fiscal year
2000, $15,000,000 for fiscal year 2001, $20,000,000 for
fiscal year 2002, and $20,000,000 for fiscal year 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that, in the case of a project funded under paragraph
(1)--
``(A) the Federal share of the cost of the project payable
from funds made available under paragraph (1) shall not
exceed 50 percent; and
``(B) the total Federal share of the cost of the project
payable from all eligible sources (including paragraph (1))
shall not exceed 80 percent.
``Sec. 527. Commercial vehicle intelligent transportation
system infrastructure
``(a) In General.--The Secretary shall carry out a
comprehensive program--
``(1) to deploy intelligent transportation systems that
will promote the safety and productivity of commercial
vehicles and drivers; and
``(2) to reduce costs associated with commercial vehicle
operations and State and Federal commercial vehicle
regulatory requirements.
``(b) Elements of Program.--
``(1) Safety information systems and networks.--
``(A) In general.--The program shall advance the
technological capability and promote the deployment of
commercial vehicle, commercial driver, and carrier-specific
safety information systems and networks and other intelligent
transportation system technologies used to assist States in
identifying high-risk commercial operations and in conducting
other innovative safety strategies, including the Commercial
Vehicle Information Systems and Networks.
``(B) Focus of projects.--Projects assisted under the
program shall focus on--
``(i) identifying and eliminating unsafe and illegal
carriers, vehicles, and drivers in a manner that does not
unduly hinder the productivity and efficiency of safe and
legal commercial operations;
``(ii) enhancing the safe passage of commercial vehicles
across the United States and across international borders;
``(iii) reducing the numbers of violations of out-of-
service orders; and
``(iv) complying with directives to address other safety
violations.
``(2) Monitoring systems.--The program shall advance on-
board driver and vehicle safety monitoring systems, including
fitness-for-duty, brake, and other operational monitoring
technologies, that will facilitate commercial vehicle safety,
including inspection by motor carrier safety assistance
program officers and employees under chapter 311 of title 49.
``(c) Use of Federal Funds.--
``(1) In general.--Federal funds used to carry out the
program shall be primarily used to improve--
``(A) commercial vehicle safety and the effectiveness and
efficiency of enforcement efforts conducted under the motor
carrier safety assistance program under chapter 311 of title
49;
``(B) electronic processing of registration, driver
licensing, fuel tax, and other safety information; and
``(C) communication of the information described in
subparagraph (B) to other States.
``(2) Leveraging.--Federal funds used to carry out the
program shall, to the maximum extent practicable--
``(A) be leveraged with non-Federal funds; and
``(B) be used for activities not carried out through the
use of private funds.
``(d) Federal Share.--The Federal share of the cost of a
project assisted under the program shall be not more than 80
percent.
``(e) Authorization of Contract Authority.--
``(1) In general.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $25,000,000 for fiscal year 1998,
$25,000,000 for fiscal year 1999, $25,000,000 for fiscal year
2000, $35,000,000 for fiscal year 2001, $35,000,000 for
fiscal year 2002, and $40,000,000 for fiscal year 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that, in the case of a project funded under paragraph
(1)--
``(A) the Federal share of the cost of the project payable
from funds made available under paragraph (1) shall not
exceed 50 percent; and
``(B) the total Federal share of the cost of the project
payable from all eligible sources (including paragraph (1))
shall not exceed 80 percent.
``Sec. 528. Standards
``(a) In General.--
``(1) Development, implementation, and maintenance.--The
Secretary shall develop, implement, and maintain a national
architecture and supporting standards to promote the
widespread use and evaluation of intelligent transportation
system technology as a component of the surface
transportation systems of the United States.
``(2) Interoperability and efficiency.--To the maximum
extent practicable, the standards shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
States.
``(3) Use of standards-setting organizations.--In carrying
out this section, the Secretary may use the services of such
standards-setting organizations as the Secretary determines
appropriate.
``(b) Report.--
``(1) In general.--Not later than January 1, 1999, the
Secretary shall submit a report describing the status of all
standards.
``(2) Contents.--The report shall--
``(A) identify each standard that is needed for operation
of intelligent transportation systems in the United States;
``(B) specify the status of the development of each
standard;
``(C) provide a timetable for achieving agreement on each
standard as described in this section; and
``(D) determine which standards are critical to ensuring
national interoperability or critical to the development of
other standards.
``(c) Establishment of Provisional Standards.--
``(1) Establishment.--Subject to subsection (d), if a
standard determined to be critical under subsection (b)(2)(D)
is not adopted and published by the appropriate standards-
setting organization by January 1, 2001, the Secretary shall
establish a provisional standard after consultation with
affected parties.
``(2) Period of effectiveness.--The provisional standard
shall--
``(A) be published in the Federal Register;
``(B) take effect not later than May 1, 2001; and
[[Page S9294]]
``(C) remain in effect until the appropriate standards-
setting organization adopts and publishes a standard.
``(d) Waiver of Requirement To Establish Provisional
Standards.--
``(1) Notice.--The Secretary may waive the requirement to
establish a provisional standard by submitting, not later
than January 1, 2001, to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, a notice that--
``(A) specifies the provisional standard subject to the
waiver;
``(B) describes the history of the development of the
standard subject to the waiver;
``(C) specifies the reasons why the requirement for the
establishment of the provisional standard is being waived;
``(D) describes the impacts of delaying the establishment
of the standard subject to the waiver, especially the impacts
on the purposes of this subchapter; and
``(E) provides specific estimates as to when the standard
subject to the waiver is expected to be adopted and published
by the appropriate standards-setting organization.
``(2) Progress reports.--
``(A) In general.--In the case of each standard subject to
a waiver by the Secretary under paragraph (1), the Secretary
shall submit, in accordance with the schedule specified in
subparagraph (B), a report to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the progress of the adoption of a
completed standard.
``(B) Schedule of reports.--The Secretary shall submit a
report under subparagraph (A) with respect to a standard--
``(i) not later than 180 days after the date of submission
of the notice under paragraph (1) with respect to the
standard; and
``(ii) at the end of each 180-day period thereafter until
such time as a standard has been adopted and published by the
appropriate standards-setting organization or the waiver is
withdrawn under paragraph (3).
``(C) Consultation.--In developing each progress report
under subparagraph (A), the Secretary shall consult with the
standards-setting organizations involved in the
standardmaking process for the standard.
``(3) Withdrawal of waiver.--
``(A) In general.--At any time, the Secretary may, through
notification to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, withdraw a
notice of a waiver of the requirement to establish a
provisional standard.
``(B) Implementation.--If the Secretary submits
notification under subparagraph (A) with respect to a
provisional standard, not less than 30 days, but not more
than 90 days, after the date of the notification, the
Secretary shall implement the provisional standard, unless,
by the end of the 90-day period beginning on the date of the
notification, a standard has been adopted and published by
the appropriate standards-setting organization.
``(e) Requirement for Compliance With Standard.--
``(1) In general.--
``(A) Standard in existence.--Funds made available from the
Highway Trust Fund shall not be used to deploy an intelligent
transportation system technology if the technology does not
comply with each applicable provisional standard or completed
standard.
``(B) No standard in existence.--In the absence of a
provisional standard or completed standard, Federal funds
shall not be used to deploy an intelligent transportation
system technology if the deployment is not consistent with
the interfaces to ensure interoperability that are contained
in the national architecture.
``(2) Applicability.--Paragraph (1) shall not apply to--
``(A) the operation or maintenance of an intelligent
transportation system in existence on the date of enactment
of this subchapter; or
``(B) the upgrade or expansion of an intelligent
transportation system in existence on the date of enactment
of this subchapter if the Secretary determines that the
upgrade or expansion--
``(i) does not adversely affect the purposes of this
subchapter, especially the goal of national or regional
interoperability;
``(ii) is carried out before the end of the useful life of
the system; and
``(iii) is cost effective as compared to alternatives that
meet the compliance requirement of paragraph (1)(A) or the
consistency requirement of paragraph (1)(B).
``(f) Spectrum.--
``(1) Consultation.--The Secretary shall consult with the
Secretary of Commerce, the Secretary of Defense, and the
Chairman of the Federal Communications Commission to
determine the best means for securing the necessary spectrum
for the near-term establishment of a dedicated short-range
vehicle-to-wayside wireless standard and any other spectrum
that the Secretary determines to be critical to the
implementation of this title.
``(2) Progress report.--After consultation under paragraph
(1) and with other affected agencies, but not later than 1
year after the date of enactment of this subchapter, the
Secretary shall submit a report to Congress on the progress
made in securing the spectrum described in paragraph (1).
``(3) Deadline for securing spectrum.--Notwithstanding any
other provision of law, not later than 2 years after the date
of enactment of this subchapter, the Secretary of Commerce
shall release to the Federal Communications Commission, and
the Federal Communications Commission shall allocate, the
spectrum described in paragraph (1).
``(g) Funding.--The Secretary shall use funds made
available under section 524 to carry out this section.
``Sec. 529. Funding limitations
``(a) Consistency With National Architecture.--The
Secretary shall use funds made available under this
subchapter to deploy intelligent transportation system
technologies that are consistent with the national
architecture.
``(b) Competition With Privately Funded Projects.--To the
maximum extent practicable, the Secretary shall not fund any
intelligent transportation system operational test or
deployment project that competes with a similar privately
funded project.
``(c) Infrastructure Development.--Funds made available
under this subchapter for operational tests and deployment
projects--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
``(2) to the maximum extent practicable, shall not be used
for the construction of physical highway and transit
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.
``(d) Public Relations and Training.--For each fiscal year,
not more than $15,000,000 of the funds made available under
this subchapter shall be used for intelligent transportation
system outreach, public relations, training, mainstreaming,
shareholder relations, or related activities.
``Sec. 530. Advisory committees
``(a) In General.--In carrying out this subchapter, the
Secretary shall use 1 or more advisory committees.
``(b) Applicability of Federal Advisory Committee Act.--Any
advisory committee so used shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).''.
SEC. 2104. CONFORMING AMENDMENT.
The Intermodal Surface Transportation Efficiency Act of
1991 is amended by striking part B of title VI (23 U.S.C. 307
note; 105 Stat. 2189).
Subtitle C--Funding
SEC. 2201. FUNDING.
Chapter 5 of title 23, United States Code (as amended by
section 2103), is amended by adding at the end the following:
``SUBCHAPTER III--FUNDING
``Sec. 541. Funding
``(a) Research, Technology, and Training.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) to carry out sections 502, 507, 509, and 511
$98,000,000 for fiscal year 1998, $101,000,000 for fiscal
year 1999, $104,000,000 for fiscal year 2000, $107,000,000
for fiscal year 2001, $110,000,000 for fiscal year 2002, and
$114,000,000 for fiscal year 2003.
``(b) Contract Authority.--Funds authorized under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1, except
that--
``(1) any Federal share of the cost of an activity under
this chapter shall be determined in accordance with this
chapter; and
``(2) the funds shall remain available for obligation for a
period of 4 years after the last day of the fiscal year for
which the funds are authorized.
``(c) Limitations on Obligations.--Notwithstanding any
other provision of law, the total amount of all obligations
under subsection (a) shall not exceed--
``(1) $98,000,000 for fiscal year 1998;
``(2) $101,000,000 for fiscal year 1999;
``(3) $104,000,000 for fiscal year 2000;
``(4) $107,000,000 for fiscal year 2001;
``(5) $110,000,000 for fiscal year 2002; and
``(6) $114,000,000 for fiscal year 2003.''.
Mr. CHAFEE. Mr. President, I rise today as a cosponsor of the
Intermodal Transportation Act of 1997, a comprehensive, 6-year measure
to reauthorize the Nation's Federal aid-highway, highway safety, and
other surface transportation programs. I am particularly pleased to be
doing so with 10 of my colleagues from the Environment and Public Works
Committee, Senator Warner and Senator Baucus, Senators Bond, Thomas,
Kempthorne, Reid, Graham, Smith, Allard, Inhofe; as well as Senators
Dorgan, Harkin, and Grassley. As you can tell from the list of names I
just read, this bill truly represents a consensus effort, with
cosponsors from all regions of the country and from both sides of the
aisle.
This legislation is the product of well over a year of hard work and
careful negotiation. Some say that it has taken a long time to get to
this point, but we had three very different proposals--all
commendable--to coalesce into one unified plan that we can rally
around. We also could not put together a serious proposal before we
knew the amount of money we had for transportation under the budget
agreement.
The result of these efforts, the Intermodal Transportation Act of
1997
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[ITA], provides $145 billion over the next 6 years to keep our Nation's
transportation system up and running. This bill preserves and builds
upon the laudable goals of ISTEA--intermodalism and efficiency. More
important, it does so in a manner that: First, stays within a balanced
budget; second, enhances highway and driver safety; and finally,
protects the environment.
First, I want to stress that the Intermodal Transportation Act is
fiscally responsible and fiscally innovative. In my view, the most
important aspect of this bill is that it works within the context of a
balanced budget. This is essential. On America's highways, you get to
where you are going by staying within the lines and playing by the
rules. That should be our guide when it comes to the budget as well.
To maximize limited Federal funds, strategic investment in
transportation is critical. Forty years ago, it made sense for the
Nation to build an interstate highway system. Today, however, we must
be more creative. Simply building more roads and highways is no longer
a workable solution. We must carefully plan and allocate our limited
resources.
The bill before us includes a number of innovative ways to finance
our formidable transportation needs. It establishes a federal credit
assistance program for surface transportation. The provision is
identical to S. 986, the Transportation Infrastructure Finance and
Innovation Act, which I introduced in the Senate earlier this year.
This new program leverages limited Federal funds by allowing up to a
$10 billion Federal line-of-credit for transportation projects, at a
cost to the Federal budget of just over $500 million. The bill also
provides tools, such as the State Infrastructure Bank Program, to
enable States to make the most of their transportation dollars.
Second, this legislation substantially increases the Federal
commitment to safety. I am very concerned about the safety of our
Nation's highways, and I am particularly alarmed by the escalating
incidence of highway motor vehicle injuries and fatalities. In the
United States alone, there are more than 40,000 fatalities and 3.5
million automobile crashes every year. Between 1992 and 1995, the
average highway fatality rate increased by more than 2,000 lives, while
the annual injury rate increased by over 380,000. We must work
vigorously to reverse this trend, and this bill will help us do so. The
funds set-aside for safety programs such as hazard elimination and
railway-highway crossings under this bill totals $690 million dollars
per year, almost a 55-percent increase over the current level.
Often, it is a safety belt that can make the difference between
saving a life and becoming another tragic statistic. The bill
establishes a new State safety belt incentive program, rewarding those
States that increase their seat belt use rate or take other measures to
promote seat belt use. It provides an average of $83 million per year
from the highway trust fund to pay for the new incentives program.
The ITA establishes a new program that, through economic sanctions,
encourages States to enact laws and minimum penalties for repeat drunk
driving offenders. The bill also establishes a new border
infrastructure and safety program to address safety concerns that have
resulted from NAFTA, such as deteriorating roads and bridges in our
border States. I can assure you that safety is an uncompromising
priority of the legislation before us.
Third, the Intermodal Transportation Act upholds ISTEA's strong
commitment to preserving and protecting our environment. As valuable as
transportation is to our society through the movement of goods and
people, it takes a heavy toll on the Nation's air, land, and water. The
costs of air pollution that can be attributed to cars and trucks range
from $30 to $200 billion per year. Passenger cars alone account for
almost 30 percent of the Nation's total oil consumption.
ISTEA provided States and localities with tools to cope with the
growing demands on our transportation system and the corresponding
strain on our environment. I am proud that the bill before us increases
funding for ISTEA's key programs to offset transportation's impact on
the environment.
The bill before us provides an average of $1.18 billion per year over
the next 6 years for the CMAQ, or Congestion Mitigation and Air Quality
Improvement, Program. That's an 18-percent increase over the current
funding levels for transit improvements, shared ride services, and
bicycle and pedestrian facilities, to help fight air pollution.
Highway construction can be a destructive impact on a community and
its surrounding environment. To redress some of the damage highways
have done in the past, the bill increases funding for enhancement
activities to $552 million per year, a 24-percent increase over the
current law. Enhancement money can be used for a variety of projects,
such as billboard removal, historic preservation, and the Rails-to-
Trails Program.
We must recognize that caring for our precious natural heritage and
expanding transportation infrastructure can go hand in hand. The bill
establishes a new wetlands restoration pilot program. The purpose of
the program is to fund projects to offset the loss or degradation of
wetlands resulting from Federal-aid transportation projects. It also
establishes a new pilot program to integrate transportation,
development and the environment, and to preserve communities.
When it was enacted in 1991, ISTEA expanded the focus of national
policy, transforming what was once simply a highway program into a
surface transportation program, dedicated to the mobility of passengers
and goods. And it recognized, for the first time, that the individual
transportation modes function best as a cohesive and interrelated
system.
Admittedly, the transition from old policies and practices to those
embodied in ISTEA has not always been easy. The two complaints we have
heard time and again from the States are that ISTEA's program structure
is too complicated and its formulas are not fair. The bill before us
will carry forward ISTEA's strengths but it also will correct ISTEA's
weaknesses, and provide a responsive transportation program to take us
into the next century.
The Intermodal Transportation Act addresses the concerns of the
States by making the program easier to understand and by providing real
flexibility to States and localities. It reduces the number of ISTEA
program categories from 5 to 3, and it includes more than 20
improvements to reduce the redtape involved in carrying out
transportation projects. The bill also expands the eligibility of NHS
and surface transportation funds to passenger rail, such as AMTRAK, and
intelligent transportation systems.
Moreover, the Intermodal Transportation Act significantly reforms the
ISTEA funding formulas to balance the diverse needs of the various
regions of the Nation. It guarantees 90 cents back for every dollar a
State contributes to the highway trust fund. Fortynine of the fifty
States share in the growth of the overall program. The bill also
recognizes the diversity and uniqueness of the country and all of its
transportation needs.
By making the surface transportation program more responsive to all
regions of the country, this bill will ensure that the laudable goals
of the original ISTEA--intermodalism and efficiency--are upheld.
Finding the right solutions to address all of our needs requires
strategic and comprehensive approaches to transportation policy.
Before I conclude, I want to give a special thanks to Senators Warner
and Baucus for their hard work and determination in developing this
legislation. It has not been easy, and we still have a long way to go.
But I look forward to working with the other members of the Environment
and Public Works Committee and all Members of the Senate, as well as
the House leadership, to enact a bill this year that will take the
Nation's transportation system into the 21st century.
Mr. BAUCUS. Mr. President, let me start by thanking the chairman of
the committee and the chairman of the subcommittee for their fine work
on this bill. Their efforts have produced a bill that will build upon
and improve the current transportation bill, ISTEA.
The bill we will introduce shortly is a good bill. It is a balanced
bill. It is a national bill. And while it may not be everyone's idea of
the perfect bill, it is a solid start for the Senate debate.
[[Page S9296]]
When we began developing the legislation, I had three principal
goals. I am pleased that this bill meets all three:
First, the bill is fair to all regions of the country. It recognizes
the diverse transportation needs of all regions of this country--
Western States, Southern States and Northeastern States. And it
includes programs and funding to meet those needs.
Second, the bill streamlines today's complex transportation programs
while still retaining the integrity of ISTEA.
We have consolidated funding categories--yet maintained funding
requirements for all portions of the transportation system, including
interstate highways and our bridges.
Third, the bill gives State and local officials back home greater
flexibility to deliver transportation services efficiently.
I also am pleased that the bill retains an emphasis on the National
Highway System, which includes the Interstate System. These are the
most important roads and bridges in the country and they deserve the
priority this bill gives them.
Finally, we have retained important programs on air quality and
enhancements.
The chairman rightly points out that the bill does not bust the
budget. Under the bill, spending for transportation will increase
substantially over the next 6 years. Yet it is consistent with the
budget resolution.
But as I have said before, I believe those levels are too low. They
simply cannot meet today's very real transportation needs. So as we
move forward in the Senate, I hope we can identify ways to attain a
more appropriate level of funding.
In conclusion, this bill will keep our economy growing, while it
improves the safety of our roads and bridges, and protects our
environment.
I look forward to moving this bill through the Senate and I again
thank my colleagues for their hard work on this measure.
Mr. GRAHAM. Mr. President, I am very pleased to be able to join my
good friend and colleagues, Senator Baucus and Senator Warner, in
discussing the legislation that was introduced or will be introduced
today, and was presented yesterday, the Intermodal Transportation Act.
Mr. President, I will discuss some of the substantive provisions of
this which have caused me to give it enthusiastic support, but I would
like to comment in a preliminary manner about the way in which this
legislation was developed.
In a sense, this legislation has been in the course of development
since we adopted the current Highway Transportation Act in 1991. It has
been a course of development both by those who had high expectations
and those such as myself who had apprehensions about the 1991 enactment
and have been monitoring it closely to see what lessons we might learn
from that experience to apply to now the next 6-year reauthorization of
this important national legislation.
This close scrutiny has particularly drawn the attention of those who
have responsibility for the management of our highway systems at the
State and local level, and it is appropriate that it should have that
close scrutiny. Most of the responsibility for the construction, the
management, the operation of our highway and bridge system is at the
State and local level. Those officials represent a unique source of
insight and wisdom as to what our national policy should be, and those
resources of wisdom and insight have been applied in the development of
the legislation that today is being introduced.
I will also comment about the bipartisan spirit in which this has
been developed. Senator Warner spoke about the many months in which we
worked together in attempting to develop some principles that would be
sound for America and would represent a fair and balanced program for
each of the States of America. The fact that we are at the point of
introducing this legislation, with almost every region of the country,
almost every difference in the country from States that are mature,
States that are rapidly growing, States that have peculiar climactic
considerations that impact their highway system, large States, small
States, States from every corner of the geography of America, Members
of the U.S. Senate representing those States have now come together
behind this legislation. That is in the best spirit of a democracy,
seeking consensus behind a plan which will then have the confidence and
support of the American people.
I want to particularly commend Senator Warner, Senator Baucus, and
Senator Chafee for their leadership on the Environment and Public Works
Committee for taking all the principle, ideas, and suggestions and now
putting them in the form of this legislation with strong bipartisan
support.
Let me talk briefly, Mr. President, about some of the reasons I am
supporting this legislation. First, I am doing it as a strong supporter
of a balanced budget. It would be easy to have a highway bill which
would satisfy everyone's needs if there was an unlimited amount of
money to be spent in that area of national responsibility. The fact is,
there is not an unlimited amount of money to be spent in that area or
in any other of our national responsibilities. We have committed
ourselves to a policy of fiscal prudence, and to balance the Nation's
budget by the year 2002. It would be the height of irresponsibility,
within less than 2 months of having congratulated ourselves on having
passed a balanced budget agreement, to then bust that agreement by
presenting a highway bill which was substantially beyond the limits
that had been prescribed in the balanced budget as our Nation's
allocation for highway and bridge construction. I am pleased that this
legislation complies with the balanced budget agreement.
Second, I am pleased that this legislation will bring fundamental
fairness and integrity to the allocation of our national resources for
surface transportation among the 50 States and among the communities of
America.
We have had a system in the past which has utilized a number of
factors that were increasingly irrelevant and frequently outdated in
terms of their ability to determine relative need among the States in
terms of highway and bridge construction. As an example, the current
legislation that we are using in 1997 has the factor of census--where
are the American people--and one of the considerations as to where the
American people's transportation dollars should be allocated among the
50 States in order to best meet national needs.
The difficulty is that the census that is used in that formula is the
1980 census, 17 years out of date. For a rapidly growing State like
mine, that is a punishing provision. For some States, where the
population has been stable or even declining over that 17-year period,
it creates an unwarranted bonus.
One of the principles of this bill in terms of fairness is that a key
central indicator of highway need is the amount of highway transactions
collected within that State for Federal purposes. All motorists across
this land pay the same number of pennies per gallon of motor fuel
purchased for Federal highway purposes. Therefore, there is a
relationship between how much individual States collect for that
Federal highway motor fuel tax and what the relative demand on the
system is. People buy gasoline and other motor fuels because they will
drive their vehicles. They tend to drive the vehicles relatively close
to the point of purchase of that motor fuel. So, assessing how much tax
is collected is a very strong indicator of where the need for the
transportation services resides.
So this bill essentially says that 90 cents of every dollar will be
returned to the State at the point of collection. If a particular State
collects $100 million a year of Federal motor fuel tax, it can be
assured it will get back at least $90 million to meet the needs that
were generated by those persons who purchased their motor fuel and paid
that Federal tax. This is a very significant departure from our
previous surface transportation acts.
To put this in the context of my State of Florida, a large, fast-
growing State, since 1991 we have averaged receiving not 90 cents, but
less than 78 cents per year of our Federal motor fuels tax. That has
resulted in an average per year return to our State of $768 million.
When this legislation goes into effect for the next 6 years at a
somewhat higher annual level of return, because as the country grows
and as the economy expands more motor fuel is purchased, therefore,
more taxes are
[[Page S9297]]
paid, but primarily because we will be moving from 78 cents to 90 cents
of every dollar returned, our State is projected for the next 6 years
to receive an average of $1 billion a year in Federal highway funds.
That will allow my fast-growing State and its 15 million residents to
be able to much better meet the needs of maintaining the system that is
in existence and expanding the system in order to meet the demands of a
growing population and an expanding economy.
Third, Mr. President, this legislation balances national needs and
State and local needs. Some would argue, and I think with considerable
persuasion, that what we ought to do is to have the National Government
substantially back away from a Federal highway program, repeal
substantial amounts of the Federal motor fuel tax and let the States
make a determination as to whether they want to pick up that tax and
levy it now as a State tax and use those funds directly for State
purposes.
Frankly, moving toward the 90 cents on the dollar program to assure
fundamental fairness is a major step toward that type of a turnback
philosophy. But this legislation continues to recognize that there is
an important national role in transportation. If I want to drive my car
from Miami Lakes, FL, to the home State of our Presiding Officer, I
have to drive through many States. It is, therefore, important to me
that each one of those States has a safe and efficient highway system
to allow me to achieve my destination of mobility from one part of
America to another. That is a national need for which we all have an
interest and a responsibility. I believe that this legislation balances
those two desires to place as much responsibility and freedom of action
and determination of priorities at the State and local level out of a
belief that it is there that there is the best ability to assess what
the real needs are, while still maintaining a sufficient national role
to assure that we have national mobility across this great continent. I
believe that the legislation that we introduce today strikes that
appropriate balance.
A fourth aspect of this legislation is simplification and
streamlining. As Senator Warner discussed, this legislation will reduce
the number of categories in which the Federal Government provides
highway and bridge funds to the States and local communities. It will
make it easier for the public, easier for people in our communities and
States, easier for us here in the Congress to understand the system,
because it will be more simplified. We will get greater efficiency out
of the funds derived. There should be lessened administrative costs
because there will be fewer programs to maintain and monitor.
Increasing the ability of people in our communities and in our States
to make their transportation decisions should be and is a key priority
of this legislation.
Mr. President, I close by discussing a final point, which is a point
at which I suggest that we need to be totally candid with the American
people. I voted against ISTEA in 1991 and stated that one of my reasons
for voting against it was the fact that in all probability, at the end
of the 6-year period of that legislation, our roads and bridges would
be in worse shape than they were in 1991. I am sad to report that the
U.S. Department of Transportation has issued reports which indicate
that my prophecy was correct, that we had lower levels of maintenance
on our highways, we have more bridges in need of serious repair, we
have not maintained sufficient capacity in order to meet the needs of a
growing economy and a growing American population.
I regret to say that I am afraid the same prophecy can be made about
the legislation that we are about to pass, and that is a serious
commentary. It speaks to the level of our commitment to transportation
as an important national priority. Transportation is not being singled
out. We are doing an inadequate job in almost every area of our
Nation's infrastructure. One of those areas in which I am particularly
concerned is educational infrastructure. All over the country we see
older schools crumbling because of lack of adequate maintenance and
repair and rehabilitation. All over the country, we see children going
to classrooms that don't have the kind of access to modern technology
that an education at the end of the 20th century requires. We see
students in portables and inappropriate educational facilities because
there have not been the resources to keep pace with building the new
classrooms that the expanding student populations require. So what we
are encountering in our transportation system is replicated in our
education system, also in water and sewer and other basic community
health services. I hope that, as part of this debate on transportation
in 1997, we will use this as a means of stimulating a national
awareness to the fact that we have a much greater job to do in terms of
building the basic systems upon which our people, our society, our free
enterprise economic system depend.
Having said that, there is a glimmer of hope in this legislation
relative to the total adequacy of funds for transportation. While
recognizing that the traditional means of funding transportation--so
much money from the National Government through a Federal program,
supplemented by additional funds from State or local sources--while
those traditional sources are not likely to be adequate in order to
maintain our current system and meet the needs for expansion, this
legislation does call for some new opportunities for creativity and
innovation and encouraging nontraditional funding to come into
transportation--particularly, funding from the private sector.
We started several years ago with a plan that encouraged States to
set up State banks to engage in various forms of innovative financing--
public-private partnerships, encouragement to early acquisition of
highway corridors in order to lower the cost of right-of-way
acquisition--a whole series of innovative ideas at the State level,
with Federal support, in order to stretch our available dollars further
so that we have a better chance of meeting the total demands that would
be made upon transportation as one important part of our infrastructure
obligations.
This legislation builds on those past provisions. It expands the
States' ability to set up those State-based infrastructure banks. It
also will create a new Federal innovative financing program to work
with the States where they have projects that will benefit by these
kinds of new means of financing transportation and involving the
private sector. I think that is going to be an absolute key if we are
going to meet our obligation to future generations in terms of
maintaining a transportation system that will give us the economic
capabilities to sustain our global position as well as provide the
mobility that the American people require for their own day-to-day life
experiences.
So, Mr. President, I am enthusiastic about the legislation that we
are introducing today. I believe it represents a significant step
forward in terms of accepting our national responsibility and doing it
in a fair and balanced manner. I applaud those who have joined in this
effort and look forward to this Senate passing this legislation at the
earliest possible date so that before we recess for 1997, we can say as
one of our accomplishments for this year that we have passed a
significant national transportation policy and have that policy in
place for the next 6 years, and we can get on with the business of
benefiting by that new policy.
____________________