[Congressional Record Volume 143, Number 144 (Thursday, October 23, 1997)]
[Senate]
[Pages S11044-S11160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

               THE INTERMODAL TRANSPORTATION ACT OF 1997

                                 ______
                                 

                     HUTCHINSON AMENDMENT NO. 1398

  (Ordered to lie on the table.)
  Mr. HUTCHINSON submitted an amendment intended to be proposed by him 
to the bill (S. 1173) to authorize funds for construction of highways, 
for highway safety programs, and for mass transit programs, and for 
other purposes; as follows:

       Beginning on page 91, strike line 21 and all that follows 
     through page 103, line 10, and insert the following:

     SEC. 1116. INTERNATIONAL TRADE CORRIDOR AND BORDER CROSSING 
                   PLANNING AND DEVELOPMENT PROGRAM.

       (a) Definitions.--In this section:
       (1) 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.
       (2) 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.
       (3) 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.
       (4) Gateway.--The term ``gateway'' means a grouping of 
     border stations defined by proximity and similarity of trade.
       (5) International trade corridor.--
       (A) In general.--The term ``international trade corridor'' 
     means a north-south corridor identified by the Secretary 
     that--
       (i) is of international trade significance and provides 
     national economic benefits;
       (ii) connects Mexico, the United States, and Canada;
       (iii) provides intermodal connections;
       (iv) accounts for a high percentage of truck-borne 
     commodities moving interstate and internationally;
       (v) directly benefits impoverished areas; and
       (vi) connects military installations.
       (B) Discretion.--To maintain flexibility and permit a 
     targeted national approach, the Secretary may exercise 
     discretion in the application of the criteria under 
     subparagraph (A).
       (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 Grants.--
       (1) In general.--The Secretary shall make 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 pay the 
     costs of feasibility studies, planning, location and routing 
     studies, preliminary engineering and design, environmental 
     reviews, final engineering, acquisition of rights-of-way, and 
     construction as a supplement to funding made available under 
     other provisions of this Act and under title 23, United 
     States Code.
       (3) Condition of grants.--As a condition of receiving a 
     grant under paragraph (1), a State transportation department 
     or a metropolitan planning organization shall certify to the 
     Secretary that it commits to be engaged in joint planning 
     with its counterpart agency in Mexico or Canada.
       (4) 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) International Trade Corridor Grants.--
       (1) Grants.--
       (A) In general.--The Secretary shall make grants to States 
     to encourage cooperative multistate corridor analysis of, and 
     planning for, the safe and efficient movement of goods along 
     and within international trade corridors or interstate trade 
     corridors of national importance and to pay the costs of 
     feasibility studies, planning, location and routing studies, 
     preliminary engineering and design, environmental reviews, 
     final engineering, acquisition of rights-of-way, and 
     construction.
       (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

[[Page S11045]]

     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;
       (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.
       (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.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsections (b), (c), and (d) 
     $125,000,000 for each of fiscal years 1998 through 2003.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 1399

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       At the end add the following:

     SEC. ____. GRANT-BACKED TRANSPORTATION FINANCE.

       (a) Short Title.--This section may be cited as the ``Grant-
     Backed Transportation Finance Act of 1997''.
       (b) Findings.--Congress finds the following:
       (1) The economic vitality of the Nation and the quality of 
     life of its citizens depend on increased investment in 
     transportation infrastructure for the movement of people and 
     goods, including highways, roads, and bridges and transit and 
     airport equipment and facilities.
       (2) Improving mobility will increase productivity and 
     competitiveness, strengthen the Nation's capacity for 
     noninflationary economic growth, and contribute to 
     environmental quality.
       (3) The Nation's need to build, maintain, and reconstruct 
     transportation facilities, and to provide additional 
     transportation infrastructure investment in both rural and 
     urban areas, exceeds available resources under traditional 
     funding programs.
       (4) User fees can finance transportation facilities 
     efficiently and equitably over the useful lives of these 
     capital assets.
       (5) Recent Federal initiatives are helping States 
     innovatively finance capital investment in transportation 
     facilities.
       (6) Grant-backed financing is an innovative way to finance 
     transportation infrastructure that uses future Federal 
     transportation payments to pay debt service or to credit 
     enhance State transportation financings, prudently leveraging 
     limited Federal, State, local, and public-private partnership 
     resources to meet critical transportation investment needs.
       (7) Bonds with grant-backed financing could be issued or 
     credit enhanced by a limited-purpose State entity and secured 
     with the State's assignment of its formula grant payments 
     from the Highway or Mass Transit Accounts of the Highway 
     Trust Fund or the Airport and Airway Trust Fund to the 
     limited-purpose entity which shall first apply such funds to 
     pay principal and interest on grant financed bonds issued by 
     the limited-purpose entity, or to fund credit enhancements 
     for bonds secured with other State, local, or public-private 
     revenues, and, then, transfer the remaining funds to the 
     State.
       (8) Grant-backed financing enables State and local 
     governments and their transportation agencies, authorities, 
     and infrastructure banks to benefit immediately from the 
     State's future authorized Federal transportation grants.
       (9) With grant-backed financing State and local governments 
     could--
       (A) start and complete transportation infrastructure 
     projects years sooner than using traditional programs, 
     putting new and rehabilitated transportation facilities in 
     use more quickly;
       (B) avoid project inflation costs;
       (C) reduce the interest and credit enhancement costs of 
     borrowing; and
       (D) accelerate project-generated economic activity.
       (c) State Election To Provide Grant-Backed Transportation 
     Financing.--
       (1) In general.--If a State makes an election described in 
     paragraph (2) with respect to any portion of the amounts 
     payable to the State from the Highway or Mass Transit 
     Accounts of the Highway Trust Fund or the Airport and Airway 
     Trust Fund as authorized by title 23 or 49, United States 
     Code, the Secretary of the Treasury shall deposit such

[[Page S11046]]

     portion in a designated account in the name of the limited-
     purpose entity designated in such election for the fiscal 
     year with respect to which such election is made and for each 
     succeeding fiscal year until such limited-purpose entity's 
     bonds, together with the interest thereon, or credit 
     enhancements provided by such limited-purpose entity on other 
     State, local, or public-private bonds have been fully met and 
     discharged.
       (2) Election described.--
       (A) In general.--An election described in this paragraph is 
     an irrevocable election made by a State (in such form and 
     manner as determined by the Secretary of the Treasury) by 
     which the State, in its sole discretion and at its sole 
     liability, designates a portion of amounts described in 
     paragraph (1) for deposit in a designated account to be used 
     by a limited-purpose entity described in subparagraph (B) 
     only for purposes described in subparagraph (C).
       (B) Limited-purpose entity described.--A limited-purpose 
     entity described in this subparagraph is an entity designated 
     in the election and enabled by the State only--
       (i) to receive funds from the Highway or Mass Transit 
     Accounts of the Highway Trust Fund or the Airport and Airway 
     Trust Fund;
       (ii) to issue up to a specified amount of bonds secured by 
     those funds or to fund up to a specified amount of credit 
     enhancements for bonds secured with other State, local, or 
     public-private revenues, or both; and
       (iii) to enter into agreements with the State governing the 
     disbursement of the proceeds of bonds issued by such limited-
     purpose entity.
       (C) Purposes described.--Purposes described in this 
     subparagraph for funds received under an election under this 
     subsection are--
       (i) to pay any principal and interest due on prior 
     outstanding bonds secured in whole or in part with Federal 
     formula grant payments;
       (ii) to pay any principal and interest due on such bonds 
     issued by the limited-purpose entity, and to fund any 
     reserves or other credit enhancements established in 
     connection with limited-purpose entity bonds or other State, 
     local, or public-private bonds; and
       (iii) thereafter to be used by such State as it determines.
       (d) No Federal Guarantee of Bonds.--Bond issues supported 
     in whole or in part by Federal payments subject to an 
     election described in subsection (c)(2) shall not be 
     considered subject to either a direct or indirect Federal 
     guarantee for the purposes of section 149(b) of the Internal 
     Revenue Code of 1986. Nor shall the exercise of State 
     discretion irrevocably designating a specific State account 
     in the name of a limited-purpose entity for receipt of 
     Federal transportation payments under an election described 
     in subsection (c)(2) be considered either a direct or 
     indirect Federal guarantee for the purposes of such section 
     149(b).
       (e) No Federal Remedy for Bondholders.--No bondholder of a 
     bond described in subsection (d) shall have any right or 
     remedy against the Federal Government. Neither a State 
     pledge, the pledge of a State entity, nor the exercise of 
     State discretion irrevocably designating a specific State 
     account in the name of a limited-purpose entity for receipt 
     of Federal transportation payments shall shift liability for 
     any grant, bond principal, interest, premium, or other 
     payment to the Federal Government.
       (f) Research and Implementation.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation 
     shall--
       (A) complete an analysis and make a report of such analysis 
     to Congress and the States of the availability and potential 
     impact of grant-backed financing based on revenue dedicated 
     to the Mass Transit Account of the Highway Trust Fund and the 
     Airport and Airway Trust Fund; and
       (B) select at least 6 State, local, or public-private 
     partnership highway, road, bridge, transit, or airport bond 
     financings, including at least 1 financing by a State 
     infrastructure bank established under section 350 of the 
     National Highway System Designation Act of 1995 (Public Law 
     104-59), to receive technical assistance and to encourage 
     elections under subsection (c) with respect to such 
     financings.
       (2) Reports.--The Secretary of Transportation shall provide 
     a biennial report on the use of grant-backed financing to the 
     Committee on Transportation and Infrastructure in the House 
     of Representatives and the Committee on Environment and 
     Public Works in the Senate. Such report shall describe the 
     pilot projects selected under paragraph (1)(B), the elections 
     made under subsection (c), and specify any actions Congress 
     or the Secretary of Transportation can take to facilitate the 
     use of grant-backed financing.
                                 ______
                                 

                     BOND AMENDMENTS NOS. 1400-1401

  (Ordered to lie on the table.)
  Mr. BOND submitted two amendments intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1400

       At the appropriate place in subtitle D of title I, insert 
     the following:

     SEC. 14____. SENSE OF SENATE CONCERNING LONGER COMBINATION 
                   VEHICLES.

       (a) Findings.--Congress finds that--
       (1) section 127(d) of title 23, United States Code, 
     contains a prohibition that took effect on June 1, 1991, 
     concerning the operation of certain longer combination 
     vehicles, including certain double-trailer and triple-trailer 
     trucks;
       (2) reports on the results of recent studies conducted by 
     the Federal Government describe, with respect to longer 
     combination vehicles--
       (A) problems with the adequacy of rearward amplification 
     braking;
       (C) the difficulty in making lane changes; and
       (D) speed differentials that occur while climbing or 
     accelerating; and
       (3) surveys of individuals in the United States demonstrate 
     that an overwhelming majority of residents of the United 
     States oppose the expanded use of longer combination 
     vehicles.
       (b) Longer Combination Vehicle Defined.--In this section, 
     the term ``longer combination vehicle'' has the meaning given 
     that term in section 127(d)(4) of title 23, United States 
     Code.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the prohibitions and restrictions under section 127(d) 
     of title 23, United States Code, as in effect on the date of 
     enactment of this Act, should not be amended so as to result 
     in any less restrictive prohibition or restriction.
                                                                    ____


                           Amendment No. 1401

       On page 95, strike lines 9 through 14 and insert the 
     following:
     along and within international or interstate trade corridors 
     of national importance (including the international trade 
     corridor designated under subparagraph (C)).
       (B) Identification of corridors.--Subject to subparagraph 
     (C), each corridor referred to in subparagraph (A) shall be 
     cooperatively identified by the States along the corridor.
       (C) Designation of corridor.--For purposes of subparagraph 
     (A), the Interstate Route 35 Corridor from Laredo, Texas, 
     through Oklahoma City, Oklahoma, to Wichita, Kansas, to 
     Kansas City, Kansas/Missouri, to Des Moines, Iowa, to 
     Minneapolis, Minnesota, to Duluth, Minnesota is designated as 
     an international trade corridor of national importance.
                                 ______
                                 

                  BOND (AND BREAUX) AMENDMENT NO. 1402

  (Ordered to lie on the table.)
  Mr. BOND (for himself and Mr. Breaux) submitted an amendment intended 
to be proposed by them to the bill, S. 1173, surpa; as follows:

       Beginning on page 181, strike line 20 and all that follows 
     through page 183, line 23, and insert the following:
     processes. With respect to participation in a natural habitat 
     or wetland mitigation effort related to a project funded 
     under this title that has an impact that occurs within the 
     service area of a mitigation bank, preference shall be given, 
     to the maximum extent practicable, to the use of the 
     mitigation bank if the bank contains sufficient available 
     credits to offset the impact and the bank is approved in 
     accordance with the Federal Guidance for the Establishment, 
     Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 
     (November 28, 1995)) or other applicable Federal law 
     (including regulations).
       ``(N) Publicly-owned intracity or intercity passenger rail 
     or bus terminals, including terminals of the National 
     Railroad Passenger Corporation and publicly-owned intermodal 
     surface freight transfer facilities, other than seaports and 
     airports, if the terminals and facilities are located on or 
     adjacent to National Highway System routes or connections to 
     the National Highway System selected in accordance with 
     paragraph (2).
       ``(O) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(P) In the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, any project 
     eligible for funding under section 133, any airport, and any 
     seaport.
       ``(Q) Publicly owned components of magnetic levitation 
     transportation systems.''.

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

       Section 133(b) of title 23, United States Code, (as amended 
     by section 1232(c)), is amended--
       (1) in paragraph (2), by striking ``and publicly owned 
     intracity or intercity bus terminals and facilities'' and 
     inserting ``, including vehicles and facilities, whether 
     publicly or privately owned, that are used to provide 
     intercity passenger service by bus or rail'';
       (2) in paragraph (3)--
       (A) by striking ``and bicycle'' and inserting ``bicycle''; 
     and
       (B) by inserting before the period at the end the 
     following: ``, and the modification of public sidewalks to 
     comply with the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.)'';
       (3) in paragraph (4)--
       (A) by inserting ``, publicly owned passenger rail,'' after 
     ``Highway'';
       (B) by inserting ``infrastructure'' after ``safety''; and
       (C) by inserting before the period at the end the 
     following: ``, and any other noninfrastruture highway safety 
     improvements'';
       (4) in paragraph (11)--
       (A) in the first sentence--
       (i) by inserting ``natural habitat and'' after 
     ``participation in'' each place it appears;

[[Page S11047]]

       (ii) by striking ``enhance and create'' and inserting 
     ``enhance, and create natural habitats and''; and
       (iii) by inserting ``natural habitat and'' before 
     ``wetlands conservation''; and
       (B) by adding at the end the following: ``With respect to 
     participation in a natural habitat or wetland mitigation 
     effort related to a project funded under this title that has 
     and impact that occurs within the service area of a 
     mitigation bank, preference shall be given, to the maximum 
     extent practicable, to the use of the mitigation bank if the 
     bank contains sufficient available credits to offset the 
     impact and the bank is approved in accordance with the 
     Federal Guidance for the Establishment, Use and Operation of 
     Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or 
     other applicable Federal law (including regulations).''; and
                                 ______
                                 

                   JEFFORDS AMENDMENTS NOS. 1403-1410

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted eight amendments intended to be proposed by 
him to the bill, S. 1173, supra; as follows:

                           Amendment No. 1403

       On page 247, strike line 3 and insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131(d) of title 23, United States Code, is 
     amended--
       (1) by striking ``(d) In'' and inserting the following:
       ``(d) Industrial and Commercial Areas.--
       ``(1) In general.--In''; and
       (2) by adding at the end the following:
       ``(2) Limitation on new signs.--
       ``(A) In general.--Subject to this paragraph, no new sign, 
     display, or device may be erected under paragraph (1) after 
     the date of enactment of this paragraph.
       ``(B) Exception.--
       ``(i) In general.--Subject to clause (ii), a State may 
     permit a person, at the person's option, to erect in the 
     State a sign, display, or device in accordance with the 
     requirements of paragraph (1) upon removal without payment of 
     just compensation under subsection (g) of a sign, display, or 
     device lawfully erected under this subsection.
       ``(ii) Statewide limitation.--The total number of signs, 
     displays, and devices erected and maintained under this 
     subsection in a State shall not exceed the total number of 
     signs, displays, and devices lawfully erected before the date 
     of enactment of this paragraph under this subsection in the 
     State and in existence on that date.''.

Subtitle F--Planning
                                                                    ____


                           Amendment No. 1404

       On page 247, between lines 2 and 3, insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131(d) of title 23, United States Code, is amended 
     in the first sentence by striking ``, or in unzoned'' and all 
     that follows through ``Secretary''.
                                                                    ____


                           Amendment No. 1405

       On page 247, between lines 2 and 3, insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131 of title 23, United States Code, is amended--
       (1) by redesignating subsection (t) as subsection (u); and
       (2) by inserting after subsection (s) the following:
       ``(t) Limitation on Vegetation Removal.--For the purpose of 
     subsection (b), a State shall not be considered to have made 
     provision for effective control of the erection and 
     maintenance of outdoor advertising signs, displays, and 
     devices if the State carries out or permits the removal of 
     vegetation in, or other alteration of, a right-of-way 
     referred to in subsection (b) for the purpose of improving 
     the visibility of any outdoor advertising sign, display, or 
     device located outside the right-of-way.''.
                                                                    ____


                           Amendment No. 1406

       On page 247, between lines 2 and 3, insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131 of title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``(d) In'' and inserting the following:
       ``(d) Industrial and Commercial Areas.--
       ``(1) In general.--In''; and
       (B) by adding at the end the following:
       ``(2) Applicability of just compensation requirements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     just compensation under subsection (g) shall not be paid on 
     the removal of any sign, display, or device lawfully erected 
     under State law after the date of enactment of this 
     paragraph.
       ``(B) Exception.--A State may permit a person, at the 
     person's option, to erect in the State a sign, display, or 
     device in accordance with the requirements of paragraph (1) 
     on removal without payment of just compensation under 
     subsection (g) of a sign, display, or device lawfully erected 
     under this subsection.'';
       (2) in the first sentence of subsection (g), by striking 
     ``and not permitted under subsection (c) of this section, 
     whether or not removed pursuant to or because of this 
     section'' and inserting ``and removed under this section''; 
     and
       (3) in subsection (k), by striking ``Subject to compliance 
     with subsection (g) of this section for the payment of just 
     compensation, nothing'' and inserting ``Nothing''.
                                                                    ____


                           Amendment No. 1407

       On page 247, between lines 2 and 3, insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131 of title 23, United States Code, is amended--
       (1) by redesignating subsection (t) as subsection (u); and
       (2) by inserting after subsection (s) the following:
       ``(t) State Inventory of Outdoor Advertising Signs, 
     Displays, and Devices.--
       ``(1) Requirement.--For the purpose of subsection (b), a 
     State shall not be considered to have made provision for 
     effective control of the erection and maintenance of outdoor 
     advertising signs, displays, and devices unless the State 
     maintains, and annually submits to the Secretary, an 
     inventory of all outdoor advertising signs, displays, and 
     devices in the State for which the effective control is 
     required under this section, including a specification of 
     whether each sign, display, or device is illegal, non-
     conforming, or conforming under State law.
       ``(2) State scenic byways.--The State inventory required by 
     paragraph (1) shall identify each sign, display, or device 
     described in paragraph (1) that is located along a highway on 
     the Interstate System or Federal-aid primary system 
     designated as a scenic byway under a program of the State 
     described in subsection (s).
       ``(3) Use of state inventories.--The Secretary shall use 
     the State inventories submitted under this subsection to 
     carry out this section.''.
                                                                    ____


                           Amendment No. 1408

       On page 247, between lines 2 and 3, insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131 of title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``(d) In'' and inserting the following:
       ``(d) Industrial and Commercial Areas.--
       ``(1) In general.--In'';
       (B) in the first sentence of paragraph (1) (as so 
     designated), by striking ``, or in unzoned'' and all that 
     follows through ``Secretary''; and
       (C) by adding at the end the following:
       ``(2) Limitation on new signs.--
       ``(A) In general.--Subject to this paragraph, no new sign, 
     display, or device may be erected under paragraph (1) after 
     the date of enactment of this paragraph.
       ``(B) Applicability of just compensation requirements.--
     Except as provided in subparagraph (C), just compensation 
     under subsection (g) shall not be paid upon the removal of 
     any sign, display, or device lawfully erected under State law 
     after the date of enactment of this paragraph.
       ``(C) Exception.--
       ``(i) In general.--Subject to clause (ii), a State may 
     permit a person, at the person's option, to erect in the 
     State a sign, display, or device in accordance with the 
     requirements of paragraph (1) upon removal without payment of 
     just compensation under subsection (g) of a sign, display, or 
     device lawfully erected under this subsection.
       ``(ii) Statewide limitation.--The total number of signs, 
     displays, and devices erected and maintained under this 
     subsection in a State shall not exceed the total number of 
     signs, displays, and devices lawfully erected before the date 
     of enactment of this paragraph under this subsection in the 
     State and in existence on that date.'';
       (2) in the first sentence of subsection (g), by striking 
     ``and not permitted under subsection (c) of this section, 
     whether or not removed pursuant to or because of this 
     section'' and inserting ``and removed under this section'';
       (3) in subsection (k), by striking ``Subject to compliance 
     with subsection (g) of this section for the payment of just 
     compensation, nothing'' and inserting ``Nothing'';
       (4) by redesignating subsection (t) as subsection (v); and
       (5) by inserting after subsection (s) the following:
       ``(t) State Inventory of Outdoor Advertising Signs, 
     Displays, and Devices.--
       ``(1) Requirement.--For the purpose of subsection (b), a 
     State shall not be considered to have made provision for 
     effective control of the erection and maintenance of outdoor 
     advertising signs, displays, and devices unless the State 
     maintains, and annually submits to the Secretary, an 
     inventory of all outdoor advertising signs, displays, and 
     devices in the State for which the effective control is 
     required under this section, including a specification of 
     whether each sign, display, or device is illegal, or 
     nonconforming, or conforming under State law.
       ``(2) State scenic byways.--The State inventory required by 
     paragraph (1) shall identify each sign, display, or device 
     described in paragraph (1) that is located along a highway on 
     the Interstate System or Federal-aid primary system 
     designated as a scenic byway under a program of the State 
     described in subsection (s).
       ``(3) Use of state inventories.--The Secretary shall use 
     the State inventories submitted under this subsection to 
     ensure compliance with subsection (d)(2)(C)(ii) and to carry 
     out this section.

[[Page S11048]]

       ``(u) Limitation on Vegetation Removal.--For the purpose of 
     subsection (b), a State shall not be considered to have made 
     provision for effective control of the erection and 
     maintenance of outdoor advertising signs, displays, and 
     devices if the State carries out or permits the removal of 
     vegetation in, or other alteration of, a right-of-way 
     referred to in subsection (b) for the purpose of improving 
     the visibility of any outdoor advertising sign, display, or 
     device located outside the right-of-way.''.
                                                                    ____


                           Amendment No. 1409

       On page 247, between lines 2 and 3, insert the following:

     SEC. 1504. CONTROL OF OUTDOOR ADVERTISING.

       Section 131 of title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``(d) In'' and inserting the following:
       ``(d) Industrial and Commercial Areas.--
       ``(1) In general.--In''; and
       (B) by adding at the end the following:
       ``(2) Applicability of just compensation requirements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     just compensation under subsection (g) shall not be paid on 
     the removal of any sign, display, or device lawfully erected 
     under State law after the date of enactment of this 
     paragraph.
       ``(B) Exception.--A State may permit a person, at the 
     person's option, to erect in the State a sign, display, or 
     device in accordance with the requirements of paragraph (1) 
     on removal without payment of just compensation under 
     subsection (g) of a sign, display, or device lawfully erected 
     under this subsection.'';
       (2) in the first sentence of subsection (g), by striking 
     ``and not permitted under subsection (c) of this section, 
     whether or not removed pursuant to or because of this 
     section'' and inserting ``and removed under this section'';
       (3) in subsection (k), by striking ``Subject to compliance 
     with subsection (g) of this section for the payment of just 
     compensation, nothing'' and inserting ``Nothing''
       (4) by redesignating subsection (t) as subsection (v); and
       (5) by inserting after subsection (s) the following:
       ``(t) State Inventory of Outdoor Advertising Signs, 
     Displays, and Devices.--
       ``(1) Requirement.--For the purpose of subsection (b), a 
     State shall not be considered to have made provision for 
     effective control of the erection and maintenance of outdoor 
     advertising signs, displays, and devices unless the State 
     maintains, and annually submits to the Secretary, an 
     inventory of all outdoor advertising signs, displays, and 
     devices in the State for which the effective control is 
     required under this section, including a specification of 
     whether each sign, display, or device is illegal, 
     nonconforming, or conforming under State law.
       ``(2) State scenic byways.--The State inventory required by 
     paragraph (1) shall identify each sign, display, or device 
     described in paragraph (1) that is located along a highway on 
     the Interstate System or Federal-aid primary system 
     designated as a scenic byway under a program of the State 
     described in subsection (s).
       ``(3) Use of state inventories.--The Secretary shall use 
     the State inventories submitted under this subsection to 
     carry out this section.
       ``(u) Limitation on Vegetation Removal.--For the purpose of 
     subsection (b), a State shall not be considered to have made 
     provision for effective control of the erection and 
     maintenance of outdoor advertising signs, displays, and 
     devices if the State carries out or permits the removal of 
     vegetation in, or other alteration of, a right-of-way 
     referred to in subsection (b) for the purpose of improving 
     the visibility of any outdoor advertising sign, display, or 
     device located outside the right-of-way.''.
                                                                    ____


                           Amendment No. 1410

       On page 414, strike line 22 and insert the following:
     U.S.C. 307 note; 105 Stat. 2189).

     SEC. 2105. RAIL AND PORT ACCESS MODERNIZATION.

       (a) Findings.--Congress finds that--
       (1) the growth of commerce in northern New England is 
     hampered by a decaying rail infrastructure;
       (2) during the 5-year period beginning on the date of 
     enactment of this Act, international trade shipping is 
     projected to increase by more than 20 percent;
       (3) in the shipping industry, there is a widespread 
     international trend for shippers to use only ports with 
     double-stack rail access;
       (4) aging rail lines and constricted passage in older 
     industrial States are--
       (A) limiting the movement of cargo and individuals 
     throughout that area; and
       (B) restricting access to deepwater ports; and
       (5) improving rail lines and double-stack freight rail 
     passage to allow rail connections to and through other States 
     and provinces will enable the economy of the older industrial 
     region to grow and prosper by bringing new industry into the 
     region that will result in growth in high wage jobs.
       (b) Definitions.--In this section:
       (1) Fund.--The term ``Fund'' means the Older Industrial 
     Rail Modernization and Port Access Fund established by 
     subsection (c)(7).
       (2) Older industrial region.--The term ``older industrial 
     region'' means the northeastern area of the United States.
       (3) Older industrial state.--The term ``older industrial 
     State'' means--
       (A) Vermont;
       (B) Maine; and
       (C) New Hampshire.
       (4) Rail project.--The term ``rail project'' means a 
     project for the acquisition, rehabilitation, or improvement 
     of railroad facilities or equipment, as described in section 
     511 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976 (45 U.S.C. 831).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (c) Direct Federal Assistance.--
       (1) In general.--
       (A) Grants.--Subject to the availability of appropriations, 
     the Secretary shall make a grant under this subsection to 
     each older industrial State that submits an application to 
     the Secretary that demonstrates, to the satisfaction of the 
     Secretary, a need for assistance under this subsection in 
     carrying out 1 or more transportation projects described in 
     paragraph (2), (3), (4), or (5) that are necessary to improve 
     rail transport in that State.
       (B) Grant agreement.--The Secretary shall enter into a 
     grant agreement with each older industrial State that 
     receives a grant under this subsection. At a minimum, the 
     agreement shall specify that the grant recipient will meet 
     the applicable requirements of this section, including the 
     cost-sharing requirement under paragraph (6)(B).
       (2) Grants for port access.--The Secretary shall make 
     grants under this subsection for the purposes of connecting 
     all railroads to ports and ensuring that double-stack rail 
     cars can travel freely throughout older industrial States.
       (3) Grants for bridge and tunnel obstruction repair and 
     replacement.--The Secretary shall make grants under this 
     subsection for the purpose of enlarging tunnels and 
     embankments, removing, repairing, or replacing bridges or 
     other obstructions that inhibit the free movement of freight 
     or passenger rail cars and the use of double-stack rail cars.
       (4) Grants for repair of railroad beds.--The Secretary 
     shall make grants under this subsection for the purposes of 
     repairing, upgrading, and purchasing railbeds and tracks, 
     including improving safety of all railroad tracks.
       (5) Grants for development of intermodal facilities.--The 
     Secretary shall make grants under this subsection for the 
     purposes of constructing, operating, and maintaining train 
     maintenance facilities and facilities for the transfer of 
     goods and individuals between other transportation modes, 
     including--
       (A) intermodal truck-train transfer facilities;
       (B) passenger rail stations; and
       (C) bulk fuel transfer facilities.
       (6) Funding limitations on expenditures of funds.--
       (A) Funding.--The grants made under this subsection shall 
     be made with funds transferred from the Fund.
       (B) Cost-sharing.--
       (i) In general.--A grant made under this subsection shall 
     be used to pay the Federal share of the cost of a project 
     conducted under a grant agreement.
       (ii) Federal share.--The Federal share of the cost of a 
     project referred to in clause (i) shall be 80 percent of the 
     cost of the project.
       (C) Allocation among states.--
       (i) In general.--For each of fiscal years 1998 through 
     2001, the Secretary shall, in making grants under this 
     subsection, allocate available amounts in the Fund among 
     older industrial States in accordance with a formula 
     established by the Secretary in accordance with clause (ii).
       (ii) Allocation formula.--In making grants under this 
     subsection, for each of the fiscal years specified in clause 
     (i), the Secretary shall allocate an equal amount of the 
     amounts available from the Fund to each of the older 
     industrial States that submits 1 or more grant applications 
     that meet the requirements of this subsection.
       (7) Older industrial rail modernization and port access 
     fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a trust fund, to be known as the ``Older 
     Industrial Rail Modernization and Port Access Fund''. The 
     Fund shall consist of--
       (i) such amounts as are appropriated to the Fund; and
       (ii) any interest earned on investment of amounts in the 
     Fund under subparagraph (B).
       (B) Investment of fund.--
       (i) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary, required to meet then current withdrawals. Those 
     investments may be made only in interest-bearing obligations 
     of the United States or obligations guaranteed as to both 
     principal and interest by the United States. For that 
     purpose, those obligations may be acquired--

       (I) on original issue at the issue price, or
       (II) by purchase of outstanding obligations at the market 
     price.

       (ii) Sale of obligation.--Any obligation acquired by the 
     Fund (except special obligations issued exclusively to the 
     Fund) may be sold by the Secretary of the Treasury at the 
     market price. The special obligations may be redeemed at par 
     plus accrued interest.

[[Page S11049]]

       (iii) Credits to fund.--The interest on, and the proceeds 
     from, the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (C) Transfers from fund.--The Secretary of the Treasury 
     shall, on the request of the Secretary of Transportation, 
     transfer from the Fund to the Secretary of Transportation, 
     any amounts that the Secretary of Transportation determines 
     to be necessary to carry out the grant program under this 
     subsection.
       (D) Administrative expenses.--Not more than 1 percent of 
     the amounts in the Fund may be used by the Secretary of 
     Transportation to cover administrative expenses for carrying 
     out the grant program under this subsection.
       (8) Applicability of title 23.--Except as otherwise 
     provided in this subsection, funds made available to an older 
     industrial State under this subsection shall be available for 
     obligation in the manner provided for funds apportioned under 
     chapter 1 of title 23, United States Code.
       (9) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Fund to carry out this subsection $65,000,000 for each of 
     fiscal years 1998 through 2001.
       (B) Availability of funds.--The amounts appropriated 
     pursuant to this paragraph shall remain available for 
     obligation until the end of the third fiscal year following 
     the fiscal year for which the amounts are appropriated.
       (d) Railroad Loan and Assistance Program.--
       (1) Purpose.--The purpose of this subsection is to provide 
     assistance for rail projects in older industrial States.
       (2) Issuance of obligations.--The Secretary shall issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (45 U.S.C. 832), in such 
     amounts, and at such times, as may be necessary, during the 
     period that the guaranteed obligation is outstanding, to--
       (A) pay any amounts required pursuant to the guarantee of 
     the principal amount of an obligation under section 511 of 
     that Act (45 U.S.C. 831) for any eligible rail project 
     described in paragraph (3); and
       (B) meet the applicable requirements of this subsection and 
     sections 511 and 513 of that Act (45 U.S.C. 832 and 833).
       (3) Eligibility.--A rail project that is eligible for 
     assistance under this subsection is a rail project--
       (A) for a railroad that is located in an older industrial 
     State; and
       (B) that promotes the mobility of goods and individuals.
       (4) Limitation.--Notwithstanding any other provision of 
     law, the aggregate unpaid principal amounts of obligations 
     that may be guaranteed by the Secretary under this subsection 
     may not exceed $50,000,000 during any of fiscal years 1998 
     through 2001.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Transportation, to be 
     used by the Secretary to make guarantees under this 
     subsection, $5,000,000 for each of fiscal years 1998 through 
     2001.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress and the Governor of each older 
     industrial State a report concerning the rehabilitation of 
     the rail infrastructure of older industrial States.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 1411

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       On page 30, line 1, strike ``and''.
       On page 30, line 13, strike the period at the end and 
     insert ``; and''.
       On page 30, between lines 13 and 14, insert the following:
       ``(C) for each of fiscal years 1998 through 2003, a State's 
     total apportionments described in subclauses (I) and (II) of 
     subparagraph (A)(i) for the fiscal year is not less than 90 
     percent of the estimated tax payments attributable to highway 
     users in the State paid into the Highway Trust Fund (other 
     than Mass Transit Account) in the latest fiscal year in which 
     data is available.''.
       On page 5, line 8, insert ``(a) In Gen- eral.--'' before 
     ``For''.
       On page 7, between lines 20 and 21, insert the following:
       (b) Reduction of Sums.--Notwithstanding subsection (a), the 
     sums made available under subsection (a) shall be reduced on 
     a pro rata basis by the amount necessary to offset the 
     budgetary impact resulting from adoption of this amendment.
       On page 5, line 8, insert ``(a) In Gen- eral.--'' before 
     ``For''.
       On page 7, between lines 20 and 21, insert the following:
       (b) Effect of Increased Available Amounts.--The increased 
     funding levels provided by this amendment shall not take 
     effect unless the amounts made available under subsection (a) 
     are increased above the levels of those amounts in the 
     modified Committee amendment filed in the Senate on October 
     8, 1997.
                                 ______
                                 

               LAUTENBERG (AND DeWINE) AMENDMENT NO. 1412

  (Ordered to lie on the table.)
  Mr. LAUTENBERG (for himself and Mr. DeWine) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       At the end of subtitle D of title I, add the following:

     SEC. 14____. NATIONAL STANDARD TO PROHIBIT OPERATION OF MOTOR 
                   VEHICLES BY INTOXICATED INDIVIDUALS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 153 the following:

     ``Sec. 154. National standard to prohibit operation of motor 
       vehicles by intoxicated individuals

       ``(a) Withholding of Apportionments for Noncompliance.--
       ``(1) Fiscal year 2001.--The Secretary shall withhold 5 
     percent of the amount required to be apportioned to any State 
     under each of paragraphs (1)(A), (1)(C), and (3) of section 
     104(b) on October 1, 2000, if the State does not meet the 
     requirements of paragraph (3) on that date.
       ``(2) Subsequent fiscal years.--The Secretary shall 
     withhold 10 percent (including any amounts withheld under 
     paragraph (1)) of the amount required to be apportioned to 
     any State under each of paragraphs (1)(A), (1)(C), and (3) of 
     section 104(b) on October 1, 2001, and on October 1 of each 
     fiscal year thereafter, if the State does not meet the 
     requirements of paragraph (3) on that date.
       ``(3) Requirements.--A State meets the requirements of this 
     paragraph if the State has enacted and is enforcing a law 
     that considers an individual who has an alcohol concentration 
     of 0.08 percent or greater while operating a motor vehicle in 
     the State to be driving--
       ``(A) while intoxicated; or
       ``(B) under the influence of alcohol.
       ``(b) Period of Availability; Effect of Compliance and 
     Noncompliance.--
       ``(1) Period of availability of withheld funds.--
       ``(A) Funds withheld on or before september 30, 2002.--Any 
     funds withheld under subsection (a) from apportionment to any 
     State on or before September 30, 2002, shall remain available 
     until the end of the third fiscal year following the fiscal 
     year for which the funds are authorized to be appropriated.
       ``(B) Funds withheld after september 30, 2002.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2002, shall be available for 
     apportionment to the State.
       ``(2) Apportionment of withheld funds after compliance.--
     If, before the last day of the period for which funds 
     withheld under subsection (a) from apportionment are to 
     remain available for apportionment to a State under paragraph 
     (1)(A), the State meets the requirements of subsection 
     (a)(3), the Secretary shall, on the first day on which the 
     State meets the requirements, apportion to the State the 
     funds withheld under subsection (a) that remain available for 
     apportionment to the State.
       ``(3) Period of availability of subsequently apportioned 
     funds.--
       ``(A) In general.--Any funds apportioned under paragraph 
     (2) shall remain available for expenditure until the end of 
     the third fiscal year following the fiscal year in which the 
     funds are so apportioned.
       ``(B) Treatment of certain funds.--Sums not obligated at 
     the end of the period referred to in subparagraph (A) shall--
       ``(i) lapse; or
       ``(ii) in the case of funds apportioned under section 
     104(b)(1)(A), lapse and be made available by the Secretary 
     for projects in accordance with section 118.
       ``(4) Effect of noncompliance.--If, at the end of the 
     period for which funds withheld under subsection (a) from 
     apportionment are available for apportionment to a State 
     under paragraph (1)(A), the State does not meet the 
     requirements of subsection (a)(3), the funds shall--
       ``(A) lapse; or
       ``(B) in the case of funds withheld from apportionment 
     under section 104(b)(1)(A), lapse and be made available by 
     the Secretary for projects in accordance with section 118.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 153 the following:

``154. National standard to prohibit operation of motor vehicles by 
              intoxicated individuals.''.
                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 1413

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted an amendment intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

       Strike pages 257 through 263 and insert the following:
     ``implemented, indicates total resources from public and 
     private sources that are reasonably expected to be available 
     to carry out the plan 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

[[Page S11050]]

     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 
     commit on the long-range transportation plan.
       ``(5) Publication of long-range transportation plan.--Each 
     long-range transportation plan prepared by a metropolitan 
     planning organization shall be--
       ``(A) published or otherwise made readily available for 
     public review; and
       ``(B) submitted for information purposes to the Governor at 
     such times and in such manner as the Secretary shall 
     establish.
       ``(h) Metropolitan Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with the State and any 
     affected public transit operator, the metropolitan planning 
     organization designated for a metropolitan area shall develop 
     a transportation improvement program for the area for which 
     the organization is designated.
       ``(B) Opportunity for comment.--In developing the program, 
     the metropolitan planning organization, in cooperation with 
     the State and any affected public transit operator, shall 
     provide citizens, affected public agencies, representatives 
     of transportation agency employees, other affected employee 
     representatives, freight shippers, private providers of 
     transportation, and other interested parties with a 
     reasonable opportunity to comment on the proposed program.
       ``(C) Funding estimates.--For the purpose of developing the 
     transportation improvement program, the metropolitan planning 
     organization, public transit agency, and State shall 
     cooperatively develop estimates of funds that are reasonably 
     expected to be available to support program implementation.
       ``(D) Updating and approval.--The program shall be updated 
     at least once every 2 years and shall be approved by the 
     metropolitan planning organization and the Governor.
       ``(2) Contents.--The transportation improvement program 
     shall include--
       ``(A) a list, in order of priority, of proposed federally 
     supported projects and strategies to be carried out within 
     each 3-year-period after the initial adoption of the 
     transportation improvement program; and
       ``(B) a financial plan that--
       ``(i) demonstrates how the transportation improvement 
     program can be implemented;
       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be available to carry out the 
     program; and
       ``(iii) identifies innovates financing techniques to 
     finance projects, programs, and strategies.
       ``(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, except where 
     either such project is relevant to a determination of 
     conformity with the Clean Air Act, nor shall any such action 
     be required to change the indicated source of funding for any 
     project.
       ``(i) Transportation Management Areas.--
       ``(1) Designation.--
       ``(A) Required designations.--The Secretary shall designate 
     as a transportation management area each urbanized area with 
     a population of over 200,000 individuals.
       ``(B) Designations on request.--The Secretary shall 
     designate any additional area as a transportation management 
     area on the request of the Governor and the metropolitan 
     planning organization designated for the area.
       ``(2) Transportation plans and programs.--Within a 
     transportation management area, transportation plans and 
     programs shall be based on a continuing and comprehensive 
     transportation planning process carried out by the 
     metropolitan planning organization in cooperation with the 
     State and any affected public transit operator.
       ``(3) Congestion management system.--Within a 
     transportation management area, the transportation planning 
     process under this section shall include a congestion 
     management system that provides for effective management of 
     new and exist''.
                                 ______
                                 

                   HOLLINGS AMENDMENTS NOS. 1414-1415

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted two amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1414

       On page 235, beginning with line 18, strike through line 16 
     on page 236.
                                                                    ____


                           Amendment No. 1415

       On page 229, beginning with line 8, strike through line 17 
     on page 235.
                                 ______
                                 

                HOLLINGS (AND McCAIN) AMENDMENT NO. 1416

  (Ordered to lie on the table.)
  Mr. HOLLINGS (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       At the end of the amendment, insert the following:

     SECTION 1. SHORT TITLE; APPLICATION WITH PRECEDING PROVISIONS 
                   AND AMENDMENTS.

       (a) Short Title.--This Act may be cited as the ``Intermodal 
     Transportation Safety Act of 1997''.
       (b) Application.--The provisions of this Act appearing 
     after this section, including any amendment made by any such 
     provision, supersede any provision appearing before this 
     section to the extent that the provisions or amendments 
     appearing after this section conflict with and cannot be 
     reconciled with the provisions (including amendments) 
     appearing before this section. For purposes of this 
     subsection, conflicts of enumeration or lettering of 
     subdivisions of any provision of law amended by this Act, and 
     conflicts of captions of any provision of law amended by this 
     Act, shall be ignored.

     SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

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

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title; application with preceding provisions and 
              amendments.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
                        Title I--Highway Safety

Sec. 101. Highway safety programs.
Sec. 102. National driver register.
Sec. 103. Authorizations of appropriations.
      Title II--Hazardous materials transportation reauthorization

Sec. 201. Findings and purposes; definitions.
Sec. 202. Handling criteria repeal.
Sec. 203. Hazmat employee training requirements.
Sec. 204. Registration.
Sec. 205. Shipping paper retention.
Sec. 206. Unsatisfactory safety rating.
Sec. 207. Public sector training curriculum.
Sec. 208. Planning and training grants.
Sec. 209. Special permits and exclusions.
Sec. 210. Administration.
Sec. 211. Cooperative agreements.
Sec. 212. Enforcement.
Sec. 213. Penalties.
Sec. 214. Preemption.
Sec. 215. Judicial review.
Sec. 216. Hazardous material transportation reauthorization.
Sec. 217. Authorization of appropriations.
             Title III--Comprehensive One-call Notification

Sec. 301. Findings.

[[Page S11051]]

Sec. 302. Establishment of one-call notification programs.
                     Title IV--Motor Carrier Safety

Sec. 401. Statement of purpose.
Sec. 402. Grants to States.
Sec. 403. Federal share.
Sec. 404. Authorization of appropriations.
Sec. 405. Information systems and strategic safety initiatives.
Sec. 406. Improved flow of driver history pilot program.
Sec. 407. Motor carrier and driver safety research.
Sec. 408. Authorization of appropriations.
Sec. 409. Conforming amendments.
Sec. 410. Automobile transporter defined.
Sec. 411. Repeal of review panel; review procedure.
Sec. 412. Commercial motor vehicle operators.
Sec. 413. Penalties.
Sec. 414. International registration plan and international fuel tax 
              agreement.
Sec. 415. Study of adequacy of parking facilities.
Sec. 416. National minimum drinking age--technical corrections.
Sec. 417. Application of regulations.
Sec. 418. Authority over charter bus transportation.
Sec. 419. Federal motor carrier safety investigations.
Sec. 420. Foreign motor carrier safety fitness.
Sec. 421. Commercial motor vehicle safety advisory committee.
Sec. 422. Waivers; exemptions; pilot programs.
Sec. 423. Commercial motor vehicle safety studies.
Sec. 424. Increased MCSAP participation impact study.
      Title V--Rail and Mass Transportation Anti-terrorism; Safety

Sec. 501. Purpose.
Sec. 502. Amendments to the ``wrecking trains'' statute.
Sec. 503. Terrorist attacks against mass transportation.
Sec. 504. Investigative jurisdiction.
Sec. 505. Safety considerations in grants or loans to commuter 
              railroads.
Sec. 506. Railroad accident and incident reporting.
Sec. 507. Vehicle weight limitations--mass transportation buses.
               Title--VI Sportfishing and Boating Safety.

Sec. 601. Amendment of 1950 Act.
Sec. 602. Outreach and communications programs.
Sec. 603. Clean Vessel Act funding.
Sec. 604. Boating infrastructure.
Sec. 605. Boat safety funds.
                        TITLE I--HIGHWAY SAFETY

     SEC. 101. HIGHWAY SAFETY PROGRAMS.

       (a) Uniform Guidelines.--Section 402(a) of title 23, United 
     States Code, is amended by striking ``section 4007'' and 
     inserting ``section 4004''.
       (b) Administrative Requirements.--Section 402(b) of such 
     title is amended--
       (1) by striking the period at the end of subparagraph (A) 
     and subparagraph (B) of paragraph (1) and inserting a 
     semicolon;
       (2) by inserting ``, including Indian tribes,'' after 
     ``subdivisions of such State'' in paragraph (1)(C);
       (3) by striking the period at the end of paragraph (1)(C) 
     and inserting a semicolon and ``and''; and
       (5) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3).
       (c) Apportionment of Funds--Section 402(c) of such title is 
     amended by--
       (1) by inserting ``the apportionment to the Secretary of 
     the Interior shall not be less than three-fourths of 1 
     percent of the total apportionment and'' after ``except 
     that'' in the sixth sentence; and
       (2) by striking the seventh sentence.
       (d) Application in Indian Country--Section 402(i) of such 
     title is amended to read as follows:
       ``(i) Application in Indian Country.--
       ``(1) In general.--For the purpose of application of this 
     section in Indian country, the terms `State' and `Governor of 
     a State' include the Secretary of the Interior and the term 
     `political subdivision of a State' includes an Indian tribe. 
     Notwithstanding the provisions of subparagraph (b)(1)(C) of 
     this section, 95 percent of the funds apportioned to the 
     Secretary of the Interior under this section shall be 
     expended by Indian tribes to carry out highway safety 
     programs within their jurisdictions. The provisions of 
     subparagraph (b)(1)(D) of this section shall be applicable to 
     Indian tribes, except to those tribes with respect to which 
     the Secretary determines that application of such provisions 
     would not be practicable.
       ``(2) Indian country defined.--For the purposes of this 
     subsection, the term `Indian country' means--
       ``(A) all land within the limits of any Indian reservation 
     under the jurisdiction of the United States, notwithstanding 
     the issuance of any patent, and including rights-of-way 
     running through the reservation;
       ``(B) all dependent Indian communities within the borders 
     of the United States whether within the original or 
     subsequently acquired territory thereof and whether within or 
     without the limits of a State; and
       ``(C) all Indian allotments, the Indian titles to which 
     have not been extinguished, including rights-of-way running 
     through such allotments.''.
       (e) Rulemaking Process.--Section 402(j) of such title is 
     amended to read as follows:
       ``(j) Rulemaking Process.--The Secretary may from time to 
     time conduct a rulemaking process to identify highway safety 
     programs that are highly effective in reducing motor vehicle 
     crashes, injuries and deaths. Any such rulemaking shall take 
     into account the major role of the States in implementing 
     such programs. When a rule promulgated in accordance with 
     this section takes effect, States shall consider these highly 
     effective programs when developing their highway safety 
     programs.''.
       (f) Safety Incentive Grants.--Section 402 of such title is 
     amended by striking subsection (k) and inserting the 
     following:
       ``(k)(1) Safety Incentive Grants: General Authority.--The 
     Secretary shall make a grant to a State that takes specific 
     actions to advance highway safety under subsection (l) of 
     this section. A State may qualify for more than one grant and 
     shall receive a separate grant for each subsection for which 
     it qualifies. Such grants may only be used by recipient 
     States to implement and enforce, as appropriate, the programs 
     for which the grants are awarded.
       ``(2) Maintenance of Effort.--No grant may be made to a 
     State under subsection (l) or (m) of this section in any 
     fiscal year unless such State enters into such agreements 
     with the Secretary as the Secretary may require to ensure 
     that such State will maintain its aggregate expenditures from 
     all other sources for the specific actions for which a grant 
     is provided at or above the average level of such 
     expenditures in its 2 fiscal years preceding the date of the 
     enactment of this subsection.
       ``(3) Maximum Period of Eligibility; Federal Share for 
     Grants.--Each grant under subsection (l) or (m) of this 
     section shall be available for not more than 6 fiscal years 
     beginning in the fiscal year after September 30, 1997, in 
     which the State becomes eligible for the grant. The Federal 
     share payable for any grant under subsection (l) or (m) shall 
     not exceed--
       ``(A) in the first and second fiscal years in which the 
     State receives the grant, 75 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year a program adopted by the State;
       ``(B) in the third and fourth fiscal years in which the 
     State receives the grant, 50 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program; and
       ``(C) in the fifth and sixth fiscal years in which the 
     State receives the grant, 25 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program.
       ``(l) Alcohol-Impaired Driving Countermeasures: Basic Grant 
     Eligibility.--The Secretary shall make grants to those States 
     that adopt and implement effective programs to reduce traffic 
     safety problems resulting from persons driving under the 
     influence of alcohol. A State shall become eligible for one 
     or more of three basic grants under this subsection by 
     adopting or demonstrating the following to the satisfaction 
     of the Secretary:
       ``(1) Basic grant A.--At least 7 of the following:
       ``(A) .08 BAC per se law.--A law that provides that any 
     individual with a blood alcohol concentration of 0.08 percent 
     or greater while operating a motor vehicle shall be deemed to 
     be driving while intoxicated.
       ``(B) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     proposed by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--

       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and

       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or received notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures.
       ``(C) Underage Drinking Program.--An effective system, as 
     determined by the Secretary, for preventing operators of 
     motor vehicles under age 21 from obtaining alcoholic 
     beverages. Such system shall include the issuance of drivers' 
     licenses to individuals under age 21 that are easily 
     distinguishable in appearance from drivers' licenses issued 
     to individuals age 21 years of age or older.
       ``(D) Stopping Motor Vehicles.--Either--
       ``(i) A statewide program for stopping motor vehicles on a 
     nondiscriminatory, lawful basis for the purpose of 
     determining whether the operators of such motor vehicles are 
     driving while under the influence of alcohol, or
       ``(ii) a statewide Special Traffic Enforcement Program for 
     impaired driving that emphasizes publicity for the program.

[[Page S11052]]

       ``(E) Repeat Offenders.--Effective sanctions for repeat 
     offenders convicted of driving under the influence of 
     alcohol. Such sanctions, as determined by the Secretary, may 
     include electronic monitoring; alcohol interlocks; intensive 
     supervision of probation; vehicle impoundment, confiscation, 
     or forfeiture; and dedicated detention facilities.
       ``(F) Graduated Licensing System.--A three-stage graduated 
     licensing system for young drivers that includes nighttime 
     driving restrictions during the first 2 stages, requires all 
     vehicle occupants to be properly restrained, and makes it 
     unlawful for a person under age 21 to operate a motor vehicle 
     with a blood alcohol concentration of .02 percent or greater.
       ``(G) Drivers with high BAC's.--Programs to target 
     individuals with high blood alcohol concentrations who 
     operate a motor vehicle. Such programs may include 
     implementation of a system of graduated penalties and 
     assessment of individuals convicted of driving under the 
     influence of alcohol.
       ``(H) Young adult drinking programs.--Programs to reduce 
     driving while under the influence of alcohol by individuals 
     age 21 through 34. Such programs may include awareness 
     campaigns; traffic safety partnerships with employers, 
     colleges, and the hospitality industry; assessment of first 
     time offenders; and incorporation of treatment into judicial 
     sentencing.
       ``(I) Testing for BAC.--An effective system for increasing 
     the rate of testing for blood alcohol concentration of motor 
     vehicle drivers at fault in fatal accidents.
       ``(2) Basic Grant B.--Either of the following:
       ``(A) Administrative License Revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     requested by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--

       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and

       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or receives notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures; or
       ``(B) .08 BAC Per Se Law.--A law that provides that any 
     person with a blood alcohol concentration of 0.08 percent or 
     greater while operating a motor vehicle shall be deemed to be 
     driving while intoxicated.
       ``(3) Basic Grant C.--Both of the following:
       ``(A) Fatal Impaired Driver Percentage Reduction.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has 
     decreased in each of the 3 most recent calendar years for 
     which statistics for determining such percentages are 
     available; and
       ``(B) Fatal Impaired Driver Percentage Comparison.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has been 
     lower than the average percentage for all States in each of 
     such calendar years.
       ``(4) Basic Grant Amount.--The amount of each basic grant 
     under this subsection for any fiscal year shall be up to 15 
     percent of the amount apportioned to the State for fiscal 
     year 1997 under section 402 of this title.
       ``(5) Alcohol-Impaired Driving Countermeasures: 
     Supplemental Grants.--During the period in which a State is 
     eligible for a basic grant under this subsection, the State 
     shall be eligible to receive a supplemental grant in no more 
     than 2 fiscal years of up to 5 percent of the amount 
     apportioned to the State in fiscal year 1997 under section 
     402 of this title. The State may receive a separate 
     supplemental grant for meeting each of the following 
     criteria:
       ``(A) Open Container Laws.--The State makes unlawful the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle located on a public highway or the 
     right-of-way of a public highway, except--
       ``(i) as allowed in the passenger area, by a person (other 
     than the driver), of any motor vehicle designed to transport 
     more than 10 passengers (including the driver) while being 
     used to provide charter transportation of passengers; or
       ``(ii) as otherwise specifically allowed by such State, 
     with the approval of the Secretary, but in no event may the 
     driver of such motor vehicle be allowed to possess or consume 
     an alcoholic beverage in the passenger area.
       ``(B) Mandatory Blood Alcohol Concentration Testing 
     Programs.--The State provides for mandatory blood alcohol 
     concentration testing whenever a law enforcement officer has 
     probable cause under State law to believe that a driver of a 
     motor vehicle involved in a crash resulting in the loss of 
     human life or, as determined by the Secretary, serious bodily 
     injury, has committed an alcohol-related traffic offense.
       ``(C) Video Equipment for Detection of Drunk Drivers.--The 
     State provides for a program to acquire video equipment to be 
     used in detecting persons who operate motor vehicles while 
     under the influence of alcohol and in prosecuting those 
     persons, and to train personnel in the use of that equipment.
       ``(D) Blood Alcohol Concentration for Persons Under Age 
     21.--The State enacts and enforces a law providing that any 
     person under age 21 with a blood alcohol concentration of 
     0.02 percent or greater when driving a motor vehicle shall be 
     deemed to be driving while intoxicated or driving under the 
     influence of alcohol, and further provides for a minimum 
     suspension of the person's driver's license for not less than 
     30 days.
       ``(E) Self-Sustaining Drunk Driving Prevention Program.--
     The State provides for a self-sustaining drunk driving 
     prevention program under which a significant portion of the 
     fines or surcharges collected from individuals apprehended 
     and fined for operating a motor vehicle while under the 
     influence of alcohol are returned to those communities which 
     have comprehensive programs for the prevention of such 
     operations of motor vehicles.
       ``(F) Reducing Driving With A Suspended License.--The State 
     enacts and enforces a law to reduce driving with a suspended 
     license. Such law, as determined by the Secretary, may 
     require a `zebra' stripe that is clearly visible on the 
     license plate of any motor vehicle owned and operated by a 
     driver with a suspended license.
       ``(G) Effective DWI Tracking System.--The State 
     demonstrates an effective driving while intoxicated (DWI) 
     tracking system. Such a system, as determined by the 
     Secretary, may include data covering arrests, case 
     prosecutions, court dispositions and sanctions, and provide 
     for the linkage of such data and traffic records systems to 
     appropriate jurisdictions and offices within the State.
       ``(H) Assessment of Persons Convicted of Abuse of 
     Controlled Substances; Assignment of Treatment for All DWI/
     DUI Offenders.--The State provides for assessment of 
     individuals convicted of driving while intoxicated or driving 
     under the influence of alcohol or controlled substances, and 
     for the assignment of appropriate treatment.
       ``(I) Use of Passive Alcohol Sensors.--The State provides 
     for a program to acquire passive alcohol sensors to be used 
     by police officers in detecting persons who operate motor 
     vehicles while under the influence of alcohol, and to train 
     police officers in the use of that equipment.
       ``(J) Effective Penalties for Provision or Sale of Alcohol 
     to Persons Under 21.--The State enacts and enforces a law 
     that provides for effective penalties or other consequences 
     for the sale or provision of alcoholic beverages to any 
     individual under 21 years of age. The Secretary shall 
     determine what penalties are effective.
       ``(6) Definitions.--For the purposes of this subsection, 
     the following definitions apply:
       ``(A) `Alcoholic beverage' has the meaning such term has 
     under section 158(c) of this title.
       ``(B) `Controlled substances' has the meaning such term has 
     under section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(C) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(D) `Open alcoholic beverage container' means any bottle, 
     can, or other receptacle--
       ``(i) which contains any amount of an alcoholic beverage; 
     and
       ``(ii)(I) which is open or has a broken seal, or
       ``(II) the contents of which are partially removed.
       ``(m) State Highway Safety Data Improvements.--The 
     Secretary shall make a grant to a State that takes effective 
     actions to improve the timeliness, accuracy, completeness, 
     uniformity, and accessibility of the State's data needed to 
     identify priorities within State and local highway and 
     traffic safety programs, to evaluate the effectiveness of 
     such efforts, and to link these State data systems, including 
     traffic records, together and with other data systems within 
     the State, such as systems that contain medical and economic 
     data:
       ``(1) First-Year Grant Eligibility.--A State is eligible 
     for a first-year grant under this subsection in a fiscal year 
     if such State either:
       ``(A) Demonstrates, to the satisfaction of the Secretary, 
     that it has--
       ``(i) established a Highway Safety Data and Traffic Records 
     Coordinating Committee with a multi-disciplinary membership 
     including the administrators, collectors, and users of such 
     data (including the public health, injury control, and motor 
     carrier communities) of highway safety and traffic records 
     databases;
       ``(ii) completed within the preceding 5 years a highway 
     safety data and traffic records assessment or audit of its 
     highway safety data and traffic records system; and
       ``(iii) initiated the development of a multi-year highway 
     safety data and traffic records strategic plan to be approved 
     by the Highway Safety Data and Traffic Records Coordinating 
     Committee that identifies and prioritizes its highway safety 
     data and traffic records needs and goals, and that identifies 
     performance-based measures by which

[[Page S11053]]

     progress toward those goals will be determined; or
       ``(B) Provides, to the satisfaction of the Secretary--
       ``(i) certification that it has met the provisions outlined 
     in clauses (A)(i) and (A)(ii) of subparagraph (A) of this 
     paragraph;
       ``(ii) a multi-year plan that identifies and prioritizes 
     the State's highway safety data and traffic records needs and 
     goals, that specifies how its incentive funds for the fiscal 
     year will be used to address those needs and the goals of the 
     plan, and that identifies performance-based measures by which 
     progress toward those goals will be determined; and
       ``(iii) certification that the Highway Safety Data and 
     Traffic Records Coordinating Committee continues to operate 
     and supports the multi-year plan described in clause (B)(ii) 
     of this subparagraph.
       ``(2) First-Year grant amount.--The amount of a first-year 
     grant made for State highway safety data and traffic records 
     improvements for any fiscal year to any State eligible for 
     such a grant under subparagraph (1)(A) of paragraph (A) of 
     this subsection shall equal $1,000,000, subject to the 
     availability of appropriations, and for any State eligible 
     for such a grant under subparagraph (1)(B) of this subsection 
     shall equal a proportional amount of the amount apportioned 
     to the State for fiscal year 1997 under section 402 of this 
     title, except that no State shall receive less than $250,000, 
     subject to the availability of appropriations. The Secretary 
     may award a grant of up to $25,000 for one year to any State 
     that does not meet the criteria established in paragraph (1). 
     The grant may only be used to conduct activities needed to 
     enable that State to qualify for first-year funding to begin 
     in the next fiscal year.
       ``(3) State highway safety data and traffic records 
     improvements; succeeding-year grants.--A State shall be 
     eligible for a grant in any fiscal year succeeding the first 
     fiscal year in which the State receives a State highway 
     safety data and traffic records grant if the State, to the 
     satisfaction of the Secretary:
       ``(A) Submits or updates a multi-year plan that identifies 
     and prioritizes the State's highway safety data and traffic 
     records needs and goals, that specifies how its incentive 
     funds for the fiscal year will be used to address those needs 
     and the goals of the plan, and that identifies performance-
     based measures by which progress toward those goals will be 
     determined;
       ``(B) Certifies that its Highway Safety Data and Traffic 
     Records Coordinating Committee continues to support the 
     multi-year plan; and
       ``(C) Reports annually on its progress in implementing the 
     multi-year plan.
       ``(4) Succeeding-Year Grant Amounts.--The amount of a 
     succeeding-year grant made for State highway safety data and 
     traffic records improvements for any fiscal year to any State 
     that is eligible for such a grant shall equal a proportional 
     amount of the amount apportioned to the State for fiscal year 
     1997 under section 402 of this title, except that no State 
     shall receive less than $225,000, subject to the availability 
     of appropriations.''.
       (g) Occupant Protection Program.--
       (1) In general.--Section 410 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 410. SAFETY BELTS AND OCCUPANT PROTECTION PROGRAM

       ``The Secretary shall make basic grants to those States 
     that adopt and implement effective programs to reduce highway 
     deaths and injuries resulting from persons riding 
     unrestrained or improperly restrained in motor vehicles. A 
     State may establish its eligibility for one or both of the 
     grants by adopting or demonstrating the following to the 
     satisfaction of the Secretary:
       ``(1) Basic Grant A.--At least 4 of the following:
       ``(A) Safety Belt Use Law for All Front Seat Occupants.--
     The State has in effect a safety belt use law that makes 
     unlawful throughout the State the operation of a passenger 
     motor vehicle whenever a person in the front seat of the 
     vehicle (other than a child who is secured in a child 
     restraint system) does not have a safety belt properly 
     secured about the person's body.
       ``(B) Primary safety belt use law.--The State provides for 
     primary enforcement of its safety belt use law.
       ``(C) Child passenger protection Law.--The State has in 
     effect a law that requires minors who are riding in a 
     passenger motor vehicle to be properly secured in a child 
     safety seat or other appropriate restraint system.
       ``(D) Child occupant protection education program.--The 
     State demonstrates implementation of a statewide 
     comprehensive child occupant protection education program 
     that includes education about proper seating positions for 
     children in air bag equipped motor vehicles and instruction 
     on how to reduce the improper use of child restraints 
     systems. The States are to submit to the Secretary an 
     evaluation or report on the effectiveness of the programs at 
     least three years after receipt of the grant.
       ``(E) Minimum fines.--The State requires a minimum fine of 
     at least $25 for violations of its safety belt use law and a 
     minimum fine of at least $25 for violations of its child 
     passenger protection law.
       ``(F) Special Traffic Enforcement Program.--The State 
     demonstrates implementation of a statewide Special Traffic 
     Enforcement Program for occupant protection that emphasizes 
     publicity for the program.
       ``(2) Basic grant B.--Both of the following:
       ``(A) State Safety Belt Use Rate.--The State demonstrates a 
     statewide safety belt use rate in both front outboard seating 
     positions in all passenger motor vehicles of 80 percent or 
     higher in each of the first 3 years a grant under this 
     paragraph is received, and of 85 percent or higher in each of 
     the fourth, fifth, and sixth years a grant under this 
     paragraph is received.
       ``(B) Survey Method.--The State follows safety belt use 
     survey methods which conform to guidelines issued by the 
     Secretary ensuring that such measurements are accurate and 
     representative.
       ``(3) Basic Grant Amount.--The amount of each basic grant 
     for which a State qualifies under this subsection for any 
     fiscal year shall equal up to 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under section 
     402 of this title.
       ``(4) Occupant Protection Program: Supplemental Grants.--
     During the period in which a State is eligible for a basic 
     grant under this subsection, the State shall be eligible to 
     receive a supplemental grant in a fiscal year of up to 5 
     percent of the amount apportioned to the State in fiscal year 
     1997 under section 402 of this title. The State may receive a 
     separate supplemental grant for meeting each of the following 
     criteria:
       ``(A) Penalty Points Against A Driver's License for 
     Violations of Child Passenger Protection Requirements.--The 
     State has in effect a law that requires the imposition of 
     penalty points against a driver's license for violations of 
     child passenger protection requirements.
       ``(B) Elimination of Non-Medical Exemptions to Safety Belt 
     and Child Passenger Protection Laws.--The State has in effect 
     safety belt and child passenger protection laws that contain 
     no nonmedical exemptions.
       ``(C) Safety Belt Use in Rear Seats.--The State has in 
     effect a law that requires safety belt use by all rear-seat 
     passengers in all passenger motor vehicles with a rear seat.
       ``(5) Definitions.--As used in this subsection--
       ``(A) `Child safety seat' means any device except safety 
     belts, designed for use in a motor vehicle to restrain, seat, 
     or position children who weigh 50 pounds or less.
       ``(B) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(C) `Multipurpose passenger vehicle' means a motor 
     vehicle with motive power (except a trailer), designed to 
     carry not more than 10 individuals, that is constructed 
     either on a truck chassis or with special features for 
     occasional off-road operation.
       ``(D) `Passenger car' means a motor vehicle with motive 
     power (except a multipurpose passenger vehicle, motorcycle, 
     or trailer) designed to carry not more than 10 individuals.
       ``(E) `Passenger motor vehicle' means a passenger car or a 
     multipurpose passenger motor vehicle.
       ``(F) `Safety belt' means--
       ``(i) with respect to open-body passenger vehicles, 
     including convertibles, an occupant restraint system 
     consisting of a lap belt or a lap belt and a detachable 
     shoulder belt; and
       ``(ii) with respect to other passenger vehicles, an 
     occupant restraint system consisting of integrated lap and 
     shoulder belts.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     4 of that chapter is amended by striking the item relating to 
     section 410 and inserting the following:

``410. Safety belts and occupant protection program''.

       (h) Drugged Driver Research and Demonstration Program.--
     Section 403(b) of title 23, United States Code, is amended--
       (1) by inserting ``(1)'' before ``In addition'';
       (2) by striking ``is authorized to'' and inserting 
     ``shall'';
       (3) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B); and
       (4) by inserting after subparagraph (B), as redesignated, 
     the following:
       ``(C) Measures that may deter drugged driving.''.

     SEC. 102. NATIONAL DRIVER REGISTER.

       (a) Transfer of Selected Functions to Non-Federal 
     Management.--Section 30302 is amended by adding at the end 
     thereof the following:
       ``(e) Transfer of Selected Functions to Non-Federal 
     Management.--(1) The Secretary may enter into an agreement 
     with an organization that represents the interests of the 
     States to manage, administer, and operate the National Driver 
     Register's computer timeshare and user assistance functions. 
     If the Secretary decides to enter into such an agreement, the 
     Secretary shall ensure that the management of these functions 
     is compatible with this chapter and the regulations issued to 
     implement this chapter.
       ``(2) Any transfer of the National Driver Register's 
     computer timeshare and user assistance functions to an 
     organization that represents the interests of the States 
     shall begin only after a determination is made by the 
     Secretary that all States are participating in the National 
     Driver Register's `Problem Driver Pointer System' (the system 
     used by the Register to effect the exchange of motor vehicle 
     driving records), and that the system is functioning 
     properly.
       ``(3) The agreement entered into under this subsection 
     shall include a provision for a

[[Page S11054]]

     transition period sufficient to allow the States to make the 
     budgetary and legislative changes they may need to pay fees 
     charged by the organization representing their interests for 
     their use of the National Driver Register's computer 
     timeshare and user assistance functions. During this 
     transition period, the Secretary (through the National 
     Highway Traffic Safety Administration) shall continue to fund 
     these transferred functions.
       ``(4) The total of the fees charged by the organization 
     representing the interests of the States in any fiscal year 
     for the use of the National Driver Register's computer 
     timeshare and user assistance functions shall not exceed the 
     total cost to the organization for performing these functions 
     in such fiscal year.
       ``(5) Nothing in this subsection shall be construed to 
     diminish, limit, or otherwise affect the authority of the 
     Secretary to carry out this chapter.''.
       (b) Access to Register Information.--Section 30305(b) is 
     amended--
       (1) by striking ``request.'' in paragraph (2) and inserting 
     the following: ``request, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request'';
       (2) by inserting after paragraph (6) the following:
       ``(7) The head of a Federal department or agency that 
     issues motor vehicle operator's licenses may request the 
     chief driver licensing official of a State to obtain 
     information under subsection (a) of this section about an 
     individual applicant for a motor vehicle operator's license 
     from such department or agency. The department or agency may 
     receive the information, provided it transmits to the 
     Secretary a report regarding any individual who is denied a 
     motor vehicle operator's license by that department or agency 
     for cause; whose motor vehicle operator's license is revoked, 
     suspended or canceled by that department or agency for cause; 
     or about whom the department or agency has been notified of a 
     conviction of any of the motor vehicle-related offenses or 
     comparable offenses listed in subsection 30304(a)(3) and over 
     whom the department or agency has licensing authority. The 
     report shall contain the information specified in subsection 
     30304(b).
       ``(8) The head of a Federal department or agency authorized 
     to receive information regarding an individual from the 
     Register under this section may request and receive such 
     information from the Secretary.'';
       (3) by redesignating paragraphs (7) and (8) as paragraphs 
     (9) and (10); and
       (4) by striking ``paragraph (2)'' in paragraph (10), as 
     redesignated, and inserting ``subsection (a) of this 
     section''.

     SEC. 103. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Highway Safety Programs.--The following sums are 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account):
       (1) Consolidated state highway safety programs.--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, United States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsection (l) of that 
     section--
       (i) $117,858,000 for fiscal year 1998;
       (ii) $123,492,000 for fiscal year 1999;
       (iii) $126,877,000 for fiscal year 2000;
       (iv) $130,355,000 for fiscal year 2001;
       (v) $133,759,000 for fiscal year 2002; and
       (vi) $141,803,000 for fiscal year 2003.
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of section 402(l) 
     of title 23, United States Code, by the National Highway 
     Traffic Safety Administration--
       (i) $30,570,000 for fiscal year 1998;
       (ii) $28,500,000 for fiscal year 1999;
       (iii) $29,273,000 for fiscal year 2000;
       (iv) $30,065,000 for fiscal year 2001;
       (v) $38,743,000 for fiscal year 2002; and
       (vi) $39,815,000 for fiscal year 2003.

     Amounts made available to carry out subsection (l) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (l) of section 402 of 
     title 23, United States Code, as necessary to ensure, to the 
     maximum extent possible, that States may receive the maximum 
     incentive funding for which they are eligible under these 
     programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of section 410 of title 23, United States 
     Code, by the National Highway Traffic Safety Administration--
       (i) $13,950,000 for fiscal year 1998;
       (ii) $14,618,000 for fiscal year 1999;
       (iii) $15,012,000 for fiscal year 2000;
       (iv) $15,418,000 for fiscal year 2001;
       (v) $17,640,000 for fiscal year 2002; and
       (vi) $17,706,000 for fiscal year 2003.

     Amounts made available to carry out subsection (m) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (m) to subsections (l), 
     (n), and (o) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (D) To carry out the State highway safety data improvements 
     incentive grant provisions of subsection 402(n) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration--
       (i) $8,370,000 for fiscal year 1998;
       (ii) $8,770,000 for fiscal year 1999;
       (iii) $9,007,000 for fiscal year 2000; and
       (iv) $9,250,000 for fiscal year 2001.

     Amounts made available to carry out subsection (n) are 
     authorized to remain available until expended.
       (E) To carry out the drugged driving research and 
     demonstration programs of section 403(b)(1) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $2,000,000 for each of fiscal years 1999, 
     2000, 2001, 2002, and 2003.
       Amounts made available to carry out subsection (o) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (o) to subsections (l), 
     (m), and (n) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (2) Section 403 highway safety and research.--For carrying 
     out the functions of the Secretary, by the National Highway 
     Traffic Safety Administration, for highway safety under 
     section 403 of title 23, United States Code, there are 
     authorized to be appropriated $60,100,000 for each of fiscal 
     years 1998, 1999, 2000, 2001, and 2002, and $61,700,000 for 
     fiscal year 2003.
       (3) Public education effort.--Out of funds made available 
     for carrying out programs under section 403 of title 23, 
     United States Code, for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003, the Secretary of Transportation 
     shall obligate at least $500,000 to educate the motoring 
     public on how to share the road safely with commercial motor 
     vehicles.
       (4) National driver register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration--
       (i) $1,605,000 for fiscal year 1998;
       (ii) $1,680,000 for fiscal year 1999;
       (iii) $1,726,000 for fiscal year 2000;
       (iv) $1,772,000 for fiscal year 2001;
       (v) $1,817,000 for fiscal year 2002; and
       (vi) $1,872,000 for fiscal year 2003.

      TITLE II--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

     SEC. 201. FINDINGS AND PURPOSES; DEFINITIONS.

       (a) Findings and Purposes.--Section 5101 is amended to read 
     as follows:

     ``Sec.  5101. FINDINGS AND PURPOSES

       ``(a) Findings.--The Congress finds with respect to 
     hazardous materials transportation that--
       ``(1) approximately 4 billion tons of regulated hazardous 
     materials are transported each year and that approximately 
     500,000 movements of hazardous materials occur each day, 
     according to the Department of Transportation estimates;
       ``(2) accidents involving the release of hazardous 
     materials are a serious threat to public health and safety;
       ``(3) many States and localities have enacted laws and 
     regulations that vary from Federal laws and regulations 
     pertaining to the transportation of hazardous materials, 
     thereby creating the potential for unreasonable hazards in 
     other jurisdictions and confounding shippers and carriers 
     that attempt to comply with multiple and conflicting 
     registration, permitting, routings, notification, loading, 
     unloading, incidental storage, and other regulatory 
     requirements;
       ``(4) because of the potential risks to life, property and 
     the environment posed by unintentional releases of hazardous 
     materials, consistency in laws and regulations governing the 
     transportation of hazardous materials, including loading, 
     unloading, and incidental storage, is necessary and 
     desirable;
       ``(5) in order to achieve greater uniformity and to promote 
     the public health, welfare, and safety at all levels, Federal 
     standards for regulating the transportation of hazardous 
     materials in intrastate, interstate, and foreign commerce are 
     necessary and desirable;
       ``(6) in order to provide reasonable, adequate, and cost-
     effective protection from the risks posed by the 
     transportation of hazardous materials, a network of 
     adequately trained State and local emergency response 
     personnel is required;
       ``(7) the movement of hazardous materials in commerce is 
     necessary and desirable to maintain economic vitality and 
     meet consumer demands, and shall be conducted in a safe and 
     efficient manner;
       ``(8) primary authority for the regulation of such 
     transportation should be consolidated in the Department of 
     Transportation to ensure the safe and efficient movement of 
     hazardous materials in commerce; and
       ``(9) emergency response personnel have a continuing need 
     for training on responses to releases of hazardous materials 
     in transportation and small businesses have a continuing need 
     for training on compliance with hazardous materials 
     regulations.
       ``(b) Purposes.--The purposes of this chapter are--
       ``(1) to ensure the safe and efficient transportation of 
     hazardous materials in intrastate, interstate, and foreign 
     commerce, including the loading, unloading, and incidental 
     storage of hazardous material;
       ``(2) to provide the Secretary with preemption authority to 
     achieve uniform regulation

[[Page S11055]]

     of hazardous material transportation, to eliminate 
     inconsistent rules that apply differently from Federal rules, 
     to ensure efficient movement of hazardous materials in 
     commerce, and to promote the national health, welfare, and 
     safety; and
       ``(3) to provide adequate training for public sector 
     emergency response teams to ensure safe responses to 
     hazardous material transportation accidents and incidents.''.
       (b) Definitions.--Section 5102 is amended by--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) `commerce' means trade or transportation in the 
     jurisdiction of the United States--
       ``(A) between a place in a State and a place outside of the 
     State;
       ``(B) that affects trade or transportation between a place 
     in a State and a place outside of the State; or
       ``(C) on a United States-registered aircraft.'';
       (2) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) `hazmat employee' means an individual who--
       ``(A) is--
       ``(i) employed by a hazmat employer,
       ``(ii) self-employed, or
       ``(iii) an owner-operator of a motor vehicle; and
       ``(B) during the course of employment--
       ``(i) loads, unloads, or handles hazardous material;
       ``(ii) manufactures, reconditions, or tests containers, 
     drums, or other packagings represented as qualified for use 
     in transporting hazardous material;
       ``(iii) performs any function pertaining to the offering of 
     hazardous material for transportation;
       ``(iv) is responsible for the safety of transporting 
     hazardous material; or
       ``(v) operates a vehicle used to transport hazardous 
     material.
       ``(4) `hazmat employer' means a person who--
       ``(A) either--
       ``(i) is self-employed,
       ``(ii) is an owner-operator of a motor vehicle, or
       ``(iii) has at least one employee; and
       ``(B) performs a function, or uses at least one employee, 
     in connection with--
       ``(i) transporting hazardous material in commerce;
       ``(ii) causing hazardous material to be transported in 
     commerce, or
       ``(iii) manufacturing, reconditioning, or testing 
     containers, drums, or other packagings represented as 
     qualified for use in transporting hazardous material.'';
       (3) by striking ``title. '' in paragraph (7) and inserting 
     ``title, except that a freight forwarder is included only if 
     performing a function related to highway transportation'';
       (4) by redesignating paragraphs (9) through (13) as 
     paragraphs (12) through (16);
       (5) by inserting after paragraph (8) the following:
       ``(9) `out-of-service order' means a mandate that an 
     aircraft, vessel, motor vehicle, train, other vehicle, or a 
     part of any of these, not be moved until specified conditions 
     have been met.
       ``(10) `package' or `outside package' means a packaging 
     plus its contents.
       ``(11) `packaging' means a receptacle and any other 
     components or materials necessary for the receptacle to 
     perform its containment function in conformance with the 
     minimum packaging requirements established by the Secretary 
     of Transportation.''; and
       (6) by striking ``or transporting hazardous material to 
     further a commercial enterprise;'' in paragraph 12(A), as 
     redesignated by paragraph (4) of this subsection, and 
     inserting a comma and ``transporting hazardous material to 
     further a commercial enterprise, or manufacturing, 
     reconditioning, or testing containers, drums, or other 
     packagings represented as qualified for use in transporting 
     hazardous material''.
       (c) Clerical Amendment.--The chapter analysis of chapter 51 
     is amended by striking the item relating to section 5101 and 
     inserting the following:

``5101. Findings and purposes''.

     SEC. 202. HANDLING CRITERIA REPEAL.

       Section 5106 is repealed and the chapter analysis of 
     chapter 51 is amended by striking the item relating to that 
     section.

     SEC. 203. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

       Section 5107(f)(2) is amended by striking ``and sections 
     5106, 5108(a)-(g)(1) and (h), and''.

     SEC. 204. REGISTRATION.

       Section 5108 is amended by--
       (1) by striking subsection (b)(1)(C) and inserting the 
     following:
       ``(C) each State in which the person carries out any of the 
     activities.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Filing Schedule.--Each person required to file a 
     registration statement under subsection (a) of this section 
     shall file that statement annually in accordance with 
     regulations issued by the Secretary.'';
       (3) by striking ``552(f)'' in subsection (f) and inserting 
     ``552(b)'';
       (4) by striking ``may'' in subsection (g)(1) and inserting 
     ``shall''; and
       (5) by inserting ``or an Indian tribe,'' in subsection 
     (i)(2)(B) after ``State,''.

     SEC. 205. SHIPPING PAPER RETENTION.

       Section 5110(e) is amended by striking the first sentence 
     and inserting ``After expiration of the requirement in 
     subsection (c) of this section, the person who provided the 
     shipping paper and the carrier required to maintain it under 
     subsection (a) of this section shall retain the paper or an 
     electronic image thereof, for a period of 1 year after the 
     shipping paper was provided to the carrier, to be accessible 
     through their respective principal places of business.''.

     SEC. 206. UNSATISFACTORY SAFETY RATING.

       Section 5113(d) is amended by striking ``Secretary, in 
     consultation with the Interstate Commerce Commission,'' and 
     inserting ``Secretary''.

     SEC. 207. PUBLIC SECTOR TRAINING CURRICULUM.

       Section 5115 is amended by--
       (1) by striking ``Development and updating.--Not later than 
     November 16, 1992, in'' in subsection (a) and inserting 
     ``Updating.--In'';
       (2) by striking ``develop and'' in the first sentence of 
     subsection (a);
       (3) by striking the second sentence of subsection (a);
       (4) by striking ``developed'' in the first sentence of 
     subsection (b);
       (5) by inserting ``or involving an alternative fuel 
     vehicle'' after ``material'' in subparagraphs (A) and (B) of 
     subsection (b)(1); and
       (6) by striking subsection (d) and inserting the following:
       ``(d) Distribution and publication.--With the national 
     response team, the Secretary of Transportation may publish a 
     list of programs that use a course developed under this 
     section for training public sector employees to respond to an 
     accident or incident involving the transportation of 
     hazardous material.''.

     SEC. 208. PLANNING AND TRAINING GRANTS.

       Section 5116 is amended by--
       (1) by striking ``of'' in the second sentence of subsection 
     (e) and inserting ``received by'';
       (2) by striking subsection (f) and inserting the following:
       ``(f) Monitoring and Technical Assistance.--The Secretary 
     of Transportation shall monitor public sector emergency 
     response planning and training for an accident or incident 
     involving hazardous material. Considering the results of the 
     monitoring, the Secretary shall provide technical assistance 
     to a State, political subdivision of a State, or Indian tribe 
     for carrying out emergency response training and planning for 
     an accident or incident involving hazardous material and 
     shall coordinate the assistance using the existing 
     coordinating mechanisms of the National Response Team for Oil 
     and Hazardous Substances and, for radioactive material, the 
     Federal Radiological Preparedness Coordinating Committee.''; 
     and
       (3) by adding at the end thereof the following:
       ``(l) Small businesses.--The Secretary may authorize a 
     State or Indian tribe receiving a grant under this section to 
     use up to 25 percent of the amount of the grant to assist 
     small businesses in complying with regulations issued under 
     this chapter.''.

     SEC. 209. SPECIAL PERMITS AND EXCLUSIONS.

       (a) Section 5117 is amended by--
       (1) by striking the section caption and inserting the 
     following:

     ``Sec.  5117. SPECIAL PERMITS AND EXCLUSIONS'';

       (2) by striking ``exemption'' each place it appears and 
     inserting ``special permit'';
       (3) by inserting ``authorizing variances'' after ``special 
     permit'' the first place it appears; and
       (4) by striking ``2'' and inserting ``4'' in subsection 
     (a)(2).
       (b) Section 5119(c) is amended by adding at the end thereof 
     the following:
       ``(4) Pending promulgation of regulations under this 
     subsection, States may participate in a program of uniform 
     forms and procedures recommended by the working group under 
     subsection (b).''
       (c) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5117 and inserting the 
     following:

``5117. Special permits and exclusions''.

     SEC. 210. ADMINISTRATION.

       (a) Section 5121 is amended by striking subsections (a), 
     (b), and (c) and redesignating subsections (d) and (e) as 
     subsections (a) and (b).
       (b) Section 5122 is amended by redesignating subsections 
     (a), (b), and (c) as subsections (d), (e), and (f), and by 
     inserting before subsection (d), as redesignated, the 
     following:
       ``(a) General authority.--To carry out this chapter, the 
     Secretary of Transportation may investigate, make reports, 
     issue subpenas, conduct hearings, require the production of 
     records and property, take depositions, and conduct research, 
     development, demonstration, and training activities. After 
     notice and an opportunity for a hearing, the Secretary may 
     issue an order requiring compliance with this chapter or a 
     regulation prescribed under this chapter.
       ``(b) Records, Reports, and Information.--A person subject 
     to this chapter shall--
       ``(1) maintain records, make reports, and provide 
     information the Secretary by regulation or order requires; 
     and
       ``(2) make the records, reports, and information available 
     when the Secretary requests.
       ``(c) Inspection.--
       ``(1) The Secretary may authorize an officer, employee, or 
     agent to inspect, at a reasonable time and in a reasonable 
     way, records and property related to--

[[Page S11056]]

       ``(A) manufacturing, fabricating, marking, maintaining, 
     reconditioning, repairing, testing, or distributing a 
     packaging or a container for use by a person in transporting 
     hazardous material in commerce; or
       ``(B) the transportation of hazardous material in commerce.
       ``(2) An officer, employee, or agent under this subsection 
     shall display proper credentials when requested.''.

     SEC. 211. COOPERATIVE AGREEMENTS.

       Section 5121, as amended by section 310(a), is further 
     amended by adding at the end thereof the following:
       ``(c) Authority for Cooperative Agreements.--To carry out 
     this chapter, the Secretary may enter into grants, 
     cooperative agreements, and other transactions with a person, 
     agency or instrumentality of the United States, a unit of 
     State or local government, an Indian tribe, a foreign 
     government (in coordination with the State Department), an 
     educational institution, or other entity to further the 
     objectives of this chapter. The objectives of this chapter 
     include the conduct of research, development, demonstration, 
     risk assessment, emergency response planning and training 
     activities.''.

     SEC. 212. ENFORCEMENT.

       Section 5122, as amended by section 310(b), is further 
     amended by--
       (1) by inserting ``inspect,'' after ``may'' in the first 
     sentence of subsection (a);
       (2) by striking the last sentence of subsection (a) and 
     inserting: ``Except as provided in subsection (e) of this 
     section, the Secretary shall provide notice and an 
     opportunity for a hearing prior to issuing an order requiring 
     compliance with this chapter or a regulation, order, special 
     permit, or approval issued under this chapter.'';
       (2) by redesignating subsections (d), (e) and (f) as 
     subsections (f), (g) and (h), and inserting after subsection 
     (c) the following:
       ``(d) Other Authority.--
       ``(1) Inspection.--During inspections and investigations, 
     officers, employees, or agents of the Secretary may--
       ``(A) open and examine the contents of a package offered 
     for, or in, transportation when--
       ``(i) the package is marked, labeled, certified, placarded, 
     or otherwise represented as containing a hazardous material, 
     or
       ``(ii) there is an objectively reasonable and articulable 
     belief that the package may contain a hazardous material;
       ``(B) take a sample, sufficient for analysis, of material 
     marked or represented as a hazardous material or for which 
     there is an objectively reasonable and articulable belief 
     that the material may be a hazardous material, and analyze 
     that material;
       ``(C) when there is an objectively reasonable and 
     articulable belief that an imminent hazard may exist, prevent 
     the further transportation of the material until the 
     hazardous qualities of that material have been determined; 
     and
       ``(D) when safety might otherwise be compromised, authorize 
     properly qualified personnel to conduct the examination, 
     sampling, or analysis of a material.
       ``(2) Notification.--No package opened pursuant to this 
     subsection shall continue its transportation until the 
     officer, employee, or agent of the Secretary--
       ``(A) affixes a label to the package indicating that the 
     package was inspected pursuant to this subsection; and
       ``(B) notifies the shipper that the package was opened for 
     examination.
       ``(e) Emergency Orders.--
       ``(1) If, through testing, inspection, investigation, or 
     research carried out under this chapter, the Secretary 
     decides that an unsafe condition or practice, or a 
     combination of them, causes an emergency situation involving 
     a hazard of death, personal injury, or significant harm to 
     the environment, the Secretary may immediately issue or 
     impose restrictions, prohibitions, recalls, or out-of-service 
     orders, without notice or the opportunity for a hearing, that 
     may be necessary to abate the situation.
       ``(2) The Secretary's action under this subsection must be 
     in a written order describing the condition or practice, or 
     combination of them, that causes the emergency situation; 
     stating the restrictions, prohibitions, recalls, or out-of-
     service orders being issued or imposed; and prescribing 
     standards and procedures for obtaining relief from the order.
       ``(3) After taking action under this subsection, the 
     Secretary shall provide an opportunity for review of that 
     action under section 554 of title 5.
       ``(4) If a petition for review is filed and the review is 
     not completed by the end of the 30-day period beginning on 
     the date the petition was filed, the action will cease to be 
     effective at the end of that period unless the Secretary 
     determines in writing that the emergency situation still 
     exists.''.

     SEC. 213. PENALTIES.

       (a) Section 5123(a)(1) is amended by striking the first 
     sentence and inserting the following: ``A person that 
     knowingly violates this chapter or a regulation, order, 
     special permit, or approval issued under this chapter is 
     liable to the United States Government for a civil penalty of 
     at least $250 but not more than $27,500 for each 
     violation.''.
       (b) Section 5123(c)(2) is amended to read as follows:
       ``(2) with respect to the violator, the degree of 
     culpability, any good-faith efforts to comply with the 
     applicable requirements, any history of prior violations, any 
     economic benefit resulting from the violation, the ability to 
     pay, and any effect on the ability to continue to do 
     business; and''.
       (c) Section 5124 is amended to read as follows:

     ``Sec.  5124. CRIMINAL PENALTY

       ``(a) In General.--A person knowingly violating section 
     5104(b) of this title or willfully violating this chapter or 
     a regulation, order, special permit, or approval issued under 
     this chapter, shall be fined under title 18, imprisoned for 
     not more than 5 years, or both.
       ``(b) Aggravated Violations.--A person knowingly violating 
     section 5104(b) of this title or willfully violating this 
     chapter or a regulation, order, special permit, or approval 
     issued under this chapter, and thereby causing the release of 
     a hazardous material, shall be fined under title 18, 
     imprisoned for not more than 20 years, or both.''.

     SEC. 214. PREEMPTION.

       (a) Requirements Contrary to Purposes of Chapter.--Section 
     5125(a)(2) is amended by inserting a comma and ``the purposes 
     of this chapter,'' after ``this chapter'' the first place it 
     appears.
       (b) Deadwood.--Section 5125(b)(2) is amended by striking 
     ``prescribes after November 16, 1990.'' and inserting 
     ``prescribes.''.
       (c) Independent Application of Preemption Standards.--
     Section 5125 is amended by adding at the end thereof the 
     following:
       ``(h) Independent Application of Each Standard.--Each 
     preemption standard in subsections (a), (b)(1), (c), and (g) 
     of this section and section 5119(c)(2) is independent in its 
     application to a requirement of any State, political 
     subdivision of a State, or Indian tribe.''.

     SEC. 215. JUDICIAL REVIEW.

       (a) Chapter 51 is amended by redesignating section 5127 as 
     section 5128, and by inserting after section 5126 the 
     following new section:

     ``Sec.  5127. JUDICIAL REVIEW

       ``(a) Filing and Venue.--Except as provided in section 
     20114(c) of this title, a person disclosing a substantial 
     interest in a final order issued, under the authority of 
     section 5122 or 5123 of this title, by the Secretary of 
     Transportation, the Administrators of the Research and 
     Special Programs Administration, the Federal Aviation 
     Administration, or the Federal Highway Administration, or the 
     Commandant of the United States Coast Guard (`modal 
     Administrator'), with respect to the duties and powers 
     designated to be carried out by the Secretary under this 
     chapter, may apply for review in the United States Court of 
     Appeals for the District of Columbia or in the court of 
     appeals for the United States for the circuit in which the 
     person resides or has its principal place of business. The 
     petition must be filed not more than 60 days after the order 
     is issued. The court may allow the petition to be filed after 
     the 60th day only if there are reasonable grounds for not 
     filing by the 60th day.
       ``(b) Judicial Procedures.--When a petition is filed under 
     subsection (a) of this section, the clerk of the court 
     immediately shall send a copy of the petition to the 
     Secretary or the modal Administrator, as appropriate. The 
     Secretary or the modal Administrator shall file with the 
     court a record of any proceeding in which the order was 
     issued, as provided in section 2112 of title 28.
       ``(c) Authority of Court.--When the petition is sent to the 
     Secretary or the modal Administrator, the court has exclusive 
     jurisdiction to affirm, amend, modify, or set aside any part 
     of the order and may order the Secretary or the modal 
     Administrator to conduct further proceedings. After 
     reasonable notice to the Secretary or the modal 
     Administrator, the court may grant interim relief by staying 
     the order or taking other appropriate action when good cause 
     for its action exists. Findings of fact by the Secretary or 
     the modal Administrator, if supported by substantial 
     evidence, are conclusive.
       ``(d) Requirement for Prior Objection.--In reviewing a 
     final order under this section, the court may consider an 
     objection to a final order of the Secretary or the modal 
     Administrator only if the objection was made in the course of 
     a proceeding or review conducted by the Secretary, the modal 
     Administrator, or an administrative law judge, or if there 
     was a reasonable ground for not making the objection in the 
     proceeding.
       ``(e) Supreme Court Review.--A decision by a court under 
     this section may be reviewed only by the Supreme Court under 
     section 1254 of title 28, United States Code.''.
       (b) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5127 and inserting the 
     following:

``5127. Judicial review.''.
``5128. Authorization of appropriations.''.

     SEC. 216. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 215 of 
     this Act, is amended by redesignating section 5128 as section 
     5129 and by inserting after section 5127 the following:

     ``Sec.  5128. HIGH RISK HAZARDOUS MATERIAL; MOTOR CARRIER 
                   SAFETY STUDY

       ``(a) Study.--The Secretary of Transportation shall conduct 
     a study--
       ``(1) to determine the safety benefits and administrative 
     efficiency of implementing a Federal permit program for high 
     risk hazardous material carriers;
       ``(2) to identify and evaluate alternative regulatory 
     methods and procedures that may improve the safety of high 
     risk hazardous material carriers and shippers;
       ``(3) to examine the safety benefits of increased 
     monitoring of high risk hazardous material carriers, and the 
     costs, benefits, and procedures of existing State permit 
     programs;

[[Page S11057]]

       ``(4) to make such recommendations as may be appropriate 
     for the improvement of uniformity among existing State permit 
     programs; and
       ``(5) to assess the potential of advanced technologies for 
     improving the assessment of high risk hazardous material 
     carriers' compliance with motor carrier safety regulations.
       ``(b) Timeframe.--The Secretary shall begin the study 
     required by subsection (a) within 6 months after the date of 
     enactment of the Intermodal Transportation Safety Act of 1997 
     and complete it within 30 months.
       ``(c) Report.--The Secretary shall report the findings of 
     the study required by subsection (a), together with such 
     recommendations as may be appropriate, within 36 months after 
     the date of enactment of that Act.''.
       (b) Section 5109 Regulations to Reflect Study Findings.--
     Section 5109(h) is amended by striking ``not later than 
     November 16, 1991.'' and inserting ``based upon the findings 
     of the study required by section 5128(a).''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     51, as amended by section 315, is amended by striking the 
     item relating to section 5128 and inserting the following:

``5128. High risk hazardous material; motor carrier safety study
``5129. Authorization of appropriations''.

     SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

       Section 5129, as redesignated, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General.--There are authorized to be appropriated to 
     the Secretary of Transportation to carry out this chapter 
     (except sections 5107(e), 5108(g)(2), 5113, 5115, and 5116) 
     not more than--
       ``(1) $15,492,000 for fiscal year 1998;
       ``(2) $16,000,000 for fiscal year 1999;
       ``(3) $16,500,000 for fiscal year 2000;
       ``(4) $17,000,000 for fiscal year 2001;
       ``(5) $17,500,000 for fiscal year 2002; and
       ``(6) $18,000,000 for fiscal year 2003.''; and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Training Curriculum.--Not more than $200,000 is 
     available to the Secretary of Transportation from the account 
     established under section 5116(i) of this title for each of 
     the fiscal years ending September 30, 1999-2003, to carry out 
     section 5115 of this title.
       ``(d) Planning and Training.--
       (1) Not more than $2,444,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) of this title for the fiscal year ending September 
     30, 1998, and such sums as may be necessary for fiscal years 
     1999-2003, to carry out section 5116(a) of this title.
       ``(2) Not more than $3,666,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) of this title for the fiscal year 
     ending September 30, 1998, and such sums as may be necessary 
     for fiscal years 1999-2003, to carry out section 5116(b) of 
     this title.
       ``(3) Not more than $600,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) of this title for the fiscal year ending September 
     30, 1998, and such sums as may be necessary for fiscal years 
     1999-2003, to carry out section 5116(f) of this title.''.
             TITLE III--COMPREHENSIVE ONE-CALL NOTIFICATION

     SEC. 301. FINDINGS.

       The Congress finds that--
       (1) unintentional damage to underground facilities during 
     excavation is a significant cause of disruptions in 
     telecommunications, water supply, electric power and other 
     vital public services, such as hospital and air traffic 
     control operations, and is a leading cause of natural gas and 
     hazardous liquid pipeline accidents;
       (2) excavation that is performed without prior notification 
     to an underground facility operator or with inaccurate 
     marking of such a facility prior to excavation can cause 
     damage that results in fatalities, serious injuries, harm to 
     the environment and disruption of vital services to the 
     public; and
       (3) protection of the public and the environment from the 
     consequences of underground facility damage caused by 
     excavations will be enhanced by a coordinated national effort 
     to improve one-call notification programs in each State and 
     the effectiveness and efficiency of one-call notification 
     systems that operate under such programs.

     SEC. 302. ESTABLISHMENT OF ONE-CALL NOTIFICATION PROGRAMS.

       (a) In General.--Subtitle III is amended by adding at the 
     end thereof the following:

``Chapter 61. ONE-CALL NOTIFICATION PROGRAMS
``Sec.
``6101. Purposes
``6102. Definitions
``6103. Minimum standards for State one-call notification programs
``6104. Compliance with minimum standards
``6105. Review of one-call system best practices
``6106. Grants to States
``6107. Authorization of appropriations

     ``Sec.  6101. PURPOSES

       ``The purposes of this chapter are--
       ``(1) to enhance public safety;
       ``(2) to protect the environment;
       ``(3) to minimize risks to excavators; and
       ``(4) to prevent disruption of vital public services,
     by reducing the incidence of damage to underground facilities 
     during excavation through the adoption and efficient 
     implementation by all States of State one-call notification 
     programs that meet the minimum standards set forth under 
     section 6103.

     ``Sec.  6102. DEFINITIONS

       ``For purposes of this chapter--
       ``(1) One-call notification system.--The term ``one-call 
     notification system'' means a system operated by an 
     organization that has as one of its purposes to receive 
     notification from excavators of intended excavation in a 
     specified area in order to disseminate such notification to 
     underground facility operators that are members of the system 
     so that such operators can locate and mark their facilities 
     in order to prevent damage to underground facilities in the 
     course of such excavation.
       ``(2) State one-call notification program.--The term 
     ``State one-call notification program'' means the State 
     statutes, regulations, orders, judicial decisions, and other 
     elements of law and policy in effect in a State that 
     establish the requirements for the operation of one-call 
     notification systems in such State.
       ``(3) State.--The term `State' means a State, the District 
     of Columbia, and Puerto Rico.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

     ``Sec.  6103. MINIMUM STANDARDS FOR STATE ONE-CALL 
                   NOTIFICATION PROGRAMS

       ``(a) Minimum Standards.--A State one-call notification 
     program shall, at a minimum, provide for--
       ``(1) appropriate participation by all underground facility 
     operators;
       ``(2) appropriate participation by all excavators; and
       ``(3) flexible and effective enforcement under State law 
     with respect to participation in, and use of, one-call 
     notification systems.
       ``(b) Appropriate Participation.--In determining the 
     appropriate extent of participation required for types of 
     underground facilities or excavators under subsection (a), a 
     State shall assess, rank, and take into consideration the 
     risks to the public safety, the environment, excavators, and 
     vital public services associated with--
       ``(1) damage to types of underground facilities; and
       ``(2) activities of types of excavators.
       ``(c) Implementation.--A State one-call notification 
     program also shall, at a minimum, provide for--
       ``(1) consideration of the ranking of risks under 
     subsection (b) in the enforcement of its provisions;
       ``(2) a reasonable relationship between the benefits of 
     one-call notification and the cost of implementing and 
     complying with the requirements of the State one-call 
     notification program; and
       ``(3) voluntary participation where the State determines 
     that a type of underground facility or an activity of a type 
     of excavator poses a de minimis risk to public safety or the 
     environment.
       ``(d) Penalties.--To the extent the State determines 
     appropriate and necessary to achieve the purposes of this 
     chapter, a State one-call notification program shall, at a 
     minimum, provide for--
       ``(1) administrative or civil penalties commensurate with 
     the seriousness of a violation by an excavator or facility 
     owner of a State one-call notification program;
       ``(2) increased penalties for parties that repeatedly 
     damage underground facilities because they fail to use one-
     call notification systems or for parties that repeatedly fail 
     to provide timely and accurate marking after the required 
     call has been made to a one-call notification system;
       ``(3) reduced or waived penalties for a violation of a 
     requirement of a State one-call notification program that 
     results in, or could result in, damage that is promptly 
     reported by the violator;
       ``(4) equitable relief; and
       ``(5) citation of violations.

     ``Sec.  6104. COMPLIANCE WITH MINIMUM STANDARDS

       ``(a) Requirement.--In order to qualify for a grant under 
     section 6106, each State shall, within 2 years after the date 
     of the enactment of the Intermodal Transportation Safety Act 
     of 1997, submit to the Secretary a grant application under 
     subsection (b).
       ``(b) Application.--
       ``(1) Upon application by a State, the Secretary shall 
     review that State's one-call notification program, including 
     the provisions for implementation of the program and the 
     record of compliance and enforcement under the program.
       ``(2) Based on the review under paragraph (1), the 
     Secretary shall determine whether the State's one-call 
     notification program meets the minimum standards for such a 
     program set forth in section 6103 in order to qualify for a 
     grant under section 6106.
       ``(3) In order to expedite compliance under this section, 
     the Secretary may consult with the State as to whether an 
     existing State one-call notification program, a specific 
     modification thereof, or a proposed State program would 
     result in a positive determination under paragraph (2).
       ``(4) The Secretary shall prescribe the form of, and manner 
     of filing, an application under this section that shall 
     provide sufficient information about a State's one-call 
     notification program for the Secretary to evaluate its 
     overall effectiveness. Such information may include the 
     nature and reasons for exceptions from required 
     participation,

[[Page S11058]]

     the types of enforcement available, and such other 
     information as the Secretary deems necessary.
       ``(5) The application of a State under paragraph (1) and 
     the record of actions of the Secretary under this section 
     shall be available to the public.
       ``(c) Alternative Program--A State may maintain an 
     alternative one-call notification program if that program 
     provides protection for public safety, the environment, or 
     excavators that is equivalent to, or greater than, protection 
     under a program that meets the minimum standards set forth in 
     section 6103.
       ``(d) Report--Within 3 years after the date of the 
     enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary shall begin to include the following 
     information in reports submitted under section 60124 of this 
     title--
       ``(1) a description of the extent to which each State has 
     adopted and implemented the minimum Federal standards under 
     section 6103 or maintains an alternative program under 
     subsection (c);
       ``(2) an analysis by the Secretary of the overall 
     effectiveness of the State's one-call notification program 
     and the one-call notification systems operating under such 
     program in achieving the purposes of this chapter;
       ``(3) the impact of the State's decisions on the extent of 
     required participation in one-call notification systems on 
     prevention of damage to underground facilities; and
       ``(4) areas where improvements are needed in one-call 
     notification systems in operation in the State.

     The report shall also include any recommendations the 
     Secretary determines appropriate. If the Secretary determines 
     that the purposes of this chapter have been substantially 
     achieved, no further report under this section shall be 
     required.

     ``Sec.  6105. REVIEW OF ONE-CALL SYSTEM BEST PRACTICES

       ``(a) Study of Existing One-call Systems.--Except as 
     provided in subsection (d), the Secretary, in consultation 
     with other appropriate Federal agencies, State agencies, one-
     call notification system operators, underground facility 
     operators, excavators, and other interested parties, shall 
     undertake a study of damage prevention practices associated 
     with existing one-call notification systems.
       ``(b) Purpose of Study of Damage Prevention Practices.--The 
     purpose of the study is to assemble information in order to 
     determine which existing one-call notification systems 
     practices appear to be the most effective in preventing 
     damage to underground facilities and in protecting the 
     public, the environment, excavators, and public service 
     disruption. As part of the study, the Secretary shall at a 
     minimum consider--
       ``(1) the methods used by one-call notification systems and 
     others to encourage participation by excavators and owners of 
     underground facilities;
       ``(2) the methods by which one-call notification systems 
     promote awareness of their programs, including use of public 
     service announcements and educational materials and programs;
       ``(3) the methods by which one-call notification systems 
     receive and distribute information from excavators and 
     underground facility owners;
       ``(4) the use of any performance and service standards to 
     verify the effectiveness of a one-call notification system;
       ``(5) the effectiveness and accuracy of mapping used by 
     one-call notification systems;
       ``(6) the relationship between one-call notification 
     systems and preventing intentional damage to underground 
     facilities;
       ``(7) how one-call notification systems address the need 
     for rapid response to situations where the need to excavate 
     is urgent;
       ``(8) the extent to which accidents occur due to errors in 
     marking of underground facilities, untimely marking or errors 
     in the excavation process after a one-call notification 
     system has been notified of an excavation;
       ``(9) the extent to which personnel engaged in marking 
     underground facilities may be endangered;
       ``(10) the characteristics of damage prevention programs 
     the Secretary believes could be relevant to the effectiveness 
     of State one-call notification programs; and
       ``(11) the effectiveness of penalties and enforcement 
     activities under State one-call notification programs in 
     obtaining compliance with program requirements.
       ``(c) Report--Within 1 year after the date of the enactment 
     of the Intermodal Transportation Safety Act of 1997, the 
     Secretary shall publish a report identifying those practices 
     of one-call notification systems that are the most and least 
     successful in--
       ``(1) preventing damage to underground facilities; and
       ``(2) providing effective and efficient service to 
     excavators and underground facility operators.

     The Secretary shall encourage States and operators of one-
     call notification programs to adopt and implement the most 
     successful practices identified in the report.
       ``(d)  Secretarial Discretion--Prior to undertaking the 
     study described in subsection (a), the Secretary shall 
     determine whether timely information described in subsection 
     (b) is readily available. If the Secretary determines that 
     such information is readily available, the Secretary is not 
     required to carry out the study.

     ``Sec.  6106. Grants to States

       ``(a) In General.--The Secretary may make a grant of 
     financial assistance to a State that qualifies under section 
     6104(b) to assist in improving--
       ``(1) the overall quality and effectiveness of one-call 
     notification systems in the State;
       ``(2) communications systems linking one-call notification 
     systems;
       ``(3) location capabilities, including training personnel 
     and developing and using location technology;
       ``(4) record retention and recording capabilities for one-
     call notification systems;
       ``(5) public information and education;
       ``(6) participation in one-call notification systems; or
       ``(7) compliance and enforcement under the State one-call 
     notification program.
       ``(b) State Action Taken into Account.--In making grants 
     under this section the Secretary shall take into 
     consideration the commitment of each State to improving its 
     State one-call notification program, including legislative 
     and regulatory actions taken by the State after the date of 
     enactment of the Intermodal Transportation Safety Act of 
     1997.
       ``(c) Funding for One-Call Notification Systems.--A State 
     may provide funds received under this section directly to any 
     one-call notification system in such State that substantially 
     adopts the best practices identified under section 6105.

     ``Sec.  6107. Authorization of appropriations

       ``(a) For Grants to States.--There are authorized to be 
     appropriated to the Secretary in fiscal year 1999 no more 
     than $1,000,000 and in fiscal year 2000 no more than 
     $5,000,000, to be available until expended, to provide grants 
     to States under section 6106.
       ``(b) For Administration.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     during fiscal years 1998, 1999, and 2000 to carry out 
     sections 6103, 6104, and 6105.
       ``(c) General Revenue Funding.--Any sums appropriated under 
     this section shall be derived from general revenues and may 
     not be derived from amounts collected under section 60301 of 
     this title.''.
       (b) Conforming Amendments.--
       (1) The analysis of chapters for subtitle III is amended by 
     adding at the end thereof the following:

             ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM''.

       (2) Chapter 601 of title 49, United States Code, is 
     amended--
       (A) by striking ``sections 60114 and'' in section 60105(a) 
     of that chapter and inserting ``section'';
       (B) by striking section 60114 and the item relating to that 
     section in the table of sections for that chapter;
       (C) by striking ``60114(c), 60118(a),'' in section 
     60122(a)(1) of that chapter and inserting ``60118(a),'';
       (D) by striking ``60114(c) or'' in section 60123(a) of that 
     chapter;
       (E) by striking ``sections 60107 and 60114(b)'' in 
     subsections (a) and (b) of section 60125 and inserting 
     ``section 60107'' in each such subsection; and
       (F) by striking subsection (d) of section 60125, and 
     redesignating subsections (e) and (f) of that section as 
     subsections (d) and (e).
                     TITLE IV--MOTOR CARRIER SAFETY

     SEC. 401. STATEMENT OF PURPOSE.

       Chapter 311 is amended--
       (1) by inserting before section 31101 the following:

     ``Sec.  31100. PURPOSE

       ``The purposes of this subchapter are--
       ``(1) to improve commercial motor vehicle and driver 
     safety;
       ``(2) to facilitate efforts by the Secretary, States, and 
     other political jurisdictions, working in partnership, to 
     focus their resources on strategic safety investments;
       ``(3) to increase administrative flexibility;
       ``(4) to strengthen enforcement activities;
       ``(5) to invest in activities related to areas of the 
     greatest crash reduction;
       ``(6) to identify high risk carriers and drivers; and
       ``(7) to improve information and analysis systems.''; and
       (2) by inserting before the item relating to section 31101 
     in the chapter analysis for chapter 311 the following:

     ``Sec. 31100. Purposes''.

     SEC. 402. GRANTS TO STATES.

       (a) Performance-based Grants.--Section 31102 is amended--
       (1) by inserting ``improving motor carrier safety and'' in 
     subsection (a) after ``programs for''; and
       (2) by striking ``adopt and assume responsibility for 
     enforcing'' in the first sentence of paragraph (b)(1) and 
     inserting ``assume responsibility for improving motor carrier 
     safety and to adopt and enforce''.
       (b) Hazardous Materials.--Section 31102 is amended--
       (1) by inserting a comma and ``hazardous materials 
     transportation safety,'' after ``commercial motor vehicle 
     safety'' in subsection (a); and
       (2) by inserting a comma and ``hazardous materials 
     transportation safety,'' in the first sentence of subsection 
     (b) after ``commercial motor vehicle safety''.
       (c) Contents of State Plans.--Section 31102(b)(1) is 
     amended--
       (1) by redesignating subparagraphs (A) through (Q) as 
     subparagraphs (B) through (R), respectively;

[[Page S11059]]

       (2) by inserting before subparagraph (B), as redesignated, 
     the following:
       ``(A) implements performance-based activities by fiscal 
     year 2000;''
       (3) by inserting ``(1)'' in subparagraph (K), as 
     redesignated, after ``(c)''; and
       (4) by striking subparagraphs (L), (M), and (N) as 
     redesignated, and inserting the following:
       ``(L) ensures consistent, effective, and reasonable 
     sanctions;
       ``(M) ensures that the State agency will coordinate the 
     plan, data collection, and information systems with the State 
     highway safety programs under title 23;
       ``(N) ensures participation in SAFETYNET by all 
     jurisdictions receiving funding;'';
       (6) by striking ``activities--'' in subparagraph (P), as 
     redesignated, and inserting ``activities in support of 
     national priorities and performance goals including--'';
       (7) by striking ``to remove'' in clause (i) of subparagraph 
     (P), as redesignated, and inserting ``activities aimed at 
     removing''; and
       (8) by striking ``to provide'' in clause (ii) of 
     subparagraph (P), as redesignated, and inserting ``activities 
     aimed at providing''.

     SEC. 403. FEDERAL SHARE.

       Section 31103 is amended--
       (1) by inserting before ``The Secretary of Transportation'' 
     the following:
       ``(a) Commercial Motor Vehicle Safety Programs and 
     Enforcement.--'';
       (2) by inserting ``improve commercial motor vehicle safety 
     and'' in the first sentence before ``enforce''; and
       (3) by adding at the end the following:
       ``(b) Other Activities.--The Secretary may reimburse State 
     agencies, local governments, or other persons up to 100 
     percent for those activities identified in 31104(f)(2).''.

     SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 31104(a) is amended to read as 
     follows:
       ``(a) General.--Subject to section 9503(c)(1) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(1)), there 
     are available from the Highway Trust Fund (except the Mass 
     Transit Account) for the Secretary of Transportation to incur 
     obligations to carry out section 31102 of this title, not 
     more than--
       ``(1) $80,000,000 for the fiscal year ending September 30, 
     1998;
       ``(2) $82,000,000 for the fiscal year ending September 30, 
     1999;
       ``(3) $84,000,000 for the fiscal year ending September 30, 
     2000;
       ``(4) $86,000,000 for the fiscal year ending September 30, 
     2001;
       ``(5) $88,000,000 for the fiscal year ending September 30, 
     2002; and
       ``(6) $90,000,000 for the fiscal year ending September 30, 
     2003.''.
       (b) Availability and Reallocation.--Section 31104(b)(2) is 
     amended to read as follows:
       ``(2) Amounts made available under section 4002(e)(1) and 
     (2) of the Intermodal Surface Transportation Efficiency Act 
     of 1991 before October 1, 1996, that are not obligated on 
     October 1, 1997, are available for obligation under paragraph 
     (1) of this subsection.''.
       (c) Allocation Criteria.--Section 31104(f) is amended to 
     read as follows:
       ``(f) Allocation Criteria and Eligibility.--
       ``(1) On October 1 of each fiscal year or as soon after 
     that date as practicable, the Secretary, after making the 
     deduction described in subsection (e) of this section, shall 
     allocate, under criteria the Secretary prescribes through 
     regulation, the amounts available for that fiscal year among 
     the States with plans approved under section 31102 of this 
     title.
       ``(2) The Secretary may designate--
       ``(A) no less than 5 percent of such amounts for activities 
     and projects of national priority for the improvement of 
     commercial motor vehicle safety; and
       ``(B) no less than 5 percent of such amounts to reimburse 
     States for border commercial motor vehicle safety programs 
     and enforcement activities and projects. These amounts shall 
     be allocated by the Secretary to State agencies and local 
     governments that use trained and qualified officers and 
     employees in coordination with State motor vehicle safety 
     agencies.''.
       (d) Other Amendments.--
       (1) Section 31104 is amended by striking subsection (g) and 
     redesignating subsection (h) as subsection (g).
       (2) Section 31104 is amended by striking subsection (i) and 
     redesignating subsection (j) as subsection (h).

     SEC. 405. INFORMATION SYSTEMS AND STRATEGIC SAFETY 
                   INITIATIVES.

       Section 31106 is amended to read as follows:

     ``Sec. 31106. Information Systems and Strategic Safety 
       Initiatives.

       ``(a) Information Systems.--
       ``(1) In general.--The Secretary is authorized to establish 
     motor carrier information systems and data analysis programs 
     to support motor carrier regulatory and enforcement 
     activities required under this title. In cooperation with the 
     States, the information systems shall be coordinated into a 
     network providing identification of motor carriers and 
     drivers, registration and licensing tracking, and motor 
     carrier and driver safety performance. The Secretary shall 
     develop and maintain data analysis capacity and programs to 
     provide the means to develop strategies to address safety 
     problems and to use data analysis to measure the 
     effectiveness of these strategies and related programs; to 
     determine the cost effectiveness of State and Federal safety 
     compliance, enforcement programs, and other countermeasures; 
     to evaluate the safety fitness of motor carriers and drivers; 
     to identify and collect necessary data; and to adapt, 
     improve, and incorporate other information and information 
     systems as deemed appropriate by the Secretary.
       ``(2) Performance and Registration Information Systems 
     Management--
       ``(A) The Secretary shall include, as part of the motor 
     carrier safety information network system of the Department 
     of Transportation, an information system, to be called the 
     Performance and Registration Information Systems Management, 
     to serve as a clearinghouse and repository of information 
     related to State registration and licensing of commercial 
     motor vehicles and the safety system of the commercial motor 
     vehicle registrants or the motor carriers operating the 
     vehicles. The Secretary may include in the system information 
     on the safety fitness of each of the motor carriers and 
     registrants and other information the Secretary considers 
     appropriate, including information on vehicle, driver, and 
     motor carrier safety performance.
       ``(B) The Secretary shall prescribe technical and 
     operational standards to ensure--
       ``(i) uniform, timely and accurate information collection 
     and reporting by the States necessary to carry out this 
     system;
       ``(ii) uniform State and Federal procedures and policies 
     necessary to operate the Commercial Vehicle Information 
     System; and
       ``(iii) the availability and reliability of the information 
     to the States and the Secretary from the information system.
       ``(C) The system shall link the Federal motor carrier 
     safety systems with State driver and commercial vehicle 
     registration and licensing systems, and shall be designed--
       ``(i) to enable a State, when issuing license plates or 
     throughout the registration period for a commercial motor 
     vehicle, to determine, through the use of the information 
     system, the safety fitness of the registrant or motor 
     carrier;
       ``(ii) to allow a State to decide, in cooperation with the 
     Secretary, the types of sanctions that may be imposed on the 
     registrant or motor carrier, or the types of conditions or 
     limitations that may be imposed on the operations of the 
     registrant or motor carrier that will ensure the safety 
     fitness of the registrant or motor carrier;
       ``(iii) to monitor the safety fitness of the registrant or 
     motor carrier during the registration period; and
       ``(iv) to require the State, as a condition of 
     participation in the system, to implement uniform policies, 
     procedures, and standards, and to possess or seek authority 
     to impose commercial motor vehicle registration sanctions on 
     the basis of a Federal safety fitness determination.
       ``(D) Of the amounts available for expenditure under this 
     section, up to 50 percent in each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003 may be made available to carry out 
     paragraph (a)(2) of this section. The Secretary may authorize 
     the operation of the information system by contract, through 
     an agreement with one or more States, or by designating, 
     after consultation with the States, a third party that 
     represents the interests of the States. Of the amounts made 
     available to carry out subsection (a)(2) of this section, the 
     Secretary is encouraged to direct no less than 80 percent to 
     States that have not previously received financial assistance 
     to develop or implement the Performance and Registration 
     Information Systems Management system.
       ``(b) Commercial Motor Vehicle Driver Safety Program.--The 
     Secretary is authorized to establish a program focusing on 
     improving commercial motor vehicle driver safety. The 
     objectives of the program shall include--
       ``(1) enhancing the exchange of driver licensing 
     information among the States and among the States, the 
     Federal Government, and foreign countries;
       ``(2) providing information to the judicial system on the 
     commercial motor vehicle driver licensing program; and
       ``(3) evaluating any aspect of driver performance and 
     safety as deemed appropriate by the Secretary.
       ``(c) Cooperative Agreements, Grants, and Contracts.--The 
     Secretary may carry out this section either independently or 
     in cooperation with other Federal departments, agencies, and 
     instrumentalities, or by making grants to and entering into 
     contracts and cooperative agreements with States, localities, 
     associations, institutions, corporations (profit or 
     nonprofit) or other persons.''.

     SEC. 406. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

       The Secretary of Transportation shall carry out a pilot 
     program in cooperation with one or more States to improve 
     upon the timely exchange of pertinent driver performance and 
     safety records data to motor carriers. The program shall--
       (1) determine to what extent driver performance records 
     data, including relevant fines, penalties, and failures to 
     appear for a hearing or trial, should be included as part of 
     any information systems under the Department of 
     Transportation's oversight;
       (2) assess the feasibility, costs, safety impact, pricing 
     impact, and benefits of record exchanges; and
       (3) assess methods for the efficient exchange of driver 
     safety data available from existing State information systems 
     and sources.

[[Page S11060]]

     SEC. 407. MOTOR CARRIER AND DRIVER SAFETY RESEARCH.

       Of the funds made available to carry out programs 
     established by the amendments made by title II of the 
     Intermodal Surface Transportation Efficiency Act of 1997, no 
     less than $10,000,000 shall be made available for each of 
     fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 for 
     activities designed to advance commercial motor vehicle 
     and driver safety. Any obligation, contract, cooperative 
     agreement, or support granted under this section in excess 
     of $250,000 shall be awarded on a competitive basis. The 
     Secretary shall submit annually a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House Committee on Transportation and Infrastructure on 
     the research activities carried out under this section, 
     including the amount, purpose, recipient and nature of 
     each contract, cooperative agreement or award and results 
     of such research activities carried out under this 
     section, including benefits to motor carrier safety.''.

     SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

       Section 31107 is amended to read as follows:

     ``Sec. 31107. Authorization of appropriations for information 
       systems and strategic safety initiatives.

       ``There shall be available from the Highway Trust Fund 
     (other than the Mass Transit Account) for the Secretary to 
     incur obligations to carry out section 31106 of this title 
     the sum of $10,000,000 for each of the fiscal years 1998, 
     1999, 2000, 2001, 2002, and 2003. The amounts made available 
     under this subsection shall remain available until 
     expended.''.

     SEC. 409. CONFORMING AMENDMENTS.

       The chapter analysis for chapter 311 is amended--
       (1) by striking the heading for subchapter I and inserting 
     the following:
``SUBCHAPTER I. STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE 
              PROGRAMS.'';
     and
       (2) by striking the items relating to sections 31106 and 
     31107 and inserting the following:

``31106. Information systems and strategic safety initiatives
``31107. Authorization of appropriations for information systems and 
              strategic safety initiatives''.

     SEC. 410. AUTOMOBILE TRANSPORTER DEFINED.

       Section 31111(a) is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `automobile transporter' means any vehicle 
     combination designed and used specifically for the transport 
     of assembled highway vehicles, including truck camper 
     units.''.

     SEC. 411. REPEAL OF REVIEW PANEL; REVIEW PROCEDURE.

       (a) Repeal.--Subchapter III of chapter 311 is amended--
       (1) by striking sections 31134 and 31140; and
       (2) by striking the items relating to sections 31134 and 
     31140 in the chapter analysis for that chapter.
       (b) Review Procedure.--
       (1) In general.--Section 31141 is amended--
       (A) by striking subsection (b) and redesignating 
     subsections (c), (d), (e), (f), (g), and (h) as subsections 
     (b), (c), (d), (e), (f), and (g), respectively;
       (B) by striking so much of subsection (b), as redesignated, 
     as precedes paragraph (2) and inserting the following:
       ``(b) Review and Decisions by the Secretary.--
       ``(1) The Secretary shall review the laws and regulations 
     on commercial motor vehicle safety in effect in each State, 
     and decide--
       ``(A) whether the State law or regulation--
       ``(i) has the same effect as a regulation prescribed by the 
     Secretary under section 31136 of this title;
       ``(ii) is less stringent than that regulation; or
       ``(iii) is additional to or more stringent than that 
     regulation; and
       ``(B) for each State law or regulation which is additional 
     to or more stringent than the regulation prescribed by the 
     Secretary, whether--
       ``(i) the State law or regulation has no safety benefit;
       ``(ii) the State law or regulation is incompatible with the 
     regulation prescribed by the Secretary under section 31136 of 
     this title; or
       ``(iii) enforcement of the State law or regulation would 
     cause an unreasonable burden on interstate commerce.'';
       (C) by striking paragraph (5) of subsection (b)(5), as 
     redesignated, and inserting the following:
       ``(5) In deciding under paragraph (4) of this subsection 
     whether a State law or regulation will cause an unreasonable 
     burden on interstate commerce, the Secretary may consider the 
     effect on interstate commerce of implementation of all 
     similar laws and regulations of other States.'';
       (D) by striking subsections (d) and (e), as redesignated, 
     and inserting the following:
       ``(d) Written Notice of Decisions.--The Secretary shall 
     give written notice of the decision under subsection (b) of 
     this section to the State concerned.''; and
       (E) by redesignating subsections (f) and (g), as 
     redesignated, as subsections (e) and (f), respectively.
       (2) Conforming changes.--
       (A) The caption of section 31141 of such title is amended 
     to read as follows:

     ``Sec.  31141. Preemption of State laws and regulations''.

       (B) The chapter analysis of chapter 311 of such title is 
     amended by striking the item relating to section 31141 and 
     inserting the following:

``31141. Preemption of State laws and regulations''.
       (d) Inspection of Vehicles.--
       (1) Section 31142 is amended--
       (A) by striking ``part 393 of title 49, Code of Federal 
     Regulations'' in subsection (a) and inserting ``regulations 
     issued pursuant to section 31135 of this title''; and
       (B) by striking subsection (c)(1)(C) and inserting the 
     following:
       ``(C) prevent a State from participating in the activities 
     of a voluntary group of States enforcing a program for 
     inspection of commercial motor vehicles; or''.
       (2) Subchapter IV of chapter 311 is amended--
       (A) by striking sections 31161 and 31162; and
       (B) by striking the items relating to sections 31161 and 
     31162 in the chapter analysis for that chapter.
       (3) Section 31102(b)(1) is amended--
       (A) by striking ``and'' at the end of subparagraph (P);
       (B) by striking ``thereunder.'' in subparagraph (Q) and 
     inserting ``thereunder; and''; and
       (C) by adding at the end thereof the following:
       ``(R) provides that the State will establish a program (i) 
     to ensure the proper and timely correction of commercial 
     motor vehicle safety violations noted during an inspection 
     carried out with funds authorized under section 31104 of this 
     title; and (ii) to ensure that information is exchanged among 
     the States in a timely manner.''.
       (e) Safety Fitness of Owners and Operators.--Section 31144 
     is amended to read as follows:

     ``Sec.  31142. Safety fitness of owners and operators

       ``(a) Procedure.--The Secretary of Transportation shall 
     maintain in regulation a procedure for determining the safety 
     fitness of owners and operators of commercial motor vehicles, 
     including persons seeking new or additional operating 
     authority as motor carriers under section 13902 of this 
     title. The procedure shall include--
       ``(1) specific initial and continuing requirements to be 
     met by the owners, operators, and other persons to 
     demonstrate safety fitness;
       ``(2) a means of deciding whether the owners, operators, or 
     other persons meet the safety requirements under paragraph 
     (1) of this subsection; and
       ``(3) specific time deadlines for action by the Secretary 
     in making fitness decisions.
       ``(b) Prohibited Transportation.--Except as provided in 
     sections 521(b)(5)(A) and 5113 of this title, a motor carrier 
     that fails to meet the safety fitness requirements 
     established under subsection (a) of this section may not 
     operate in interstate commerce beginning on the 61st day 
     after the date of the determination by the Secretary that the 
     motor carrier fails to meet the safety fitness requirements 
     and until the motor carrier meets the safety fitness 
     requirements. The Secretary may, for good cause shown, 
     provide a carrier with up to an additional 60 days to meet 
     the safety fitness requirements.
       ``(c) Rating Review.--The Secretary shall review the 
     factors that resulted in a motor carrier failing to meet the 
     safety fitness requirements not later than 45 days after the 
     motor carrier requests a review.
       ``(d) Government Use Prohibited.--A department, agency, or 
     instrumentality of the United States Government may not use a 
     motor carrier that does not meet the safety fitness 
     requirements.
       ``(e) Public Availability; Updating of Fitness 
     Determinations.--The Secretary shall amend the motor carrier 
     safety regulations in subchapter B of chapter III of title 
     49, Code of Federal Regulations, to establish a system to 
     make readily available to the public, and to update 
     periodically, the safety fitness determinations of motor 
     carriers made by the Secretary.
       ``(f) Penalties.--The Secretary shall prescribe regulations 
     setting penalties for violations of this section consistent 
     with section 521 of this title.''.
       (f) Safety Fitness of Passenger and Hazardous Material 
     Carriers.--
       (1) In general.--Section 5113 is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Prohibited Transportation.--
       ``(1) A motor carrier that fails to meet the safety fitness 
     requirements established under subsection 31144(a) of this 
     title may not operate a commercial motor vehicle (as defined 
     in section 31132 of this title)--
       ``(A) to transport hazardous material for which placarding 
     of a motor vehicle is required under regulations prescribed 
     under this chapter; or
       ``(B) to transport more than 15 individuals.
       ``(2) The prohibition in paragraph (1) of this subsection 
     applies beginning on the 46th day after the date on which the 
     Secretary determines that a motor carrier fails to meet the 
     safety fitness requirements and applies until the motor 
     carrier meets the safety fitness requirements.'';
       (B) by striking ``Rating''  in the caption of subsection 
     (b) and inserting ``Fitness'';
       (C) by striking ``receiving an unsatisfactory rating'' in 
     subsection (b) and inserting ``failing to meet the safety 
     fitness requirements'';
       (D) by striking ``has an unsatisfactory rating from the 
     Secretary'' in subsection (c) and 

[[Page S11061]]

     inserting ``failed to meet the safety fitness 
     requirements''; and
       (E) by striking ``Ratings''  in the caption of subsection 
     (d) and inserting ``Fitness Determinations'';
       (F) by striking ``, in consultation with the Interstate 
     Commerce Commission,'' in subsection (d); and
       (G) by striking ``ratings of motor carriers that have 
     unsatisfactory ratings from'' in subsection (d) and inserting 
     ``fitness determinations of motor carriers made by''.
       (2) Conforming amendments.--
       (A) The caption of section 5113 of such chapter is amended 
     to read as follows:

     ``Sec.  5113. SAFETY FITNESS OF PASSENGER AND HAZARDOUS 
                   MATERIAL CARRIERS''.

       (B) The chapter analysis for such chapter is amended by 
     striking the item relating to section 5113 and inserting the 
     following:

``5113. Safety fitness of passenger and hazardous material carriers''.

       (g) Definitions.--
       (1) Section 31101(1) is amended--
       (A) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating''in subparagraph (A);
       (ii) by striking ``10,000'' and inserting ``10,001'';
       (B) by striking ``driver; or'' in subparagraph (B) and 
     inserting ``driver, or a smaller number of passengers 
     including the driver as determined under regulations 
     implementing sections 31132(1)(B) or 31301(4)(B)'';
       (C) by inserting ``and transported in a quantity requiring 
     placarding under regulations prescribed by the Secretary 
     under section 5103'' after ``title'' in subparagraph (C).
       (2) Section 31132 is amended--
       (A) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating'' in paragraph (1)(A); and
       (B) by adding at the end of paragraph (3) the following:
     ``For purposes of this paragraph, the term `business 
     affecting interstate commerce' means a business predominantly 
     engaged in employing commercial motor vehicles in interstate 
     commerce and includes all operations of the business in 
     intrastate commerce which use vehicles otherwise defined as 
     commercial motor vehicles under paragraph (1) of this 
     section.''.
       (h) Employee Protections.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in conjunction with the Secretary of Labor, 
     shall report to the United States Senate Committee on 
     Commerce, Science, and Transportation and the United States 
     House of Representatives Committee on Transportation and 
     Infrastructure on the effectiveness of existing statutory 
     employee protections provided for under section 31105 of 
     title 49, United States Code. The report shall include 
     recommendations to address any statutory changes as may be 
     necessary to strengthen the enforcement of such employee 
     protection provisions.
       (i) Inspections and Reports.--
       (1) General powers of the Secretary.--Section 31133(a)(1) 
     is amended by inserting ``and make contracts for'' after 
     ``conduct''.
       (2) Reports and records.--Section 504(c) is amended by 
     inserting ``(and, in the case of a motor carrier, a 
     contractor)'' before the second comma.

     SEC. 412. COMMERCIAL MOTOR VEHICLE OPERATORS.

       (a) Repeal of Obsolete Grant Programs.--Chapter 313 is 
     amended--
       (1) by striking sections 31312 and 31313; and
       (2) by striking the items relating to sections 31312 and 
     31313 in the chapter analysis for that chapter.
       (b) Commercial Driver's License Requirement.--
       (1) In general.--Section 31302 is amended to read as 
     follows:

     ``Sec.   31302. COMMERCIAL DRIVER'S LICENSE REQUIREMENT

       ``No individual shall operate a commercial motor vehicle 
     without a commercial driver's license issued according to 
     section 31308 of this title.''.
       (2) Conforming amendments.--
       (A) The chapter analysis for that chapter is amended by 
     striking the item relating to section 31302 and inserting the 
     following:

``31302. Commercial driver's license requirement''.

       (B) Section 31305(a) is amended by redesignating paragraphs 
     (2) through (8) as paragraphs (3) through (9), respectively, 
     and by inserting after paragraph (1) the following:
       ``(2) may establish performance based testing and licensing 
     standards that more accurately measure and reflect an 
     individual's knowledge and skills as an operator;''.
       (c) Commercial Driver's License Information System.--
     Section 31309 is amended--
       (1) by striking ``make an agreement under subsection (b) of 
     this section for the operation of, or establish under 
     subsection (c) of this section,'' in subsection (a) and 
     inserting ``maintain'';
       (2) by striking subsections (b) and (c) and redesignating 
     subsections (d), (e), and (f) as subsections (b), (c), and 
     (d) respectively;
       (3) by striking ``Not later than December 31, 1990, the'' 
     in paragraph (2) of subsection (b), as redesignated, and 
     inserting ``The''; and
       (4) by inserting after the caption of subsection (c), as 
     redesignated, the following: ``Information about a driver in 
     the information system may be made available under the 
     following circumstances:''; and
       (5) by starting a new paragraph with ``(1) On request'' and 
     indenting the paragraph 2 ems from the lefthand margin.
       (d) Requirements for State Participation.--Section 31311(a) 
     is amended--
       (1) by striking ``31310(b)-(e)'' in paragraph (15) and 
     inserting ``31310(b)-(e), and (g)(1)(A) and (2)'';
       (2) by striking paragraph (17); and
       (3) by redesignating paragraph (18) as paragraph (17).
       (e) Withholding Amounts for State Noncompliance.--Section 
     31314 is amended--
       (1) by striking ``, (2), (5), and (6)'' and inserting 
     ``(3), and (5)''; and
       (2) by striking ``1992'' in subsections (a) and (b) and 
     inserting ``1995'';
       (3) by striking paragraph (1) of subsection (c);
       (4) by striking ``(2)'' in subsection (c)(2);
       (5) by striking subsection (d); and
       (6) by redesignating subsection (e) as subsection (d).
       (f) Commercial Motor Vehicle Defined.--Section 31301 is 
     amended--
       (1) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating'' each place it appears in 
     paragraph (4)(A); and
       (2) by inserting ``is'' in paragraph (4)(C)(ii) before 
     ``transporting'' each place it appears and before ``not 
     otherwise''.
       (g) Safety Performance History of New Drivers; Limitation 
     on Liability.--
       (1) In general.--Chapter 5 is amended by adding at the end 
     thereof the following:

     ``Sec.  508. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; 
                   LIMITATION ON LIABILITY

       ``(a) Limitation on liability.--No action or proceeding for 
     defamation, invasion of privacy, or interference with a 
     contract that is based on the furnishing or use of safety 
     performance records in accordance with regulations issued by 
     the Secretary may be brought against--
       ``(1) a motor carrier requesting the safety performance 
     records of an individual under consideration for employment 
     as a commercial motor vehicle driver as required by and in 
     accordance with regulations issued by the Secretary;
       ``(2) a person who has complied with such a request; or
       ``(3) the agents or insurers of a person described in 
     paragraph (1) or (2) of this subsection.
       ``(b) Restrictions.--
       ``(1) Subsection (a) does not apply unless--
       ``(A) the motor carrier requesting the safety performance 
     records at issue, the person complying with such a request, 
     and their agents have taken all precautions reasonably 
     necessary to ensure the accuracy of the records and have 
     fully complied with the regulations issued by the Secretary 
     in using and furnishing the records, including the 
     requirement that the individual who is the subject of the 
     records be afforded a reasonable opportunity to review and 
     comment on the records;
       ``(B) the motor carrier requesting the safety performance 
     records, the person complying with such a request, their 
     agents, and their insurers, have taken all precautions 
     reasonably necessary to protect the records from disclosure 
     to any person, except for their insurers, not directly 
     involved in forwarding the records or deciding whether to 
     hire that individual; and
       ``(C) the motor carrier requesting the safety performance 
     records has used those records only to assess the safety 
     performance of the individual who is the subject of those 
     records in deciding whether to hire that individual.
       ``(2) Subsection (a) does not apply to persons who 
     knowingly furnish false information.
       ``(c) Preemption of State and Local Law.--No State or 
     political subdivision thereof may enact, prescribe, issue, 
     continue in effect, or enforce any law (including any 
     regulation, standard, or other provision having the force and 
     effect of law) that prohibits, penalizes, or imposes 
     liability for furnishing or using safety performance records 
     in accordance with regulations issued by the Secretary. 
     Notwithstanding any provision of law, written authorization 
     shall not be required to obtain information on the motor 
     vehicle driving record of an individual under consideration 
     for employment with a motor carrier.''.
       (2) Conforming amendment.--The chapter analysis for that 
     chapter is amended by inserting after the item relating to 
     section 507 the following:

       ``508. Safety performance history of new drivers; 
           limitation on liability''.

     SEC. 413. PENALTIES.

       (a) Notification of Violations and Enforcement 
     Procedures.--Section 521(b)(1) is amended--
       (1) by inserting: ``with the exception of reporting and 
     recordkeeping violations,''in the first sentence of 
     subparagraph (A) after ``under any of those provisions,'';
       (2) by striking ``fix a reasonable time for abatement of 
     the violation,'' in the third sentence of subparagraph (A);
       (3) by striking ``(A)'' in subparagraph (A); and
       (4) by striking subparagraph (B).
       (b) Civil Penalties.--Section 521(b)(2) is amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--Except as otherwise provided in this 
     subsection, any person who is determined by the Secretary, 
     after notice and opportunity for a hearing, to have committed 
     an act which is a violation of regulations issued by the 
     Secretary under subchapter III of chapter 311 (except 
     sections 31137 and 31138) or section 31502 of this title

[[Page S11062]]

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $10,000 for each offense. 
     Notwithstanding any other provision of this section (except 
     subparagraph (C)), no civil penalty shall be assessed under 
     this section against an employee for a violation in an amount 
     exceeding $2,500.'';
       (2) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (3) by inserting after subparagraph (A) the following:
       ``(B) Recordkeeping and reporting violations.--
       ``(i) A person required to make a report to the Secretary, 
     answer a question, or make, prepare, or preserve a record 
     under section 504 of this title or under any regulation 
     issued by the Secretary pursuant to subchapter III of chapter 
     311 (except sections 31137 and 31138) or section 31502 of 
     this title about transportation by motor carrier, motor 
     carrier of migrant workers, or motor private carrier, or an 
     officer, agent, or employee of that person, who--

       ``(I) does not make that report;
       ``(II) does not specifically, completely, and truthfully 
     answer that question in 30 days from the date the Secretary 
     requires the question to be answered; or
       ``(III) does not make, prepare, or preserve that record in 
     the form and manner prescribed by the Secretary,

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $500 for each offense, and each day 
     of the violation shall constitute a separate offense, except 
     that the total of all civil penalties assessed against any 
     violator for all offenses related to any single violation 
     shall not exceed $5,000.
       ``(ii) Any such person, or an officer, agent, or employee 
     of that person, who--

       ``(I) knowingly falsifies, destroys, mutilates, or changes 
     a required report or record;
       ``(II) knowingly files a false report with the Secretary;
       ``(III) knowingly makes or causes or permits to be made a 
     false or incomplete entry in that record about an operation 
     or business fact or transaction; or
       ``(IV) knowingly makes, prepares, or preserves a record in 
     violation of a regulation or order of the Secretary,

     shall be liable to the United States for a civil penalty in 
     an amount not to exceed $5,000 for each violation, provided 
     that any such action can be shown to have misrepresented a 
     fact that constitutes a violation other than a reporting or 
     recordkeeping violation.''.

     SEC. 414. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL 
                   FUEL TAX AGREEMENT.

       Chapter 317 is amended--
       (1) by striking sections 31702, 31703, and 31708; and
       (2) by striking the items relating to sections 31702, 
     31703, and 31708 in the chapter analysis for that chapter.

     SEC. 415. STUDY OF ADEQUACY OF PARKING FACILITIES.

       The Secretary shall conduct studies to determine the 
     location and quantity of parking facilities at commercial 
     truck stops and travel plazas and public rest areas that 
     could be used by motor carriers to comply with Federal hours-
     of-service rules. Each study shall include an inventory of 
     current facilities serving corridors of the National Highway 
     System, analyze where specific shortages exist or are 
     projected to exist, and propose a specific plan to reduce the 
     shortages. The studies may be carried out in cooperation with 
     research entities representing the motor carrier and travel 
     plaza industry. The studies shall be completed no later than 
     36 months after enactment of this Act.

     SEC. 416. NATIONAL MINIMUM DRINKING AGE--TECHNICAL 
                   CORRECTIONS.

       Section 158 of title 23, United States Code, is amended --
       (1) by striking ``104(b)(2), 104(b)(5), and 104(b)(6)'' 
     each place it appears in subsection (a) and inserting 
     ``104(b)(3), and 104(b)(5)(B)''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Availability of Withheld Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 31, 1988, shall be available for apportionment to 
     such State.''.

     SEC. 417. APPLICATION OF REGULATIONS.

       (a) Application of Regulations to Certain Commercial Motor 
     Vehicles.--Section 31135 as redesignated, is amended by 
     adding at the end thereof the following:
       ``(g) Application to Certain Vehicles.--Effective 12 months 
     after the date of enactment of the Intermodal Transportation 
     Safety Act of 1997, regulations prescribed under this section 
     shall apply to operators of commercial motor vehicles 
     described in section 31132(1)(B) to the extent that those 
     regulations did not apply to those operators before the day 
     that is 12 months after such date of enactment, except to the 
     extent that the Secretary determines, through a rulemaking 
     proceeding, that it is appropriate to exempt such operations 
     of commercial motor vehicles from the application of those 
     regulations.''.
       (b) Definition.--Section 31301(4)(B) is amended to read as 
     follows:
       ``(B) is designed or used to transport--
       ``(i) passengers for compensation, but does not include a 
     vehicle providing taxicab service and having a capacity of 
     not more than 6 passengers and not operated on a regular 
     route or between specified places; or
       ``(ii) more than 15 passengers, including the driver, and 
     not used to transport passengers for compensation; or''.
       (c) Application of Regulations to Certain Operators.--
       (1) Chapter 313 is amended by adding at the end thereof the 
     following:

     ``Sec.  31318. APPLICATION OF REGULATIONS TO CERTAIN 
                   OPERATORS

       ``Effective 12 months after the date of enactment of the 
     Intermodal Transportation Safety Act of 1997, regulations 
     prescribed under this chapter shall apply to operators of 
     commercial motor vehicles described in section 31301(4)(B) to 
     the extent that those regulations did not apply to those 
     operators before the day that is 1 year after such date of 
     enactment, except to the extent that the Secretary 
     determines, after notice and opportunity for public comment, 
     that it is appropriate to exempt such operators of commercial 
     motor vehicles from the application of those regulations.''.
       (d) Deadline for certain definitional regulations.--The 
     Secretary shall issue regulations implementing the definition 
     of commercial motor vehicles under section 31132(1)(B) and 
     section 31301(4)(B) of title 49, United States Code, as 
     amended by this Act within 12 months after the date of 
     enactment of this Act.

     SEC. 418. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

       Section 14501(a) is amended--
       (1) by striking ``route or relating'' and inserting 
     ``route;''; and
       (2) by striking ``required.'' and inserting ``required; or 
     to the authority to provide intrastate or interstate charter 
     bus transportation.''.

     SEC. 419. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

       The Department of Transportation shall maintain the level 
     of Federal motor carrier safety investigators for border 
     commercial vehicle inspections as in effect on September 30, 
     1997, or provide for alternative resources and mechanisms to 
     ensure an equivalent level of commercial motor vehicle safety 
     inspections. Such funds as are necessary to carry out this 
     section shall be made available within the limitation on 
     general operating expenses of the Department of 
     Transportation.

     SEC. 420. FOREIGN MOTOR CARRIER SAFETY FITNESS.

       (a) In General.--No later than 90 days after enactment of 
     this Act, the Secretary of Transportation shall make a 
     determination regarding the willingness and ability of any 
     foreign motor carrier, the application for which has not been 
     processed due to the moratorium on the granting of authority 
     to foreign carriers to operate in the United States, to meet 
     the safety fitness and other regulatory requirements under 
     this title.
       (b) Report.--Within 120 days after the date of enactment 
     this Act, the Secretary of Transportation shall submit a 
     report to the Senate Commerce, Science, and Transportation 
     Committee and the House Transportation and Infrastructure 
     Committee on the application of section 13902(c)(9) of title 
     49, United States Code. The report shall include--
       (1) any findings made by the Secretary under subsection 
     (a);
       (2) information on which carriers have applied to the 
     Department of Transportation under that section; and
       (3) a description of the process utilized to respond to 
     such applications and to certify the safety fitness of those 
     carriers.

     SEC. 421. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation may 
     establish a Commercial Motor Vehicle Safety Advisory 
     Committee to provide advice and recommendations on a range of 
     regulatory issues. The members of the advisory committee 
     shall be appointed by the Secretary from among individuals 
     affected by rulemakings under consideration by the Department 
     of Transportation.
       (b) Function.--The Advisory Committee established under 
     subsection (a) shall provide advice to the Secretary on 
     commercial motor vehicle safety regulations and assist the 
     Secretary in timely completion of ongoing rulemakings by 
     utilizing negotiated rulemaking procedures.

     SEC. 422. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.

       (a) Waivers, Exemptions, and Pilot Programs for Chapter 
     311.--Section 31136(e) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6); and
       (2) by striking the subsection caption and paragraph (1) 
     and inserting the following:
       ``(e) Waivers, Exemptions, and Pilot Programs.--
       ``(1) In general.--The Secretary shall, by regulation 
     promulgated after notice and an opportunity for public 
     comment and within 180 days after the date of enactment of 
     the Intermodal Transportation Safety Act of 1997, establish 
     procedures by which waivers, exemptions, and pilot programs 
     under this section may be initiated. The regulation shall 
     provide--
       ``(A) a process for the issuance of waivers or exemptions 
     from any part of a regulation prescribed under this section; 
     and
       ``(B) procedures for the conduct of pilot projects or 
     demonstration programs to support the appropriateness of 
     regulations, enforcement policies, waivers, or exemptions 
     under this section.

[[Page S11063]]

       ``(2) Waivers.--The Secretary may grant a waiver that 
     relieves a person from compliance in whole or in part with a 
     regulation issued under this section if the Secretary 
     determines that it is in the public interest to grant the 
     waiver and that the waiver is likely to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would obtain in the absence of the waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for non-emergency and unique events; and
       ``(D) subject to such conditions as the Secretary may 
     impose.
       ``(3) Exemptions.--The Secretary may grant an exemption in 
     whole or in part from a regulation issued under this section 
     to a class of persons, vehicles, or circumstances if the 
     Secretary determines, after notice and opportunity for public 
     comment, that it is in the public interest to grant the 
     exemption and that the exemption is likely to achieve a level 
     of safety that is equivalent to, or greater than, the level 
     of safety that would obtain in the absence of the exemption. 
     An exemption granted under this paragraph shall be in effect 
     for a period of not more than 2 years, but may be renewed by 
     the Secretary after notice and opportunity for public comment 
     if the Secretary determines, based on the safety impact and 
     results of the first 2 years of an exemption, that the 
     extension is in the public interest and that the extension of 
     the exemption is likely to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would obtain in the absence of the extension.
       ``(4) Pilot Programs.--
       ``(A) In general.--In carrying out this section, the 
     Secretary is authorized to carry out pilot programs to 
     examine innovative approaches or alternatives to regulations 
     issued under this title.
       ``(B) Requirement for approval.--In carrying out a pilot 
     project under this paragraph, the Secretary shall require, as 
     a condition of approval of the project, that the safety 
     measures in the project are designed to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would otherwise be achieved through compliance 
     with the standards prescribed under this title.
       ``(C) Exemptions.--A pilot project under this paragraph--
       ``(i) may exempt a motor carrier under the project from any 
     requirement (or portion thereof) imposed under this title; 
     and
       ``(ii) shall preempt any State or local regulation that 
     conflicts with the pilot project during the time the pilot 
     project is in effect.
       ``(D) Revocation of exemption.--The Secretary shall revoke 
     an exemption granted under subparagraph (C) if--
       ``(i) the motor carrier to which it applies fails to comply 
     with the terms and conditions of the exemption; or
       ``(ii) the Secretary determines that the exemption has 
     resulted in a lower level of safety than was maintained 
     before the exemption was granted.''.
       (b) Waivers, Exemptions, and Pilot Programs for Chapter 
     313.--Section 31315 is amended--
       (1) by inserting ``(a) In General.--'' before ``After 
     notice''; and
       (2) by adding at the end thereof the following:
       ``(b) Waivers, Exemptions, and Pilot Programs.--
       ``(1) In general.--The Secretary shall, by regulation 
     promulgated after notice and an opportunity for public 
     comment and within 180 days after the date of enactment of 
     the Intermodal Transportation Safety Act of 1997, establish 
     procedures by which waivers, exemptions, and pilot programs 
     under this section may be initiated. The regulation shall 
     provide--
       ``(A) a process for the issuance of waivers or exemptions 
     from any part of a regulation prescribed under this section; 
     and
       ``(B) procedures for the conduct of pilot projects or 
     demonstration programs to support the appropriateness of 
     regulations, enforcement policies, or exemptions under this 
     section.
       ``(2) Waivers.--The Secretary may grant a waiver that 
     relieves a person from compliance in whole or in part with a 
     regulation issued under this section if the Secretary 
     determines that it is in the public interest to grant the 
     waiver and that the waiver is likely to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would obtain in the absence of the waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for non-emergency and unique events; and
       ``(D) subject to such conditions as the Secretary may 
     impose.
       ``(3) Exemptions.--The Secretary may grant an exemption in 
     whole or in part from a regulation issued under this section 
     to a class of persons, vehicles, or circumstances if the 
     Secretary determines, after notice and opportunity for public 
     comment, that it is in the public interest to grant the 
     exemption and that the exemption is likely to achieve a level 
     of safety that is equivalent to, or greater than, the level 
     of safety that would obtain in the absence of the exemption. 
     An exemption granted under this paragraph shall be in effect 
     for a period of not more than 2 years, but may be renewed by 
     the Secretary after notice and opportunity for public comment 
     if the Secretary determines, based on the safety impact and 
     results of the first 2 years of an exemption, that the 
     extension is in the public interest and that the extension of 
     the exemption is likely to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would obtain in the absence of the extension.
       ``(4) Pilot Programs.--
       ``(A) In general.--In carrying out this section, the 
     Secretary is authorized to carry out pilot programs to 
     examine innovative approaches or alternatives to regulations 
     issued under this title.
       ``(B) Requirement for approval.--In carrying out a pilot 
     project under this paragraph, the Secretary shall require, as 
     a condition of approval of the project, that the safety 
     measures in the project are designed to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would otherwise be achieved through compliance 
     with the standards prescribed under this title.
       ``(C) Exemptions.--A pilot project under this paragraph--
       ``(i) may exempt a motor carrier under the project from any 
     requirement (or portion thereof) imposed under this title; 
     and
       ``(ii) shall preempt any State or local regulation that 
     conflicts with the pilot project during the time the pilot 
     project is in effect.
       ``(D) Revocation of exemption.--The Secretary shall revoke 
     an exemption granted under subparagraph (C) if--
       ``(i) the motor carrier to which it applies fails to comply 
     with the terms and conditions of the exemption; or
       ``(ii) the Secretary determines that the exemption has 
     resulted in a lower level of safety than was maintained 
     before the exemption was granted.''.

     SEC. 423. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.

       (a) In General.--The Secretary of Transportation shall 
     conduct a study of the impact on safety and infrastructure of 
     tandem axle commercial motor vehicle operations in States 
     that permit the operation of such vehicles in excess of the 
     weight limits established by section 127 of title 23, United 
     States Code.
       (b) Cooperative Agreements with States.--The Secretary 
     shall enter into cooperative agreements with States described 
     in subsection (a) under which the States participate in the 
     collection of weight-in-motion data necessary to achieve the 
     purpose of the study. If the Secretary determines that 
     additional weight-in-motion sites, on or off the Dwight D. 
     Eisenhower System of Interstate and Defense Highways, are 
     necessary to carry out the study, and requests assistance 
     from the States in choosing appropriate locations, the States 
     shall identify the industries or transportation companies 
     operating within their borders that regularly utilize the 
     35,000 pound tandem axle.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Congress a report on the results of the study, together with 
     any related legislative or administrative recommendations. 
     Until the Secretary transmits the report to the Congress, the 
     Secretary may not withhold funds under section 104 of title 
     23, United States Code, from any State for violation of the 
     grandfathered tandem axle weight limits under section 127 of 
     that title.

     SEC. 424. INCREASED MCSAP PARTICIPATION IMPACT STUDY.

       (a) In General.--If a State that did not receive its full 
     allocation of funding under the Motor Carrier Safety 
     Assistance Program during fiscal years 1996 and 1997 agrees 
     to enter into a cooperative agreement with the Secretary to 
     evaluate the safety impact, costs, and benefits of allowing 
     such State to continue to participate fully in the Motor 
     Carrier Safety Assistance Program, then the Secretary of 
     Transportation shall allocate to that State the full amount 
     of funds to which it would otherwise be entitled for fiscal 
     years 1998, 1999, 2000, 2001, 2002, and 2003. The Secretary 
     may not add conditions to the cooperative agreement other 
     than those directly relating to the accurate and timely 
     collection of inspection and crash data sufficient to 
     ascertain the safety and effectiveness of such State's 
     program.
       (b) Requirements.--
       (1) Report.--The State shall submit to the Secretary each 
     year the results of such safety evaluations.
       (2) Termination by Secretary.--If the Secretary finds such 
     an agreement not in the public interest based on the results 
     of such evaluations after 2 years of full participation, the 
     Secretary may terminate the agreement entered into under this 
     section.
       (c) Prohibition of Adoption of Lesser Standards.--No State 
     may enact or implement motor carrier safety regulations that 
     are determined by the Secretary to be less strict than those 
     in effect as of September 30, 1997.
      TITLE V--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM; SAFETY

     SEC. 501. PURPOSE.

       The purpose of this title is to protect the passengers and 
     employees of railroad carriers and mass transportation 
     systems and the movement of freight by railroad from 
     terrorist attacks.

     SEC. 502. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

       (a) Section 1992 of title 18, United States Code, is 
     amended to read as follows:

     ``Sec.  1992. TERRORIST ATTACKS AGAINST RAILROADS

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables any train, 
     locomotive, motor unit, or freight

[[Page S11064]]

     or passenger car used, operated, or employed by a railroad 
     carrier;
       ``(2) brings, carries, possesses, places or causes to be 
     placed any destructive substance, or destructive device in, 
     upon, or near any train, locomotive, motor unit, or freight 
     or passenger car used, operated, or employed by a railroad 
     carrier, without previously obtaining the permission of the 
     carrier, and with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(3) sets fire to, or places any destructive substance, or 
     destructive device in, upon or near, or undermines any 
     tunnel, bridge, viaduct, trestle, track, signal, station, 
     depot, warehouse, terminal, or any other way, structure, 
     property, or appurtenance used in the operation of, or in 
     support of the operation of, a railroad carrier, or otherwise 
     makes any such tunnel, bridge, viaduct, trestle, track, 
     station, depot, warehouse, terminal, or any other way, 
     structure, property, or appurtenance unworkable or unusable 
     or hazardous to work or use, knowing or having reason to know 
     such activity would likely derail, disable, or wreck a train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of any railroad signal system, 
     including a train control system, centralized dispatching 
     system, or highway-railroad grade crossing warning signal on 
     a railroad line used, operated, or employed by a railroad 
     carrier;
       ``(5) interferes with, disables or incapacitates any 
     locomotive engineer, conductor, or other person while they 
     are operating or maintaining a train, locomotive, motor unit, 
     or freight or passenger car used, operated, or employed by a 
     railroad carrier, with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of a railroad 
     carrier while on the property of the carrier;
       ``(7) causes the release of a hazardous material being 
     transported by a rail freight car, with the intent to 
     endanger the safety of any person, or with a reckless 
     disregard for the safety of human life;
       ``(8) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(9) attempts, threatens, or conspires to do any of the 
     aforesaid acts,
     shall be fined under this title or imprisoned not more than 
     twenty years, or both, if such act is committed, or in the 
     case of a threat or conspiracy such act would be committed, 
     within the United States on, against, or affecting a railroad 
     carrier engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such acts, that 
     person travels or communicates across a State line in order 
     to commit such acts, or transports materials across a State 
     line in aid of the commission of such acts; Provided however, 
     that whoever is convicted of any crime prohibited by this 
     subsection shall be:
       ``(A) imprisoned for not less than thirty years or for life 
     if the railroad train involved carried high-level radioactive 
     waste or spent nuclear fuel at the time of the offense;
       ``(B) imprisoned for life if the railroad train involved 
     was carrying passengers at the time of the offense; and
       ``(C) imprisoned for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a passenger train of a 
     railroad carrier, or attempts to do so, shall be fined under 
     this title or imprisoned not more than one year, or both, if 
     such act is committed on a railroad carrier that is engaged 
     in or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a passenger train or in a passenger 
     terminal facility of a railroad carrier, or attempts to do 
     so, shall be fined under this title or imprisoned not more 
     than 5 years, or both, if such act is committed on a railroad 
     carrier that is engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such act, that 
     person travels or communicates across a State line in order 
     to commit such act, or transports materials across a State 
     line in aid of the commission of such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a passenger train or a passenger 
     terminal facility of a railroad carrier involving the use of 
     a firearm or other dangerous weapon, shall be punished as 
     provided in sections 1111, 1112, and 1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law;
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or a member of the Armed Forces if such 
     possession is authorized by law;
       ``(D) the possession of a firearm of other dangerous weapon 
     by a railroad police officer employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State, whether on or off duty; or
       ``(E) an individual transporting a firearm on board a 
     railroad passenger train (except a loaded firearm) in baggage 
     not accessible to any passenger on board the train, if the 
     railroad carrier was informed of the presence of the weapon 
     prior to the firearm being placed on board the train.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     locomotive or car of a train, knowing or having reason to 
     know such activity would likely cause personal injury, shall 
     be fined under this title or imprisoned for not more than 5 
     years, or both, if such act is committed on or against a 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce, or if in the course of committing such act, 
     that person travels or communicates across a State line in 
     order to commit such act, or transports materials across a 
     State line in aid of the commission of such act. Whoever is 
     convicted of any crime prohibited by this subsection shall 
     also be subject to imprisonment for not more than twenty 
     years if the offense has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon'' has the meaning given to that 
     term in section 930 of this title;
       ``(3) `destructive substance'' has the meaning given to 
     that term in section 31 of this title, except that (A) the 
     term `radioactive device' does not include any radioactive 
     device or material used solely for medical, industrial, 
     research, or other peaceful purposes, and (B) `destructive 
     substance' includes any radioactive device or material that 
     can be used to cause a harm listed in subsection (a) and that 
     is not in use solely for medical, industrial, research, or 
     other peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;
       ``(5) `hazardous material' has the meaning given to that 
     term in section 5102(2) of title 49, United States Code;
       ``(6) `high-level radioactive waste' has the meaning given 
     to that term in section 10101(12) of title 42, United States 
     Code;
       ``(7) `railroad' has the meaning given to that term in 
     section 20102(1) of title 49, United States Code;
       ``(8) `railroad carrier' has the meaning given to that term 
     in section 20102(2) of title 49, United States Code;
       ``(9) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title;
       ``(10) `spent nuclear fuel' has the meaning given to that 
     term in section 10101(23) of title 42, United States Code; 
     and
       ``(11) `State' has the meaning given to that term in 
     section 2266 of this title.''.
       (b) In the analysis of chapter 97 of title 18, United 
     States Code, item ``1992'' is amended to read:

``1992. Terrorist attacks against railroads''.

     SEC. 503. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

       (a) Chapter 97 of title 18, United States Code, is amended 
     by adding at the end thereof the following new section:

     ``Sec.  1994. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables a mass 
     transportation vehicle or vessel;
       ``(2) places or causes to be placed any destructive 
     substance in, upon, or near a mass transportation vehicle or 
     vessel, without previously obtaining the permission of the 
     mass transportation provider, and with intent to endanger the 
     safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(3) sets fire to, or places any destructive substance in, 
     upon, or near any garage, terminal, structure, supply, or 
     facility used in the operation of, or in support of the 
     operation of, a mass transportation vehicle, knowing or 
     having reason to know such activity would likely derail, 
     disable, or wreck a mass transportation vehicle used, 
     operated, or employed by a mass transportation provider;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of a mass transportation signal system, 
     including a train control system, centralized dispatching 
     system, or rail grade crossing warning signal;

[[Page S11065]]

       ``(5) interferes with, disables or incapacitates any driver 
     or person while they are employed in operating or maintaining 
     a mass transportation vehicle or vessel, with intent to 
     endanger the safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of a mass 
     transportation provider on the property of a mass 
     transportation provider;
       ``(7) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(8) attempts, threatens, or conspires to do any of the 
     aforesaid acts--shall be fined under this title or imprisoned 
     not more than twenty years, or both, if such act is 
     committed, or in the case of a threat or conspiracy such act 
     would be committed, within the United States on, against, or 
     affecting a mass transportation provider engaged in or 
     affecting interstate or foreign commerce, or if in the course 
     of committing such act, that person travels or communicates 
     across a State line in order to commit such act, or 
     transports materials across a State line in aid of the 
     commission of such act. Whoever is convicted of a crime 
     prohibited by this section shall also be subject to 
     imprisonment for life if the mass transportation vehicle or 
     vessel was carrying a passenger at the time of the offense, 
     and imprisonment for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a mass transportation vehicle 
     or vessel, or attempts to do so, shall be fined under this 
     title or imprisoned not more than one year, or both, if such 
     act is committed on a mass transportation provider engaged in 
     or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a mass transportation vehicle or 
     vessel, or in a mass transportation passenger terminal 
     facility, or attempts to do so, shall be fined under this 
     title, or imprisoned not more than 5 years, or both, if such 
     act is committed on a mass transportation provider engaged in 
     or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a mass transportation vehicle or 
     vessel, or a mass transportation passenger terminal facility 
     involving the use of a firearm or other dangerous weapon, 
     shall be punished as provided in sections 1111, 1112, and 
     1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law;
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or a member of the Armed Forces if such 
     possession is authorized by law;
       ``(D) the possession of a firearm or other dangerous weapon 
     by a railroad police officer employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State, whether on or off duty; or
       ``(E) an individual transporting a firearm on board a mass 
     transportation vehicle or vessel (except a loaded firearm) in 
     baggage not accessible to any passenger on board the vehicle 
     or vessel, if the mass transportation provider was informed 
     of the presence of the weapon prior to the firearm being 
     placed on board the vehicle or vessel.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     mass transportation vehicle or vessel, knowing or having 
     reason to know such activity would likely cause personal 
     injury, shall be fined under this title or imprisoned for not 
     more than 5 years, or both, if such act is committed on or 
     against a mass transportation provider engaged in or 
     substantially affecting interstate or foreign commerce, or if 
     in the course of committing such acts, that person travels or 
     communicates across a State line in order to commit such 
     acts, or transports materials across a State line in aid of 
     the commission of such acts. Whoever is convicted of any 
     crime prohibited by this subsection shall also be subject to 
     imprisonment for not more than twenty years if the offense 
     has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given to that term 
     in section 930 of this title;
       ``(3) `destructive substance' has the meaning given to that 
     term in section 31 of this title, except that (A) the term 
     `radioactive device' does not include any radioactive device 
     or material used solely for medical, industrial, research, or 
     other peaceful purposes, and (B) `destructive substance' 
     includes any radioactive device or material that can be used 
     to cause a harm listed in subsection (a) and that is not in 
     use solely for medical, industrial, research, or other 
     peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;
       ``(5) `mass transportation' has the meaning given to that 
     term in section 5302(a)(7) of title 49, United States Code, 
     except that the term shall include schoolbus, charter, and 
     sightseeing transportation;
       ``(6) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title; and
       ``(7) `State' has the meaning given to that term in section 
     2266 of this title.''.
       (b) The analysis of chapter 97 of title 18, United States 
     Code, is amended by adding at the end thereof:

``1994. Terrorist attacks against mass transportation.''.

     SEC. 504. INVESTIGATIVE JURISDICTION.

       The Federal Bureau of Investigation shall lead the 
     investigation of all offenses under sections 1192 and 1994 of 
     title 18, United States Code. The Federal Bureau of 
     Investigation shall cooperate with the National 
     Transportation Safety Board and with the Department of 
     Transportation in safety investigations by these agencies, 
     and with the Treasury Department's Bureau of Alcohol, Tobacco 
     and Firearms concerning an investigation regarding the 
     possession of firearms and explosives.

     SEC. 505. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO 
                   COMMUTER RAILROADS.

       Section 5329 is amended by adding at the end the following:
       ``(c) Commuter Railroad Safety Considerations.--In making a 
     grant or loan under this chapter that concerns a railroad 
     subject to the Secretary's railroad safety jurisdiction under 
     section 20102 of this title, the Federal Transit 
     Administrator shall consult with the Federal Railroad 
     Administrator concerning relevant safety issues. The 
     Secretary may use appropriate authority under this chapter, 
     including the authority to prescribe particular terms or 
     covenants under section 5334 of this title, to address any 
     safety issues identified in the project supported by the loan 
     or grant.''.

     SEC. 506. RAILROAD ACCIDENT AND INCIDENT REPORTING.

       Section 20901(a) is amended to read as follows:
       ``(a) General Requirements.--On a periodic basis not more 
     frequent than monthly, as specified by the Secretary of 
     Transportation, a railroad carrier shall file a report with 
     the Secretary on all accidents and incidents resulting in 
     injury or death to an individual or damage to equipment or a 
     roadbed arising from the carrier's operations during that 
     period. The report shall state the nature, cause, and 
     circumstances of each reported accident or incident. If a 
     railroad carrier assigns human error as a cause, the report 
     shall include, at the option of each employee whose error is 
     alleged, a statement by the employee explaining any factors 
     the employee alleges contributed to the accident or 
     incident.''.

     SEC. 507. VEHICLE WEIGHT LIMITATIONS--MASS TRANSPORTATION 
                   BUSES.

       Section 1023(h)(1) of the Intermodal Surface Transportation 
     Efficiency Act of 1991, as amended (23 U.S.C. 127 note), is 
     amended by striking ``the date on which'' and all that 
     follows through ``1995'' and inserting ``January 1, 2003''.
               TITLE --VI SPORTFISHING AND BOATING SAFETY

     SEC. 601. AMENDMENT OF 1950 ACT.

       Whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision of the 1950 Act, the reference shall be considered 
     to be made to a section or other provision of the Act 
     entitled ``An Act to provide that the United States shall aid 
     the States in fish restoration and management projects, and 
     for other purposes,'' approved August 9, 1950 (16 U.S.C. 777 
     et seq.).

     SEC. 602. OUTREACH AND COMMUNICATIONS PROGRAMS.

       (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 
     777a) is amended--
       (1) by indenting the left margin of so much of the text as 
     precedes ``(a)'' by 2 ems;
       (2) by inserting ``For purposes of this Act--'' after the 
     section caption;
       (3) by striking ``For the purpose of this Act the'' in the 
     first paragraph and inserting ``(1) the'';
       (4) by indenting the left margin of so much of the text as 
     follows ``include--'' by 4 ems;

[[Page S11066]]

       (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
     inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', 
     respectively;
       (6) by striking ``department.'' and inserting 
     ``department;''; and
       (7) by adding at the end thereof the following:
       ``(2) the term `outreach and communications program' means 
     a program to improve communications with anglers, boaters, 
     and the general public regarding angling and boating 
     opportunities, to reduce barriers to participation in these 
     activities, to advance adoption of sound fishing and boating 
     practices, to promote conservation and the responsible use of 
     the nation's aquatic resources, and to further safety in 
     fishing and boating; and
       ``(3) the term `aquatic resource education program' means a 
     program designed to enhance the public's understanding of 
     aquatic resources and sport-fishing, and to promote the 
     development of responsible attitudes and ethics toward the 
     aquatic environment.''.
       (b) Funding for Outreach and Communications Program.--
     Section 4 of the 1950 Act (16 U.S.C. 777c) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f);
       (2) by inserting after subsection (b) the following:
       ``(c) National Outreach and Communications Program.--Of the 
     balance of each such annual appropriation remaining after 
     making the distribution under subsections (a) and (b), 
     respectively, an amount equal to--
       ``(1) $5,000,000 for fiscal year 1998;
       ``(2) $6,000,000 for fiscal year 1999;
       ``(3) $7,000,000 for fiscal year 2000;
       ``(4) $8,000,000 for fiscal year 2001;
       ``(5) $10,000,000 for fiscal year 2002; and
       ``(6) $10,000,000 for fiscal year 2003,
     shall be used for the National Outreach and Communications 
     Program under section X08(d). Such amounts shall remain 
     available for 3 fiscal years, after which any portion thereof 
     that is unobligated by the Secretary of the Interior for 
     that program may be expended by the Secretary under 
     subsection (e).'';
       (3) by inserting a comma and ``for an outreach and 
     communications program'' after ``Act'' in subsection (d), as 
     redesignated;
       (4) by striking ``subsections (a) and (b),'' in subsection 
     (d), as redesignated, ``subsections (a), (b), and (c),'';
       (5) by adding at the end of subsection (d), as 
     redesignated, the following: ``Of the sum available to the 
     Secretary of the Interior under this subsection for any 
     fiscal year, up to $2,500,000 may be used for the National 
     Outreach and Communications Program under section X08(d) in 
     addition to the amount available for that program under 
     subsection (c). No funds available to the Secretary under 
     this subsection may be used to replace funding traditionally 
     provided through general appropriations, nor for any purposes 
     except those purposes authorized by this Act. The Secretary 
     shall publish a detailed accounting of the projects, 
     programs, and activities funded under this subsection 
     annually in the Federal Register.''; and
       (6) by striking ``subsections (a), (b), and (c),'' in 
     subsection (e), as redesignated, and inserting ``subsections 
     (a), (b), (c), and (d),''.
       (c) Increase in State Allocation.--Section 8 of the 1950 
     Act (16 U.S.C. 777g) is amended--
       (1) by striking ``12 1/2 percentum'' each place it appears 
     in subsection (b) and inserting ``15 percent'';
       (2) by striking ``10 percentum'' in subsection (c) and 
     inserting ``15 percent'''
       (3) by inserting ``and communications'' in subsection (c) 
     after ``outreach''; and
       (4) by redesignating subsection (d) as subsection (f); and 
     by inserting after subsection (c) the following:
       ``(d) National Outreach and Communications Program.--
       ``(1) Implementation.--Within 1 year after the date of 
     enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary of the Interior shall develop and 
     implement, in cooperation and consultation with the Sport 
     Fishing and Boating Partnership Council, a national plan for 
     outreach and communications.
       ``(2) Content.--The plan shall provide--
       ``(A) guidance, including guidance on the development of an 
     administrative process and funding priorities, for outreach 
     and communications programs; and
       ``(B) for the establishment of a national program.
       ``(3) Secretary may match or fund programs.--Under the 
     plan, the Secretary may obligate amounts available under 
     subsection (c) or (d) of section 604 of this Act--
       ``(A) to make grants to any State or private entity to pay 
     all or any portion of the cost of carrying out any outreach 
     or communications program under the plan; or
       ``(B) to fund contracts with States or private entities to 
     carry out such a program.
       ``(4) Review.--The plan shall be reviewed periodically, but 
     not less frequently than once every 3 years.
       ``(e) State Outreach and Communications Program.--Within 12 
     months after the completion of the national plan under 
     subsection (d)(1), a State shall develop a plan for an 
     outreach and communications program and submit it to the 
     Secretary. In developing the plan, a State shall--
       ``(1) review the national plan developed under subsection 
     (d);
       ``(2) consult with anglers, boaters, the sportfishing and 
     boating industries, and the general public; and
       ``(3) establish priorities for the State outreach and 
     communications program proposed for implementation.''.

     SEC. 603. CLEAN VESSEL ACT FUNDING.

       Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended 
     to read as follows:
       ``(b) Use of Balance After Distribution.--
       ``(1) Fiscal year 1998.--For fiscal year 1998, of the 
     balance remaining after making the distribution under 
     subsection (a), an amount equal to $51,000,000 shall be used 
     as follows:
       ``(A) $10,000,000 shall be available to the Secretary of 
     the Interior for 3 years for obligation for qualified 
     projects under section 5604(c) of the Clean Vessel Act of 
     1992 (33 U.S.C. 1322 note);
       ``(B) $10,000,000 shall be available to the Secretary of 
     the Interior for 3 years for obligation for qualified 
     projects under section X05(d) of the Intermodal 
     Transportation Safety Act of 1997; and
       ``(C) $31,000,000 shall be transferred to the Secretary of 
     Transportation and shall be expended for State recreational 
     boating safety programs under section 13106 of title 46, 
     United States Code.
       ``(2) Fiscal years 1999-2003.--For each of fiscal years 
     1999 through 2003, the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $84,000,000, reduced by 82 percent of the 
     amount appropriated for that fiscal year from the Boat Safety 
     Account of the Aquatic Resources Trust Fund established by 
     section 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 
     9504) to carry out the purposes of section 13106(a) of title 
     46, United States Code, shall be used as follows:
       ``(A) $10,000,000 shall be available for each fiscal year 
     to the Secretary of the Interior for 3 years for obligation 
     for qualified projects under section 5604(c) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note);
       ``(B) $10,000,000 shall be available for each fiscal year 
     to the Secretary of the Interior for 3 years for obligation 
     for qualified projects under section X05(d) of the Intermodal 
     Tranportation Safety Act of 1997; and
       ``(C) the balance shall be transferred for each such fiscal 
     year to the Secretary of Transportation and shall be expended 
     for State recreational boating safety programs under section 
     13106 of title 46, United States Code.
       ``(3) Amounts available under subparagraphs (A) and (B) of 
     paragraph (1) and paragraph (2) that are unobligated by the 
     Secretary of the Interior after 3 years shall be transferred 
     to the Secretary of Transportation and shall be expended for 
     State recreational boating safety programs under section 
     13106(a) of title 46, United States Code.''.

     SEC. 604. BOATING INFRASTRUCTURE.

       (a) Purpose.--The purpose of this section is to provide 
     funds to States for the development and maintenance of public 
     facilities for transient nontrailerable recreational vessels.
       (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as 
     amended by section X03, is amended by adding at the end 
     thereof the following:
       ``(g) Surveys.--
       ``(1) National framework.--Within 6 months after the date 
     of enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary, in consultation with the States, shall 
     adopt a national framework for a public boat access needs 
     assessment which may be used by States to conduct surveys to 
     determine the adequacy, number, location, and quality of 
     facilities providing access to recreational waters for all 
     sizes of recreational boats.
       ``(2) State surveys.--Within 18 months after such date of 
     enactment, each State that agrees to conduct a public boat 
     access needs survey following the recommended national 
     framework shall report its findings to the Secretary for use 
     in the development of a comprehensive national assessment of 
     recreational boat access needs and facilities.
       ``(3) Exception.--Paragraph (2) does not apply to a State 
     if, within 18 months after such date of enactment, the 
     Secretary certifies that the State has developed and is 
     implementing a plan that ensures there are and will be public 
     boat access adequate to meet the needs of recreational 
     boaters on its waters.
       ``(4) Funding.--A State that conducts a public boat access 
     needs survey under paragraph (2) may fund the costs of 
     conducting that assessment out of amounts allocated to it 
     as funding dedicated to motorboat access to recreational 
     waters under subsection (b)(1) of this section.''.
       (c) Plan.--Within 6 months after submitting a survey to the 
     Secretary under section 8(g) of the Act entitled ``An Act to 
     provide that the United States shall aid the States in fish 
     restoration and management projects, and for other 
     purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as 
     added by subsection (b) of this section, a State may develop 
     and submit to the Secretary a plan for the construction, 
     renovation, and maintenance of public facilities, and access 
     to those facilities, for transient nontrailerable 
     recreational vessels to meet the needs of nontrailerable 
     recreational vessels operating on navigable waters in the 
     State.
       (d) Grant Program.--
       (1) Matching grants.--The Secretary of the Interior shall 
     obligate amounts made available under section 4(b)(1)(C) of 
     the Act entitled ``An Act to provide that the United States 
     shall aid the States in fish restoration and management 
     projects, and for other

[[Page S11067]]

     purposes,'' approved August 9, 1950 (16 U.S.C. 777c(b)(1)(C)) 
     to make grants to any State to pay not more than 75 percent 
     of the cost to a State of constructing, renovating, or 
     maintaining public facilities for transient nontrailerable 
     recreational vessels.
       (2) Priorities.--In awarding grants under paragraph (1), 
     the Secretary shall give priority to projects that--
       (A) consist of the construction, renovation, or maintenance 
     of public facilities for transient nontrailerable 
     recreational vessels in accordance with a plan submitted by a 
     State under subsection (c);
       (B) provide for public/private partnership efforts to 
     develop, maintain, and operate facilities for transient 
     nontrailerable recreational vessels; and
       (C) propose innovative ways to increase the availability of 
     facilities for transient nontrailerable recreational vessels.
       (e) Definitions.--For purposes of this section, the term--
       (1) ``nontrailerable recreational vessel'' means a 
     recreational vessel 26 feet in length or longer--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure;
       (2) ``public facilities for transient nontrailerable 
     recreational vessels'' includes mooring buoys, day-docks, 
     navigational aids, seasonal slips, or similar structures 
     located on navigable waters, that are available to the 
     general public and designed for temporary use by 
     nontrailerable recreational vessels; and
       (4) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.
       (f) Effective Date.--This section shall take effect on 
     October 1, 1997.

     SEC. 605. BOAT SAFETY FUNDS.

       (a) Availability of Allocations.--Section 13104(a) of title 
     46, United States Code, is amended--
       (1) by striking ``3 years'' in paragraph (1) and inserting 
     ``2 years''; and
       (2) by striking ``3-year'' in paragraph (2) and inserting 
     ``2-year''.
       (b) Expenditures.--Section 13106 of title 46, United States 
     Code, is amended--
       (1) by striking the first sentence of subsection (a)(1) and 
     inserting the following: ``Subject to paragraph (2) and 
     subsection (c), the Secretary shall expend in each fiscal 
     year for State recreational boating safety programs, under 
     contracts with States under this chapter, an amount equal to 
     the sum of (A) the amount appropriated from the Boat Safety 
     Account for that fiscal year and (B) the amount transferred 
     to the Secretary under section 4(b) of the Act of August 9, 
     1950 (16 U.S.C. 777c(b)).''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Of the amount transferred for each fiscal year to the 
     Secretary of Transportation under section 4(b) of the Act of 
     August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available 
     to the Secretary for payment of expenses of the Coast Guard 
     for personnel and activities directly related to coordinating 
     and carrying out the national recreational boating safety 
     program under this title. No funds available to the Secretary 
     under this subsection may be used to replace funding 
     traditionally provided through general appropriations, nor 
     for any purposes except those purposes authorized by this 
     Act. Amounts made available by this subsection shall remain 
     available until expended. The Secretary shall publish 
     annually in the Federal Register a detailed accounting of the 
     projects, programs, and activities funded under this 
     subsection.''.
       (c) Conforming Amendments.--
       (1) The caption for section 13106 of title 46, United 
     States Code, is amended to read as follows:

     ``Sec.  13106. AUTHORIZATION OF APPROPRIATIONS''.

       (2) The chapter analysis for chapter 131 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 13106 and inserting the following:

``13106. Authorization of appropriations''.

     TITLE VII--MISCELLANEOUS

     SEC. 701. ENFORCEMENT OF WINDOW GLAZING STANDARDS FOR LIGHT 
                   TRANSMISSION.

       Section 402(a) of title 23, United States Code, is amended 
     by striking ``post-accident procedures.'' and inserting 
     ``post-accident procedures, including the enforcement of 
     light transmission standards of glazing for passenger motor 
     vehicles and light trucks as necessary to improve highway 
     safety.''.
                                 ______
                                 

                    McCAIN AMENDMENTS NOS. 1417-1421

  (Ordered to lie on the table.)
  Mr. McCAIN submitted five amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1417

       On page 136, strike line 22 and insert the following: 
     specified in subparagraph (G).''.

     SEC. 11  . AVAILABILITY OF FUNDING FOR DEMONSTRATION 
                   PROJECTS.

       Section 118(b)(2) of title 23, United States Code, is 
     amended--
       (1) by striking ``FUNDS.--Except as'' and inserting the 
     following: ``FUNDS.--
       ``(A) In general.--Except as''; and
       (2) by adding at the end the following:
       ``(B) Demonstration projects.--
       ``(i) Definition.--In this subparagraph, the term 
     `demonstration project' means a demonstration project or 
     program authorized under--
       ``(I) the Intermodal Surface Transportation Efficiency Act 
     of 1991 (Public Law 102-240);
       ``(II) the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (Public Law 100-17);
       ``(III) the Surface Transportation Assistance Act of 1982 
     (Public Law 97-424); or
       ``(IV) any other law.
       ``(ii) Period of availability.--Notwithstanding any other 
     provision of law, if none of the funds allocated for a 
     demonstration project in a State have been obligated by the 
     date that is 3 years after the last day of the fiscal year 
     for which the funds are authorized, the funds and the 
     authorization of the project shall lapse.
       ``(iii) Transition provision.--In the case of a 
     demonstration project authorized before the date of enactment 
     of this subparagraph for which funds are not obligated as 
     described in clause (ii) as of that date, the funds and the 
     authorization of the project shall lapse on that date.''.
                                                                    ____


                           Amendment No. 1418

       On page 136, strike line 22 and insert the following: 
     specified in subparagraph (G).''.

     SEC. 11  . AVAILABILITY OF FUNDING FOR DEMONSTRATION 
                   PROJECTS.

       Section 118(b)(2) of title 23, United States Code, is 
     amended--
       (1) by striking ``FUNDS.--Except as'' and inserting the 
     following: ``FUNDS.--
       ``(A) In general.--Except as''; and
       (2) by adding at the end the following:
       ``(B) Demonstration projects.--
       ``(i) Definition.--In this subparagraph, the term 
     `demonstration project' means a demonstration project or 
     program authorized under--
       ``(I) the Intermodal Surface Transportation Efficiency Act 
     of 1991 (Public Law 102-240);
       ``(II) the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (Public Law 100-17);
       ``(III) the Surface Transportation Assistance Act of 1982 
     (Public Law 97-424); or
       ``(IV) any other law.
       ``(ii) Period of availability.--Notwithstanding any other 
     provision of law, if none of the funds allocated for a 
     demonstration project in a State have been obligated by the 
     date that is 3 years after the last day of the fiscal year 
     for which the funds are authorized, the Secretary shall 
     reallocate funds for the project to other States in the same 
     manner as funds are apportioned under section 104(b).
       ``(iii) Transition provision.--In the case of a 
     demonstration project authorized before the date of enactment 
     of this subparagraph for which funds are not obligated as 
     described in clause (ii) as of the date, the funds shall be 
     reallocated in accordance with clause (ii) as soon as 
     practicable after the date.''.
                                                                    ____


                           Amendment No. 1419

       Beginning on page 39, strike line 21 and all that follows 
     through page 40, line 10, and insert the following:
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); and
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701).
       On page 44, strike line 5 and insert the following: date of 
     enactment of this subparagraph).
       ``(3) Demonstration projects.--
       ``(A) Definition.--In this paragraph, the term 
     `demonstration project' means a demonstration project or 
     program authorized under--
       ``(i) the Intermodal Surface Transportation Efficiency Act 
     of 1991 (Public Law 102-240);
       ``(ii) the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (Public Law 100-17);
       ``(iii) the Surface Transportation Assistance Act of 1982 
     (Public Law 97-424); or
       ``(iv) any other law.
       ``(B) Applicability of obligation limitations.--
     Notwithstanding any other provision of law, a demonstration 
     project shall be subject to any limitation on obligations 
     established by law that applies to Federal-aid highways and 
     highway safety construction programs.''.
                                                                    ____


                           Amendment No. 1420

       Beginning on page 39, strike line 21 and all that follows 
     through page 40, line 10, and insert the following:
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); and
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701).
                                                                    ____


                           Amendment No. 1421

       On page 44, strike line 5 and insert the following: date of 
     enactment of this subparagraph).
       ``(3) Demonstration projects.--
       ``(A) Definition.--In this paragraph, the term 
     `demonstration project' means a demonstration project or 
     program authorized under--
       ``(i) the Intermodal Surface Transportation Efficiency Act 
     of 1991 (Public Law 102-240);
       ``(ii) the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (Public Law 100-17);
       ``(iii) the Surface Transportation Assistance Act of 1982 
     (Public Law 97-424); or
       ``(iv) any other law.
       ``(B) Applicability of obligation limitations.--
     Notwithstanding any other provision

[[Page S11068]]

     of law, a demonstration project shall be subject to any 
     limitation on obligations established by law that applies to 
     Federal-aid highways and highway safety construction 
     programs.''.
                                 ______
                                 

                        BOXER AMENDMENT NO. 1422

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill, S. 1173, supra; as follows:

       Strike section 1407 and insert the following:

     SEC. 1407. AUTOMATIC CRASH PROTECTION UNBELTED TESTING 
                   STANDARD.

       (a) Revision of Standards.--
       (1) In general.--Not later than December 31, 1998, the 
     Secretary shall issue final regulations that revise the 
     Federal Motor Vehicle Safety Standard No. 208 for occupant 
     protection to require additional types of tests to protect 
     all sizes of occupants (particularly children), conducted--
       (A) with or without manual safety belts;
       (B) at low and high speeds; and
       (C) from head-on and offset collisions.
       (2) Applicability.--The final regulations issued under 
     paragraph (1) shall require that all passenger cars and 
     multipurpose vehicles comply with the additional testing 
     requirements described in paragraph (1) beginning on 
     September 1, 2001.
       (b) Consumer Information.--
       (1) Airbag information.--The Secretary shall, by 
     regulation, require the disclosure to purchasers of newly 
     manufactured motor vehicles, critical information regarding 
     the operation and characteristics of both driver- and 
     passenger-side airbags.
       (2) Requirements for information.--The information 
     described in paragraph (1) shall include, at a minimum, 
     information concerning, with respect to each covered airbag--
       (A) the airbag deployment threshold;
       (B) the maximum deployment force of the airbag;
       (C) the location of the airbag module;
       (D) the direction in which the airbag deploys;
       (E) the range of airbag intrusion into the seating area; 
     and
       (F) the use of features (if any) to control the extent of 
     airbag excursion.
       (3) Placement of information.--The regulations issued under 
     this subsection shall require that the information that is 
     required to be disclosed under the regulation be disclosed--
       (A) on a window sticker of the motor vehicle involved; and
       (B) in the owners' manual of the motor vehicle involved.
       (4) Applicability.--The regulations issued under this 
     subsection shall require compliance not later than 1 year 
     after the date of enactment of this Act.
       (c) Safe Procedures Notification.--
       (1) In general.--Not later than September 1, 1998, a 
     manufacturer shall provide to each purchaser of a newly 
     manufactured motor vehicle that is manufactured by that 
     manufacturer, in the owners' manual of that motor vehicle, 
     comprehensive information concerning the actions and 
     precautions that are necessary to ensure proper occupant 
     positioning in airbag-equipped seating positioning. That 
     information shall--
       (A) be based on different sizes and ages of occupants;
       (B) provide specific information concerning the safety of 
     children and infants; and
       (C) include information concerning the proper positioning 
     of vehicle equipment, including seats and the steering 
     column.
       (2) Previous purchasers.--With respect to an owner who 
     purchases a newly manufactured airbag equipped motor vehicle 
     before the date specified in paragraph (1), the manufacturer 
     of that motor vehicle shall provide to that owner the 
     information described in paragraph (1) in a manner consistent 
     with section 30118(c) of title 49, United States Code.
                                 ______
                                 

                BOXER (AND WELLSTONE) AMENDMENT NO. 1423

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself and Mr. Wellstone) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       On page 345, line 6, strike ``and''.
       On page 345, line 9, strike the period and insert ``; 
     and''.
       On page 345, between lines 9 and 10, insert the following:
       ``(H) research on telecommuting, research on the linkages 
     between transportation, information technology, and community 
     development, and research on the impacts of technological 
     change and economic restructuring on travel demand, to be 
     carried out by an information technology and transportation 
     consortium composed of universities and other organizations 
     under grants made, or cooperative agreements or contracts 
     entered into, by the Secretary.
       On page 415, line 15, before the period, insert the 
     following: ``, of which not less than $2,000,000 for each 
     fiscal year shall be available to carry out section 
     502(b)(2)(H)''.
                                 ______
                                 

                CAMPBELL (AND GRAMM) AMENDMENT NO. 1424

  (Ordered to lie on the table.)
  Mr. CAMPBELL (for himself and Mr. Gramm) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . LIMITATIONS.

       (a) Prohibition on Lobbying Activities.--(1) No funds 
     authorized in this title shall be available for any activity 
     to build support for or against, or to influence the 
     formulation, or adoption of State or local legislation, 
     unless such activity is consistent with previously-existing 
     Federal mandates or incentive programs.
       (b) Nothing in this section shall prohibit officers or 
     employees of the United States or its departments or agencies 
     from testifying before any State or local legislative body 
     upon the invitation of such legislative body.
                                 ______
                                 

                      CAMPBELL AMENDMENT NO. 1425

  (Ordered to lie on the table.)
  Mr. CAMPBELL submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       On page 30, strike line 1 and insert the following: ``is 
     not less than 0.90 for fiscal year 1998, 0.91 for fiscal year 
     1999, 0.92 for fiscal year 2000, 0.93 for fiscal year 2001, 
     0.94 for fiscal year 2002, 0.95 for fiscal year 2003; and''.
       On page 5, line 8, insert ``(a) In Gen- eral.--'' before 
     ``For''.
       On page 7, between lines 20 and 21, insert the following:
       (b) Reduction of Sums.--Notwithstanding subsection (a), the 
     sums made available under subsection (a) shall be reduced on 
     a pro rata basis by the amount necessary to offset the 
     budgetary impact resulting from adoption of this amendment.
       On page 5, line 8, insert ``(a) In Gen- eral.--'' before 
     ``For''.
       On page 7, between lines 20 and 21, insert the following:
       (b) Effect of Increased Available Amounts.--The increased 
     funding levels provided by this amendment shall not take 
     effect unless the amounts made available under subsection (a) 
     are increased above the levels of those amounts in the 
     modified Committee amendment filed in the Senate on October 
     8, 1997.
                                 ______
                                 

                   DOMENICI AMENDMENTS NOS. 1426-1430

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted five amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1426

       At the appropriate place insert the following:
       Findings.--The Senate finds that--
       (1) the Senate agreed to abide by the levels and priorities 
     of spending worked out in the Bipartisan Budget Agreement 
     with a vote of 76 to 22 on the adoption of the fiscal year 
     1998 budget resolution on June 5, 1997;
       (2) this agreement calls for $146,000,000,000 in spending 
     authority over the next 5 fiscal years for the 
     reauthorization of the Intermodal Surface Transportation 
     Efficiency Act (ISTEA); and
       (3) to provide for additional transportation spending over 
     this time period it will be necessary, so as not to increase 
     the deficit and to remain in compliance with the Bipartisan 
     Budget Agreement, to reduce spending for other appropriated 
     Federal programs by an equivalent amount.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that spending shall be eliminated for all Army procurement 
     over the next 5 years in order to truly provide additional 
     Federal spending for transportation.
                                                                    ____


                           Amendment No. 1427

       At the appropriate place insert the following:
       (a) Findings.--The Senate finds that--
       (1) the Senate agreed to abide by the levels and priorities 
     of spending worked out in the Bipartisan Budget Agreement 
     with a vote of 76 to 22 on the adoption of the fiscal year 
     1998 budget resolution on June 5, 1997;
       (2) this agreement calls for $146,000,000,000 in spending 
     authority over the next 5 fiscal years for the 
     reauthorization of the Intermodal Surface Transportation 
     Efficiency Act (ISTEA); and
       (3) to provide for additional transportation spending over 
     this time period it will be necessary, so as not to increase 
     the deficit and to remain in compliance with the Bipartisan 
     Budget Agreement, to reduce spending for other appropriated 
     Federal programs by an equivalent amount.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that spending shall be eliminated completely for the National 
     Cancer Institute, National Heart and Lung Institute, National 
     Institute for Diabetes, and AIDS research over the next 5 
     years in order to truly provide additional Federal spending 
     for transportation.
                                                                    ____


                           Amendment No. 1428

       At the appropriate place insert the following:
       (a) Findings.--The Senate finds that--
       (1) the Senate agreed to abide by the levels and priorities 
     of spending worked out in the Bipartisan Budget Agreement 
     with a vote of 76 to 22 on the adoption of the fiscal year 
     1998 budget resolution on June 5, 1997;
       (2) this agreement calls for $146,000,000,000 in spending 
     authority over the next 5 fiscal

[[Page S11069]]

     years for the reauthorization of the Intermodal Surface 
     Transportation Efficiency Act (ISTEA); and
       (3) to provide for additional transportation spending over 
     this time period it will be necessary, so as not to increase 
     the deficit and to remain in compliance with the Bipartisan 
     Budget Agreement, to reduce spending for other appropriated 
     Federal programs by an equivalent amount.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that spending for the Head Start program over the next 5 
     years shall be terminated in order to truly provide 
     additional Federal spending for transportation.
                                                                    ____


                           Amendment No. 1429

       At the appropriate place insert the following:
       (a) Findings.--The Senate finds that--
       (1) the Senate agreed to abide by the levels and priorities 
     of spending worked out in the Bipartisan Budget Agreement 
     with a vote of 76 to 22 on the adoption of the fiscal year 
     1998 budget resolution on June 5, 1997;
       (2) this agreement calls for $146,000,000,000 in spending 
     authority over the next 5 fiscal years for the 
     reauthorization of the Intermodal Surface Transportation 
     Efficiency Act (ISTEA); and
       (3) to provide for additional transportation spending over 
     this time period it will be necessary, so as not to increase 
     the deficit and to remain in compliance with the Bipartisan 
     Budget Agreement, to reduce spending for other appropriated 
     Federal programs by an equivalent amount.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that spending for the EPA over the next 5 years shall be 
     terminated in order to truly provide additional Federal 
     spending for transportation.
                                                                    ____


                           Amendment No. 1430

       At the appropriate place insert the following:
       (a) Findings.--The Senate finds that--
       (1) the Senate agreed to abide by the levels and priorities 
     of spending worked out in the Bipartisan Budget Agreement 
     with a vote of 76 to 22 on the adoption of the fiscal year 
     1998 budget resolution on June 5, 1997;
       (2) this agreement calls for $146,000,000,000 in spending 
     authority over the next 5 fiscal years for the 
     reauthorization of the Intermodal Surface Transportation 
     Efficiency Act (ISTEA); and
       (3) to provide for additional transportation spending over 
     this time period it will be necessary, so as not to increase 
     the deficit and to remain in compliance with the Bipartisan 
     Budget Agreement, to reduce spending for other appropriated 
     Federal programs by an equivalent amount.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that spending for the FBI, DEA, ATF, INS, and Secret Service 
     over the next 5 years shall be reduced by $30 billion in 
     order to truly provide additional Federal spending for 
     transportation.
                                 ______
                                 

                DOMENICI (AND ALLARD) AMENDMENT NO. 1431

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself and Mr. Allard) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       At the appropriate place insert:

     SEC.  . REPEAL OF 4.3-CENT TRANSPORTATION MOTOR FUELS EXCISE 
                   TAX TRANSFERRED TO THE HIGHWAY TRUST FUND BY 
                   THE TAXPAYER RELIEF ACT OF 1997.

       (a) Repeal.--
       (1) In General.--Section 4081 (relating to imposition of 
     tax on gasoline and diesel fuel) is amended by adding at the 
     end the following new subsection:
       ``(f) Repeal of 4.3-Cent Transportation Motor Fuels Excise 
     Tax Transferred to the Highway Trust Fund by the Taxpayer 
     Relief Act of 1997.--
       ``(1) In general.--Each rate of tax referred to in 
     paragraph (2) shall be reduced by 4.3 cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) subsection (a)(2)(A) (relating to gasoline and diesel 
     fuel),
       ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to 
     aviation fuel),
       ``(C) section 4042(b)(2)(C) (relating to fuel used on 
     inland waterways),
       ``(D) paragraph (1) or (2) of section 4041(a) (relating to 
     diesel fuel and special fuels),
       ``(E) section 4041(c)(3) (relating to gasoline used in 
     noncommercial aviation), and
       ``(F) section 4041(m)(1)(A)(i) (relating to certain 
     methanol or ethanol fuels).
       ``(3) Comparable treatment for compressed natural gas.--No 
     tax shall be imposed by section 4041(a)(3) on any sale or use 
     during the applicable period.
       ``(4) Comparable treatment under certain refund rules.--
     Each of the rates specified in sections 6421(f)(2)(B), 6421 
     (f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 
     6427(l)(4)(B) shall be reduced by 4.3 cents per gallon.
       ``(5) Coordination with mass transit account.--The rate of 
     tax specified in section 9503(e)(2) shall be reduced by .85 
     cent per gallon.''.
       (2) Effective date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       (b) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before the tax repeal date, tax has been imposed under 
     section 4081 or 4091 of the Internal Revenue Code of 1986 on 
     any liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,

     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this subsection 
     referred to as the ``taxpayer'') an amount equal to the 
     excess of the tax paid by the taxpayer over the amount of 
     such tax which would be imposed on such liquid had the 
     taxable event occurred on such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before the date which is 6 months after the tax 
     repeal date, and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the tax repeal date--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before the date which is 3 months after the tax 
     repeal date, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection--
       (A) the terms ``dealer'' and ``held by a dealer'' have the 
     respective meanings given to such terms by section 6412 of 
     such Code; except that the term ``dealer'' includes a 
     producer, and
       (B) the term ``tax repeal date'' means the date of the 
     enactment of this section.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this subsection.
       (c) Administrative Procedures.--
       (1) The United States Department of Treasury shall inform 
     each State and territory Governor within seven days of 
     enactment of this section--
       (A) that this section has been enacted, and
       (B) the estimated amount of Federal gas tax revenues no 
     longer collected in their respective States between fiscal 
     years 2000 and 2009 due to enactment of this section.
       (2) Each State and territory may by October 1, 1999--
       (A) adjust their respective State gas tax upward to make up 
     for the Federal gas tax reduction enacted by this section for 
     the purpose of transportation spending in that State,
       (B) provide tax relief to their citizens by not increasing 
     their State gas taxes equivalent to the reductions enacted by 
     this section, or
       (C) a combination of both (A) and (B).
                                 ______
                                 

                   DOMENICI AMENDMENTS NOS. 1432-1433

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted two amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1432

       At the appropriate place insert:

     SEC.   . REPEAL OF TRANSFER OF GENERAL REVENUE PORTION OF 
                   HIGHWAY MOTOR FUELS TAXES INTO HIGHWAY TRUST 
                   FUND.

       (a) In General.--Section 901 of the Taxpayer Relief Act of 
     1997 (other than subsection (e)) is repealed.
       (b) Application of the Internal Revenue Code of 1986.--The 
     Internal Revenue Code of 1986 shall be applied and 
     administered as if that section (and the amendments made by 
     such section) had not been enacted.
                                                                    ____


                           Amendment No. 1433

       At the appropriate place insert the following:
       Notwithstanding any other provision of this Act, any amount 
     of contract authority which is provided in this Act for the 
     reauthorization of the Intermodal Surface Transportation 
     Efficiency Act of 1991, which exceeds $147,387,000,000 for 
     fiscal years 1998 through 2002 shall only be available to the 
     extent provided in advance in appropriation acts.
                                 ______
                                 

                DOMENICI (AND CHAFEE) AMENDMENT NO. 1434

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself and Mr. Chafee) submitted two amendments 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       At the end of the bill, add the following:
                     TITLE III--ADDITIONAL FUNDING

     SEC. 3001. ADDITIONAL FUNDING.

       (a) Highways.--
       (1) Apportionment.--For each of fiscal years 1999 through 
     2003, the following additional amounts shall be apportioned 
     among the States so that each State's percentage of the 
     remainder for a fiscal year is equal to the State's 
     percentage of the sum of--

[[Page S11070]]

       (A) the total apportionments made under section 1102 and 
     the amendments made by section 1102; and
       (B) the total amounts made available for metropolitan 
     planning under section 104(f) of title 23, United States 
     Code;

     for the current fiscal year.
       (2) Amounts.--The amounts referred to in paragraph (1) are 
     the following:
       (A) For fiscal year 1999, $0.
       (B) For fiscal year 2000, $0.
       (C) For fiscal year 2001, $0.
       (D) For fiscal year 2002, $0.
       (E) For fiscal year 2003, $0.
       (3) Obligation of amounts.--Amounts apportioned under 
     paragraph (1)--
       (A) 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;
       (B) shall be available for any purpose eligible for funding 
     under section 133 of that title; and
       (C) 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.
       (4) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are provided in paragraph (2).
       (B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (b) Mass Transit.--
       (1) Authorization.--For each of fiscal years 1999 through 
     2003, the following additional amounts shall be made 
     available to the Secretary to carry out sections 5307, 5309, 
     5310, and 5311 of title 49, United States Code.
       (2) Amounts.--
       (A) Section 5307, 5310, and 5311.--The amounts referred to 
     in paragraph (1) are the following amounts to carry out the 
     purposes of section 5307, 5310 and 5311:
       (i) For fiscal year 1999, $0.
       (ii) For fiscal year 2000, $0.
       (iii) For fiscal year 2001, $0.
       (iv) For fiscal year 2002, $0.
       (v) For fiscal year 2003, $0.
       (B) Section 5309.--The amounts referred to in paragraph (1) 
     are the following amounts to carry out the purposes of 
     section 5309:
       (i) For fiscal year 1999, $0.
       (ii) For fiscal year 2000, $0.
       (iii) For fiscal year 2001, $0.
       (iv) For fiscal year 2002, $0.
       (v) For fiscal year 2003, $0.
       (3) Obligation of amounts.--Amounts made available under 
     this subsection--
       (A) shall be considered to be sums made available for 
     expenditure on Federal transit programs;
       (B) shall be available for any purpose eligible for funding 
     under the applicable section, except that funds provided to 
     urbanized areas over 200,000 population under section 5307 
     shall not be available for operating assistance; and
       (C) shall remain available for obligation for the same 
     period of time as if the funds were provided under section 
     5338 of title 49.
       (4) Authorization of contract authority.--
       (A) In general.--There shall be available from the Mass 
     Transit Account such sums as are provided in paragraph (2).
       (B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned or allocated under 
     sections 5307, 5309, 5310, and 5311 of title 49, United 
     States Code.
       (c) Potential Increase for Transportation Spending.--If the 
     fiscal year 1999, 2000, 2001, or 2002 concurrent resolution 
     on the budget assumes higher budget authority and outlay 
     levels for transportation spending than assumed in H. Con. 
     Res. 84 (the fiscal year 1998 budget resolution), the budget 
     resolution shall separately specify the increased budget 
     authority levels for highways and mass transit spending and 
     the outlays flowing from such levels for each fiscal year 
     through fiscal year 2002. If the fiscal year 2003 concurrent 
     resolution on the budget provides additional budget authority 
     and outlays for transportation spending during fiscal year 
     2003, then that resolution shall separately specify the 
     increased budget authority levels for highway and mass 
     transit spending and the outlays flowing from such levels.
       (d) Expedited Procedures.--
       (1) Definition of highway and mass transit funding joint 
     resolution.--In this section, the term ``highway and mass 
     transit funding joint resolution'' means a joint resolution, 
     the matter after the resolving clause of which consists 
     solely of the following:
       (A) With respect to section 1 of such joint resolution, 
     each blank space being filled in with a specific dollar 
     amount that does not exceed the budget authority level for 
     highways pursuant to subsection (c).
       (B) With respect to section 2 of such joint resolution, 
     each blank space being filled in with a specific dollar 
     amount that does not exceed the budget authority level for 
     mass transit pursuant to subsection (c).
       (C) With respect to section 3 of such joint resolution, 
     each blank space being filled in by an amount that does not 
     exceed the outlay level pursuant to subsection (c).

     ``SECTION 1. ADDITIONAL HIGHWAY FUNDING.

       ``Section 3001(a)(2) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 is amended--
       ``(1) in subparagraph (A), by striking `$0' and inserting 
     `$________';
       ``(2) in subparagraph (B), by striking `$0' and inserting 
     `$________';
       ``(3) in subparagraph (C), by striking `$0' and inserting 
     `$________';
       ``(4) in subparagraph (D), by striking `$0' and inserting 
     `$________'; and
       ``(5) in subparagraph (E), by striking `$0' and inserting 
     `$________'.

     ``SEC. 2. ADDITIONAL MASS TRANSIT FUNDING.

       ``(a) Section 3001(b)(2)(A) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 is amended--
       ``(1) in clause (i), by striking `$0' and inserting `$ 
     ____';
       ``(2) in clause (ii), by striking `$0' and inserting `$ 
     ____';
       ``(3) in clause (iii), by striking `$0' and inserting `$ 
     ____';
       ``(4) in clause (iv), by striking `$0' and inserting `$ 
     ____'; and
       ``(5) in clause (v), by striking `$0' and inserting `$ 
     ____'.
       ``(b) Section 3001(b)(2)(B) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 is amended--
       ``(1) in clause (i), by striking `$0' and inserting `$ 
     ____';
       ``(2) in clause (ii), by striking `$0' and inserting `$ 
     ____';
       ``(3) in clause (iii), by striking `$0' and inserting `$ 
     ____';
       ``(4) in clause (iv), by striking `$0' and inserting `$ 
     ____'; and
       ``(5) in clause (v), by striking `$0' and inserting `$ 
     ____'.

     ``SEC. 3. ADDITIONAL OUTLAYS FOR TRANSPORTATION.

       ``The discretionary spending limits set forth in section 
     251(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 as adjusted pursuant to that Act are increased by 
     the following amounts:
       ``(1) With respect to fiscal year 1999, ________ for 
     nondefense outlays.
       ``(2) With respect to fiscal year 2000, ________ for 
     discretionary outlays.
       ``(3) With respect to fiscal year 2001, ________ for 
     discretionary outlays.
       ``(4) With respect to fiscal year 2002, ________ for 
     discretionary outlays.''.
       (2) In the senate.--
       (A) Introduction and referral.--
       (i) In general.--A highway and mass transit funding 
     resolution introduced in the Senate shall be referred (for a 
     period not to exceed 5 days of session, following the date of 
     introduction) first to the Committee on Environment and 
     Public Works and then to the Committee on Banking, Housing, 
     and Urban Affairs. If either committee fails to report the 
     joint resolution within that period, that committee shall be 
     automatically discharged from consideration of the 
     resolution. In the case of the Committee on Environment and 
     Public Works being discharged, the resolution shall then be 
     referred to the Committee on Banking, Housing, and Urban 
     Affairs. In the case of the Committee on Banking, Housing, 
     and Urban Affairs being discharged, the resolution shall be 
     placed on the Calendar.
       (ii) Measure from the house.--When the Senate receives from 
     the House of Representatives a highway and mass transit 
     funding joint resolution, such resolution shall not be 
     referred to committee and shall be placed on the Calendar.
       (B) Limitation on amendments.--Amendments to a highway and 
     mass transit funding joint resolution considered under this 
     section shall be limited to those amendments which either 
     increase or decrease dollar amounts specified in the 
     resolution; but in no case shall such an amendment exceed the 
     levels set out in subsection (c). No motion to suspend the 
     application of this subsection shall be in order, nor shall 
     it be in order in either House for the presiding officer to 
     entertain a request to suspend the application of this 
     subsection by unanimous consent.
       (C) Floor consideration.--
       (i) Motion to proceed.--A motion to proceed to the 
     consideration of a highway and mass transit funding joint 
     resolution under this subsection shall not be debatable. It 
     shall not be in order to move to reconsider the vote by which 
     the motion to proceed was adopted or rejected, although 
     subsequent motions to proceed may be made under this 
     paragraph.
       (ii) Time for consideration.--After no more than 10 hours 
     of consideration of a highway and mass transit funding joint 
     resolution, the Senate shall proceed, without intervening 
     action or debate to vote on the final disposition thereof to 
     the exclusion of all motions, except a motion to reconsider 
     or to table. The time for consideration shall be equally 
     divided and controlled by the Majority Leader and the 
     Minority Leader or their designees. A motion to recommit a 
     highway and mass transit funding joint resolution shall not 
     be in order.
       (iii) Points of order waived.--All points of order against 
     the highway and mass transit funding joint resolution are 
     waived.
       (D) Joint resolution from the house of representatives.--If 
     prior to the conclusion of consideration pursuant to 
     subparagraph (C)(ii) of a highway and mass transit funding 
     joint resolution originated in the Senate, the Senate 
     receives from the House of Representatives a highway and mass 
     transit funding joint resolution, it shall be in order at the

[[Page S11071]]

     conclusion of consideration of the Senate measure, without 
     any intervening action or debate to proceed to the 
     consideration of the House of Representatives measure, read 
     it for the third time and vote on final disposition thereof 
     to the exclusion of all motions, except a motion to 
     reconsider or to table.

       (E) Senate measure to calendar.--In the Senate, if a 
     highway and mass transit funding joint resolution received 
     from the House of Representatives is considered pursuant to 
     subparagraph (D) then the Senate measure shall be returned to 
     the Calendar.

       (3) In the house of representatives.--
       (4) Application of expedited procedures.--The provisions of 
     this subsection (including the wavier of all points of order 
     under paragraph (2)(C)(iii)) shall only apply to a resolution 
     that meets the definition of paragraph (1).
       (5) Sunset.--This subsection shall expire on September 30, 
     2003.
                                 ______
                                 

            McCONNELL (AND OTHERS) AMENDMENTS NOS. 1435-1438

  (Ordered to lie on the table.)
  Mr. McCONNELL (for himself, Mr. Gorton, Mr. Sessions, Mr. Hutchinson, 
and Mr. Ashcroft) submitted four amendments intended to be proposed by 
them to the bill, S. 1173, supra; as follows:

                           Amendment No. 1435

       Beginning on page 77, strike line 16 and all that follows 
     through page 79, line 13.
                                                                    ____


                           Amendment No. 1436

       Beginning on page 77, strike line 16 and all that follows 
     through page 79, line 13.
                                                                    ____


                           Amendment No. 1437

       Strike section 1111 and insert the following:

     SEC. 1111. EMERGING BUSINESS ENTERPRISE PROGRAM.

       (a) Definitions.--In this section:
       (1) Emerging business enterprise.--The term ``emerging 
     business enterprise'' means a business that--
       (A) has gross receipts not greater than the numerical size 
     standard that the Administrator of the Small Business 
     Administration has made applicable to the standard industrial 
     classification in which the business performs the majority of 
     its work; and
       (B) has bid for Federal surface transportation contracts 
     and subcontracts for not more than 9 years.
       (2) Federal surface transportation law.--The term ``Federal 
     surface transportation law'' means the surface transportation 
     provisions of this Act and titles 23 and 49, United States 
     Code.
       (3) Preferential treatment.--The term ``preferential 
     treatment'' means the grant of an advantage to any person 
     based on--
       (A) any numerical goal, quota, timetable, benchmark, or 
     set-aside, or other numerical objective, for the award of a 
     contract or subcontract;
       (B) any bid preference, cost preference, or price 
     preference, including a bonus and an evaluation credit; or
       (C) any requirement imposed in conjunction with any 
     numerical objective for the award of a contract or 
     subcontract.
       (b) Policy.--It is the policy of the United States to 
     provide and encourage the maximum practicable opportunity for 
     emerging business enterprises, including emerging business 
     enterprises owned by members of a minority group based on 
     race, color, or national origin (referred to in this section 
     as ``minorities'') and women, to compete for prime contracts 
     and subcontracts funded under Federal surface transportation 
     law, consistent with the fifth and 14th amendments to the 
     Constitution.
       (c) Requirement for Emerging Business Enterprise 
     Development and Outreach.--
       (1) In general.--Each State that receives funds made 
     available under Federal surface transportation law shall 
     engage in emerging business enterprise development and 
     outreach to implement the policy set forth in subsection (b), 
     including special outreach efforts to emerging business 
     enterprises owned by minorities and women, consistent with 
     this subsection and subsection (d), in carrying out programs 
     under Federal surface transportation law.
       (2) Methods of emerging business enterprise development and 
     outreach.--The emerging business enterprise development and 
     outreach required to be engaged in by a State under paragraph 
     (1) shall include--
       (A) outreach to the emerging business enterprises in the 
     construction industry in the State, and the recruitment of 
     such enterprises, including--
       (i) not less often than annually, a survey and a 
     compilation of a list of such enterprises to determine the 
     interest of the enterprises in performing prime contracts or 
     subcontracts funded under Federal surface transportation law;
       (ii) not less often than annually, publication of a 
     directory of the emerging business enterprises interested in 
     performing prime contracts or subcontracts funded under 
     Federal surface transportation law;
       (iii) on a regular basis, publication of contract 
     opportunities through the Commerce Business Daily and through 
     systems such as the Pro-Net system of the Small Business 
     Administration;
       (iv) on a regular basis, offering of seminars and other 
     educational programs on the contracting requirements and 
     procedures of the State to emerging business enterprises 
     interested in performing prime contracts or subcontracts 
     funded under Federal surface transportation law;
       (v) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with other 
     construction companies and with equipment dealers and 
     material suppliers that support the construction industry in 
     the State; and
       (vi) each time that the State solicits bids or proposals 
     for construction of a project funded under Federal surface 
     transportation law--

       (I) distribution of information on the project to emerging 
     business enterprises interested in performing prime contracts 
     or subcontracts for such projects in the relevant 
     geographical area; and
       (II) express encouragement of such enterprises to compete 
     for the opportunity to construct all or part of the project;

       (B) professional and technical services and assistance with 
     any requirements for prequalification or bonding, including--
       (i) not less often than annually, publication of a 
     directory of the bonding companies that service the 
     construction industry in the State;
       (ii) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with the bonding 
     companies that service the construction industry in the 
     State;
       (iii) on a regular basis, offering of seminars and other 
     educational programs on--

       (I) the purposes and criteria for prequalification and 
     bonding; and
       (II) the steps necessary to qualify a firm for bonding or 
     to increase the firm's bonding limit;

       (iv) on a regular basis, provision of accounting and other 
     professional assistance to any emerging business enterprise 
     that may require such assistance to qualify for bonding or to 
     increase the firm's bonding limit; and
       (v) on a regular basis, provision of information to 
     emerging business enterprises regarding programs to guarantee 
     a surety against loss resulting from the breach of the terms 
     of a bond by an emerging business enterprise, including the 
     program carried out by the Small Business Administration 
     under part B of title IV of the Small Business Investment Act 
     of 1958 (15 U.S.C. 694a et seq.);
       (C) professional and technical services and assistance with 
     risk management and any insurance that the State may 
     encourage or require contractors or subcontractors to carry, 
     including--
       (i) not less often than annually, publication of a 
     directory of the insurance companies that service the 
     construction industry in the State;
       (ii) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with the insurance 
     companies that service the construction industry in the 
     State; and
       (iii) on a regular basis, offering of seminars and other 
     educational programs on--

       (I) risk management; and
       (II) the steps necessary to obtain appropriate insurance, 
     including any insurance that the State may require;

       (D) professional and technical services and assistance with 
     financial matters, including--
       (i) not less often than annually, publication of a 
     directory of the financial institutions that service the 
     construction industry in the State;
       (ii) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with the financial 
     institutions that service the construction industry in the 
     State;
       (iii) on a regular basis, offering of seminars and other 
     educational programs on construction financing and the steps 
     necessary to qualify a firm for a line of credit or increase 
     the firm's credit limit; and
       (iv) on a regular basis, provision of accounting and other 
     professional assistance to any emerging business enterprise 
     that may require such assistance to qualify for a line of 
     credit or to increase the firm's credit limit;
       (E) professional and technical services and assistance with 
     general business management, estimating, bidding, and 
     construction means and methods, including--
       (i) on a regular basis, offering of seminars and other 
     educational programs on general business management, 
     estimating, bidding, and construction means and methods; and
       (ii) on a regular basis, distribution, to all emerging 
     business enterprises interested in performing prime contracts 
     or subcontracts funded under Federal surface transportation 
     law, of information on seminars and other educational 
     programs offered by other entities on general business 
     management, estimating, bidding, and construction means and 
     methods;
       (F) periodic review of the State's construction plans and 
     specifications to the extent necessary to ensure that the 
     plans and specifications reflect the State's actual 
     requirements; and

[[Page S11072]]

       (G) periodic review by States of the implementation and 
     impact of emerging business enterprise development and 
     outreach efforts under this subsection, including an 
     assessment of the impact of the efforts on the overall 
     competitiveness of emerging business enterprises owned by 
     minorities and women through consideration of factors such 
     as--
       (i) working capital;
       (ii) net profit;
       (iii) bonding capacity; and
       (iv) graduation rates from the emerging business enterprise 
     program under this section.
       (3) Review by comptroller general.--The Comptroller General 
     of the United States shall conduct a biennial review and 
     publish findings and conclusions on the nationwide impact of 
     the emerging business enterprise development and outreach 
     efforts under this subsection, including an assessment of the 
     impact of the efforts on the overall competitiveness of 
     emerging business enterprises owned by minorities and women 
     through consideration of factors such as the factors 
     specified in paragraph (2)(G).
       (d) Prohibition on Discrimination or Preferential 
     Treatment.--No person in the United States shall, on the 
     basis of race, color, national origin, or sex, be subjected 
     to discrimination or provided preferential treatment under 
     any program or project (carried out directly or by grant or 
     contract) receiving Federal financial assistance under this 
     Act or any amendment made by this Act.
       (e) Statutory Construction.--Nothing in subsection (b), 
     (c), or (d) shall be construed--
       (1) in any way to limit or restrain the power of the 
     judicial branch to order remedial relief to victims of 
     discrimination under the Civil Rights Act of 1964 (42 U.S.C. 
     2000a et seq.) or any other Federal statute; or
       (2) to prohibit the Federal Government or any State or 
     local government, consistent with subsection (d), from--
       (A) encouraging enterprises owned by women and minorities 
     to bid for contracts or subcontracts;
       (B) requiring or encouraging any contractor or 
     subcontractor to encourage enterprises owned by women and 
     minorities to bid for contracts or subcontracts; or
       (C) establishing overall annual goals for the participation 
     of emerging business enterprises, including emerging business 
     enterprises owned by minorities and women, in the emerging 
     business enterprise development and outreach under subsection 
     (c).
                                                                    ____


                           Amendment No. 1438

       Strike section 1111 and insert the following:

     SEC. 1111. EMERGING BUSINESS ENTERPRISE PROGRAM.

       (a) Definitions.--In this section:
       (1) Emerging business enterprise.--The term ``emerging 
     business enterprise'' means a business that--
       (A) has gross receipts not greater than the numerical size 
     standard that the Administrator of the Small Business 
     Administration has made applicable to the standard industrial 
     classification in which the business performs the majority of 
     its work; and
       (B) has bid for Federal surface transportation contracts 
     and subcontracts for not more than 9 years.
       (2) Federal surface transportation law.--The term ``Federal 
     surface transportation law'' means the surface transportation 
     provisions of this Act and titles 23 and 49, United States 
     Code.
       (3) Preferential treatment.--The term ``preferential 
     treatment'' means the grant of an advantage to any person 
     based on--
       (A) any numerical goal, quota, timetable, benchmark, or 
     set-aside, or other numerical objective, for the award of a 
     contract or subcontract;
       (B) any bid preference, cost preference, or price 
     preference, including a bonus and an evaluation credit; or
       (C) any requirement imposed in conjunction with any 
     numerical objective for the award of a contract or 
     subcontract.
       (b) Policy.--It is the policy of the United States to 
     provide and encourage the maximum practicable opportunity for 
     emerging business enterprises, including emerging business 
     enterprises owned by members of a minority group based on 
     race, color, or national origin (referred to in this section 
     as ``minorities'') and women, to compete for prime contracts 
     and subcontracts funded under Federal surface transportation 
     law, consistent with the fifth and 14th amendments to the 
     Constitution.
       (c) Requirement for Emerging Business Enterprise 
     Development and Outreach.--
       (1) In general.--Each State that receives funds made 
     available under Federal surface transportation law shall 
     engage in emerging business enterprise development and 
     outreach to implement the policy set forth in subsection (b), 
     including special outreach efforts to emerging business 
     enterprises owned by minorities and women, consistent with 
     this subsection and subsection (d), in carrying out programs 
     under Federal surface transportation law.
       (2) Methods of emerging business enterprise development and 
     outreach.--The emerging business enterprise development and 
     outreach required to be engaged in by a State under paragraph 
     (1) shall include--
       (A) outreach to the emerging business enterprises in the 
     construction industry in the State, and the recruitment of 
     such enterprises, including--
       (i) not less often than annually, a survey and a 
     compilation of a list of such enterprises to determine the 
     interest of the enterprises in performing prime contracts or 
     subcontracts funded under Federal surface transportation law;
       (ii) not less often than annually, publication of a 
     directory of the emerging business enterprises interested in 
     performing prime contracts or subcontracts funded under 
     Federal surface transportation law;
       (iii) on a regular basis, publication of contract 
     opportunities through the Commerce Business Daily and through 
     systems such as the Pro-Net system of the Small Business 
     Administration;
       (iv) on a regular basis, offering of seminars and other 
     educational programs on the contracting requirements and 
     procedures of the State to emerging business enterprises 
     interested in performing prime contracts or subcontracts 
     funded under Federal surface transportation law;
       (v) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with other 
     construction companies and with equipment dealers and 
     material suppliers that support the construction industry in 
     the State; and
       (vi) each time that the State solicits bids or proposals 
     for construction of a project funded under Federal surface 
     transportation law--

       (I) distribution of information on the project to emerging 
     business enterprises interested in performing prime contracts 
     or subcontracts for such projects in the relevant 
     geographical area; and
       (II) express encouragement of such enterprises to compete 
     for the opportunity to construct all or part of the project;

       (B) professional and technical services and assistance with 
     any requirements for prequalification or bonding, including--
       (i) not less often than annually, publication of a 
     directory of the bonding companies that service the 
     construction industry in the State;
       (ii) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with the bonding 
     companies that service the construction industry in the 
     State;
       (iii) on a regular basis, offering of seminars and other 
     educational programs on--

       (I) the purposes and criteria for prequalification and 
     bonding; and
       (II) the steps necessary to qualify a firm for bonding or 
     to increase the firm's bonding limit;

       (iv) on a regular basis, provision of accounting and other 
     professional assistance to any emerging business enterprise 
     that may require such assistance to qualify for bonding or to 
     increase the firm's bonding limit; and
       (v) on a regular basis, provision of information to 
     emerging business enterprises regarding programs to guarantee 
     a surety against loss resulting from the breach of the terms 
     of a bond by an emerging business enterprise, including the 
     program carried out by the Small Business Administration 
     under part B of title IV of the Small Business Investment Act 
     of 1958 (15 U.S.C. 694a et seq.);
       (C) professional and technical services and assistance with 
     risk management and any insurance that the State may 
     encourage or require contractors or subcontractors to carry, 
     including--
       (i) not less often than annually, publication of a 
     directory of the insurance companies that service the 
     construction industry in the State;
       (ii) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with the insurance 
     companies that service the construction industry in the 
     State; and
       (iii) on a regular basis, offering of seminars and other 
     educational programs on--

       (I) risk management; and
       (II) the steps necessary to obtain appropriate insurance, 
     including any insurance that the State may require;

       (D) professional and technical services and assistance with 
     financial matters, including--
       (i) not less often than annually, publication of a 
     directory of the financial institutions that service the 
     construction industry in the State;
       (ii) on a regular basis, provision of opportunities for 
     emerging business enterprises interested in performing prime 
     contracts or subcontracts funded under Federal surface 
     transportation law to meet and interact with the financial 
     institutions that service the construction industry in the 
     State;
       (iii) on a regular basis, offering of seminars and other 
     educational programs on construction financing and the steps 
     necessary to qualify a firm for a line of credit or increase 
     the firm's credit limit; and
       (iv) on a regular basis, provision of accounting and other 
     professional assistance to any emerging business enterprise 
     that may require such assistance to qualify for a line of 
     credit or to increase the firm's credit limit;
       (E) professional and technical services and assistance with 
     general business management, estimating, bidding, and 
     construction means and methods, including--

[[Page S11073]]

       (i) on a regular basis, offering of seminars and other 
     educational programs on general business management, 
     estimating, bidding, and construction means and methods; and
       (ii) on a regular basis, distribution, to all emerging 
     business enterprises interested in performing prime contracts 
     or subcontracts funded under Federal surface transportation 
     law, of information on seminars and other educational 
     programs offered by other entities on general business 
     management, estimating, bidding, and construction means and 
     methods;
       (F) periodic review of the State's construction plans and 
     specifications to the extent necessary to ensure that the 
     plans and specifications reflect the State's actual 
     requirements; and
       (G) periodic review by States of the implementation and 
     impact of emerging business enterprise development and 
     outreach efforts under this subsection, including an 
     assessment of the impact of the efforts on the overall 
     competitiveness of emerging business enterprises owned by 
     minorities and women through consideration of factors such 
     as--
       (i) working capital;
       (ii) net profit;
       (iii) bonding capacity; and
       (iv) graduation rates from the emerging business enterprise 
     program under this section.
       (3) Review by comptroller general.--The Comptroller General 
     of the United States shall conduct a biennial review and 
     publish findings and conclusions on the nationwide impact of 
     the emerging business enterprise development and outreach 
     efforts under this subsection, including an assessment of the 
     impact of the efforts on the overall competitiveness of 
     emerging business enterprises owned by minorities and women 
     through consideration of factors such as the factors 
     specified in paragraph (2)(G).
       (d) Prohibition on Discrimination or Preferential 
     Treatment.--No person in the United States shall, on the 
     basis of race, color, national origin, or sex, be subjected 
     to discrimination or provided preferential treatment under 
     any program or project (carried out directly or by grant or 
     contract) receiving Federal financial assistance under this 
     Act or any amendment made by this Act.
       (e) Statutory Construction.--Nothing in subsection (b), 
     (c), or (d) shall be construed--
       (1) in any way to limit or restrain the power of the 
     judicial branch to order remedial relief to victims of 
     discrimination under the Civil Rights Act of 1964 (42 U.S.C. 
     2000a et seq.) or any other Federal statute; or
       (2) to prohibit the Federal Government or any State or 
     local government, consistent with subsection (d), from--
       (A) encouraging enterprises owned by women and minorities 
     to bid for contracts or subcontracts;
       (B) requiring or encouraging any contractor or 
     subcontractor to encourage enterprises owned by women and 
     minorities to bid for contracts or subcontracts; or
       (C) establishing overall annual goals for the participation 
     of emerging business enterprises, including emerging business 
     enterprises owned by minorities and women, in the emerging 
     business enterprise development and outreach under subsection 
     (c).
                                 ______
                                 

                       DORGAN AMENDMENT NO. 1439

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       Beginning on page 225, strike line 12 and all that follows 
     through page 226, line 7, and insert the following:
       ``(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) a second offense for driving while intoxicated or 
     driving under the influence within 10 years of a previous 
     conviction for that offense shall receive--
       ``(i) suspension of the individual's driver's license for 
     not less than 1 year;
       ``(ii) mandatory impoundment of a vehicle owned by the 
     individual for not less than 30 days;
       ``(iii) an assignment of not less than 180 days of 
     community service; and
       ``(iv) mandatory alcohol abuse treatment;
       ``(B) a third offense for driving while intoxicated or 
     driving under the influence within 10 years of a previous 
     conviction for that offense shall receive--
       ``(i) permanent revocation of the individual's driver's 
     license;
       ``(ii) mandatory forfeiture of a vehicle owned by the 
     individual;
       ``(iii) an assignment of not less than 1 year of community 
     service; and
       ``(iv) mandatory alcohol abuse treatment; and
       ``(C) a fourth or subsequent offense for driving while 
     intoxicated or driving under the influence within 10 years of 
     a previous conviction for that offense shall be imprisoned 
     not more than 5 years, fined not more than $500,000, or both.
                                 ______
                                 

                 DORGAN (AND OTHERS) AMENDMENT NO. 1440

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself, Mr. Lautenberg, Mr. Bumpers, and Mr. 
Wellstone) submitted an amendment intended to be proposed by them to 
the bill, S. 1173, supra; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 14   . OPEN CONTAINER LAWS.

       (a) Establishment.--Chapter 1 of title 23, United States 
     Code, is amended by inserting after section 153 the 
     following:

     Sec. 154. Open container requirements

       ``(a) Definitions.--In this section:
       ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
     has the meaning given the term in section 158(c).
       ``(2) Motor vehicle.--The term `motor vehicle' means a 
     vehicle driven or drawn by mechanical power and manufactured 
     primarily for use on public highways, but does not include a 
     vehicle operated exclusively on a rail or rails.
       ``(3) Open alcoholic beverage container.--The term `open 
     alcoholic beverage container' has the meaning given the term 
     in section 410(i).
       ``(4) Passenger area.--The term `passenger area' shall have 
     the meaning given the term by the Secretary by regulation.
       ``(b) Penalty.--
       ``(1) General rule.--
       ``(A) Fiscal year 2000.--If, at any time in fiscal year 
     2000, a State does not have in effect a law described in 
     subsection (c), the Secretary shall transfer 1.5 percent of 
     the funds apportioned to the State for fiscal year 2001 under 
     each of paragraphs (1)(A), (1)(C), and (3) of section 104(b) 
     to the apportionment of the State under section 402.
       ``(B) Fiscal years thereafter.--If, at any time in a fiscal 
     year beginning after September 30, 2000, a State does not 
     have in effect a law described in subsection (c), the 
     Secretary shall transfer 3 percent of the funds apportioned 
     to the State for the following fiscal year under each of 
     paragraphs (1)(A), (1)(C), and (3) of section 104(b) to the 
     apportionment of the State under section 402.
       ``(c) Open Container Laws.--
       ``(1) In general.--For the purposes of this section, each 
     State shall have in effect a law that prohibits the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle (including possession or consumption by 
     the driver of the vehicle) located on a public highway, or 
     the right-of-way of a public highway, in the State.
       ``(2) Motor vehicles designated to transport many 
     passengers.--For the purposes of this section, if a State has 
     in effect a law that makes unlawful the possession of any 
     open alcoholic beverage container in the passenger area by 
     the driver (but not by a passenger) of a motor vehicle 
     designed to transport more than 10 passengers (including the 
     driver) while being used to provide charter transportation of 
     passengers, the State shall be deemed to have in effect a law 
     described in this subsection with respect to such a motor 
     vehicle for each fiscal year during which the law is in 
     effect.
       ``(d) Federal Share--The Federal share of the cost of a 
     project carried out under section 402 with funds transferred 
     under subsection (b) to the apportionment of a State under 
     section 402 shall be 100 percent.
       ``(c) Transfer of Obligation Authority.--
       ``(1) In general.--If the Secretary transfers under 
     subsection (b) any funds to the apportionment of a State 
     under section 402 for a fiscal year, the Secretary shall 
     allocate to the State an amount, determined under paragraph 
     (2), of obligation authority distributed for the fiscal year 
     for Federal-aid highways and highway safety construction 
     programs for carrying out projects under section 402.
       ``(2) Amount.--The amount of obligation authority referred 
     to in paragraph (1) shall be determined by multiplying--
       ``(A) the amount of funds transferred under subsection (b) 
     to the apportionment of the State under section 402 for the 
     fiscal year; by
       ``(B) 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.
       ``(f) 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 subsection (b) to the apportionment of a State under 
     section 402.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 153 the following:

``154. Open container requirements.''
                                 ______
                                 


                    CHAFEE AMENDMENTS NOS. 1441-1458

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted 18 amendments intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1441

       On page 130, line 6, insert ``and classified pursuant to 
     sections 181(a) or 186(a) of the Clean Air Act (42 U.S.C. 
     7511(a) or 7512(a))'' before ``or classified as''.
                                                                    ____


                           Amendment No. 1442

       On page 86, after line 25, add the following:

[[Page S11074]]

       (c) Implementation of Provisions.--Nothing in any amendment 
     made by subsection (a) affects the implementation of any 
     provision of title 23, United States Code, or any regulation 
     issued under that provision.
                                                                    ____


                           Amendment No. 1443

       On page 43, between lines 12 and 13, insert the following:
       ``(xi) amounts set aside under section 104(d) for operation 
     lifesaver and railway-highway crossing hazard elimination in 
     high speed rail corridors; and''.
                                                                    ____


                           Amendment No. 1444

       Beginning on page 7, strike line 16 and all that follows 
     through line 20.
                                                                    ____


                           Amendment No. 1445

       On page 218, between lines 9 and 10, insert the following:
       (e) Availability Subject to Appropriations Acts.--Funds 
     made available under this chapter shall be available only to 
     the extent provided in appropriations acts.
                                                                    ____


                           Amendment No. 1446

       On page 5, strike lines 15 through 20 and insert the 
     following:
       title $11,977,000,000 for fiscal year 1998,
       title $11,949,000,000 for fiscal year 1999,
       title $11,922,000,000 for fiscal year 2000,
       title $11,950,000,000 for fiscal year 2001,
       title $12,242,000,000 for fiscal year 2002, and 
     $12,659,000,000 for fiscal year 2003, of which--
                                                                    ____


                           Amendment No. 1447

       On page 5, strike lines 15 through 20 and insert the 
     following:
       title $11,977,000,000 for fiscal year 1998,
       title $11,949,000,000 for fiscal year 1999,
       title $11,922,000,000 for fiscal year 2000,
       title $11,950,000,000 for fiscal year 2001,
       title $12,242,000,000 for fiscal year 2002, and 
     $12,659,000,000 for fiscal year 2003, of which--
       On page 10, line 9, insert ``and for the purposes specified 
     in subparagraph (A),'' before ``in the ratio''.
       On page 159, line 21, strike ``selection'' and insert 
     ``bidding''.
       On page 159, line 22, before the period, insert the 
     following: ``in accordance with subparagraph (C)''.
       On page 160, line 16, strike the quotation marks and the 
     following period.
       On page 160, between lines 16 and 17, insert the following:
       ``(C) Procedures that may be approved.--Under subparagraph 
     (A), the Secretary may approve, for use by a State, only 
     procedures that consist of--
       ``(i) formal design-build contracting procedures specified 
     in a State statute; or
       ``(ii) in the case of a State that does not have a statute 
     described in clause (i), the design-build selection 
     procedures authorized under section 303M of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     253m).''.
       On page 161, line 14, strike ``selection'' and insert 
     ``competitive bidding''.
       On page 206, strike lines 15 through 19 and insert the 
     following:
       (6) Nonsubordination.--The secured loan shall not be 
     subordinated to the claims of any holder of project 
     obligations in the event of liquidation of the assets of the 
     obligor.
       On page 206, between lines 23 and 24, insert the following:
       (8) Non-federal share.--The proceeds of a secured loan 
     under this chapter may be used for any non-Federal share of 
     project costs required under title 23 or chapter 53 of title 
     49, United States Code, if the loan is repayable from non-
     Federal funds.
       On page 212, strike lines 6 through 9 and insert the 
     following:
       (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 liquidation of the assets 
     of the obligor.
       On page 217, after line 20, strike ``$2,000,000,000'' each 
     place it appears and insert ``$2,300,000,000''.
       On page 219, line 13, strike ``authorized to be 
     appropriated'' and insert ``made available''.
       On page 227, strike lines 5 through 13 and insert the 
     following:
       ``(2) Fiscal year 2003 and fiscal years thereafter.--
       ``(A) In general.--On October 1, 2002, and each October 1 
     thereafter, if a State has not enacted or is not enforcing a 
     repeat intoxicated driver law, the Secretary shall transfer 
     an amount equal to 3 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).
       On page 294, lines 12 and 13, strike ``paragraphs (1) and 
     (3) of section 104(b)'' and insert ``section 104(b)(1)''.
       On page 340, line 8, strike ``subsection'' and insert 
     ``section''.
       On page 343, line 4, strike ``subsection'' and insert 
     ``section''.
       On page 403, strike lines 11 through 13 and insert the 
     following:
       ``(B) electronic processing of registration information, 
     driver licensing information, fuel tax information, 
     inspection and crash data, and other safety information; and
       On page 414, line 5, strike ``that'' and insert ``only if 
     the technologies''.
       On page 415, line 14, strike ``$110,000,000'' and insert 
     ``$109,000,000''.
                                                                    ____


                           Amendment No. 1448

       At the end of subtitle A of title I, add the following:

     SEC. 11  . ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Amounts.--For each of fiscal years 1999 through 2003, 
     of the amounts made available under subsection (c)--
       (2) the remainder of the amounts shall be apportioned among 
     the States so that each State's percentage of the remainder 
     for a fiscal year is equal to the State's percentage of the 
     sum of--
       (A) the total apportionments made under section 1102 and 
     the amendments made by section 1102; and
       (B) the total amounts made available for metropolitan 
     planning under section 104(f) of title 23, United States 
     Code;
     for the current fiscal year.
       (b) Obligation of Amounts.--Amounts apportioned under 
     subsection (a)(2)--
       (1) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--
       (A) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (B) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;
       (2) shall be available for any purpose eligible for funding 
     under section 133 of that title; and
       (3) 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 Appropriations.--There are authorized 
     to be appropriated from the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section--
       (2) $6,000,000,000 for fiscal year 1999;
       (3) $6,000,000,000 for fiscal year 2000;
       (4) $6,000,000,000 for fiscal year 2001;
       (5) $6,000,000,000 for fiscal year 2002; and
       (6) $6,000,000,000 for fiscal year 2003;
                                                                    ____


                           Amendment No. 1449

       On page 104, strike lines 4 through 19 and insert the 
     following:
       (b) Removal of Corridor.--Section 201(b) of the Appalachian 
     Regional Development Act of 1965 (40 U.S.C. App.) is 
     amended--
       (1) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively;
       (2) by striking ``(b) The Commission'' and inserting the 
     following:
       ``(b) Designations.--
       ``(1) In general.--The Commission''; and
       (3) by adding at the end the following:
       ``(2) Removal of corridor.--The Appalachian development 
     highway system shall not include Corridor H in Virginia.''.
                                                                    ____


                           Amendment No. 1450

       On page 7, strike lines 16 through 20.
       On page 43, line 12, strike ``and''.
       On page 43, line 13, strike ``(xi)'' and insert ``(xii)''.
       On page 85, line 10, strike ``sections 103 and'' and insert 
     ``section''.
       On page 92, line 5, strike ``(2)'' and insert ``(1)''.
       On page 92, line 11, strike ``(3)'' and insert ``(2)''.
       On page 92, line 17, strike ``(4)'' and insert ``(3)''.
       On page 93, line 3, strike ``(5)'' and insert ``(4)''.
       On page 93, line 6, strike ``(6)'' and insert ``(5)''.
       On page 290, line 24, strike ``agencies'' and insert 
     ``departments''.
       Beginning on page 91, strike line 24 and all that follows 
     through page 92, line 4.
                                                                    ____


                           Amendment No. 1451

       On page 105, strike lines 17 through 20 and insert the 
     following:
       ``(B) Obligation authority.--For each fiscal year, the 
     Secretary shall provide obligation authority for the amount 
     made available under subparagraph (A) in an amount equal to 
     the product obtained by multiplying--
       ``(i) the amount made available for the fiscal year under 
     subparagraph (A); by
       ``(ii) the ratio that--
       ``(I) the amount of obligation authority made available for 
     Federal-aid highways and highway safety construction programs 
     under appropriations Acts for the fiscal year; bears to
       ``(II) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs for the 
     fiscal year.''
                                                                    ____


                           Amendment No. 1452

       Beginning on page 225, strike line 12 and all that follows 
     through page 227, line 13 and insert the following:
       ``(5) Repeat intoxicated driver law.--The term `repeat 
     intoxicated driver law' means a State law that provides, as a 
     minimum penalty, that--
       ``(A) an individual convicted of a first offense for 
     driving while intoxicated or driving under the influence 
     shall receive a driver's license suspension for not less than 
     180 days;

[[Page S11075]]

       ``(B) an individual convicted of a second offense for 
     driving while intoxicated or driving under the influence 
     within 10 years after a previous conviction for that offense 
     whose alcohol concentration with respect to the second 
     offense was determined on the basis of a chemical test to be 
     prohibited under State law shall receive--
       ``(i) a driver's license suspension for not less than 1 
     year;
       ``(ii) an assessment of the individual's degree of abuse of 
     alcohol and treatment as appropriate; and
       ``(iii)(I) an assignment of not less than 30 days of 
     community service; or
       ``(II) not less than 5 days of imprisonment; and
       ``(C) an individual convicted of a third or subsequent 
     offense for driving while intoxicated or driving under the 
     influence within 10 years after the previous conviction for 
     that offense whose alcohol concentration with respect to the 
     previous offense was determined on the basis of a chemical 
     test to be prohibited under State law shall--
       ``(i) receive a permanent driver's license revocation; and
       ``(ii) be subject to--
       ``(I) vehicle forfeiture; or
       ``(II) installation of an ignition interlock system.
       ``(b) Transfer of Funds.--
       ``(1) Fiscal years 2001 and 2002.--
       ``(A) In general.--On October 1, 2000, and October 1, 2001, 
     if a State has not enacted or is not enforcing a repeat 
     intoxicated driver law, the Secretary shall transfer an 
     amount equal to 1\1/2\ percent of the funds apportioned to 
     the State on that date under paragraphs (1) and (3) of 
     section 104(b) to the apportionment of the State under 
     section 402--
       ``(i) to be used for alcohol-impaired driving 
     countermeasures; or
       ``(ii) to be directed to State and local law enforcement 
     agencies for enforcement of laws prohibiting driving while 
     intoxicated or driving under the influence and other related 
     laws (including regulations), including the purchase of 
     equipment, the training of officers, and the use of 
     additional personnel for specific alcohol-impaired driving 
     countermeasures, dedicated to enforcement of the laws 
     (including regulations).
       ``(B) Derivation of amount to be transferred.--An amount 
     transferred under subparagraph (A) may be derived--
       ``(i) from the apportionment of the State under section 
     104(b)(1);
       ``(ii) from the apportionment of the State under section 
     104(b)(3); or
       ``(iii) partially from the apportionment of the State under 
     section 104(b)(1) and partially from the apportionment of the 
     State under section 104(b)(3).
       ``(2) Fiscal year 2003 and fiscal years thereafter.--
       ``(A) In general.--On October 1, 2002 and each October 1 
     thereafter, if a State has not enacted or is not enforcing a 
     repeat intoxicated driver law, the Secretary shall transfer 3 
     percent of the funds apportioned to the State on that date 
     under each of paragraphs (1) and (3) of section 104(b) to the 
     apportionment of the State under section 402--
       ``(i) to be used for alcohol-impaired driving 
     countermeasures; or
       ``(ii) to be directed to State and local law enforcement 
     agencies for enforcement of laws prohibiting driving while 
     intoxicated or driving under the influence and other related 
     laws (including regulations), including the purchase of 
     equipment, the training of officers, and the use of 
     additional personnel for specific alcohol-impaired driving 
     countermeasures, dedicated to enforcement of the laws 
     (including regulations).
       ``(B) Derivation of amount to be transferred.--An amount 
     transferred under subparagraph (A) may be derived--
       ``(i) from the apportionment of the State under section 
     104(b)(1);
       ``(ii) from the apportionment of the State under section 
     104(b)(3); or
       ``(iii) partially from the apportionment of the State under 
     section 104(b)(1) and partially from the apportionment of the 
     State under section 104(b)(3).''
                                                                    ____


                           Amendment No. 1453

       Beginning on page 91, strike line 24 and all that follows 
     through page 92, line 4.
                                                                    ____


                           Amendment No. 1454

       On page 7, strike lines 16 through 20.
       On page 43, line 12, strike ``and''.
       Beginning on page 91, strike line 24 and all that follows 
     through page 92, line 4.
                                                                    ____


                           Amendment No. 1455

       On page 8, line 20, after ``139(a)'', insert the following: 
     ``(as in effect on the day before the date of enactment of 
     the Intermodal Surface Transportation Efficiency Act of 
     1997)''.
       On page 275, line 8, insert ``in the transportation 
     improvement program'' after ``individually''.
       On page 275, line 13, insert ``in the transportation 
     improvement program'' after ``individually''.
       On page 265, line 17, insert ``with respect to a 
     transportation management area'' after ``(A)''.
       On page 265, line 19, insert ``for the transportation 
     management area'' before ``complies''.
                                                                    ____


                           Amendment No. 1456

       On page 301, line 11, strike ``program''.
                                                                    ____


                           Amendment No. 1457

       On page 266, line 11, strike ``metropolitan'' and insert 
     ``transportation management''.
       On page 266, lines 12 and 13, strike ``metropolitan 
     planning organization'' and insert ``transportation 
     management area''.
       On page 8, lines 5 and 6, strike ``National Highway 
     System'' and insert ``Interstate and National Highway System 
     program''.
       On page 357, line 1, strike ``Set aside'' and insert ``Set-
     aside''.
       On page 266, lines 3 and 4, strike ``metropolitan planning 
     process is not certified,'' and insert ``transportation 
     management area is not certified under subparagraph (A),''.
                                                                    ____


                           Amendment No. 1458

       On page 43, line 12, strike ``and''.
       On page 43, between lines 15 and 16, insert the following:
       ``(xii) amounts set aside under section 104(d) for 
     operation lifesaver and railway-highway crossing hazard 
     elimination in high speed rail corridors; and''.
                                 ______
                                 

                   MOYNIHAN AMENDMENTS NOS. 1459-1492

  (Ordered to lie on the table.)
  Mr. MOYNIHAN submitted 34 amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1459

       Beginning on page 21, strike line 15 and all that follows 
     through page 23, line 8, and insert the following:
       ``(C) the total apportionments for fiscal year 1997 for all 
     Federal-aid highway programs (as defined in section 101 of 
     title 23, United States Code), excluding--
       ``(i) demonstration projects under the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240):
       ``(ii) apportionments for the Federal lands highways 
     program under section 204 of that title; and
       ``(iii) 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); and
       ``(ii) the applicable percentage determined under paragraph 
     (2); and
       ``(E) the product obtained by multiplying--
       ``(i) the total apportionments determined under 
     subparagraph (C); by
       ``(ii) the applicable percentage determined under paragraph 
     (2).
       ``(2) Applicable percentages.--
       ``(A) Fiscal year 1998.--For fiscal year 1998--
       ``(i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       ``(ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 103 percent.
       Beginning on page 26, strike line 14 and all that follows 
     through page 27, line 12, and insert the following:
       ``(ii) the product determined with respect to the State 
     under paragraph (1)(E).
       On page 30, strike lines 17 through 18 and insert the 
     following: table:

        ``State                                              Percentage
Alaska.............................................................1.24
Arkansas...........................................................1.33
Delaware...........................................................0.47
Hawaii.............................................................0.55
Idaho..............................................................0.82
Maine..............................................................0.57
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
West Virginia......................................................1.05
Wyoming............................................................0.76

       ``(b) Treatment of Allocations.--
                                                                    ____


                           Amendment No. 1460

       Beginning on page 21, strike line 15 and all that follows 
     through page 23, line 15, and insert the following:
       ``(C) 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
       ``(D) the product obtained by multiplying--
       ``(i) annual average of total apportionments determined 
     under subparagraph (B); by
       ``(ii) the applicable percentage determined under paragraph 
     (2).
       ``(2) Applicable percentages.--
       ``(A) Fiscal year 1998.--For fiscal year 1998--
       ``(i) the applicable percentage referred to in paragraph 
     (1)(C)(ii) shall be 145 percent; and
       ``(ii) the applicable percentage referred to in paragraph 
     (1)(D)(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)(C)(ii) of (1)(D)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       On page 24, line 10, strike ``(1)(D)'' and insert 
     ``(1)(C)''.
       On page 24, line 19, strike ``(1)(D)'' and insert 
     ``(1)(C)''.

[[Page S11076]]

       On page 26, line 17, strike ``(1)(E)'' and insert 
     ``(1)(D)''.
       On page 28, line 20, insert the following:
       ``(5 ) Notwithstanding any other provision of this 
     subsection, in each of the fiscal years 1998 through 2003, 
     funds apportioned under this subsection shall not increase 
     Massachusetts's share to more than 75 percent of its total 
     fiscal year 1997 Federal-aid highway apportionment.'' On page 
     30, line 11, strike ``1102(c)(1)(D)'' and insert 
     ``1102(c)(1)C)''.
                                                                    ____


                           Amendment No. 1461

       On page 21, strike line 8 and all that follows through page 
     23, line 14, and insert the following:
       ``(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--
       ``(i) apportionments authorized under section 104 of that 
     title for the 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); Interstate 
     substitute
       ``(C) 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).
       ``(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).
       ``(2) Applicable percentages.--
       ``(A) Fiscal year 1998.--For fiscal year--
       ``(i) the applicable percentage referred to in paragraph 
     (1)(C)(ii) shall be 145 percent; and
       ``(ii) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 107 percent.
       ``(B) Fiscal years thereafter.--For each of fiscal years 
     1999 to 2003, the applicable percentage referred to in 
     paragraph (1)(C)(ii) or (1)(D)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--''.
       On page 24, line 10, strike ``(1)(D)'' and insert 
     ``(1)(C)''.
       On page 24, line 19, strike ``(1)(D)'' and insert 
     ``(1)(C)''.
       On page 26, line 17, strike ``(1)(E)'' and insert 
     ``(1)(D)''.
       On page 30, line 11, strike ``1102(c)(1)(C)'' and insert 
     ``1102(c)(1)(C)''.
                                                                    ____


                           Amendment No. 1462

       On page 39, line 9, strike all that follows through line 16 
     and redesignate the following subparagraphs (B) through (H) 
     as (A) through (G).
       On page 43, line 3, strike all that follows through line 8 
     and redesignate the following clauses (x) and (xi) as (ix) 
     and (x).
                                                                    ____


                           Amendment No. 1463

       On page 5, line 12 through page 7, line 2, strike and 
     substitute the following in lieu thereof:
       ``(1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,788,000,000 for fiscal year 
     1998, $12,625,000,000 for fiscal year 1999, $12,644,000,000 
     for fiscal year 2000, $12,742,000,000 for fiscal year 2001, 
     $13,045,000,000 for fiscal year 2002, and $13,595,000,000 for 
     fiscal year 2003, of which--
       ``(A) $4,919,000,000 for fiscal year 1998, $4,934,000,000 
     for fiscal year 1999, $4,967,000,000 for fiscal year 2000, 
     $5,004,000,000 for fiscal year 2001, $5,092,000,000 for 
     fiscal year 2002, and $5,239,000,000 for fiscal year 2003 
     shall be used for Interstate maintenance component; and
       ``(B) $1,497,000,000 for fiscal year 1998, $1,502,000,000 
     for fiscal year 1999, $1,511,000,000 for fiscal year 2000, 
     $1,524,000,000 for fiscal year 2001, $1,550,000,000 for 
     fiscal year 2002, and $1,595,000,000 for fiscal year 2003 
     shall be used for Interstate bridge component.
       ``(2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,474,000,000 for fiscal year 1998, $7,500,000,000 for 
     fiscal year 1999, $7,549,000,000 for fiscal year 2000, 
     $7,606,000,000 for fiscal year 2001, $7,740,000,000 for 
     fiscal year 2002, and $7,974,000,000 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 
     $1,227,000,000 for fiscal year 1998, $1,231,000,000 for 
     fiscal year 1999, $1,240,000,000 for fiscal year 2000, 
     $1,250,000,000 for fiscal year 2001, $1,271,000,000 for 
     fiscal year 2002, and $1,309,000,000 for fiscal year 2003.''
       On page 29, strike lines 1 through page 30, line 17 and 
     substitute the following:
       ``(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 
     specified in paragraph (3) amounts sufficient to ensure that 
     the State's percentage of total apportionments for the fiscal 
     year is--
       ``(A) not less than the percentage specified for the State 
     in paragraph (3), but
       ``(B) 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) Total apportionments.--For the purposes of this 
     paragraph each State's total apportionments for the fiscal 
     year is defined as those made--
       ``(A) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and congestion mitigation and air 
     quality improvement program; and
       ``(B) under section 1102(c) of the Intermodal 
     Transportation Act of 1997 for ISTEA transition;
       ``(3) State percentages.--The percentage referred to in 
     paragraph (1)(A) for the specified State shall be determined 
     in accordance with the following table:

        ``State                                              Percentage
Alaska.............................................................1.25
Arkansas...........................................................1.34
Delaware...........................................................0.48
Hawaii.............................................................0.56
Idaho..............................................................0.83
Montana............................................................1.07
Nevada.............................................................0.74
New Hampshire......................................................0.53
New Jersey.........................................................2.42
New Mexico.........................................................1.06
North Dakota.......................................................0.74
Rhode Island.......................................................0.59
South Dakota.......................................................0.79
Vermont............................................................0.48
0.77g................................................................
                                                                    ____


                           Amendment No. 1464

       On page 5, line 12 through page 7, line 2, strike and 
     substitute the following in lieu thereof:
       ``(1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,496,000,000 for fiscal year 
     1998, $12,332,000,000 for fiscal year 1999, $12,351,000,000 
     for fiscal year 2000, $12,447,000,000 for fiscal year 2001, 
     $12,745,000,000 for fiscal year 2002, and $13,285,000,000 for 
     fiscal year 2003, of which--
       ``(A) $4,799,000,000 for fiscal year 1998, $4,814,000,000 
     for fiscal year 1999, $4,846,000,000 for fiscal year 2000, 
     $4,882,000,000 for fiscal year 2001, $4,969,000,000 for 
     fiscal year 2002, and $5,114,000,000 for fiscal year 2003, 
     shall be used for Interstate maintenance component; and
       ``(B) $1,460,000,000 for fiscal year 1998, $1,465,000,000 
     for fiscal year 1999, $1,474,000,000 for fiscal year 2000, 
     $1,486,000,000 for fiscal year 2001, $1,512,000,000 for 
     fiscal year 2002, and $1,557,000,000 for fiscal year 2003, 
     shall be used for Interstate bridge component.
       ``(2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,303,000,000 for fiscal year 1998, $7,325,000,000 for 
     fiscal year 1999, $7,373,000,000 for fiscal year 2000, 
     $7,430,000,000 for fiscal year 2001, $7,561,000,000 for 
     fiscal year 2002, and $7,782,000,000 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 
     $1,200,000,000 for fiscal year 1998, $1,203,000,000 for 
     fiscal year 1999, $1,211,000,000 for fiscal year 2000, 
     $1,221,000,000 for fiscal year 2001, $1,242,000,000 for 
     fiscal year 2002, and $1,279,000,000 for fiscal year 2003.''
       On page 30, line 1 strike ``0.90'' and substitute ``0.85.''
       On page 30, after line 17, replace the table with the 
     following:

        ``State                                              Percentage
Alaska.............................................................1.25
Arkansas...........................................................1.34
Delaware...........................................................0.48
Hawaii.............................................................0.56
Idaho..............................................................0.83
Montana............................................................1.07
Nevada.............................................................0.74
New Hampshire......................................................0.53
New Jersey.........................................................2.42
New Mexico.........................................................1.06
North Dakota.......................................................0.74
Rhode Island.......................................................0.59
South Dakota.......................................................0.79
Vermont............................................................0.48
0.77g................................................................
                                                                    ____


                           Amendment No. 1465

       On page 5, line 12 through page 7, line 2, strike and 
     substitute the following in lieu thereof:
       ``(1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,051,000,000 for fiscal year 
     1998, $11,878,000,000 for fiscal year 1999, $11,890,000,000 
     for fiscal year 2000, $11,987,000,000 for fiscal year 2001, 
     $12,316,000,000 for fiscal year 2002, and $12,857,000,000 for 
     fiscal year 2003, of which--
       ``(A) $4,628,000,000 for fiscal year 1998, $4,636,000,000 
     for fiscal year 1999, $4,665,000,000 for fiscal year 2000, 
     $4,702,000,000 for fiscal year 2001, $4,802,000,000 for 
     fiscal year 2002, and $4,948,000,000 for fiscal year 2003 
     shall be used for Interstate maintenance component; and
       ``(B) $1,408,000,000 for fiscal year 1998, $1,411,000,000 
     for fiscal year 1999, $1,419,000,000 for fiscal year 2000, 
     $1,432,000,000 for fiscal year 2001, $1,462,000,000 for 
     fiscal year 2002, and $1,506,000,000 for fiscal year 2003 
     shall be used for Interstate bridge component.
       ``(2) Surface transportation program.--For the surface 
     transportation program

[[Page S11077]]

     under section 133 of that title $7,042,000,000 for fiscal 
     year 1998, $7,056,000,000 for fiscal year 1999, 
     $7,098,000,000 for fiscal year 2000, $7,156,000,000 for 
     fiscal year 2001, $7,307,000,000 for fiscal year 2002, and 
     $7,529,000,000 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 
     $1,157,000,000 for fiscal year 1998, $1,159,000,000 for 
     fiscal year 1999, $1,166,000,000 for fiscal year 2000, 
     $1,176,000,000 for fiscal year 2001, $1,200,000,000 for 
     fiscal year 2002, and $1,237,000,000 for fiscal year 2003.''
       On page 29, strike lines 7 through page 29, line 19 and 
     substitute the following in lieu thereof:
       ``(i) each State's percentage of total apportionments for 
     the fiscal year 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 bears to
       On page 30, strike lines 2 through 6 and substitute the 
     following in lieu thereof:
       ``(B) in the case of a State specified in paragraph (2) the 
     State's percentage of total apportionments for the fiscal 
     year described in clause (i) of subparagraph (A) plus the 
     apportionments under section 1102(c) of the (Intermodal 
     Surface Transportation Effciency Act of 1991 for ISTEA 
     transition is--''.
                                                                    ____


                           Amendment No. 1466

       On page 150, strike line 5 and insert the following:
       (c) Minimum Per Capita Interstate Maintenance Discretionary 
     Program.--
       (1) In general.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 119 the following:

     ``Sec. 119A. Minimum per capita Interstate maintenance 
       discretionary program

       ``(a) In General.--
       ``(1) Establishment.--There is established a minimum per 
     capita Interstate maintenance discretionary program (referred 
     to in this section as the `program') to ensure that each 
     State that receives, for any fiscal year, less than 90 
     percent of the national average Federal-aid highway program 
     apportionments per capita has sufficient resources to 
     preserve and enhance the routes on the Interstate System in 
     the State.
       ``(2) Use of funds.--Funds available for the program--
       ``(A) shall be used to supplement apportionments for the 
     Interstate maintenance component of the Interstate and 
     National Highway System program; and
       ``(B) may be used for any project eligible for funding 
     under section 119.
       ``(3) Selection of projects.--Projects to be funded under 
     the program shall be proposed by a State and selected by the 
     Secretary.
       ``(b) Eligibility for Participation.--
       ``(1) In general.--Each State with respect to which the 
     total apportionments per capita (as determined under 
     paragraph (2)(A)) is less than 90 percent of the national 
     average of the total apportionments per capita (as determined 
     under paragraph (2)(B)) shall be eligible to receive an 
     allocation under the program.
       ``(2) Determinations.--For each fiscal year, with respect 
     to each State, the Secretary shall determine--
       ``(A) the quotient obtained by dividing--
       ``(i) the sum of--

       ``(I) the amounts apportioned to the State 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) the amounts apportioned to the State under section 
     1102(c) of the Intermodal Surface Transportation Efficiency 
     Act of 1997 for ISTEA transition; by

       ``(ii) the population of the State (as determined based on 
     the latest available annual estimates prepared by the 
     Secretary of Commerce);
       ``(B) the quotient obtained by dividing--
       ``(i) the sum of the apportionments described in 
     subparagraph (A)(i) to all States for the fiscal year; by
       ``(ii) the population of all of the States (as determined 
     based on the latest available annual estimates prepared by 
     the Secretary of Commerce); and
       ``(C) the difference between--
       ``(i) 90 percent of the amount determined under 
     subparagraph (B); and
       ``(ii) the amount determined under subparagraph (A) with 
     respect to the State.
       ``(c) Allocation of Funds for Projects.--
       ``(1) Determination.--
       ``(A) In general.--For each fiscal year, with respect to 
     each State eligible under subsection (b)(1), the Secretary 
     shall determine the percentage that--
       ``(i) the difference determined with respect to the 
     eligible State under subsection (b)(2)(C); bears to
       ``(ii) the sum of the differences determined with respect 
     to all eligible States.
       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A) that is greater than 12 percent to 12 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among other eligible States in 
     proportion to the percentages determined under subparagraph 
     (A) with respect to those States.
       ``(2) Availability to states.--Except as provided in 
     paragraph (3), for each fiscal year, the Secretary shall 
     allocate to each eligible State to carry out projects 
     described in subsection (a)(2) an amount equal to the amount 
     obtained by multiplying--
       ``(A) the percentage for the eligible State determined 
     under paragraph (1); by
       ``(B) the amount of funds made available to carry out the 
     program for the fiscal year.
       ``(3) Selection of projects.--
       ``(A) Deadlines for submission of proposed 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 shall not be 
     earlier than January 1, 1998.
       ``(B) Effect of failure to submit sufficient proposed 
     projects.--For each fiscal year, if a State does not have 
     pending, by the deadline established under subparagraph (A), 
     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).
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this section $100,000,000 for 
     each of fiscal years 1998 through 2003.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 119 the following:

``119A. Minimum per capita Interstate maintenance discretionary 
              program.''.

       (d) Conforming Amendments.--
                                                                    ____


                           Amendment No. 1467

       Beginning on page 7, strike line 4 and all that follows 
     through page 91, line 21 and insert the following:
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $191,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $84,000,000 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.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than

[[Page S11078]]

     bridges on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (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

[[Page S11079]]

     the Intermodal Surface Transportation Efficiency Act of 1991 
     (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.24 ....

    Arkansas..................................................1.33 ....

    Delaware..................................................0.47 ....

    Hawaii....................................................0.55 ....

    Idaho.....................................................0.82 ....

    Montana...................................................1.06 ....

    Nevada....................................................0.73 ....

    New Hampshire.............................................0.52 ....

    New Jersey................................................2.41 ....

    New Mexico................................................1.05 ....

    North Dakota..............................................0.73 ....

    Rhode Island..............................................0.58 ....

    South Dakota..............................................0.78 ....

    Vermont...................................................0.47 ....

    Wyoming...................................................0.76.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.

       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--

[[Page S11080]]

       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(2)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(2)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)(A)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.

     SEC. 1103. OBLIGATION CEILING.

       (a) General Limitations.--Subject to the other provisions 
     of this section and notwithstanding any other provision of 
     law, the total amount of all obligations for Federal-aid 
     highways and highway safety construction programs shall not 
     exceed--
       (1) $21,800,000,000 for fiscal year 1998;
       (2) $22,802,000,000 for fiscal year 1999;
       (3) $22,939,000,000 for fiscal year 2000;
       (4) $23,183,000,000 for fiscal year 2001;
       (5) $23,699,000,000 for fiscal year 2002; and
       (6) $24,548,000,000 for fiscal year 2003.
       (b) Exceptions.--
       (1) In general.--The limitations under subsection (a) shall 
     not apply to obligations of funds under--
       (A) section 105(a) of title 23, United States Code (but, 
     for each of fiscal years 1998 through 2003, only in an amount 
     equal to the amount included for section 157 of title 23, 
     United States Code, in the baseline determined by the 
     Congressional Budget Office for the fiscal year 1998 budget), 
     excluding amounts allocated under section 105(a)(1)(B) of 
     that title;
       (B) section 125 of that title;
       (C) section 157 of that title (as in effect on the day 
     before the date of enactment of this Act);
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (F) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (G) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198); and
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).
       (2) Effect of other law.--A provision of law establishing a 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs may not amend or limit 
     the applicability of this subsection, unless the provision 
     specifically amends or limits that applicability.
       (c) Applicability to Transportation Research Programs.--
     Obligation limitations for Federal-aid highways and highway 
     safety construction programs established by subsection (a) 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code.
       (d) Obligation Authority.--Section 118 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Obligation Authority.--
       ``(1) Distribution.--For each fiscal year, the Secretary 
     shall--
       ``(A) distribute the total amount of obligation authority 
     for Federal-aid highways and highway safety construction 
     programs made available for the fiscal year by allocation in 
     the ratio that--
       ``(i) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to each State for the fiscal year; 
     bears to
       ``(ii) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums authorized to be appropriated for 
     Federal-aid highways that have been apportioned to a State; 
     and
       ``(C) notwithstanding subparagraphs (A) and (B), not 
     distribute--
       ``(i) amounts deducted under section 104(a) for 
     administrative expenses;
       ``(ii) amounts set aside under section 104(k) for 
     Interstate 4R and bridge projects;
       ``(iii) amounts made available under sections 143, 164, 
     165, 204, 206, 207, and 322;
       ``(iv) amounts made available under section 111 of title 
     49;
       ``(v) amounts made available under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.);
       ``(vi) amounts made available under section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938);
       ``(vii) amounts made available under sections 1503, 1603, 
     and 1604 of the Intermodal Surface Transportation Efficiency 
     Act of 1997;
       ``(viii) amounts made available under section 149(d) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 201);
       ``(ix) amounts made available under section 105(a)(1)(A) to 
     the extent that the amounts are subject to any obligation 
     limitation under section 1103(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997;
       ``(x) amounts made available for implementation of programs 
     under chapter 5 of this title and sections 5222, 5232, and 
     5241 of title 49; and
       ``(xi) amounts made available under section 412 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995.
       ``(2) Redistribution.--Notwithstanding paragraph (1), the 
     Secretary shall, after August 1 of each of fiscal years 1998 
     through 2003--

[[Page S11081]]

       ``(A) revise a distribution of the funds made available 
     under paragraph (1) for the fiscal year if a State will not 
     obligate the amount distributed during the fiscal year; and
       ``(B) redistribute sufficient amounts to those States able 
     to obligate amounts in addition to the amounts previously 
     distributed during the fiscal year, giving priority to those 
     States that have large unobligated balances of funds 
     apportioned under section 104 and under section 144 (as in 
     effect on the day before the date of enactment of this 
     subparagraph).''.
       (e) Applicability of Obligation Limitations.--An obligation 
     limitation established by a provision of any other Act shall 
     not apply to obligations under a program funded under this 
     Act or title 23, United States Code, unless--
       (1) the provision specifically amends or limits the 
     applicability of this subsection; or
       (2) an obligation limitation is specified in this Act with 
     respect to the program.

     SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION 
                   PROGRAM.

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

     SEC. 1105. EMERGENCY RELIEF.

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

     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.

     SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

       (a) Federal Share Payable.--Section 120 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(j) Use of Federal Land Management Agency Funds.--
     Notwithstanding any other provision of law, the funds 
     appropriated to any Federal land management agency may be 
     used to pay the non-Federal share of the cost of any Federal-
     aid highway project the Federal share of which is funded 
     under section 104.
       ``(k) Use of Federal Lands Highways Program Funds.--
     Notwithstanding any other provision of law, the funds made 
     available to carry out the Federal lands highways program 
     under section 204 may be used to pay the non-Federal share of 
     the cost of any project that is funded under section 104 and 
     that provides access to or within Federal or Indian lands.''.
       (b) Availability of Funds.--Section 203 of title 23, United 
     States Code, is amended by adding at the end the following: 
     ``Notwithstanding any other provision of law, the 
     authorization by the Secretary of engineering and related 
     work for a Federal lands highways program project, or the 
     approval by the Secretary of plans, specifications, and 
     estimates for construction of a Federal lands highways 
     program project, shall be deemed to constitute a contractual 
     obligation of the Federal Government to the pay the Federal 
     share of the cost of the project.''.
       (c) Planning and Agency Coordination.--Section 204 of title 
     23, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Establishment.--
       ``(1) In general.--Recognizing the need for all Federal 
     roads that are public roads to be treated under uniform 
     policies similar to the policies that apply to Federal-aid 
     highways, there is established a coordinated Federal lands 
     highways program that shall apply to public lands highways, 
     park roads and parkways, and Indian reservation roads and 
     bridges.
       ``(2) Transportation planning procedures.--In consultation 
     with the Secretary of each appropriate Federal land 
     management agency, the Secretary shall develop, by rule, 
     transportation planning procedures that are consistent with 
     the metropolitan and statewide planning processes required 
     under sections 134 and 135.
       ``(3) Approval of transportation improvement program.--The 
     transportation improvement program developed as a part of the 
     transportation planning process under this section shall be 
     approved by the Secretary.
       ``(4) Inclusion in other plans.--All regionally significant 
     Federal lands highways program projects--
       ``(A) shall be developed in cooperation with States and 
     metropolitan planning organizations; and
       ``(B) shall be included in appropriate Federal lands 
     highways program, State, and metropolitan plans and 
     transportation improvement programs.
       ``(5) Inclusion in state programs.--The approved Federal 
     lands highways program transportation improvement program 
     shall be included in appropriate State and metropolitan 
     planning organization plans and programs without further 
     action on the transportation improvement program.
       ``(6) Development of systems.--The Secretary and the 
     Secretary of each appropriate Federal land management agency 
     shall, to the extent appropriate, develop safety, bridge, 
     pavement, and congestion management systems for roads funded 
     under the Federal lands highways program.'';
       (2) in subsection (b), by striking the first 3 sentences 
     and inserting the following: ``Funds available for public 
     lands highways, park roads and parkways, and Indian 
     reservation roads shall be used by the Secretary and the 
     Secretary of the appropriate Federal land management agency 
     to pay for the cost of transportation planning, research, 
     engineering, and construction of the highways, roads, and 
     parkways, or of transit facilities within public lands, 
     national parks, and Indian reservations. In connection with 
     activities under the preceding sentence, the Secretary and 
     the Secretary of the appropriate Federal land management 
     agency may enter into construction contracts and other 
     appropriate contracts with a State or civil subdivision of a 
     State or Indian tribe.'';
       (3) in the first sentence of subsection (e), by striking 
     ``Secretary of the Interior'' and inserting ``Secretary of 
     the appropriate Federal land management agency'';
       (4) in subsection (h), by adding at the end the following:
       ``(8) A project to build a replacement of the federally 
     owned bridge over the Hoover Dam

[[Page S11082]]

     in the Lake Mead National Recreation Area between Nevada and 
     Arizona.'';
       (5) by striking subsection (i) and inserting the following:
       ``(i) Transfers of Costs to Secretaries of Federal Land 
     Management Agencies.--
       ``(1) Administrative costs.--The Secretary shall transfer 
     to the appropriate Federal land management agency from 
     amounts made available for public lands highways such amounts 
     as are necessary to pay necessary administrative costs of the 
     agency in connection with public lands highways.
       ``(2) Transportation planning costs.--The Secretary shall 
     transfer to the appropriate Federal land management agency 
     from amounts made available for public lands highways such 
     amounts as are necessary to pay the cost to the agency to 
     conduct necessary transportation planning for Federal lands, 
     if funding for the planning is not otherwise provided under 
     this section.''; and
       (6) in subsection (j), by striking the second sentence and 
     inserting the following: ``The Indian tribal government, in 
     cooperation with the Secretary of the Interior, and as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall carry out a transportation 
     planning process in accordance with subsection (a).''.

     SEC. 1107. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 205 the following:

     ``Sec. 206. Recreational trails program

       ``(a) Definitions.--
       ``(1) Motorized recreation.--The term `motorized 
     recreation' means off-road recreation using any motor-powered 
     vehicle, except for a motorized wheelchair.
       ``(2) Recreational trail; trail.--The term `recreational 
     trail' or `trail' means a thoroughfare or track across land 
     or snow, used for recreational purposes such as--
       ``(A) pedestrian activities, including wheelchair use;
       ``(B) skating or skateboarding;
       ``(C) equestrian activities, including carriage driving;
       ``(D) nonmotorized snow trail activities, including skiing;
       ``(E) bicycling or use of other human-powered vehicles;
       ``(F) aquatic or water activities; and
       ``(G) motorized vehicular activities, including all-terrain 
     vehicle riding, motorcycling, snowmobiling, use of off-road 
     light trucks, or use of other off-road motorized vehicles.
       ``(b) Program.--In accordance with this section, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the Secretary of Agriculture, shall carry out a program 
     to provide and maintain recreational trails (referred to in 
     this section as the `program').
       ``(c) State Responsibilities.--To be eligible for 
     apportionments under this section--
       ``(1) a State may use apportionments received under this 
     section for construction of new trails crossing Federal lands 
     only if the construction is--
       ``(A) permissible under other law;
       ``(B) necessary and required by a statewide comprehensive 
     outdoor recreation plan required by the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.);
       ``(C) approved by the administering agency of the State 
     designated under paragraph (2); and
       ``(D) approved by each Federal agency charged with 
     management of the affected lands, which approval shall be 
     contingent on compliance by the Federal agency with all 
     applicable laws, including the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1600 et seq.), and the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.);
       ``(2) the Governor of a State shall designate the State 
     agency or agencies that will be responsible for administering 
     apportionments received under this section; and
       ``(3) the State shall establish within the State a State 
     trail advisory committee that represents both motorized and 
     nonmotorized trail users.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--Funds made available under this section 
     shall be obligated for trails and trail-related projects 
     that--
       ``(A) have been planned and developed under the laws, 
     policies, and administrative procedures of each State; and
       ``(B) are identified in, or further a specific goal of, a 
     trail plan or trail plan element included or referenced in a 
     metropolitan transportation plan required under section 134 
     or a statewide transportation plan required under section 
     135, consistent with the statewide comprehensive outdoor 
     recreation plan required by the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
       ``(2) Permissible uses.--Permissible uses of funds made 
     available under this section include--
       ``(A) maintenance and restoration of existing trails;
       ``(B) development and rehabilitation of trailside and 
     trailhead facilities and trail linkages;
       ``(C) purchase and lease of trail construction and 
     maintenance equipment;
       ``(D) construction of new trails;
       ``(E) acquisition of easements and fee simple title to 
     property for trails or trail corridors;
       ``(F) payment of costs to the State incurred in 
     administering the program, but in an amount not to exceed 7 
     percent of the apportionment received by the State for a 
     fiscal year; and
       ``(G) operation of educational programs to promote safety 
     and environmental protection as these objectives relate to 
     the use of trails.
       ``(3) Use of apportionments.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), of the apportionments received for a fiscal 
     year by a State under this section--
       ``(i) 40 percent shall be used for trail or trail-related 
     projects that facilitate diverse recreational trail use 
     within a trail corridor, trailside, or trailhead, regardless 
     of whether the project is for diverse motorized use, for 
     diverse nonmotorized use, or to accommodate both motorized 
     and nonmotorized recreational trail use;
       ``(ii) 30 percent shall be used for uses relating to 
     motorized recreation; and
       ``(iii) 30 percent shall be used for uses relating to 
     nonmotorized recreation.
       ``(B) Small state exclusion.--Any State with a total land 
     area of less than 3,500,000 acres, and in which nonhighway 
     recreational fuel use accounts for less than 1 percent of all 
     such fuel use in the United States, shall be exempted from 
     the requirements of subparagraph (A) upon application to the 
     Secretary by the State demonstrating that the State meets the 
     conditions of this subparagraph.
       ``(C) Waiver authority.--Upon the request of a State trail 
     advisory committee established under subsection (c)(3), the 
     Secretary may waive, in whole or in part, the requirements of 
     subparagraph (A) with respect to the State if the State 
     certifies to the Secretary that the State does not have 
     sufficient projects to meet the requirements of subparagraph 
     (A).
       ``(D) State administrative costs.--State administrative 
     costs eligible for funding under paragraph (2)(F) shall be 
     exempt from the requirements of subparagraph (A).
       ``(e) Environmental Benefit or Mitigation.--To the extent 
     practicable and consistent with the other requirements of 
     this section, a State should give consideration to project 
     proposals that provide for the redesign, reconstruction, 
     nonroutine maintenance, or relocation of trails to benefit 
     the natural environment or to mitigate and minimize the 
     impact to the natural environment.
       ``(f) Federal Share.--
       ``(1) In general.--Subject to the other provisions of this 
     subsection, the Federal share of the cost of a project under 
     this section shall not exceed 80 percent.
       ``(2) Federal agency project sponsor.--Notwithstanding any 
     other provision of law, a Federal agency that sponsors a 
     project under this section may contribute additional Federal 
     funds toward the cost of a project, except that--
       ``(A) the share attributable to the Secretary of 
     Transportation may not exceed 80 percent; and
       ``(B) the share attributable to the Secretary and the 
     Federal agency jointly may not exceed 95 percent.
       ``(3) Use of funds from federal programs to provide non-
     federal share.--Notwithstanding any other provision of law, 
     amounts made available by the Federal Government under any 
     Federal program that are--
       ``(A) expended in accordance with the requirements of the 
     Federal program relating to activities funded and populations 
     served; and
       ``(B) expended on a project that is eligible for assistance 
     under this section;

     may be credited toward the non-Federal share of the cost of 
     the project.
       ``(4) Programmatic non-federal share.--A State may allow 
     adjustments to the non-Federal share of an individual project 
     under this section if the Federal share of the cost of all 
     projects carried out by the State under the program 
     (excluding projects funded under paragraph (2) or (3)) using 
     funds apportioned to the State for a fiscal year does not 
     exceed 80 percent.
       ``(5) State administrative costs.--The Federal share of the 
     administrative costs of a State under this subsection shall 
     be determined in accordance with section 120(b).
       ``(g) Uses Not Permitted.--A State may not obligate funds 
     apportioned under this section for--
       ``(1) condemnation of any kind of interest in property;
       ``(2) construction of any recreational trail on National 
     Forest System land for any motorized use unless--
       ``(A) the land has been apportioned for uses other than 
     wilderness by an approved forest land and resource management 
     plan or has been released to uses other than wilderness by an 
     Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved forest land and resource 
     management plan;
       ``(3) construction of any recreational trail on Bureau of 
     Land Management land for any motorized use unless the land--
       ``(A) has been apportioned for uses other than wilderness 
     by an approved Bureau of Land Management resource management 
     plan or has been released to uses other than wilderness by an 
     Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved management plan; or
       ``(4) upgrading, expanding, or otherwise facilitating 
     motorized use or access to trails

[[Page S11083]]

     predominantly used by nonmotorized trail users and on which, 
     as of May 1, 1991, motorized use is prohibited or has not 
     occurred.
       ``(h) Project Administration.--
       ``(1) Credit for donations of funds, materials, services, 
     or new right-of-way.--
       ``(A) In general.--Nothing in this title or other law shall 
     prevent a project sponsor from offering to donate funds, 
     materials, services, or a new right-of-way for the purposes 
     of a project eligible for assistance under this section. Any 
     funds, or the fair market value of any materials, services, 
     or new right-of-way, may be donated by any project sponsor 
     and shall be credited to the non-Federal share in accordance 
     with subsection (f).
       ``(B) Federal project sponsors.--Any funds or the fair 
     market value of any materials or services may be provided by 
     a Federal project sponsor and shall be credited to the 
     Federal agency's share in accordance with subsection (f).
       ``(2) Recreational purpose.--A project funded under this 
     section is intended to enhance recreational opportunity and 
     is not subject to section 138 of this title or section 303 of 
     title 49.
       ``(3) Continuing recreational use.--At the option of each 
     State, funds made available under this section may be treated 
     as Land and Water Conservation Fund apportionments for the 
     purposes of section 6(f)(3) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
       ``(4) Cooperation by private persons.--
       ``(A) Written assurances.--As a condition of making 
     available apportionments for work on recreational trails that 
     would affect privately owned land, a State shall obtain 
     written assurances that the owner of the land will cooperate 
     with the State and participate as necessary in the activities 
     to be conducted.
       ``(B) Public access.--Any use of the apportionments to a 
     State under this section on privately owned land must be 
     accompanied by an easement or other legally binding agreement 
     that ensures public access to the recreational trail 
     improvements funded by the apportionments.
       ``(i) Apportionment.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State that meets the 
     requirements of subsection (c).
       ``(2) Apportionment.--Subject to subsection (j), for each 
     fiscal year, the Secretary shall apportion--
       ``(A) 50 percent of the amounts made available to carry out 
     this section equally among eligible States; and
       ``(B) 50 percent of the amounts made available to carry out 
     this section among eligible States in proportion to the 
     quantity of nonhighway recreational fuel used in each 
     eligible State during the preceding year.
       ``(j) Administrative Costs.--
       ``(1) In general.--Whenever an apportionment is made under 
     subsection (i) of the amounts made available to carry out 
     this section, the Secretary shall first deduct an amount, not 
     to exceed 1 percent of the authorized amounts, to pay the 
     costs to the Secretary for administration of, and research 
     authorized under, the program.
       ``(2) Use of contracts.--To carry out research funded under 
     paragraph (1), the Secretary may--
       ``(A) enter into contracts with for-profit organizations; 
     and
       ``(B) enter into contracts, partnerships, or cooperative 
     agreements with other government agencies, institutions of 
     higher learning, or nonprofit organizations.
       ``(k) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $17,000,000 for fiscal year 1998, 
     $20,000,000 for fiscal year 1999, $22,000,000 for fiscal year 
     2000, $23,000,000 for fiscal year 2001, $24,000,000 for 
     fiscal year 2002, and $25,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that the Federal share of the cost of a project under 
     this section shall be determined in accordance with this 
     section.''.
       (b) Conforming Amendments.--
       (1) The Intermodal Surface Transportation Efficiency Act of 
     1991 is amended by striking part B of title I (16 U.S.C. 1261 
     et seq.).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 206 
     and inserting the following:

``206. Recreational trails program.''.

     SEC. 1108. VALUE PRICING PILOT PROGRAM.

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

       ``(I) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       ``(II) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       ``(III) shall be available for any purpose eligible for 
     funding under section 133 of that title.

       ``(C) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of any project under this subsection and the 
     availability of funds authorized by this paragraph shall be 
     determined in accordance with this subsection.''.
       (g) Conforming Amendments.--Section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended--
       (1) in paragraph (1), by striking ``projects'' each place 
     it appears and inserting ``programs''; and
       (2) in paragraph (5)--
       (A) by striking ``projects'' and inserting ``programs''; 
     and
       (B) by striking ``traffic, volume'' and inserting ``traffic 
     volume''.

     SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

       (a) In General.--Section 143 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 143. Highway use tax evasion projects

       ``(a) Definition of State.--In this section, the term 
     `State' means the 50 States and the District of Columbia.
       ``(b) Projects.--
       ``(1) In general.--The Secretary shall use funds made 
     available under paragraph (7) to carry out highway use tax 
     evasion projects in accordance with this subsection.
       ``(2) Allocation of funds.--The funds may be allocated to 
     the Internal Revenue Service and the States at the discretion 
     of the Secretary.
       ``(3) Conditions on funds allocated to internal revenue 
     service.--The Secretary shall not impose any condition on the 
     use of funds allocated to the Internal Revenue Service under 
     this subsection.
       ``(4) Limitation on use of funds.--Funds made available 
     under paragraph (7) shall be used only--
       ``(A) to expand efforts to enhance motor fuel tax 
     enforcement;
       ``(B) to fund additional Internal Revenue Service staff, 
     but only to carry out functions described in this paragraph;
       ``(C) to supplement motor fuel tax examinations and 
     criminal investigations;
       ``(D) to develop automated data processing tools to monitor 
     motor fuel production and sales;
       ``(E) to evaluate and implement registration and reporting 
     requirements for motor fuel taxpayers;
       ``(F) to reimburse State expenses that supplement existing 
     fuel tax compliance efforts; and
       ``(G) to analyze and implement programs to reduce tax 
     evasion associated with other highway use taxes.

[[Page S11084]]

       ``(5) Maintenance of effort.--The Secretary may not make an 
     allocation to a State under this subsection for a fiscal year 
     unless the State certifies that the aggregate expenditure of 
     funds of the State, exclusive of Federal funds, for motor 
     fuel tax enforcement activities will be maintained at a level 
     that does not fall below the average level of such 
     expenditure for the preceding 2 fiscal years of the State.
       ``(6) Federal share.--The Federal share of the cost of a 
     project carried out under this subsection shall be 100 
     percent.
       ``(7) Authorization of contract authority.--
       ``(A) In general.--There shall be available to the 
     Secretary from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this subsection $5,000,000 for 
     each of fiscal years 1998 through 2003.
       ``(B) Availability of funds.--Funds authorized under this 
     paragraph shall remain available for obligation for a period 
     of 1 year after the last day of the fiscal year for which the 
     funds are authorized.
       ``(c) Excise Fuel Reporting System.--
       ``(1) In general.--Not later than April 1, 1998, the 
     Secretary shall enter into a memorandum of understanding with 
     the Commissioner of the Internal Revenue Service for the 
     purposes of the development and maintenance by the Internal 
     Revenue Service of an excise fuel reporting system (referred 
     to in this subsection as the `system').
       ``(2) Elements of memorandum of understanding.--The 
     memorandum of understanding shall provide that--
       ``(A) the Internal Revenue Service shall develop and 
     maintain the system through contracts;
       ``(B) the system shall be under the control of the Internal 
     Revenue Service; and
       ``(C) the system shall be made available for use by 
     appropriate State and Federal revenue, tax, or law 
     enforcement authorities, subject to section 6103 of the 
     Internal Revenue Code of 1986.
       ``(3) Authorization of appropriations from highway trust 
     fund.--There are authorized to be appropriated to the 
     Secretary from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this subsection--
       ``(A) $8,000,000 for development of the system; and
       ``(B) $2,000,000 for each of fiscal years 1998 through 2003 
     for operation and maintenance of the system.''.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 143 
     and inserting the following:

``143. Highway use tax evasion projects.''.

       (2) Section 1040 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) 
     is repealed.
       (3) Section 8002 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) 
     is amended--
       (A) in the first sentence of subsection (g), by striking 
     ``section 1040 of this Act'' and inserting ``section 143 of 
     title 23, United States Code,''; and
       (B) by striking subsection (h).

     SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

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

     SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

       (a) General Rule.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     made available for any program under titles I 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 subsection (a) and the 
     location of such concerns in the State and notify the 
     Secretary, in writing, of the percentage of such concerns 
     which are controlled by women, by socially and economically 
     disadvantaged individuals (other than women), and by 
     individuals who are women and are otherwise socially and 
     economically disadvantaged individuals.
       (d) Uniform Certification.--The Secretary shall establish 
     minimum uniform criteria for State governments to use in 
     certifying whether a concern qualifies for purposes of this 
     section. Such minimum uniform criteria shall include but not 
     be limited to on-site visits, personal interviews, licenses, 
     analysis of stock ownership, listing of equipment, analysis 
     of bonding capacity, listing of work completed, resume of 
     principal owners, financial capacity, and type of work 
     preferred.

     SEC. 1112. FEDERAL SHARE PAYABLE.

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

     SEC. 1113. STUDIES AND REPORTS.

       (a) Highway Economic Requirement System.--
       (1) Methodology.--

[[Page S11085]]

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

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 119 the following:

     ``Sec. 119A. Minimum per capita Interstate maintenance 
       discretionary program

       ``(a) In General.--
       ``(1) Establishment.--There is established a minimum per 
     capita Interstate maintenance discretionary program (referred 
     to in this section as the `program') to ensure that each 
     State that receives, for any fiscal year, less than 90 
     percent of the national average Federal-aid highway program 
     apportionments per capita has sufficient resources to 
     preserve and enhance the routes on the Interstate System in 
     the State.
       ``(2) Use of funds.--Funds available for the program--
       ``(A) shall be used to supplement apportionments for the 
     Interstate maintenance component of the Interstate and 
     National Highway System program; and
       ``(B) may be used for any project eligible for funding 
     under section 119.
       ``(3) Selection of projects.--Projects to be funded under 
     the program shall be proposed by a State and selected by the 
     Secretary.
       ``(b) Eligibility for Participation.--
       ``(1) In general.--Each State with respect to which the 
     total apportionments per capita (as determined under 
     paragraph (2)(A)) is less than 90 percent of the national 
     average of the total apportionments per capita (as determined 
     under paragraph (2)(B)) shall be eligible to receive an 
     allocation under the program.
       ``(2) Determinations.--For each fiscal year, with respect 
     to each State, the Secretary shall determine--
       ``(A) the quotient obtained by dividing--
       ``(i) the sum of--

       ``(I) the amounts apportioned to the State 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) the amounts apportioned to the State under section 
     1102(c) of the Intermodal Surface Transportation Efficiency 
     Act of 1997 for ISTEA transition; by

       ``(ii) the population of the State (as determined based on 
     the latest available annual estimates prepared by the 
     Secretary of Commerce);
       ``(B) the quotient obtained by dividing--
       ``(i) the sum of the apportionments described in 
     subparagraph (A)(i) to all States for the fiscal year; by
       ``(ii) the population of all of the States (as determined 
     based on the latest available annual estimates prepared by 
     the Secretary of Commerce); and
       ``(C) the difference between--
       ``(i) 90 percent of the amount determined under 
     subparagraph (B); and
       ``(ii) the amount determined under subparagraph (A) with 
     respect to the State.
       ``(c) Allocation of Funds for Projects.--
       ``(1) Determination.--
       ``(A) In general.--For each fiscal year, with respect to 
     each State eligible under subsection (b)(1), the Secretary 
     shall determine the percentage that--
       ``(i) the difference determined with respect to the 
     eligible State under subsection (b)(2)(C); bears to
       ``(ii) the sum of the differences determined with respect 
     to all eligible States.
       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A) that is greater than 12 percent to 12 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among the other eligible States in 
     proportion to the percentages determined under subparagraph 
     (A) with respect to those States.
       ``(2) Availability to states.--Except as provided in 
     paragraph (3), for each fiscal year, the Secretary shall 
     allocate to each eligible State to carry out projects 
     described in subsection (a)(2) an amount equal to the amount 
     obtained by multiplying--
       ``(A) the percentage for the eligible State determined 
     under paragraph (1); by
       ``(B) the amount of funds made available to carry out the 
     program for the fiscal year.
       ``(3) Selection of projects.--
       ``(A) Deadlines for submission of proposed 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 shall not be 
     earlier than January 1, 1998.
       ``(B) Effect of failure to submit sufficient proposed 
     projects.--For each fiscal year, if a State does not have 
     pending, by the deadline established under subparagraph (A), 
     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).
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this section $89,000,000 for 
     each of fiscal years 1998 through 2003.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 119 the following:

``119A. Minimum per capita Interstate maintenance discretionary 
              program.''.

     SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING
                                                                    ____


                           Amendment No. 1468

       Beginning on page 118, strike line 3 and all that follows 
     through page 122, line 4, and insert the following:

[[Page S11086]]

     SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE; MINIMUM PER CAPITA 
                   INTERSTATE MAINTENANCE DISCRETIONARY PROGRAM.

       (a) Woodrow Wilson Memorial Bridge.--
       (1) In general.--Section 407(a) of the Woodrow Wilson 
     Memorial Bridge Authority Act of 1995 (109 Stat. 630) is 
     amended--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by striking ``(a)'' and all that follows through the 
     period at the end of paragraph (1) and inserting the 
     following:
       ``(a) Conveyances.--
       ``(1) Conveyance to states and district of columbia.--
       ``(A) General authority.--Not later than 60 days after the 
     date of enactment of this subparagraph, the Secretary shall 
     convey to the State of Virginia, the State of Maryland, and 
     the District of Columbia all right, title, and interest of 
     the United States in and to the Bridge, including such 
     related riparian rights and interests in land underneath the 
     Potomac River as are necessary to carry out the Project.
       ``(B) Acceptance of title.--Except as provided in paragraph 
     (3), on conveyance by the Secretary, the State of Virginia, 
     the State of Maryland, and the District of Columbia shall 
     accept the right, title, and interest in and to the Bridge.
       ``(C) Consolidation of jurisdiction.--For the purpose of 
     making the conveyance under this paragraph, the Secretary of 
     the Interior and the head of any other Federal department or 
     agency that has jurisdiction over the land adjacent to the 
     Bridge shall transfer the jurisdiction to the Secretary.
       ``(D) Funds allocated.--No amounts set aside for Interstate 
     4R and bridge projects under section 104(k) of title 23, 
     United States Code, may be allocated for the Bridge before 
     the State of Virginia, the State of Maryland, and the 
     District of Columbia accept right, title, and interest in and 
     to the Bridge in accordance with this subsection.
       ``(2) Conveyance to authority.--
       ``(A) In general.--After execution of the agreement under 
     subsection (c), the State of Virginia, the State of Maryland, 
     and the District of Columbia shall convey to the Authority 
     their respective rights, titles, and interests in and to the 
     Bridge, including such related riparian rights and interests 
     in land underneath the Potomac River as are necessary to 
     carry out the Project.
       ``(B) Acceptance of title.--Except as provided in paragraph 
     (3), on conveyance by the State of Virginia, the State of 
     Maryland, and the District of Columbia, the Authority shall 
     accept the right, title, and interest in and to the Bridge 
     and all duties and responsibilities associated with the 
     Bridge.''; and
       (C) in paragraph (3) (as redesignated by subparagraph (A)), 
     by striking ``conveyance under paragraph (1)'' and inserting 
     ``conveyances under this subsection''.
       (2) Conforming amendment.--Section 409(3) of the Woodrow 
     Wilson Memorial Bridge Authority Act of 1995 (109 Stat. 632) 
     is amended by striking ``section 407(a)(2)'' and inserting 
     ``section 407(a)(3)''.
       (b) Minimum Per Capita Interstate Maintenance Discretionary 
     Program.--
       (1) In general.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 119 the following:

     ``Sec. 119A. Minimum per capita Interstate maintenance 
       discretionary program

       ``(a) In General.--
       ``(1) Establishment.--There is established a minimum per 
     capita Interstate maintenance discretionary program (referred 
     to in this section as the `program') to ensure that each 
     State that receives, for any fiscal year, less than 90 
     percent of the national average Federal-aid highway program 
     apportionments per capita has sufficient resources to 
     preserve and enhance the routes on the Interstate System in 
     the State.
       ``(2) Use of funds.--Funds available for the program--
       ``(A) shall be used to supplement apportionments for the 
     Interstate maintenance component of the Interstate and 
     National Highway System program; and
       ``(B) may be used for any project eligible for funding 
     under section 119.
       ``(3) Selection of projects.--Projects to be funded under 
     the program shall be proposed by a State and selected by the 
     Secretary.
       ``(b) Eligibility for Participation.--
       ``(1) In general.--Each State with respect to which the 
     total apportionments per capita (as determined under 
     paragraph (2)(A)) is less than 90 percent of the national 
     average of the total apportionments per capita (as determined 
     under paragraph (2)(B)) shall be eligible to receive an 
     allocation under the program.
       ``(2) Determinations.--For each fiscal year, with respect 
     to each State, the Secretary shall determine--
       ``(A) the quotient obtained by dividing--
       ``(i) the sum of--

       ``(I) the amounts apportioned to the State 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) the amounts apportioned to the State under section 
     1102(c) of the Intermodal Surface Transportation Efficiency 
     Act of 1997 for ISTEA transition; by

       ``(ii) the population of the State (as determined based on 
     the latest available annual estimates prepared by the 
     Secretary of Commerce);
       ``(B) the quotient obtained by dividing--
       ``(i) the sum of the apportionments described in 
     subparagraph (A)(i) to all States for the fiscal year; by
       ``(ii) the population of all of the States (as determined 
     based on the latest available annual estimates prepared by 
     the Secretary of Commerce); and
       ``(C) the difference between--
       ``(i) 90 percent of the amount determined under 
     subparagraph (B); and
       ``(ii) the amount determined under subparagraph (A) with 
     respect to the State.
       ``(c) Allocation of Funds for Projects.--
       ``(1) Determination.--
       ``(A) In general.--For each fiscal year, with respect to 
     each State eligible under subsection (b)(1), the Secretary 
     shall determine the percentage that--
       ``(i) the difference determined with respect to the 
     eligible State under subsection (b)(2)(C); bears to
       ``(ii) the sum of the differences determined with respect 
     to all eligible States.
       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A) that is greater than 12 percent to 12 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among the other eligible States in 
     proportion to the percentages determined under subparagraph 
     (A) with respect to those States.
       ``(2) Availability to states.--Except as provided in 
     paragraph (3), for each fiscal year, the Secretary shall 
     allocate to each eligible State to carry out projects 
     described in subsection (a)(2) an amount equal to the amount 
     obtained by multiplying--
       ``(A) the percentage for the eligible State determined 
     under paragraph (1); by
       ``(B) the amount of funds made available to carry out the 
     program for the fiscal year.
       ``(3) Selection of projects.--
       ``(A) Deadlines for submission of proposed 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 shall not be 
     earlier than January 1, 1998.
       ``(B) Effect of failure to submit sufficient proposed 
     projects.--For each fiscal year, if a State does not have 
     pending, by the deadline established under subparagraph (A), 
     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).
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this section $89,000,000 for 
     each of fiscal years 1998 through 2003.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 119 the following:

       ``119A. Minimum per capita Interstate maintenance 
           discretionary program.''.
                                                                    ____


                           Amendment No. 1469

       On page 88, lines 12 and 13, strike and substitute the 
     following in lieu thereof:
       ``for all States; and
       On page 88, line 25, strike the word ``and'' after the 
     semi-colon and insert the following new clause:
       ``(ii) increase any percentage determined under 
     subparagraph (A)(iii) that is less than 0.5 percent to 0.5 
     percent; and
       On page 89, line 12, after the word ``reduction'' insert:
       ``or increase''
       On page 89, line 3, after ``(i)'' insert ``and (ii)''
                                                                    ____


                           Amendment No. 1470

       At the end of chapter 1 of subtitle C of title I, add the 
     following:

     SEC. 1302. TAX CREDIT FOR USER FEE HIGHWAYS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by inserting after section 129 the following:

     ``Sec. 129A. Payments for toll facilities

       ``(a) Definition of Controlling Toll Authority.--In this 
     section, the term `controlling toll authority' means a public 
     or private organization that operates and maintains highway, 
     bridge, or tunnel facilities for the use of which a toll is 
     collected.
       ``(b) Payments for Toll Facilities.--
       ``(1) Establishment of program.--The Secretary shall 
     establish a program (referred to in this subsection as the 
     `program') to provide direct payments to a controlling toll 
     authority in the amount of Federal motor fuel tax collections 
     attributable to use of facilities--
       ``(A) that are operated and maintained by the authority; 
     and
       ``(B) with respect to which the eligibility criteria 
     specified in subsection (c) are met.
       ``(2) Procedures.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall determine appropriate disbursement rules and 
     procedures for the program.
       ``(B) Timing of payments.--The Secretary shall make 
     payments under the program to the controlling toll authority 
     not less often than quarterly.
       ``(3) Amount of payments.--The amount of the payments to 
     each controlling toll authority for a fiscal year shall be 
     equal to the

[[Page S11087]]

     estimated amount of the Federal motor fuel tax collections 
     that--
       ``(A) are deposited in the Highway Trust Fund (other than 
     the Mass Transit Account); and
       ``(B) are attributable to travel on the facilities operated 
     and maintained by the controlling toll authority in that 
     fiscal year;

     as determined by the Secretary using the latest data 
     available.
       ``(4) Source of funds.--For each fiscal year, the Secretary 
     shall make payments under the program using funds made 
     available to carry out the following programs, in the 
     following allocation:
       ``(A) \1/3\ from the other National Highway System 
     component of the Interstate and National Highway System 
     program carried out under section 103(b).
       ``(B) \1/3\ from the Interstate maintenance component of 
     the Interstate and National Highway System program carried 
     out under section 119.
       ``(C) \1/3\ from the surface transportation program 
     established under section 133.
       ``(c) Eligibility Criteria.--To be eligible under the 
     program established under subsection (b), a controlling toll 
     authority must be certified by the Secretary as meeting each 
     of the following eligibility criteria:
       ``(1) Collection of tolls.--With respect to not less than 
     75 percent of the mileage of the highway, bridge, or tunnel 
     facilities that the controlling toll authority operates and 
     maintains, the authority collects tolls for the operation and 
     maintenance of the facilities.
       ``(2) Other funds.--While participating in the program, the 
     controlling toll authority does not use funds from the 
     Highway Trust Fund for the construction or maintenance of 
     facilities operated and maintained by the controlling toll 
     authority.
       ``(3) Automated toll collection technology.--The 
     controlling toll authority uses automated toll collection 
     technology, at 1 or more locations where tolls are collected, 
     that allows a user to pass through the toll collection system 
     without stopping the user's vehicle.
       ``(4) Value pricing.--The controlling toll authority has 
     implemented differential-time-sensitive pricing strategies to 
     mitigate congestion at 1 or more locations where tolls are 
     collected.
       ``(5) No diversion.--The toll revenue collected by the 
     controlling toll authority is used solely to pay for--
       ``(A) the operation and maintenance of, and debt service 
     for, facilities operated and maintained by the controlling 
     toll authority;
       ``(B) safety and law enforcement costs associated with the 
     facilities;
       ``(C) the costs of transit or other measures that help 
     alleviate congestion on the facilities; and
       ``(D) the costs of congestion pricing, electronic toll 
     collection equipment, and environmental mitigation or 
     enhancement projects directly related to the facilities.
       ``(d) Effect on Other Programs.--Notwithstanding any other 
     provision of law, the length of, number of vehicle miles 
     traveled on, quantity of fuel used in travel on, or any other 
     characteristic of a highway, bridge, or tunnel with respect 
     to which payments are made under the program established 
     under subsection (b) may not be taken into account in any 
     apportionment calculation under section 104(b) or in any 
     other apportionment calculation under this title, regardless 
     of whether there is in effect any toll agreement with the 
     State under section 105 of the Surface Transportation 
     Assistance Act of 1978 (92 Stat. 2692) or under section 
     129(c).''.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by inserting after the item relating to 
     section 129 the following:

``129A. Payments for toll facilities.''.

       (2) Section 104(b) of title 23, United States Code (as 
     amended by section 1102(a)), is amended--
       (A) in subparagraphs (A) and (C) of paragraph (1), by 
     striking ``For'' each place it appears and inserting ``After 
     using funds under section 129A, for''; and
       (B) in paragraph (3)(A), by striking ``For the'' and 
     inserting ``After using funds under section 129A, for the''.
                                                                    ____


                           Amendment No. 1471

       On page 10, line 16, after the word ``State'' insert the 
     following:
       ``multiplied by the average unit price of replacement and 
     rehabilitation of such bridges on a State-by-State basis, as 
     determined by the Secretary''.
       On page 10, line 23, before the phrase ``in all States'' 
     insert the following:
       ``multiplied by the average unit price of replacement and 
     rehabilitation of such bridges''.
       On page 12, line 17, after the word ``State'' insert the 
     following:
       ``multiplied by the average unit price of replacement and 
     rehabilitation of such bridges on a State-by State basis, as 
     determined by the Secretary''.
       On page 13, line 2, before the phrase ``in all States'' 
     insert the following:
       ``multiplied by the average unit price of replacement and 
     rehabilitation of such bridges''.
       On page 19, line 8, after the word ``State'' insert the 
     following:
       ``multiplied by the average unit price of replacement and 
     rehabilitation of such bridges on a State-by State basis, as 
     determined by the Secretary''.
       On page 19, line 14, before the phrase ``in all States'', 
     insert the following:
       ``multiplied by the average unit price of replacement and 
     rehabilitation of such bridges''.
       On page 123, line 15, strike the word ``and''.
       On page 123, line 18, strike the period and insert ``; 
     and'' at the end of the line and insert the following on the 
     following line:
       ``(D) determine the cost of replacing each such bridge with 
     a comparable facility or of rehabilitating such bridge.''
                                                                    ____


                           Amendment No. 1472

       On page 11, line 9, strike ``20'' and substitute ``25''.
       On page 11, line 19, strike ``29'' and substitute ``35''.
       On page 12, line 5, strike ``18'' and substitute ``25''.
       On page 13, line 4, through 15, strike all language.
       On page 13, line 11, strike ``(V)9'' and substitute 
     ``(IV)15''.
                                                                    ____


                           Amendment No. 1473

       On page 11, line 9, strike ``20'' and substitute ``22''.
       On page 11, line 19, strike ``29'' and substitute ``32''.
       On page 12, line 5, strike ``18'' and substitute ``20''.
       On page 13, line 4, strike ``24'' and substitute ``26''.
       On page 13, line 11, through page 14, line 2, strike all 
     language.
                                                                    ____


                           Amendment No. 1474

       On page 18, line 10, strike ``20'' and substitute ``30''.
       On page 19, line 17, strike ``30'' and substitute ``40''.
       On page 19, line 1, strike ``25'' and substitute ``30''.
       On page 20, line 15 through 14, strike all language.
                                                                    ____


                           Amendment No. 1475

       On page 5, line 12 through page 7, line 2, strike and 
     substitute the following in lieu thereof:
       ``(1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,417,000,000 for fiscal year 
     1998, $12,338,000,000 for fiscal year 1999, $12,381,000,000 
     for fiscal year 2000, $12,475,000,000 for fiscal year 2001, 
     $12,733,000,000 for fiscal year 2002, and, $13,192,000,000 
     for fiscal year 2003, of which--
       ``(A) $4,769,000,000 for fiscal year 1998, $4,738,000,000 
     for fiscal year 1999, $4,755,000,000 for fiscal year 2000, 
     $4,791,000,000 for fiscal year 2001, $4,890,000,000 for 
     fiscal year 2002, and $5,066,000,000 for fiscal year 2003 
     shall be used for Interstate maintenance component; and
       ``(B) $1,451,000,000 for fiscal year 1998, $1,442,000,000 
     for fiscal year 1999, $1,447,000,000 for fiscal year 2000, 
     $1,458,000,000 for fiscal year 2001, $1,488,000,000 for 
     fiscal year 2002, and $1,542,000,000 for fiscal year 2003 
     shall be used for Interstate bridge component.
       ``(2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,257,000,000 for fiscal year 1998, $7,211,000,000 for 
     fiscal year 1999, $7,236,000,000 for fiscal year 2000, 
     $7,291,000,000 for fiscal year 2001, $7,442,000,000 for 
     fiscal year 2002, and , $7,710,000,000 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 
     $1,192,000,000 for fiscal year 1998, $1,184,000,000 for 
     fiscal year 1999, $1,189,000,000 for fiscal year 2000, 
     $1,198,000,000 for fiscal year 2001, $1,223,000,000 for 
     fiscal year 2002, and$1,267,000,000 for fiscal year 2003.''
       On page 30, line 2 through page 30, line 17, strike all 
     language.
                                                                    ____


                           Amendment No. 1476

       At the end of the bill, add the following:
TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF RECLAMATION 
                                PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF 
                   RECLAMATION PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a share of revenues received from Federal land 
     management activity;
       (B) a grant or other form of financial assistance;
       (C) a payment under a contract; compensation of an employee 
     or consultant; or
       (D) any other form.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from,

[[Page S11088]]

     and the amount of user fees paid or any other payments made 
     to the Federal Government by, all public and private persons 
     or entities in the State during the fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount of revenues under the Internal Revenue 
     Code of 1986 collected in each State during the fiscal year;
       (2) the Secretary shall determine with respect to the 
     Department of the Interior, and the head of each other 
     Federal agency shall report to the Secretary with respect to 
     the agency, the amount of user fees paid or any other 
     payments made to the agency by persons (including all private 
     and public entities) in each State during the fiscal year; 
     and
       (3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the Secretary, 
     acting through the Commissioner of Reclamation, in an amount 
     that is not less than the product obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under other programs 
     administered by the Secretary of the Interior.
       (2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1477

       At the end of the bill, add the following:
    TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF LAND 
                          MANAGEMENT PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER BUREAU OF 
                   LAND MANAGEMENT PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a share of revenues received from Federal land 
     management activity;
       (B) a grant or other form of financial assistance;
       (C) a payment under a contract; compensation of an employee 
     or consultant; or
       (D) any other form.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount of revenues under the Internal Revenue 
     Code of 1986 collected in each State during the fiscal year;
       (2) the Secretary shall determine with respect to the 
     Department of the Interior, and the head of each other 
     Federal agency shall report to the Secretary with respect to 
     the agency, the amount of user fees paid or any other 
     payments made to the agency by persons (including all private 
     and public entities) in each State during the fiscal year; 
     and
       (3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the Secretary, 
     acting through the Director of the Bureau of Land Management, 
     in an amount that is not less than the product obtained by 
     multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under other programs 
     administered by the Secretary of the Interior.
       (2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1478

       On page 49, line 16, strike ``section 104'' and insert 
     ``this title or title 49''.
       On page 54, between lines 2 and 3, insert the following:
       (d) Equitable Allocation of Funding Under Federal Lands 
     Highways Program and Cooperative Federal Lands Transportation 
     Program.--Section 202 of title 23, United States Code, is 
     amended to read as follows:

     ``Sec. 202. Allocations

       ``(a) Definitions.--In this section--
       ``(1) Agency expenditure.--The term `agency expenditure' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       ``(A) a grant or other form of financial assistance;
       ``(B) a payment under a contract;
       ``(C) compensation of an employee or consultant; or
       ``(D) any other form.
       ``(2) Equitable state allocation.--The term `equitable 
     State allocation', with respect to a State and fiscal year, 
     means the amount determined under subsection (c)(1) for the 
     State and fiscal year.
       ``(3) State.--The term `State' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(4) State dollar contribution to the federal 
     government.--The term `State dollar contribution to the 
     Federal Government', with respect to a State and fiscal year, 
     means the amount of revenues under the Internal Revenue Code 
     of 1986 collected from, and the amount of user fees paid or 
     any other payments made to the Federal Government by, all 
     public and private persons or entities in the State during 
     the fiscal year.
       ``(5) State percentage contribution to the federal 
     government.--The term `State percentage contribution to the 
     Federal Government', with respect to a State and fiscal year, 
     means the proportion, expressed as a percentage, that--
       ``(A) the State dollar contribution to the Federal 
     Government by the State; bears to
       ``(B) the aggregate of the State dollar contributions to 
     the Federal Government by all of the States for the fiscal 
     year.
       ``(b) Determinations.--Not later than 30 days after the 
     close of each fiscal year--
       ``(1) the Secretary of the Treasury shall report to the 
     Secretary the estimated amount of revenues under the Internal 
     Revenue Code of 1986 collected in each State during the 
     fiscal year;
       ``(2) the Secretary shall determine with respect to the 
     Department of Transportation, and the head of each other 
     Federal agency shall report to the Secretary with respect to 
     the agency, the amount of user fees paid or any other 
     payments made to the agency by persons (including all private 
     and public entities) in each State during the fiscal year; 
     and
       ``(3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       ``(c) Equitable State Allocation.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       ``(A) shall make agency expenditures in each State in each 
     fiscal year under the Federal lands highways program under 
     section

[[Page S11089]]

     204 and the Cooperative Federal Lands Transportation Program 
     under section 207 in an amount that is not less than the 
     product obtained by multiplying--
       ``(i) 95 percent of the amount that is equal to the 
     aggregate amount of agency expenditures to be made under 
     those programs in all of the States for the fiscal year; by
       ``(ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       ``(B) if making agency expenditures in a State in the 
     amount determined under subparagraph (A) under any program is 
     not appropriate (as determined by the State transportation 
     department), shall make the requisite amount of funding 
     available for use in the State under any provision of this 
     title or title 49.
       ``(2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State 
     allocation.''.
       Beginning on page 87, strike line 24 and all that follows 
     through page 91, line 3.
       On page 91, line 4, strike ``(d)'' and insert ``(b)''.
       On page 91, line 7, strike ``(e)'' and insert ``(c)''.
                                                                    ____


                           Amendment No. 1479

       At the end of the bill, add the following:
    TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER FOREST SERVICE 
                                PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER FOREST 
                   SERVICE PROGRAMS.

       (a) Definitions.--In this section:
       (1) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Secretary to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a share of revenues received from Federal land 
     management activity;
       (B) a grant or other form of financial assistance;
       (C) a payment under a contract; compensation of an employee 
     or consultant; or
       (D) any other form.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount of revenues under the Internal Revenue 
     Code of 1986 collected in each State during the fiscal year;
       (2) the Secretary shall determine with respect to the 
     Department of Agriculture, and the head of each other Federal 
     agency shall report to the Secretary with respect to the 
     agency, the amount of user fees paid or any other payments 
     made to the agency by persons (including all private and 
     public entities) in each State during the fiscal year; and
       (3) the Secretary shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the Secretary, 
     acting through the Chief of the Forest Service, in an amount 
     that is not less than the product obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under other programs 
     administered by the Secretary of Agriculture.
       (2) Implementation.--If, but for this section, the 
     Secretary would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Secretary shall reduce the amounts of agency 
     expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Secretary to make agency expenditures in the 
     State in the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1480

       At the end of the bill, add the following:
 TITLE____--EQUITABLE ALLOCATION OF FUNDING UNDER NATIONAL AERONAUTICS 
                   AND SPACE ADMINISTRATION PROGRAMS

     SEC. ____01. EQUITABLE ALLOCATION OF FUNDING UNDER NATIONAL 
                   AERONAUTICS AND SPACE ADMINISTRATION PROGRAMS.

       (a) Definitions.--In this section--
       (1) Administrator--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (2) Agency expenditure.--The term ``agency expenditure'' 
     means any payment made by the Administrator to a State, a 
     political subdivision of a State, or any other public or 
     private person or entity in a State in the form of--
       (A) a grant or other form of financial assistance;
       (B) a payment under a contract; compensation of an employee 
     or consultant; or
       (C) any other form.
       (3) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the federal government.--
     The term ``State dollar contribution to the Federal 
     Government'', with respect to a State and fiscal year, means 
     the amount of revenues under the Internal Revenue Code of 
     1986 collected from, and the amount of user fees paid or any 
     other payments made to the Federal Government by, all public 
     and private persons or entities in the State during the 
     fiscal year.
       (6) State percentage contribution to the federal 
     government.--The term ``State percentage contribution to the 
     Federal Government'', with respect to a State and fiscal 
     year, means the proportion, expressed as a percentage, that--
       (A) the State dollar contribution to the Federal Government 
     by the State; bears to
       (B) the aggregate of the State dollar contributions to the 
     Federal Government by all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Administrator the amount of revenues under the Internal 
     Revenue Code of 1986 collected in each State during the 
     fiscal year; and
       (2) the Administrator shall determine the State dollar 
     contribution to the Federal Government and the State 
     percentage contribution to the Federal Government by each 
     State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administrator--
       (A) shall make agency expenditures in each State in each 
     fiscal year under each program administered by the 
     Administrator, in an amount that is not less than the product 
     obtained by multiplying--
       (i) 90 percent of the amount that is equal to the aggregate 
     amount of agency expenditures to be made under that program 
     in all of the States for the fiscal year; by
       (ii) the State percentage contribution to the Federal 
     Government by the State for the fiscal year; or
       (B) if making agency expenditures in a State in the amount 
     determined under subparagraph (A) under any program is not 
     practicable, shall make the requisite amount of funding 
     available for use in the State under--
       (i) other programs administered by the Administrator; or
       (ii) transfer funds to the Secretary of Transportation to 
     fund programs that apportion funds to States that are 
     administered by the Secretary under title 23 or 49 of the 
     United States Code.
       (2) Implementation.--If, but for this section, the 
     Administrator would make agency expenditures in a State in an 
     amount that is less than the amount of the equitable State 
     allocation, the Administrator shall reduce the amounts of 
     agency expenditures to be made in States in which agency 
     expenditures in more than the amounts of the equitable State 
     allocations would be made, pro rata, by the amount necessary 
     to enable the Administrator to make agency expenditures in 
     the State in the full amount of its equitable State 
     allocation.
                                                                    ____


                           Amendment No. 1481

       At the end of the bill add the following:

[[Page S11090]]

    TITLE ____--EQUITABLE ALLOCATION OF AIRPORT IMPROVEMENT PROGRAM 
                                FUNDING.
       Definitions.--In this section:
       (1) Airport and Airway Trust Fund.The term ``Airport and 
     Airway Trust Fund'' means the trust fund established under 
     section 9502 of the Internal Revenue Code of 1986.
       (2) Equitable state allocation.--The term ``equitable State 
     allocation'', with respect to a State and fiscal year, means 
     the amount determined under subsection (c)(1) for the State 
     and fiscal year.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (4) State.--The term ``State'' means each of the States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) State dollar contribution to the airport and airway 
     trust fund.--The term ``State dollar contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the amount of funds equal to the amounts 
     transferred to Airport and Airway Trust Fund under section 
     9502 of the Internal Revenue Code of 1986 that are equivalent 
     to the taxes described in section 9502(b) of the Internal 
     Revenue Code of 1986 that are collected in that State.
       (6) State percentage contribution to the airport and airway 
     trust fund.--The term ``State percentage contribution to the 
     Airport and Airway Trust Fund'', with respect to a State and 
     fiscal year, means the proportion, expressed as a percentage, 
     that the State dollar contribution to the Airport and Airway 
     Trust Fund bears to the aggregate of the State dollar 
     contributions to the Airport and Airway Trust Fund collected 
     from all of the States for the fiscal year.
       (b) Determinations.--Not later than 30 days after the close 
     of each fiscal year--
       (1) the Secretary of the Treasury shall report to the 
     Secretary the amount equal to the amount of taxes collected 
     in each State during the fiscal year that are transferred to 
     the Airport and Airway Trust Fund; and
       (2) the Secretary shall determine the State dollar 
     contribution to the Airport and Airway Trust Fund and State 
     percentage contribution to the Airport and Airway Trust Fund 
     of each State for the fiscal year.
       (c) Equitable State Allocation.--
       (1) In general.--
       (A) Allocation.--Notwithstanding any other provision of 
     law, each State shall be entitled to receive under each 
     program administered by the Secretary for which funds are 
     authorized to be transferred from the Airport and Airway 
     Trust Fund, an amount for a fiscal year that is not less than 
     90 percent of the amount that is equal to the aggregate 
     amount to be paid under that program to all of the States for 
     the fiscal year (adjusted for any administrative costs 
     referred to in section 9502(d)(1)(C) of the Internal Revenue 
     Code of 1986) multiplied by the State percentage contribution 
     to the Airport and Airway Trust Fund for the fiscal year.
       (B) Rule of construction.--Nothing in this section is 
     intended to permit a use of amounts made available to a State 
     under this section in a manner that does not meet the 
     applicable requirements of part B of subtitle VII of title 
     49, United States Code.
       (2) Implementation.--If, but for this section, a State 
     would be entitled to receive less than the amount of its 
     equitable State allocation under a program administered by 
     the Secretary, the Secretary shall deduct from the amounts to 
     be paid to States that would be entitled to receive more than 
     the equitable State allocations for those States, pro rata, 
     the amount necessary to enable the Secretary to pay the State 
     the full amount of its equitable State allocation.
                                                                    ____


                           Amendment No. 1482

       On page 23, line 4, strike ``145'' and substitute ``130'' 
     in lieu thereof:
                                                                    ____


                           Amendment No. 1483

       Beginning on page 150, strike line 5 and all that follows 
     through page 155, line 5, and insert the following:
       (c) Performance Bonus Program.--Section 119 of title 23, 
     United States Code (as amended by subsection (b)), is amended 
     by adding at the end the following:
       ``(d) Performance Bonus Program.--
       ``(1) In general.--For fiscal year 1998 and each fiscal 
     year thereafter, the Secretary, from funds made available 
     under this subsection, shall allocate--
       ``(A) $15,000,000 to each of the 5 States in which the 
     percentage of Interstate System lane miles that is classified 
     as being in fair condition or worse is the lowest; and
       ``(B) $15,000,000 to each of the 5 States in which the 
     percentage of the number of bridges on public roads that are 
     structurally deficient is the lowest.
       ``(2) Authorization of contract authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this subsection $150,000,000 
     for each of fiscal years 1998 through 2003.''.
       (d) Conforming Amendments.--
       (1) Section 119(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``; except that the 
     Secretary may only approve a project pursuant to this 
     subsection on a toll road if such road is subject to a 
     Secretarial agreement provided for in subsection (e)''.
       (2) Section 1009(c)(2) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 119 note; 
     105 Stat. 1934) is amended by striking ``section 119(f)(1)'' 
     and inserting ``section 119(c)(1)''.

                      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 
     (h) and (i), 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

[[Page S11091]]

     any project with an estimated total cost of $1,000,000,000 or 
     more.
       ``(g) Condition of Metropolitan Highways; Fiscal 
     Capacity.--Notwithstanding any other provision of law, before 
     the Secretary approves any project that would result in the 
     construction of a significant new highway or the addition of 
     significant new capacity to an existing highway--
       ``(1) the State proposing the project shall--
       ``(A) demonstrate to the Secretary that the State possesses 
     sufficient fiscal capacity to ensure that the State will be 
     capable of maintaining the physical condition of the new 
     highway or highway capacity to the satisfaction of the 
     Secretary over the useful life of the highway; and
       ``(B) agree to maintain the highway for the entirety of the 
     useful life of the highway; and
       ``(2) the condition of not more than 40 percent of the lane 
     miles of routes on the Interstate System and other freeways 
     and expressways in the metropolitan areas of the State is 
     classified as being poor or mediocre.''.
                                                                    ____


                           Amendment No. 1484

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. PURPOSES.

       The purposes of this Act are--
       (1) to make funds available for the Federal-aid highway, 
     highway safety, motor carrier safety, and mass transportation 
     programs for the first 6 months of fiscal year 1998 by 
     extending the Intermodal Surface Transportation Efficiency 
     Act of 1991 (105 Stat. 1914) to ensure the continuation of 
     the programs while a multiyear reauthorization is developed; 
     and
       (2) to provide a structure that allows programmatic, 
     apportionment formula, and funding adjustments for the second 
     6 months of fiscal year 1998 through enactment of a law 
     providing for a multiyear reauthorization.

     SEC. 2. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

       (a) Major Programs.--
       (1) In general.--Section 1003 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1918) is 
     amended by adding at the end the following:
       ``(d) Federal-Aid Highways for Period of October 1, 1997, 
     Through March 31, 1998.--
       ``(1) In general.--
       ``(A) Authorization of appropriations.--There are 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety construction programs 
     $11,942,375,000 for the period of October 1, 1997, through 
     March 31, 1998.
       ``(B) Distribution.--Amounts made available under 
     subparagraph (A) shall be distributed in accordance with this 
     subsection.
       ``(2) Certain discretionary programs.--Of the amounts made 
     available under paragraph (1), the Secretary shall deduct, 
     for the period of October 1, 1997, through March 31, 1998--
       ``(A) $32,500,000 to carry out section 118(c)(2) of title 
     23, United States Code; and
       ``(B) $30,250,000 to carry out the discretionary program 
     under paragraphs (1) and (2) of section 144(g) of that title.
       ``(3) State allocation percentages.--Using amounts 
     remaining after making the deductions under paragraph (2) and 
     application of paragraphs (4) and (5), the Secretary shall 
     determine the amount to be apportioned to each State in 
     accordance with the percentage specified for the State in the 
     following table:

Percentage:
2.0026a................................................................
1.0499.................................................................
1.4627a................................................................
1.5268as...............................................................
8.9046rnia.............................................................
1.0443do...............................................................
1.9229ticut............................................................
0.4057re...............................................................
0.4436ct of Columbia...................................................
4.4867a................................................................
3.2899a................................................................
0.6435.................................................................
0.6314.................................................................
3.6779is...............................................................
2.4581a................................................................
1.1364.................................................................
1.1383.................................................................
1.6617ky...............................................................
1.4831ana..............................................................
0.6458.................................................................
1.4512nd...............................................................
3.5632husetts..........................................................
3.0432an...............................................................
1.4547ota..............................................................
1.1286sippi............................................................
2.2677ri...............................................................
0.7857a................................................................
0.7501ka...............................................................
0.6218.................................................................
0.4764mpshire..........................................................
2.6851rsey.............................................................
0.8767xico.............................................................
5.7882rk...............................................................
2.7408Carolina.........................................................
0.5972Dakota...........................................................
3.4702.................................................................
1.5021ma...............................................................
1.1378.................................................................
4.5007lvania...........................................................
0.4708Island...........................................................
1.6019Carolina.........................................................
0.5990Dakota...........................................................
2.0954see..............................................................
6.9197.................................................................
0.6672.................................................................
0.4287t................................................................
2.4440ia...............................................................
1.7603gton.............................................................
1.1088irginia..........................................................
2.0159sin..............................................................
0.5999g................................................................
0.4312.Rico............................................................

       ``(4) State programmatic distribution.--
       ``(A) In general.--Of the funds to be apportioned to each 
     State under paragraph (3), the Secretary shall ensure that 
     the State is apportioned an amount of the funds, determined 
     under subparagraph (B)--
       ``(i) for the Interstate maintenance program under section 
     119 of title 23, United States Code;
       ``(ii) for the National Highway System under section 103 of 
     that title;
       ``(iii) for the bridge program under section 144 of that 
     title;
       ``(iv) for the surface transportation program under section 
     133 of that title;
       ``(v) for the congestion mitigation and air quality 
     improvement program under section 149 of that title;
       ``(vi) for minimum allocation under section 157 of that 
     title;
       ``(vii) for Interstate reimbursement under section 160 of 
     that title;
       ``(viii) for the donor State bonus under section 1013(c);
       ``(ix) for hold harmless under section 1015(a);
       ``(x) for the 90 percent of payments adjustments under 
     section 1015(b);
       ``(xi) for metropolitan planning under section 134 of that 
     title;
       ``(xii) for section 1015(c);
       ``(xiii) in an amount equal to the amount of funds provided 
     under sections 1103 through 1108; and
       ``(xiv) for funding restoration under section 202 of the 
     National Highway System Designation Act of 1995 (109 Stat. 
     571).
       ``(B) Formula.--The amount that each State shall be 
     apportioned under this subsection for each item referred to 
     in subparagraph (A) shall be determined by multiplying--
       ``(i) the amount apportioned to the State under paragraph 
     (3); by
       ``(ii) the ratio that--

       ``(I) the amount of funds apportioned for the item, or 
     allocated under sections 1103 through 1108, to the State for 
     fiscal year 1997; bears to
       ``(II) the total of the amount of funds apportioned for the 
     items, and allocated under those sections, to the State for 
     fiscal year 1997.

       ``(C) Minimum allocation.--Not more than $319,500,000 of 
     the funds apportioned to States under this subsection for 
     minimum allocation under section 157 of title 23, United 
     States Code, shall not be subject to any obligation 
     limitation.
       ``(D) Special rule.--Amounts apportioned to a State under 
     this subsection that are attributable to sections 1103 
     through 1108 shall be available to the State for projects 
     eligible for assistance under chapter 1 of title 23, United 
     States Code.
       ``(E) Administration.--Funds authorized under this 
     subsection shall be administered as if the funds had been 
     apportioned, allocated, deducted, or set aside, as the case 
     may be, under title 23, United States Code.
       ``(5) General operating expenses and territorial 
     highways.--
       ``(A) General operating expenses.--After making the 
     determinations and before apportioning funds under paragraphs 
     (3) and (4), the Secretary shall deduct the amount that would 
     be required to be deducted under section 104(a) of title 23, 
     United States Code, from the aggregate of amounts to be 
     apportioned to all States for programs to which the deduction 
     under that section would apply if that section applied to the 
     apportionment.
       ``(B) Territorial highways.--After making the 
     determinations and before apportioning funds under paragraphs 
     (3) and (4), the Secretary shall deduct the amount required 
     to be deducted under section 104(b)(1) of title 23, United 
     States Code, for the Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands from the 
     aggregate of amounts to be apportioned to all States for the 
     National Highway System under this subsection.''.
       (2) National recreational trails program.--Section 104(h) 
     of title 23, United States Code, is amended by inserting 
     after ``1997'' the following: ``and $7,500,000 for the period 
     of October 1, 1997, through March 31, 1998''.
       (3) Woodrow wilson bridge.--Section 104(i)(1) of title 23, 
     United States Code, is amended by inserting after ``1997'' 
     the following: ``, and for the period of October 1, 1997, 
     through March 31, 1998,''.
       (4) Off-system bridges.--Section 144(g)(3) of title 23, 
     United States Code, is amended by inserting after ``1997,'' 
     the following: ``and for the period of October 1, 1997, 
     through March 31, 1998,''.
       (b) Federal Lands Highways.--Section 1003(a)(6) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1919) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``1992 and'' and inserting ``1992,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $95,500,000 for the period of October 1, 
     1997, through March 31, 1998'';
       (2) in subparagraph (B)--
       (A) by striking ``1995, and'' and inserting ``1995,''; and
       (B) by inserting before the period at the end the 
     following: ``and $86,000,000 for the period of October 1, 
     1997, through March 31, 1998''; and
       (3) in subparagraph (C)--
       (A) by striking ``1995, and'' and inserting ``1995,''; and

[[Page S11092]]

       (B) by inserting before the period at the end the 
     following: ``, and $42,000,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (c) Certain Allocated Programs.--
       (1) Highway use tax evasion.--Section 1040(f)(1) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 101 note; 105 Stat 1992) is amended in the first 
     sentence by inserting before the period at the end the 
     following: ``and $2,500,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (2) Scenic byways program.--Section 1047(d) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 101 note; 105 Stat. 1998) is amended in the first 
     sentence--
       (A) by striking ``1994, and'' and inserting ``1994,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $7,000,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (3) Ferry boat construction.--Section 1064(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 129 note; 105 Stat. 2005) is amended--
       (A) by striking ``1996, and'' and inserting ``1996,''; and
       (B) by inserting after ``1997'' the following: ``, and 
     $9,000,000 for the period of October 1, 1997, through March 
     31, 1998,''.
       (d) Fiscal Year 1998 Obligation Limitation.--
       (1) In general.--Section 1002 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1916) is 
     amended--
       (A) in subsection (a)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(7) $21,500,000,000 for fiscal year 1998.''; and
       (B) by adding at the end the following:
       ``(h) Special Rule for Fiscal Year 1998.--The Secretary 
     shall distribute--
       ``(1) on October 1, 1997, 50 percent of the limitation on 
     obligations for Federal-aid highways and highway safety 
     construction programs imposed by the Department of 
     Transportation and Related Agencies Appropriations Act, 1998; 
     and
       ``(2) on July 1, 1998, 50 percent of the limitation.''.
       (2) Limitation.--Nothing in this section (including the 
     amendments made by this section) shall apply to any funds 
     made available before October 1, 1997, for carrying out--
       (A) sections 125 and 157 of title 23, United States Code; 
     and
       (B) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).

     SEC. 3. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

       (a) NHTSA Highway Safety Programs.--Section 2005 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2079) is amended--
       (1) in paragraph (1)--
       (A) by striking ``1996, and'' and inserting ``1996,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $83,000,000 for the period of October 1, 
     1997, through March 31, 1998''; and
       (2) in paragraph (2), by inserting before the period at the 
     end the following: ``and $22,000,000 for the period of 
     October 1, 1997, through March 31, 1998''.
       (b) Alcohol-Impaired Driving Countermeasures.--Section 410 
     of title 23, United States Code, is amended--
       (1) in subsection (c)--
       (A) by striking ``5'' and inserting ``6''; and
       (B) in paragraph (3), by striking ``and fifth'' and 
     inserting ``fifth, and sixth'';
       (2) in subsection (d)(2)(B), by striking ``two'' and 
     inserting ``3''; and
       (3) in the first sentence of subsection (j)--
       (A) by striking ``1997, and'' and inserting ``1997,''; and
       (B) by inserting before the period at the end the following 
     ``, and $12,500,000 for the period of October 1, 1997, 
     through March 31, 1998''.
       (c) National Driver Register.--Section 30308(a) of title 
     49, United States Code, is amended--
       (1) by striking ``1994, and'' and inserting ``1994,''; and
       (2) by inserting after ``1997,'' the following: ``and 
     $1,855,000 for the period of October 1, 1997, through March 
     31, 1998,''.
       (d) Obligation Limitation.--The total of all obligations 
     for highway traffic safety grants under sections 402 and 410 
     of title 23, United States Code, for fiscal year 1998 shall 
     not exceed $186,500,000.

     SEC. 4. FEDERAL TRANSIT PROGRAMS.

       (a) Allocating Amounts.--Section 5309(m)(1) of title 49, 
     United States Code, is amended by inserting ``, and for the 
     period of October 1, 1997, through March 31, 1998'' after 
     ``1997''.
       (b) Apportionment of Appropriations for Fixed Guideway 
     Modernization.--Section 5337 of title 49, United States Code, 
     is amended--
       (1) in subsection (a), by inserting ``and for the period of 
     October 1, 1997, through March 31, 1998,'' after ``1997,''; 
     and
       (2) by adding at the end the following:
       ``(e) Special Rule for October 1, 1997, Through March 31, 
     1998.--The Secretary shall determine the amount that each 
     urbanized area is to be apportioned for fixed guideway 
     modernization under this section on a pro rata basis to 
     reflect the partial fiscal year 1998 funding made available 
     by section 5338(b)(1)(F).''.
       (c) Authorizations.--Section 5338 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by adding at the end following:
       ``(F) $1,284,792,000 for the period of October 1, 1997, 
     through March 31, 1998.''; and
       (B) in paragraph (2), by adding at the end the following:
       ``(F) $213,869,000 for the period of October 1, 1997, 
     through March 31, 1998.'';
       (2) in subsection (b)(1), by adding at the end the 
     following:
       ``(F) $1,162,708,000 for the period of October 1, 1997, 
     through March 31, 1998.'';
       (3) in subsection (c), by inserting ``and not more than 
     $1,500,000 for the period of October 1, 1997, through March 
     31, 1998,'' after ``1997,'';
       (4) in subsection (e), by inserting ``and not more than 
     $3,000,000 is available from the Fund (except the Account) 
     for the Secretary for the period of October 1, 1997, through 
     March 31, 1998,'' after ``1997,'';
       (5) in subsection (h)(3), by inserting ``and $3,000,000 is 
     available for section 5317 for the period of October 1, 1997, 
     through March 31, 1998'' after ``1997'';
       (6) in subsection (j)(5)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) the lesser of $1,500,000 or an amount that the 
     Secretary determines is necessary is available for the period 
     of October 1, 1997, through March 31, 1998.'';
       (7) in subsection (k), by striking ``or (e)'' and inserting 
     ``(e), or (m)''; and
       (8) by adding at the end the following:
       ``(m) Section 5316 for the Period of October 1, 1997, 
     Through March 31, 1998.--Not more than the following amounts 
     may be appropriated to the Secretary from the Fund (except 
     the Account) for the period of October 1, 1997, through March 
     31, 1998:
       ``(1) $125,000 to carry out section 5316(a).
       ``(2) $1,500,000 to carry out section 5316(b).
       ``(3) $500,000 to carry out section 5316(c).
       ``(4) $500,000 to carry out section 5316(d).
       ``(5) $500,000 to carry out section 5316(e).''.
       (d) Obligation Limitations.--
       (1) Discretionary grants and loans.--The total of all 
     obligations from the Mass Transit Account of the Highway 
     Trust Fund for carrying out section 5309 of title 49, United 
     States Code, relating to discretionary grants and loans, for 
     fiscal year 1998 shall not exceed $2,000,000,000.
       (2) Formula transit programs.--The total of all obligations 
     for formula transit programs under sections 5307, 5310, 5311, 
     and 5336 of title 49, United States Code, for fiscal year 
     1998 shall not exceed $2,210,000,000.

     SEC. 5. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

       (a) Motor Carrier Safety Funding.--Section 31104(a) of 
     title 49, United States Code, is amended--
       (1) in paragraphs (1) through (5), by striking ``not more'' 
     each place it appears and inserting ``Not more''; and
       (2) by adding at the end the following:
       ``(6) Not more than $45,000,000 for the period of October 
     1, 1997, through March 31, 1998.''.
       (b) Obligation Limitation.--The total of all obligations 
     for carrying out the motor carrier safety program under 
     section 31102 of title 49, United States Code, for fiscal 
     year 1998 shall not exceed $85,325,000.

     SEC. 6. EXTENSION OF RESEARCH PROGRAMS.

       (a) Bureau of Transportation Statistics.--Section 6006 of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2172) is amended--
       (1) by inserting ``(a) In General.--'' before ``Chapter 
     I''; and
       (2) in the first sentence of subsection (b)--
       (A) by striking ``1996, and'' and inserting ``1996,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $12,500,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (b) Intelligent Transportation Systems.--Section 6058(b) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2194) is amended--
       (1) by striking ``1992 and'' and inserting ``1992,''; and
       (2) by inserting before the period at the end the 
     following: ``, and $56,500,000 for the period of October 1, 
     1997, through March 31, 1998''.

     SEC. 7. 1-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES.

       (a) General Expenditure Authority and Purposes.--Paragraph 
     (1) of section 9503(c) of the Internal Revenue Code of 1986 
     is amended--
       (1) by striking ``October 1, 1997'' and inserting ``October 
     1, 1998''; and
       (2) by striking the last sentence and inserting the 
     following new flush sentence:

     ``In determining the authorizations under the Acts referred 
     to in the preceding subparagraphs, such Acts shall be applied 
     as in effect on the date of the enactment of this 
     sentence.''.
       (b) Transfers to Other Accounts.--
       (1) Paragraphs (4)(A)(i) and (5)(A) of section 9503(c), and 
     paragraph (3) of section 9503(e), of such Code are each 
     amended by striking ``October 1, 1997'' and inserting 
     ``October 1, 1998''.
       (2) Subparagraph (E) of section 9503(c)(6) of such Code is 
     amended by striking ``September 30, 1997'' and inserting 
     ``September 30, 1998''.

[[Page S11093]]

       (c) Mass Transit Account.--Paragraph (3) of section 9503(e) 
     of such Code is amended--
       (1) by striking ``October 1, 1997'' and inserting ``October 
     1, 1998''; and
       (2) by striking all that follows ``the enactment of'' and 
     inserting ``the last sentence of subsection (c)(1).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1997.
                                                                    ____


                           Amendment No. 1485

       On page 106, line 15, strike ``$70,000,000'' and substitute 
     ``$130,000,000'' in lieu thereof.
                                                                    ____


                           Amendment No. 1486

       On page 8, line 15, strike ``50'' and insert ``45'' in lieu 
     thereof.
       On page 10, line 11, strike ``50'' and insert ``45'' in 
     lieu thereof.
       On page 10, after line 6 insert the following:
       ``(iii) 10 percent in accordance with the reimbursement 
     percentage original contributions to construction of segments 
     of the Interstate System which were constructed without 
     Federal assistance as specified in the following table:

------------------------------------------------------------------------
                                                Original                
                    States                       cost in   Reimbursement
                                                millions     percentage 
------------------------------------------------------------------------
Alabama......................................          $9          0.50 
Alaska.......................................  ..........          0.50 
Arizona......................................          20          0.50 
Arkansas.....................................           6          0.50 
California...................................         298          5.42 
Colorado.....................................          23          0.50 
Connecticut..................................         314          5.71 
Delaware.....................................          39          0.71 
Florida......................................          31          0.56 
Georgia......................................          46          0.84 
Hawaii.......................................  ..........          0.50 
Idaho........................................           5          0.50 
Illinois.....................................         475          8.62 
Indiana......................................         167          3.03 
Iowa.........................................           5          0.50 
Kansas.......................................         101          1.84 
Kentucky.....................................          32          0.57 
Louisiana....................................          22          0.50 
Maine........................................          38          0.69 
Maryland.....................................         154          2.79 
Massachusetts................................         283          5.14 
Michigan.....................................         228          4.14 
Minnesota....................................          16          0.50 
Mississippi..................................           6          0.50 
Missouri.....................................          74          1.35 
Montana......................................           5          0.50 
Nebraska.....................................           1          0.50 
Nevada.......................................           2          0.50 
New Hampshire................................           8          0.50 
New Jersey...................................         353          6.41 
New Mexico...................................           8          0.50 
New York.....................................         929         16.88 
North Carolina...............................          36          0.65 
North Dakota.................................           3          0.50 
Ohio.........................................         257          4.68 
Oklahoma.....................................          91          1.66 
Oregon.......................................          78          1.42 
Pennsylvania.................................         354          6.43 
Rhode Island.................................          12          0.50 
South Carolina...............................           4          0.50 
South Dakota.................................           5          0.50 
Tennessee....................................           7          0.50 
Texas........................................         200          3.64 
Utah.........................................           6          0.50 
Vermont......................................           1          0.50 
Virginia.....................................         111          2.01 
Washington...................................          73          1.32 
West Virginia................................           5          0.50 
Wisconsin....................................           8          0.50 
Wyoming......................................           9          0.50 
D.C..........................................           9          0.50 
                                              --------------------------
      Totals.................................      $4,967        100.00 
------------------------------------------------------------------------

                                                           
                                                                    ____
                           Amendment No. 1487

       On page 2, strike ``Sec. 1206 Metric Conversion at State 
     Option'' and renumber succeeding sections.
       On page 144, line 1, strike all that follows through line 
     5, and renumber the succeeding sections.
                                                                    ____


                           Amendment No. 1488

       On page 156, strike lines 16 through 24 and insert the 
     following
       ``(a) Transportation Enhancement Activities.--Section 133 
     of title 23, United States Code, is amended in subsection 
     (e)--''.
                                                                    ____


                           Amendment No. 1489

       Beginning on page 5, strike line 12 and all that follows 
     through page 43, line 8, and insert the following:
       (1) Interstate and national highway system program.--For 
     the Interstate and National Highway System program under 
     section 103 of that title $12,970,000,000 for fiscal year 
     1998, $12,887,000,000 for fiscal year 1999, $12,932,000,000 
     for fiscal year 2000, $13,030,000,000 for fiscal year 2001, 
     $13,300,000,000 for fiscal year 2002, and $13,779,000,000 for 
     fiscal year 2003, of which--
       (A) $5,044,000,000 for fiscal year 1998, $5,011,000,000 for 
     fiscal year 1999, $5,029,000,000 for fiscal year 2000, 
     $5,067,000,000 for fiscal year 2001, $5,172,000,000 for 
     fiscal year 2002, and $5,359,000,000 for fiscal year 2003 
     shall be used for the Interstate maintenance component; and
       (B) $1,535,000,000 for fiscal year 1998, $1,526,000,000 for 
     fiscal year 1999, $1,531,000,000 for fiscal year 2000, 
     $1,542,000,000 for fiscal year 2001, $1,574,000,000 for 
     fiscal year 2002, and $1,631,000,000 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 
     $7,676,000,000 for fiscal year 1998, $7,626,000,000 for 
     fiscal year 1999, $7,653,000,000 for fiscal year 2000, 
     $7,711,000,000 for fiscal year 2001, $7,871,000,000 for 
     fiscal year 2002, and $8,154,000,000 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 
     $1,261,000,000 for fiscal year 1998, $1,253,000,000 for 
     fiscal year 1999, $1,257,000,000 for fiscal year 2000, 
     $1,267,000,000 for fiscal year 2001, $1,293,000,000 for 
     fiscal year 2002, and $1,340,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105

[[Page S11094]]

     of the Federal-Aid Highway Act of 1978 (92 Stat. 2692))) in 
     all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (c) 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 
     specified in paragraph (2) amounts sufficient to ensure that 
     the State's percentage of the total apportionments for the 
     fiscal year 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 is not less than the percentage 
     specified for the State in paragraph (2).
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Connecticut...............................................1.75 ....

    Hawaii....................................................0.61 ....

    Maine.....................................................0.58 ....

    Maryland..................................................1.52 ....

    Massachusetts.............................................2.00 ....

    Nevada....................................................0.74 ....

    New Hampshire.............................................0.53 ....

    New Jersey................................................2.45 ....

    New Mexico................................................1.06 ....

    Rhode Island..............................................0.59.....

       ``(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.''.

       (d) 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.''.
       (e) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--

[[Page S11095]]

       (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''.
       (f) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(2)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(2)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)(A)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.

     SEC. 1103. OBLIGATION CEILING.

       (a) General Limitations.--Subject to the other provisions 
     of this section and notwithstanding any other provision of 
     law, the total amount of all obligations for Federal-aid 
     highways and highway safety construction programs shall not 
     exceed--
       (1) $21,800,000,000 for fiscal year 1998;
       (2) $22,802,000,000 for fiscal year 1999;
       (3) $22,939,000,000 for fiscal year 2000;
       (4) $23,183,000,000 for fiscal year 2001;
       (5) $23,699,000,000 for fiscal year 2002; and
       (6) $24,548,000,000 for fiscal year 2003.
       (b) Exceptions.--
       (1) In general.--The limitations under subsection (a) shall 
     not apply to obligations of funds under--
       (A) section 105(a) of title 23, United States Code (but, 
     for each of fiscal years 1998 through 2003, only in an amount 
     equal to the amount included for section 157 of title 23, 
     United States Code, in the baseline determined by the 
     Congressional Budget Office for the fiscal year 1998 budget);
       (B) section 125 of that title;
       (C) section 157 of that title (as in effect on the day 
     before the date of enactment of this Act);
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (F) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (G) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198); and
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).
       (2) Effect of other law.--A provision of law establishing a 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs may not amend or limit 
     the applicability of this subsection, unless the provision 
     specifically amends or limits that applicability.
       (c) Applicability to Transportation Research Programs.--
     Obligation limitations for Federal-aid highways and highway 
     safety construction programs established by subsection (a) 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code.
       (d) Obligation Authority.--Section 118 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Obligation Authority.--
       ``(1) Distribution.--For each fiscal year, the Secretary 
     shall--
       ``(A) distribute the total amount of obligation authority 
     for Federal-aid highways and highway safety construction 
     programs made available for the fiscal year by allocation in 
     the ratio that--
       ``(i) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to each State for the fiscal year; 
     bears to
       ``(ii) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums authorized to be appropriated for 
     Federal-aid highways that have been apportioned to a State; 
     and
       ``(C) notwithstanding subparagraphs (A) and (B), not 
     distribute--
       ``(i) amounts deducted under section 104(a) for 
     administrative expenses;
       ``(ii) amounts set aside under section 104(k) for 
     Interstate 4R and bridge projects;
       ``(iii) amounts made available under sections 143, 164, 
     165, 204, 206, 207, and 322;
       ``(iv) amounts made available under section 111 of title 
     49;
       ``(v) amounts made available under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.);
       ``(vi) amounts made available under section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938);
       ``(vii) amounts made available under sections 1503, 1603, 
     and 1604 of the Intermodal Surface Transportation Efficiency 
     Act of 1997;
       ``(viii) amounts made available under section 149(d) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 201);
       ``(ix) amounts made available under section 105(a) to the 
     extent that the amounts are subject to any obligation 
     limitation under section 1103(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997;''.

[[Page S11096]]

     
                                                                    ____
                           Amendment No. 1490

       On page 177, between lines 5 and 6, insert the following:
       (e) Funding.--Section 1064 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 
     105 Stat. 2005) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Funding.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     obligation at the discretion of the Secretary in carrying out 
     this section $20,000,000 for each of fiscal years 1998 
     through 2003.
       ``(2) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.''.
                                                                    ____


                           Amendment No. 1491

       On page 20, line 22, strike all that follows through page 
     28, line 20, and insert the following in lieu thereof:
       ``(c) Maximum Apportionment.--
       ``(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 product obtained by multiplying the annual 
     average of the total apportionments determined under 
     subparagraph (B) by 145%;
       ``(D) for each of the 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)(C), the 
     Secretary shall reduce proportionately the apportionments to 
     the State under section 104 of title 23, United States Code, 
     for the 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)(C).
       ``(E) Redistribution of Funds.--
       ``(i) In General.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be distributed 
     proportionately under section (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 (D).
       ``(ii) Limitation.--The ratio that--
       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State 
     may not exceed 145 percent.
                                                                    ____


                           Amendment No. 1492

       On page 136, after line 22, insert the following:

     ``SEC. 1128 HIGH COST BRIDGE AND INTERSTATE SYSTEM 
                   RECONSTRUCTION AND IMPROVEMENT PROGRAM.

       (a) In General.--The following new section is added to 
     Chapter 1, Title 23, United States Code:

     ``Sec. 166. High cost bridge and interstate system 
       reconstruction and improvement program

       ``(a) Establishment.--The Secretary shall establish and 
     implement a high cost bridge and interstate reconstruction 
     and improvement program in accordance with this section.
       ``(b) Eligible Projects.--Funds made available to carry out 
     the high cost bridge and interstate reconstruction and 
     improvement program under this section for a fiscal year 
     shall be available for obligation by the Secretary for major 
     projects to replace or rehabilitate deficient bridges or any 
     major reconstruction or improvement project to any highway 
     designated as part of the Interstate System and open to 
     traffic before the date of the enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1997. Such funds 
     shall be made available by the Secretary to any State 
     applying for such funds only if the Secretary determines 
     that--
       ``(1) the total cost of the project is greater than the 
     lesser of $200,000,000 or 50 percent of the aggregate amount 
     of funds apportioned to the State under this title for such 
     fiscal year;
       ``(2) the project is a ready-to-commence project;
       ``(3) the State agrees that it will not transfer funds 
     apportioned to it under section 104(b)(5) for such fiscal 
     year to any other program category; and
                                 ______
                                 

          MOSELEY-BRAUN (AND DURBIN) AMENDMENTS NOS. 1493-1505

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN (for herself and Mr. Durbin) submitted 13 
amendments intended to be proposed by them to the bill, S. 1173, supra; 
as follows:

                           Amendment No. 1493

       Beginning on page 5, strike line 1 and all that follows 
     through page 188, line 25 and insert the following:
                    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 $12,345,933,000 for fiscal year 
     1998, $12,174,933,000 for fiscal year 1999, $12,186,233,000 
     for fiscal year 2000, $12,286,233,000 for fiscal year 2001, 
     $12,614,233,000 for fiscal year 2002, and $13,150,233,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,215,624,000 for fiscal year 1998, $7,229,624,000 for 
     fiscal year 1999, $7,271,624,000 for fiscal year 2000, 
     $7,328,624,000 for fiscal year 2001, $7,478,624,000 for 
     fiscal year 2002, and $8,014,624,000 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 
     $1,185,424,000 for fiscal year 1998, $1,187,424,000 for 
     fiscal year 1999, $1,194,424,000 for fiscal year 2000, 
     $1,204,424,000 for fiscal year 2001, $1,228,424,000 for 
     fiscal year 2002, and $1,265,424,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

[[Page S11097]]

       ``(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 funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this 
     title.''.
       (c) 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

[[Page S11098]]

       ``(II) under this section; 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).
       ``(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.''.

       (d) 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.''.
       (e) 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''.
       (f) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(2)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(2)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)(A)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.

     SEC. 1103. OBLIGATION CEILING.

       (a) General Limitations.--Subject to the other provisions 
     of this section and notwithstanding any other provision of 
     law, the total amount of all obligations for Federal-aid 
     highways and highway safety construction programs shall not 
     exceed--
       (1) $21,800,000,000 for fiscal year 1998;
       (2) $22,802,000,000 for fiscal year 1999;
       (3) $22,939,000,000 for fiscal year 2000;
       (4) $23,183,000,000 for fiscal year 2001;
       (5) $23,699,000,000 for fiscal year 2002; and
       (6) $24,548,000,000 for fiscal year 2003.
       (b) Exceptions.--
       (1) In general.--The limitations under subsection (a) shall 
     not apply to obligations of funds under--
       (A) section 105(a) of title 23, United States Code (but, 
     for each of fiscal years 1998 through 2003, only in an amount 
     equal to the amount included for section 157 of title 23, 
     United States Code, in the baseline determined by the 
     Congressional Budget Office for the fiscal year 1998 budget), 
     excluding amounts allocated under section 105(a)(1)(B) of 
     that title;
       (B) section 125 of that title;
       (C) section 157 of that title (as in effect on the day 
     before the date of enactment of this Act);
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

[[Page S11099]]

       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (F) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (G) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198); and
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).
       (2) Effect of other law.--A provision of law establishing a 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs may not amend or limit 
     the applicability of this subsection, unless the provision 
     specifically amends or limits that applicability.
       (c) Applicability to Transportation Research Programs.--
     Obligation limitations for Federal-aid highways and highway 
     safety construction programs established by subsection (a) 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code.
       (d) Obligation Authority.--Section 118 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Obligation Authority.--
       ``(1) Distribution.--For each fiscal year, the Secretary 
     shall--
       ``(A) distribute the total amount of obligation authority 
     for Federal-aid highways and highway safety construction 
     programs made available for the fiscal year by allocation in 
     the ratio that--
       ``(i) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to each State for the fiscal year; 
     bears to
       ``(ii) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums authorized to be appropriated for 
     Federal-aid highways that have been apportioned to a State; 
     and
       ``(C) notwithstanding subparagraphs (A) and (B), not 
     distribute--
       ``(i) amounts deducted under section 104(a) for 
     administrative expenses;
       ``(ii) amounts set aside under section 104(k) for 
     Interstate 4R and bridge projects;
       ``(iii) amounts made available under sections 143, 164, 
     165, 204, 206, 207, and 322;
       ``(iv) amounts made available under section 111 of title 
     49;
       ``(v) amounts made available under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.);
       ``(vi) amounts made available under section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938);
       ``(vii) amounts made available under sections 1503, 1603, 
     and 1604 of the Intermodal Surface Transportation Efficiency 
     Act of 1997;
       ``(viii) amounts made available under section 149(d) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 201);
       ``(ix) amounts made available under section 105(a)(1)(A) to 
     the extent that the amounts are subject to any obligation 
     limitation under section 1103(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997;
       ``(x) amounts made available for implementation of programs 
     under chapter 5 of this title and sections 5222, 5232, and 
     5241 of title 49; and
       ``(xi) amounts made available under section 412 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995.
       ``(2) Redistribution.--Notwithstanding paragraph (1), the 
     Secretary shall, after August 1 of each of fiscal years 1998 
     through 2003--
       ``(A) revise a distribution of the funds made available 
     under paragraph (1) for the fiscal year if a State will not 
     obligate the amount distributed during the fiscal year; and
       ``(B) redistribute sufficient amounts to those States able 
     to obligate amounts in addition to the amounts previously 
     distributed during the fiscal year, giving priority to those 
     States that have large unobligated balances of funds 
     apportioned under section 104 and under section 144 (as in 
     effect on the day before the date of enactment of this 
     subparagraph).''.
       (e) Applicability of Obligation Limitations.--An obligation 
     limitation established by a provision of any other Act shall 
     not apply to obligations under a program funded under this 
     Act or title 23, United States Code, unless--
       (1) the provision specifically amends or limits the 
     applicability of this subsection; or
       (2) an obligation limitation is specified in this Act with 
     respect to the program.

     SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION 
                   PROGRAM.

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

     SEC. 1105. EMERGENCY RELIEF.

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

     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.

     SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

       (a) Federal Share Payable.--Section 120 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(j) Use of Federal Land Management Agency Funds.--
     Notwithstanding any other provision of law, the funds 
     appropriated to any Federal land management agency may be 
     used to pay the non-Federal share of the cost of any Federal-
     aid highway project the Federal share of which is funded 
     under section 104.
       ``(k) Use of Federal Lands Highways Program Funds.--
     Notwithstanding any other provision of law, the funds made 
     available to carry out the Federal lands highways program 
     under section 204 may be used to pay the non-Federal share of 
     the cost of any project that is funded under section 104 and 
     that provides access to or within Federal or Indian lands.''.

[[Page S11100]]

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

     SEC. 1107. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 205 the following:

     ``Sec. 206. Recreational trails program

       ``(a) Definitions.--
       ``(1) Motorized recreation.--The term `motorized 
     recreation' means off-road recreation using any motor-powered 
     vehicle, except for a motorized wheelchair.
       ``(2) Recreational trail; trail.--The term `recreational 
     trail' or `trail' means a thoroughfare or track across land 
     or snow, used for recreational purposes such as--
       ``(A) pedestrian activities, including wheelchair use;
       ``(B) skating or skateboarding;
       ``(C) equestrian activities, including carriage driving;
       ``(D) nonmotorized snow trail activities, including skiing;
       ``(E) bicycling or use of other human-powered vehicles;
       ``(F) aquatic or water activities; and
       ``(G) motorized vehicular activities, including all-terrain 
     vehicle riding, motorcycling, snowmobiling, use of off-road 
     light trucks, or use of other off-road motorized vehicles.
       ``(b) Program.--In accordance with this section, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the Secretary of Agriculture, shall carry out a program 
     to provide and maintain recreational trails (referred to in 
     this section as the `program').
       ``(c) State Responsibilities.--To be eligible for 
     apportionments under this section--
       ``(1) a State may use apportionments received under this 
     section for construction of new trails crossing Federal lands 
     only if the construction is--
       ``(A) permissible under other law;
       ``(B) necessary and required by a statewide comprehensive 
     outdoor recreation plan required by the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.);
       ``(C) approved by the administering agency of the State 
     designated under paragraph (2); and
       ``(D) approved by each Federal agency charged with 
     management of the affected lands, which approval shall be 
     contingent on compliance by the Federal agency with all 
     applicable laws, including the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1600 et seq.), and the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.);
       ``(2) the Governor of a State shall designate the State 
     agency or agencies that will be responsible for administering 
     apportionments received under this section; and
       ``(3) the State shall establish within the State a State 
     trail advisory committee that represents both motorized and 
     nonmotorized trail users.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--Funds made available under this section 
     shall be obligated for trails and trail-related projects 
     that--
       ``(A) have been planned and developed under the laws, 
     policies, and administrative procedures of each State; and
       ``(B) are identified in, or further a specific goal of, a 
     trail plan or trail plan element included or referenced in a 
     metropolitan transportation plan required under section 134 
     or a statewide transportation plan required under section 
     135, consistent with the statewide comprehensive outdoor 
     recreation plan required by the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
       ``(2) Permissible uses.--Permissible uses of funds made 
     available under this section include--
       ``(A) maintenance and restoration of existing trails;
       ``(B) development and rehabilitation of trailside and 
     trailhead facilities and trail linkages;
       ``(C) purchase and lease of trail construction and 
     maintenance equipment;
       ``(D) construction of new trails;
       ``(E) acquisition of easements and fee simple title to 
     property for trails or trail corridors;
       ``(F) payment of costs to the State incurred in 
     administering the program, but in an amount not to exceed 7 
     percent of the apportionment received by the State for a 
     fiscal year; and
       ``(G) operation of educational programs to promote safety 
     and environmental protection as these objectives relate to 
     the use of trails.
       ``(3) Use of apportionments.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), of the apportionments received for a fiscal 
     year by a State under this section--
       ``(i) 40 percent shall be used for trail or trail-related 
     projects that facilitate diverse recreational trail use 
     within a trail corridor, trailside, or trailhead, regardless 
     of whether the project is for diverse motorized use, for 
     diverse nonmotorized use, or to accommodate both motorized 
     and nonmotorized recreational trail use;
       ``(ii) 30 percent shall be used for uses relating to 
     motorized recreation; and
       ``(iii) 30 percent shall be used for uses relating to 
     nonmotorized recreation.
       ``(B) Small state exclusion.--Any State with a total land 
     area of less than 3,500,000 acres, and in which nonhighway 
     recreational fuel use accounts for less than 1 percent of all 
     such fuel use in the United States, shall be exempted from 
     the requirements of subparagraph (A) upon application to the 
     Secretary by the State demonstrating that the State meets the 
     conditions of this subparagraph.
       ``(C) Waiver authority.--Upon the request of a State trail 
     advisory committee established under subsection (c)(3), the 
     Secretary may waive, in whole or in part, the requirements of 
     subparagraph (A) with respect to

[[Page S11101]]

     the State if the State certifies to the Secretary that the 
     State does not have sufficient projects to meet the 
     requirements of subparagraph (A).
       ``(D) State administrative costs.--State administrative 
     costs eligible for funding under paragraph (2)(F) shall be 
     exempt from the requirements of subparagraph (A).
       ``(e) Environmental Benefit or Mitigation.--To the extent 
     practicable and consistent with the other requirements of 
     this section, a State should give consideration to project 
     proposals that provide for the redesign, reconstruction, 
     nonroutine maintenance, or relocation of trails to benefit 
     the natural environment or to mitigate and minimize the 
     impact to the natural environment.
       ``(f) Federal Share.--
       ``(1) In general.--Subject to the other provisions of this 
     subsection, the Federal share of the cost of a project under 
     this section shall not exceed 80 percent.
       ``(2) Federal agency project sponsor.--Notwithstanding any 
     other provision of law, a Federal agency that sponsors a 
     project under this section may contribute additional Federal 
     funds toward the cost of a project, except that--
       ``(A) the share attributable to the Secretary of 
     Transportation may not exceed 80 percent; and
       ``(B) the share attributable to the Secretary and the 
     Federal agency jointly may not exceed 95 percent.
       ``(3) Use of funds from federal programs to provide non-
     federal share.--Notwithstanding any other provision of law, 
     amounts made available by the Federal Government under any 
     Federal program that are--
       ``(A) expended in accordance with the requirements of the 
     Federal program relating to activities funded and populations 
     served; and
       ``(B) expended on a project that is eligible for assistance 
     under this section;
     may be credited toward the non-Federal share of the cost of 
     the project.
       ``(4) Programmatic non-federal share.--A State may allow 
     adjustments to the non-Federal share of an individual project 
     under this section if the Federal share of the cost of all 
     projects carried out by the State under the program 
     (excluding projects funded under paragraph (2) or (3)) using 
     funds apportioned to the State for a fiscal year does not 
     exceed 80 percent.
       ``(5) State administrative costs.--The Federal share of the 
     administrative costs of a State under this subsection shall 
     be determined in accordance with section 120(b).
       ``(g) Uses Not Permitted.--A State may not obligate funds 
     apportioned under this section for--
       ``(1) condemnation of any kind of interest in property;
       ``(2) construction of any recreational trail on National 
     Forest System land for any motorized use unless--
       ``(A) the land has been apportioned for uses other than 
     wilderness by an approved forest land and resource management 
     plan or has been released to uses other than wilderness by an 
     Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved forest land and resource 
     management plan;
       ``(3) construction of any recreational trail on Bureau of 
     Land Management land for any motorized use unless the land--
       ``(A) has been apportioned for uses other than wilderness 
     by an approved Bureau of Land Management resource management 
     plan or has been released to uses other than wildernessK by 
     an Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved management plan; or
       ``(4) upgrading, expanding, or otherwise facilitating 
     motorized use or access to trails predominantly used by 
     nonmotorized trail users and on which, as of May 1, 1991, 
     motorized use is prohibited or has not occurred.
       ``(h) Project Administration.--
       ``(1) Credit for donations of funds, materials, services, 
     or new right-of-way.--
       ``(A) In general.--Nothing in this title or other law shall 
     prevent a project sponsor from offering to donate funds, 
     materials, services, or a new right-of-way for the purposes 
     of a project eligible for assistance under this section. Any 
     funds, or the fair market value of any materials, services, 
     or new right-of-way, may be donated by any project sponsor 
     and shall be credited to the non-Federal share in accordance 
     with subsection (f).
       ``(B) Federal project sponsors.--Any funds or the fair 
     market value of any materials or services may be provided by 
     a Federal project sponsor and shall be credited to the 
     Federal agency's share in accordance with subsection (f).
       ``(2) Recreational purpose.--A project funded under this 
     section is intended to enhance recreational opportunity and 
     is not subject to section 138 of this title or section 303 of 
     title 49.
       ``(3) Continuing recreational use.--At the option of each 
     State, funds made available under this section may be treated 
     as Land and Water Conservation Fund apportionments for the 
     purposes of section 6(f)(3) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
       ``(4) Cooperation by private persons.--
       ``(A) Written assurances.--As a condition of making 
     available apportionments for work on recreational trails that 
     would affect privately owned land, a State shall obtain 
     written assurances that the owner of the land will cooperate 
     with the State and participate as necessary in the activities 
     to be conducted.
       ``(B) Public access.--Any use of the apportionments to a 
     State under this section on privately owned land must be 
     accompanied by an easement or other legally binding agreement 
     that ensures public access to the recreational trail 
     improvements funded by the apportionments.
       ``(i) Apportionment.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State that meets the 
     requirements of subsection (c).
       ``(2) Apportionment.--Subject to subsection (j), for each 
     fiscal year, the Secretary shall apportion--
       ``(A) 50 percent of the amounts made available to carry out 
     this section equally among eligible States; and
       ``(B) 50 percent of the amounts made available to carry out 
     this section among eligible States in proportion to the 
     quantity of nonhighway recreational fuel used in each 
     eligible State during the preceding year.
       ``(j) Administrative Costs.--
       ``(1) In general.--Whenever an apportionment is made under 
     subsection (i) of the amounts made available to carry out 
     this section, the Secretary shall first deduct an amount, not 
     to exceed 1 percent of the authorized amounts, to pay the 
     costs to the Secretary for administration of, and research 
     authorized under, the program.
       ``(2) Use of contracts.--To carry out research funded under 
     paragraph (1), the Secretary may--
       ``(A) enter into contracts with for-profit organizations; 
     and
       ``(B) enter into contracts, partnerships, or cooperative 
     agreements with other government agencies, institutions of 
     higher learning, or nonprofit organizations.
       ``(k) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $17,000,000 for fiscal year 1998, 
     $20,000,000 for fiscal year 1999, $22,000,000 for fiscal year 
     2000, $23,000,000 for fiscal year 2001, $24,000,000 for 
     fiscal year 2002, and $25,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that the Federal share of the cost of a project under 
     this section shall be determined in accordance with this 
     section.''.
       (b) Conforming Amendments.--
       (1) The Intermodal Surface Transportation Efficiency Act of 
     1991 is amended by striking part B of title I (16 U.S.C. 1261 
     et seq.).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 206 
     and inserting the following:

``206. Recreational trails program.''.

     SEC. 1108. VALUE PRICING PILOT PROGRAM.

       (a) In General.--Section 1012(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 
     105 Stat. 1938) is amended--
       (1) in the subsection heading, by striking ``Congestion'' 
     and inserting ``Value''; and
       (2) in paragraph (1), by striking ``congestion'' each place 
     it appears and inserting ``value''.
       (b) Increased Number of Projects.--Section 1012(b)(1) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (23 U.S.C. 149 note; 105 Stat. 1938) is amended in the second 
     sentence by striking ``5'' and inserting ``15''.
       (c) Eligibility of Preimplementation Costs.-- Section 
     1012(b)(2) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) 
     is amended in the second sentence--
       (1) by inserting after ``Secretary shall fund'' the 
     following: ``all preimplementation costs and project design, 
     and''; and
       (2) by inserting after ``Secretary may not fund'' the 
     following: ``the implementation costs of''.
       (d) Tolling.--Section 1012(b)(4) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 
     105 Stat. 1938) is amended by striking ``a pilot program 
     under this section, but not on more than 3 of such programs'' 
     and inserting ``any value pricing pilot program under this 
     subsection''.
       (e) HOV Passenger Requirements.--Section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended by striking 
     paragraph (6) and inserting the following:
       ``(6) HOV passenger requirements.--Notwithstanding section 
     146(c) of title 23, United States Code, a State may permit 
     vehicles with fewer than 2 occupants to operate in high 
     occupancy vehicle lanes if the vehicles are part of a value 
     pricing pilot program under this subsection.''.
       (f) Funding.--Section 1012(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 
     105 Stat. 1938) is amended by adding at the end the 
     following:
       ``(7) Authorization of contract authority.--
       ``(A) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this subsection $8,000,000 for each of fiscal years 
     1998 through 2003.
       ``(B) Availability.--

[[Page S11102]]

       ``(i) In general.--Funds allocated by the Secretary to a 
     State under this subsection shall remain available for 
     obligation by the State for a period of 3 years after the 
     last day of the fiscal year for which the funds are 
     authorized.
       ``(ii) Use of unallocated funds.--If the total amount of 
     funds made available from the Highway Trust Fund under this 
     subsection but not allocated exceeds $8,000,000 as of 
     September 30 of any year, the excess amount--

       ``(I) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       ``(II) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       ``(III) shall be available for any purpose eligible for 
     funding under section 133 of that title.

       ``(C) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of any project under this subsection and the 
     availability of funds authorized by this paragraph shall 
     be determined in accordance with this subsection.''.
       (g) Conforming Amendments.--Section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended--
       (1) in paragraph (1), by striking ``projects'' each place 
     it appears and inserting ``programs''; and
       (2) in paragraph (5)--
       (A) by striking ``projects'' and inserting ``programs''; 
     and
       (B) by striking ``traffic, volume'' and inserting ``traffic 
     volume''.

     SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

       (a) In General.--Section 143 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 143. Highway use tax evasion projects

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

``143. Highway use tax evasion projects.''.

       (2) Section 1040 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) 
     is repealed.
       (3) Section 8002 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) 
     is amended--
       (A) in the first sentence of subsection (g), by striking 
     ``section 1040 of this Act'' and inserting ``section 143 of 
     title 23, United States Code,''; and
       (B) by striking subsection (h).

     SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

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

     SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

       (a) General Rule.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     made available for any program under titles I 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 subsection (a) and the 
     location of such concerns in the State and notify the 
     Secretary, in writing, of the percentage of such concerns

[[Page S11103]]

     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 30 percent of the average level 
     of such expenditures for the other 2 of the preceding 3 
     fiscal years.
       ``(3) Treatment.--
       ``(A) In general.--Use of the credit toward a non-Federal 
     share under paragraph (1) shall not expose the agencies from 
     which the credit is received to additional liability, 
     additional regulation, or additional administrative 
     oversight.
       ``(B) Chartered multistate agencies.--When credit is 
     applied from a chartered multistate agency under paragraph 
     (1), the credit shall be applied equally to all charter 
     States.
       ``(C) No additional standards.--A public, quasi-public, or 
     private agency from which the credit for which the non-
     Federal share is calculated under paragraph (1) shall not be 
     subject to any additional Federal design standards or laws 
     (including regulations) as a result of providing the credit 
     beyond the standards and laws to which the agency is already 
     subject.''.

     SEC. 1113. STUDIES AND REPORTS.

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

     SEC. 1114. DEFINITIONS.

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

     SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code 
     (as amended by section 1107(a)), is amended by inserting 
     after section 206 the following:

     ``Sec. 207. Cooperative Federal Lands Transportation Program

       ``(a) In General.--There is established the Cooperative 
     Federal Lands Transportation Program (referred to in this 
     section as the `program'). Funds available for the program 
     may be used for projects, or portions of projects, on 
     highways that are owned or maintained by States or political 
     subdivisions of States and that cross, are adjacent to, or 
     lead to federally owned land or Indian reservations 
     (including Army Corps of Engineers reservoirs), as determined 
     by the State. Such projects shall be proposed by a State and 
     selected by the Secretary. A project proposed by a State 
     under this section shall be on a highway or bridge owned or 
     maintained by the State, or 1 or more political subdivisions 
     of the State, and may be a highway or bridge construction or 
     maintenance project eligible under this title or any project 
     of a type described in section 204(h).
       ``(b) Distribution of Funds for Projects.--
       ``(1) In general.--
       ``(A) In general.--The Secretary--
       ``(i) after consultation with the Administrator of General 
     Services, the Secretary of the Interior, and other agencies 
     as appropriate (including the Army Corps of Engineers), shall 
     determine the percentage of the total land in each State that 
     is owned by the Federal Government or that is held by the 
     Federal Government in trust;
       ``(ii) shall determine the sum of the percentages 
     determined under clause (i) for States with respect to which 
     the percentage is 4.5 or greater; and
       ``(iii) shall determine for each State included in the 
     determination under clause (ii) the percentage obtained by 
     dividing--

       ``(I) the percentage for the State determined under clause 
     (i); by
       ``(II) the sum determined under clause (ii).

       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A)(iii) that is greater than 7.5 percent to 7.5 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i)

[[Page S11104]]

     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.I20  ``(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 available for obligation in the same 
     manner as if the funds were apportioned under chapter 1.''.
       (b) Conforming Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 207 and inserting the following:

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

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

       (a) Definitions.--In this section:
       (1) Border region.--The term ``border region'' means--
       (A) the region located within 60 miles of the United States 
     border with Mexico; and
       (B) the region located within 60 miles of the United States 
     border with Canada.
       (2) Border state.--The term ``border State'' means a State 
     of the United States that--
       (A) is located along the border with Mexico; or
       (B) is located along the border with Canada.
       (3) Border station.--The term ``border station'' means a 
     controlled port of entry into the United States located in 
     the United States at the border with Mexico or Canada, 
     consisting of land occupied by the station and the buildings, 
     roadways, and parking lots on the land.
       (4) Federal inspection agency.--The term ``Federal 
     inspection agency'' means a Federal agency responsible for 
     the enforcement of immigration laws (including regulations), 
     customs laws (including regulations), and agriculture import 
     restrictions, including the United States Customs Service, 
     the Immigration and Naturalization Service, the Animal and 
     Plant Health Inspection Service, the Food and Drug 
     Administration, the United States Fish and Wildlife Service, 
     and the Department of State.
       (5) Gateway.--The term ``gateway'' means a grouping of 
     border stations defined by proximity and similarity of trade.
       (6) Non-federal governmental jurisdiction.--The term ``non-
     Federal governmental jurisdiction'' means a regional, State, 
     or local authority involved in the planning, development, 
     provision, or funding of transportation infrastructure needs.
       (b) Border Crossing Planning Incentive Grants.--
       (1) In general.--The Secretary shall make incentive grants 
     to States and to metropolitan planning organizations 
     designated under section 134 of title 23, United States Code.
       (2) Use of grants.--The grants shall be used to encourage 
     joint transportation planning activities and to improve 
     people and vehicle movement into and through international 
     gateways as a supplement to statewide and metropolitan 
     transportation planning funding made available under other 
     provisions of this Act and under title 23, United States 
     Code.
       (3) Condition of grants.--As a condition of receiving a 
     grant under paragraph (1), a State transportation department 
     or a metropolitan planning organization shall certify to the 
     Secretary that it commits to be engaged in joint planning 
     with its counterpart agency in Mexico or Canada.
       (4) Limitation on amount.--Each State transportation 
     department or metropolitan planning organization may receive 
     not more than $100,000 under this subsection for any fiscal 
     year.
       (5) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $1,400,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (c) Trade Corridor Planning Incentive Grants.--
       (1) Grants.--
       (A) In general.--The Secretary shall make grants to States 
     to encourage, within the framework of the statewide 
     transportation planning process of the State under section 
     135 of title 23, United States Code, cooperative multistate 
     corridor analysis of, and planning for, the safe and 
     efficient movement of goods along and within international or 
     interstate trade corridors of national importance.
       (B) Identification of corridors.--Each corridor referred to 
     in subparagraph (A) shall be cooperatively identified by the 
     States along the corridor.
       (2) Corridor plans.--
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), a State shall enter into an agreement with the 
     Secretary that specifies that, in cooperation with the other 
     States along the corridor, the State will submit a plan for 
     corridor improvements to the Secretary not later than 2 years 
     after receipt of the grant.
       (B) Coordination of planning.--Planning with respect to a 
     corridor under this subsection shall be coordinated with 
     transportation planning being carried out by the States and 
     metropolitan planning organizations along the corridor and, 
     to the extent appropriate, with transportation planning being 
     carried out by Federal land management agencies, by tribal 
     governments, or by government agencies in Mexico or Canada.
       (3) Multistate agreements for trade corridor planning.--The 
     consent of Congress is granted to any 2 or more States--
       (A) to enter into multistate agreements, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of interstate trade corridor 
     planning activities; and
       (B) to establish such agencies, joint or otherwise, as the 
     States may determine desirable to make the agreements 
     effective.
       (4) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $3,000,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (d) Federal Assistance for Trade Corridors and Border 
     Infrastructure Safety and Congestion Relief.--
       (1) Applications for grants.--The Secretary shall make 
     grants to States or metropolitan planning organizations that 
     submit an application that--
       (A) demonstrates need for assistance in carrying out 
     transportation projects that are necessary to relieve traffic 
     congestion or improve enforcement of motor carrier safety 
     laws; and
       (B) includes strategies to involve both the public and 
     private sectors in the proposed project.
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--In selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under this subsection, the Secretary shall 
     consider--
       (A) the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of each State as compared 
     to the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of all States;
       (B) the extent to which commercial vehicle traffic in each 
     State has grown since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182) as compared to the extent to which that traffic has 
     grown in each other State;
       (C) the extent of border transportation improvements 
     carried out by each State since the date of enactment of that 
     Act;

[[Page S11105]]

       (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;
       (H) the extent to which the innovative and problem solving 
     techniques of the proposed project would be applicable to 
     other border stations or ports of entry;
       (I) demonstrated local commitment to implement and sustain 
     continuing comprehensive border planning processes and 
     improvement programs; and
       (J) other factors to promote transport efficiency and 
     safety, as determined by the Secretary.
       (3) Use of grants.--
       (A) In general.--A grant under this subsection shall be 
     used to develop project plans, and implement coordinated and 
     comprehensive programs of projects, to improve efficiency and 
     safety.
       (B) Type of plans and programs.--The plans and programs may 
     include--
       (i) improvements to transport and supporting 
     infrastructure;
       (ii) improvements in operational strategies, including 
     electronic data interchange and use of telecommunications to 
     expedite vehicle and cargo movement;
       (iii) modifications to regulatory procedures to expedite 
     vehicle and cargo flow;
       (iv) new infrastructure construction;
       (v) purchase, installation, and maintenance of weigh-in-
     motion devices and associated electronic equipment in Mexico 
     or Canada if real time data from the devices is provided to 
     the nearest border station and to State commercial vehicle 
     enforcement facilities that serve the border station; and
       (vi) other institutional improvements, such as coordination 
     of binational planning, programming, and border operation, 
     with special emphasis on coordination with--

       (I) Federal inspection agencies; and
       (II) their counterpart agencies in Mexico and Canada.

       (4) Construction of transportation infrastructure for law 
     enforcement purposes.--At the request of the Administrator of 
     General Services, in consultation with the Attorney General, 
     the Secretary may transfer, during the period of fiscal years 
     1998 through 2001, not more than $10,000,000 of the amounts 
     made available under paragraph (5) to the Administrator of 
     General Services for the construction of transportation 
     infrastructure necessary for law enforcement in border 
     States.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $125,000,000 
     for each of fiscal years 1998 through 2003.
       (e) Coordination of Planning.--
       (1) Planning and development of border stations.--The 
     General Services Administration shall be the coordinating 
     Federal agency in the planning and development of new or 
     expanded border stations.
       (2) Cooperative activities.--In carrying out paragraph (1), 
     the Administrator of General Services shall cooperate with 
     Federal inspection agencies and non-Federal governmental 
     jurisdictions to ensure that--
       (A) improvements to border station facilities take into 
     account regional and local conditions, including the 
     alignment of highway systems and connecting roadways; and
       (B) all facility requirements, associated costs, and 
     economic impacts are identified.
       (f) Cost Sharing.--A grant under this section shall be used 
     to pay the Federal share of the cost of a project. The 
     Federal share shall not exceed 80 percent.
       (g) Use of Unallocated Funds.--If the total amount of funds 
     made available from the Highway Trust Fund under this section 
     but not allocated exceeds $4,000,000 as of September 30 of 
     any year, the excess amount--
       (1) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       (2) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       (3) shall be available for any purpose eligible for funding 
     under section 133 of that title.

     SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

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

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

       (a) In General.--Section 104 of title 23, United States 
     Code (as amended by section 1113(c)(1)), is amended by 
     inserting after subsection (j) the following:
       ``(k) Set-Aside for Interstate 4R and Bridge Projects.--
       ``(1) In general.--For each of fiscal years 1998 through 
     2003, before any apportionment is made under subsection 
     (b)(1), the Secretary shall set aside $70,000,000 from 
     amounts to be apportioned under subsection (b)(1)(A), and 
     $70,000,000 from amounts to be apportioned under subsection 
     (b)(1)(B), for allocation by the Secretary--
       ``(A) for projects for resurfacing, restoring, 
     rehabilitating, or reconstructing any route or portion of a 
     route on the Interstate System (other than any highway 
     designated as a part of the Interstate System under section 
     103(c)(4) and any toll road on the Interstate System that is 
     not subject to an agreement under section 119(e) (as in 
     effect on December 17, 1991) or an agreement under section 
     129(a));
       ``(B) for projects for a highway bridge the replacement, 
     rehabilitation, or seismic retrofit cost of which is more 
     than $10,000,000; and
       ``(C) for projects for a highway bridge the replacement, 
     rehabilitation, or seismic retrofit cost of which is less 
     than $10,000,000 if the cost is at least twice the amount 
     reserved under section 144(c) by the State in which the 
     bridge is located for the fiscal year in which application is 
     made for an allocation for the bridge under this subsection.
       ``(2) Required allocation.--
       ``(A) In general.--Subject to subparagraph (B), for each of 
     fiscal years 1998 through 2003, the Secretary shall allocate 
     on October 1, for use for highway bridge projects, at least 
     $20,000,000 of the amounts set aside under paragraph (1) to 
     any State that--
       ``(i) is apportioned for fiscal year 1998 under paragraphs 
     (1)(B), (1)(C)(i)(III), and (3)(A)(iii) of subsection (b) an 
     amount that is less than the amount apportioned to the State 
     for the highway bridge replacement and rehabilitation program 
     under section 144 for fiscal year 1997; and
       ``(ii) was apportioned for that program for fiscal year 
     1997 an amount greater than $125,000,000.
       ``(B) Exception.--A State that transferred funds from the 
     highway bridge replacement and rehabilitation program during 
     any of fiscal years 1995 through 1997 in an amount greater 
     than 10 percent of the apportionments for that program for 
     the fiscal year shall not be eligible for an allocation under 
     subparagraph (A).
       ``(C) Additional allocation.--An allocation to a State 
     under subparagraph (A) shall be in addition to any allocation 
     to the State under paragraph (1).
       ``(3) Availability to states of interstate 4r funds.--The 
     Secretary may grant the application of a State for funds made 
     available for a fiscal year for a project described in 
     paragraph (1)(A) if the Secretary determines that--
       ``(A) the State has obligated or demonstrates that it will 
     obligate for the fiscal year all of the apportionments to the 
     State

[[Page S11106]]

     under subparagraphs (A) and (B) of subsection (b)(1) other 
     than an amount that, by itself, is insufficient to pay the 
     Federal share of the cost of a project described in paragraph 
     (1)(A) that has been submitted by the State to the Secretary 
     for approval; and
       ``(B) the State is willing and able to--
       ``(i) obligate the funds within 1 year after the date on 
     which the funds are made available;
       ``(ii) apply the funds to a project that is ready to be 
     commenced; and
       ``(iii) in the case of construction work, begin work within 
     90 days after the date of obligation of the funds.
       ``(4) Eligibility of certain bridges.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, any bridge that is owned and operated by an agency that 
     does not have taxing powers and whose functions include 
     operating a federally assisted public transit system 
     subsidized by toll revenues shall be eligible for assistance 
     under this subsection.
       ``(B) Limitation.--The amount of assistance under 
     subparagraph (A) shall not exceed the cumulative amount that 
     the agency has expended for capital and operating costs to 
     subsidize the transit system.
       ``(C) Determination by the secretary.--Before authorizing 
     an expenditure of funds under this paragraph, the Secretary 
     shall make a determination that the applicant agency has 
     insufficient reserves, surpluses, and projected revenues 
     (over and above those required for bridge and transit capital 
     and operating costs) to fund the necessary bridge 
     replacement, seismic retrofitting, or rehabilitation project.
       ``(D) Crediting of non-federal funds.--Any non-Federal 
     funds expended for the seismic retrofit of the bridge may be 
     credited toward the non-Federal share required as a condition 
     of receipt of any Federal funds for seismic retrofit of the 
     bridge made available after the date of expenditure.
       ``(5) Period of availability of discretionary funds.--
     Amounts made available under this subsection shall remain 
     available until expended.''.
       (b) Conforming Amendment.--Section 118 of title 23, United 
     States Code, is amended by striking subsection (c).

     SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY 
                   DEPLOYMENT PROGRAM.

       (a) In General.--Chapter 3 of title 23, United States Code, 
     is amended by inserting after section 321 the following:

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

       ``(a) Definitions.--In this section:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means the capital cost of the fixed guideway 
     infrastructure of a MAGLEV project, including land, piers, 
     guideways, propulsion equipment and other components attached 
     to guideways, power distribution facilities (including 
     substations), control and communications facilities, access 
     roads, and storage, repair, and maintenance facilities, but 
     not including costs incurred for a new station.
       ``(2) Full project costs.--The term `full project costs' 
     means the total capital costs of a MAGLEV project, including 
     eligible project costs and the costs of stations, vehicles, 
     and equipment.
       ``(3) MAGLEV.--The term `MAGLEV' means transportation 
     systems employing magnetic levitation that would be capable 
     of safe use by the public at a speed in excess of 240 miles 
     per hour.
       ``(4) Partnership potential.--The term `partnership 
     potential' has the meaning given the term in the commercial 
     feasibility study of high-speed ground transportation 
     conducted under section 1036 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 1978).
       ``(b) Assistance.--
       ``(1) In general.--The Secretary shall make available 
     financial assistance to provide the Federal share of full 
     project costs of eligible projects selected under this 
     section.
       ``(2) Federal share.--The Federal share of full project 
     costs under paragraph (1) shall be not more than \2/3\.
       ``(3) Use of assistance.--Financial assistance provided 
     under paragraph (1) shall be used only to pay eligible 
     project costs of projects selected under this section.
       ``(c) Solicitation of Applications for Assistance.--Not 
     later than 180 days after the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997, the 
     Secretary shall solicit applications from States, or 
     authorities designated by 1 or more States, for financial 
     assistance authorized by subsection (b) for planning, design, 
     and construction of eligible MAGLEV projects.
       ``(d) Project Eligibility.--To be eligible to receive 
     financial assistance under subsection (b), a project shall--
       ``(1) involve a segment or segments of a high-speed ground 
     transportation corridor that exhibit partnership potential;
       ``(2) require an amount of Federal funds for project 
     financing that will not exceed the sum of--
       ``(A) the amounts made available under subsection 
     (h)(1)(A); and
       ``(B) the amounts made available by States under subsection 
     (h)(4);
       ``(3) result in an operating transportation facility that 
     provides a revenue producing service;
       ``(4) be undertaken through a public and private 
     partnership, with at least \1/3\ of full project costs paid 
     using non-Federal funds;
       ``(5) satisfy applicable statewide and metropolitan 
     planning requirements;
       ``(6) be approved by the Secretary based on an application 
     submitted to the Secretary by a State or authority designated 
     by 1 or more States;
       ``(7) to the extent that non-United States MAGLEV 
     technology is used within the United States, be carried out 
     as a technology transfer project; and
       ``(8) be carried out using materials at least 70 percent of 
     which are manufactured in the United States.
       ``(e) Project Selection Criteria.--Prior to soliciting 
     applications, the Secretary shall establish criteria for 
     selecting which eligible projects under subsection (d) will 
     receive financial assistance under subsection (b). The 
     criteria shall include the extent to which--
       ``(1) a project is nationally significant, including the 
     extent to which the project will demonstrate the feasibility 
     of deployment of MAGLEV technology throughout the United 
     States;
       ``(2) timely implementation of the project will reduce 
     congestion in other modes of transportation and reduce the 
     need for additional highway or airport construction;
       ``(3) States, regions, and localities financially 
     contribute to the project;
       ``(4) implementation of the project will create new jobs in 
     traditional and emerging industries;
       ``(5) the project will augment MAGLEV networks identified 
     as having partnership potential;
       ``(6) financial assistance would foster public and private 
     partnerships for infrastructure development and attract 
     private debt or equity investment;
       ``(7) financial assistance would foster the timely 
     implementation of a project; and
       ``(8) life-cycle costs in design and engineering are 
     considered and enhanced.
       ``(f) Project Selection.--Not later than 90 days after a 
     deadline established by the Secretary for the receipt of 
     applications, the Secretary shall evaluate the eligible 
     projects in accordance with the selection criteria and select 
     1 eligible project for financial assistance.
       ``(g) Joint Ventures.--A project undertaken by a joint 
     venture of United States and non-United States persons 
     (including a project involving the deployment of non-United 
     States MAGLEV technology in the United States) shall be 
     eligible for financial assistance under this section if the 
     project is eligible under subsection (d) and selected under 
     subsection (f).
       ``(h) Funding.--
       ``(1) In general.--
       ``(A) Authorization of contract authority.--
       ``(i) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $10,000,000 for fiscal year 1999 and 
     $20,000,000 for fiscal year 2000.
       ``(ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--

       ``(I) the Federal share of the cost of a project carried 
     out under this section shall be determined in accordance with 
     subsection (b); and
       ``(II) the availability of the funds shall be determined in 
     accordance with paragraph (2).

       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) to carry out this 
     section $200,000,000 for each of fiscal years 2000 and 2001, 
     $250,000,000 for fiscal year 2002, and $300,000,000 for 
     fiscal year 2003.
       ``(2) Availability of funds.--Funds made available under 
     paragraph (1) shall remain available until expended.
       ``(3) Other federal funds.--Notwithstanding any other 
     provision of law, funds made available to a State to carry 
     out the surface transportation program under section 133 and 
     the congestion mitigation and air quality improvement program 
     under section 149 may be used by the State to pay a portion 
     of the full project costs of an eligible project selected 
     under this section, without requirement for non-Federal 
     funds.
       ``(4) Other assistance.--Notwithstanding any other 
     provision of law, an eligible project selected under this 
     section shall be eligible for other forms of financial 
     assistance provided under this title and the Transportation 
     Infrastructure Finance and Innovation Act of 1997, including 
     loans, loan guarantees, and lines of credit.''.
       (b) Conforming Amendment.--The analysis for chapter 3 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 321 the following:

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

     SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

       (a) Definitions.--Section 404 of the Woodrow Wilson 
     Memorial Bridge Authority Act of 1995 (109 Stat. 628) is 
     amended--
       (1) in paragraph (3), by striking ``, including approaches 
     thereto''; and
       (2) in paragraph (5), by striking ``to be determined under 
     section 407. Such'' and all that follows and inserting the 
     following: ``as described in the record of decision executed 
     by the Secretary in compliance with the National 
     Environmental Policy Act of 1969 (42

[[Page S11107]]

     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;
       ``(B) the Federal share of the cost of the Bridge component 
     of the Project shall not exceed 100 percent; and
       ``(C) the Federal share of the cost of any other component 
     of the Project shall not exceed 80 percent.
       ``(b) Use of Apportioned Funds.--Nothing in this title 
     limits the authority of any Capital Region jurisdiction to 
     use funds apportioned to the jurisdiction under paragraph (1) 
     or (3) of section 104(b) of title 23, United States Code, in 
     accordance with the requirements for such funds, to pay any 
     costs of the Project.
       ``(c) Availability of Apportioned Funds.--None of the funds 
     made available under this section shall be available before 
     the execution of the agreement described in section 407(c), 
     except that the Secretary may fund the maintenance and 
     rehabilitation of the Bridge and the design of the 
     Project.''.
       (d) Conforming Amendment.--Section 405(b)(1) of the Woodrow 
     Wilson Memorial Bridge Authority Act of 1995 (109 Stat. 629) 
     is amended by striking ``the Signatories as to the Federal 
     share of the cost of the Project and the terms and conditions 
     related to the timing of the transfer of the Bridge to''.

     SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

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

     SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.

       (a) In General.--Section 144 of title 23, United States 
     Code, is amended--
       (1) in the section heading, by striking ``program'';
       (2) by striking subsections (a) through (n), (p), and (q);
       (3) by inserting after the section heading the following:
       ``(a) Definition of Rehabilitate.--In this section, the 
     term `rehabilitate' (in any of its forms), with respect to a 
     bridge, means to carry out major work necessary--
       ``(1) to address the structural deficiencies, functional 
     obsolescence, or physical deterioration of the bridge; or
       ``(2) to correct a major safety defect of the bridge, 
     including seismic retrofitting.
       ``(b) Bridge Inventory.--
       ``(1) In general.--In consultation with the States, the 
     Secretary shall--
       ``(A) annually inventory all highway bridges on public 
     roads that cross waterways, other topographical barriers, 
     other highways, and railroads;
       ``(B) classify each such bridge according to 
     serviceability, safety, and essentiality for public use; and
       ``(C) assign each such bridge a priority for replacement or 
     rehabilitation based on the classification under subparagraph 
     (B).
       ``(2) Consultation.--In preparing an inventory of highway 
     bridges on Indian reservation roads and park roads under 
     paragraph (1), the Secretary shall consult with the Secretary 
     of the Interior and the States.
       ``(3) Inventory of historical bridges.--At the request of a 
     State, the Secretary may inventory highway bridges on public 
     roads for historical significance.
       ``(c) Certification by the State.--Not later than 180 days 
     after the end of each fiscal year beginning with fiscal year 
     1998, each State shall certify to the Secretary, either 
     that--
       ``(1) the State has reserved, from funds apportioned to the 
     State for the preceding fiscal year, to carry out bridge 
     projects eligible under sections 103(b)(5), 119, and 133(b), 
     an amount that is not less than the amount apportioned to the 
     State under this section for fiscal year 1997; or
       ``(2) the amount that the State will reserve, from funds 
     apportioned to the State for the period consisting of fiscal 
     years 1998 through 2001, to carry out bridge projects 
     eligible under sections 103(b)(5), 119, and 133(b), will be 
     not less than 4 times the amount apportioned to the State 
     under this section for fiscal year 1997.
       ``(d) Use of Reserved Funds.--A State may use funds 
     reserved under subsection (c) to replace, rehabilitate, 
     reconstruct, seismically retrofit, paint, apply calcium 
     magnesium acetate to, apply sodium acetate/formate deicer to, 
     or install scour countermeasures on a highway bridge on a 
     public road that crosses a waterway, other topographical 
     barrier, other highway, or railroad.
       ``(e) Off-System Bridges.--
       ``(1) Required expenditure.--For each fiscal year, an 
     amount equal to not less than 15 percent of the amount 
     apportioned to a State under this section for fiscal year 
     1997 shall be expended by the State for projects to replace, 
     rehabilitate, reconstruct, seismically retrofit, paint, apply 
     calcium magnesium acetate to, apply sodium acetate/formate 
     deicer to, or install scour countermeasures on highway 
     bridges located on public roads that are functionally 
     classified as local roads or rural minor collectors.
       ``(2) Use of funds to meet required expenditure.--Funds 
     reserved under subsection (c) and funds made available under 
     section 104(b)(1) for the National Highway System or under 
     section 104(b)(3) for the surface transportation program may 
     be used to meet the requirement for expenditure under 
     paragraph (1).
       ``(3) Reduction of required expenditure.--After 
     consultation with local and State officials in a State, the 
     Secretary may, with respect to the State, reduce the 
     requirement for expenditure under paragraph (1) if the 
     Secretary determines that the State has inadequate needs to 
     justify the expenditure.
       ``(f) Federal Share.--The Federal share of the cost of a 
     project under this section shall be as determined under 
     section 120(b).
       ``(g) Bridge Permit Exemption.--
       ``(1) In general.--Subject to paragraph (2), 
     notwithstanding any other provision of law, the General 
     Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to 
     each bridge authorized to be replaced, in whole or in part, 
     under this section.
       ``(2) Exception.--Section 502(b) of the General Bridge Act 
     of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 
     3, 1899 (30 Stat. 1151, chapter 425; 33 U.S.C. 401), shall 
     not apply to any bridge constructed, reconstructed, 
     rehabilitated, or replaced with assistance under this title 
     if the bridge is over waters that are--
       ``(A) not used and not susceptible to use in their natural 
     condition or by reasonable improvement as a means to 
     transport interstate or foreign commerce; and
       ``(B)(i) not tidal; or
       ``(ii) tidal but used only by recreational boating, 
     fishing, and other small vessels that are less than 21 feet 
     in length.
       ``(h) Indian Reservation Road Bridges.--
       ``(1) Nationwide priority program.--The Secretary shall 
     establish a nationwide priority program for improving 
     deficient Indian reservation road bridges.
       ``(2) Reservation of funds.--
       ``(A) In general.--Of the amounts authorized for Indian 
     reservation roads for each fiscal year, the Secretary, in 
     cooperation with the Secretary of the Interior, shall reserve 
     not less than $9,000,000 for projects to replace, 
     rehabilitate, seismically retrofit, paint, apply calcium 
     magnesium acetate to, apply sodium acetate/formate deicer to, 
     or install scour countermeasures for deficient Indian 
     reservation road bridges, including multiple-pipe culverts.
       ``(B) Eligible bridges.--To be eligible to receive funding 
     under this subsection, a bridge described in subparagraph (A) 
     must--
       ``(i) have an opening of 20 feet or more;
       ``(ii) be on an Indian reservation road;
       ``(iii) be unsafe because of structural deficiencies, 
     physical deterioration, or functional obsolescence; and
       ``(iv) be recorded in the national bridge inventory 
     administered by the Secretary under subsection (b).
       ``(3) Approval requirement.--Funds to carry out Indian 
     reservation road bridge

[[Page S11108]]

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

     SEC. 1124. SAFETY BELT USE LAW REQUIREMENTS.

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

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

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

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

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

     SEC. 1127. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

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

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1201. ADMINISTRATIVE EXPENSES.

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

[[Page S11109]]

     SEC. 1202. REAL PROPERTY ACQUISITION AND CORRIDOR 
                   PRESERVATION.

       (a) Advance Acquisition of Real Property.--Section 108 of 
     title 23, United States Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

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

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

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

     SEC. 1203. AVAILABILITY OF FUNDS.

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

     SEC. 1204. PAYMENTS TO STATES FOR CONSTRUCTION.

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

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

       (a) In General.--Section 156 of title 23, United States 
     Code, is amended to read as follows:

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

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

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

     SEC. 1206. METRIC CONVERSION AT STATE OPTION.

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

     SEC. 1207. REPORT ON OBLIGATIONS.

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

     SEC. 1208. TERMINATIONS.

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

     SEC. 1209. INTERSTATE MAINTENANCE.

       (a) Interstate Funds.--Section 119 of title 23, United 
     States Code, is amended--
       (1) in subsection (a), by striking the second sentence;
       (2) by striking subsection (d); and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Transferability of Funds.--
       ``(1) Unconditional.--A State may transfer an amount not to 
     exceed 30 percent of the sums apportioned to the State under 
     subparagraphs (A) and (B) of section 104(b)(1) to the 
     apportionment of the State under paragraphs (1)(C) and (3) of 
     section 104(b).
       ``(2) Upon acceptance of certification.--If a State 
     certifies to the Secretary that any part of the sums 
     apportioned to the State under subparagraphs (A) and (B) of 
     section 104(b)(1) is in excess of the needs of the State for 
     resurfacing, restoring, rehabilitating, or reconstructing 
     routes and bridges on the Interstate System in the State and 
     that the State is adequately maintaining the routes and 
     bridges, and the Secretary accepts the

[[Page S11110]]

     certification, the State may transfer, in addition to the 
     amount authorized to be transferred under paragraph (1), an 
     amount not to exceed 20 percent of the sums apportioned to 
     the State under subparagraphs (A) and (B) of section 
     104(b)(1) to the apportionment of the State under paragraphs 
     (1)(C) and (3) of section 104(b).''.
       (b) Eligibility.--Section 119 of title 23, United States 
     Code, is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``and rehabilitating'' and inserting ``, rehabilitating, and 
     reconstructing'';
       (2) by striking subsections (b), (c), (e), and (g);
       (3) by inserting after subsection (a) the following:
       ``(b) Eligible Activities.--
       ``(1) In general.--A State--
       ``(A) may use funds apportioned under subparagraph (A) or 
     (B) of section 104(b)(1) for resurfacing, restoring, 
     rehabilitating, and reconstructing routes on the Interstate 
     System, including--
       ``(i) resurfacing, restoring, rehabilitating, and 
     reconstructing bridges, interchanges, and overcrossings;
       ``(ii) acquiring rights-of-way; and
       ``(iii) intelligent transportation system capital 
     improvements that are infrastructure-based to the extent that 
     they improve the performance of the Interstate System; but
       ``(B) may not use the funds for construction of new travel 
     lanes other than high-occupancy vehicle lanes or auxiliary 
     lanes.
       ``(2) Expansion of capacity.--
       ``(A) Using transferred funds.--Notwithstanding paragraph 
     (1), funds transferred under subsection (c)(1) may be used 
     for construction to provide for expansion of the capacity of 
     an Interstate System highway (including a bridge).
       ``(B) Using funds not transferred.--
       ``(i) In general.--In lieu of transferring funds under 
     subsection (c)(1) and using the transferred funds for the 
     purpose described in subparagraph (A), a State may use an 
     amount of the sums apportioned to the State under 
     subparagraph (A) or (B) of section 104(b)(1) for the purpose 
     described in subparagraph (A).
       ``(ii) Limitation.--The sum of the amount used under clause 
     (i) and any amount transferred under subsection (c)(1) by a 
     State may not exceed 30 percent of the sums apportioned to 
     the State under subparagraphs (A) and (B) of section 
     104(b)(1).''; and
       (4) by redesignating subsection (f) as subsection (c).
       (c) Conforming Amendments.--
       (1) Section 119(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``; except that the 
     Secretary may only approve a project pursuant to this 
     subsection on a toll road if such road is subject to a 
     Secretarial agreement provided for in subsection (e)''.
       (2) Section 1009(c)(2) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 119 note; 
     105 Stat. 1934) is amended by striking ``section 119(f)(1)'' 
     and inserting ``section 119(c)(1)''.

                      CHAPTER 2--PROJECT APPROVAL

     SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

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

     SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.

       (a) In General.--Section 106 of title 23, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 106. Project approval and oversight'';

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

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

     SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

       (a) Transportation Enhancement Activities.--Section 133 of 
     title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (2), by striking ``10'' and inserting 
     ``8''; and
       (B) in the first sentence of paragraph (3)(A), by striking 
     ``80'' and inserting ``82''; and
       (2) in subsection (e)--
       (A) in paragraph (3)(B)(i), by striking ``if the 
     Secretary'' and all that follows through ``activities''; and
       (B) in paragraph (5), by adding at the end the following:
       ``(C) Innovative financing.--
       ``(i) In general.--For each fiscal year, the average annual 
     non-Federal share of the

[[Page S11111]]

     total cost of all projects to carry out transportation 
     enhancement activities in a State shall be not less than the 
     non-Federal share authorized for the State under section 
     120(b).
       ``(ii) Exception.--Subject to clause (i), notwithstanding 
     section 120, in the case of projects to carry out 
     transportation enhancement activities--

       ``(I) funds from other Federal agencies, and other 
     contributions that the Secretary determines are of value, may 
     be credited toward the non-Federal share of project costs;
       ``(II) the non-Federal share may be calculated on a 
     project, multiple-project, or program basis; and
       ``(III) the Federal share of the cost of an individual 
     project subject to subclause (I) or (II) may be equal to 100 
     percent.''.

       (b) Program Approval.--Section 133(e) of title 23, United 
     States Code, is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Program approval.--
       ``(A) Submission of project agreement.--For each fiscal 
     year, each State shall submit a project agreement that--
       ``(i) certifies that the State will meet all the 
     requirements of this section; and
       ``(ii) notifies the Secretary of the amount of obligations 
     needed to carry out the program under this section.
       ``(B) Request for adjustments of amounts.--As necessary, 
     each State shall request from the Secretary adjustments to 
     the amount of obligations referred to in subparagraph 
     (A)(ii).
       ``(C) Effect of approval by the secretary.--Approval by the 
     Secretary of a project agreement under subparagraph (A) shall 
     be deemed a contractual obligation of the United States to 
     pay surface transportation program funds made available under 
     this title.''.
       (c) Payments.--Section 133(e)(3)(A) of title 23, United 
     States Code, is amended by striking the second sentence.

     SEC. 1224. DESIGN-BUILD CONTRACTING.

       (a) Authority.--Section 112(b) of title 23, United States 
     Code, is amended--
       (1) in the first sentence of paragraph (1), by striking 
     ``paragraph (2)'' and inserting ``paragraphs (2) and (3)'';
       (2) in paragraph (2)(A), by striking ``Each'' and inserting 
     ``Subject to paragraph (3), each''; and
       (3) by adding at the end the following:
       ``(3) Design-build contracting.--
       ``(A) In general.--A State transportation department may 
     award a contract for the design and construction of a 
     qualified project described in subparagraph (B) using 
     competitive selection procedures approved by the Secretary.
       ``(B) Qualified projects.--A qualified project referred to 
     in subparagraph (A) is a project under this chapter that 
     involves installation of an intelligent transportation system 
     or that consists of a usable project segment and for which--
       ``(i) the Secretary has approved the use of design-build 
     contracting described in subparagraph (A) under criteria 
     specified in regulations promulgated by the Secretary; and
       ``(ii) the total costs are estimated to exceed--

       ``(I) in the case of a project that involves installation 
     of an intelligent transportation system, $5,000,000; and
       ``(II) in the case of a usable project segment, 
     $50,000,000.''.

       (b) Competitive Bidding Defined.--Section 112 of title 23, 
     United States Code, is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Competitive Bidding Defined.--In this section, the 
     term `competitive bidding' means the procedures used to award 
     contracts for engineering and design services under 
     subsection (b)(2) and design-build contracts under subsection 
     (b)(3).''.
       (c) Regulations.--
       (1) In general.--Not later than the effective date 
     specified in subsection (e), the Secretary shall promulgate 
     regulations to carry out the amendments made by this section.
       (2) Contents.--The regulations shall--
       (A) identify the criteria to be used by the Secretary in 
     approving the use by a State transportation department of 
     design-build contracting; and
       (B) establish the procedures to be followed by a State 
     transportation department for obtaining the Secretary's 
     approval of the use of design-build contracting by the 
     department and the selection procedures used by the 
     department.
       (d) Effect on Experimental Program.--Nothing in this 
     section or the amendments made by this section affects the 
     authority to carry out, or any project carried out under, any 
     experimental program concerning design-build contracting that 
     is being carried out by the Secretary as of the date of 
     enactment of this Act.
       (e) Effective Date for Amendments.--The amendments made by 
     this section take effect 2 years after the date of enactment 
     of this Act.

     SEC. 1225. INTEGRATED DECISIONMAKING PROCESS.

       (a) In General.--Subchapter III of chapter 3 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 354. Integrated decisionmaking process

       ``(a) Definitions.--In this section:
       ``(1) Integrated decisionmaking process.--The term 
     `integrated decisionmaking process' means the integrated 
     decisionmaking process established with respect to a surface 
     transportation project under subsection (b).
       ``(2) NEPA process.--The term `NEPA process' means the 
     process of complying with the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to a surface transportation project.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(4) Surface transportation project.--The term `surface 
     transportation project' means--
       ``(A) a highway construction project that is subject to the 
     approval of the Secretary under title 23; and
       ``(B) a capital project (as defined in section 5302(a)(1)).
       ``(b) Establishment of Integrated Decisionmaking Processes 
     for Surface Transportation Projects.--The Secretary shall--
       ``(1) establish an integrated decisionmaking process for 
     surface transportation projects that designates major 
     decision points likely to have significant environmental 
     effects and conflicts; and
       ``(2) integrate the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with the requirements established by the Secretary for 
     transportation planning and decisionmaking.
       ``(c) Integrated Decisionmaking Goals.--The integrated 
     decisionmaking process for surface transportation projects 
     should, to the maximum extent practicable, accomplish the 
     following major goals:
       ``(1) Integrate the NEPA process with the planning, 
     predesign stage, and decisionmaking for surface 
     transportation projects at the earliest possible time.
       ``(2) Integrate all applicable Federal, State, tribal, and 
     local permitting requirements.
       ``(3) Integrate national transportation, social, safety, 
     economic, and environmental goals with State, tribal, and 
     local land use and growth management initiatives.
       ``(4) Consolidate Federal, State, tribal, and local 
     decisionmaking to achieve the best overall public interest 
     according to an agreed schedule.
       ``(d) Streamlining.--
       ``(1) Avoidance of delays, prevention of conflicts, and 
     elimination of unnecessary duplication.--The Secretary shall 
     design the integrated decisionmaking process to avoid delays 
     in decisionmaking, prevent conflicts between cooperating 
     agencies and members of the public, and eliminate unnecessary 
     duplication of review and decisionmaking relating to surface 
     transportation projects.
       ``(2) Integration; comprehensive process.--The NEPA 
     process--
       ``(A) shall be integrated with the transportation planning 
     and decisionmaking of the Federal, State, tribal, and local 
     transportation agencies; and
       ``(B) serve as a comprehensive decisionmaking process.
       ``(3) Other requirements.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a concurrent transportation and 
     environmental coordination process to reduce paperwork, 
     combine review documents, and eliminate duplicative reviews;
       ``(ii) develop interagency agreements to streamline and 
     improve interagency coordination and processing time;
       ``(iii) apply strategic and programmatic approaches to 
     better integrate and expedite the NEPA process and 
     transportation decisionmaking; and
       ``(iv) ensure, in appropriate cases, by conducting 
     concurrent reviews whenever possible, that any analyses and 
     reviews conducted by the Secretary consider the needs of 
     other reviewing agencies.
       ``(B) Time schedules.--To comply with subparagraph (A)(ii), 
     time schedules shall be consistent with sections 1501.8 and 
     1506.10 of title 40, Code of Federal Regulations (or any 
     successor regulations).
       ``(4) Concurrent processing.--
       ``(A) In general.--The integrated decisionmaking process 
     shall, to the extent practicable, include a procedure to 
     provide for concurrent (rather than sequential) processing of 
     all Federal, State, tribal, and local reviews and decisions 
     emanating from those reviews.
       ``(B) Inconsistency with other requirements.--Subparagraph 
     (A) does not require concurrent review if concurrent review 
     would be inconsistent with other statutory or regulatory 
     requirements.
       ``(e) Interagency Cooperation.--
       ``(1) Lead and cooperating agency concepts.--The lead and 
     cooperating agency concepts of section 1501 of title 40, Code 
     of Federal Regulations (or any successor regulation), shall 
     be considered essential elements to ensure integration of 
     transportation decisionmaking.
       ``(2) Responsibilities.--The Secretary shall--
       ``(A) not later than 60 days after the date on which a 
     surface transportation project is selected for study by a 
     State, identify each Federal agency that may be required to 
     participate in the integrated decisionmaking process relating 
     to the surface transportation project and notify the agency 
     of the surface transportation project;
       ``(B) afford State, regional, tribal, and local governments 
     with decisionmaking authority on surface transportation 
     projects the opportunity to serve as cooperating agencies;
       ``(C) provide cooperating agencies the results of any 
     analysis or other information related to a surface 
     transportation project;
       ``(D) host an early scoping meeting for Federal agencies 
     and, when appropriate, conduct field reviews, as soon as 
     practicable in the environmental review process;

[[Page S11112]]

       ``(E) solicit from each cooperating agency as early as 
     practicable the data and analyses necessary to facilitate 
     execution of the duties of each cooperating agency;
       ``(F) use, to the maximum extent possible, scientific, 
     technical, and environmental data and analyses previously 
     prepared by or for other Federal, State, tribal, or local 
     agencies, after an independent evaluation by the Secretary of 
     the data and analyses;
       ``(G) jointly, with the cooperating agencies, host public 
     meetings and other community participation processes; and
       ``(H) ensure that the NEPA process and documentation 
     provide all necessary information for the cooperating agency 
     to--
       ``(i) discharge the responsibilities of the cooperating 
     agency under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and other law; and
       ``(ii) grant approvals, permits, licenses, and clearances.
       ``(f) Enhanced Scoping Process.--During the scoping process 
     for a surface transportation project, in addition to other 
     statutory and regulatory requirements, the Secretary shall, 
     to the extent practicable--
       ``(1) provide the public with clearly understandable 
     milestones that occur during an integrated decisionmaking 
     process;
       ``(2) ensure that all agencies with jurisdiction by law or 
     with special expertise have sufficient information and data 
     to discharge their responsibilities;
       ``(3) ensure that all agencies with jurisdiction by law or 
     with special expertise, and the public, are invited to 
     participate in the initial scoping process;
       ``(4) coordinate with other agencies to ensure that the 
     agencies provide to the Secretary, not later than 30 days 
     after the first interagency scoping meeting, any preliminary 
     concerns about how the proposed project may affect matters 
     within their jurisdiction or special expertise based on 
     information available at the time of the scoping meeting; and
       ``(5) in cooperation with all cooperating agencies, develop 
     a schedule for conducting all necessary environmental and 
     other review processes.
       ``(g) Use of Title 23 Funds.--
       ``(1) Use by states.--A State may use funds made available 
     under section 104(b) or 105 of title 23 to provide resources 
     to Federal or State agencies involved in the review or 
     permitting process for a surface transportation project in 
     order to meet a time schedule established under this section.
       ``(2) Use at secretary's discretion.--At the request of 
     another Federal agency involved in the review or permitting 
     process for a surface transportation project, the Secretary 
     may provide funds under chapter 1 of title 23 to the agency 
     to provide resources necessary to meet the time schedules 
     established under this section.
       ``(2) Amount.--Funds may be provided under paragraph (1) in 
     the amount by which the cost to complete a environmental 
     review in accordance with a time schedule established under 
     this section exceeds the cost that would be incurred if there 
     were no such time schedule.
       ``(3) Not final agency action.--The provision of funds 
     under paragraph (1) does not constitute a final agency 
     action.
       ``(h) State Role.--
       ``(1) In general.--For any project eligible for assistance 
     under chapter 1 of title 23, a State may require, by law or 
     agreement coordinating with all related State agencies, that 
     all State agencies that--
       ``(A) have jurisdiction by Federal or State law over 
     environmental, growth management, or land-use related issues 
     that may be affected by a surface transportation project; or
       ``(B) have responsibility for issuing any environment 
     related reviews, analyses, opinions, or determinations;

     be subject to the coordinated environmental review process 
     provided under this section in issuing any analyses or 
     approvals or taking any other action relating to the project.
       ``(2) All agencies.--If a State requires that any State 
     agency participate in a coordinated environmental review 
     process, the State shall require all affected State agencies 
     to participate.
       ``(i) Early Action Regarding Potentially Insurmountable 
     Obstacles.--If, at any time during the integrated 
     decisionmaking process for a proposed surface transportation 
     project, a cooperating agency determines that there is any 
     potentially insurmountable obstacle associated with any of 
     the alternative transportation projects that might be 
     undertaken to address the obstacle, the Secretary shall--
       ``(1) convene a meeting among the cooperating agencies to 
     address the obstacle;
       ``(2) initiate conflict resolution efforts under subsection 
     (j); or
       ``(3) eliminate from consideration the alternative 
     transportation project with which the obstacle is associated.
       ``(j) Conflict Resolution.--
       ``(1) Forum.--The NEPA process shall be used as a forum to 
     coordinate the actions of Federal, State, regional, tribal, 
     and local agencies, the private sector, and the public to 
     develop and shape surface transportation projects.
       ``(2) Approaches.--Collaborative, problem solving, and 
     consensus building approaches shall be used (and, when 
     appropriate, mediation may be used) to implement the 
     integrated decisionmaking process with a goal of 
     appropriately considering factors relating to transportation 
     development, economic prosperity, protection of public health 
     and the environment, community and neighborhood preservation, 
     and quality of life for present and future generations.
       ``(3) Unresolved issues.--
       ``(A) Notification.--If, before the final transportation 
     NEPA document is approved--
       ``(i) an issue remains unresolved between the lead Federal 
     agency and the cooperating agency; and
       ``(ii) efforts have been exhausted to resolve the issue at 
     the field levels of each agency--

       ``(I) within the applicable timeframe of the interagency 
     schedule established under subsection (f)(5); or
       ``(II) if no timeframe is established, within 90 days;

     the field level officer of the lead agency shall notify the 
     field level officer of the cooperating agency that the field 
     level officer of the lead agency intends to bring the issue 
     to the personal attention of the heads of the agencies.
       ``(B) Efforts by the agency heads.--The head of the lead 
     agency shall contact the head of the cooperating agency and 
     attempt to resolve the issue within 30 days after 
     notification by the field level officer of the unresolved 
     issue.
       ``(C) Consultation with ceq.--The heads of the agencies are 
     encouraged to consult with the Chair of the Council on 
     Environmental Quality during the 30-day period under 
     subparagraph (B).
       ``(D) Failure to resolve.--If the heads of the agencies do 
     not resolve the issue within the time specified in 
     subparagraph (B), the referral process under part 1504 of 
     title 40, Code of Federal Regulations (or any successor 
     regulation), shall be initiated with respect to the issue.
       ``(k) Judicial Review.--Nothing in this section affects the 
     reviewability of any final agency action in a district court 
     of the United States or any State court.
       ``(l) Statutory Construction.--Nothing in this section 
     affects--
       ``(1) the applicability of the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     any other statute; or
       ``(2) the responsibility of any Federal, State, tribal, or 
     local officer to comply with or enforce any statute or 
     regulation.''.
       (b) Timetable; Report to Congress.--The Secretary, in 
     consultation with the Chair of the Council on Environmental 
     Quality and after notice and opportunity for public comment--
       (1) not later than 180 days after the date of enactment of 
     this Act, shall design the integrated decisionmaking process 
     required by the amendment made by subsection (a);
       (2) not later than 1 year after the date of enactment of 
     this Act, shall promulgate a regulation governing 
     implementation of an integrated decisionmaking process in 
     accordance with the amendment made by subsection (a); and
       (3) not later than 2 years after the date of enactment of 
     this Act, shall submit to Congress a report identifying any 
     additional legislative or other solutions that would further 
     enhance the integrated decisionmaking process.
       (c) Conforming Amendment.--The analysis for subchapter III 
     of chapter 3 of title 49, United States Code, is amended by 
     adding at the end the following:

``354. Integrated decisionmaking process.''.

                 CHAPTER 3--ELIGIBILITY AND FLEXIBILITY

     SEC. 1231. DEFINITION OF OPERATIONAL IMPROVEMENT.

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

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

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

[[Page S11113]]

     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 
     paragraph (2).
       ``(O) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(P) In the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, any project 
     eligible for funding under section 133, any airport, and any 
     seaport.
       ``(Q) Publicly owned components of magnetic levitation 
     transportation systems.''.

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

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

     SEC. 1236. DESIGN FLEXIBILITY.

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

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1301. STATE INFRASTRUCTURE BANK PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 162. State infrastructure bank program

       ``(a) Definitions.--In this section:
       ``(1) Other assistance.--The term `other assistance' 
     includes any use of funds in an infrastructure bank--
       ``(A) to provide credit enhancements;
       ``(B) to serve as a capital reserve for bond or debt 
     instrument financing;
       ``(C) to subsidize interest rates;
       ``(D) to ensure the issuance of letters of credit and 
     credit instruments;
       ``(E) to finance purchase and lease agreements with respect 
     to transit projects;
       ``(F) to provide bond or debt financing instrument 
     security; and
       ``(G) to provide other forms of debt financing and methods 
     of leveraging funds that are approved by the Secretary and 
     that relate to the project with respect to which the 
     assistance is being provided.
       ``(2) State.--The term `State' has the meaning given the 
     term under section 401.
       ``(b) Cooperative Agreements.--
       ``(1) In general.--
       ``(A) Purpose of agreements.--Subject to this section, the 
     Secretary may enter into cooperative agreements with States 
     for the establishment of State infrastructure banks

[[Page S11114]]

     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;
       ``(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.
                                                                    ____


                           Amendment No. 1494

                    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 $11,013,799,000 for fiscal year 
     1998, $10,820,000,000 for fiscal year 1999, $10,829,000,000 
     for fiscal year 2000, $10,929,000,000 for fiscal year 2001, 
     $11,213,799,000 for fiscal year 2002, and $11,675,799,000 for 
     fiscal year 2003, of which--
         (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 
     for fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
         (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 
     for fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $6,437,055,000 for fiscal year 1998, $6,441,000,000 for 
     fiscal year 1999, $6,483,000,000 for fiscal year 2000, 
     $6,521,000,000 for fiscal year 2001, $6,669,000,000 for 
     fiscal year 2002, and $6,872,000,000 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 
     $1,057,698,000 for fiscal year 1998, $1,058,698,000 for 
     fiscal year 1999, $1,064,699,000 for fiscal year 2000, 
     $1,074,600,000 for fiscal year 2001, $1,098,000,000 for 
     fiscal year 2002, and $1,127,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--
       ``(I) the total lane miles on Interstate System routes 
     designated under--
       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such lane miles in all States; and
       ``(ii) 50 percent in the ratio that--
       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--
       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.
       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:
       ``(I) 20 percent of the apportionments in the ratio that--
       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.
       ``(II) 29 percent of the apportionments in the ratio that--
       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.
       ``(III) 18 percent of the apportionments in the ratio 
     that--
       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.
       ``(IV) 24 percent of the apportionments in the ratio that--
       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.
       ``(V) 9 percent of the apportionments in the ratio that--
       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.

[[Page S11115]]

       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--
       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);
       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--
       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.
       ``(ii) 30 percent of the apportionments in the ratio that--
       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.
       ``(iii) 25 percent of the apportionments in the ratio 
     that--
       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.
       ``(iv) 25 percent of the apportionments in the ratio that--
       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.
       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this 
     title.''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--
       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.
       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--
       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--

[[Page S11116]]

       (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).
       (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;
                                                                    ____


                           Amendment No. 1495

       Beginning on page 5, strike line 1 and all that follows 
     through page 22, line 24, and insert the following:
                    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 $11,424,851,000 for fiscal year 
     1998, $11,254,000,000 for fiscal year 1999, $11,284,000,000 
     for fiscal year 2000, $11,384,000,000 for fiscal year 2001, 
     $11,620,000,000 for fiscal year 2002, and $12,110,000,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.

[[Page S11117]]

       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (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;
       (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.--
                                                                    ____


                           Amendment No. 1496

       Beginning on page 5, strike line 1 and all that follows 
     through page 23, line 25, and insert the following:
                    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 $11,492,988,000 for fiscal year 
     1998, $11,320,000,000 for fiscal year 1999, $11,330,000,000 
     for fiscal year 2000, $11,420,000,000 for fiscal year 2001, 
     $11,730,000,000 for fiscal year 2002, and $12,230,000,000 for 
     fiscal year 2003, of which--
         (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 
     for fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
         (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 
     for fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
         (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
         (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
         (4) Federal lands highways program.--
         (A) Indian reservation roads.--For Indian reservation 
     roads under section 204 of that title $200,000,000 for each 
     of fiscal years 1998 through 2003.
         (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
         (C) Public lands highways.--For public lands highways 
     under section 204 of that title $172,000,000 for each of 
     fiscal years 1998 through 2003.
         (D) Cooperative federal lands transportation program.--
     For the Cooperative

[[Page S11118]]

     Federal Lands Transportation Program under section 207 of 
     that title $74,000,000 for each of fiscal years 1998 through 
     2003.

     SEC. 1102. APPORTIONMENTS.

         (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
         ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
         ``(1) Interstate and national highway system program.--
         ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
         ``(i) 50 percent in the ratio that--

         ``(I) the total lane miles on Interstate System routes 
     designated under--

         ``(aa) section 103;
         ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
         ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
         ``(II) the total of all such lane miles in all States; 
     and

         ``(ii) 50 percent in the ratio that--

         ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

         ``(aa) section 103;
         ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
         ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
         ``(II) the total of all such vehicle miles traveled in 
     all States.

         ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
         ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
         ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
         ``(C) Other national highway system component.--
         ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

         ``(I) 20 percent of the apportionments in the ratio 
     that--

         ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
         ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

         ``(II) 29 percent of the apportionments in the ratio 
     that--

         ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
         ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

         ``(III) 18 percent of the apportionments in the ratio 
     that--

         ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
         ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

         ``(IV) 24 percent of the apportionments in the ratio 
     that--

         ``(aa) the total diesel fuel used on highways in each 
     State; bears to
         ``(bb) the total diesel fuel used on highways in all 
     States.

         ``(V) 9 percent of the apportionments in the ratio that--

         ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
         ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
         ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
         ``(D) Minimum apportionment.--Notwithstanding 
     subparagraphs (A) through (C), each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
         ``(2) Congestion mitigation and air quality improvement 
     program.--
         ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
         ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
         ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
         ``(B) Calculation of weighted nonattainment and 
     maintenance area population.--Subject to subparagraph (C), 
     for the purpose of subparagraph (A), the weighted 
     nonattainment and maintenance area population shall be 
     calculated by multiplying the population of each area in a 
     State that was a nonattainment area or maintenance area as 
     described in section 149(b) for ozone or carbon monoxide by a 
     factor of--
         ``(i) 0.8 if--

         ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
         ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

         ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
         ``(iii) 1.1 if, at the time of the apportionment, the 
     area is classified as a moderate ozone nonattainment area 
     under that subpart;
         ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
         ``(v) 1.3 if, at the time of the apportionment, the area 
     is classified as a severe ozone nonattainment area under that 
     subpart;
         ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
         ``(vii) 1.0 if, at the time of the apportionment, the 
     area is not a nonattainment or maintenance area as described 
     in section 149(b) for ozone, but is classified under subpart 
     3 of part D of title I of that Act (42 U.S.C. 7512 et seq.) 
     as a nonattainment area described in section 149(b) for 
     carbon monoxide.
         ``(C) Additional adjustment for carbon monoxide areas.--
         ``(i) Carbon monoxide nonattainment areas.--If, in 
     addition to being classified as a nonattainment or 
     maintenance area for ozone, the area was also classified 
     under subpart 3 of part D of title I of that Act (42 U.S.C. 
     7512 et seq.) as a nonattainment area described in section 
     149(b) for carbon monoxide, the weighted nonattainment or 
     maintenance area population of the area, as determined under 
     clauses (i) through (vi) of subparagraph (B), shall be 
     further multiplied by a factor of 1.2.
         ``(ii) Carbon monoxide maintenance areas.--If, in 
     addition to being classified as a nonattainment or 
     maintenance area for ozone, the area was at one time also 
     classified under subpart 3 of part D of title I of that Act 
     (42 U.S.C. 7512 et seq.) as a nonattainment area described in 
     section 149(b) for carbon monoxide but has been redesignated 
     as a maintenance area, the weighted nonattainment or 
     maintenance area population of the area, as determined under 
     clauses (i) through (vi) of subparagraph (B), shall be 
     further multiplied by a factor of 1.1.
         ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
         ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
         ``(3) Surface transportation program.--
         ``(A) In general.--For the surface transportation 
     program, in accordance with the following formula:
         ``(i) 20 percent of the apportionments in the ratio 
     that--

         ``(I) the total lane miles of Federal-aid highways in 
     each State; bears to
         ``(II) the total lane miles of Federal-aid highways in 
     all States.

         ``(ii) 30 percent of the apportionments in the ratio 
     that--

         ``(I) the total vehicle miles traveled on lanes on 
     Federal-aid highways in each State; bears to
         ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

         ``(iii) 25 percent of the apportionments in the ratio 
     that--

         ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to

[[Page S11119]]

         ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

         ``(iv) 25 percent of the apportionments in the ratio 
     that--

         ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
         ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

         ``(B) Data.--Each calculation under subparagraph (A) 
     shall be based on the latest available data.
         ``(C) Minimum apportionment.--Notwithstanding 
     subparagraph (A), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this 
     paragraph.''.
         (b) Effect of Certain Amendments.--Section 104 of title 
     23, United States Code, is amended by striking subsection (h) 
     and inserting the following:
         ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
         (c) ISTEA Transition.--
         (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
         (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
         (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
         (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
         (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
         (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
         (iii) apportionments for the Federal lands highways 
     program under section 204 of that title; and
         (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
         (D) the product obtained by multiplying--
         (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
         (ii) the applicable percentage determined under paragraph 
     (2); and
         (E) the product obtained by multiplying--
         (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
         (ii) the applicable percentage determined under paragraph 
     (2).
         (2) Applicable percentages.--
         (A) Fiscal year 1998.--For fiscal year 1998--
         (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
         (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 115 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
                                                                    ____


                           Amendment No. 1497

       Beginning on page 5, strike line 1 and all that follows 
     through page 25, line 25, and insert the following:
                    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 $12,291,156,000 for fiscal year 
     1998, $12,118,156,000 for fiscal year 1999, $12,129,456,000 
     for fiscal year 2000, $12,240,456,000 for fiscal year 2001, 
     $12,566,456,000 for fiscal year 2002, and $13,096,456,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,183,601,000 for fiscal year 1998, $7,197,601,000 for 
     fiscal year 1999, $7,239,601,000 for fiscal year 2000, 
     $7,296,601,000 for fiscal year 2001, $7,446,601,000 for 
     fiscal year 2002, and $7,667,601,000 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 
     $1,150,836,000 for fiscal year 1998, $1,152,836,000 for 
     fiscal year 1999, $1,159,836,000 for fiscal year 2000, 
     $1,169,836,000 for fiscal year 2001, $1,193,836,000 for 
     fiscal year 2002, and $1,231,836,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.

[[Page S11120]]

       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this 
     title.''.
       (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;
       (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--

[[Page S11121]]

       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
         (A) Fiscal year 1998.--For fiscal year 1998--
         (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 130 percent; and
         (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
         (B) Fiscal years thereafter.--For each of fiscal years 
     1999 through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
         (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
         (ii) the percentage that--

         (I) the total contract authority made available under 
     this Act and title 23, United States Code, for Federal-aid 
     highway programs for the fiscal year; bears to
         (II) the total contract authority made available under 
     this Act and title 23, United States Code, for Federal-aid 
     highway programs for fiscal year 1998.

         (3) Maximum transition.--
         (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
         (B) Redistribution of funds.--
         (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
         (ii) Limitation.--The ratio that--

         (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
         (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 130 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     130 percent as adjusted in the manner described in paragraph 
     (2)(B).
         (4) Minimum transition.--
                                                                    ____


                           Amendment No. 1498

       Beginning on page 5, strike line 1 and all that follows 
     through page 29, line 25, and insert the following:
                    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 $11,149,630,000 for fiscal year 
     1998, $10,978,630,000 for fiscal year 1999, $10,989,930,000 
     for fiscal year 2000, $11,089,930,000 for fiscal year 2001, 
     $11,417,930,000 for fiscal year 2002, and $11,953,930,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105

[[Page S11122]]

     of the Federal-Aid Highway Act of 1978 (92 Stat. 2692))) in 
     each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a 
     percentage equal to the product obtained by multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

[[Page S11123]]

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program;
       ``(II) under section 204 for the Federal lands highways 
     program; and
       ``(III) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;''.
                                                                    ____


                           Amendment No. 1499

       Beginning on page 5, strike line 1 and all that follows 
     through page 106, line 25, and insert the following:
                    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 $12,053,000,000 for fiscal year 
     1998, $11,882,000,000 for fiscal year 1999, $11,893,000,000 
     for fiscal year 2000, $11,990,000,000 for fiscal year 2001, * 
     * * for fiscal year 2002, and $12,850,000,000 for fiscal year 
     2003, of which--
       (A) $4,637,000,000 for fiscal year 1998, $4,645,000,000 for 
     fiscal year 1999, $4,674,000,000 for fiscal year 2000, 
     $4,711,000,000 for fiscal year 2001, $4,810,000,000 for 
     fiscal year 2002, and $4,955,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,437,000,000 for fiscal year 1998, $1,440,000,000 for 
     fiscal year 1999, $1,448,000,000 for fiscal year 2000, 
     $1,460,000,000 for fiscal year 2001, $1,490,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

[[Page S11124]]

       ``(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 funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (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

[[Page S11125]]

     1992 through 1997 for all Federal-aid highway programs (as 
     defined in section 101 of title 23, United States Code), 
     excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.24 ....

    Arkansas..................................................1.33 ....

    Delaware..................................................0.47 ....

    Hawaii....................................................0.55 ....

    Idaho.....................................................0.82 ....

    Montana...................................................1.06 ....

    Nevada....................................................0.73 ....

    New Hampshire.............................................0.52 ....

    New Jersey................................................2.41 ....

    New Mexico................................................1.05 ....

    North Dakota..............................................0.73 ....

    Rhode Island..............................................0.58 ....

    South Dakota..............................................0.78 ....

    Vermont...................................................0.47 ....

    Wyoming...................................................0.76.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.

       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for

[[Page S11126]]

     the conduct of annual audits of financial statements in 
     accordance with section 3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(2)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(2)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)(A)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.

     SEC. 1103. OBLIGATION CEILING.

       (a) General Limitations.--Subject to the other provisions 
     of this section and notwithstanding any other provision of 
     law, the total amount of all obligations for Federal-aid 
     highways and highway safety construction programs shall not 
     exceed--
       (1) $21,800,000,000 for fiscal year 1998;
       (2) $22,802,000,000 for fiscal year 1999;
       (3) $22,939,000,000 for fiscal year 2000;
       (4) $23,183,000,000 for fiscal year 2001;
       (5) $23,699,000,000 for fiscal year 2002; and
       (6) $24,548,000,000 for fiscal year 2003.
       (b) Exceptions.--
       (1) In general.--The limitations under subsection (a) shall 
     not apply to obligations of funds under--
       (A) section 105(a) of title 23, United States Code (but, 
     for each of fiscal years 1998 through 2003, only in an amount 
     equal to the amount included for section 157 of title 23, 
     United States Code, in the baseline determined by the 
     Congressional Budget Office for the fiscal year 1998 budget), 
     excluding amounts allocated under section 105(a)(1)(B) of 
     that title;
       (B) section 125 of that title;
       (C) section 157 of that title (as in effect on the day 
     before the date of enactment of this Act);
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (F) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (G) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198); and
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).
       (2) Effect of other law.--A provision of law establishing a 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs may not amend or limit 
     the applicability of this subsection, unless the provision 
     specifically amends or limits that applicability.
       (c) Applicability to Transportation Research Programs.--
     Obligation limitations for Federal-aid highways and highway 
     safety construction programs established by subsection (a) 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code.
       (d) Obligation Authority.--Section 118 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Obligation Authority.--
       ``(1) Distribution.--For each fiscal year, the Secretary 
     shall--
       ``(A) distribute the total amount of obligation authority 
     for Federal-aid highways and highway safety construction 
     programs made available for the fiscal year by allocation in 
     the ratio that--
       ``(i) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to each State for the fiscal year; 
     bears to
       ``(ii) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums authorized to be appropriated for 
     Federal-aid highways that have been apportioned to a State; 
     and
       ``(C) notwithstanding subparagraphs (A) and (B), not 
     distribute--
       ``(i) amounts deducted under section 104(a) for 
     administrative expenses;
       ``(ii) amounts set aside under section 104(k) for 
     Interstate 4R and bridge projects;
       ``(iii) amounts made available under sections 143, 164, 
     165, 204, 206, 207, and 322;
       ``(iv) amounts made available under section 111 of title 
     49;
       ``(v) amounts made available under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.);
       ``(vi) amounts made available under section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938);
       ``(vii) amounts made available under sections 1503, 1603, 
     and 1604 of the Intermodal Surface Transportation Efficiency 
     Act of 1997;
       ``(viii) amounts made available under section 149(d) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 201);

[[Page S11127]]

       ``(ix) amounts made available under section 105(a)(1)(A) to 
     the extent that the amounts are subject to any obligation 
     limitation under section 1103(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997;
       ``(x) amounts made available for implementation of programs 
     under chapter 5 of this title and sections 5222, 5232, and 
     5241 of title 49; and
       ``(xi) amounts made available under section 412 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995.
       ``(2) Redistribution.--Notwithstanding paragraph (1), the 
     Secretary shall, after August 1 of each of fiscal years 1998 
     through 2003--
       ``(A) revise a distribution of the funds made available 
     under paragraph (1) for the fiscal year if a State will not 
     obligate the amount distributed during the fiscal year; and
       ``(B) redistribute sufficient amounts to those States able 
     to obligate amounts in addition to the amounts previously 
     distributed during the fiscal year, giving priority to those 
     States that have large unobligated balances of funds 
     apportioned under section 104 and under section 144 (as in 
     effect on the day before the date of enactment of this 
     subparagraph).''.
       (e) Applicability of Obligation Limitations.--An obligation 
     limitation established by a provision of any other Act shall 
     not apply to obligations under a program funded under this 
     Act or title 23, United States Code, unless--
       (1) the provision specifically amends or limits the 
     applicability of this subsection; or
       (2) an obligation limitation is specified in this Act with 
     respect to the program.

     SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION 
                   PROGRAM.

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

     SEC. 1105. EMERGENCY RELIEF.

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

     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.

     SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

       (a) Federal Share Payable.--Section 120 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(j) Use of Federal Land Management Agency Funds.--
     Notwithstanding any other provision of law, the funds 
     appropriated to any Federal land management agency may be 
     used to pay the non-Federal share of the cost of any Federal-
     aid highway project the Federal share of which is funded 
     under section 104.
       ``(k) Use of Federal Lands Highways Program Funds.--
     Notwithstanding any other provision of law, the funds made 
     available to carry out the Federal lands highways program 
     under section 204 may be used to pay the non-Federal share of 
     the cost of any project that is funded under section 104 and 
     that provides access to or within Federal or Indian lands.''.
       (b) Availability of Funds.--Section 203 of title 23, United 
     States Code, is amended by adding at the end the following: 
     ``Notwithstanding any other provision of law, the 
     authorization by the Secretary of engineering and related 
     work for a Federal lands highways program project, or the 
     approval by the Secretary of plans, specifications, and 
     estimates for construction of a Federal lands highways 
     program project, shall be deemed to constitute a contractual 
     obligation of the Federal Government to the pay the Federal 
     share of the cost of the project.''.
       (c) Planning and Agency Coordination.--Section 204 of title 
     23, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Establishment.--
       ``(1) In general.--Recognizing the need for all Federal 
     roads that are public roads to be treated under uniform 
     policies similar to the policies that apply to Federal-aid 
     highways, there is established a coordinated Federal lands 
     highways program that shall apply to public lands highways, 
     park roads and parkways, and Indian reservation roads and 
     bridges.
       ``(2) Transportation planning procedures.--In consultation 
     with the Secretary of each appropriate Federal land 
     management agency, the Secretary shall develop, by rule, 
     transportation planning procedures that are consistent with 
     the metropolitan and statewide planning processes required 
     under sections 134 and 135.
       ``(3) Approval of transportation improvement program.--The 
     transportation improvement program developed as a part of the 
     transportation planning process under this section shall be 
     approved by the Secretary.
       ``(4) Inclusion in other plans.--All regionally significant 
     Federal lands highways program projects--
       ``(A) shall be developed in cooperation with States and 
     metropolitan planning organizations; and
       ``(B) shall be included in appropriate Federal lands 
     highways program, State, and metropolitan plans and 
     transportation improvement programs.
       ``(5) Inclusion in state programs.--The approved Federal 
     lands highways program transportation improvement program 
     shall be included in appropriate State and metropolitan 
     planning organization plans and programs without further 
     action on the transportation improvement program.
       ``(6) Development of systems.--The Secretary and the 
     Secretary of each appropriate Federal land management agency 
     shall, to the extent appropriate, develop safety, bridge, 
     pavement, and congestion management systems for roads funded 
     under the Federal lands highways program.'';
       (2) in subsection (b), by striking the first 3 sentences 
     and inserting the following: ``Funds available for public 
     lands highways, park roads and parkways, and Indian 
     reservation roads shall be used by the Secretary and the 
     Secretary of the appropriate Federal land management agency 
     to pay for the cost of transportation planning, research, 
     engineering, and construction of the highways,

[[Page S11128]]

     roads, and parkways, or of transit facilities within public 
     lands, national parks, and Indian reservations. In connection 
     with activities under the preceding sentence, the Secretary 
     and the Secretary of the appropriate Federal land management 
     agency may enter into construction contracts and other 
     appropriate contracts with a State or civil subdivision of a 
     State or Indian tribe.'';
       (3) in the first sentence of subsection (e), by striking 
     ``Secretary of the Interior'' and inserting ``Secretary of 
     the appropriate Federal land management agency'';
       (4) in subsection (h), by adding at the end the following:
       ``(8) A project to build a replacement of the federally 
     owned bridge over the Hoover Dam in the Lake Mead National 
     Recreation Area between Nevada and Arizona.'';
       (5) by striking subsection (i) and inserting the following:
       ``(i) Transfers of Costs to Secretaries of Federal Land 
     Management Agencies.--
       ``(1) Administrative costs.--The Secretary shall transfer 
     to the appropriate Federal land management agency from 
     amounts made available for public lands highways such amounts 
     as are necessary to pay necessary administrative costs of the 
     agency in connection with public lands highways.
       ``(2) Transportation planning costs.--The Secretary shall 
     transfer to the appropriate Federal land management agency 
     from amounts made available for public lands highways such 
     amounts as are necessary to pay the cost to the agency to 
     conduct necessary transportation planning for Federal lands, 
     if funding for the planning is not otherwise provided under 
     this section.''; and
       (6) in subsection (j), by striking the second sentence and 
     inserting the following: ``The Indian tribal government, in 
     cooperation with the Secretary of the Interior, and as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall carry out a transportation 
     planning process in accordance with subsection (a).''.

     SEC. 1107. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 205 the following:

     ``Sec. 206. Recreational trails program

       ``(a) Definitions.--
       ``(1) Motorized recreation.--The term `motorized 
     recreation' means off-road recreation using any motor-powered 
     vehicle, except for a motorized wheelchair.
       ``(2) Recreational trail; trail.--The term `recreational 
     trail' or `trail' means a thoroughfare or track across land 
     or snow, used for recreational purposes such as--
       ``(A) pedestrian activities, including wheelchair use;
       ``(B) skating or skateboarding;
       ``(C) equestrian activities, including carriage driving;
       ``(D) nonmotorized snow trail activities, including skiing;
       ``(E) bicycling or use of other human-powered vehicles;
       ``(F) aquatic or water activities; and
       ``(G) motorized vehicular activities, including all-terrain 
     vehicle riding, motorcycling, snowmobiling, use of off-road 
     light trucks, or use of other off-road motorized vehicles.
       ``(b) Program.--In accordance with this section, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the Secretary of Agriculture, shall carry out a program 
     to provide and maintain recreational trails (referred to in 
     this section as the `program').
       ``(c) State Responsibilities.--To be eligible for 
     apportionments under this section--
       ``(1) a State may use apportionments received under this 
     section for construction of new trails crossing Federal lands 
     only if the construction is--
       ``(A) permissible under other law;
       ``(B) necessary and required by a statewide comprehensive 
     outdoor recreation plan required by the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.);
       ``(C) approved by the administering agency of the State 
     designated under paragraph (2); and
       ``(D) approved by each Federal agency charged with 
     management of the affected lands, which approval shall be 
     contingent on compliance by the Federal agency with all 
     applicable laws, including the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1600 et seq.), and the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.);
       ``(2) the Governor of a State shall designate the State 
     agency or agencies that will be responsible for administering 
     apportionments received under this section; and
       ``(3) the State shall establish within the State a State 
     trail advisory committee that represents both motorized and 
     nonmotorized trail users.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--Funds made available under this section 
     shall be obligated for trails and trail-related projects 
     that--
       ``(A) have been planned and developed under the laws, 
     policies, and administrative procedures of each State; and
       ``(B) are identified in, or further a specific goal of, a 
     trail plan or trail plan element included or referenced in a 
     metropolitan transportation plan required under section 134 
     or a statewide transportation plan required under section 
     135, consistent with the statewide comprehensive outdoor 
     recreation plan required by the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
       ``(2) Permissible uses.--Permissible uses of funds made 
     available under this section include--
       ``(A) maintenance and restoration of existing trails;
       ``(B) development and rehabilitation of trailside and 
     trailhead facilities and trail linkages;
       ``(C) purchase and lease of trail construction and 
     maintenance equipment;
       ``(D) construction of new trails;
       ``(E) acquisition of easements and fee simple title to 
     property for trails or trail corridors;
       ``(F) payment of costs to the State incurred in 
     administering the program, but in an amount not to exceed 7 
     percent of the apportionment received by the State for a 
     fiscal year; and
       ``(G) operation of educational programs to promote safety 
     and environmental protection as these objectives relate to 
     the use of trails.
       ``(3) Use of apportionments.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), of the apportionments received for a fiscal 
     year by a State under this section--
       ``(i) 40 percent shall be used for trail or trail-related 
     projects that facilitate diverse recreational trail use 
     within a trail corridor, trailside, or trailhead, regardless 
     of whether the project is for diverse motorized use, for 
     diverse nonmotorized use, or to accommodate both motorized 
     and nonmotorized recreational trail use;
       ``(ii) 30 percent shall be used for uses relating to 
     motorized recreation; and
       ``(iii) 30 percent shall be used for uses relating to 
     nonmotorized recreation.
       ``(B) Small state exclusion.--Any State with a total land 
     area of less than 3,500,000 acres, and in which nonhighway 
     recreational fuel use accounts for less than 1 percent of all 
     such fuel use in the United States, shall be exempted from 
     the requirements of subparagraph (A) upon application to the 
     Secretary by the State demonstrating that the State meets the 
     conditions of this subparagraph.
       ``(C) Waiver authority.--Upon the request of a State trail 
     advisory committee established under subsection (c)(3), the 
     Secretary may waive, in whole or in part, the requirements of 
     subparagraph (A) with respect to the State if the State 
     certifies to the Secretary that the State does not have 
     sufficient projects to meet the requirements of subparagraph 
     (A).
       ``(D) State administrative costs.--State administrative 
     costs eligible for funding under paragraph (2)(F) shall be 
     exempt from the requirements of subparagraph (A).
       ``(e) Environmental Benefit or Mitigation.--To the extent 
     practicable and consistent with the other requirements of 
     this section, a State should give consideration to project 
     proposals that provide for the redesign, reconstruction, 
     nonroutine maintenance, or relocation of trails to benefit 
     the natural environment or to mitigate and minimize the 
     impact to the natural environment.
       ``(f) Federal Share.--
       ``(1) In general.--Subject to the other provisions of this 
     subsection, the Federal share of the cost of a project under 
     this section shall not exceed 80 percent.
       ``(2) Federal agency project sponsor.--Notwithstanding any 
     other provision of law, a Federal agency that sponsors a 
     project under this section may contribute additional Federal 
     funds toward the cost of a project, except that--
       ``(A) the share attributable to the Secretary of 
     Transportation may not exceed 80 percent; and
       ``(B) the share attributable to the Secretary and the 
     Federal agency jointly may not exceed 95 percent.
       ``(3) Use of funds from federal programs to provide non-
     federal share.--Notwithstanding any other provision of law, 
     amounts made available by the Federal Government under any 
     Federal program that are--
       ``(A) expended in accordance with the requirements of the 
     Federal program relating to activities funded and populations 
     served; and
       ``(B) expended on a project that is eligible for assistance 
     under this section;
     may be credited toward the non-Federal share of the cost of 
     the project.
       ``(4) Programmatic non-federal share.--A State may allow 
     adjustments to the non-Federal share of an individual project 
     under this section if the Federal share of the cost of all 
     projects carried out by the State under the program 
     (excluding projects funded under paragraph (2) or (3)) using 
     funds apportioned to the State for a fiscal year does not 
     exceed 80 percent.
       ``(5) State administrative costs.--The Federal share of the 
     administrative costs of a State under this subsection shall 
     be determined in accordance with section 120(b).
       ``(g) Uses Not Permitted.--A State may not obligate funds 
     apportioned under this section for--
       ``(1) condemnation of any kind of interest in property;
       ``(2) construction of any recreational trail on National 
     Forest System land for any motorized use unless--
       ``(A) the land has been apportioned for uses other than 
     wilderness by an approved forest land and resource management 
     plan or has been released to uses other than wilderness by an 
     Act of Congress; and

[[Page S11129]]

       ``(B) the construction is otherwise consistent with the 
     management direction in the approved forest land and resource 
     management plan;
       ``(3) construction of any recreational trail on Bureau of 
     Land Management land for any motorized use unless the land--
       ``(A) has been apportioned for uses other than wilderness 
     by an approved Bureau of Land Management resource management 
     plan or has been released to uses other than wildernessK by 
     an Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved management plan; or
       ``(4) upgrading, expanding, or otherwise facilitating 
     motorized use or access to trails predominantly used by 
     nonmotorized trail users and on which, as of May 1, 1991, 
     motorized use is prohibited or has not occurred.
       ``(h) Project Administration.--
       ``(1) Credit for donations of funds, materials, services, 
     or new right-of-way.--
       ``(A) In general.--Nothing in this title or other law shall 
     prevent a project sponsor from offering to donate funds, 
     materials, services, or a new right-of-way for the purposes 
     of a project eligible for assistance under this section. Any 
     funds, or the fair market value of any materials, services, 
     or new right-of-way, may be donated by any project sponsor 
     and shall be credited to the non-Federal share in accordance 
     with subsection (f).
       ``(B) Federal project sponsors.--Any funds or the fair 
     market value of any materials or services may be provided by 
     a Federal project sponsor and shall be credited to the 
     Federal agency's share in accordance with subsection (f).
       ``(2) Recreational purpose.--A project funded under this 
     section is intended to enhance recreational opportunity and 
     is not subject to section 138 of this title or section 303 of 
     title 49.
       ``(3) Continuing recreational use.--At the option of each 
     State, funds made available under this section may be treated 
     as Land and Water Conservation Fund apportionments for the 
     purposes of section 6(f)(3) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
       ``(4) Cooperation by private persons.--
       ``(A) Written assurances.--As a condition of making 
     available apportionments for work on recreational trails that 
     would affect privately owned land, a State shall obtain 
     written assurances that the owner of the land will cooperate 
     with the State and participate as necessary in the activities 
     to be conducted.
       ``(B) Public access.--Any use of the apportionments to a 
     State under this section on privately owned land must be 
     accompanied by an easement or other legally binding agreement 
     that ensures public access to the recreational trail 
     improvements funded by the apportionments.
       ``(i) Apportionment.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State that meets the 
     requirements of subsection (c).
       ``(2) Apportionment.--Subject to subsection (j), for each 
     fiscal year, the Secretary shall apportion--
       ``(A) 50 percent of the amounts made available to carry out 
     this section equally among eligible States; and
       ``(B) 50 percent of the amounts made available to carry out 
     this section among eligible States in proportion to the 
     quantity of nonhighway recreational fuel used in each 
     eligible State during the preceding year.
       ``(j) Administrative Costs.--
       ``(1) In general.--Whenever an apportionment is made under 
     subsection (i) of the amounts made available to carry out 
     this section, the Secretary shall first deduct an amount, not 
     to exceed 1 percent of the authorized amounts, to pay the 
     costs to the Secretary for administration of, and research 
     authorized under, the program.
       ``(2) Use of contracts.--To carry out research funded under 
     paragraph (1), the Secretary may--
       ``(A) enter into contracts with for-profit organizations; 
     and
       ``(B) enter into contracts, partnerships, or cooperative 
     agreements with other government agencies, institutions of 
     higher learning, or nonprofit organizations.
       ``(k) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $17,000,000 for fiscal year 1998, 
     $20,000,000 for fiscal year 1999, $22,000,000 for fiscal year 
     2000, $23,000,000 for fiscal year 2001, $24,000,000 for 
     fiscal year 2002, and $25,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that the Federal share of the cost of a project under 
     this section shall be determined in accordance with this 
     section.''.
       (b) Conforming Amendments.--
       (1) The Intermodal Surface Transportation Efficiency Act of 
     1991 is amended by striking part B of title I (16 U.S.C. 1261 
     et seq.).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 206 
     and inserting the following:

``206. Recreational trails program.''.

     SEC. 1108. VALUE PRICING PILOT PROGRAM.

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

       ``(I) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       ``(II) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       ``(III) shall be available for any purpose eligible for 
     funding under section 133 of that title.

       ``(C) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of any project under this subsection and the 
     availability of funds authorized by this paragraph shall 
     be determined in accordance with this subsection.''.
       (g) Conforming Amendments.--Section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended--
       (1) in paragraph (1), by striking ``projects'' each place 
     it appears and inserting ``programs''; and
       (2) in paragraph (5)--
       (A) by striking ``projects'' and inserting ``programs''; 
     and
       (B) by striking ``traffic, volume'' and inserting ``traffic 
     volume''.

     SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

       (a) In General.--Section 143 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 143. Highway use tax evasion projects

       ``(a) Definition of State.--In this section, the term 
     `State' means the 50 States and the District of Columbia.
       ``(b) Projects.--
       ``(1) In general.--The Secretary shall use funds made 
     available under paragraph (7) to carry out highway use tax 
     evasion projects in accordance with this subsection.
       ``(2) Allocation of funds.--The funds may be allocated to 
     the Internal Revenue Service and the States at the discretion 
     of the Secretary.
       ``(3) Conditions on funds allocated to internal revenue 
     service.--The Secretary shall not impose any condition on the 
     use of funds allocated to the Internal Revenue Service under 
     this subsection.
       ``(4) Limitation on use of funds.--Funds made available 
     under paragraph (7) shall be used only--
       ``(A) to expand efforts to enhance motor fuel tax 
     enforcement;

[[Page S11130]]

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

``143. Highway use tax evasion projects.''.

       (2) Section 1040 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) 
     is repealed.
       (3) Section 8002 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) 
     is amended--
       (A) in the first sentence of subsection (g), by striking 
     ``section 1040 of this Act'' and inserting ``section 143 of 
     title 23, United States Code,''; and
       (B) by striking subsection (h).

     SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

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

     SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

       (a) General Rule.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     made available for any program under titles I 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 subsection (a) and the 
     location of such concerns in the State and notify the 
     Secretary, in writing, of the percentage of such concerns 
     which are controlled by women, by socially and economically 
     disadvantaged individuals (other than women), and by 
     individuals who are women and are otherwise socially and 
     economically disadvantaged individuals.
       (d) Uniform Certification.--The Secretary shall establish 
     minimum uniform criteria for State governments to use in 
     certifying whether a concern qualifies for purposes of this 
     section. Such minimum uniform criteria shall include but not 
     be limited to on-site visits, personal interviews, licenses, 
     analysis of stock ownership, listing of equipment, analysis 
     of bonding capacity, listing of work completed, resume of 
     principal owners, financial capacity, and type of work 
     preferred.

     SEC. 1112. FEDERAL SHARE PAYABLE.

       Section 120 of title 23, United States Code (as amended by 
     section 1106(a)), is amended--
       (1) in each of subsections (a) and (b), by adding at the 
     end the following: ``In the case of any project subject to 
     this subsection, a State may determine a lower Federal share 
     than the Federal share determined under the preceding 
     sentences of this subsection.''; and
       (2) by adding at the end the following:
       ``(l) Credit for Non-Federal Share.--
       ``(1) Eligibility.--A State may use as a credit toward the 
     non-Federal share requirement for any program under the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240) or this title, other than the emergency 
     relief program authorized by section 125, toll revenues that 
     are generated and used by public, quasi-public, and private 
     agencies to build, improve, or maintain, without the use of 
     Federal funds, highways, bridges, or tunnels that serve the 
     public purpose of interstate commerce.
       ``(2) Maintenance of effort.--
       ``(A) In general.--The credit toward any non-Federal share 
     under paragraph (1) shall not reduce nor replace State funds 
     required to match Federal funds for any program under this 
     title.
       ``(B) Conditions on receipt of credit.--
       ``(i) Agreement with the secretary.--To receive a credit 
     under paragraph (1) for a fiscal year, a State shall enter 
     into such agreements as the Secretary may require to ensure 
     that the State will maintain its non-Federal transportation 
     capital expenditures at or above the average level of such 
     expenditures for the preceding 3 fiscal years.
       ``(ii) Exception.--Notwithstanding clause (i), a State may 
     receive a credit under paragraph (1) for a fiscal year if, 
     for any 1 of the preceding 3 fiscal years, the non-Federal 
     transportation capital expenditures of the State were at a 
     level that was greater than 30 percent of the average level 
     of such expenditures for the other 2 of the preceding 3 
     fiscal years.
       ``(3) Treatment.--
       ``(A) In general.--Use of the credit toward a non-Federal 
     share under paragraph (1) shall not expose the agencies from 
     which the credit is received to additional liability, 
     additional regulation, or additional administrative 
     oversight.
       ``(B) Chartered multistate agencies.--When credit is 
     applied from a chartered

[[Page S11131]]

     multistate agency under paragraph (1), the credit shall be 
     applied equally to all charter States.
       ``(C) No additional standards.--A public, quasi-public, or 
     private agency from which the credit for which the non-
     Federal share is calculated under paragraph (1) shall not be 
     subject to any additional Federal design standards or laws 
     (including regulations) as a result of providing the credit 
     beyond the standards and laws to which the agency is already 
     subject.''.

     SEC. 1113. STUDIES AND REPORTS.

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

     SEC. 1114. DEFINITIONS.

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

     SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code 
     (as amended by section 1107(a)), is amended by inserting 
     after section 206 the following:

     ``Sec. 207. Cooperative Federal Lands Transportation Program

       ``(a) In General.--There is established the Cooperative 
     Federal Lands Transportation Program (referred to in this 
     section as the `program'). Funds available for the program 
     may be used for projects, or portions of projects, on 
     highways that are owned or maintained by States or political 
     subdivisions of States and that cross, are adjacent to, or 
     lead to federally owned land or Indian reservations 
     (including Army Corps of Engineers reservoirs), as determined 
     by the State. Such projects shall be proposed by a State and 
     selected by the Secretary. A project proposed by a State 
     under this section shall be on a highway or bridge owned or 
     maintained by the State, or 1 or more political subdivisions 
     of the State, and may be a highway or bridge construction or 
     maintenance project eligible under this title or any project 
     of a type described in section 204(h).
       ``(b) Distribution of Funds for Projects.--
       ``(1) In general.--
       ``(A) In general.--The Secretary--
       ``(i) after consultation with the Administrator of General 
     Services, the Secretary of the Interior, and other agencies 
     as appropriate (including the Army Corps of Engineers), shall 
     determine the percentage of the total land in each State that 
     is owned by the Federal Government or that is held by the 
     Federal Government in trust;
       ``(ii) shall determine the sum of the percentages 
     determined under clause (i) for States with respect to which 
     the percentage is 4.5 or greater; and
       ``(iii) shall determine for each State included in the 
     determination under clause (ii) the percentage obtained by 
     dividing--

       ``(I) the percentage for the State determined under clause 
     (i); by
       ``(II) the sum determined under clause (ii).

       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A)(iii) that is greater than 7.5 percent to 7.5 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among other States included in the 
     determination under subparagraph (A)(ii) in proportion to the 
     percentages for those States determined under subparagraph 
     (A)(iii).
       ``(2) Availability to states.--Except as provided in 
     paragraph (3), for each fiscal year, the Secretary shall make 
     funds available to carry out eligible projects in a State in 
     an amount equal to the amount obtained by multiplying--
       ``(A) the percentage for the State, if any, determined 
     under paragraph (1); by
       ``(B) the funds made available for the program for the 
     fiscal year.
       ``(3) Selection of projects.--The Secretary may establish 
     deadlines for States to submit proposed projects for funding 
     under this section, except that in the case of fiscal year 
     1998 the deadline may not be earlier than January 1, 1998. 
     For each fiscal year, if a State does not have pending, by 
     that deadline, applications for projects with an estimated 
     cost equal to at least 3 times the amount for the State 
     determined under paragraph (2), the Secretary may distribute, 
     to 1 or more other States, at the Secretary's discretion, \1/
     3\ of the amount by which the estimated cost of the State's 
     applications is less than 3 times the amount for the State 
     determined under paragraph (2).
       ``(c) Transfers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a State and the Secretary may agree to transfer amounts 
     made available to a State under this section to the 
     allocations of the State under section 202 for use in 
     carrying out projects on any Federal lands highway that is 
     located in the State.
       ``(2) Special rule.--This paragraph applies to a State that 
     contains a national park that was visited by more than 
     2,500,000 people in 1996 and comprises more than 3,000 square 
     miles of land area, including surface water, that is located 
     in the State. For such a State, 50 percent of the amount that 
     would otherwise be made available to the State for each 
     fiscal year under the program shall be made available only 
     for eligible highway uses in the national park and within the 
     borders of the State. For the purpose of making allocations 
     under section 202(c), the Secretary may not take into account 
     the past or future availability, for use on park roads and 
     parkways in a national park, of funds made available for use 
     in a national park by this paragraph.I20  ``(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 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:


[[Page S11132]]


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

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

       (a) Definitions.--In this section:
       (1) Border region.--The term ``border region'' means--
       (A) the region located within 60 miles of the United States 
     border with Mexico; and
       (B) the region located within 60 miles of the United States 
     border with Canada.
       (2) Border state.--The term ``border State'' means a State 
     of the United States that--
       (A) is located along the border with Mexico; or
       (B) is located along the border with Canada.
       (3) Border station.--The term ``border station'' means a 
     controlled port of entry into the United States located in 
     the United States at the border with Mexico or Canada, 
     consisting of land occupied by the station and the buildings, 
     roadways, and parking lots on the land.
       (4) Federal inspection agency.--The term ``Federal 
     inspection agency'' means a Federal agency responsible for 
     the enforcement of immigration laws (including regulations), 
     customs laws (including regulations), and agriculture import 
     restrictions, including the United States Customs Service, 
     the Immigration and Naturalization Service, the Animal and 
     Plant Health Inspection Service, the Food and Drug 
     Administration, the United States Fish and Wildlife Service, 
     and the Department of State.
       (5) Gateway.--The term ``gateway'' means a grouping of 
     border stations defined by proximity and similarity of trade.
       (6) Non-federal governmental jurisdiction.--The term ``non-
     Federal governmental jurisdiction'' means a regional, State, 
     or local authority involved in the planning, development, 
     provision, or funding of transportation infrastructure needs.
       (b) Border Crossing Planning Incentive Grants.--
       (1) In general.--The Secretary shall make incentive grants 
     to States and to metropolitan planning organizations 
     designated under section 134 of title 23, United States Code.
       (2) Use of grants.--The grants shall be used to encourage 
     joint transportation planning activities and to improve 
     people and vehicle movement into and through international 
     gateways as a supplement to statewide and metropolitan 
     transportation planning funding made available under other 
     provisions of this Act and under title 23, United States 
     Code.
       (3) Condition of grants.--As a condition of receiving a 
     grant under paragraph (1), a State transportation department 
     or a metropolitan planning organization shall certify to the 
     Secretary that it commits to be engaged in joint planning 
     with its counterpart agency in Mexico or Canada.
       (4) Limitation on amount.--Each State transportation 
     department or metropolitan planning organization may receive 
     not more than $100,000 under this subsection for any fiscal 
     year.
       (5) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $1,400,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (c) Trade Corridor Planning Incentive Grants.--
       (1) Grants.--
       (A) In general.--The Secretary shall make grants to States 
     to encourage, within the framework of the statewide 
     transportation planning process of the State under section 
     135 of title 23, United States Code, cooperative multistate 
     corridor analysis of, and planning for, the safe and 
     efficient movement of goods along and within international or 
     interstate trade corridors of national importance.
       (B) Identification of corridors.--Each corridor referred to 
     in subparagraph (A) shall be cooperatively identified by the 
     States along the corridor.
       (2) Corridor plans.--
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), a State shall enter into an agreement with the 
     Secretary that specifies that, in cooperation with the other 
     States along the corridor, the State will submit a plan for 
     corridor improvements to the Secretary not later than 2 years 
     after receipt of the grant.
       (B) Coordination of planning.--Planning with respect to a 
     corridor under this subsection shall be coordinated with 
     transportation planning being carried out by the States and 
     metropolitan planning organizations along the corridor and, 
     to the extent appropriate, with transportation planning being 
     carried out by Federal land management agencies, by tribal 
     governments, or by government agencies in Mexico or Canada.
       (3) Multistate agreements for trade corridor planning.--The 
     consent of Congress is granted to any 2 or more States--
       (A) to enter into multistate agreements, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of interstate trade corridor 
     planning activities; and
       (B) to establish such agencies, joint or otherwise, as the 
     States may determine desirable to make the agreements 
     effective.
       (4) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $3,000,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (d) Federal Assistance for Trade Corridors and Border 
     Infrastructure Safety and Congestion Relief.--
       (1) Applications for grants.--The Secretary shall make 
     grants to States or metropolitan planning organizations that 
     submit an application that--
       (A) demonstrates need for assistance in carrying out 
     transportation projects that are necessary to relieve traffic 
     congestion or improve enforcement of motor carrier safety 
     laws; and
       (B) includes strategies to involve both the public and 
     private sectors in the proposed project.
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--In selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under this subsection, the Secretary shall 
     consider--
       (A) the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of each State as compared 
     to the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of all States;
       (B) the extent to which commercial vehicle traffic in each 
     State has grown since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182) as compared to the extent to which that traffic has 
     grown in each other State;
       (C) the extent of border transportation improvements 
     carried out by each State since the date of enactment of that 
     Act;
       (D) the reduction in commercial and other travel time 
     through a major international gateway expected as a result of 
     the project;
       (E) the extent of leveraging of Federal funds provided 
     under this subsection, including--
       (i) use of innovative financing;
       (ii) combination with funding provided under other sections 
     of this Act and title 23, United States Code; and
       (iii) combination with other sources of Federal, State, 
     local, or private funding;
       (F) improvements in vehicle and highway safety and cargo 
     security in and through the gateway concerned;
       (G) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (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.

[[Page S11133]]

       (e) Coordination of Planning.--
       (1) Planning and development of border stations.--The 
     General Services Administration shall be the coordinating 
     Federal agency in the planning and development of new or 
     expanded border stations.
       (2) Cooperative activities.--In carrying out paragraph (1), 
     the Administrator of General Services shall cooperate with 
     Federal inspection agencies and non-Federal governmental 
     jurisdictions to ensure that--
       (A) improvements to border station facilities take into 
     account regional and local conditions, including the 
     alignment of highway systems and connecting roadways; and
       (B) all facility requirements, associated costs, and 
     economic impacts are identified.
       (f) Cost Sharing.--A grant under this section shall be used 
     to pay the Federal share of the cost of a project. The 
     Federal share shall not exceed 80 percent.
       (g) Use of Unallocated Funds.--If the total amount of funds 
     made available from the Highway Trust Fund under this section 
     but not allocated exceeds $4,000,000 as of September 30 of 
     any year, the excess amount--
       (1) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       (2) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       (3) shall be available for any purpose eligible for funding 
     under section 133 of that title.

     SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

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

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

       (a) In General.--Section 104 of title 23, United States 
     Code (as amended by section 1113(c)(1)), is amended by 
     inserting after subsection (j) the following:
       ``(k) Set-Aside for Interstate 4R and Bridge Projects.--
       ``(1) In general.--For each of fiscal years 1998 through 
     2003, before any apportionment is made under subsection 
     (b)(1), the Secretary shall set aside $107,000,000 from 
     amounts to be apportioned under subsection (b)(1)(A), and 
     $107,000,000 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''.
                                                                    ____


                           Amendment No. 1500

       Beginning on page 5, strike line 1 and all that follows 
     through page 123, line 25, and insert the following:
                    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 $10,851,583,000 for fiscal year 
     1998, $10,680,583,000 for fiscal year 1999, $10,691,883,000 
     for fiscal year 2000, $11,791,883,000 for fiscal year 2001, 
     $12,119,883,000 for fiscal year 2002, and $12,655,883,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $6,609,600,000 for fiscal year 1998, $6,623,600,000 for 
     fiscal year 1999, $6,665,600,000 for fiscal year 2000, 
     $6,722,600,000 for fiscal year 2001, $6,872,600,000 for 
     fiscal year 2002, and $7,093,600,000 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 
     $1,085,863,000 for fiscal year 1998, $1,087,863,000 for 
     fiscal year 1999, $1,094,863,000 for fiscal year 2000, 
     $1,104,863,000 for fiscal year 2001, $1,128,863,000 for 
     fiscal year 2002, and $1,165,863,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

[[Page S11134]]

       ``(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 product obtained by multiplying--

       ``(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; by
       ``(II) the average price per square foot of replacement and 
     rehabilitation of the bridges, as determined by the Secretary 
     on a State-by-State basis; bears to

       ``(ii) the product obtained by multiplying--

       ``(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 all States; by
       ``(II) the average price per square foot of replacement and 
     rehabilitation of the bridges, as determined by the Secretary 
     on a State-by-State basis.

       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the product obtained by multiplying 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 by the average price per square foot of replacement and 
     rehabilitation of the bridges, as determined by the Secretary 
     on a State-by-State basis; bears to
       ``(bb) the product obtained by multiplying 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 by the average price per square foot of replacement 
     and rehabilitation of the bridges, as determined by the 
     Secretary on a State-by-State basis.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--
       ``(I) the product obtained by multiplying--
       ``(aa) 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; by
       ``(bb) the average price per square foot of replacement and 
     rehabilitation of the bridges, as determined by the Secretary 
     on a State-by-State basis; bears to
       ``(II) the product obtained by multiplying--
       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States; by
       ``(bb) the average price per square foot of replacement and 
     rehabilitation of the bridges, as determined by the Secretary 
     on a State-by-State basis.
       ``(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

[[Page S11135]]

     901 of the Taxpayer Relief Act of 1997 shall not be taken 
     into account in determining the apportionments and 
     allocations that any State shall be entitled to receive under 
     the Intermodal Surface Transportation Efficiency Act of 1997 
     and this title .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;
       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;

     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.24 ....

    Arkansas..................................................1.33 ....

    Delaware..................................................0.47 ....

    Hawaii....................................................0.55 ....

    Idaho.....................................................0.82 ....

    Montana...................................................1.06 ....

    Nevada....................................................0.73 ....

    New Hampshire.............................................0.52 ....

    New Jersey................................................2.41 ....

    New Mexico................................................1.05 ....

    North Dakota..............................................0.73 ....

    Rhode Island..............................................0.58 ....

    South Dakota..............................................0.78 ....

    Vermont...................................................0.47 ....

    Wyoming...................................................0.76.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any

[[Page S11136]]

     other provision of law under which Federal-aid highway funds 
     are withheld from apportionment, would be apportioned to a 
     State for a fiscal year under a section referred to in 
     subsection (a) shall be treated as being apportioned in that 
     fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.
       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(2)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(2)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)(A)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--
       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.

     SEC. 1103. OBLIGATION CEILING.

       (a) General Limitations.--Subject to the other provisions 
     of this section and notwithstanding any other provision of 
     law, the total amount of all obligations for Federal-aid 
     highways and highway safety construction programs shall not 
     exceed--
       (1) $21,800,000,000 for fiscal year 1998;
       (2) $22,802,000,000 for fiscal year 1999;
       (3) $22,939,000,000 for fiscal year 2000;
       (4) $23,183,000,000 for fiscal year 2001;
       (5) $23,699,000,000 for fiscal year 2002; and
       (6) $24,548,000,000 for fiscal year 2003.
       (b) Exceptions.--
       (1) In general.--The limitations under subsection (a) shall 
     not apply to obligations of funds under--
       (A) section 105(a) of title 23, United States Code (but, 
     for each of fiscal years 1998 through 2003, only in an amount 
     equal to the amount included for section 157 of title 23, 
     United States Code, in the baseline determined by the 
     Congressional Budget Office for the fiscal year 1998 budget), 
     excluding amounts allocated under section 105(a)(1)(B) of 
     that title;
       (B) section 125 of that title;
       (C) section 157 of that title (as in effect on the day 
     before the date of enactment of this Act);
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (F) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (G) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198); and
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).
       (2) Effect of other law.--A provision of law establishing a 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs may not amend or limit 
     the applicability of this subsection, unless the provision 
     specifically amends or limits that applicability.
       (c) Applicability to Transportation Research Programs.--
     Obligation limitations for Federal-aid highways and highway 
     safety construction programs established by subsection (a) 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code.
       (d) Obligation Authority.--Section 118 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Obligation Authority.--
       ``(1) Distribution.--For each fiscal year, the Secretary 
     shall--
       ``(A) distribute the total amount of obligation authority 
     for Federal-aid highways and highway safety construction 
     programs made available for the fiscal year by allocation in 
     the ratio that--
       ``(i) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to each State for the fiscal year; 
     bears to
       ``(ii) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums authorized

[[Page S11137]]

     to be appropriated for Federal-aid highways that have been 
     apportioned to a State; and
       ``(C) notwithstanding subparagraphs (A) and (B), not 
     distribute--
       ``(i) amounts deducted under section 104(a) for 
     administrative expenses;
       ``(ii) amounts set aside under section 104(k) for 
     Interstate 4R and bridge projects;
       ``(iii) amounts made available under sections 143, 164, 
     165, 204, 206, 207, and 322;
       ``(iv) amounts made available under section 111 of title 
     49;
       ``(v) amounts made available under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.);
       ``(vi) amounts made available under section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938);
       ``(vii) amounts made available under sections 1503, 1603, 
     and 1604 of the Intermodal Surface Transportation Efficiency 
     Act of 1997;
       ``(viii) amounts made available under section 149(d) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 201);
       ``(ix) amounts made available under section 105(a)(1)(A) to 
     the extent that the amounts are subject to any obligation 
     limitation under section 1103(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997;
       ``(x) amounts made available for implementation of programs 
     under chapter 5 of this title and sections 5222, 5232, and 
     5241 of title 49; and
       ``(xi) amounts made available under section 412 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995.
       ``(2) Redistribution.--Notwithstanding paragraph (1), the 
     Secretary shall, after August 1 of each of fiscal years 1998 
     through 2003--
       ``(A) revise a distribution of the funds made available 
     under paragraph (1) for the fiscal year if a State will not 
     obligate the amount distributed during the fiscal year; and
       ``(B) redistribute sufficient amounts to those States able 
     to obligate amounts in addition to the amounts previously 
     distributed during the fiscal year, giving priority to those 
     States that have large unobligated balances of funds 
     apportioned under section 104 and under section 144 (as in 
     effect on the day before the date of enactment of this 
     subparagraph).''.
       (e) Applicability of Obligation Limitations.--An obligation 
     limitation established by a provision of any other Act shall 
     not apply to obligations under a program funded under this 
     Act or title 23, United States Code, unless--
       (1) the provision specifically amends or limits the 
     applicability of this subsection; or
       (2) an obligation limitation is specified in this Act with 
     respect to the program.

     SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION 
                   PROGRAM.

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

     SEC. 1105. EMERGENCY RELIEF.

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

     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.

     SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

       (a) Federal Share Payable.--Section 120 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(j) Use of Federal Land Management Agency Funds.--
     Notwithstanding any other provision of law, the funds 
     appropriated to any Federal land management agency may be 
     used to pay the non-Federal share of the cost of any Federal-
     aid highway project the Federal share of which is funded 
     under section 104.
       ``(k) Use of Federal Lands Highways Program Funds.--
     Notwithstanding any other provision of law, the funds made 
     available to carry out the Federal lands highways program 
     under section 204 may be used to pay the non-Federal share of 
     the cost of any project that is funded under section 104 and 
     that provides access to or within Federal or Indian lands.''.
       (b) Availability of Funds.--Section 203 of title 23, United 
     States Code, is amended by adding at the end the following: 
     ``Notwithstanding any other provision of law, the 
     authorization by the Secretary of engineering and related 
     work for a Federal lands highways program project, or the 
     approval by the Secretary of plans, specifications, and 
     estimates for construction of a Federal lands highways 
     program project, shall be deemed to constitute a contractual 
     obligation of the Federal Government to the pay the Federal 
     share of the cost of the project.''.
       (c) Planning and Agency Coordination.--Section 204 of title 
     23, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Establishment.--
       ``(1) In general.--Recognizing the need for all Federal 
     roads that are public roads to be treated under uniform 
     policies similar to the policies that apply to Federal-aid 
     highways, there is established a coordinated Federal lands 
     highways program that shall apply to public lands highways, 
     park roads and parkways, and Indian reservation roads and 
     bridges.
       ``(2) Transportation planning procedures.--In consultation 
     with the Secretary of each appropriate Federal land 
     management agency, the Secretary shall develop, by rule, 
     transportation planning procedures that are consistent with 
     the metropolitan and statewide planning processes required 
     under sections 134 and 135.
       ``(3) Approval of transportation improvement program.--The 
     transportation improvement program developed as a part of the 
     transportation planning process under this section shall be 
     approved by the Secretary.
       ``(4) Inclusion in other plans.--All regionally significant 
     Federal lands highways program projects--
       ``(A) shall be developed in cooperation with States and 
     metropolitan planning organizations; and

[[Page S11138]]

       ``(B) shall be included in appropriate Federal lands 
     highways program, State, and metropolitan plans and 
     transportation improvement programs.
       ``(5) Inclusion in state programs.--The approved Federal 
     lands highways program transportation improvement program 
     shall be included in appropriate State and metropolitan 
     planning organization plans and programs without further 
     action on the transportation improvement program.
       ``(6) Development of systems.--The Secretary and the 
     Secretary of each appropriate Federal land management agency 
     shall, to the extent appropriate, develop safety, bridge, 
     pavement, and congestion management systems for roads funded 
     under the Federal lands highways program.'';
       (2) in subsection (b), by striking the first 3 sentences 
     and inserting the following: ``Funds available for public 
     lands highways, park roads and parkways, and Indian 
     reservation roads shall be used by the Secretary and the 
     Secretary of the appropriate Federal land management agency 
     to pay for the cost of transportation planning, research, 
     engineering, and construction of the highways, roads, and 
     parkways, or of transit facilities within public lands, 
     national parks, and Indian reservations. In connection with 
     activities under the preceding sentence, the Secretary and 
     the Secretary of the appropriate Federal land management 
     agency may enter into construction contracts and other 
     appropriate contracts with a State or civil subdivision of a 
     State or Indian tribe.'';
       (3) in the first sentence of subsection (e), by striking 
     ``Secretary of the Interior'' and inserting ``Secretary of 
     the appropriate Federal land management agency'';
       (4) in subsection (h), by adding at the end the following:
       ``(8) A project to build a replacement of the federally 
     owned bridge over the Hoover Dam in the Lake Mead National 
     Recreation Area between Nevada and Arizona.'';
       (5) by striking subsection (i) and inserting the following:
       ``(i) Transfers of Costs to Secretaries of Federal Land 
     Management Agencies.--
       ``(1) Administrative costs.--The Secretary shall transfer 
     to the appropriate Federal land management agency from 
     amounts made available for public lands highways such amounts 
     as are necessary to pay necessary administrative costs of the 
     agency in connection with public lands highways.
       ``(2) Transportation planning costs.--The Secretary shall 
     transfer to the appropriate Federal land management agency 
     from amounts made available for public lands highways such 
     amounts as are necessary to pay the cost to the agency to 
     conduct necessary transportation planning for Federal lands, 
     if funding for the planning is not otherwise provided under 
     this section.''; and
       (6) in subsection (j), by striking the second sentence and 
     inserting the following: ``The Indian tribal government, in 
     cooperation with the Secretary of the Interior, and as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall carry out a transportation 
     planning process in accordance with subsection (a).''.

     SEC. 1107. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 205 the following:

     ``Sec. 206. Recreational trails program

       ``(a) Definitions.--
       ``(1) Motorized recreation.--The term `motorized 
     recreation' means off-road recreation using any motor-powered 
     vehicle, except for a motorized wheelchair.
       ``(2) Recreational trail; trail.--The term `recreational 
     trail' or `trail' means a thoroughfare or track across land 
     or snow, used for recreational purposes such as--
       ``(A) pedestrian activities, including wheelchair use;
       ``(B) skating or skateboarding;
       ``(C) equestrian activities, including carriage driving;
       ``(D) nonmotorized snow trail activities, including skiing;
       ``(E) bicycling or use of other human-powered vehicles;
       ``(F) aquatic or water activities; and
       ``(G) motorized vehicular activities, including all-terrain 
     vehicle riding, motorcycling, snowmobiling, use of off-road 
     light trucks, or use of other off-road motorized vehicles.
       ``(b) Program.--In accordance with this section, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the Secretary of Agriculture, shall carry out a program 
     to provide and maintain recreational trails (referred to in 
     this section as the `program').
       ``(c) State Responsibilities.--To be eligible for 
     apportionments under this section--
       ``(1) a State may use apportionments received under this 
     section for construction of new trails crossing Federal lands 
     only if the construction is--
       ``(A) permissible under other law;
       ``(B) necessary and required by a statewide comprehensive 
     outdoor recreation plan required by the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.);
       ``(C) approved by the administering agency of the State 
     designated under paragraph (2); and
       ``(D) approved by each Federal agency charged with 
     management of the affected lands, which approval shall be 
     contingent on compliance by the Federal agency with all 
     applicable laws, including the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1600 et seq.), and the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.);
       ``(2) the Governor of a State shall designate the State 
     agency or agencies that will be responsible for administering 
     apportionments received under this section; and
       ``(3) the State shall establish within the State a State 
     trail advisory committee that represents both motorized and 
     nonmotorized trail users.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--Funds made available under this section 
     shall be obligated for trails and trail-related projects 
     that--
       ``(A) have been planned and developed under the laws, 
     policies, and administrative procedures of each State; and
       ``(B) are identified in, or further a specific goal of, a 
     trail plan or trail plan element included or referenced in a 
     metropolitan transportation plan required under section 134 
     or a statewide transportation plan required under section 
     135, consistent with the statewide comprehensive outdoor 
     recreation plan required by the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
       ``(2) Permissible uses.--Permissible uses of funds made 
     available under this section include--
       ``(A) maintenance and restoration of existing trails;
       ``(B) development and rehabilitation of trailside and 
     trailhead facilities and trail linkages;
       ``(C) purchase and lease of trail construction and 
     maintenance equipment;
       ``(D) construction of new trails;
       ``(E) acquisition of easements and fee simple title to 
     property for trails or trail corridors;
       ``(F) payment of costs to the State incurred in 
     administering the program, but in an amount not to exceed 7 
     percent of the apportionment received by the State for a 
     fiscal year; and
       ``(G) operation of educational programs to promote safety 
     and environmental protection as these objectives relate to 
     the use of trails.
       ``(3) Use of apportionments.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), of the apportionments received for a fiscal 
     year by a State under this section--
       ``(i) 40 percent shall be used for trail or trail-related 
     projects that facilitate diverse recreational trail use 
     within a trail corridor, trailside, or trailhead, regardless 
     of whether the project is for diverse motorized use, for 
     diverse nonmotorized use, or to accommodate both motorized 
     and nonmotorized recreational trail use;
       ``(ii) 30 percent shall be used for uses relating to 
     motorized recreation; and
       ``(iii) 30 percent shall be used for uses relating to 
     nonmotorized recreation.
       ``(B) Small state exclusion.--Any State with a total land 
     area of less than 3,500,000 acres, and in which nonhighway 
     recreational fuel use accounts for less than 1 percent of all 
     such fuel use in the United States, shall be exempted from 
     the requirements of subparagraph (A) upon application to the 
     Secretary by the State demonstrating that the State meets the 
     conditions of this subparagraph.
       ``(C) Waiver authority.--Upon the request of a State trail 
     advisory committee established under subsection (c)(3), the 
     Secretary may waive, in whole or in part, the requirements of 
     subparagraph (A) with respect to the State if the State 
     certifies to the Secretary that the State does not have 
     sufficient projects to meet the requirements of subparagraph 
     (A).
       ``(D) State administrative costs.--State administrative 
     costs eligible for funding under paragraph (2)(F) shall be 
     exempt from the requirements of subparagraph (A).
       ``(e) Environmental Benefit or Mitigation.--To the extent 
     practicable and consistent with the other requirements of 
     this section, a State should give consideration to project 
     proposals that provide for the redesign, reconstruction, 
     nonroutine maintenance, or relocation of trails to benefit 
     the natural environment or to mitigate and minimize the 
     impact to the natural environment.
       ``(f) Federal Share.--
       ``(1) In general.--Subject to the other provisions of this 
     subsection, the Federal share of the cost of a project under 
     this section shall not exceed 80 percent.
       ``(2) Federal agency project sponsor.--Notwithstanding any 
     other provision of law, a Federal agency that sponsors a 
     project under this section may contribute additional Federal 
     funds toward the cost of a project, except that--
       ``(A) the share attributable to the Secretary of 
     Transportation may not exceed 80 percent; and
       ``(B) the share attributable to the Secretary and the 
     Federal agency jointly may not exceed 95 percent.
       ``(3) Use of funds from federal programs to provide non-
     federal share.--Notwithstanding any other provision of law, 
     amounts made available by the Federal Government under any 
     Federal program that are--
       ``(A) expended in accordance with the requirements of the 
     Federal program relating to activities funded and populations 
     served; and
       ``(B) expended on a project that is eligible for assistance 
     under this section;


[[Page S11139]]


     may be credited toward the non-Federal share of the cost of 
     the project.
       ``(4) Programmatic non-federal share.--A State may allow 
     adjustments to the non-Federal share of an individual project 
     under this section if the Federal share of the cost of all 
     projects carried out by the State under the program 
     (excluding projects funded under paragraph (2) or (3)) using 
     funds apportioned to the State for a fiscal year does not 
     exceed 80 percent.
       ``(5) State administrative costs.--The Federal share of the 
     administrative costs of a State under this subsection shall 
     be determined in accordance with section 120(b).
       ``(g) Uses Not Permitted.--A State may not obligate funds 
     apportioned under this section for--
       ``(1) condemnation of any kind of interest in property;
       ``(2) construction of any recreational trail on National 
     Forest System land for any motorized use unless--
       ``(A) the land has been apportioned for uses other than 
     wilderness by an approved forest land and resource management 
     plan or has been released to uses other than wilderness by an 
     Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved forest land and resource 
     management plan;
       ``(3) construction of any recreational trail on Bureau of 
     Land Management land for any motorized use unless the land--
       ``(A) has been apportioned for uses other than wilderness 
     by an approved Bureau of Land Management resource management 
     plan or has been released to uses other than wildernessK by 
     an Act of Congress; and
       ``(B) the construction is otherwise consistent with the 
     management direction in the approved management plan; or
       ``(4) upgrading, expanding, or otherwise facilitating 
     motorized use or access to trails predominantly used by 
     nonmotorized trail users and on which, as of May 1, 1991, 
     motorized use is prohibited or has not occurred.
       ``(h) Project Administration.--
       ``(1) Credit for donations of funds, materials, services, 
     or new right-of-way.--
       ``(A) In general.--Nothing in this title or other law shall 
     prevent a project sponsor from offering to donate funds, 
     materials, services, or a new right-of-way for the purposes 
     of a project eligible for assistance under this section. Any 
     funds, or the fair market value of any materials, services, 
     or new right-of-way, may be donated by any project sponsor 
     and shall be credited to the non-Federal share in accordance 
     with subsection (f).
       ``(B) Federal project sponsors.--Any funds or the fair 
     market value of any materials or services may be provided by 
     a Federal project sponsor and shall be credited to the 
     Federal agency's share in accordance with subsection (f).
       ``(2) Recreational purpose.--A project funded under this 
     section is intended to enhance recreational opportunity and 
     is not subject to section 138 of this title or section 303 of 
     title 49.
       ``(3) Continuing recreational use.--At the option of each 
     State, funds made available under this section may be treated 
     as Land and Water Conservation Fund apportionments for the 
     purposes of section 6(f)(3) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
       ``(4) Cooperation by private persons.--
       ``(A) Written assurances.--As a condition of making 
     available apportionments for work on recreational trails that 
     would affect privately owned land, a State shall obtain 
     written assurances that the owner of the land will cooperate 
     with the State and participate as necessary in the activities 
     to be conducted.
       ``(B) Public access.--Any use of the apportionments to a 
     State under this section on privately owned land must be 
     accompanied by an easement or other legally binding agreement 
     that ensures public access to the recreational trail 
     improvements funded by the apportionments.
       ``(i) Apportionment.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State that meets the 
     requirements of subsection (c).
       ``(2) Apportionment.--Subject to subsection (j), for each 
     fiscal year, the Secretary shall apportion--
       ``(A) 50 percent of the amounts made available to carry out 
     this section equally among eligible States; and
       ``(B) 50 percent of the amounts made available to carry out 
     this section among eligible States in proportion to the 
     quantity of nonhighway recreational fuel used in each 
     eligible State during the preceding year.
       ``(j) Administrative Costs.--
       ``(1) In general.--Whenever an apportionment is made under 
     subsection (i) of the amounts made available to carry out 
     this section, the Secretary shall first deduct an amount, not 
     to exceed 1 percent of the authorized amounts, to pay the 
     costs to the Secretary for administration of, and research 
     authorized under, the program.
       ``(2) Use of contracts.--To carry out research funded under 
     paragraph (1), the Secretary may--
       ``(A) enter into contracts with for-profit organizations; 
     and
       ``(B) enter into contracts, partnerships, or cooperative 
     agreements with other government agencies, institutions of 
     higher learning, or nonprofit organizations.
       ``(k) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $17,000,000 for fiscal year 1998, 
     $20,000,000 for fiscal year 1999, $22,000,000 for fiscal year 
     2000, $23,000,000 for fiscal year 2001, $24,000,000 for 
     fiscal year 2002, and $25,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that the Federal share of the cost of a project under 
     this section shall be determined in accordance with this 
     section.''.
       (b) Conforming Amendments.--
       (1) The Intermodal Surface Transportation Efficiency Act of 
     1991 is amended by striking part B of title I (16 U.S.C. 1261 
     et seq.).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 206 
     and inserting the following:

``206. Recreational trails program.''.

     SEC. 1108. VALUE PRICING PILOT PROGRAM.

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

       ``(I) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       ``(II) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       ``(III) shall be available for any purpose eligible for 
     funding under section 133 of that title.

       ``(C) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of any project under this subsection and the 
     availability of funds authorized by this paragraph shall 
     be determined in accordance with this subsection.''.
       (g) Conforming Amendments.--Section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended--
       (1) in paragraph (1), by striking ``projects'' each place 
     it appears and inserting ``programs''; and
       (2) in paragraph (5)--
       (A) by striking ``projects'' and inserting ``programs''; 
     and
       (B) by striking ``traffic, volume'' and inserting ``traffic 
     volume''.

[[Page S11140]]

     SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

       (a) In General.--Section 143 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 143. Highway use tax evasion projects

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

``143. Highway use tax evasion projects.''.

       (2) Section 1040 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) 
     is repealed.
       (3) Section 8002 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) 
     is amended--
       (A) in the first sentence of subsection (g), by striking 
     ``section 1040 of this Act'' and inserting ``section 143 of 
     title 23, United States Code,''; and
       (B) by striking subsection (h).

     SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

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

     SEC. 1111. DISADVANTAGED BUSINESS ENTERPRISES.

       (a) General Rule.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     made available for any program under titles I 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 subsection (a) and the 
     location of such concerns in the State and notify the 
     Secretary, in writing, of the percentage of such concerns 
     which are controlled by women, by socially and economically 
     disadvantaged individuals (other than women), and by 
     individuals who are women and are otherwise socially and 
     economically disadvantaged individuals.
       (d) Uniform Certification.--The Secretary shall establish 
     minimum uniform criteria for State governments to use in 
     certifying whether a concern qualifies for purposes of this 
     section. Such minimum uniform criteria shall include but not 
     be limited to on-site visits, personal interviews, licenses, 
     analysis of stock ownership, listing of equipment, analysis 
     of bonding capacity, listing of work completed, resume of 
     principal owners, financial capacity, and type of work 
     preferred.

     SEC. 1112. FEDERAL SHARE PAYABLE.

       Section 120 of title 23, United States Code (as amended by 
     section 1106(a)), is amended--
       (1) in each of subsections (a) and (b), by adding at the 
     end the following: ``In the case of any project subject to 
     this subsection, a State may determine a lower Federal share 
     than the Federal share determined under the preceding 
     sentences of this subsection.''; and
       (2) by adding at the end the following:
       ``(l) Credit for Non-Federal Share.--
       ``(1) Eligibility.--A State may use as a credit toward the 
     non-Federal share requirement for any program under the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240) or this title, other than the emergency 
     relief program authorized by section 125, toll revenues that 
     are generated and used by public, quasi-public, and private 
     agencies to build, improve, or maintain, without the use of 
     Federal funds, highways, bridges, or tunnels that serve the 
     public purpose of interstate commerce.
       ``(2) Maintenance of effort.--
       ``(A) In general.--The credit toward any non-Federal share 
     under paragraph (1) shall not reduce nor replace State funds 
     required

[[Page S11141]]

     to match Federal funds for any program under this title.
       ``(B) Conditions on receipt of credit.--
       ``(i) Agreement with the secretary.--To receive a credit 
     under paragraph (1) for a fiscal year, a State shall enter 
     into such agreements as the Secretary may require to ensure 
     that the State will maintain its non-Federal transportation 
     capital expenditures at or above the average level of such 
     expenditures for the preceding 3 fiscal years.
       ``(ii) Exception.--Notwithstanding clause (i), a State may 
     receive a credit under paragraph (1) for a fiscal year if, 
     for any 1 of the preceding 3 fiscal years, the non-Federal 
     transportation capital expenditures of the State were at a 
     level that was greater than 30 percent of the average level 
     of such expenditures for the other 2 of the preceding 3 
     fiscal years.
       ``(3) Treatment.--
       ``(A) In general.--Use of the credit toward a non-Federal 
     share under paragraph (1) shall not expose the agencies from 
     which the credit is received to additional liability, 
     additional regulation, or additional administrative 
     oversight.
       ``(B) Chartered multistate agencies.--When credit is 
     applied from a chartered multistate agency under paragraph 
     (1), the credit shall be applied equally to all charter 
     States.
       ``(C) No additional standards.--A public, quasi-public, or 
     private agency from which the credit for which the non-
     Federal share is calculated under paragraph (1) shall not be 
     subject to any additional Federal design standards or laws 
     (including regulations) as a result of providing the credit 
     beyond the standards and laws to which the agency is already 
     subject.''.

     SEC. 1113. STUDIES AND REPORTS.

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

     SEC. 1114. DEFINITIONS.

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

     SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code 
     (as amended by section 1107(a)), is amended by inserting 
     after section 206 the following:

     ``Sec. 207. Cooperative Federal Lands Transportation Program

       ``(a) In General.--There is established the Cooperative 
     Federal Lands Transportation Program (referred to in this 
     section as the `program'). Funds available for the program 
     may be used for projects, or portions of projects, on 
     highways that are owned or maintained by States or political 
     subdivisions of States and that cross, are adjacent to, or 
     lead to federally owned land or Indian reservations 
     (including Army Corps of Engineers reservoirs), as determined 
     by the State. Such projects shall be proposed by a State and 
     selected by the Secretary. A project proposed by a State 
     under this section shall be on a highway or bridge owned or 
     maintained by the State, or 1 or more political subdivisions 
     of the State, and may be a highway or bridge construction or 
     maintenance project eligible under this title or any project 
     of a type described in section 204(h).
       ``(b) Distribution of Funds for Projects.--
       ``(1) In general.--
       ``(A) In general.--The Secretary--
       ``(i) after consultation with the Administrator of General 
     Services, the Secretary of the Interior, and other agencies 
     as appropriate (including the Army Corps of Engineers), shall 
     determine the percentage of the total land in each State that 
     is owned by the Federal Government or that is held by the 
     Federal Government in trust;
       ``(ii) shall determine the sum of the percentages 
     determined under clause (i) for States with respect to which 
     the percentage is 4.5 or greater; and
       ``(iii) shall determine for each State included in the 
     determination under clause (ii) the percentage obtained by 
     dividing--

       ``(I) the percentage for the State determined under clause 
     (i); by
       ``(II) the sum determined under clause (ii).

       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A)(iii) that is greater than 7.5 percent to 7.5 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among other States included in the 
     determination under subparagraph (A)(ii) in proportion to the 
     percentages for those States determined under subparagraph 
     (A)(iii).
       ``(2) Availability to states.--Except as provided in 
     paragraph (3), for each fiscal year, the Secretary shall make 
     funds available to carry out eligible projects in a State in 
     an amount equal to the amount obtained by multiplying--
       ``(A) the percentage for the State, if any, determined 
     under paragraph (1); by
       ``(B) the funds made available for the program for the 
     fiscal year.
       ``(3) Selection of projects.--The Secretary may establish 
     deadlines for States to submit proposed projects for funding 
     under this section, except that in the case of fiscal year 
     1998 the deadline may not be earlier than January 1, 1998. 
     For each fiscal year, if a State does not have pending, by 
     that deadline, applications for projects with an estimated 
     cost equal to at least 3 times the amount for the State 
     determined under paragraph (2), the Secretary may distribute, 
     to 1 or more other States, at the Secretary's discretion, \1/
     3\ of the amount by which the estimated cost of the State's 
     applications is less than 3 times the amount for the State 
     determined under paragraph (2).
       ``(c) Transfers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a State and the Secretary may agree to transfer amounts 
     made available to a State under this section to the 
     allocations of the State under section 202 for use in 
     carrying out projects on any Federal lands highway that is 
     located in the State.
       ``(2) Special rule.--This paragraph applies to a State that 
     contains a national park that was visited by more than 
     2,500,000 people in 1996 and comprises more than 3,000 square 
     miles of land area, including surface water, that is located 
     in the State. For such a

[[Page S11142]]

     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.I20  ``(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 available for obligation in the same 
     manner as if the funds were apportioned under chapter 1.''.
       (b) Conforming Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 207 and inserting the following:

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

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

       (a) Definitions.--In this section:
       (1) Border region.--The term ``border region'' means--
       (A) the region located within 60 miles of the United States 
     border with Mexico; and
       (B) the region located within 60 miles of the United States 
     border with Canada.
       (2) Border state.--The term ``border State'' means a State 
     of the United States that--
       (A) is located along the border with Mexico; or
       (B) is located along the border with Canada.
       (3) Border station.--The term ``border station'' means a 
     controlled port of entry into the United States located in 
     the United States at the border with Mexico or Canada, 
     consisting of land occupied by the station and the buildings, 
     roadways, and parking lots on the land.
       (4) Federal inspection agency.--The term ``Federal 
     inspection agency'' means a Federal agency responsible for 
     the enforcement of immigration laws (including regulations), 
     customs laws (including regulations), and agriculture import 
     restrictions, including the United States Customs Service, 
     the Immigration and Naturalization Service, the Animal and 
     Plant Health Inspection Service, the Food and Drug 
     Administration, the United States Fish and Wildlife Service, 
     and the Department of State.
       (5) Gateway.--The term ``gateway'' means a grouping of 
     border stations defined by proximity and similarity of trade.
       (6) Non-federal governmental jurisdiction.--The term ``non-
     Federal governmental jurisdiction'' means a regional, State, 
     or local authority involved in the planning, development, 
     provision, or funding of transportation infrastructure needs.
       (b) Border Crossing Planning Incentive Grants.--
       (1) In general.--The Secretary shall make incentive grants 
     to States and to metropolitan planning organizations 
     designated under section 134 of title 23, United States Code.
       (2) Use of grants.--The grants shall be used to encourage 
     joint transportation planning activities and to improve 
     people and vehicle movement into and through international 
     gateways as a supplement to statewide and metropolitan 
     transportation planning funding made available under other 
     provisions of this Act and under title 23, United States 
     Code.
       (3) Condition of grants.--As a condition of receiving a 
     grant under paragraph (1), a State transportation department 
     or a metropolitan planning organization shall certify to the 
     Secretary that it commits to be engaged in joint planning 
     with its counterpart agency in Mexico or Canada.
       (4) Limitation on amount.--Each State transportation 
     department or metropolitan planning organization may receive 
     not more than $100,000 under this subsection for any fiscal 
     year.
       (5) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $1,400,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (c) Trade Corridor Planning Incentive Grants.--
       (1) Grants.--
       (A) In general.--The Secretary shall make grants to States 
     to encourage, within the framework of the statewide 
     transportation planning process of the State under section 
     135 of title 23, United States Code, cooperative multistate 
     corridor analysis of, and planning for, the safe and 
     efficient movement of goods along and within international or 
     interstate trade corridors of national importance.
       (B) Identification of corridors.--Each corridor referred to 
     in subparagraph (A) shall be cooperatively identified by the 
     States along the corridor.
       (2) Corridor plans.--
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), a State shall enter into an agreement with the 
     Secretary that specifies that, in cooperation with the other 
     States along the corridor, the State will submit a plan for 
     corridor improvements to the Secretary not later than 2 years 
     after receipt of the grant.
       (B) Coordination of planning.--Planning with respect to a 
     corridor under this subsection shall be coordinated with 
     transportation planning being carried out by the States and 
     metropolitan planning organizations along the corridor and, 
     to the extent appropriate, with transportation planning being 
     carried out by Federal land management agencies, by tribal 
     governments, or by government agencies in Mexico or Canada.
       (3) Multistate agreements for trade corridor planning.--The 
     consent of Congress is granted to any 2 or more States--
       (A) to enter into multistate agreements, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of interstate trade corridor 
     planning activities; and
       (B) to establish such agencies, joint or otherwise, as the 
     States may determine desirable to make the agreements 
     effective.
       (4) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $3,000,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (d) Federal Assistance for Trade Corridors and Border 
     Infrastructure Safety and Congestion Relief.--
       (1) Applications for grants.--The Secretary shall make 
     grants to States or metropolitan planning organizations that 
     submit an application that--
       (A) demonstrates need for assistance in carrying out 
     transportation projects that are necessary to relieve traffic 
     congestion or improve enforcement of motor carrier safety 
     laws; and
       (B) includes strategies to involve both the public and 
     private sectors in the proposed project.
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--In selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under this subsection, the Secretary shall 
     consider--
       (A) the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of each State as compared 
     to the annual volume of commercial vehicle traffic at the 
     border stations or ports of entry of all States;
       (B) the extent to which commercial vehicle traffic in each 
     State has grown since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182) as compared to the extent to which that traffic has 
     grown in each other State;
       (C) the extent of border transportation improvements 
     carried out by each State since the date of enactment of that 
     Act;
       (D) the reduction in commercial and other travel time 
     through a major international gateway expected as a result of 
     the project;
       (E) the extent of leveraging of Federal funds provided 
     under this subsection, including--
       (i) use of innovative financing;
       (ii) combination with funding provided under other sections 
     of this Act and title 23, United States Code; and
       (iii) combination with other sources of Federal, State, 
     local, or private funding;
       (F) improvements in vehicle and highway safety and cargo 
     security in and through the gateway concerned;
       (G) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (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;

[[Page S11143]]

       (v) purchase, installation, and maintenance of weigh-in-
     motion devices and associated electronic equipment in Mexico 
     or Canada if real time data from the devices is provided to 
     the nearest border station and to State commercial vehicle 
     enforcement facilities that serve the border station; and
       (vi) other institutional improvements, such as coordination 
     of binational planning, programming, and border operation, 
     with special emphasis on coordination with--

       (I) Federal inspection agencies; and
       (II) their counterpart agencies in Mexico and Canada.

       (4) Construction of transportation infrastructure for law 
     enforcement purposes.--At the request of the Administrator of 
     General Services, in consultation with the Attorney General, 
     the Secretary may transfer, during the period of fiscal years 
     1998 through 2001, not more than $10,000,000 of the amounts 
     made available under paragraph (5) to the Administrator of 
     General Services for the construction of transportation 
     infrastructure necessary for law enforcement in border 
     States.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $125,000,000 
     for each of fiscal years 1998 through 2003.
       (e) Coordination of Planning.--
       (1) Planning and development of border stations.--The 
     General Services Administration shall be the coordinating 
     Federal agency in the planning and development of new or 
     expanded border stations.
       (2) Cooperative activities.--In carrying out paragraph (1), 
     the Administrator of General Services shall cooperate with 
     Federal inspection agencies and non-Federal governmental 
     jurisdictions to ensure that--
       (A) improvements to border station facilities take into 
     account regional and local conditions, including the 
     alignment of highway systems and connecting roadways; and
       (B) all facility requirements, associated costs, and 
     economic impacts are identified.
       (f) Cost Sharing.--A grant under this section shall be used 
     to pay the Federal share of the cost of a project. The 
     Federal share shall not exceed 80 percent.
       (g) Use of Unallocated Funds.--If the total amount of funds 
     made available from the Highway Trust Fund under this section 
     but not allocated exceeds $4,000,000 as of September 30 of 
     any year, the excess amount--
       (1) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       (2) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       (3) shall be available for any purpose eligible for funding 
     under section 133 of that title.

     SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

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

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

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

[[Page S11144]]

     seismic retrofit of the bridge made available after the date 
     of expenditure.
       ``(5) Period of availability of discretionary funds.--
     Amounts made available under this subsection shall remain 
     available until expended.''.
       (b) Conforming Amendment.--Section 118 of title 23, United 
     States Code, is amended by striking subsection (c).

     SEC. 1119. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY 
                   DEPLOYMENT PROGRAM.

       (a) In General.--Chapter 3 of title 23, United States Code, 
     is amended by inserting after section 321 the following:

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

       ``(a) Definitions.--In this section:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means the capital cost of the fixed guideway 
     infrastructure of a MAGLEV project, including land, piers, 
     guideways, propulsion equipment and other components attached 
     to guideways, power distribution facilities (including 
     substations), control and communications facilities, access 
     roads, and storage, repair, and maintenance facilities, but 
     not including costs incurred for a new station.
       ``(2) Full project costs.--The term `full project costs' 
     means the total capital costs of a MAGLEV project, including 
     eligible project costs and the costs of stations, vehicles, 
     and equipment.
       ``(3) MAGLEV.--The term `MAGLEV' means transportation 
     systems employing magnetic levitation that would be capable 
     of safe use by the public at a speed in excess of 240 miles 
     per hour.
       ``(4) Partnership potential.--The term `partnership 
     potential' has the meaning given the term in the commercial 
     feasibility study of high-speed ground transportation 
     conducted under section 1036 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 1978).
       ``(b) Assistance.--
       ``(1) In general.--The Secretary shall make available 
     financial assistance to provide the Federal share of full 
     project costs of eligible projects selected under this 
     section.
       ``(2) Federal share.--The Federal share of full project 
     costs under paragraph (1) shall be not more than \2/3\.
       ``(3) Use of assistance.--Financial assistance provided 
     under paragraph (1) shall be used only to pay eligible 
     project costs of projects selected under this section.
       ``(c) Solicitation of Applications for Assistance.--Not 
     later than 180 days after the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997, the 
     Secretary shall solicit applications from States, or 
     authorities designated by 1 or more States, for financial 
     assistance authorized by subsection (b) for planning, design, 
     and construction of eligible MAGLEV projects.
       ``(d) Project Eligibility.--To be eligible to receive 
     financial assistance under subsection (b), a project shall--
       ``(1) involve a segment or segments of a high-speed ground 
     transportation corridor that exhibit partnership potential;
       ``(2) require an amount of Federal funds for project 
     financing that will not exceed the sum of--
       ``(A) the amounts made available under subsection 
     (h)(1)(A); and
       ``(B) the amounts made available by States under subsection 
     (h)(4);
       ``(3) result in an operating transportation facility that 
     provides a revenue producing service;
       ``(4) be undertaken through a public and private 
     partnership, with at least \1/3\ of full project costs paid 
     using non-Federal funds;
       ``(5) satisfy applicable statewide and metropolitan 
     planning requirements;
       ``(6) be approved by the Secretary based on an application 
     submitted to the Secretary by a State or authority designated 
     by 1 or more States;
       ``(7) to the extent that non-United States MAGLEV 
     technology is used within the United States, be carried out 
     as a technology transfer project; and
       ``(8) be carried out using materials at least 70 percent of 
     which are manufactured in the United States.
       ``(e) Project Selection Criteria.--Prior to soliciting 
     applications, the Secretary shall establish criteria for 
     selecting which eligible projects under subsection (d) will 
     receive financial assistance under subsection (b). The 
     criteria shall include the extent to which--
       ``(1) a project is nationally significant, including the 
     extent to which the project will demonstrate the feasibility 
     of deployment of MAGLEV technology throughout the United 
     States;
       ``(2) timely implementation of the project will reduce 
     congestion in other modes of transportation and reduce the 
     need for additional highway or airport construction;
       ``(3) States, regions, and localities financially 
     contribute to the project;
       ``(4) implementation of the project will create new jobs in 
     traditional and emerging industries;
       ``(5) the project will augment MAGLEV networks identified 
     as having partnership potential;
       ``(6) financial assistance would foster public and private 
     partnerships for infrastructure development and attract 
     private debt or equity investment;
       ``(7) financial assistance would foster the timely 
     implementation of a project; and
       ``(8) life-cycle costs in design and engineering are 
     considered and enhanced.
       ``(f) Project Selection.--Not later than 90 days after a 
     deadline established by the Secretary for the receipt of 
     applications, the Secretary shall evaluate the eligible 
     projects in accordance with the selection criteria and select 
     1 eligible project for financial assistance.
       ``(g) Joint Ventures.--A project undertaken by a joint 
     venture of United States and non-United States persons 
     (including a project involving the deployment of non-United 
     States MAGLEV technology in the United States) shall be 
     eligible for financial assistance under this section if the 
     project is eligible under subsection (d) and selected under 
     subsection (f).
       ``(h) Funding.--
       ``(1) In general.--
       ``(A) Authorization of contract authority.--
       ``(i) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $10,000,000 for fiscal year 1999 and 
     $20,000,000 for fiscal year 2000.
       ``(ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--

       ``(I) the Federal share of the cost of a project carried 
     out under this section shall be determined in accordance with 
     subsection (b); and
       ``(II) the availability of the funds shall be determined in 
     accordance with paragraph (2).

       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account) to carry out this 
     section $200,000,000 for each of fiscal years 2000 and 2001, 
     $250,000,000 for fiscal year 2002, and $300,000,000 for 
     fiscal year 2003.
       ``(2) Availability of funds.--Funds made available under 
     paragraph (1) shall remain available until expended.
       ``(3) Other federal funds.--Notwithstanding any other 
     provision of law, funds made available to a State to carry 
     out the surface transportation program under section 133 and 
     the congestion mitigation and air quality improvement program 
     under section 149 may be used by the State to pay a portion 
     of the full project costs of an eligible project selected 
     under this section, without requirement for non-Federal 
     funds.
       ``(4) Other assistance.--Notwithstanding any other 
     provision of law, an eligible project selected under this 
     section shall be eligible for other forms of financial 
     assistance provided under this title and the Transportation 
     Infrastructure Finance and Innovation Act of 1997, including 
     loans, loan guarantees, and lines of credit.''.
       (b) Conforming Amendment.--The analysis for chapter 3 of 
     title 23, United States Code, is amended by inserting after 
     the item relating to section 321 the following:

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

     SEC. 1120. WOODROW WILSON MEMORIAL BRIDGE.

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

[[Page S11145]]

     ``SEC. 412. FEDERAL CONTRIBUTION.

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

     SEC. 1121. NATIONAL HIGHWAY SYSTEM COMPONENTS.

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

     SEC. 1122. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.

       (a) In General.--Section 144 of title 23, United States 
     Code, is amended--
       (1) in the section heading, by striking ``program'';
       (2) by striking subsections (a) through (n), (p), and (q);
       (3) by inserting after the section heading the following:
       ``(a) Definition of Rehabilitate.--In this section, the 
     term `rehabilitate' (in any of its forms), with respect to a 
     bridge, means to carry out major work necessary--
       ``(1) to address the structural deficiencies, functional 
     obsolescence, or physical deterioration of the bridge; or
       ``(2) to correct a major safety defect of the bridge, 
     including seismic retrofitting.
       ``(b) Bridge Inventory.--
       ``(1) In general.--In consultation with the States, the 
     Secretary shall--
       ``(A) annually inventory all highway bridges on public 
     roads that cross waterways, other topographical barriers, 
     other highways, and railroads;
       ``(B) classify each such bridge according to 
     serviceability, safety, and essentiality for public use;
       ``(C) assign each such bridge a priority for replacement or 
     rehabilitation based on the classification under subparagraph 
     (B); and
       ``(D) determine the cost of replacing each such bridge with 
     a comparable facility or the cost of rehabilitating the 
     bridge.
       ``(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''.
                                                                    ____


                           Amendment No. 1501

       At the appropriate place, insert the following:
                    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 $11,424,610,000 for fiscal year 
     1998, $11,253,610,000 for fiscal year 1999, $11,264,910,000 
     for fiscal year 2000, $11,364,910,000 for fiscal year 2001, 
     $11,692,910,000 for fiscal year 2002, and $12,228,910,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (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 that 
     are open to traffic on the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997 in 
     each State; bears to
       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes that are open to traffic on the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997 in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete

[[Page S11146]]

     bridges on principal arterial routes (excluding bridges on 
     Interstate System routes) 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) 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.''
                                                                    ____


                           Amendment No. 1502

       Beginning on page 5, strike line 1 and all that follows 
     through page 20, line 25, and insert the following:
                    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 $9,962,005,000 for fiscal year 
     1998, $9,791,005,000 for fiscal year 1999, $9,802,305,000 for 
     fiscal year 2000, $9,902,305,000 for fiscal year 2001, 
     $10,230,305,000 for fiscal year 2002, and $10,766,305,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (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) 34 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States;

       ``(ii) 34 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States; and

       ``(iii) 32 percent in the ratio that--

       ``(I) the total miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than on 
     routes on toll roads not subject to an agreement with the 
     Secretary under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692)); or
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     that are in less than good condition (as determined by the 
     Secretary) in each State; bears to
       ``(II) the total of all such miles 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 funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 20 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) 18 percent of the apportionments in the ratio that--

       ``(aa) the total miles of principal arterial routes 
     (excluding Interstate System routes) that are in less than 
     good condition (as determined by the Secretary) in each 
     State; bears to
       ``(bb) the total miles of principal arterial routes 
     (excluding Interstate System routes) that are in less than 
     good condition (as determined by the Secretary) in 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.--

[[Page S11147]]

       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the total miles of Federal-aid highways that are in 
     less than good condition (as determined by the Secretary) in 
     each State; bears to
       ``(II) the total miles of Federal-aid highways that are in 
     less than good condition (as determined by the Secretary) in 
     all States.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
                                                                    ____


                           Amendment No. 1503

       Beginning on page 5, strike line 1 and all that follows 
     through page 20, line 25, and insert the following:
                    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 $10,406,192,000 for fiscal year 
     1998, $10,235,192,000 for fiscal year 1999, $10,246,492,000 
     for fiscal year 2000, $10,346,492,000 for fiscal year 2001, 
     $10,674,492,000 for fiscal year 2002, and $11,210,492,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (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) 34 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);


[[Page S11148]]



     in each State; bears to

       ``(II) the total of all such lane miles in all States;

       ``(ii) 34 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States; and

       ``(iii) 32 percent in the ratio that--
       ``(I) The total ton-miles of through shipment by truck in 
     each State; bears to
       ``(II) the total ton-miles of through shipments by truck 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 funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(E) Definition of through shipment.--In this paragraph 
     the term `through shipment' means a shipment of property that 
     originates outside a State, travels through the State, and 
     terminates outside the State.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area under 
     subpart 2 of part D of title I of the Clean Air Act (42 
     U.S.C. 7511 et seq.);
       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--
       ``(I) the total ton-miles of through shipments by truck in 
     each State, bears to
       ``(II) the total ton-miles of shipments by truck in all 
     States.
       ``(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.''.
       ``(D) Definition of through shipment.--In this paragraph 
     the term `through shipment' means a shipment of property or 
     special purpose equipment that originates outside a State, 
     travels through the State, and terminates outside the 
     State.''.
       (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,

[[Page S11149]]

     deposits into the Highway Trust Fund resulting from the 
     amendments made by section 901 of the Taxpayer Relief Act of 
     1997 shall not be taken into account in determining the 
     apportionments and allocations that any State shall be 
     entitled to receive under the Intermodal Surface 
     Transportation Efficiency Act of 1997 and this title .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
                                                                    ____


                           Amendment No. 1504

       Beginning on page 5, strike line 1 and all that follows 
     through page 106, line 25, and insert the following:
                    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 $11,844,359,000 for fiscal year 
     1998, $11,658,000,000 for fiscal year 1999, $11,668,000,000 
     for fiscal year 2000, $11,768,000,000 for fiscal year 2001, 
     $12,170,000,000 for fiscal year 2002, and $12,700,000,000 for 
     fiscal year 2003, of which--
       (A) $4,600,000,000 for fiscal year 1998, $4,609,000,000 for 
     fiscal year 1999, $4,637,000,000 for fiscal year 2000, 
     $4,674,000,000 for fiscal year 2001, $4,773,000,000 for 
     fiscal year 2002, and $4,918,000,000 for fiscal year 2003 
     shall be available for the Interstate maintenance component; 
     and
       (B) $1,400,000,000 for fiscal year 1998, $1,403,000,000 for 
     fiscal year 1999, $1,411,000,000 for fiscal year 2000, 
     $1,423,000,000 for fiscal year 2001, $1,453,000,000 for 
     fiscal year 2002, and $1,497,000,000 for fiscal year 2003 
     shall be available for the Interstate bridge component.
       (2) Surface transportation program.--For the surface 
     transportation program under section 133 of that title 
     $7,000,000,000 for fiscal year 1998, $7,014,000,000 for 
     fiscal year 1999, $7,056,000,000 for fiscal year 2000, 
     $7,113,000,000 for fiscal year 2001, $7,263,000,000 for 
     fiscal year 2002, and $7,484,000,000 for fiscal year 2003.
       (3) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title 
     $1,150,000,000 for fiscal year 1998, $1,152,000,000 for 
     fiscal year 1999, $1,159,000,000 for fiscal year 2000, 
     $1,169,000,000 for fiscal year 2001, $1,193,000,000 for 
     fiscal year 2002, and $1,230,000,000 for fiscal year 2003.
       (4) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title $200,000,000 for each of 
     fiscal years 1998 through 2003.
       (B) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title $90,000,000 for each of 
     fiscal years 1998 through 2003.
       (C) Public lands highways.--For public lands highways under 
     section 204 of that title $172,000,000 for each of fiscal 
     years 1998 through 2003.
       (D) Cooperative federal lands transportation program.--For 
     the Cooperative Federal Lands Transportation Program under 
     section 207 of that title $74,000,000 for each of fiscal 
     years 1998 through 2003.

     SEC. 1102. APPORTIONMENTS.

       (a) In General.--Section 104 of title 23, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Apportionments.--On October 1 of each fiscal year, 
     the Secretary, after making the deduction authorized by 
     subsection (a) and the set-asides authorized by subsection 
     (f), shall apportion the remainder of the sums authorized to 
     be appropriated for expenditure on the National Highway 
     System, the congestion mitigation and air quality improvement 
     program, and the surface transportation program, for that 
     fiscal year, among the States in the following manner:
       ``(1) Interstate and national highway system program.--
       ``(A) Interstate maintenance component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing the Interstate 
     System--
       ``(i) 50 percent in the ratio that--

       ``(I) the total lane miles on Interstate System routes 
     designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to

       ``(II) the total of all such lane miles in all States; and

       ``(ii) 50 percent in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on 
     Interstate System routes designated under--

       ``(aa) section 103;
       ``(bb) section 139(a) before March 9, 1984 (other than 
     routes on toll roads not subject to a Secretarial agreement 
     under section 105 of the Federal-Aid Highway Act of 1978 (92 
     Stat. 2692)); and
       ``(cc) section 139(c) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997);

     in each State; bears to
       ``(II) the total of all such vehicle miles traveled in all 
     States.

       ``(B) Interstate bridge component.--For resurfacing, 
     restoring, rehabilitating, and reconstructing bridges on the 
     Interstate System, in the ratio that--
       ``(i) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in each State; bears to
       ``(ii) the total square footage of structurally deficient 
     and functionally obsolete bridges on the Interstate System 
     (other than bridges on toll roads not subject to a 
     Secretarial agreement under section 105 of the Federal-Aid 
     Highway Act of 1978 (92 Stat. 2692)) in all States.
       ``(C) Other national highway system component.--
       ``(i) In general.--For the National Highway System 
     (excluding funds apportioned under subparagraph (A) or (B)), 
     $36,400,000 for each fiscal year to the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of Northern Mariana 
     Islands and the remainder apportioned as follows:

       ``(I) 20 percent of the apportionments in the ratio that--

       ``(aa) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in each State; bears to
       ``(bb) the total lane miles of principal arterial routes 
     (excluding Interstate System routes) in all States.

       ``(II) 29 percent of the apportionments in the ratio that--

       ``(aa) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in each State; bears to
       ``(bb) the total vehicle miles traveled on lanes on 
     principal arterial routes (excluding Interstate System 
     routes) in all States.

       ``(III) 18 percent of the apportionments in the ratio 
     that--

       ``(aa) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in each State; bears to
       ``(bb) the total square footage of structurally deficient 
     and functionally obsolete bridges on principal arterial 
     routes (excluding bridges on Interstate System routes (other 
     than bridges on toll roads not subject to a Secretarial 
     agreement under section 105 of the Federal-Aid Highway Act of 
     1978 (92 Stat. 2692))) in all States.

       ``(IV) 24 percent of the apportionments in the ratio that--

       ``(aa) the total diesel fuel used on highways in each 
     State; bears to
       ``(bb) the total diesel fuel used on highways in all 
     States.

       ``(V) 9 percent of the apportionments in the ratio that--

       ``(aa) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in each State by the 
     total population of the State; bears to
       ``(bb) the quotient obtained by dividing the total lane 
     miles on principal arterial highways in all States by the 
     total population of all States.
       ``(ii) Data.--Each calculation under clause (i) shall be 
     based on the latest available data.
       ``(D) Minimum apportionment.--Notwithstanding subparagraphs 
     (A) through (C), each State shall receive a minimum of \1/2\ 
     of 1 percent of the funds apportioned under this paragraph.
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted nonattainment and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted nonattainment and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted nonattainment and maintenance 
     area population.--Subject to subparagraph (C), for the 
     purpose of subparagraph (A), the weighted nonattainment and 
     maintenance area population shall be calculated by 
     multiplying the population of each area in a State that was a 
     nonattainment area or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide by a factor of--
       ``(i) 0.8 if--

       ``(I) at the time of the apportionment, the area is a 
     maintenance area; or
       ``(II) at the time of the apportionment, the area is 
     classified as a submarginal ozone nonattainment area under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);

       ``(ii) 1.0 if, at the time of the apportionment, the area 
     is classified as a marginal ozone nonattainment area 
     under subpart 2 of part D of title I of the Clean Air Act 
     (42 U.S.C. 7511 et seq.);

[[Page S11150]]

       ``(iii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area under 
     that subpart;
       ``(iv) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area under 
     that subpart;
       ``(v) 1.3 if, at the time of the apportionment, the area is 
     classified as a severe ozone nonattainment area under that 
     subpart;
       ``(vi) 1.4 if, at the time of the apportionment, the area 
     is classified as an extreme ozone nonattainment area under 
     that subpart; or
       ``(vii) 1.0 if, at the time of the apportionment, the area 
     is not a nonattainment or maintenance area as described in 
     section 149(b) for ozone, but is classified under subpart 3 
     of part D of title I of that Act (42 U.S.C. 7512 et seq.) as 
     a nonattainment area described in section 149(b) for carbon 
     monoxide.
       ``(C) Additional adjustment for carbon monoxide areas.--
       ``(i) Carbon monoxide nonattainment areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was also classified under subpart 3 of 
     part D of title I of that Act (42 U.S.C. 7512 et seq.) as a 
     nonattainment area described in section 149(b) for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.2.
       ``(ii) Carbon monoxide maintenance areas.--If, in addition 
     to being classified as a nonattainment or maintenance area 
     for ozone, the area was at one time also classified under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.) as a nonattainment area described in section 149(b) for 
     carbon monoxide but has been redesignated as a maintenance 
     area, the weighted nonattainment or maintenance area 
     population of the area, as determined under clauses (i) 
     through (vi) of subparagraph (B), shall be further multiplied 
     by a factor of 1.1.
       ``(D) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(E) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(3) Surface transportation program.--
       ``(A) In general.--For the surface transportation program, 
     in accordance with the following formula:
       ``(i) 20 percent of the apportionments in the ratio that--

       ``(I) the total lane miles of Federal-aid highways in each 
     State; bears to
       ``(II) the total lane miles of Federal-aid highways in all 
     States.

       ``(ii) 30 percent of the apportionments in the ratio that--

       ``(I) the total vehicle miles traveled on lanes on Federal-
     aid highways in each State; bears to
       ``(II) the total vehicle miles traveled on lanes on 
     Federal-aid highways in all States.

       ``(iii) 25 percent of the apportionments in the ratio 
     that--

       ``(I) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in each State; bears to
       ``(II) the total square footage of structurally deficient 
     and functionally obsolete bridges on Federal-aid highways 
     (excluding bridges described in subparagraphs (B) and 
     (C)(i)(III) of paragraph (1)) in all States.

       ``(iv) 25 percent of the apportionments in the ratio that--

       ``(I) the estimated tax payments attributable to highway 
     users in each State paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available; bears to
       ``(II) the estimated tax payments attributable to highway 
     users in all States paid into the Highway Trust Fund (other 
     than the Mass Transit Account) in the latest fiscal year for 
     which data are available.

       ``(B) Data.--Each calculation under subparagraph (A) shall 
     be based on the latest available data.
       ``(C) Minimum apportionment.--Notwithstanding subparagraph 
     (A), each State shall receive a minimum of \1/2\ of 1 percent 
     of the funds apportioned under this paragraph.''.
       (b) Effect of Certain Amendments.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (h) and 
     inserting the following:
       ``(h) Effect of Certain Amendments.--Notwithstanding any 
     other provision of law, deposits into the Highway Trust Fund 
     resulting from the amendments made by section 901 of the 
     Taxpayer Relief Act of 1997 shall not be taken into account 
     in determining the apportionments and allocations that any 
     State shall be entitled to receive under the Intermodal 
     Surface Transportation Efficiency Act of 1997 and this title 
     .''.
       (c) ISTEA Transition.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall determine, with respect to each 
     State--
       (A) the total apportionments for the fiscal year under 
     section 104 of title 23, United States Code, for the 
     Interstate and National Highway System program, the surface 
     transportation program, metropolitan planning, and the 
     congestion mitigation and air quality improvement program;
       (B) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding apportionments for the Federal 
     lands highways program under section 204 of that title;
       (C) the annual average of the total apportionments during 
     the period of fiscal years 1992 through 1997 for all Federal-
     aid highway programs (as defined in section 101 of title 23, 
     United States Code), excluding--
       (i) apportionments authorized under section 104 of that 
     title for construction of the Interstate System;
       (ii) apportionments for the Interstate substitute program 
     under section 103(e)(4) of that title (as in effect on the 
     day before the date of enactment of this Act);
       (iii) apportionments for the Federal lands highways program 
     under section 204 of that title; and
       (iv) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);
       (D) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (B); by
       (ii) the applicable percentage determined under paragraph 
     (2); and
       (E) the product obtained by multiplying--
       (i) the annual average of the total apportionments 
     determined under subparagraph (C); by
       (ii) the applicable percentage determined under paragraph 
     (2).
       (2) Applicable percentages.--
       (A) Fiscal year 1998.--For fiscal year 1998--
       (i) the applicable percentage referred to in paragraph 
     (1)(D)(ii) shall be 145 percent; and
       (ii) the applicable percentage referred to in paragraph 
     (1)(E)(ii) shall be 107 percent.
       (B) Fiscal years thereafter.--For each of fiscal years 1999 
     through 2003, the applicable percentage referred to in 
     paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be 
     a percentage equal to the product obtained by 
     multiplying--
       (i) the percentage specified in clause (i) or (ii), 
     respectively, of subparagraph (A); by
       (ii) the percentage that--

       (I) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for the fiscal year; bears to
       (II) the total contract authority made available under this 
     Act and title 23, United States Code, for Federal-aid highway 
     programs for fiscal year 1998.

       (3) Maximum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, in the case of each State with respect to which the 
     total apportionments determined under paragraph (1)(A) is 
     greater than the product determined under paragraph (1)(D), 
     the Secretary shall reduce proportionately the apportionments 
     to the State under section 104 of title 23, United States 
     Code, for the National Highway System component of the 
     Interstate and National Highway System program, the surface 
     transportation program, and the congestion mitigation and air 
     quality improvement program so that the total of the 
     apportionments is equal to the product determined under 
     paragraph (1)(D).
       (B) Redistribution of funds.--
       (i) In general.--Subject to clause (ii), funds made 
     available under subparagraph (A) shall be redistributed 
     proportionately under section 104 of title 23, United States 
     Code, for the Interstate and National Highway System program, 
     the surface transportation program, and the congestion 
     mitigation and air quality improvement program, to States not 
     subject to a reduction under subparagraph (A).
       (ii) Limitation.--The ratio that--

       (I) the total apportionments to a State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     clause (i); bears to
       (II) the annual average of the total apportionments 
     determined under paragraph (1)(B) with respect to the State;

     may not exceed, in the case of fiscal year 1998, 145 percent, 
     and, in the case of each of fiscal years 1999 through 2003, 
     145 percent as adjusted in the manner described in paragraph 
     (2)(B).
       (4) Minimum transition.--
       (A) In general.--For each of fiscal years 1998 through 
     2003, the Secretary shall apportion to each State such 
     additional amounts as are necessary to ensure that--
       (i) the total apportionments to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, metropolitan planning, and the congestion mitigation 
     and air quality improvement program, after the application of 
     paragraph (3); is equal to
       (ii) the greater of--

       (I) the product determined with respect to the State under 
     paragraph (1)(E); or
       (II) the total apportionments to the State for fiscal year 
     1997 for all Federal-aid highway programs, excluding--

       (aa) apportionments for the Federal lands highways program 
     under section 204 of title 23, United States Code;

[[Page S11151]]

       (bb) adjustments to sums apportioned under section 104 of 
     that title due to the hold harmless adjustment under section 
     1015(a) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and
       (cc) demonstration projects under the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240).
       (B) Obligation.--Amounts apportioned under subparagraph 
     (A)--
       (i) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that--

       (I) the amounts shall not be subject to paragraphs (1) and 
     (2) of section 133(d) of title 23, United States Code; and
       (II) 50 percent of the amounts shall be subject to section 
     133(d)(3) of that title;

       (ii) shall be available for any purpose eligible for 
     funding under section 133 of that title; and
       (iii) shall remain available for obligation for a period of 
     3 years after the last day of the fiscal year for which the 
     amounts are apportioned.
       (C) Authorization of contract authority.--
       (i) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     are necessary to carry out this paragraph.
       (ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (d) Minimum Guarantee.--
       (1) In general.--Section 105 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 105. Minimum guarantee

       ``(a) Adjustment.--
       ``(1) In general.--In fiscal year 1998 and each fiscal year 
     thereafter on October 1, or as soon as practicable 
     thereafter, the Secretary shall allocate among the States 
     amounts sufficient to ensure that--
       ``(A) the ratio that--
       ``(i) each State's percentage of the total apportionments 
     for the fiscal year--

       ``(I) under section 104 for the Interstate and National 
     Highway System program, the surface transportation program, 
     metropolitan planning, and the congestion mitigation and air 
     quality improvement program; and
       ``(II) under this section and section 1102(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1997 for 
     ISTEA transition; bears to

       ``(ii) each State's percentage of estimated tax payments 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) in 
     the latest fiscal year for which data are available;
     is not less than 0.90; and
       ``(B) in the case of a State specified in paragraph (2), 
     the State's percentage of the total apportionments for the 
     fiscal year described in subclauses (I) and (II) of 
     subparagraph (A)(i) is--
       ``(i) not less than the percentage specified for the State 
     in paragraph (2); but
       ``(ii) not greater than the product determined for the 
     State under section 1102(c)(1)(D) of the Intermodal Surface 
     Transportation Efficiency Act of 1997 for the fiscal year.
       ``(2) State percentages.--The percentage referred to in 
     paragraph (1)(B) for a specified State shall be determined in 
     accordance with the following table:

``State                                                      Percentage
    Alaska....................................................1.24 ....

    Arkansas..................................................1.33 ....

    Delaware..................................................0.47 ....

    Hawaii....................................................0.55 ....

    Idaho.....................................................0.82 ....

    Montana...................................................1.06 ....

    Nevada....................................................0.73 ....

    New Hampshire.............................................0.52 ....

    New Jersey................................................2.41 ....

    New Mexico................................................1.05 ....

    North Dakota..............................................0.73 ....

    Rhode Island..............................................0.58 ....

    South Dakota..............................................0.78 ....

    Vermont...................................................0.47 ....

    Wyoming...................................................0.76.....

       ``(b) Treatment of Allocations.--
       ``(1) Obligation.--Amounts allocated under subsection (a)--
       ``(A) shall be available for obligation when allocated and 
     shall remain available for obligation for a period of 3 years 
     after the last day of the fiscal year for which the amounts 
     are allocated; and
       ``(B) shall be available for any purpose eligible for 
     funding under this title.
       ``(2) Set-aside.--Fifty percent of the amounts allocated 
     under subsection (a) shall be subject to section 133(d)(3).
       ``(c) Treatment of Withheld Apportionments.--For the 
     purpose of subsection (a), any funds that, but for section 
     158(b) or any other provision of law under which Federal-aid 
     highway funds are withheld from apportionment, would be 
     apportioned to a State for a fiscal year under a section 
     referred to in subsection (a) shall be treated as being 
     apportioned in that fiscal year.
       ``(d) Authorization of Contract Authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) such sums as are necessary to carry out this 
     section.''.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105 and inserting the following:

``105. Minimum guarantee.''.

       (e) Audits of Highway Trust Fund.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Audits of Highway Trust Fund.--From available 
     administrative funds deducted under subsection (a), the 
     Secretary may reimburse the Office of Inspector General of 
     the Department of Transportation for the conduct of annual 
     audits of financial statements in accordance with section 
     3521 of title 31.''.
       (f) Technical Amendments.--Section 104 of title 23, United 
     States Code, is amended--
       (1) in subsection (e)--
       (A) by inserting ``Notification to States.--'' after 
     ``(e)'';
       (B) in the first sentence--
       (i) by striking ``(other than under subsection (b)(5) of 
     this section)''; and
       (ii) by striking ``and research'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by striking ``, except that'' and 
     all that follows through ``such funds''; and
       (2) in subsection (f)--
       (A) by striking ``(f)(1) On'' and inserting the following:
       ``(f) Metropolitan Planning.--
       ``(1) Set-aside.--On'';
       (B) by striking ``(2) These'' and inserting the following:
       ``(2) Apportionment to states of set-aside funds.--These'';
       (C) by striking ``(3) The'' and inserting the following:
       ``(3) Use of funds.--The''; and
       (D) by striking ``(4) The'' and inserting the following:
       ``(4) Distribution of funds within states.--The''.
       (g) Conforming Amendments.--
       (1) Section 146(a) of title 23, United States Code, is 
     amended in the first sentence by striking ``, 104(b)(2), and 
     104(b)(6)'' and inserting ``and 104(b)(2)''.
       (2)(A) Section 150 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     150.
       (3) Section 158 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by striking paragraph (1);
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (iii) in paragraph (1) (as so redesignated)--

       (I) by striking ``After the first year'' and inserting ``In 
     general''; and
       (II) by striking ``, 104(b)(2), 104(b)(5), and 104(b)(6)'' 
     and inserting ``and 104(b)(2)''; and

       (iv) in paragraph (2) (as redesignated by clause (ii)), by 
     striking ``paragraphs (1) and (2) of this subsection'' and 
     inserting ``paragraph (1)''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Effect of Withholding of Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 30, 1988, shall be available for apportionment to 
     that State.''.
       (4)(A) Section 157 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     157.
       (5)(A) Section 115(b)(1) of title 23, United States Code, 
     is amended by striking ``or 104(b)(5), as the case may be,''.
       (B) Section 137(f)(1) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5)(B) of this title'' 
     and inserting ``section 104(b)(1)(A)''.
       (C) Section 141(c) of title 23, United States Code, is 
     amended by striking ``section 104(b)(5) of this title'' each 
     place it appears and inserting ``section 104(b)(1)(A)''.
       (D) Section 142(c) of title 23, United States Code, is 
     amended by striking ``(other than section 104(b)(5)(A))''.
       (E) Section 159 of title 23, United States Code, is 
     amended--
       (i) by striking ``(5) of'' each place it appears and 
     inserting ``(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997) of''; and
       (ii) in subsection (b)--
       (I) in paragraphs (1)(A)(i) and (3)(A), by striking 
     ``section 104(b)(5)(A)'' each place it appears and inserting 
     ``section 104(b)(5)(A) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)'';
       (II) in paragraph (1)(A)(ii), by striking ``section 
     104(b)(5)(B)'' and inserting ``section 104(b)(5)(B) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1997)'';
       (III) in paragraph (3)(B), by striking ``(5)(B)'' and 
     inserting ``(5)(B) (as in effect on the day before the date 
     of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1997)''; and
       (IV) in paragraphs (3) and (4), by striking ``section 
     104(b)(5)'' each place it appears and inserting ``section 
     104(b)(5) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1997)''.
       (F) Section 161(a) of title 23, United States Code, is 
     amended by striking ``paragraphs (1), (3), and (5)(B) of 
     section 104(b)'' each place it appears and inserting 
     ``paragraphs (1) and (3) of section 104(b)''.
       (6)(A) Section 104(g) of title 23, United States Code, is 
     amended--

[[Page S11152]]

       (i) in the first sentence, by striking ``sections 130, 144, 
     and 152 of this title'' and inserting ``subsection (b)(1)(B) 
     and sections 130 and 152'';
       (ii) in the first and second sentences--
       (I) by striking ``section'' and inserting ``provision''; 
     and
       (II) by striking ``such sections'' and inserting ``those 
     provisions''; and
       (iii) in the third sentence--
       (I) by striking ``section 144'' and inserting ``subsection 
     (b)(1)(B)''; and
       (II) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(C)''.
       (B) Section 115 of title 23, United States Code, is 
     amended--
       (i) in subsection (a)(1)(A)(i), by striking ``104(b)(2), 
     104(b)(3), 104(f), 144,'' and inserting ``104(b)(1)(B), 
     104(b)(2), 104(b)(3), 104(f),''; and
       (ii) in subsection (c), by striking ``144,,''.
       (C) Section 120(e) of title 23, United States Code, is 
     amended in the last sentence by striking ``and in section 144 
     of this title''.
       (D) Section 151(d) of title 23, United States Code, is 
     amended by striking ``section 104(a), section 307(a), and 
     section 144 of this title'' and inserting ``subsections (a) 
     and (b)(1)(B) of section 104 and section 307(a)''.
       (E) Section 204(c) of title 23, United States Code, is 
     amended in the first sentence by striking ``or section 144 of 
     this title''.
       (F) Section 303(g) of title 23, United States Code, is 
     amended by striking ``section 144 of this title'' and 
     inserting ``section 104(b)(1)(B)''.

     SEC. 1103. OBLIGATION CEILING.

       (a) General Limitations.--Subject to the other provisions 
     of this section and notwithstanding any other provision of 
     law, the total amount of all obligations for Federal-aid 
     highways and highway safety construction programs shall not 
     exceed--
       (1) $21,800,000,000 for fiscal year 1998;
       (2) $22,802,000,000 for fiscal year 1999;
       (3) $22,939,000,000 for fiscal year 2000;
       (4) $23,183,000,000 for fiscal year 2001;
       (5) $23,699,000,000 for fiscal year 2002; and
       (6) $24,548,000,000 for fiscal year 2003.
       (b) Exceptions.--
       (1) In general.--The limitations under subsection (a) shall 
     not apply to obligations of funds under--
       (A) section 105(a) of title 23, United States Code (but, 
     for each of fiscal years 1998 through 2003, only in an amount 
     equal to the amount included for section 157 of title 23, 
     United States Code, in the baseline determined by the 
     Congressional Budget Office for the fiscal year 1998 budget), 
     excluding amounts allocated under section 105(a)(1)(B) of 
     that title;
       (B) section 125 of that title;
       (C) section 157 of that title (as in effect on the day 
     before the date of enactment of this Act);
       (D) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (E) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (F) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (G) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198); and
       (H) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).
       (2) Effect of other law.--A provision of law establishing a 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs may not amend or limit 
     the applicability of this subsection, unless the provision 
     specifically amends or limits that applicability.
       (c) Applicability to Transportation Research Programs.--
     Obligation limitations for Federal-aid highways and highway 
     safety construction programs established by subsection (a) 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code.
       (d) Obligation Authority.--Section 118 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(g) Obligation Authority.--
       ``(1) Distribution.--For each fiscal year, the Secretary 
     shall--
       ``(A) distribute the total amount of obligation authority 
     for Federal-aid highways and highway safety construction 
     programs made available for the fiscal year by allocation in 
     the ratio that--
       ``(i) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to each State for the fiscal year; 
     bears to
       ``(ii) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs that are 
     apportioned or allocated to all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums authorized to be appropriated for 
     Federal-aid highways that have been apportioned to a State; 
     and
       ``(C) notwithstanding subparagraphs (A) and (B), not 
     distribute--
       ``(i) amounts deducted under section 104(a) for 
     administrative expenses;
       ``(ii) amounts set aside under section 104(k) for 
     Interstate 4R and bridge projects;
       ``(iii) amounts made available under sections 143, 164, 
     165, 204, 206, 207, and 322;
       ``(iv) amounts made available under section 111 of title 
     49;
       ``(v) amounts made available under section 201 of the 
     Appalachian Regional Development Act of 1965 (40 U.S.C. 
     App.);
       ``(vi) amounts made available under section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938);
       ``(vii) amounts made available under sections 1503, 1603, 
     and 1604 of the Intermodal Surface Transportation Efficiency 
     Act of 1997;
       ``(viii) amounts made available under section 149(d) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 201);
       ``(ix) amounts made available under section 105(a)(1)(A) to 
     the extent that the amounts are subject to any obligation 
     limitation under section 1103(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997;
       ``(x) amounts made available for implementation of programs 
     under chapter 5 of this title and sections 5222, 5232, and 
     5241 of title 49; and
       ``(xi) amounts made available under section 412 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995.
       ``(2) Redistribution.--Notwithstanding paragraph (1), the 
     Secretary shall, after August 1 of each of fiscal years 1998 
     through 2003--
       ``(A) revise a distribution of the funds made available 
     under paragraph (1) for the fiscal year if a State will not 
     obligate the amount distributed during the fiscal year; and
       ``(B) redistribute sufficient amounts to those States able 
     to obligate amounts in addition to the amounts previously 
     distributed during the fiscal year, giving priority to those 
     States that have large unobligated balances of funds 
     apportioned under section 104 and under section 144 (as in 
     effect on the day before the date of enactment of this 
     subparagraph).''.
       (e) Applicability of Obligation Limitations.--An obligation 
     limitation established by a provision of any other Act shall 
     not apply to obligations under a program funded under this 
     Act or title 23, United States Code, unless--
       (1) the provision specifically amends or limits the 
     applicability of this subsection; or
       (2) an obligation limitation is specified in this Act with 
     respect to the program.

     SEC. 1104. OBLIGATION AUTHORITY UNDER SURFACE TRANSPORTATION 
                   PROGRAM.

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

     SEC. 1105. EMERGENCY RELIEF.

       (a) Federal Share.--Section 120(e) of title 23, United 
     States Code, is amended in the first sentence by striking 
     ``highway system'' and inserting ``highway''.
       (b) Eligibility and Funding.--Section 125 of title 23, 
     United States Code, is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (d), (e), and (f), respectively;
       (3) by inserting after the section heading the following:
       ``(a) General Eligibility.--Subject to this section and 
     section 120, an emergency fund is authorized for expenditure 
     by the Secretary for the repair or reconstruction of 
     highways, roads, and trails, in any part of the United 
     States, including Indian reservations, that the Secretary 
     finds have suffered serious damage as a result of--
       ``(1) natural disaster over a wide area, such as by a 
     flood, hurricane, tidal wave, earthquake, severe storm, or 
     landslide; or
       ``(2) catastrophic failure from any external cause.
       ``(b) Restriction on Eligibility.--In no event shall funds 
     be used pursuant to this section for the repair or 
     reconstruction of bridges that have been permanently closed 
     to all vehicular traffic by the State or responsible local 
     official because of imminent danger of collapse due to a 
     structural deficiency or physical deterioration.
       ``(c) Funding.--Subject to the following limitations, there 
     are hereby authorized to be appropriated from the Highway 
     Trust Fund (other than the Mass Transit Account) such sums as 
     may be necessary to establish the fund authorized by this 
     section and to replenish it on an annual basis:

[[Page S11153]]

       ``(1) Not more than $100,000,000 is authorized to be 
     obligated in any 1 fiscal year commencing after September 30, 
     1980, to carry out the provisions of this section, except 
     that, if in any fiscal year the total of all obligations 
     under this section is less than the amount authorized to 
     be obligated in such fiscal year, the unobligated balance 
     of such amount shall remain available until expended and 
     shall be in addition to amounts otherwise available to 
     carry out this section each year.
       ``(2) Pending such appropriation or replenishment, the 
     Secretary may obligate from any funds heretofore or hereafter 
     appropriated for obligation in accordance with this title, 
     including existing Federal-aid appropriations, such sums as 
     may be necessary for the immediate prosecution of the work 
     herein authorized, provided that such funds are reimbursed 
     from the appropriations authorized in paragraph (1) of this 
     subsection when such appropriations are made.'';
       (4) in subsection (d) (as so redesignated), by striking 
     ``subsection (c)'' both places it appears and inserting 
     ``subsection (e)''; and
       (5) in subsection (e) (as so redesignated), by striking 
     ``on any of the Federal-aid highway systems'' and inserting 
     ``Federal-aid highways''.
       (c) San Mateo County, California.--Notwithstanding any 
     other provision of law, a project to repair or reconstruct 
     any portion of a Federal-aid primary route in San Mateo 
     County, California, that--
       (1) was destroyed as a result of a combination of storms in 
     the winter of 1982-1983 and a mountain slide; and
       (2) until its destruction, served as the only reasonable 
     access route between 2 cities and as the designated emergency 
     evacuation route of 1 of the cities;

     shall be eligible for assistance under section 125(a) of 
     title 23, United States Code, if the project complies with 
     the local coastal plan.

     SEC. 1106. FEDERAL LANDS HIGHWAYS PROGRAM.

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

     SEC. 1107. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 205 the following:

     ``Sec. 206. Recreational trails program

       ``(a) Definitions.--
       ``(1) Motorized recreation.--The term `motorized 
     recreation' means off-road recreation using any motor-powered 
     vehicle, except for a motorized wheelchair.
       ``(2) Recreational trail; trail.--The term `recreational 
     trail' or `trail' means a thoroughfare or track across land 
     or snow, used for recreational purposes such as--
       ``(A) pedestrian activities, including wheelchair use;
       ``(B) skating or skateboarding;
       ``(C) equestrian activities, including carriage driving;
       ``(D) nonmotorized snow trail activities, including skiing;
       ``(E) bicycling or use of other human-powered vehicles;
       ``(F) aquatic or water activities; and
       ``(G) motorized vehicular activities, including all-terrain 
     vehicle riding, motorcycling, snowmobiling, use of off-road 
     light trucks, or use of other off-road motorized vehicles.
       ``(b) Program.--In accordance with this section, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the Secretary of Agriculture, shall carry out a program 
     to provide and maintain recreational trails (referred to in 
     this section as the `program').
       ``(c) State Responsibilities.--To be eligible for 
     apportionments under this section--
       ``(1) a State may use apportionments received under this 
     section for construction of new trails crossing Federal lands 
     only if the construction is--
       ``(A) permissible under other law;
       ``(B) necessary and required by a statewide comprehensive 
     outdoor recreation plan required by the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.);
       ``(C) approved by the administering agency of the State 
     designated under paragraph (2); and
       ``(D) approved by each Federal agency charged with 
     management of the affected lands, which approval shall be 
     contingent on compliance by the Federal agency with all 
     applicable laws, including the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1600 et seq.), and the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.);
       ``(2) the Governor of a State shall designate the State 
     agency or agencies that will be responsible for administering 
     apportionments received under this section; and
       ``(3) the State shall establish within the State a State 
     trail advisory committee that represents both motorized and 
     nonmotorized trail users.
       ``(d) Use of Apportioned Funds.--
       ``(1) In general.--Funds made available under this section 
     shall be obligated for trails and trail-related projects 
     that--

[[Page S11154]]

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

[[Page S11155]]

       (1) The Intermodal Surface Transportation Efficiency Act of 
     1991 is amended by striking part B of title I (16 U.S.C. 1261 
     et seq.).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 206 
     and inserting the following:

``206. Recreational trails program.''.

     SEC. 1108. VALUE PRICING PILOT PROGRAM.

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

       ``(I) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       ``(II) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and

       ``(III) shall be available for any purpose eligible for 
     funding under section 133 of that title.

       ``(C) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of any project under this subsection and the 
     availability of funds authorized by this paragraph shall be 
     determined in accordance with this subsection.''.
       (g) Conforming Amendments.--Section 1012(b) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended--
       (1) in paragraph (1), by striking ``projects'' each place 
     it appears and inserting ``programs''; and
       (2) in paragraph (5)--
       (A) by striking ``projects'' and inserting ``programs''; 
     and
       (B) by striking ``traffic, volume'' and inserting ``traffic 
     volume''.

     SEC. 1109. HIGHWAY USE TAX EVASION PROJECTS.

       (a) In General.--Section 143 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 143. Highway use tax evasion projects

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

``143. Highway use tax evasion projects.''.

       (2) Section 1040 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) 
     is repealed.
       (3) Section 8002 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) 
     is amended--
       (A) in the first sentence of subsection (g), by striking 
     ``section 1040 of this Act'' and inserting ``section 143 of 
     title 23, United States Code,''; and
       (B) by striking subsection (h).

     SEC. 1110. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

       Section 217 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) by inserting ``pedestrian walkways and'' after 
     ``construction of''; and
       (B) by striking ``(other than the Interstate System)'';
       (2) in subsection (e), by striking ``, other than a highway 
     access to which is fully controlled,'';
       (3) by striking subsection (g) and inserting the following:
       ``(g) Planning and Design.--
       ``(1) In general.--Bicyclists and pedestrians shall be 
     given consideration in the comprehensive transportation plans 
     developed by each metropolitan planning organization and 
     State in accordance with sections 134 and 135, respectively.
       ``(2) Construction.--Bicycle transportation facilities and 
     pedestrian walkways shall be considered, where appropriate, 
     in conjunction with all new construction and reconstruction 
     of transportation facilities, except where bicycle and 
     pedestrian use are not permitted.

[[Page S11156]]

       ``(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 subsection (a) and the 
     location of such concerns in the State and notify the 
     Secretary, in writing, of the percentage of such concerns 
     which are controlled by women, by socially and economically 
     disadvantaged individuals (other than women), and by 
     individuals who are women and are otherwise socially and 
     economically disadvantaged individuals.
       (d) Uniform Certification.--The Secretary shall establish 
     minimum uniform criteria for State governments to use in 
     certifying whether a concern qualifies for purposes of this 
     section. Such minimum uniform criteria shall include but not 
     be limited to on-site visits, personal interviews, licenses, 
     analysis of stock ownership, listing of equipment, analysis 
     of bonding capacity, listing of work completed, resume of 
     principal owners, financial capacity, and type of work 
     preferred.

     SEC. 1112. FEDERAL SHARE PAYABLE.

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

     SEC. 1113. STUDIES AND REPORTS.

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

[[Page S11157]]

     aid highways and the highway safety construction programs'' 
     and inserting ``the Federal-aid highway program''.
       (C) Section 107(b) of title 23, United States Code, is 
     amended in the second sentence by striking ``Federal-aid 
     highways'' and inserting ``the Federal-aid highway program''.
       (b) Alphabetization of Definitions.--Section 101(a) of 
     title 23, United States Code, is amended by reordering the 
     undesignated paragraphs so that they are in alphabetical 
     order.

     SEC. 1115. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

       (a) In General.--Chapter 2 of title 23, United States Code 
     (as amended by section 1107(a)), is amended by inserting 
     after section 206 the following:

     ``Sec. 207. Cooperative Federal Lands Transportation Program

       ``(a) In General.--There is established the Cooperative 
     Federal Lands Transportation Program (referred to in this 
     section as the `program'). Funds available for the program 
     may be used for projects, or portions of projects, on 
     highways that are owned or maintained by States or political 
     subdivisions of States and that cross, are adjacent to, or 
     lead to federally owned land or Indian reservations 
     (including Army Corps of Engineers reservoirs), as determined 
     by the State. Such projects shall be proposed by a State and 
     selected by the Secretary. A project proposed by a State 
     under this section shall be on a highway or bridge owned or 
     maintained by the State, or 1 or more political subdivisions 
     of the State, and may be a highway or bridge construction or 
     maintenance project eligible under this title or any project 
     of a type described in section 204(h).
       ``(b) Distribution of Funds for Projects.--
       ``(1) In general.--
       ``(A) In general.--The Secretary--
       ``(i) after consultation with the Administrator of General 
     Services, the Secretary of the Interior, and other agencies 
     as appropriate (including the Army Corps of Engineers), shall 
     determine the percentage of the total land in each State that 
     is owned by the Federal Government or that is held by the 
     Federal Government in trust;
       ``(ii) shall determine the sum of the percentages 
     determined under clause (i) for States with respect to which 
     the percentage is 4.5 or greater; and
       ``(iii) shall determine for each State included in the 
     determination under clause (ii) the percentage obtained by 
     dividing--

       ``(I) the percentage for the State determined under clause 
     (i); by
       ``(II) the sum determined under clause (ii).

       ``(B) Adjustment.--The Secretary shall--
       ``(i) reduce any percentage determined under subparagraph 
     (A)(iii) that is greater than 7.5 percent to 7.5 percent; and
       ``(ii) redistribute the percentage points equal to any 
     reduction under clause (i) among other States included in the 
     determination under subparagraph (A)(ii) in proportion to the 
     percentages for those States determined under subparagraph 
     (A)(iii).
       ``(2) Availability to states.--Except as provided in 
     paragraph (3), for each fiscal year, the Secretary shall make 
     funds available to carry out eligible projects in a State in 
     an amount equal to the amount obtained by multiplying--
       ``(A) the percentage for the State, if any, determined 
     under paragraph (1); by
       ``(B) the funds made available for the program for the 
     fiscal year.
       ``(3) Selection of projects.--The Secretary may establish 
     deadlines for States to submit proposed projects for funding 
     under this section, except that in the case of fiscal year 
     1998 the deadline may not be earlier than January 1, 1998. 
     For each fiscal year, if a State does not have pending, by 
     that deadline, applications for projects with an estimated 
     cost equal to at least 3 times the amount for the State 
     determined under paragraph (2), the Secretary may distribute, 
     to 1 or more other States, at the Secretary's discretion, \1/
     3\ of the amount by which the estimated cost of the State's 
     applications is less than 3 times the amount for the State 
     determined under paragraph (2).
       ``(c) Transfers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a State and the Secretary may agree to transfer amounts 
     made available to a State under this section to the 
     allocations of the State under section 202 for use in 
     carrying out projects on any Federal lands highway that is 
     located in the State.
       ``(2) Special rule.--This paragraph applies to a State that 
     contains a national park that was visited by more than 
     2,500,000 people in 1996 and comprises more than 3,000 square 
     miles of land area, including surface water, that is located 
     in the State. For such a State, 50 percent of the amount that 
     would otherwise be made available to the State for each 
     fiscal year under the program shall be made available only 
     for eligible highway uses in the national park and within the 
     borders of the State. For the purpose of making allocations 
     under section 202(c), the Secretary may not take into account 
     the past or future availability, for use on park roads and 
     parkways in a national park, of funds made available for use 
     in a national park by this paragraph.
       ``(d) Rights-of-Way Across Federal Land.--Nothing in this 
     section affects any claim for a right-of-way across Federal 
     land.
       ``(e) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $74,000,000 for each of fiscal years 
     1998 through 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1.''.
       (b) Conforming Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 207 and inserting the following:

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

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

       (a) Definitions.--In this section:
       (1) Border region.--The term ``border region'' means--
       (A) the region located within 60 miles of the United States 
     border with Mexico; and
       (B) the region located within 60 miles of the United States 
     border with Canada.
       (2) Border state.--The term ``border State'' means a State 
     of the United States that--
       (A) is located along the border with Mexico; or
       (B) is located along the border with Canada.
       (3) Border station.--The term ``border station'' means a 
     controlled port of entry into the United States located in 
     the United States at the border with Mexico or Canada, 
     consisting of land occupied by the station and the buildings, 
     roadways, and parking lots on the land.
       (4) Federal inspection agency.--The term ``Federal 
     inspection agency'' means a Federal agency responsible for 
     the enforcement of immigration laws (including regulations), 
     customs laws (including regulations), and agriculture import 
     restrictions, including the United States Customs Service, 
     the Immigration and Naturalization Service, the Animal and 
     Plant Health Inspection Service, the Food and Drug 
     Administration, the United States Fish and Wildlife Service, 
     and the Department of State.
       (5) Gateway.--The term ``gateway'' means a grouping of 
     border stations defined by proximity and similarity of trade.
       (6) Non-federal governmental jurisdiction.--The term ``non-
     Federal governmental jurisdiction'' means a regional, State, 
     or local authority involved in the planning, development, 
     provision, or funding of transportation infrastructure needs.
       (b) Border Crossing Planning Incentive Grants.--
       (1) In general.--The Secretary shall make incentive grants 
     to States and to metropolitan planning organizations 
     designated under section 134 of title 23, United States Code.
       (2) Use of grants.--The grants shall be used to encourage 
     joint transportation planning activities and to improve 
     people and vehicle movement into and through international 
     gateways as a supplement to statewide and metropolitan 
     transportation planning funding made available under other 
     provisions of this Act and under title 23, United States 
     Code.
       (3) Condition of grants.--As a condition of receiving a 
     grant under paragraph (1), a State transportation department 
     or a metropolitan planning organization shall certify to the 
     Secretary that it commits to be engaged in joint planning 
     with its counterpart agency in Mexico or Canada.
       (4) Limitation on amount.--Each State transportation 
     department or metropolitan planning organization may receive 
     not more than $100,000 under this subsection for any fiscal 
     year.
       (5) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $1,400,000 for each of fiscal years 1998 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of a project under this subsection shall be 
     determined in accordance with subsection (f).
       (c) Trade Corridor Planning Incentive Grants.--
       (1) Grants.--
       (A) In general.--The Secretary shall make grants to States 
     to encourage, within the framework of the statewide 
     transportation planning process of the State under section 
     135 of title 23, United States Code, cooperative multistate 
     corridor analysis of, and planning for, the safe and 
     efficient movement of goods along and within international or 
     interstate trade corridors of national importance.
       (B) Identification of corridors.--Each corridor referred to 
     in subparagraph (A) shall be cooperatively identified by the 
     States along the corridor.
       (2) Corridor plans.--
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), a State shall enter into an agreement with the 
     Secretary that specifies that, in cooperation with the other 
     States along the corridor, the State will submit a plan for 
     corridor improvements to the Secretary not later than 2 years 
     after receipt of the grant.
       (B) Coordination of planning.--Planning with respect to a 
     corridor under this subsection shall be coordinated with 
     transportation planning being carried out by the

[[Page S11158]]

     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;
       (H) the extent to which the innovative and problem solving 
     techniques of the proposed project would be applicable to 
     other border stations or ports of entry;
       (I) demonstrated local commitment to implement and sustain 
     continuing comprehensive border planning processes and 
     improvement programs; and
       (J) other factors to promote transport efficiency and 
     safety, as determined by the Secretary.
       (3) Use of grants.--
       (A) In general.--A grant under this subsection shall be 
     used to develop project plans, and implement coordinated and 
     comprehensive programs of projects, to improve efficiency and 
     safety.
       (B) Type of plans and programs.--The plans and programs may 
     include--
       (i) improvements to transport and supporting 
     infrastructure;
       (ii) improvements in operational strategies, including 
     electronic data interchange and use of telecommunications to 
     expedite vehicle and cargo movement;
       (iii) modifications to regulatory procedures to expedite 
     vehicle and cargo flow;
       (iv) new infrastructure construction;
       (v) purchase, installation, and maintenance of weigh-in-
     motion devices and associated electronic equipment in Mexico 
     or Canada if real time data from the devices is provided to 
     the nearest border station and to State commercial vehicle 
     enforcement facilities that serve the border station; and
       (vi) other institutional improvements, such as coordination 
     of binational planning, programming, and border operation, 
     with special emphasis on coordination with--

       (I) Federal inspection agencies; and
       (II) their counterpart agencies in Mexico and Canada.

       (4) Construction of transportation infrastructure for law 
     enforcement purposes.--At the request of the Administrator of 
     General Services, in consultation with the Attorney General, 
     the Secretary may transfer, during the period of fiscal years 
     1998 through 2001, not more than $10,000,000 of the amounts 
     made available under paragraph (5) to the Administrator of 
     General Services for the construction of transportation 
     infrastructure necessary for law enforcement in border 
     States.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $125,000,000 
     for each of fiscal years 1998 through 2003.
       (e) Coordination of Planning.--
       (1) Planning and development of border stations.--The 
     General Services Administration shall be the coordinating 
     Federal agency in the planning and development of new or 
     expanded border stations.
       (2) Cooperative activities.--In carrying out paragraph (1), 
     the Administrator of General Services shall cooperate with 
     Federal inspection agencies and non-Federal governmental 
     jurisdictions to ensure that--
       (A) improvements to border station facilities take into 
     account regional and local conditions, including the 
     alignment of highway systems and connecting roadways; and
       (B) all facility requirements, associated costs, and 
     economic impacts are identified.
       (f) Cost Sharing.--A grant under this section shall be used 
     to pay the Federal share of the cost of a project. The 
     Federal share shall not exceed 80 percent.
       (g) Use of Unallocated Funds.--If the total amount of funds 
     made available from the Highway Trust Fund under this section 
     but not allocated exceeds $4,000,000 as of September 30 of 
     any year, the excess amount--
       (1) shall be apportioned in the following fiscal year by 
     the Secretary to all States in accordance with section 
     104(b)(3) of title 23, United States Code;
       (2) shall be considered to be a sum made available for 
     expenditure on the surface transportation program, except 
     that the amount shall not be subject to section 133(d) of 
     that title; and
       (3) shall be available for any purpose eligible for funding 
     under section 133 of that title.

     SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

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

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

       (a) In General.--Section 104 of title 23, United States 
     Code (as amended by section 1113(c)(1)), is amended by 
     inserting after subsection (j) the following:

[[Page S11159]]

       ``(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 $200,000,000 from 
     amounts to be apportioned under subsection (b)(1)(A), and 
     $200,000,000 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''.
                                                                    ____


                           Amendment No. 1505

       On page 249, strike lines 5 through 11 and insert the 
     following:
       ``(2) Redesignation.--
       ``(A) Procedures.--A metropolitan planning organization may 
     be redesignated by agreement between the Governor and units 
     of general purpose local government that together represent 
     at least 75 percent of the affected population (including the 
     central city or cities as defined by the Bureau of the 
     Census) as appropriate to carry out this section.
       ``(B) Certain requests to redesignate.--A metropolitan 
     planning organization shall be redesignated upon request of a 
     unit or units of general purpose local government 
     representing at least 25 percent of the affected population 
     (including the central city or cities as defined by the 
     Bureau of the Census) in any urbanized area--
       ``(I) whose population is more than 5,000,000 but less than 
     10,000,000, or
       ``(II) which is an extreme nonattainment area for ozone or 
     carbon monoxide as defined under the Clean Air Act.

     Such redesignation shall be accomplished using procedures 
     established by subparagraph (A).
                                 ______
                                 

                   SESSIONS AMENDMENTS NOS. 1506-1512

  (Ordered to lie on the table.)
  Mr. SESSIONS submitted seven amendments intended to be proposed by 
him to the bill, S 1173, supra; as follows:

                           Amendment No. 1506

       Beginning on page 77, strike line 16 and all that follows 
     through page 79, line 13.
                                                                    ____


                           Amendment No. 1507

       On page 124, strike lines 12 through 19 and insert the 
     following: ``this section for fiscal year 1997, as adjusted 
     to reflect increases in the overall funding for the 
     apportioned Federal-aid highway programs since that fiscal 
     year; 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, as adjusted to 
     reflect increases in the overall funding for the apportioned 
     Federal-aid highway programs since that fiscal year.
                                                                    ____


                           Amendment No. 1508

       On page 136, strike line 22 and insert the following: 
     specified in subparagraph (G).''.

     SEC. 11 . PREVAILING RATE OF WAGE.

       (a) In General.--Section 113 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 113.
                                                                    ____


                           Amendment No. 1509

       Beginning on page 28, strike line 25 and all that follows 
     through page 30, line 18, and insert the following:
       ``(a) In General.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate among the States amounts 
     sufficient to ensure that a State's total apportionments for 
     that fiscal year under sections 104(b) and 206(i), and 
     section 1102(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1997, is not less than 90 percent of the 
     estimated tax payments attributable to highway users in the 
     State paid into the Highway Trust Fund (other than the Mass 
     Transit Account) in the latest fiscal year for which data are 
     available.
       ``(b) Treatment of Allocations.--
       On page 39, lines 15 and 16, strike ``, excluding amounts 
     allocated under section 105(a)(1)(B) of that title''.
                                                                    ____


                           Amendment No. 1510

       On page 104, strike lines 14 through 19 and insert the 
     following:
       ``(2) Substitute corridor.--
       ``(A) In general.--In lieu of Corridor H in Virginia, the 
     Appalachian development highway system shall include the 
     Virginia portion of the segment identified in section 
     1105(c)(29) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (109 Stat. 597).
       ``(B) Effect of substitution.--The substitution of the 
     segment under subparagraph (A) shall not result in an 
     increase in a State's estimated cost to complete the 
     Appalachian development highway system or in the amount of 
     assistance that the State shall be entitled to receive under 
     this Act.''.
                                                                    ____


                           Amendment No. 1511

       Beginning on page 58, strike line 6 and all that follows 
     through page 59, line 14, and insert the following: 
     ``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 non-motorized 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) 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).
       ``(C) State administrative costs.--''
                                                                    ____


                           Amendment No. 1512

       On page 116, strike lines 3 through 24 and insert the 
     following:
       ``(i) In general.--There shall be available from the Mass 
     Transit Account to carry out this section $10,000,000 for 
     fiscal year 1999 and $20,000,000 for fiscal year 2000.
       ``(ii) Contract authority.--Funds authorized under this 
     subparagraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--
       ``(I) the Federal share of the cost of a project carried 
     out under this section shall be determined in accordance with 
     subsection (b); and
       ``(II) the availability of the funds shall be determined in 
     accordance with paragraph (2).
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated from the Mass Transit Account 
     to carry out''.
                                 ______
                                 

                       BREAUX AMENDMENT NO. 1513

  (Ordered to lie on the table.)
  Mr. BREAUX submitted an amendment intended to be proposed by him to 
the bill, S. 1773, supra; as follows:

       On page 134, strike line 13 and insert the following 
     administrative recommendations of the Secretary.

     SEC. 1126A. USE OF CERTAIN TRUCKS FOR HAULING SUGARCANE.

       Section 127(a) of title 23, United States Code, is amended 
     by adding at the end the following: ``The State of Louisiana 
     may allow, by special permit, the operation of vehicles with 
     a gross weight of not more than 100,000 pounds for the 
     hauling of sugarcane during the harvest season of sugarcane. 
     A special permit issued under the preceding sentence shall be 
     issued for a period not to exceed 100 days per year.''.
                                 ______
                                 

            BREAUX (AND LANDRIEU) AMENDMENTS NOS. 1514-1515

  (Ordered to lie on the table.)
  Mr. BREAUX (for himself and Ms. Landrieu) submitted two amendments 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

                           Amendment No. 1514

       On page 309, strike line 3 and insert the following: 
     designated Route.

     SEC. 18  . IDENTIFICATION OF HIGH PRIORITY CORRIDOR ROUTES IN 
                   LOUISIANA.

       Section 1105 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031) is amended--
       (1) in subsection (c)(1)--
       (A) by striking ``Corridor from Kansas'' and inserting the 
     following: ``Corridor--
       ``(A) from Kansas'';
       (B) in subparagraph (A) (as so designated), by striking the 
     period at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) from Shreveport, Louisiana, along Interstate Route 49 
     to Lafayette, Louisiana, and along United States Route 90 to 
     the junction with Interstate Route 10 in New Orleans, 
     Louisiana.''; and
       (2) in subsection (e)(5)(A), by inserting ``in subsection 
     (c)(1)(B),'' after ``routes referred to''.
                                                                    ____


                           Amendment No. 1515

       On page 318, strike line 15 and insert the following: 
     fiscal year for which the funds are authorized.''.

     SEC. 2002A. UNIVERSITY OF NEW ORLEANS INTERMODAL 
                   TRANSPORTATION PLANNING AND POLICY CENTER.

       (a) In General.--In addition to establishing the university 
     transportation centers under subsections (a) and (b) of 
     section 5241 of title 49, United States Code (as added by 
     section 2003 of this Act) the Secretary shall enter into such 
     arrangements as are necessary to assist the University of New 
     Orleans in establishing an Intermodal Transportation Planning 
     and Policy Center (referred to in this subsection as the 
     ``Center'').
       (b) National University Transportation Center.--The 
     Secretary shall designate the Center as a university transit 
     center for purposes of section 5241 of title 49, United 
     States Code.

[[Page S11160]]

       (c) Requirements for Center.--
       (1) In general.--The Center shall serve as the lead 
     institution in a consortium of the entities described in 
     paragraph (2).
       (2) Consortium.--At a minimum, the consortium with respect 
     to which the Center serves as lead agency shall consist of--
       (A) the Center;
       (B) the National Ports and Waterways Institute of Louisiana 
     State University;
       (C) a recognized freight intermodal transportation research 
     organization; and
       (D) the Louisiana Transportation Research Center.

                          ____________________