[Congressional Record Volume 144, Number 28 (Monday, March 16, 1998)]
[Senate]
[Pages S2002-S2082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ORDER FOR BILL TO BE PRINTED--S. 1173

  Mr. ROTH. Mr. President, I ask unanimous consent that S. 1173, the 
ISTEA bill, be printed, as amended by the Senate on March 12, 1998; and 
I further ask unanimous consent that the text of the

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committee substitute, as amended and modified, be printed in the 
Congressional Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The text of the Committee substitute, as amended, as modified, reads 
as follows:

                                S. 1173

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Intermodal 
     Surface Transportation Efficiency Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition.

                    TITLE I--SURFACE TRANSPORTATION

Sec. 1001. Short title.

                     Subtitle A--General Provisions

Sec. 1101. Authorizations.
Sec. 1102. Apportionments.
Sec. 1103. Obligation ceiling.
Sec. 1104. Obligation authority under surface transportation program.
Sec. 1105. Emergency relief.
Sec. 1106. Federal lands highways program.
Sec. 1107. Recreational trails program.
Sec. 1108. Value pricing pilot program.
Sec. 1109. Highway use tax evasion projects.
Sec. 1110. Bicycle transportation and pedestrian walkways.
Sec. 1111. Disadvantaged business enterprises.
Sec. 1112. Federal share payable.
Sec. 1113. Studies and reports.
Sec. 1114. Definitions.
Sec. 1115. Cooperative Federal Lands Transportation Program.
Sec. 1116. Trade corridor and border crossing planning and border 
              infrastructure.
Sec. 1117. Appalachian development highway system.
Sec. 1118. Interstate 4R and bridge discretionary program.
Sec. 1119. Magnetic levitation transportation technology deployment 
              program.
Sec. 1120. Woodrow Wilson Memorial Bridge.
Sec. 1121. National Highway System components.
Sec. 1122. Highway bridge replacement and rehabilitation.
Sec. 1123. Congestion mitigation and air quality improvement program.
Sec. 1124. Safety belt use law requirements.
Sec. 1125. Sense of the Senate concerning reliance on private 
              enterprise.
Sec. 1126. Study of use of uniformed police officers on Federal-aid 
              highway construction projects.
Sec. 1127. Contracting for engineering and design services.
Sec. 1128. Additional funding.
Sec. 1129. Ambassador Bridge access, Detroit, Michigan.
Sec. 1130. Transportation assistance for Olympic cities.
Sec. 1131. National defense highways outside the United States.
Sec. 1132. National historic covered bridge preservation.

            Subtitle B--Program Streamlining and Flexibility

                     Chapter 1--General Provisions

Sec. 1201. Administrative expenses.
Sec. 1202. Real property acquisition and corridor preservation.
Sec. 1203. Availability of funds.
Sec. 1204. Payments to States for construction.
Sec. 1205. Proceeds from the sale or lease of real property.
Sec. 1206. Metric conversion at State option.
Sec. 1207. Report on obligations.
Sec. 1208. Terminations.
Sec. 1209. Interstate maintenance.
Sec. 1210. Engineering cost reimbursement.

                      Chapter 2--Project Approval

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

                 Chapter 3--Eligibility and Flexibility

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

                          Subtitle C--Finance

                     Chapter 1--General Provisions

Sec. 1301. State infrastructure bank program.

    Chapter 2--Transportation Infrastructure Finance and Innovation

Sec. 1311. Short title.
Sec. 1312. Findings.
Sec. 1313. Establishment of program.
Sec. 1314. Office of Infrastructure Finance.

                           Subtitle D--Safety

Sec. 1401. Operation lifesaver.
Sec. 1402. Railway-highway crossing hazard elimination in high speed 
              rail corridors.
Sec. 1403. Railway-highway crossings.
Sec. 1404. Hazard elimination program.
Sec. 1405. Minimum penalties for repeat offenders for driving while 
              intoxicated or driving under the influence.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Automatic crash protection unbelted testing standard.
Sec. 1408. National standard to prohibit operation of motor vehicles by 
              intoxicated individuals.
Sec. 1409. Open container laws.
Sec. 1410. Report on effects of allowing heavier weight vehicles on 
              certain highways.

                        Subtitle E--Environment

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

                          Subtitle F--Planning

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

                   Subtitle G--Technical Corrections

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

                  Subtitle H--Miscellaneous Provisions

Sec. 1801. Designation of portion of State Route 17 in New York and 
              Pennsylvania as Interstate Route 86.
Sec. 1802. Identification of high priority corridor routes in 
              Louisiana.
Sec. 1803. Sense of Senate concerning the operation of longer 
              combination vehicles.
Sec. 1804. International Bridge, Sault Ste. Marie, Michigan.
Sec. 1805. Amendment to National Trails System Act.
Sec. 1806. Amendments to title 23.
Sec. 1807. Limitations.
Sec. 1808. Additional qualified expenses available to nonamtrak States.
Sec. 1809. Continuance of commercial operations at certain service 
              plazas in the State of Maryland.
Sec. 1810. Pennsylvania Station Redevelopment Corporation Board of 
              Directors.
Sec. 1811. Union Station Redevelopment Corporation Board of Directors.
Sec. 1812. Additions to Appalachian region.
Sec. 1813. Southwest border transportation infrastructure assessment.
Sec. 1814. Modification of high priority coridor.
Sec. 1815. Designation of corridors in Mississippi and Alabama as 
              routes on the interstate system.
Sec. 1816. Reauthorization of ferry and ferry terminal program.
Sec. 1817. Report on utilization potential.

                   TITLE II--RESEARCH AND TECHNOLOGY

                   Subtitle A--Research and Training

Sec. 2001. Strategic research plan.
Sec. 2002. Multimodal Transportation Research and Development Program.
Sec. 2003. National university transportation centers.
Sec. 2004. Bureau of Transportation Statistics.
Sec. 2005. Research and technology program.
Sec. 2006. Advanced research program.
Sec. 2007. Long-term pavement performance program.
Sec. 2008. State planning and research program.
Sec. 2009. Education and training.
Sec. 2010. International highway transportation outreach program.
Sec. 2011. National technology deployment initiatives and partnerships 
              program.
Sec. 2012. Infrastructure investment needs report.
Sec. 2013. Innovative bridge research and construction program.
Sec. 2014. Use of Bureau of Indian Affairs administrative funds.
Sec. 2015. Study of future strategic highway research program.
Sec. 2016. Advanced vehicle technologies program.
Sec. 2017. Transportation and environment cooperative research program.
Sec. 2018. Recycled Materials Resource Center.
Sec. 2019. Conforming amendments.
Sec. 2020. Remote sensing and spatial information technologies.

             Subtitle B--Intelligent Transportation Systems

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Intelligent transportation systems.
Sec. 2104. Conforming amendment.

                          Subtitle C--Funding

Sec. 2201. Funding.

    TITLE III--INTERMODAL TRANSPORTATION SAFETY AND RELATED MATTERS

Sec. 3001. Short title.
Sec. 3002. Amendment of title 49, United States Code.

                       Subtitle A--Highway Safety

Sec. 3101. Highway safety programs.
Sec. 3102. National driver register.
Sec. 3103. Authorizations of appropriations.
Sec. 3104. Motor vehicle pursuit program.
Sec. 3105. Enforcement of window glazing standards for light 
              transmission.
Sec. 3106. Improving air bag safety.
Sec. 3107. Roadside safety technologies.

     Subtitle B--Hazardous Materials Transportation Reauthorization

Sec. 3201. Findings and purposes; definitions.
Sec. 3202. Handling criteria repeal.
Sec. 3203. Hazmat employee training requirements.

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Sec. 3204. Registration.
Sec. 3205. Shipping paper retention.
Sec. 3206. Public sector training curriculum.
Sec. 3207. Planning and training grants.
Sec. 3208. Special permits, pilot programs, and exclusions.
Sec. 3209. Administration.
Sec. 3210. Cooperative agreements.
Sec. 3211. Enforcement.
Sec. 3212. Penalties.
Sec. 3213. Preemption.
Sec. 3214. Judicial review.
Sec. 3215. Hazardous material transportation reauthorization.
Sec. 3216. Authorization of appropriations.

            Subtitle C--Comprehensive One-Call Notification

Sec. 3301. Findings.
Sec. 3302. Establishment of one-call notification programs.

                    Subtitle D--Motor Carrier Safety

Sec. 3401. Statement of purposes.
Sec. 3402. Grants to States.
Sec. 3403. Federal share.
Sec. 3404. Authorization of appropriations.
Sec. 3405. Information systems and strategic safety initiatives.
Sec. 3406. Improved flow of driver history pilot program.
Sec. 3407. Motor carrier and driver safety research.
Sec. 3408. Authorization of appropriations.
Sec. 3409. Conforming amendments.
Sec. 3410. Automobile transporter defined.
Sec. 3411. Repeal of review panel; review procedure.
Sec. 3412. Commercial motor vehicle operators.
Sec. 3413. Penalties.
Sec. 3414. International registration plan and international fuel tax 
              agreement.
Sec. 3415. Study of adequacy of parking facilities.
Sec. 3416. Application of regulations.
Sec. 3417. Authority over charter bus transportation.
Sec. 3418. Federal motor carrier safety investigations.
Sec. 3419. Foreign motor carrier safety fitness.
Sec. 3420. Commercial motor vehicle safety advisory committee.
Sec. 3421. Waivers; exemptions; pilot programs.
Sec. 3422. Commercial motor vehicle safety studies.
Sec. 3423. Increased MCSAP participation impact study.
Sec. 3424. Exemption from certain regulations for utility service 
              commercial motor vehicle drivers.
Sec. 3425. School transportation safety.

    Subtitle E--Rail and Mass Transportation Anti-Terrorism; Safety

Sec. 3501. Purpose.
Sec. 3502. Amendments to the ``wrecking trains'' statute.
Sec. 3503. Terrorist attacks against mass transportation.
Sec. 3504. Investigative jurisdiction.
Sec. 3505. Safety considerations in grants or loans to commuter 
              railroads.
Sec. 3506. Railroad accident and incident reporting.
Sec. 3507. Mass transportation buses.

              Subtitle F--Sportfishing and Boating Safety

Sec. 3601. Amendment of 1950 Act.
Sec. 3602. Outreach and communications programs.
Sec. 3603. Clean Vessel Act funding.
Sec. 3604. Boating infrastructure.
Sec. 3605. Boat safety funds.

                       Subtitle G--Miscellaneous

Sec. 3701. Light density rail line pilot projects.
Sec. 3702. Section 1407.
Sec. 3703. Designation of New Mexico commercial zone.

            TITLE IV--OZONE AND PARTICULATE MATTER STANDARDS

Sec. 4101. Findings and purpose.
Sec. 4102. Particulate matter monitoring program.
Sec. 4103. Ozone designation requirements.
Sec. 4104. Additional provisions.

                         TITLE V--MASS TRANSIT

Sec. 5001. Short title.
Sec. 5002. Authorizations.
Sec. 5003. Capital projects and small area flexibility.
Sec. 5004. Metropolitan planning.
Sec. 5005. Metropolitan planning organizations.
Sec. 5006. Fare box revenues.
Sec. 5007. Clean fuels formula grant program.
Sec. 5008. Capital investment grants and loans.
Sec. 5009. Transit supportive land use.
Sec. 5010. New starts.
Sec. 5011. Joint partnership for deployment of innovation.
Sec. 5012. Workplace safety.
Sec. 5013. University transportation centers.
Sec. 5014. Job access and reverse commute grants.
Sec. 5015. Grant requirements.
Sec. 5016. HHS and public transit service.
Sec. 5017. Proceeds from the sale of transit assets.
Sec. 5018. Operating assistance for small transit authorities in large 
              urbanized areas.
Sec. 5019. Apportionment of appropriations for fixed guideway 
              modernization.
Sec. 5020. Urbanized area formula study.
Sec. 5021. Intercity rail infrastructure investment from mass transit 
              account of highway trust fund.
Sec. 5022. New start rating and evaluation.

                           TITLE VI--REVENUE

Sec. 6001. Short title; amendment of 1986 Code.
Sec. 6002. Extension and modification of highway-related taxes and 
              trust fund.
Sec. 6003. Mass Transit Account.
Sec. 6004. Tax-exempt financing of qualified highway infrastructure 
              construction.
Sec. 6005. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 6006. Election to receive taxable cash compensation in lieu of 
              nontaxable qualified transportation fringe benefits.
Sec. 6007. Tax treatment of certain Federal participation payments.
Sec. 6008. Delay in effective date of new requirement for approved 
              diesel or kerosene terminals.
Sec. 6009. Repeal of certain limitation on expenditures.

     SEC. 2. DEFINITION.

       In this Act, the term ``Secretary'' means the Secretary of 
     Transportation.
                    TITLE I--SURFACE TRANSPORTATION

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Surface Transportation Act 
     of 1998''.
                     Subtitle A--General Provisions

     SEC. 1101. AUTHORIZATIONS.

       (a) In General.--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 $11,977,000,000 for fiscal year 
     1998, $11,949,000,000 for fiscal year 1999, $11,922,000,000 
     for fiscal year 2000, $11,950,000,000 for fiscal year 2001, 
     $12,242,000,000 for fiscal year 2002, and $12,659,000,000 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.
       (b) Reduction for Amounts Made Available for Fiscal Year 
     1998 Under Surface Transportation Extension Act of 1997.--
     Notwithstanding any other provision of this Act, the 
     Secretary shall reduce the amounts made available under this 
     section, other provisions of this Act, and the amendments 
     made by this Act for fiscal year 1998 by the amounts made 
     available under the Surface Transportation Extension Act of 
     1997 (Public Law 105-130) in the following manner:
       (1) Interstate maintenance.--
       (A) Reduction.--The amount made available to each State 
     under the Interstate maintenance component of the Interstate 
     and National Highway System program under section 
     104(b)(1)(A) of title 23, United States Code, shall be 
     reduced by the amount made available to the State under 
     section 2 of the Surface Transportation Extension Act of 1997 
     (23 U.S.C. 104 note; 111 Stat. 2552) (and the amendments made 
     by that Act) (collectively referred to in this subsection as 
     ``STEA'') for the Interstate maintenance program.
       (B) Insufficient interstate maintenance funds.--If--
       (i) the amount made available to the State under section 2 
     of STEA for the Interstate maintenance program; exceeds
       (ii) the amount made available to the State under the 
     Interstate maintenance component under section 104(b)(1)(A) 
     of title 23, United States Code;
     then, after the reduction required by subparagraph (A) is 
     made, the amount made available to the State under the 
     Interstate bridge and other National Highway System 
     components of the Interstate and National Highway System 
     program under subparagraphs (B) and (C) of section 104(b)(1) 
     of that title shall be reduced by the amount of the excess.
       (2) Bridges.--The amount made available to each State under 
     the Interstate bridge and other National Highway System 
     components of the Interstate and National Highway System 
     program under subparagraphs (B) and (C) of section 104(b)(1) 
     of title 23, United States Code, shall be reduced by the 
     amount made available to the State under section 2 of STEA 
     for the bridge program.
       (3) National highway system.--The amount made available to 
     each State under the Interstate bridge and other National 
     Highway System

[[Page S2005]]

     components of the Interstate and National Highway System 
     program under subparagraphs (B) and (C) of section 104(b)(1) 
     of title 23, United States Code, shall be reduced by the 
     amount made available to the State under section 2 of STEA 
     for the National Highway System.
       (4) Congestion mitigation and air quality improvement 
     program.--The amount made available to each State for the 
     congestion mitigation and air quality improvement program 
     under section 104(b)(2) of title 23, United States Code, 
     shall be reduced by the amount made available to the State 
     under section 2 of STEA for the congestion mitigation and air 
     quality improvement program.
       (5) Metropolitan planning.--The amount made available to 
     each State for metropolitan planning under section 104(f) of 
     title 23, United States Code, shall be reduced by the amount 
     made available to the State under section 5 of STEA for 
     metropolitan planning.
       (6) Surface transportation program.--
       (A) Safety programs.--
       (i) Reduction.--The amount set aside for safety programs 
     from the amount made available to each State for the surface 
     transportation program under section 104(b)(3) of title 23, 
     United States Code, shall be reduced by the amount set aside 
     for safety programs from the amount made available to the 
     State under section 2 of STEA for the surface transportation 
     program, minimum allocation, Interstate reimbursement, the 
     donor State bonus, hold harmless, and 90 percent of payments 
     adjustments.
       (ii) Insufficient safety program funds.--If--

       (I) the amount set aside for safety programs from the 
     amount made available to the State under section 2 of STEA 
     for the surface transportation program, minimum allocation, 
     Interstate reimbursement, the donor State bonus, hold 
     harmless, and 90 percent of payments adjustments; exceeds
       (II) the amount set aside for safety programs from the 
     amount made available to the State for the surface 
     transportation program under section 104(b)(3) of title 23, 
     United States Code;

     then, after the reduction required by clause (i) is made, the 
     amount made available to the State for the surface 
     transportation program under section 104(b)(3), other than 
     the amounts set aside or suballocated under section 133(d) or 
     505 of that title, shall be reduced by the amount of the 
     excess.
       (B) Transportation enhancement activities.--
       (i) Reduction.--The amount set aside for transportation 
     enhancement activities from the amount made available to each 
     State for the surface transportation program under section 
     104(b)(3) of title 23, United States Code, shall be reduced 
     by the amount set aside for transportation enhancement 
     activities from the amount made available to the State under 
     section 2 of STEA for the surface transportation program, 
     minimum allocation, Interstate reimbursement, the donor State 
     bonus, hold harmless, and 90 percent of payments adjustments.
       (ii) Insufficient transportation enhancement funds.--If--

       (I) the amount set aside for transportation enhancement 
     activities from the amount made available to the State under 
     section 2 of STEA for the surface transportation program, 
     minimum allocation, Interstate reimbursement, the donor State 
     bonus, hold harmless, and 90 percent of payments adjustments; 
     exceeds
       (II) the amount set aside for transportation enhancement 
     activities from the amount made available to the State for 
     the surface transportation program under section 104(b)(3) of 
     title 23, United States Code;

     then, after the reduction required by clause (i) is made, the 
     amount made available to the State for the surface 
     transportation program under section 104(b)(3), other than 
     the amounts set aside or suballocated under section 133(d) or 
     505 of that title, shall be reduced by the amount of the 
     excess.
       (C) Suballocation by population.--The total of--
       (i) the amount suballocated by population from the amount 
     made available to each State for the surface transportation 
     program under section 104(b)(3) of title 23, United States 
     Code;
       (ii) the amount suballocated by population from the amount 
     made available to the State for ISTEA transition under 
     section 1102(c); and
       (iii) the amount suballocated by population from the amount 
     made available to the State for minimum guarantee under 
     section 105 of that title;
     shall be reduced by the amount suballocated by population 
     from the amount made available to the State under section 2 
     of STEA for the surface transportation program, minimum 
     allocation, Interstate reimbursement, the donor State bonus, 
     hold harmless, and 90 percent of payments adjustments.
       (D) Surface transportation program flexible funds; 
     interstate reimbursement; equity adjustments.--
       (i) Reduction.--The total of--

       (I) the amount made available to each State for the surface 
     transportation program under section 104(b)(3) of title 23, 
     United States Code, other than the amounts set aside or 
     suballocated under section 133(d) or 505 of that title;
       (II) the amount made available to the State for ISTEA 
     transition under section 1102(c), other than the amounts 
     subject to section 133(d)(3) or 505 of that title; and
       (III) the amount made available to the State for minimum 
     guarantee under section 105 of that title, other than the 
     amount subject to section 133(d)(3) of that title;

     shall be reduced by the amount made available to the State 
     under section 2 of STEA for the surface transportation 
     program, minimum allocation, Interstate reimbursement, the 
     donor State bonus, hold harmless, and 90 percent of payments 
     adjustments, other than the amounts set aside or suballocated 
     under section 133(d) or 307(c) (as in effect on the day 
     before the date of enactment of this Act) of that title.
       (ii) Insufficient surface transportation program flexible, 
     istea transition, and minimum guarantee funds.--If--

       (I) the amount made available to the State under section 2 
     of STEA for the surface transportation program, minimum 
     allocation, Interstate reimbursement, the donor State bonus, 
     hold harmless, and 90 percent of payments adjustments, other 
     than the amounts set aside or suballocated under section 
     133(d) or 307(c) (as in effect on the day before the date of 
     enactment of this Act) of that title; exceeds
       (II) the sum of the amounts described in subclauses (I) 
     through (III) of clause (i), after application of the 
     preceding provisions of this subsection;

     then, after the reduction required by clause (i) is made, the 
     amount made available under the Interstate bridge and other 
     National Highway System components of the Interstate and 
     National Highway System program under subparagraphs (B) and 
     (C) of section 104(b)(1) of that title shall be reduced by 
     the amount of the excess.
       (7) Funding restoration; istea sections 1103-1108 funds; 
     state planning and research.--
       (A) Reduction.--The amount made available to each State for 
     the surface transportation program under section 104(b)(3) of 
     title 23, United States Code, other than the amounts set 
     aside or suballocated under section 133(d) or 505 of that 
     title, shall be reduced by the sum of--
       (i) the amount made available to the State for funding 
     restoration under section 2 of STEA;
       (ii) the amount equal to the funds provided to the State 
     under sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027) under 
     section 2 of STEA; and
       (iii) the amount made available from the surface 
     transportation program under section 104(b)(3) of that title 
     for State planning and research under section 307(c) of that 
     title (as in effect on the day before the date of enactment 
     of this Act) for fiscal year 1998.
       (B) Insufficient surface transportation program flexible 
     funds.--If--
       (i) the sum of the amounts described in clauses (i) through 
     (iii) of subparagraph (A); exceeds
       (ii) the amount made available to each State for the 
     surface transportation program under section 104(b)(3) of 
     title 23, United States Code, other than the amounts set 
     aside or suballocated under section 133(d) or 505 of that 
     title, after application of the preceding provisions of this 
     subsection;
     then, after the reduction required by subparagraph (A) is 
     made, the amount made available under the Interstate bridge 
     and other National Highway System components of the 
     Interstate and National Highway System program under 
     subparagraphs (B) and (C) of section 104(b)(1) of that title 
     shall be reduced by the amount of the excess.
       (8) Additional allocation.--The amount made available to 
     each State for the surface transportation program under 
     section 104(b)(3) of title 23, United States Code, that 
     remains available after the set-asides required by section 
     133(d) of that title shall be reduced by the amount made 
     available to the State under section 2 of STEA for section 
     1015(c) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (105 Stat. 1944).
       (9) Administrative expenses.--
       (A) Federal highway administration.--The amount made 
     available for administrative expenses under section 104(a) of 
     title 23, United States Code, shall be reduced by the amount 
     made available under section 4(a)(2) of STEA.
       (B) Woodrow wilson memorial bridge.--The amount made 
     available under section 412 of the Woodrow Wilson Memorial 
     Bridge Authority Act of 1995 shall be reduced by the amount 
     made available under section 4(a)(3) of STEA.
       (C) Bureau of transportation statistics.--The amount made 
     available under section 111(m) of title 49, United States 
     Code, shall be reduced by the amount made available under 
     section 4(b) of STEA.
       (10) Federal lands highways program.--
       (A) Indian reservation roads.--The amount made available 
     for Indian reservation roads under section 204 of title 23, 
     United States Code, shall be reduced by the amount made 
     available under section 5(a)(1) of STEA.
       (B) Public lands highways.--The amount made available for 
     public lands highways under section 204 of title 23, United 
     States Code, shall be reduced by the amount made available 
     under section 5(a)(2) of STEA.
       (C) Parkways and park roads.--The amount made available for 
     parkways and park roads under section 204 of title 23, United 
     States Code, shall be reduced by the amount made available 
     under section 5(a)(3) of STEA.
       (11) Recreational trails program.--The amount made 
     available for the recreational trails program under section 
     206 of title 23, United States Code, shall be reduced by the 
     amount made available under section 5(b) of STEA.
       (12) Highway use tax evasion projects.--The amount made 
     available for highway use tax evasion projects under section 
     143 of title 23, United States Code, shall be reduced by the 
     amount made available under section 5(c)(1) of STEA.
       (13) National scenic byways program.--The amount made 
     available for the national scenic byways program under 
     section 165 of title 23, United States Code, shall be reduced 
     by the amount made available under section 5(c)(2) of STEA.
       (14) Intelligent transportation systems.--The amount made 
     available for intelligent transportation systems under 
     subchapter II of

[[Page S2006]]

     chapter 5 of title 23, United States Code, shall be reduced 
     by the amount made available under by section 5(d) of STEA.
       (15) Surface transportation research.--
       (A) Operation lifesaver.--The amount made available for 
     operation lifesaver under section 104(d)(1) of title 23, 
     United States Code, shall be reduced by the amount made 
     available under section 5(e)(1) of STEA.
       (B) Dwight david eisenhower transportation fellowship 
     program.--The amount made available for the Dwight David 
     Eisenhower Transportation Fellowship Program under section 
     506(c) of title 23, United States Code, shall be reduced by 
     the amount made available under section 5(e)(2) of STEA.
       (C) National highway institute.--The amount made available 
     for the National Highway Institute under section 506(b) of 
     title 23, United States Code, shall be reduced by the amount 
     made available under section 5(e)(3) of STEA.
       (16) Education and training.--The amount made available for 
     education and training under section 506(a) of title 23, 
     United States Code, shall be reduced by the amount made 
     available under section 5(e)(4) of STEA.
       (17) Territories.--The amount made available for the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands under section 104(b)(1)(C)(i) of 
     title 23, United States Code, shall be reduced by the amount 
     made available under section 5(g) of STEA.

     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) and section 207(f), shall apportion the remainder of the 
     sums made available for expenditure on the Interstate and 
     National Highway System program, 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) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1998) 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 1998);

     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) (as in effect on the day before the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1998) 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 1998);

     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, and for the purposes specified in 
     subparagraph (A), 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.

[[Page S2007]]

       ``(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 Delay in Deposits Into Highway Trust 
     Fund.--Section 104 of title 23, United States Code, is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Effect of Certain Delay in Deposits Into Highway 
     Trust Fund.--Notwithstanding any other provision of law, 
     deposits into the Highway Trust Fund resulting from the 
     application of section 901(e) of the Taxpayer Relief Act of 
     1997 (111 Stat. 872) 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 1998 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 1998 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 1998 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 ....

[[Page S2008]]

    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)(3)''.
       (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)(3)''; 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)''.
       (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 1998) 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 1998)'';
       (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 1998)'';
       (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 1998)''; 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 1998)''.
       (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)''.
       (7) Section 142(b) of title 23, United States Code, is 
     amended by striking ``paragraph (5) of subsection (b) of 
     section 104 of this title'' and inserting ``section 
     104(b)(1)(A)''.
       (8) Section 152(e) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 
     104(b)(1)'' and inserting ``section 104(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) $21,500,000,000 for fiscal year 1998;
       (2) $28,462,000,000 for fiscal year 1999;
       (3) $28,894,000,000 for fiscal year 2000;
       (4) $29,334,000,000 for fiscal year 2001;
       (5) $29,800,000,000 for fiscal year 2002; and
       (6) $30,319,000,000 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 2007, 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 
     (as specified in the letter from the Director of the 
     Congressional Budget Office to the Chairman of the Senate 
     Committee on Environment and Public Works, dated March 12, 
     1998)), 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.

[[Page S2009]]

       (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 (excluding 
     demonstration projects) 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 (excluding 
     demonstration projects) that are apportioned or allocated to 
     all States for the fiscal year;
       ``(B) provide all States with authority sufficient to 
     prevent lapses of sums made available 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 1998;
       ``(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 1998;
       ``(x) amounts made available for implementation of programs 
     under chapter 5 of this title and sections 5222, 5232, and 
     5241 of title 49;
       ``(xi) amounts set aside under section 104(d) for operation 
     lifesaver and railway-highway crossing hazard elimination in 
     high speed rail corridors; and
       ``(xii) amounts made available under section 412 of the 
     Woodrow Wilson Memorial Bridge Authority Act of 1995.
       ``(xiii) amounts set aside under section 1133.
       ``(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).
       ``(3) Demonstration projects.--
       ``(A) 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.
       ``(B) Maximum obligation level.--For each fiscal year, a 
     State may obligate for demonstration projects an amount of 
     the obligation authority for Federal-aid highways and highway 
     safety construction programs made available to the State for 
     the fiscal year that is not more than the product obtained by 
     multiplying--
       ``(i) the total of the sums made available for 
     demonstration projects in the State for the fiscal year; by
       ``(ii) the ratio that--

       ``(I) the total amount of the obligation authority for 
     Federal-aid highways and highway safety construction programs 
     (including demonstration projects) made available to the 
     State for the fiscal year; bears to
       ``(II) the total of the sums made available for Federal-aid 
     highways and highway safety construction programs (including 
     demonstration projects) that are apportioned or allocated to 
     the State for the fiscal year.

       ``(4) Definition of demonstration project.--In this 
     subsection, the term `demonstration project' means a 
     demonstration project or similar project (including any 
     project similar to a project authorized under any of sections 
     1103 through 1108 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2027)) that is funded from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     and authorized under--
       ``(A) the Intermodal Surface Transportation Efficiency Act 
     of 1998; or
       ``(B) any law enacted after the date of enactment of that 
     Act.''.
       (e) Limitations on Obligations for Administrative 
     Expenses.--Notwithstanding any other provision of law, the 
     total amount of all obligations under section 104(a) of title 
     23, United States Code, shall not exceed--
       (1) $301,725,000 for fiscal year 1999;
       (2) $302,055,000 for fiscal year 2000;
       (3) $303,480,000 for fiscal year 2001;
       (4) $310,470,000 for fiscal year 2002; and
       (5) $320,595,000 for fiscal year 2003.
       (f) 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 made available 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;

[[Page S2010]]

     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 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 by rule 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

[[Page S2011]]

     (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.--
       (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--

[[Page S2012]]

       ``(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.
       ``(8) In addition to funds allocated under this section, a 
     State may, at its discretion, expend up to one-fourth of one 
     percent of its annual Federal-aid apportionments under 
     104(b)(3) on initiatives to halt the evasion of payment of 
     motor fuel taxes.
       ``(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.--
       ``(A) In general.--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--
       ``(i) $8,000,000 for development of the system; and
       ``(ii) $2,000,000 for each of fiscal years 1998 through 
     2003 for operation and maintenance of the system.
       ``(B) Availability.--Notwithstanding section 118(a), funds 
     made available under subparagraph (A) shall not be available 
     in advance of an annual appropriation.''.
       (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, II, and V 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

[[Page S2013]]

     principal owners, financial capacity, and type of work 
     preferred.
       (e) Compliance With Court Orders.--Nothing in this section 
     limits the eligibility of an entity or person to receive 
     funds made available under titles I, II, and V of this Act, 
     if the entity or person is prevented, in whole or in part, 
     from complying with subsection (a) because a Federal court 
     issues a final order in which the court finds that the 
     requirement of subsection (a), or the program established 
     under subsection (a), is unconstitutional.
       (f) Review by Comptroller General.--Not later than 3 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall conduct a review of, and 
     publish and report to Congress findings and conclusions on, 
     the impact throughout the United States of administering the 
     requirement of subsection (a), including an analysis of--
       (1) in the case of small business concerns certified in 
     each State under subsection (d) as owned and controlled by 
     socially and economically disadvantaged individuals--
       (A) the number of the small business concerns; and
       (B) the participation rates of the small business concerns 
     in prime contracts and subcontracts funded under titles I, 
     II, and V of this Act;
       (2) in the case of small business concerns described in 
     paragraph (1) that receive prime contracts and subcontracts 
     funded under titles I, II, and V of this Act--
       (A) the number of the small business concerns;
       (B) the annual gross receipts of the small business 
     concerns; and
       (C) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (3) in the case of small business concerns described in 
     paragraph (1) that do not receive prime contracts and 
     subcontracts funded under titles I, II, and V of this Act--
       (A) the annual gross receipts of the small business 
     concerns; and
       (B) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (4) in the case of business concerns that receive prime 
     contracts and subcontracts funded under titles I, II, and V 
     of this Act, other than small business concerns described in 
     paragraph (2)--
       (A) the annual gross receipts of the business concerns; and
       (B) the net worth of individuals that own and control the 
     business concerns;
       (5) the rate of graduation from any programs carried out to 
     comply with the requirement of subsection (a) for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals;
       (6) the overall cost of administering the requirement of 
     subsection (a), including administrative costs, certification 
     costs, additional construction costs, and litigation costs;
       (7) any discrimination, on the basis of race, color, 
     national origin, or sex, against small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals;
       (8)(A) any other factors limiting the ability of small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals to compete for prime 
     contracts and subcontracts funded under titles I, II, and V 
     of this Act; and
       (B) the extent to which any of those factors are caused, in 
     whole or in part, by discrimination based on race, color, 
     national origin, or sex;
       (9) any discrimination, on the basis of race, color, 
     national origin, or sex, against construction companies owned 
     and controlled by socially and economically disadvantaged 
     individuals in public and private transportation contracting 
     and the financial, credit, insurance, and bond markets;
       (10) the impact on small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals of--
       (A) the issuance of a final order described in subsection 
     (e) by a Federal court that suspends a program established 
     under subsection (a); or
       (B) the repeal or suspension of State or local 
     disadvantaged business enterprise programs; and
       (11) the impact of the requirement of subsection (a), and 
     any program carried out to comply with subsection (a), on 
     competition and the creation of jobs, including the creation 
     of jobs for socially and economically disadvantaged 
     individuals.

     SEC. 1112. FEDERAL SHARE PAYABLE.

       (a) In General.--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.''.
       (b) Technical Amendments.--
       (1) Section 104(f)(3) of title 23, United States Code, is 
     amended in the second sentence by striking ``section 120(j) 
     of this title'' and inserting ``section 120''.
       (2) Section 130(a) of title 23, United States Code, is 
     amended--
       (A) in the first sentence, by striking ``Except as provided 
     in subsection (d) of section 120 of this title'' and 
     inserting ``Subject to section 120''; and
       (B) in the second sentence, by striking ``except as 
     provided in subsection (d) of section 120 of this title'' and 
     inserting ``subject to section 120''.

     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 section 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.''.
       (d) Evaluation of Procurement Practices and Project 
     Delivery.--

[[Page S2014]]

       (1) Study.--The Comptroller General shall conduct a study 
     to assess--
       (A) the impact that a utility company's failure to relocate 
     its facilities in a timely manner has on the delivery and 
     cost of Federal-aid highway and bridge projects;
       (B) methods States use to mitigate delays described in 
     subparagraph (A), including the use of the courts to compel 
     utility cooperation;
       (C) the prevalence and use of--
       (i) incentives to utility companies for early completion of 
     utility relocations on Federal-aid transportation project 
     sites; and
       (ii) penalties assessed on utility companies for utility 
     relocation delays on such projects;
       (D) the extent to which States have used available 
     technologies, such as subsurface utility engineering, early 
     in the design of Federal-aid highway and bridge projects so 
     as to eliminate or reduce the need for or delays due to 
     utility relocations; and
       (E)(i) whether individual States compensate transportation 
     contractors for business costs incurred by the contractors 
     when Federal-aid highway and bridge projects under contract 
     to the contractors are delayed by delays caused by utility 
     companies in utility relocations; and
       (ii) methods used by States in making any such 
     compensation.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study, including 
     any recommendations that the Comptroller General determines 
     to be appropriate as a result of the study.

     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 
     under subsection (e) 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 under 
     subsection (e) 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.--Subject to subsection (f), 
     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 under subsection (e) 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 (other than subsection (f)) 
     $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.
       ``(f) Additional Authorization of Contract Authority for 
     States With Indian Reservations.--
       ``(1) Availability to states.--Not later than October 1 of 
     each fiscal year, funds made available under paragraph (5) 
     for the fiscal year shall be made available by the Secretary, 
     in equal amounts, to each State that has within the 
     boundaries of the State all or part of an Indian reservation 
     having a land area of 10,000,000 acres or more.
       ``(2) Availability to eligible counties.--
       ``(A) In general.--Each fiscal year, each county that is 
     located in a State to which funds are made available under 
     paragraph (1), and that has in the county a public road 
     described in subparagraph (B), shall be eligible to apply to 
     the State for all or a portion of the funds made available to 
     the State under this subsection to be used by the county to 
     maintain such roads.
       ``(B) Roads.--A public road referred to in subparagraph (A) 
     is a public road that--
       ``(i) is within, adjacent to, or provides access to an 
     Indian reservation described in paragraph (1);
       ``(ii) is used by a school bus to transport children to or 
     from a school or Headstart program carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.); and
       ``(iii) is maintained by the county in which the public 
     road is located.
       ``(C) Allocation among eligible counties.--
       ``(i) In general.--Except as provided in clause (ii), each 
     State that receives funds under paragraph (1) shall provide 
     directly to each county that applies for funds the amount 
     that the county requests in the application.
       ``(ii) Allocation among eligible counties.--If the total 
     amount of funds applied for under this subsection by eligible 
     counties in a State exceeds the amount of funds available to 
     the State, the State shall equitably allocate the funds among 
     the eligible counties that apply for funds.
       ``(3) Supplementary funding.--For each fiscal year, the 
     Secretary shall ensure that funding made available under this 
     subsection supplements (and does not supplant)--
       ``(A) any obligation of funds by the Bureau of Indian 
     Affairs for road maintenance programs on Indian reservations; 
     and
       ``(B) any funding provided by a State to a county for road 
     maintenance programs in the county.
       ``(4) Use of unallocated funds.--Any portion of the funds 
     made available to a State under this subsection that is not 
     made available to counties within 1 year after the funds are 
     made available to the State shall be apportioned among the 
     States in accordance with section 104(b).
       ``(5) Set-aside.--For each of fiscal years 1998 through 
     2003, the Secretary shall set aside $1,500,000 from amounts 
     made available under section 541(a) of title 23, United 
     States Code.''.
       (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.''.

[[Page S2015]]

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

       (a) Definitions.--In this section:
       (1) Affected port of entry.--The term ``affected port of 
     entry'' means a seaport or airport in any State that 
     demonstrates that the transportation of cargo by rail or 
     motor carrier through the seaport or airport has increased 
     significantly since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182).
       (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 and through 
     affected ports of entry.
       (B) Identification of corridors.--Each corridor and 
     affected port of entry referred to in subparagraph (A) shall 
     be cooperatively identified by the States along the corridor 
     or by the State in which the affected port of entry is 
     located.
       (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, not later than 2 years after 
     receipt of the grant--
       (i) in cooperation with the other States along the 
     corridor, the State will submit a plan for corridor 
     improvements to the Secretary; or
       (ii) the State will submit a plan for affected port of 
     entry improvements to the Secretary.
       (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;
       (B) includes strategies to involve both the public and 
     private sectors in the proposed project;
       (C) provides for the safe and efficient movement of goods 
     along and within international or interstate trade corridors; 
     and
       (D) provides for the continued planning and development of 
     trade corridors.
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--
     Notwithstanding any other provision of this Act, in selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under this subsection, the Secretary shall 
     consider--
       (A) the extent to which the annual volume of commercial 
     vehicle traffic at the border stations or ports of entry of 
     each State--
       (i) has increased since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182); and
       (ii) is projected to increase in the future;
       (B) the extent to which commercial vehicle traffic in each 
     State--
       (i) has increased since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182); and
       (ii) is projected to increase in the future;
       (C) the extent of border and affected port of entry or 
     ports of entry transportation improvements carried out by 
     each State since the date of enactment of the North American 
     Free Trade Agreement Implementation Act (Public Law 103-182);
       (D) the extent to which international truck-borne 
     commodities move through each State;
       (E) the reduction in commercial and other travel time 
     through a major international gateway or affected port of 
     entry expected as a result of the proposed project including 
     the level of traffic delays at at-grade highway crossings of 
     major rail lines in trade corridors;
       (F) 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 including State, local, and private 
     matching funds;
       (G) improvements in vehicle and highway safety and cargo 
     security in and through the gateway or affected port of entry 
     concerned;
       (H) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (I) 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;
       (J) demonstrated local commitment to implement and sustain 
     continuing comprehensive border or affected port of entry 
     planning processes and improvement programs; and
       (K) the value of the cargo carried by commercial vehicle 
     traffic, to the extent that the value of the cargo and 
     congestion impose economic costs on the Nation's economy.
       (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 including the deployment 
     of technologies to detect and deter illegal narcotic 
     smuggling;
       (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

[[Page S2016]]

     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--
       ``(i) 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; and

       ``(ii) at least $15,000,000 of the amounts set aside under 
     paragraph (1) to any State with respect to which the average 
     service life of the bridges in the State exceeds 46 years as 
     of the date of enactment of the Intermodal Surface 
     Transportation Efficiency Act of 1998.
       ``(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)(i).
       ``(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 seismic retrofit of the 
     bridge made available after the date of expenditure.
       ``(5) Required allocation for certain states.--
       ``(A) Allocation.--For each of fiscal years 1998 through 
     2003, the Secretary shall allocate on October 1, to States 
     eligible under subparagraph (B), for use for projects 
     described in paragraph (1), $10,000,000 of the amounts set 
     aside under paragraph (1) from amounts to be apportioned 
     under subsection (b)(1)(A).
       ``(B) Eligible states.--A State shall be eligible for an 
     allocation under subparagraph (A) for a fiscal year if--
       ``(i) the State ranks among the lowest 10 percent of States 
     in a ranking of States by per capita personal income;
       ``(ii) for the State, the ratio that--

       ``(I) the State's estimated percentage of total Federal-aid 
     highway program apportionments for the period of fiscal years 
     1998 through 2003 under this title; bears to
       ``(II) the percentage of estimated total tax receipts 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     the period of fiscal years 1998 through 2003;

     is less than 1.00, as of the date of enactment of this 
     subsection; and

[[Page S2017]]

       ``(iii)(I) the State's estimated percentage of total 
     Federal-aid highway program apportionments for the period of 
     fiscal years 1998 through 2003 under this title, as of the 
     date of enactment of this subsection; is less than
       ``(II) the State's percentage of total Federal-aid highway 
     program apportionments and Federal lands highways program 
     allocations under the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1914), and allocations 
     under sections 1103 through 1108 of that Act, for the period 
     of fiscal years 1992 through 1997.
       ``(C) Additional allocation.--An allocation to a State 
     under subparagraph (A) shall be in addition to any allocation 
     to the State under paragraph (1).
       ``(6) 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 1998, 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.--
       ``(1) Pre-construction planning activities.--
       ``(A) 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 one or more eligible 
     projects to receive financial assistance for pre-construction 
     planning activities, including--
       ``(i) preparation of feasibility studies, major investment 
     studies, and environmental impact statements and assessments 
     as are required under State law;
       ``(ii) pricing of the final design, engineering, and 
     construction activities proposed to be assisted under 
     paragraph (2); and
       ``(iii) such other activities as are necessary to provide 
     the Secretary with sufficient information to evaluate whether 
     a project should receive financial assistance for final 
     design, engineering, and construction activities under 
     paragraph (2).
       ``(B) Notwithstanding subsection (a)(1) of this section, 
     eligible project costs shall include the cost of pre-
     construction planning activities.
       ``(2) Final design, engineering, and construction 
     activities.--After completion of pre-construction planning 
     activities for all projects assisted under paragraph (1), the 
     Secretary shall select one of the projects to receive 
     financial assistance for final design, engineering, and 
     construction activities.
       ``(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.--
       ``(i) In general.--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.
       ``(ii) Availability.--Notwithstanding section 118(a), funds 
     made available under clause (i) shall not be available in 
     advance of an annual appropriation.
       ``(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 1998, 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:

[[Page S2018]]

       ``(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;
       ``(C) require that--
       ``(i)(I) the Project include not more than 12 traffic 
     lanes, of which 2 lanes shall be exclusively for use by high 
     occupancy vehicles, express buses, or rail transit; and
       ``(II) the design, construction, and operation of the 
     Project reflect the requirements of subclause (I);
       ``(ii) all provisions described in the environmental impact 
     statement for the Project or the record of decision for the 
     Project (including in the attachments to the statement and 
     record) for mitigation of environmental and other impacts of 
     the Project be implemented; and
       ``(iii) the Authority and the Capital Region jurisdictions 
     develop a process to fully integrate affected local 
     governments, on an ongoing basis, in the process of carrying 
     out the engineering, design, and construction phases of the 
     project, including planning for implementing the provisions 
     described in clause (ii); and
       ``(D) 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 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'';

[[Page S2019]]

       (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)) and 
     classified under section 181(a) or 186(a) of the Clean Air 
     Act (42 U.S.C. 7511(a), 7512(a)) 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, or reasonably expected or intended to be part of 1 or 
     more such projects, shall be performed under a contract 
     awarded in accordance with subparagraph (A) unless the 
     simplified acquisition procedures of the Federal Acquisition 
     Regulations apply.
       ``(ii) Prohibition on state restriction.--A State shall not 
     impose any overhead restriction, or salary limitation 
     inconsistent with the Federal Acquisition Regulations, 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 procedures, 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 procedures of 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 procedure 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).''.

     SEC. 1128. ADDITIONAL FUNDING.

       (a) In General.--
       (1) Apportionment.--On October 1, or as soon as practicable 
     thereafter, of each fiscal year, after making apportionments 
     and allocations under sections 104 and 105(a) of title 23, 
     United States Code, and section 1102(c) of this Act, the 
     Secretary shall apportion, in accordance with paragraph (2), 
     the funds made available by paragraph (3) among the States in 
     the ratio that--
       (A) the total of the apportionments to each State under 
     section 104 of title 23, United States Code, and section 
     1102(c) of this Act and the allocations to each State under 
     section 105(a) of that title (excluding amounts made 
     available under this section); bears to
       (B) the total of all apportionments to all States under 
     section 104 of that title and section 1102(c) of this Act and 
     all allocations to all States under section 105(a) of that 
     title (excluding amounts made available under this section).
       (2) Distribution among categories.--
       (A) Limited flexible funding for certain states.--For each 
     fiscal year, in the case of each State that does not receive 
     funding under subsection (c) or an allocation under 
     subsection (d), an amount equal to 22 percent of the funds 
     apportioned to the State under paragraph (1) shall be set 
     aside for use by the State for any purpose eligible for 
     funding under title 23, United States Code, or this Act.
       (B) Distribution of remaining funds.--
       (i) In general.--For each fiscal year, after application of 
     subparagraph (A), the remaining funds apportioned to each 
     State under paragraph (1) shall be apportioned in accordance 
     with clause (ii) among the following categories:

       (I) The Interstate maintenance component of the Interstate 
     and National Highway System program under section 
     104(b)(1)(A) of title 23, United States Code.
       (II) The Interstate bridge component of the Interstate and 
     National Highway System program under section 104(b)(1)(B) of 
     that title.
       (III) The National Highway System component of the 
     Interstate and National Highway System program under section 
     104(b)(1)(C) of that title.
       (IV) The congestion mitigation and air quality improvement 
     program under section 104(b)(2) of that title.

[[Page S2020]]

       (V) The surface transportation program under section 
     104(b)(3) of that title.
       (VI) Metropolitan planning under section 104(f) of that 
     title.
       (VII) Minimum guarantee under section 105 of that title.
       (VIII) ISTEA transition under section 1102(c) of this Act.

       (ii) Distribution formula.--For each State and each fiscal 
     year, the amount of funds apportioned for each category under 
     clause (i) shall be equal to the product obtained by 
     multiplying--

       (I) the amount of funds apportioned to the State for the 
     fiscal year under paragraph (1); by
       (II) the ratio that--

       (aa) the amount of funds apportioned to the State for the 
     category for the fiscal year under the other sections of this 
     Act and the amendments made by this Act; bears to
       (bb) the total amount of funds apportioned to the State for 
     all of the categories for the fiscal year under the other 
     sections of this Act and the amendments made by this Act.
       (3) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $640,000,000 for fiscal year 1998, 
     $3,346,000,000 for fiscal year 1999, $3,634,000,000 for 
     fiscal year 2000, $3,881,000,000 for fiscal year 2001, 
     $3,831,000,000 for fiscal year 2002, and $3,603,000,000 for 
     fiscal year 2003.
       (B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (b) Other Adjustments.--
       (1) In general.--Notwithstanding sections 1116, 1117, and 
     1118, and the amendments made by those sections--
       (A) in addition to the amounts authorized to be 
     appropriated under section 1116(d)(5), there shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out section 1116(d) $90,000,000 for 
     each of fiscal years 1999 through 2003; and
       (B) in addition to the funds made available under the 
     amendment made by section 1117(d), there shall be available 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) in the manner described in, and to carry out the 
     purposes specified in, that amendment $378,000,000 for each 
     of fiscal years 1999 through 2003, except that the funds made 
     available under this subparagraph, notwithstanding section 
     118(e)(1)(C)(v) of title 23, United States Code, and section 
     201(g)(1)(B) of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.), shall be subject to subparagraphs (A) 
     and (B) of section 118(e)(1) of that title.
       (2) Contract authority.--Funds authorized under 
     subparagraphs (A) and (B) of paragraph (1) shall be available 
     for obligation in the same manner as if the funds were 
     apportioned under chapter 1 of title 23, United States Code.
       (3) Limitation.--No obligation authority shall be made 
     available for any amounts authorized under this subsection 
     for any fiscal year for which any obligation limitation 
     established for Federal-aid highways is less than the 
     obligation limitation established for fiscal year 1998.
       (c) High Density Transportation Program.--
       (1) In general.--There is established the high density 
     transportation program (referred to in this subsection as the 
     ``program'') to provide funding to States that have higher-
     than-average population density.
       (2) Determinations.--
       (A) In general.--On October 1, or as soon as practicable 
     thereafter, of each of fiscal years 1999 through 2003, the 
     Secretary shall determine for each State and the fiscal 
     year--
       (i) the population density of the State;
       (ii) the total vehicle miles traveled on lanes on Federal-
     aid highways in the State during the latest year for which 
     data are available;
       (iii) the ratio that--

       (I) the total lane miles on Federal-aid highways in urban 
     areas in the State; bears to
       (II) the total lane miles on all Federal-aid highways in 
     the State; and

       (iv) the quotient obtained by dividing--

       (I) the sum of--

       (aa) the amounts apportioned to the State under section 104 
     of title 23, United States Code, for the Interstate and 
     National Highway System program, the surface transportation 
     program, and the congestion mitigation and air quality 
     improvement program;
       (bb) the amounts allocated to the State under the minimum 
     guarantee program under section 105 of that title; and
       (cc) the amounts apportioned to the State under section 
     1102(c) of this Act 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) National average.--Using the data determined under 
     subparagraph (A), the Secretary shall determine the national 
     average with respect to each of the factors described in 
     clauses (i) through (iv) of subparagraph (A).
       (3) Eligibility criteria.--A State shall be eligible to 
     receive funding under the program if--
       (A) the amount determined for the State under paragraph 
     (2)(A) with respect to each factor described in clauses (i) 
     through (iii) of paragraph (2)(A) is greater than the 
     national average with respect to the factor determined under 
     paragraph (2)(B); and
       (B) the amount determined for the State with respect to the 
     factor described in paragraph (2)(A)(iv) is less than 85 
     percent of the national average with respect to the factor 
     determined under paragraph (2)(B).
       (4) Distribution of funds.--
       (A) Availability to states.--For each fiscal year, except 
     as provided in subparagraph (D), each State that meets the 
     eligibility criteria under paragraph (3) shall receive a 
     portion of the funds made available to carry out the program 
     that is--
       (i) not less than $36,000,000; but
       (ii) not more than 15 percent of the funds.
       (B) State notification.--On October 1, or as soon as 
     practicable thereafter, of each fiscal year, the Secretary 
     shall notify each State that meets the eligibility criteria 
     under paragraph (3) that the State is eligible to apply for 
     funding under the program.
       (C) Project proposals.--
       (i) Submission.--

       (I) In general.--After receipt of a notification of 
     eligibility under subparagraph (B), to receive funds under 
     the program, a State, in consultation with the appropriate 
     metropolitan planning organizations, shall submit to the 
     Secretary proposals for projects aimed at improving mobility 
     in densely populated areas where traffic loads and highway 
     maintenance costs are high.
       (II) Total cost of projects.--The estimated total cost of 
     the projects proposed by each State shall be equal to at 
     least 3 times the amount that the State is eligible to 
     receive under subparagraph (A).

       (ii) Selection.--The Secretary shall select projects for 
     funding under the program based on factors determined by the 
     Secretary to reflect the degree to which a project will 
     improve mobility in densely populated areas where traffic 
     loads and highway maintenance costs are high.
       (iii) Deadlines.--The Secretary may establish deadlines for 
     States to submit project proposals, except that in the case 
     of fiscal year 1998 the deadline may not be earlier than July 
     1, 1998.
       (D) Redistribution of funds.--For each fiscal year, if a 
     State does not have pending, by the deadline established 
     under subparagraph (C)(iii), applications for projects with 
     an estimated total cost equal to at least 3 times the amount 
     that the State is eligible to receive under subparagraph (A), 
     the Secretary may redistribute, 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 that the State is eligible to receive.
       (5) Other eligible states.--In addition to States that meet 
     the eligibility criteria under paragraph (3), a State with 
     respect to which the following conditions are met shall also 
     be eligible for the funds made available to carry out the 
     program that remain after each State that meets the 
     eligibility criteria under paragraph (3) has received the 
     minimum amount of funds specified in paragraph (4)(A)(i):
       (A) Population density.--The population density of the 
     State is at least 50 percent greater than the population 
     density of the United States (as determined on the basis of 
     the 1990 Federal census).
       (B) Through truck traffic.--The quotient obtained by 
     dividing--
       (i) the annual quantity of through truck ton-miles in the 
     State (as determined based on the latest available estimates 
     published by the Secretary); by
       (ii) the annual quantity of total truck ton-miles in the 
     State (as determined based on the latest available estimates 
     published by the Secretary);
     is greater than 0.60.
       (6) Additional eligible states.--In addition to States that 
     meet the eligibility criteria under paragraph (3), a State 
     with respect to which the following conditions are met shall 
     also be eligible for the funds made available to carry out 
     the program that remain after each State that meets the 
     eligibility criteria under paragraph (3) has received the 
     minimum amount of funds specified in paragraph (4)(A)(i):
       (A) Population density.--The population density of the 
     State is greater than 161 individuals per square mile.
       (B) Vehicle miles traveled.--The amount determined for the 
     State under paragraph (2)(A) with respect to the factor 
     described in paragraph (2)(A)(ii) is greater than the 
     national average with respect to the factor determined under 
     paragraph (2)(B).
       (C) Urban federal-aid lane miles.--The ratio that--
       (i) the total lane miles on Federal-aid highways in urban 
     areas in the State; bears to
       (ii) the total lane miles on all Federal-aid highways in 
     the State;
     is greater than or equal to 0.26.
       (D) Apportionments per capita.--The amount determined for 
     the State with respect to the factor described in paragraph 
     (2)(A)(iv) is less than 85 percent of the national average 
     with respect to the factor determined under paragraph (2)(B).
       (7) Eligible projects.--Funds made available to carry out 
     the program may be used for any project eligible for funding 
     under title 23, United States Code, or this Act.
       (8) 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 $360,000,000 for each of fiscal years 1999 
     through 2003.
       (B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (9) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for any fiscal year for which any obligation 
     limitation established for Federal-aid highways is less than 
     the obligation limitation established for fiscal year 1998.

[[Page S2021]]

       (d) Bonus Program.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, after making apportionments and allocations under 
     section 1102 and the amendments made by that section, the 
     Secretary shall allocate to each of the States listed in the 
     following table the amount specified for the State in the 
     following table:
       

----------------------------------------------------------------------------------------------------------------
                                                    Fiscal Year (amounts in thousands of dollars)               
               State               -----------------------------------------------------------------------------
                                        1998         1999         2000         2001         2002         2003   
----------------------------------------------------------------------------------------------------------------
Alabama...........................       $4,969      $11,021      $11,093      $11,169      $11,253      $11,352
----------------------------------------------------------------------------------------------------------------
Arizona...........................       $3,864      $14,418      $14,474      $14,533      $14,598      $14,676
----------------------------------------------------------------------------------------------------------------
California........................      $10,353      $47,050      $48,691      $48,094      $39,345      $35,119
----------------------------------------------------------------------------------------------------------------
Florida...........................      $11,457      $30,175      $30,342      $30,518      $30,710      $30,940
----------------------------------------------------------------------------------------------------------------
Georgia...........................       $8,723      $19,347      $19,474      $19,608      $19,754      $19,930
----------------------------------------------------------------------------------------------------------------
Illinois..........................       $8,277      $21,800      $21,921      $22,048      $22,187      $22,353
----------------------------------------------------------------------------------------------------------------
Indiana...........................       $6,052      $22,580      $22,668      $22,761      $22,862      $22,984
----------------------------------------------------------------------------------------------------------------
Kentucky..........................       $4,316       $9,573       $9,636       $9,703       $9,775       $9,862
----------------------------------------------------------------------------------------------------------------
Maryland..........................       $3,749       $4,202       $4,257       $4,314       $4,377       $4,452
----------------------------------------------------------------------------------------------------------------
Michigan..........................       $7,849      $29,286      $29,400      $29,521      $29,652      $29,810
----------------------------------------------------------------------------------------------------------------
North Carolina....................       $7,032      $15,597      $15,700      $15,808      $15,925      $16,067
----------------------------------------------------------------------------------------------------------------
Ohio..............................       $8,567       $9,601       $9,726       $9,858      $10,001      $10,173
----------------------------------------------------------------------------------------------------------------
Pennsylvania......................       $5,409       $4,174          $60           $0           $0           $0
----------------------------------------------------------------------------------------------------------------
South Carolina....................       $3,953      $12,966      $13,023      $13,084      $13,150      $13,230
----------------------------------------------------------------------------------------------------------------
Tennessee.........................       $5,631      $12,490      $12,572      $12,658      $12,752      $12,866
----------------------------------------------------------------------------------------------------------------
Texas.............................      $17,129      $63,908      $64,157      $64,421      $64,707      $65,052
----------------------------------------------------------------------------------------------------------------
Virginia..........................       $6,368      $14,124      $14,217      $14,315      $14,421      $14,549
----------------------------------------------------------------------------------------------------------------
Wisconsin.........................       $4,520      $16,864      $16,929      $16,999      $17,075      $17,165
----------------------------------------------------------------------------------------------------------------

       (2) Eligible purposes.--Amounts allocated under paragraph 
     (1) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (3) 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 necessary to carry out this subsection.
       (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.
       (4) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for any fiscal year for which any obligation 
     limitation established for Federal-aid highways is less than 
     the obligation limitation established for fiscal year 1998.
       (e) Federal Lands Highways Program.--
       (1) In general.--In addition to the amounts made available 
     under section 1101(4), there shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account)--
       (A) for Indian reservation roads under section 204 of title 
     23, United States Code, $50,000,000 for each of fiscal years 
     1999 through 2003;
       (B) for parkways and park roads under section 204 of title 
     23, United States Code, $70,000,000 for each of fiscal years 
     1999 through 2003, of which $20,000,000 for each fiscal year 
     shall be available to maintain and improve public roads that 
     provide access to or within units of the National Wildlife 
     Refuge System; and
       (C) for public lands highways under section 204 of title 
     23, United States Code, $50,000,000 for each of fiscal years 
     1999 through 2003.
       (2) 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 necessary to carry out this subsection.
       (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.
       (3) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for any fiscal year for which any obligation 
     limitation established for Federal-aid highways is less than 
     the obligation limitation established for fiscal year 1998.
       (f) Preference in Interstate  4R and Bridge Discretionary 
     Program Allocations.--In allocating funds under section 
     104(k) of title 23, United States Code, the Secretary shall 
     give preference to States--
       (1)(A) with respect to which at least 40 percent of the 
     bridges in the State are functionally obsolete and 
     structurally deficient; and
       (B) that do not receive assistance made available under 
     subsection (b)(1)(B) or funding under subsection (c); or
       (2) that are bordered by 2 navigable rivers listed under 
     section 1804 of title 33, United States Code, that each 
     comprise at least 10 percent of the boundary of the State.
       (g) Additional Allocations.--
       (1) In general.--For each of fiscal years 1999 through 
     2003, after making apportionments and allocations under 
     sections 104 and 105(a) of title 23, United States Code, and 
     section 1102(c) of this Act, the Secretary shall allocate to 
     each of the following States the following amount specified 
     for the State:
       (A) Arizona: $7,016,000.
       (B) Indiana: $9,290,000.
       (C) Michigan: $11,158,000.
       (D) Oklahoma: $6,924,000.
       (E) South Carolina: $7,109,000.
       (F) Texas: $20,804,000.
       (G) Wisconsin: $7,699,000.
       (2) Eligible purposes.--Amounts allocated under paragraph 
     (1) shall be available for any purpose eligible for funding 
     under title 23, United States Code, or this Act.
       (3) 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 necessary to carry out this subsection.
       (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.
       (4) Limitations.--
       (A) Applicability of obligation limitations.--Funds made 
     available under this subsection shall be subject to 
     subparagraphs (A) and (B) of section 118(e)(1) of that title.
       (B) Limitation on availability.--No obligation authority 
     shall be made available for any amounts authorized under this 
     subsection for any fiscal year for which any obligation 
     limitation established for Federal-aid highways is less than 
     the obligation limitation established for fiscal year 1998.

     SEC. 1129. AMBASSADOR BRIDGE ACCESS, DETROIT, MICHIGAN.

       (a) In General.--Notwithstanding section 129 of title 23, 
     United States Code, or any other provision of law, 
     improvements to access roads and

[[Page S2022]]

     construction of access roads, approaches, and related 
     facilities (such as signs, lights, and signals) necessary to 
     connect the Ambassador Bridge in Detroit, Michigan, to the 
     Interstate System shall be eligible for funds apportioned 
     under paragraphs (1)(C) and (3) of section 104(b) of that 
     title.
       (b) Use of Funds.--Funds described in subsection (a) shall 
     not be used for any improvement to, or construction of, the 
     bridge itself.

     SEC. 1130. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

       (a) Purpose.--The purpose of this section is to authorize 
     the provision of assistance for, and support of, State and 
     local efforts concerning surface transportation issues 
     necessary to obtain the national recognition and economic 
     benefits of participation in the International Olympic 
     movement and the International Paralympic movement by hosting 
     international quadrennial Olympic and Paralympic events in 
     the United States.
       (b) Priority for Transportation Projects Relating to 
     Olympic and Paralympic Events.--Notwithstanding any other 
     provision of law, from funds available to carry out section 
     104(k) of title 23, United States Code, the Secretary may 
     give priority to funding for a transportation project 
     relating to an international quadrennial Olympic or 
     Paralympic event if--
       (1) the project meets the extraordinary needs associated 
     with an international quadrennial Olympic or Paralympic 
     event; and
       (2) the project is otherwise eligible for assistance under 
     section 104(k) of that title.
       (c) Transportation Planning Activities.--The Secretary may 
     participate in--
       (1) planning activities of States and metropolitan planning 
     organizations and transportation projects relating to an 
     international quadrennial Olympic or Paralympic event under 
     sections 134 and 135 of title 23, United States Code; and
       (2) developing intermodal transportation plans necessary 
     for the projects in coordination with State and local 
     transportation agencies.
       (d) Funding.--Notwithstanding section 541(a) of title 23, 
     United States Code, from funds made available under that 
     section, the Secretary may provide assistance for the 
     development of an Olympic and a Paralympic transportation 
     management plan in cooperation with an Olympic Organizing 
     Committee responsible for hosting, and State and local 
     communities affected by, an international quadrennial Olympic 
     or Paralympic event.
       (e) Transportation Projects Relating to Olympic and 
     Paralympic Events.--
       (1) In general.--The Secretary may provide assistance, 
     including planning, capital, and operating assistance, to 
     States and local governments in carrying out transportation 
     projects relating to an international quadrennial Olympic or 
     Paralympic event.
       (2) Federal share.--The Federal share of the cost of a 
     project assisted under this subsection shall not exceed 80 
     percent.
       (f) Eligible Governments.--A State or local government 
     shall be eligible to receive assistance under this section 
     only if the government is hosting a venue that is part of an 
     international quadrennial Olympics that is officially 
     selected by the International Olympic Committee.
       (g) 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 such sums 
     as are necessary for each of fiscal years 1998 through 2003.

     SEC. 1131. NATIONAL DEFENSE HIGHWAYS OUTSIDE THE UNITED 
                   STATES.

       (a) Reconstruction Projects.--If the Secretary determines, 
     after consultation with the Secretary of Defense, that a 
     highway, or a portion of a highway, located outside the 
     United States is important to the national defense, the 
     Secretary may carry out a project for reconstruction of the 
     highway or portion of highway.
       (b) Funding.--
       (1) In general.--For each of fiscal years 1998 through 
     2003, the Secretary may set aside not to exceed $16,000,000 
     from amounts to be apportioned under section 104(b)(1)(A) of 
     title 23, United States Code, to carry out this section.
       (2) Availability.--Funds made available under paragraph (1) 
     shall remain available until expended.

     SEC. 1132. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.

       (a) Definitions.--In this section:
       (1) Covered bridge.--The term ``covered bridge''--
       (A) means a roofed bridge that is made primarily of wood; 
     and
       (B) includes the roof, flooring, trusses, joints, walls, 
     piers, footings, walkways, support structures, arch systems, 
     and underlying land.
       (2) Historic covered bridge.--The term ``historic covered 
     bridge'' means a covered bridge that--
       (A) is at least 50 years old; or
       (B) is listed on the National Register of Historic Places.
       (b) Historic Covered Bridge Preservation.--The Secretary 
     shall--
       (1) develop and maintain a list of historic covered 
     bridges;
       (2) collect and disseminate information concerning historic 
     covered bridges;
       (3) foster educational programs relating to the history, 
     construction techniques, and contribution to society of 
     historic covered bridges;
       (4) sponsor or conduct research on the history of covered 
     bridges; and
       (5) sponsor or conduct research, and study techniques, on 
     protecting covered bridges from rot, fire, natural disasters, 
     or weight-related damage.
       (c) Direct Federal Assistance.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall make a grant to a State 
     that submits an application to the Secretary that 
     demonstrates a need for assistance in carrying out 1 or more 
     historic covered bridge projects described in paragraph (2).
       (2) Types of project.--A grant under paragraph (1) may be 
     made for a project--
       (A) to rehabilitate or repair a historic covered bridge;
       (B) to preserve a historic covered bridge, including 
     through--
       (i) installation of a fire protection system, including a 
     fireproofing or fire detection system and sprinklers;
       (ii) installation of a system to prevent vandalism and 
     arson; or
       (iii) relocation of a bridge to a preservation site; and
       (C) to conduct a field test on a historic covered bridge or 
     evaluate a component of a historic covered bridge, including 
     through destructive testing of the component.
       (3) Authenticity.--A grant under paragraph (1) may be made 
     for a project only if--
       (A) to the maximum extent practicable, the project--
       (i) is carried out in the most historically appropriate 
     manner; and
       (ii) preserves the existing structure of the historic 
     covered bridge; and
       (B) the project provides for the replacement of wooden 
     components with wooden components, unless the use of wood is 
     impracticable for safety reasons.
       (d) Funding.--There is authorized to be appropriated to 
     carry out this section $10,000,000 for each of fiscal years 
     1999 through 2003, to remain available until expended.
            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.''.

     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 or a unit of local 
     government in the State, without violation of Federal law;
       ``(B) is incorporated into the project;
       ``(C) is not land described in section 138; and
       ``(D) does not influence the environmental assessment of 
     the project, including--
       ``(i) the decision as to the need to construct the project;
       ``(ii) the consideration of alternatives; and
       ``(iii) the selection of a specific location.
       ``(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--

[[Page S2023]]

       ``(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) in paragraph (3), by striking ``agency of a Federal, 
     State, or local government'' and inserting ``agency of the 
     Federal Government'';
       (4) in paragraph (4), by striking ``to which the donation 
     is applied''; and
       (5) by redesignating paragraph (4) as paragraph (3).
       (c) Crediting of Contributions by Units of Local Government 
     Toward the State Share.--Section 323 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(e) Crediting of Contributions by Units of Local 
     Government Toward the State Share.--A contribution by a unit 
     of local government of real property, funds, material, or a 
     service in connection with a project eligible for assistance 
     under this title shall be credited against the State share of 
     the project at the fair market value of the real property, 
     funds, material, or service.''.
       (d) Conforming Amendments.--
       (1) Section 323 of title 23, United States Code, is amended 
     by striking the section heading and inserting the following:

     ``Sec. 323. Donations and credits''.

       (2) The analysis for chapter 1 of title 23, United States 
     Code, is amended--
       (A) by striking the item relating to section 108 and 
     inserting the following:

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

     and
       (B) by striking the item relating to section 323 and 
     inserting the following:

``323. Donations and credits.''.

     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 1998 
     shall remain available to the State for use on the projects 
     for which the funds were advanced for a period of 20 years 
     from the date on which the funds were advanced.
       ``(2) Credit to highway trust fund.--With respect to a 
     project for which funds have been advanced from the right-of-
     way revolving fund, upon the termination of the 20-year 
     period referred to in paragraph (1), when actual construction 
     is commenced, or upon approval by the Secretary of the plans, 
     specifications, and estimates for the actual construction of 
     the project on the right-of-way, whichever occurs first--
       ``(A) the Highway Trust Fund shall be credited with an 
     amount equal to the Federal share of the funds advanced, as 
     provided in section 120, out of any Federal-aid highway funds 
     apportioned to the State in which the project is located and 
     available for obligation for projects of the type funded; and
       ``(B) the State shall reimburse the Secretary in an amount 
     equal to the non-Federal share of the funds advanced for 
     deposit in, and credit to, the Highway Trust Fund.''.
       (b) Pilot Toll Collection Program.--Section 129 of title 
     23, United States Code, is amended by striking subsection 
     (d).
       (c) National Recreational Trails Advisory Committee.--As 
     soon as practicable after the date of enactment of this Act, 
     the Secretary shall take such action as is necessary for the 
     termination of the National Recreational Trails Advisory 
     Committee established by section 1303 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (16 U.S.C. 
     1262) (as in effect on the day before the date of enactment 
     of this Act).
       (d) Congressional Bridge Commissions.--Public Law 87-441 
     (76 Stat. 59) is repealed.

     SEC. 1209. INTERSTATE MAINTENANCE.

       (a) Interstate Funds.--Section 119 of title 23, United 
     States Code, is amended--
       (1) in subsection (a), by striking the second sentence;
       (2) by striking subsection (d); and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Transferability of Funds.--
       ``(1) Unconditional.--A State may transfer an amount not to 
     exceed 30 percent of the sums apportioned to the State under 
     subparagraphs (A) and (B) of section 104(b)(1) to the 
     apportionment of the State under paragraphs (1)(C) and (3) of 
     section 104(b).
       ``(2) Upon acceptance of certification.--If a State 
     certifies to the Secretary that any part of the sums 
     apportioned to the State under subparagraphs (A) and (B) of 
     section 104(b)(1) is in excess of the needs of the State for 
     resurfacing, restoring, rehabilitating, or reconstructing 
     routes and bridges on the Interstate System in the State and 
     that the State is adequately maintaining the routes and 
     bridges, and the Secretary accepts the certification, the 
     State may transfer, in addition to the amount authorized to 
     be transferred under paragraph (1), an amount not to exceed 
     20 percent of the sums apportioned to the State under 
     subparagraphs (A) and (B) of section 104(b)(1) to the 
     apportionment of the State under paragraphs (1)(C) and (3) of 
     section 104(b).''.
       (b) Eligibility.--Section 119 of title 23, United States 
     Code, is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``and rehabilitating'' and inserting ``, rehabilitating, and 
     reconstructing'';
       (2) by striking subsections (b), (c), (e), and (g);
       (3) by inserting after subsection (a) the following:
       ``(b) Eligible Activities.--
       ``(1) In general.--A State--
       ``(A) may use funds apportioned under subparagraph (A) or 
     (B) of section 104(b)(1) for resurfacing, restoring, 
     rehabilitating, and reconstructing routes on the Interstate 
     System, including--
       ``(i) resurfacing, restoring, rehabilitating, and 
     reconstructing bridges, interchanges, and overcrossings;
       ``(ii) acquiring rights-of-way; and
       ``(iii) intelligent transportation system capital 
     improvements that are infrastructure-based to the extent that 
     they improve the performance of the Interstate System; but
       ``(B) may not use the funds for construction of new travel 
     lanes other than high-occupancy vehicle lanes or auxiliary 
     lanes.
       ``(2) Expansion of capacity.--
       ``(A) Using transferred funds.--Notwithstanding paragraph 
     (1), funds transferred under subsection (c)(1) may be used 
     for construction to provide for expansion of the capacity of 
     an Interstate System highway (including a bridge).
       ``(B) Using funds not transferred.--

[[Page S2024]]

       ``(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)''.

     SEC. 1210. ENGINEERING COST REIMBURSEMENT.

       Section 102(b) of title 23, United States Code, is amended 
     in the first sentence by inserting before the period at the 
     end the following: ``unless, before the end of the 10-year 
     period, the State requests a longer period for commencement 
     of the construction or acquisition and the Secretary 
     determines that the request is reasonable''.

                      CHAPTER 2--PROJECT APPROVAL

     SEC. 1221. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

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

     SEC. 1222. PROJECT APPROVAL AND OVERSIGHT.

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

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

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

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

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

     SEC. 1223. SURFACE TRANSPORTATION PROGRAM.

       (a) Transportation Enhancement Activities.--Section 133 of 
     title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (2), by striking ``10'' and inserting 
     ``8''; and
       (B) in the first sentence of paragraph (3)(A), by striking 
     ``80'' and inserting ``82''; and
       (2) in subsection (e)--
       (A) in paragraph (3)(B)(i), by striking ``if the 
     Secretary'' and all that follows through ``activities''; and
       (B) in paragraph (5), by adding at the end the following:
       ``(C) Innovative financing.--
       ``(i) In general.--For each fiscal year, the average annual 
     non-Federal share of the total cost of all projects to carry 
     out transportation enhancement activities in a State shall be 
     not less than the non-Federal share authorized for the State 
     under section 120(b).
       ``(ii) Exception.--Subject to clause (i), notwithstanding 
     section 120, in the case of projects to carry out 
     transportation enhancement activities--

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

       (b) Program Approval.--Section 133(e) of title 23, United 
     States Code, is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Program approval.--
       ``(A) Submission of project agreement.--For each fiscal 
     year, each State shall submit a project agreement that--
       ``(i) certifies that the State will meet all the 
     requirements of this section; and
       ``(ii) notifies the Secretary of the amount of obligations 
     needed to carry out the program under this section.
       ``(B) Request for adjustments of amounts.--As necessary, 
     each State shall request from the Secretary adjustments to 
     the amount of obligations referred to in subparagraph 
     (A)(ii).
       ``(C) Effect of approval by the secretary.--Approval by the 
     Secretary of a project agreement under subparagraph (A) shall 
     be deemed a contractual obligation of the United States to 
     pay surface transportation program funds made available under 
     this title.''.
       (c) Payments.--Section 133(e)(3)(A) of title 23, United 
     States Code, is amended by striking the second sentence.
       (d) Definition of Transportation Enhancement Activities.--
     Section 101(a) of title 23, United States Code, is amended in 
     the undesignated paragraph defining ``transportation 
     enhancement activities'' by striking ``scenic or historic 
     highway programs,'' and inserting ``scenic

[[Page S2025]]

     or historic highway programs (including the provision of 
     tourist and welcome center facilities),''.

     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 bidding procedures approved by the Secretary in 
     accordance with subparagraph (C).
       ``(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.

       ``(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).''.
       (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 competitive bidding 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)).
       ``(5) Concurrent processing.--The term `concurrent 
     processing' means to the fullest extent practicable, and to 
     the extent otherwise required, agencies shall prepare 
     environmental impact statements and environmental assessments 
     concurrently with and integrated with environmental analyses 
     and related surveys and studies required by the Fish and 
     Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
     National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
     seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) and other environmental review laws and executive 
     orders.
       ``(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.) for 
     surface transportation projects at the earliest possible 
     time, including, to the extent appropriate, at the planning 
     stage with the agreement of the State transportation agencies 
     and the cooperating agencies.
       ``(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 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, economic 
     development and transportation 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 for surface transportation 
     projects by 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 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 and the public on 
     request the results of any analysis or other information 
     related to a surface transportation project;
       ``(D) host an early scoping meeting for Federal agencies 
     and, when appropriate, conduct field reviews, as soon as 
     practicable in the environmental review process;
       ``(E) solicit from each cooperating agency as early as 
     practicable the data and analyses necessary to facilitate 
     execution of the duties of each cooperating agency;
       ``(F) use, to the maximum extent possible, scientific, 
     technical, and environmental data and analyses previously 
     prepared by or for other Federal, State, tribal, or local 
     agencies, after an independent evaluation by the Secretary of 
     the data and analyses;
       ``(G) jointly, with the cooperating agencies, host public 
     meetings and other community participation processes; and
       ``(H) ensure that the NEPA process and documentation 
     provide all necessary information for the cooperating agency 
     to--
       ``(i) discharge the responsibilities of the cooperating 
     agency under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and other law; and
       ``(ii) take action on 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;

[[Page S2026]]

       ``(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 and assure early consideration of 
     alternatives to a proposed project, including alternatives 
     that address transportation demand consistent with section 
     134(i)(3) of title 23, United States Code.
       ``(g) Use of Title 23 Funds.--
       ``(1) Use by states.--A State may use funds made available 
     under section 104(b) or 105 of title 23 or section 1102(c) of 
     the Intermodal Surface Transportation Efficiency Act of 1998 
     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) 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 that has been developed with public involvement 
     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.--In addition to existing formal public 
     participation opportunities, collaborative, problem solving, 
     and consensus building approaches shall be used, to the 
     extent appropriate (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) consistent 
     with part 1501, et seq., of title 40 of the Code of Federal 
     Regulations;
       (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) Section 112 of title 23, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(g) Selection Process.--It shall not be considered to be 
     a conflict of interest, as defined under section 1.33 of 
     title 23, Code of Federal Regulations, for a State to 
     procure, under a single contract, the services of a 
     consultant to prepare any environmental assessments or 
     analyses required, including environmental impact statements, 
     as well as subsequent engineering and design work on the same 
     project: Provided, That the State has conducted an 
     independent multi-disciplined review that assesses the 
     objectivity of any analysis, environmental assessment or 
     environmental impact statement prior to its submission to the 
     agency that approves the project.
       (d) 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 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).

[[Page S2027]]

       ``(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. 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 noninfrastructure 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;
       (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 
     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).''; and
       (5) in subsection (b)(9), by striking ``section 
     108(f)(1)(A) (other than clauses (xii) and (xvi)) of the 
     Clean Air Act'' and inserting ``section 108(f)(1)(A) (other 
     than clause (xvi)) of the Clean Air Act (42 U.S.C. 
     7408(f)(1)(A))'';
       (6) 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 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,

[[Page S2028]]

     Congress grants consent to those States to enter into an 
     interstate compact establishing the bank in accordance with 
     this section.
       ``(c) Funding.--
       ``(1) Contribution.--Notwithstanding any other provision of 
     law, the Secretary may allow, subject to subsection (h)(1), a 
     State that enters into a cooperative agreement under this 
     section to contribute to the infrastructure bank established 
     by the State not to exceed--
       ``(A)(i) the total amount of funds apportioned to the State 
     under each of paragraphs (1) and (3) of section 104(b), 
     excluding funds set aside under paragraphs (1) and (2) of 
     section 133(d); and
       ``(ii) the total amount of funds allocated to the State 
     under section 105 and under section 1102 of the Intermodal 
     Surface Transportation Efficiency Act of 1998;
       ``(B) the total amount of funds made available to the State 
     or other Federal transit grant recipient for capital projects 
     (as defined in section 5302 of title 49) under sections 5307, 
     5309, and 5311 of title 49; and
       ``(C) the total amount of funds made available to the State 
     under subtitle V of title 49.
       ``(2) Capitalization grant.--For the purposes of this 
     section, Federal funds contributed to the infrastructure bank 
     under this subsection shall constitute a capitalization grant 
     for the infrastructure bank.
       ``(3) Special rule for urbanized areas of over 200,000.--
     Funds that are apportioned or allocated to a State under 
     section 104(b)(3) and attributed to urbanized areas of a 
     State with a population of over 200,000 individuals under 
     section 133(d)(2) may be used to provide assistance from an 
     infrastructure bank under this section with respect to a 
     project only if the metropolitan planning organization 
     designated for the area concurs, in writing, with the 
     provision of the assistance.
       ``(d) Forms of Assistance From Infrastructure Banks.--
       ``(1) In general.--An infrastructure bank established under 
     this section may make loans or provide other assistance to a 
     public or private entity in an amount equal to all or part of 
     the cost of carrying out a project eligible for assistance 
     under this section.
       ``(2) Subordination of loans.--The amount of any loan or 
     other assistance provided for the project may be subordinated 
     to any other debt financing for the project.
       ``(3) Initial assistance.--Initial assistance provided with 
     respect to a project from Federal funds contributed to an 
     infrastructure bank under this section shall not be made in 
     the form of a grant.
       ``(e) Qualifying Projects.--
       ``(1) In general.--Subject to paragraph (2), funds in an 
     infrastructure bank established under this section may be 
     used only to provide assistance with respect to projects 
     eligible for assistance under this title, for capital 
     projects (as defined in section 5302 of title 49), or for any 
     other project related to surface transportation that the 
     Secretary determines to be appropriate.
       ``(2) Interstate funds.--Funds contributed to an 
     infrastructure bank from funds apportioned to a State under 
     subparagraph (A) or (B) of section 104(b)(1) may be used only 
     to provide assistance with respect to projects eligible for 
     assistance under those subparagraphs.
       ``(3) Rail program funds.--Funds contributed to an 
     infrastructure bank from funds made available to a State 
     under subtitle V of title 49 shall be used in a manner 
     consistent with any project description specified under the 
     law making the funds available to the State.
       ``(f) Infrastructure Bank Requirements.--
       ``(1) In general.--Subject to paragraph (2), in order to 
     establish an infrastructure bank under this section, each 
     State establishing such a bank shall--
       ``(A) contribute, at a minimum, to the bank from non-
     Federal sources an amount equal to 25 percent of the amount 
     of each capitalization grant made to the State and 
     contributed to the bank under subsection (c), except that if 
     the State has a higher Federal share payable under section 
     120(b) of title 23, United States Code, the State shall be 
     required to contribute only an amount commensurate with the 
     higher Federal share;
       ``(B) ensure that the bank maintains on a continuing basis 
     an investment grade rating on its debt issuances and its 
     ability to pay claims under credit enhancement programs of 
     the bank;
       ``(C) ensure that investment income generated by funds 
     contributed to the bank will be--
       ``(i) credited to the bank;
       ``(ii) available for use in providing loans and other 
     assistance to projects eligible for assistance from the bank; 
     and
       ``(iii) invested in United States Treasury securities, bank 
     deposits, or such other financing instruments as the 
     Secretary may approve to earn interest to enhance the 
     leveraging of projects assisted by the bank;
       ``(D) ensure that any loan from the bank will bear interest 
     at or below market rates, as determined by the State, to make 
     the project that is the subject of the loan feasible;
       ``(E) ensure that repayment of the loan from the bank will 
     commence not later than 5 years after the project has been 
     completed or, in the case of a highway project, the facility 
     has opened to traffic, whichever is later;
       ``(F) ensure that the term for repaying any loan will not 
     exceed the lesser of--
       ``(i) 35 years after the date of the first payment on the 
     loan under subparagraph (E); or
       ``(ii) the useful life of the investment; and
       ``(G) require the bank to make a biennial report to the 
     Secretary and to make such other reports as the Secretary may 
     require in guidelines.
       ``(2) Waivers by the secretary.--The Secretary may waive a 
     requirement of any of subparagraphs (C) through (G) of 
     paragraph (1) with respect to an infrastructure bank if the 
     Secretary determines that the waiver is consistent with the 
     objectives of this section.
       ``(g) Limitation on Repayments.--Notwithstanding any other 
     provision of law, the repayment of a loan or other assistance 
     provided from an infrastructure bank under this section may 
     not be credited toward the non-Federal share of the cost of 
     any project.
       ``(h) Secretarial Requirements.--In administering this 
     section, the Secretary shall--
       ``(1) ensure that Federal disbursements shall be at an 
     annual rate of not more than 20 percent of the amount 
     designated by the State for State infrastructure bank 
     capitalization under subsection (c)(1), except that the 
     Secretary may disburse funds to a State in an amount needed 
     to finance a specific project; and
       ``(2) revise cooperative agreements entered into with 
     States under section 350 of the National Highway System 
     Designation Act of 1995 (Public Law 104-59) to comply with 
     this section.
       ``(i) Applicability of Federal Law.--
       ``(1) In general.--The requirements of this title or title 
     49 that would otherwise apply to funds made available under 
     that title and projects assisted with those funds shall apply 
     to--
       ``(A) funds made available under that title and contributed 
     to an infrastructure bank established under this section, 
     including the non-Federal contribution required under section 
     (f); and
       ``(B) projects assisted by the bank through the use of the 
     funds;
     except to the extent that the Secretary determines that any 
     requirement of that title (other than sections 113 and 114 of 
     this title and section 5333 of title 49) is not consistent 
     with the objectives of this section.
       ``(2) Repayments.--The requirements of this title or title 
     49 shall not apply to repayments from non-Federal sources to 
     an infrastructure bank from projects assisted by the bank. 
     Such a repayment shall not be considered to be Federal funds.
       ``(j) United States Not Obligated.--
       ``(1) In general.--The contribution of Federal funds to an 
     infrastructure bank established under this section shall not 
     be construed as a commitment, guarantee, or obligation on the 
     part of the United States to any third party. No third party 
     shall have any right against the United States for payment 
     solely by virtue of the contribution.
       ``(2) Statement.--Any security or debt financing instrument 
     issued by the infrastructure bank shall expressly state that 
     the security or instrument does not constitute a commitment, 
     guarantee, or obligation of the United States.
       ``(k) Management of Federal Funds.--Sections 3335 and 6503 
     of title 31, United States Code, shall not apply to funds 
     contributed under this section.
       ``(l) Program Administration.--
       ``(1) In general.--A State may expend not to exceed 2 
     percent of the Federal funds contributed to an infrastructure 
     bank established by the State under this section to pay the 
     reasonable costs of administering the bank.
       ``(2) Non-federal funds.--The limitation described in 
     paragraph (1) shall not apply to non-Federal funds.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

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

    CHAPTER 2--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

     SEC. 1311. SHORT TITLE.

       This chapter may be cited as the ``Transportation 
     Infrastructure Finance and Innovation Act of 1998''.

     SEC. 1312. FINDINGS.

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

     SEC. 1313. ESTABLISHMENT OF PROGRAM.

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

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

     ``Sec. 181. Definitions

       ``In this subchapter:
       ``(1) Eligible project costs.--The term `eligible project 
     costs' means amounts substantially all of which are paid by, 
     or for the account of, an obligor in connection with a 
     project, including the cost of--
       ``(A) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, permitting, preliminary engineering and design work, 
     and other preconstruction activities;
       ``(B) construction, reconstruction, rehabilitation, 
     replacement, and acquisition of real property (including land 
     related to the project and improvements to land), 
     environmental mitigation, construction contingencies, and 
     acquisition of equipment; and

[[Page S2029]]

       ``(C) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction.
       ``(2) Federal credit instrument.--The term `Federal credit 
     instrument' means a secured loan, loan guarantee, or line of 
     credit authorized to be made available under this subchapter 
     with respect to a project.
       ``(3) Lender.--The term `lender' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
       ``(A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       ``(B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       ``(4) Line of credit.--The term `line of credit' means an 
     agreement entered into by the Secretary with an obligor under 
     section 184 to provide a direct loan at a future date upon 
     the occurrence of certain events.
       ``(5) Loan guarantee.--The term `loan guarantee' means any 
     guarantee or other pledge by the Secretary to pay all or part 
     of the principal of and interest on a loan or other debt 
     obligation issued by an obligor and funded by a lender.
       ``(6) Local servicer.--The term `local servicer' means--
       ``(A) a State infrastructure bank established under this 
     title; or
       ``(B) a State or local government or any agency of a State 
     or local government that is responsible for servicing a 
     Federal credit instrument on behalf of the Secretary.
       ``(7) Obligor.--The term `obligor' means a party primarily 
     liable for payment of the principal of or interest on a 
     Federal credit instrument, which party may be a corporation, 
     partnership, joint venture, trust, or governmental entity, 
     agency, or instrumentality.
       ``(8) Project.--The term `project' means--
       ``(A) any surface transportation project eligible for 
     Federal assistance under this title or chapter 53 of title 
     49; and
       ``(B) a project for an international bridge or tunnel for 
     which an international entity authorized under State or 
     Federal law is responsible.
       ``(9) Project obligation.--The term `project obligation' 
     means any note, bond, debenture, or other debt obligation 
     issued by an obligor in connection with the financing of a 
     project, other than a Federal credit instrument.
       ``(10) Secured loan.--The term `secured loan' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 183.
       ``(11) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(12) Substantial completion.--The term `substantial 
     completion' means the opening of a project to vehicular or 
     passenger traffic.

     ``Sec. 182. Determination of eligibility and project 
       selection

       ``(a) Eligibility.--To be eligible to receive financial 
     assistance under this subchapter, a project shall meet the 
     following criteria:
       ``(1) Inclusion in transportation plans and programs.--The 
     project--
       ``(A) shall be included in the State transportation plan 
     required under section 135; and
       ``(B) at such time as an agreement to make available a 
     Federal credit instrument is entered into under this 
     subchapter, shall be included in the approved State 
     transportation improvement program required under section 
     134.
       ``(2) Application.--A State, a local servicer identified 
     under section 185(a), or the entity undertaking the project 
     shall submit a project application to the Secretary.
       ``(3) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this subchapter, a 
     project shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i) $100,000,000; or
       ``(ii) 50 percent of the amount of Federal highway 
     assistance funds apportioned for the most recently-completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $30,000,000.
       ``(4) Dedicated revenue sources.--Project financing shall 
     be repayable, in whole or in part, from tolls, user fees, or 
     other dedicated revenue sources.
       ``(5) Public sponsorship of private entities.--In the case 
     of a project that is undertaken by an entity that is not a 
     State or local government or an agency or instrumentality of 
     a State or local government, the project that the entity is 
     undertaking shall be publicly sponsored as provided in 
     paragraphs (1) and (2).
       ``(b) Selection Among Eligible Projects.--
       ``(1) Establishment.--The Secretary shall establish 
     criteria for selecting among projects that meet the 
     eligibility criteria specified in subsection (a).
       ``(2) Selection criteria.--The selection criteria shall 
     include the following:
       ``(A) The extent to which the project is nationally or 
     regionally significant, in terms of generating economic 
     benefits, supporting international commerce, or otherwise 
     enhancing the national transportation system.
       ``(B) The creditworthiness of the project, including a 
     determination by the Secretary that any financing for the 
     project has appropriate security features, such as a rate 
     covenant, to ensure repayment. The Secretary shall require 
     each project applicant to provide a preliminary rating 
     opinion letter from a nationally recognized bond rating 
     agency.
       ``(C) The extent to which assistance under this subchapter 
     would foster innovative public-private partnerships and 
     attract private debt or equity investment.
       ``(D) The likelihood that assistance under this subchapter 
     would enable the project to proceed at an earlier date than 
     the project would otherwise be able to proceed.
       ``(E) The extent to which the project uses new 
     technologies, including intelligent transportation systems, 
     that enhance the efficiency of the project.
       ``(F) The amount of budget authority required to fund the 
     Federal credit instrument made available under this 
     subchapter.
       ``(G) The extent to which the project helps maintain or 
     protect the environment.
       ``(H) The extent to which assistance under this chapter 
     would reduce the contribution of Federal grant assistance to 
     the project.
       ``(c) Federal Requirements.--The following provisions of 
     law shall apply to funds made available under this subchapter 
     and projects assisted with the funds:
       ``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(2) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(3) The Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

     ``Sec. 183. Secured loans

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraph (2), the Secretary 
     may enter into agreements with 1 or more obligors to make 
     secured loans, the proceeds of which shall be used--
       ``(A) to finance eligible project costs; or
       ``(B) to refinance interim construction financing of 
     eligible project costs;
     of any project selected under section 182.
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B) later 
     than 1 year after the date of substantial completion of the 
     project.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A secured loan under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amount.--The amount of the secured loan shall 
     not exceed 33 percent of the reasonably anticipated eligible 
     project costs.
       ``(3) Payment.--The secured loan--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(4) Interest rate.--The interest rate on the secured loan 
     shall be not less than the yield on marketable United States 
     Treasury securities of a similar maturity to the maturity of 
     the secured loan on the date of execution of the loan 
     agreement.
       ``(5) Maturity date.--The final maturity date of the 
     secured loan shall be not later than 35 years after the date 
     of substantial completion of the project.
       ``(6) Nonsubordination.--The secured loan shall not be 
     subordinated to the claims of any holder of project 
     obligations in the event of bankruptcy, insolvency, or 
     liquidation of the obligor.
       ``(7) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of making a secured loan under this 
     section.
       ``(8) Non-federal share.--The proceeds of a secured loan 
     under this subchapter may be used for any non-Federal share 
     of project costs required under this title or chapter 53 of 
     title 49, if the loan is repayable from non-Federal funds.
       ``(c) Repayment.--
       ``(1) Schedule.--The Secretary shall establish a repayment 
     schedule for each secured loan under this section based on 
     the projected cash flow from project revenues and other 
     repayment sources.
       ``(2) Commencement.--Scheduled loan repayments of principal 
     or interest on a secured loan under this section shall 
     commence not later than 5 years after the date of substantial 
     completion of the project.
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.
       ``(4) Deferred payments.--
       ``(A) Authorization.--If, at any time during the 10 years 
     after the date of substantial completion of the project, the 
     project is unable to generate sufficient revenues to pay 
     scheduled principal and interest on the secured loan, the 
     Secretary may, pursuant to established criteria for the 
     project agreed to by the entity undertaking the project and 
     the Secretary, allow the obligor to add unpaid principal and 
     interest to the outstanding balance of the secured loan.
       ``(B) Interest.--Any payment deferred under subparagraph 
     (A) shall--
       ``(i) continue to accrue interest in accordance with 
     subsection (b)(4) until fully repaid; and
       ``(ii) be scheduled to be amortized over the remaining term 
     of the loan beginning not later than 10 years after the date 
     of substantial completion of the project in accordance with 
     paragraph (1).

[[Page S2030]]

       ``(5) Prepayment.--
       ``(A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and secured loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay the secured loan without 
     penalty.
       ``(B) Use of proceeds of refinancing.--The secured loan may 
     be prepaid at any time without penalty from the proceeds of 
     refinancing from non-Federal funding sources.
       ``(d) Sale of Secured Loans.--
       ``(1) In general.--Subject to paragraph (2), as soon as 
     practicable after substantial completion of a project and 
     after notifying the obligor, the Secretary may sell to 
     another entity or reoffer into the capital markets a secured 
     loan for the project if the Secretary determines that the 
     sale or reoffering can be made on favorable terms.
       ``(2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary may not change the 
     original terms and conditions of the secured loan without the 
     written consent of the obligor.
       ``(e) Loan Guarantees.--
       ``(1) In general.--The Secretary may provide a loan 
     guarantee to a lender in lieu of making a secured loan if the 
     Secretary determines that the budgetary cost of the loan 
     guarantee is substantially the same as that of a secured 
     loan.
       ``(2) Terms.--The terms of a guaranteed loan shall be 
     consistent with the terms set forth in this section for a 
     secured loan, except that the rate on the guaranteed loan and 
     any prepayment features shall be negotiated between the 
     obligor and the lender, with the consent of the Secretary.

     ``Sec. 184. Lines of credit

       ``(a) In General.--
       ``(1) Agreements.--The Secretary may enter into agreements 
     to make available lines of credit to 1 or more obligors in 
     the form of direct loans to be made by the Secretary at 
     future dates on the occurrence of certain events for any 
     project selected under section 182.
       ``(2) Use of proceeds.--The proceeds of a line of credit 
     made available under this section shall be available to pay 
     debt service on project obligations issued to finance 
     eligible project costs, extraordinary repair and replacement 
     costs, operation and maintenance expenses, and costs 
     associated with unexpected Federal or State environmental 
     restrictions.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A line of credit under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines appropriate.
       ``(2) Maximum amounts.--
       ``(A) Total amount.--The total amount of the line of credit 
     shall not exceed 33 percent of the reasonably anticipated 
     eligible project costs.
       ``(B) One-year draws.--The amount drawn in any 1 year shall 
     not exceed 20 percent of the total amount of the line of 
     credit.
       ``(3) Draws.--Any draw on the line of credit shall 
     represent a direct loan and shall be made only if net 
     revenues from the project (including capitalized interest, 
     any debt service reserve fund, and any other available 
     reserve) are insufficient to pay the costs specified in 
     subsection (a)(2).
       ``(4) Interest rate.--The interest rate on a direct loan 
     resulting from a draw on the line of credit shall be not less 
     than the yield on 30-year marketable United States Treasury 
     securities as of the date on which the line of credit is 
     obligated.
       ``(5) Security.--The line of credit--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from tolls, user 
     fees, or other dedicated revenue sources; and
       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A) subject to any lien securing project obligations.
       ``(6) Period of availability.--The line of credit shall be 
     available during the period beginning on the date of 
     substantial completion of the project and ending not later 
     than 10 years after that date.
       ``(7) Rights of third party creditors.--
       ``(A) Against federal government.--A third party creditor 
     of the obligor shall not have any right against the Federal 
     Government with respect to any draw on the line of credit.
       ``(B) Assignment.--An obligor may assign the line of credit 
     to 1 or more lenders or to a trustee on the lenders' behalf.
       ``(8) Nonsubordination.--A direct loan under this section 
     shall not be subordinated to the claims of any holder of 
     project obligations in the event of bankruptcy, insolvency, 
     or liquidation of the obligor.
       ``(9) Fees.--The Secretary may establish fees at a level 
     sufficient to cover all or a portion of the costs to the 
     Federal Government of providing a line of credit under this 
     section.
       ``(10) Relationship to other credit instruments.--A project 
     that receives a line of credit under this section shall not 
     also receive a secured loan or loan guarantee under section 
     183 of an amount that, combined with the amount of the line 
     of credit, exceeds 33 percent of eligible project costs.
       ``(c) Repayment.--
       ``(1) Terms and conditions.--The Secretary shall establish 
     repayment terms and conditions for each direct loan under 
     this section based on the projected cash flow from project 
     revenues and other repayment sources.
       ``(2) Timing.--All scheduled repayments of principal or 
     interest on a direct loan under this section shall commence 
     not later than 5 years after the end of the period of 
     availability specified in subsection (b)(6) and be fully 
     repaid, with interest, by the date that is 25 years after the 
     end of the period of availability specified in subsection 
     (b)(6).
       ``(3) Sources of repayment funds.--The sources of funds for 
     scheduled loan repayments under this section shall include 
     tolls, user fees, or other dedicated revenue sources.

     ``Sec. 185. Project servicing

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

     ``Sec. 186. State and local permits

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

     ``Sec. 187. Regulations

       ``The Secretary may issue such regulations as the Secretary 
     determines appropriate to carry out this subchapter.

     ``Sec. 188. Funding

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

                                                         Maximum amount
``Fiscal year:                                               of credit:
  1998..................................................$1,200,000,000 
  1999..................................................$1,200,000,000 
  2000..................................................$1,800,000,000 
  2001..................................................$1,800,000,000 
  2002..................................................$2,300,000,000 
  2003..................................................$2,300,000,000.

     ``Sec. 189. Imposition of annual fee on recipients

       ``(a) In General.--There is hereby imposed on any recipient 
     of a Federal credit instrument an annual fee equal to the 
     applicable percentage of the average outstanding Federal 
     credit instrument amount made available to the recipient 
     during the year under this subchapter.
       ``(b) Time of Imposition.--The fee described in subsection 
     (a) shall be imposed on the annual anniversary date of the 
     receipt of the Federal credit instrument.
       ``(c) Applicable Percentage.--For the purposes of 
     subsection (a), the applicable percentage is, with respect to 
     an annual anniversary date occurring in--
       ``(1) any of fiscal years 1999 through 2003, 1.9095 
     percent; and
       ``(2) any fiscal year after 2003, 0.5144 percent.
       ``(d) Termination.--The fee imposed by this section shall 
     not apply with respect to annual anniversary dates occurring 
     after September 30, 2008.
       ``(e) Deposit of Receipts.--The fees collected by the 
     Secretary under this section shall be deposited in the 
     general fund of the Treasury of the United States as 
     miscellaneous receipts.

     ``Sec. 190. Report to Congress

       ``Not later than 4 years after the date of enactment of 
     this subchapter, the Secretary shall submit to Congress a 
     report summarizing the financial performance of the projects 
     that are receiving, or have received, assistance under this

[[Page S2031]]

     subchapter, including a recommendation as to whether the 
     objectives of this subchapter are best served--
       ``(1) by continuing the program under the authority of the 
     Secretary;
       ``(2) by establishing a Government corporation or 
     Government-sponsored enterprise to administer the program; or
       ``(3) by phasing out the program and relying on the capital 
     markets to fund the types of infrastructure investments 
     assisted by this subchapter without Federal participation.''.
       (b) Conforming Amendments.--Chapter 1 of title 23, United 
     States Code, is amended--
       (1) in the analysis--
       (A) by inserting before ``Sec.'' the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

     and
       (B) by adding at the end the following:

                ``SUBCHAPTER II--INFRASTRUCTURE FINANCE

``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Imposition of annual fee on recipients.
``190. Report to Congress.'';
     and
       (2) by inserting before section 101 the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS''.

     SEC. 1314. OFFICE OF INFRASTRUCTURE FINANCE.

       (a) Duties of the Secretary.--Section 301 of title 49, 
     United States Code, is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) develop and coordinate Federal policy on financing 
     transportation infrastructure, including the provision of 
     direct Federal credit assistance and other techniques used to 
     leverage Federal transportation funds.''.
       (b) Office of Infrastructure Finance.--
       (1) In general.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 113. Office of Infrastructure Finance

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

``113. Office of Infrastructure Finance.''.
                           Subtitle D--Safety

     SEC. 1401. OPERATION LIFESAVER.

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

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

       Section 104(d) of title 23, United States Code, is amended 
     by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Railway-highway crossing hazard elimination in high 
     speed rail corridors.--
       ``(A) In general.--Before making an apportionment of funds 
     under subsection (b)(3) for a fiscal year, the Secretary 
     shall set aside $5,000,000 of the funds made available for 
     the surface transportation program for the fiscal year for 
     elimination of hazards of railway-highway crossings.
       ``(B) Eligible corridors.--Funds made available under 
     subparagraph (A) shall be expended for projects in--
       ``(i) 5 railway corridors selected by the Secretary in 
     accordance with this subsection (as in effect on the day 
     before the date of enactment of this clause);
       ``(ii) 3 railway corridors selected by the Secretary in 
     accordance with subparagraphs (C) and (D); and
       ``(iii) a Gulf Coast high speed railway corridor (as 
     designated by the Secretary).
       ``(C) Required inclusion of high speed rail lines.--A 
     corridor selected by the Secretary under subparagraph (B) 
     shall include rail lines where railroad speeds of 90 miles or 
     more per hour are occurring or can reasonably be expected to 
     occur in the future.
       ``(D) Considerations in corridor selection.--In selecting 
     corridors under subparagraph (B), the Secretary shall 
     consider--
       ``(i) projected rail ridership volume in each corridor;
       ``(ii) the percentage of each corridor over which a train 
     will be capable of operating at its maximum cruise speed 
     taking into account such factors as topography and other 
     traffic on the line;
       ``(iii) projected benefits to nonriders such as congestion 
     relief on other modes of transportation serving each corridor 
     (including congestion in heavily traveled air passenger 
     corridors);
       ``(iv) the amount of State and local financial support that 
     can reasonably be anticipated for the improvement of the line 
     and related facilities; and
       ``(v) the cooperation of the owner of the right-of-way that 
     can reasonably be expected in the operation of high speed 
     rail passenger service in each corridor.
       ``(E)(i) Authorization of appropriations.--There is 
     authorized to be appropriated $15,000,000 in each of fiscal 
     years 1998 through 2003 to carry out this subsection.
       ``(ii) Availability.--Notwithstanding section 118(a), funds 
     made available under clause (i) shall not be available in 
     advance of an annual appropriation.''.

     SEC. 1403. RAILWAY-HIGHWAY CROSSINGS.

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

     SEC. 1404. HAZARD ELIMINATION PROGRAM.

       (a) In General.--Section 152 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Each'' and inserting the following:
       ``(a) In General.--
       ``(1) Program.--Each'';
       (B) by inserting ``, bicyclists,'' after ``motorists''; and
       (C) by adding at the end the following:
       ``(2) Hazards.--In carrying out paragraph (1), a State may, 
     at its discretion--
       ``(A) identify through a survey hazards to motorists, 
     bicyclists, pedestrians, and users of highway facilities; and
       ``(B) develop and implement projects and programs to 
     address the hazards.'';
       (2) in subsection (b), by striking ``highway safety 
     improvement project'' and inserting ``safety improvement 
     project, including a project described in subsection (a)''; 
     and
       (3) in subsection (c), by striking ``on any public road 
     (other than a highway on the Interstate System).'' and 
     inserting the following: ``on--
       ``(1) any public road;
       ``(2) any public transportation vehicle or facility, any 
     publicly owned bicycle or pedestrian pathway or trail, or any 
     other facility that the Secretary determines to be 
     appropriate; or
       ``(3) any traffic calming measure.''.
       (b) Conforming Amendments.--
       (1) Section 101(a) of title 23, United States Code, is 
     amended--
       (A) in the undesignated paragraph defining ``highway safety 
     improvement project'', by striking ``highway safety'' and 
     inserting ``safety''; and
       (B) by moving that undesignated paragraph to appear before 
     the undesignated paragraph defining ``Secretary''.
       (2) Section 152 of title 23, United States Code, is amended 
     in subsections (f) and (g) by striking ``highway safety 
     improvement projects'' each place it appears and inserting 
     ``safety improvement projects''.

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

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1301(a)), is amended by adding at the 
     end the following:

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

       ``(a) Definitions.--In this section:
       ``(1) Alcohol concentration.--The term `alcohol 
     concentration' means grams of alcohol per 100 milliliters of 
     blood or grams of alcohol per 210 liters of breath.
       ``(2) Driving while intoxicated; driving under the 
     influence.--The terms `driving while intoxicated' and 
     `driving under the influence' mean driving or being in actual 
     physical control of a motor vehicle while having an alcohol 
     concentration above the permitted limit as established by 
     each State.
       ``(3) License suspension.--The term `license suspension' 
     means the suspension of all driving privileges.
       ``(4) Motor vehicle.--The term `motor vehicle' means a 
     vehicle driven or drawn by mechanical power and manufactured 
     primarily for

[[Page S2032]]

     use on public highways, but does not include a vehicle 
     operated solely on a rail line or a commercial vehicle.
       ``(5) Repeat intoxicated driver law.--The term `repeat 
     intoxicated driver law' means a State law that provides, as a 
     minimum penalty, that an individual convicted of a second or 
     subsequent offense for driving while intoxicated or driving 
     under the influence after a previous conviction for that 
     offense shall--
       ``(A) receive a driver's license suspension for not less 
     than 1 year;
       ``(B) be subject to the impoundment or immobilization of 
     each of the individual's motor vehicles or the installation 
     of an ignition interlock system on each of the motor 
     vehicles;
       ``(C) receive an assessment of the individual's degree of 
     abuse of alcohol and treatment as appropriate; and
       ``(D) receive--
       ``(i) in the case of the second offense--

       ``(I) an assignment of not less than 30 days of community 
     service; or
       ``(II) not less than 5 days of imprisonment; and

       ``(ii) in the case of the third or subsequent offense--

       ``(I) an assignment of not less than 60 days of community 
     service; or
       ``(II) not less than 10 days of imprisonment.

       ``(b) Transfer of Funds.--
       ``(1) Fiscal years 2001 and 2002.--
       ``(A) In general.--On October 1, 2000, and October 1, 2001, 
     if a State has not enacted or is not enforcing a repeat 
     intoxicated driver law, the Secretary shall transfer an 
     amount equal to 1\1/2\ percent of the funds apportioned to 
     the State on that date under paragraphs (1) and (3) of 
     section 104(b) to the apportionment of the State under 
     section 402--
       ``(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).
       ``(3) Federal share.--The Federal share of the cost of a 
     project carried out under section 402 with funds transferred 
     under paragraph (1) or (2) shall be 100 percent.
       ``(4) Transfer of obligation authority.--
       ``(A) In general.--If the Secretary transfers under this 
     subsection any funds to the apportionment of a State under 
     section 402 for a fiscal year, the Secretary shall transfer 
     an amount, determined under subparagraph (B), of obligation 
     authority distributed for the fiscal year to the State for 
     Federal-aid highways and highway safety construction programs 
     for carrying out projects under section 402.
       ``(B) Amount.--The amount of obligation authority referred 
     to in subparagraph (A) shall be determined by multiplying--
       ``(i) the amount of funds transferred under subparagraph 
     (A) to the apportionment of the State under section 402 for 
     the fiscal year; by
       ``(ii) the ratio that--

       ``(I) the amount of obligation authority distributed for 
     the fiscal year to the State for Federal-aid highways and 
     highway safety construction programs; bears to
       ``(II) the total of the sums apportioned to the State for 
     Federal-aid highways and highway safety construction programs 
     (excluding sums not subject to any obligation limitation) for 
     the fiscal year.

       ``(5) Limitation on applicability of highway safety 
     obligations.--Notwithstanding any other provision of law, no 
     limitation on the total of obligations for highway safety 
     programs under section 402 shall apply to funds transferred 
     under this subsection to the apportionment of a State under 
     that section.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code (as amended by section 1301(b)), 
     is amended by adding at the end the following:

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

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

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1405(a)), is amended by adding at the 
     end the following:

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

       ``(a) Definitions.--In this section:
       ``(1) Motor vehicle.--The term `motor vehicle' means a 
     vehicle driven or drawn by mechanical power and manufactured 
     primarily for use on public highways, but does not include a 
     vehicle operated solely on a rail line.
       ``(2) Multipurpose passenger motor vehicle.--The term 
     `multipurpose passenger motor vehicle' means a motor vehicle 
     with motive power (except a trailer), designed to carry not 
     more than 10 individuals, that is constructed on a truck 
     chassis or is constructed with special features for 
     occasional off-road operation.
       ``(3) National average seat belt use rate.--The term 
     `national average seat belt use rate' means, in the case of 
     each of calendar years 1995 through 2001, the national 
     average seat belt use rate for that year, as determined by 
     the Secretary.
       ``(4) Passenger car.--The term `passenger car' means a 
     motor vehicle with motive power (except a multipurpose 
     passenger motor vehicle, motorcycle, or trailer) designed to 
     carry not more than 10 individuals.
       ``(5) Passenger motor vehicle.--The term `passenger motor 
     vehicle' means a passenger car or a multipurpose passenger 
     motor vehicle.
       ``(6) Savings to the federal government.--The term `savings 
     to the Federal Government' means the amount of Federal budget 
     savings relating to Federal medical costs (including savings 
     under the medicare and medicaid programs under titles XVIII 
     and XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), 
     as determined by the Secretary.
       ``(7) Seat belt.--The term `seat belt' means--
       ``(A) with respect to an open-body passenger motor vehicle, 
     including a convertible, an occupant restraint system 
     consisting of a lap belt or a lap belt and a detachable 
     shoulder belt; and
       ``(B) with respect to any other passenger motor vehicle, an 
     occupant restraint system consisting of integrated lap and 
     shoulder belts.
       ``(8) State seat belt use rate.--The term `State seat belt 
     use rate' means the rate of use of seat belts in passenger 
     motor vehicles in a State, as measured and submitted to the 
     Secretary--
       ``(A) for each of calendar years 1995 through 1997, by the 
     State, as adjusted by the Secretary to ensure national 
     consistency in methods of measurement (as determined by the 
     Secretary); and
       ``(B) for each of calendar years 1998 through 2001, by the 
     State in a manner consistent with the criteria established by 
     the Secretary under subsection (e).
       ``(b) Determinations by the Secretary.--Not later than 30 
     days after the date of enactment of this section, and not 
     later than September 1 of each calendar year thereafter 
     through September 1, 2002, the Secretary shall determine--
       ``(1)(A) which States had, for each of the previous 
     calendar years (referred to in this subsection as the 
     `previous calendar year') and the year preceding the previous 
     calendar year, a State seat belt use rate greater than the 
     national average seat belt use rate for that year; and
       ``(B) in the case of each State described in subparagraph 
     (A), the amount that is equal to the savings to the Federal 
     Government due to the amount by which the State seat belt use 
     rate for the previous calendar year exceeds the national 
     average seat belt use rate for that year; and
       ``(2) in the case of each State that is not a State 
     described in paragraph (1)(A)--
       ``(A) the base seat belt use rate of the State, which shall 
     be equal to the highest State seat belt use rate for the 
     State for any calendar year during the period of 1995 through 
     the calendar year preceding the previous calendar year; and
       ``(B) the amount that is equal to the savings to the 
     Federal Government due to any increase in the State seat belt 
     use rate for the previous calendar year over the base seat 
     belt use rate determined under subparagraph (A).
       ``(c) Allocations.--
       ``(1) States with greater than the national average seat 
     belt use rate.--Not later than 30 days after the date of 
     enactment of this section, and not later than each October 1 
     thereafter through October 1, 2002, the Secretary shall 
     allocate to each State described in subsection (b)(1)(A) an 
     amount equal to the amount determined for the State under 
     subsection (b)(1)(B).
       ``(2) Other states.--Not later than 30 days after the date 
     of enactment of this section, and not later than each October 
     1 thereafter through October 1, 2002, the Secretary shall 
     allocate to each State described in subsection (b)(2) an 
     amount equal to the amount determined for the State under 
     subsection (b)(2)(B).
       ``(d) Use of Funds.--For each fiscal year, each State that 
     is allocated an amount under this section shall use the 
     amount for projects eligible for assistance under this title.
       ``(e) Criteria.--Not later than 180 days after the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998, the Secretary shall establish criteria for the 
     measurement of State seat belt use rates by States to ensure 
     that the measurements are accurate and representative.
       ``(f) Funding.--

[[Page S2033]]

       ``(1) Authorization of contract authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this section $60,000,000 for 
     fiscal year 1998, $70,000,000 for fiscal year 1999, 
     $80,000,000 for fiscal year 2000, $90,000,000 for fiscal year 
     2001, and $100,000,000 for each of fiscal years 2002 and 
     2003.
       ``(2) Proportionate adjustment.--If the total amounts to be 
     allocated under subsection (c) for any fiscal year would 
     exceed the amounts authorized for the fiscal year under 
     paragraph (1), the allocation to each State under subsection 
     (c) shall be reduced proportionately.
       ``(3) Use of unallocated funds.--To the extent that the 
     amounts made available for any fiscal year under paragraph 
     (1) exceed the total amounts to be allocated under subsection 
     (c) for the fiscal year, the excess amounts shall be 
     allocated as follows:
       ``(A) 50 percent to be apportioned to the States in the 
     same manner in which funds are apportioned under section 
     402(c).
       ``(B) 50 percent to be allocated by the Secretary under 
     section 403 through cooperative agreements with States to 
     carry out innovative programs to promote increased seat belt 
     use rates.
       ``(4) Administrative expenses.--Not more than 2 percent of 
     the funds made available to carry out this section may be 
     used to pay the necessary administrative expenses incurred in 
     carrying out this section.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code (as amended by section 1405(b)), 
     is amended by adding at the end the following:

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

     SEC. 1407. AUTOMATIC CRASH PROTECTION UNBELTED TESTING 
                   STANDARD.

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

     SEC. 1408. 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 2002.--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, 2001, 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, 2002, 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 
     providing that an individual who has an alcohol concentration 
     of 0.08 percent or greater while operating a motor vehicle in 
     the State is guilty of the offense of driving while 
     intoxicated (or an equivalent offense that carries the 
     greatest penalty under the law of the State for operating a 
     motor vehicle after having consumed 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, 2003.--Any 
     funds withheld under subsection (a) from apportionment to any 
     State on or before September 30, 2003, 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, 2003.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2003, 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.''.

     SEC. 1409. 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) Withholding of Apportionments for Noncompliance.--
       ``(1) Fiscal year 2002.--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, 2001, if the State does not have in 
     effect a law described in 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, 2002, and on October 1 of each 
     fiscal year thereafter, if the State does not have in effect 
     a law described in paragraph (3) on that date.
       ``(3) Open container laws.--
       ``(A) 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.
       ``(B) Motor vehicles designed 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, maintained, or used primarily for the 
     transportation of persons for compensation, or to the living 
     quarters of a house coach or house trailer, 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.
       ``(c) Period of Availability; Effect of Compliance and 
     Noncompliance.--
       ``(1) Period of availability of withheld funds.--
       ``(A) Funds withheld on or before september 30, 2003.--Any 
     funds withheld under subsection (b) from apportionment to any 
     State on or before September 30, 2003, 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, 2003.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2003, 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 (b) from apportionment are to 
     remain available for apportionment to a State under paragraph 
     (1)(A), the State has in effect a law described in subsection 
     (b)(3), the Secretary shall, on the first day on which the 
     State has in effect such a law, apportion to the State the 
     funds withheld under subsection (b) 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

[[Page S2034]]

     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 (b) from 
     apportionment are available for apportionment to a State 
     under paragraph (1)(A), the State does not have in effect a 
     law described in subsection (b)(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. Open container requirements.''.

     SEC. 1410. REPORT ON EFFECTS OF ALLOWING HEAVIER WEIGHT 
                   VEHICLES ON CERTAIN HIGHWAYS.

       (a) Definition of Heavier Weight Vehicle.--In this section, 
     the term ``heavier weight vehicle'' means a vehicle the 
     operation of which on the Interstate System is prohibited 
     under section 127 of title 23, United States Code.
       (b) Report.--Not later than December 31, 2000, the 
     Secretary shall submit to Congress a report on the effects of 
     allowing operation of heavier weight vehicles on Interstate 
     Route 95 in the States of Maine and New Hampshire.
       (c) Contents.--The report shall contain an analysis of the 
     safety, infrastructure, cost recovery, environmental, and 
     economic implications of that operation.
       (d) Consultation.--In preparing the report, the Secretary 
     shall consult with the safety and modal administrations of 
     the Department of Transportation, and the States of Maine and 
     New Hampshire.
       (e) Moratorium on Withholding of Funds.--Notwithstanding 
     section 127 of title 23, United States Code, during the 
     period beginning on the date of enactment of this Act and 
     ending on the earlier of the end of fiscal year 2002 or the 
     date that is 1 year after the date of submission of the 
     report under subsection (b), the Secretary shall not 
     withhold, under that section, funds from apportionment to the 
     States of Maine and New Hampshire.
                        Subtitle E--Environment

     SEC. 1501. NATIONAL SCENIC BYWAYS PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1406(a)) is amended by adding at the 
     end the following:

     ``Sec. 165. National scenic byways program

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

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

     SEC. 1502. PUBLIC-PRIVATE PARTNERSHIPS.

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

     SEC. 1503. WETLAND RESTORATION PILOT PROGRAM.

       (a) Findings.--Congress finds that--
       (1) surface transportation has unintended but negative 
     consequences for wetlands and other water resources;
       (2) in almost every State, construction and other highway 
     activities have reduced or eliminated wetland functions and 
     values, such as wildlife habitat, ground water recharge, 
     flood control, and water quality benefits;
       (3) the United States has lost more than \1/2\ of the 
     estimated 220,000,000 acres of wetlands that existed during 
     colonial times; and
       (4) while the rate of human-induced destruction and 
     conversion of wetlands has slowed in recent years, the United 
     States has suffered unacceptable wetland losses as a result 
     of highway projects.
       (b) Establishment.--The Secretary shall establish a 
     national wetland restoration pilot program (referred to in 
     this section as the ``program'') to fund mitigation projects 
     to offset the degradation of wetlands, or the loss of 
     functions and values of the aquatic resource, resulting from 
     projects carried out before December 27, 1977, under title 
     23, United States Code (or similar projects as determined by 
     the Secretary), for which mitigation has not been performed.
       (c) Applications.--To be eligible for funding under the 
     program, a State shall submit an application to the Secretary 
     that includes--
       (1) a description of the wetland proposed to be restored by 
     a mitigation project described in subsection (b) (referred to 
     in this section as a ``wetland restoration project'') under 
     the program (including the size and quality of the wetland);
       (2) such information as is necessary to establish a nexus 
     between--
       (A) a project carried out under title 23, United States 
     Code (or a similar project as determined by the Secretary); 
     and
       (B) the wetland values and functions proposed to be 
     restored by the wetland restoration project;

[[Page S2035]]

       (3) a description of the benefits expected from the 
     proposed wetland restoration project (including improvement 
     of water quality, improvement of wildlife habitat, ground 
     water recharge, and flood control);
       (4) a description of the State's level of commitment to the 
     proposed wetland restoration project (including the monetary 
     commitment of the State and any development of a State or 
     regional conservation plan that includes the proposed wetland 
     restoration); and
       (5) the estimated total cost of the wetland restoration 
     project.
       (d) Selection of Wetland Restoration Projects.--
       (1) Interagency council.--In consultation with the 
     Secretary of the Army, the Secretary of the Interior, the 
     Secretary of Agriculture, and the Administrator of the 
     Environmental Protection Agency, the Secretary shall 
     establish an interagency advisory council to--
       (A) review the submitted applications that meet the 
     requirements of subsection (c); and
       (B) not later than 60 days after the application deadline, 
     select wetland restoration projects for funding under the 
     program.
       (2) Selection criteria for priority wetland restoration 
     projects.--In consultation with the Secretary of the Army, 
     the Secretary of the Interior, the Secretary of Agriculture, 
     and the Administrator of the Environmental Protection Agency, 
     the Secretary shall give priority in funding under this 
     section to wetland restoration projects that--
       (A) provide for long-term monitoring and maintenance of 
     wetland resources;
       (B) are managed by an entity, such as a State wildlife 
     agency, wetland conservation group, land trust, or nature 
     conservancy, with expertise in the long-term monitoring and 
     protection of wetland resources; and
       (C) have a high likelihood of success.
       (e) Reports.--Not later than April 1, 2000, and April 1, 
     2003, the Secretary shall submit a report to Congress on the 
     results of the program.
       (f) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section $12,000,000 for fiscal year 1998, $13,000,000 
     for fiscal year 1999, $14,000,000 for fiscal year 2000, 
     $17,000,000 for fiscal year 2001, $20,000,000 for fiscal year 
     2002, and $24,000,000 for fiscal year 2003.
       (2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
                          Subtitle F--Planning

     SEC. 1601. METROPOLITAN PLANNING.

       (a) In General.--Section 134 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 134. Metropolitan planning

       ``(a) General Requirements.--
       ``(1) Findings.--Congress finds that it is in the national 
     interest to encourage and promote the safe and efficient 
     management, operation, and development of surface 
     transportation systems that will serve the mobility needs of 
     people and freight within and through urbanized areas, while 
     minimizing transportation-related fuel consumption and air 
     pollution.
       ``(2) Development of plans and programs.--To accomplish the 
     objective stated in paragraph (1), metropolitan planning 
     organizations designated under subsection (b), in cooperation 
     with the State and public transit operators, shall develop 
     transportation plans and programs for urbanized areas of the 
     State.
       ``(3) Contents.--The plans and programs for each 
     metropolitan area shall provide for the development and 
     integrated management and operation of transportation systems 
     and facilities (including pedestrian walkways and bicycle 
     transportation facilities) that will function as an 
     intermodal transportation system for the metropolitan area 
     and as an integral part of an intermodal transportation 
     system for the State and the United States.
       ``(4) Process.--The process for developing the plans and 
     programs shall provide for consideration of all modes of 
     transportation and shall be continuing, cooperative, and 
     comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(b) Designation of Metropolitan Planning Organizations.--
       ``(1) In general.--To carry out the transportation planning 
     process required by this section, a metropolitan planning 
     organization shall be designated for each urbanized area with 
     a population of more than 50,000 individuals--
       ``(A) by agreement between the Governor and units of 
     general purpose local government that together represent at 
     least 75 percent of the affected population (including the 
     central city or cities as defined by the Bureau of the 
     Census); or
       ``(B) in accordance with procedures established by 
     applicable State or local law.
       ``(2) Redesignation.--
       ``(A) 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).
       ``(3) Designation of more than 1 metropolitan planning 
     organization.--More than 1 metropolitan planning organization 
     may be designated within an existing metropolitan planning 
     area only if the Governor and the existing metropolitan 
     planning organization determine that the size and complexity 
     of the existing metropolitan planning area make designation 
     of more than 1 metropolitan planning organization for the 
     area appropriate.
       ``(4) Structure.--Each policy board of a metropolitan 
     planning organization that serves an area designated as a 
     transportation management area, when designated or 
     redesignated under this subsection, shall consist of--
       ``(A) local elected officials;
       ``(B) officials of public agencies that administer or 
     operate major modes of transportation in the metropolitan 
     area (including all transportation agencies included in the 
     metropolitan planning organization as of June 1, 1991); and
       ``(C) appropriate State officials.
       ``(5) Other authority.--Nothing in this subsection 
     interferes with the authority, under any State law in effect 
     on December 18, 1991, of a public agency with multimodal 
     transportation responsibilities to--
       ``(A) develop plans and programs for adoption by a 
     metropolitan planning organization; or
       ``(B) develop long-range capital plans, coordinate transit 
     services and projects, and carry out other activities under 
     State law.
       ``(6) Continuing designation.--A designation of a 
     metropolitan planning organization under this subsection or 
     any other provision of law shall remain in effect until the 
     metropolitan planning organization is redesignated under 
     paragraph (2).
       ``(c) Metropolitan Planning Area Boundaries.--
       ``(1) In general.--For the purposes of this section, the 
     boundaries of a metropolitan planning area shall be 
     determined by agreement between the metropolitan planning 
     organization and the Governor.
       ``(2) Included area.--Each metropolitan planning area--
       ``(A) shall encompass at least the existing urbanized area 
     and the contiguous area expected to become urbanized within a 
     20-year forecast period; and
       ``(B) may encompass the entire metropolitan statistical 
     area or consolidated metropolitan statistical area, as 
     defined by the Bureau of the Census.
       ``(3) Existing metropolitan planning areas in 
     nonattainment.--Notwithstanding paragraph (2), in the case of 
     an area designated as a nonattainment area for ozone or 
     carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
     seq.), the boundaries of the metropolitan planning area in 
     existence as of the date of enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1998, shall be 
     retained, except that the boundaries may be adjusted by 
     agreement of the affected metropolitan planning organizations 
     and Governors in the manner described in subsection (b)(2).
       ``(4) New metropolitan planning areas in nonattainment.--In 
     the case of an urbanized area designated after the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998 as a nonattainment area for ozone or carbon 
     monoxide, the boundaries of the metropolitan planning area--
       ``(A) shall be established by agreement between the 
     appropriate units of general purpose local government 
     (including the central city) and the Governor;
       ``(B) shall encompass at least the urbanized area and the 
     contiguous area expected to become urbanized within a 20-year 
     forecast period;
       ``(C) may encompass the entire metropolitan statistical 
     area or consolidated metropolitan statistical area, as 
     defined by the Bureau of the Census; and
       ``(D) may address any nonattainment area identified under 
     the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or 
     carbon monoxide.
       ``(d) Coordination in Multistate Areas.--
       ``(1) In general.--The Secretary shall encourage each 
     Governor with responsibility for a portion of a multistate 
     metropolitan area and the appropriate metropolitan planning 
     organizations to provide coordinated transportation planning 
     for the entire metropolitan area.
       ``(2) Interstate compacts.--The consent of Congress is 
     granted to any 2 or more States--
       ``(A) to enter into agreements or compacts, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of activities authorized 
     under this section as the activities pertain to interstate 
     areas and localities within the States; and
       ``(B) to establish such agencies, joint or otherwise, as 
     the States may determine desirable for making the agreements 
     and compacts effective.
       ``(3) Lake tahoe region.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish with the Federal land management agencies 
     that have jurisdiction over land in the Lake Tahoe region (as 
     defined in the Lake Tahoe Regional Planning Compact) a 
     transportation planning process for the region; and
       ``(ii) coordinate the transportation planning process with 
     the planning process required of State and local governments 
     under this section, section 135, and chapter 53 of title 49.
       ``(B) Interstate compact.--
       ``(i) In general.--Subject to clause (ii), notwithstanding 
     subsection (b), to carry out the transportation planning 
     process required by this section, the consent of Congress is 
     granted to the States of California and Nevada to designate a 
     metropolitan planning organization for the

[[Page S2036]]

     Lake Tahoe region, by agreement between the Governors of the 
     States of California and Nevada and units of general purpose 
     local government that together represent at least 75 percent 
     of the affected population (including the central city or 
     cities (as defined by the Bureau of the Census)), or in 
     accordance with procedures established by applicable State or 
     local law.
       ``(ii) Involvement of federal land management agencies.--

       ``(I) Representation.--The policy board of a metropolitan 
     planning organization designated under subparagraph (A) shall 
     include a representative of each Federal land management 
     agency that has jurisdiction over land in the Lake Tahoe 
     region.
       ``(II) Funding.--In addition to funds made available to the 
     metropolitan planning organization under other provisions of 
     this title and under chapter 53 of title 49, not more than 1 
     percent of the funds allocated under section 202 may be used 
     to carry out the transportation planning process for the Lake 
     Tahoe region under this subparagraph.

       ``(C) Activities.--
       ``(i) Highway projects.--Highway projects included in 
     transportation plans developed under this paragraph--

       ``(I) shall be selected for funding in a manner that 
     facilitates the participation of the Federal land management 
     agencies that have jurisdiction over land in the Lake Tahoe 
     region; and
       ``(II) may, in accordance with chapter 2, be funded using 
     funds allocated under section 202.

       ``(ii) Transit projects.--Transit projects included in 
     transportation plans developed under this paragraph may, in 
     accordance with chapter 53 of title 49, be funded using 
     amounts apportioned under that title for--

       ``(I) capital project funding, in order to accelerate 
     completion of the transit projects; and
       ``(II) operating assistance, in order to pay the operating 
     costs of the transit projects, including operating costs 
     associated with unique circumstances in the Lake Tahoe 
     region, such as seasonal fluctuations in passenger loadings, 
     adverse weather conditions, and increasing intermodal needs.

       ``(e) Coordination of Metropolitan Planning 
     Organizations.--If more than 1 metropolitan planning 
     organization has authority within a metropolitan planning 
     area or an area that is designated as a nonattainment area 
     for ozone or carbon monoxide under the Clean Air Act (42 
     U.S.C. 7401 et seq.), each such metropolitan planning 
     organization shall consult with the other metropolitan 
     planning organizations designated for the area and the State 
     in the development of plans and programs required by this 
     section.
       ``(f) Scope of Planning Process.--The metropolitan 
     transportation planning process for a metropolitan area under 
     this section shall consider the following:
       ``(1) Supporting the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency.
       ``(2) Increasing the safety and security of the 
     transportation system for motorized and nonmotorized users.
       ``(3) Increasing the accessibility and mobility options 
     available to people and for freight.
       ``(4) Protecting and enhancing the environment, promoting 
     energy conservation, and improving quality of life through 
     land use planning.
       ``(5) Enhancing the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight.
       ``(6) Promoting efficient system management and operation.
       ``(7) Emphasizing the preservation of the existing 
     transportation system.
       ``(g) Development of Long-Range Transportation Plan.--
       ``(1) In general.--
       ``(A) Development.--In accordance with this subsection, 
     each metropolitan planning organization shall develop, and 
     update periodically, according to a schedule that the 
     Secretary determines to be appropriate, a long-range 
     transportation plan for its metropolitan area.
       ``(B) Forecast period.--In developing long-range 
     transportation plans, the metropolitan planning process shall 
     address--
       ``(i) the considerations under subsection (f); and
       ``(ii) any State or local goals developed within the 
     cooperative metropolitan planning process;
     as they relate to a 20-year forecast period and to other 
     forecast periods as determined by the participants in the 
     planning process.
       ``(C) Funding estimates.--For the purpose of developing the 
     long-range transportation plan, the State shall consult with 
     the metropolitan planning organization and each public 
     transit agency in developing estimates of funds that are 
     reasonably expected to be available to support plan 
     implementation.
       ``(2) Long-range transportation plan.--A long-range 
     transportation plan under this subsection shall, at a 
     minimum, contain--
       ``(A) an identification of transportation facilities 
     (including major roadways and transit, multimodal, and 
     intermodal facilities) that should function as a future 
     integrated transportation system, giving emphasis to those 
     facilities that serve important national, regional, and 
     metropolitan transportation functions;
       ``(B) an identification of transportation strategies 
     necessary to--
       ``(i) ensure preservation, including requirements for 
     management, operation, modernization, and rehabilitation, of 
     the existing and future transportation system; and
       ``(ii) make the most efficient use of existing 
     transportation facilities to relieve congestion, to 
     efficiently serve the mobility needs of people and goods, and 
     to enhance access within the metropolitan planning area; and
       ``(C) a financial plan that demonstrates how the long-range 
     transportation plan can be implemented, indicates total 
     resources from public and private sources that are reasonably 
     expected to be available to carry out the plan (without any 
     requirement for indicating project-specific funding sources), 
     and recommends any additional financing strategies for needed 
     projects and programs.
       ``(3) Coordination with clean air act agencies.--In 
     metropolitan areas that are in nonattainment for ozone or 
     carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
     seq.), the metropolitan planning organization shall 
     coordinate the development of a long-range transportation 
     plan with the process for development of the transportation 
     control measures of the State implementation plan required by 
     that Act.
       ``(4) Participation by interested parties.--Before adopting 
     a long-range transportation plan, each metropolitan planning 
     organization shall provide citizens, affected public 
     agencies, representatives of transportation agency employees, 
     freight shippers, private providers of transportation, and 
     other interested parties with a reasonable opportunity to 
     comment on the long-range transportation plan.
       ``(5) Publication of long-range transportation plan.--Each 
     long-range transportation plan prepared by a metropolitan 
     planning organization shall be--
       ``(A) published or otherwise made readily available for 
     public review; and
       ``(B) submitted for information purposes to the Governor at 
     such times and in such manner as the Secretary shall 
     establish.
       ``(h) Metropolitan Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with the State and any 
     affected public transit operator, the metropolitan planning 
     organization designated for a metropolitan area shall develop 
     a transportation improvement program for the area for which 
     the organization is designated.
       ``(B) Opportunity for comment.--In developing the program, 
     the metropolitan planning organization, in cooperation with 
     the State and any affected public transit operator, shall 
     provide citizens, affected public agencies, representatives 
     of transportation agency employees, other affected employee 
     representatives, freight shippers, private providers of 
     transportation, and other interested parties with a 
     reasonable opportunity to comment on the proposed program.
       ``(C) Funding estimates.--For the purpose of developing the 
     transportation improvement program, the metropolitan planning 
     organization, public transit agency, and State shall 
     cooperatively develop estimates of funds that are reasonably 
     expected to be available to support program implementation.
       ``(D) Updating and approval.--The program shall be updated 
     at least once every 2 years and shall be approved by the 
     metropolitan planning organization and the Governor.
       ``(2) Contents.--The transportation improvement program 
     shall include--
       ``(A) a list, in order of priority, of proposed federally 
     supported projects and strategies to be carried out within 
     each 3-year-period after the initial adoption of the 
     transportation improvement program; and
       ``(B) a financial plan that--
       ``(i) demonstrates how the transportation improvement 
     program can be implemented;
       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be available to carry out the 
     program (without any requirement for indicating project-
     specific funding sources); and
       ``(iii) identifies innovative financing techniques to 
     finance projects, programs, and strategies (without any 
     requirement for indicating project-specific funding sources).
       ``(3) Included projects.--
       ``(A) Chapter 1 and chapter 53 projects.--A transportation 
     improvement program developed under this subsection for a 
     metropolitan area shall include the projects and strategies 
     within the area that are proposed for funding under chapter 1 
     of this title and chapter 53 of title 49.
       ``(B) Chapter 2 projects.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 of 
     this title shall be identified individually in the 
     transportation improvement program.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 of this title that are not determined to be 
     regionally significant shall be grouped in 1 line item or 
     identified individually in the transportation improvement 
     program.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall be consistent with the long-range 
     transportation plan developed under subsection (g) for the 
     area.
       ``(D) Requirement of anticipated full funding.--The program 
     shall include a project, or an identified phase of a project, 
     only if full funding can reasonably be anticipated to be 
     available for the project within the time period contemplated 
     for completion of the project.
       ``(4) Notice and comment.--Before approving a 
     transportation improvement program, a metropolitan planning 
     organization shall, in cooperation with the State and any 
     affected public transit operator, provide citizens, affected 
     public agencies, representatives of transportation agency 
     employees, private providers of transportation, and other 
     interested parties with reasonable notice of and an 
     opportunity to comment on the proposed program.
       ``(5) Selection of projects.--
       ``(A) In general.--Except as otherwise provided in 
     subsection (i)(4) and in addition to the transportation 
     improvement program development required under paragraph (1), 
     the selection of federally funded projects for implementation 
     in metropolitan areas shall be carried out, from the approved 
     transportation improvement program--
       ``(i) by--

       ``(I) in the case of projects under chapter 1, the State; 
     and

[[Page S2037]]

       ``(II) in the case of projects under chapter 53 of title 
     49, the designated transit funding recipients; and

       ``(ii) in cooperation with the metropolitan planning 
     organization.
       ``(B) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved 
     transportation improvement program in place of another 
     project of higher priority in the program.
       ``(i) Transportation Management Areas.--
       ``(1) Designation.--
       ``(A) Required designations.--The Secretary shall designate 
     as a transportation management area each urbanized area with 
     a population of over 200,000 individuals.
       ``(B) Designations on request.--The Secretary shall 
     designate any additional area as a transportation management 
     area on the request of the Governor and the metropolitan 
     planning organization designated for the area.
       ``(2) Transportation plans and programs.--Within a 
     transportation management area, transportation plans and 
     programs shall be based on a continuing and comprehensive 
     transportation planning process carried out by the 
     metropolitan planning organization in cooperation with the 
     State and any affected public transit operator.
       ``(3) Congestion management system.--Within a 
     transportation management area, the transportation planning 
     process under this section shall include a congestion 
     management system that provides for effective management of 
     new and existing transportation facilities eligible for 
     funding under this title and chapter 53 of title 49 through 
     the use of travel demand reduction and operational management 
     strategies.
       ``(4) Selection of projects.--
       ``(A) In general.--In addition to the transportation 
     improvement program development required under subsection 
     (h)(1), all federally funded projects carried out within the 
     boundaries of a transportation management area under this 
     title (excluding projects carried out on the National Highway 
     System) or under chapter 53 of title 49 shall be selected for 
     implementation from the approved transportation improvement 
     program by the metropolitan planning organization designated 
     for the area in consultation with the State and any affected 
     public transit operator.
       ``(B) National highway system projects.--Projects carried 
     out within the boundaries of a transportation management area 
     on the National Highway System shall be selected for 
     implementation from the approved transportation improvement 
     program by the State in cooperation with the metropolitan 
     planning organization designated for the area.
       ``(5) Certification.--
       ``(A) In general.--The Secretary shall--
       ``(i) ensure that the metropolitan planning process in each 
     transportation management area is being carried out in 
     accordance with applicable provisions of Federal law; and
       ``(ii) subject to subparagraph (B), certify, not less often 
     than once every 3 years, that the requirements of this 
     paragraph are met with respect to the transportation 
     management area.
       ``(B) Requirements for certification.--The Secretary may 
     make the certification under subparagraph (A) if--
       ``(i) the transportation planning process complies with the 
     requirements of this section and other applicable 
     requirements of Federal law;
       ``(ii) there is a transportation improvement program for 
     the area that has been approved by the metropolitan planning 
     organization and the Governor;
       ``(iii) the public has been given adequate opportunity 
     during the certification process to comment on--

       ``(I) the public participation process conducted by the 
     metropolitan planning organization; and
       ``(II) the extent to which the transportation improvement 
     program for the metropolitan area takes into account the 
     needs of the entire metropolitan area, including the needs of 
     low and moderate income residents, and the requirement of 
     title VI of the Civil Rights Act; and

       ``(iv) public comments are--

       ``(I) included in the documentation supporting the 
     metropolitan planning organization's request for 
     certification; and
       ``(II) made publicly available.

       ``(C) Effect of failure to certify.--
       ``(i) Withholding of funds.--If a metropolitan planning 
     process is not certified, the Secretary may withhold up to 20 
     percent of the apportioned funds attributable to the 
     transportation management area under this title and chapter 
     53 of title 49.
       ``(ii) Restoration of withheld funds.--The withheld 
     apportionments shall be restored to the metropolitan area at 
     such time as the metropolitan planning organization is 
     certified by the Secretary.
       ``(iii) Feasibility of private enterprise participation.--
     The Secretary shall not withhold certification under this 
     paragraph based on the policies and criteria established by a 
     metropolitan planning organization or transit grant recipient 
     for determining the feasibility of private enterprise 
     participation in accordance with section 5306(a) of title 49.
       ``(j) Abbreviated Plans and Programs for Certain Areas.--
       ``(1) In general.--Subject to paragraph (2), in the case of 
     a metropolitan area not designated as a transportation 
     management area under this section, the Secretary may provide 
     for the development of an abbreviated metropolitan 
     transportation plan and program that the Secretary determines 
     is appropriate to achieve the purposes of this section, 
     taking into account the complexity of transportation problems 
     in the area.
       ``(2) Nonattainment areas.--The Secretary may not permit 
     abbreviated plans or programs for a metropolitan area that is 
     in nonattainment for ozone or carbon monoxide under the Clean 
     Air Act (42 U.S.C. 7401 et seq.).
       ``(k) Additional Requirements for Certain Nonattainment 
     Areas.--
       ``(1) In general.--Notwithstanding any other provision of 
     this title or chapter 53 of title 49, in the case of a 
     transportation management area classified as nonattainment 
     for ozone or carbon monoxide under the Clean Air Act (42 
     U.S.C. 7401 et seq.), Federal funds may not be programmed in 
     the area for any highway project that will result in a 
     significant increase in carrying capacity for single occupant 
     vehicles unless the project results from an approved 
     congestion management system.
       ``(2) Applicability.--This subsection applies to a 
     nonattainment area within the metropolitan planning area 
     boundaries determined under subsection (c).
       ``(l) Limitation.--Nothing in this section confers on a 
     metropolitan planning organization the authority to impose 
     any legal requirement on any transportation facility, 
     provider, or project not eligible for assistance under this 
     title or chapter 53 of title 49.
       ``(m) Funding.--
       ``(1) In general.--Funds set aside under section 104(f) of 
     this title and section 5303 of title 49 shall be available to 
     carry out this section.
       ``(2) Unused funds.--Any funds that are not used to carry 
     out this section may be made available by the metropolitan 
     planning organization to the State to fund activities under 
     section 135.''.
       (b) Technical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 134 and inserting the following:

``134. Metropolitan planning.''.

     SEC. 1602. STATEWIDE PLANNING.

       (a) In General.--Section 135 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 135. Statewide planning

       ``(a) General Requirements.--
       ``(1) Findings.--It is in the national interest to 
     encourage and promote the safe and efficient management, 
     operation, and development of surface transportation systems 
     that will serve the mobility needs of people and freight 
     throughout each State.
       ``(2) Development of plans and programs.--Subject to 
     section 134 of this title and sections 5303 through 5305 of 
     title 49, each State shall develop transportation plans and 
     programs for all areas of the State.
       ``(3) Contents.--The plans and programs for each State 
     shall provide for the development and integrated management 
     and operation of transportation systems (including pedestrian 
     walkways and bicycle transportation facilities) that will 
     function as an intermodal State transportation system and an 
     integral part of the intermodal transportation system of the 
     United States.
       ``(4) Process of development.--The process for developing 
     the plans and programs shall provide for consideration of all 
     modes of transportation and shall be continuing, cooperative, 
     and comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(b) Scope of Planning Process.--Each State shall carry 
     out a transportation planning process that shall consider the 
     following:
       ``(1) Supporting the economic vitality of the United 
     States, the States, and metropolitan areas, especially by 
     enabling global competitiveness, productivity, and 
     efficiency.
       ``(2) Increasing the safety and security of the 
     transportation system for motorized and nonmotorized users.
       ``(3) Increasing the accessibility and mobility options 
     available to people and for freight.
       ``(4) Protecting and enhancing the environment, promoting 
     energy conservation, and improving quality of life through 
     land use planning.
       ``(5) Enhancing the integration and connectivity of the 
     transportation system, across and between modes throughout 
     the State, for people and freight.
       ``(6) Promoting efficient system management and operation.
       ``(7) Emphasizing the preservation of the existing 
     transportation system.
       ``(c) Coordination With Metropolitan Planning; State 
     Implementation Plan.--In carrying out planning under this 
     section, a State shall--
       ``(1) coordinate the planning with the transportation 
     planning activities carried out under section 134 for 
     metropolitan areas of the State; and
       ``(2) carry out the responsibilities of the State for the 
     development of the transportation portion of the State air 
     quality implementation plan to the extent required by the 
     Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(d) Additional Requirements.--In carrying out planning 
     under this section, each State shall, at a minimum, 
     consider--
       ``(1) with respect to nonmetropolitan areas, the concerns 
     of local elected officials representing units of general 
     purpose local government;
       ``(2) the concerns of Indian tribal governments and Federal 
     land management agencies that have jurisdiction over land 
     within the boundaries of the State; and
       ``(3) coordination of transportation plans, programs, and 
     planning activities with related planning activities being 
     carried out outside of metropolitan planning areas.
       ``(e) Long-Range Transportation Plan.--
       ``(1) Development.--Each State shall develop a long-range 
     transportation plan, with a minimum 20-year forecast period, 
     for all areas of the State, that provides for the development 
     and implementation of the intermodal transportation system of 
     the State.

[[Page S2038]]

       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the plan shall be developed 
     in cooperation with the metropolitan planning organization 
     designated for the metropolitan area under section 134 of 
     this title and section 5305 of title 49.
       ``(B) Nonmetropolitan areas.--With respect to each 
     nonmetropolitan area, the plan shall be developed in 
     consultation with local elected officials representing units 
     of general purpose local government.
       ``(C) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the plan shall be developed in consultation with 
     the tribal government and the Secretary of the Interior.
       ``(3) Participation by interested parties.--In developing 
     the plan, the State shall--
       ``(A) provide citizens, affected public agencies, 
     representatives of transportation agency employees, other 
     affected employee representatives, freight shippers, private 
     providers of transportation, and other interested parties 
     with a reasonable opportunity to comment on the proposed 
     plan; and
       ``(B) identify transportation strategies necessary to 
     efficiently serve the mobility needs of people.
       ``(f) State Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--The State shall develop a transportation 
     improvement program for all areas of the State.
       ``(B) Consultation with governments.--
       ``(i) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the program shall be 
     developed in cooperation with the metropolitan planning 
     organization designated for the metropolitan area under 
     section 134 of this title and section 5305 of title 49.
       ``(ii) Nonmetropolitan areas.--

       ``(I) In general.--With respect to each nonmetropolitan 
     area in the State, the program shall be developed in 
     cooperation with the State, elected officials of affected 
     local governments, and elected officials of subdivisions of 
     affected local governments that have jurisdiction over 
     transportation planning, through a process developed by the 
     State that ensures participation by the elected officials.
       ``(II) Review.--Not less than once every 2 years, the 
     Secretary shall review the planning process through which the 
     program was developed under subclause (I).
       ``(III) Approval.--The Secretary shall approve the planning 
     process if the Secretary finds that the planning process is 
     consistent with this section and section 134.

       ``(iii) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the program shall be developed in consultation 
     with the tribal government and the Secretary of the Interior.
       ``(C) Participation by interested parties.--In developing 
     the program, the Governor shall provide citizens, affected 
     public agencies, representatives of transportation agency 
     employees, other affected employee representatives, freight 
     shippers, private providers of transportation, and other 
     interested parties with a reasonable opportunity to comment 
     on the proposed program.
       ``(2) Included projects.--
       ``(A) In general.--A transportation improvement program 
     developed under this subsection for a State shall include 
     federally supported surface transportation expenditures 
     within the boundaries of the State.
       ``(B) Chapter 2 projects.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 
     shall be identified individually.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 that are not determined to be regionally 
     significant shall be grouped in 1 line item or identified 
     individually.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall--
       ``(i) be consistent with the long-range transportation plan 
     developed under this section for the State;
       ``(ii) be identical to the project as described in an 
     approved metropolitan transportation improvement program; and
       ``(iii) be in conformance with the applicable State air 
     quality implementation plan developed under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), if the project is carried out in an 
     area designated as nonattainment for ozone or carbon monoxide 
     under that Act.
       ``(D) Requirement of anticipated full funding.--
       ``(i) In general.--The program shall include a project, or 
     an identified phase of a project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(ii) Limitation.--Clause (i) does not require the 
     indication of project-specific funding sources.
       ``(E) Priorities.--The program shall reflect the priorities 
     for programming and expenditures of funds, including 
     transportation enhancements, required by this title.
       ``(3) Project selection for areas of less than 50,000 
     population.--
       ``(A) In general.--Projects carried out in areas with 
     populations of less than 50,000 individuals (excluding 
     projects carried out on the National Highway System) shall be 
     selected, from the approved statewide transportation 
     improvement program, by the State in cooperation with the 
     affected local officials.
       ``(B) National highway system projects.--Projects carried 
     out in areas described in subparagraph (A) on the National 
     Highway System shall be selected, from the approved statewide 
     transportation improvement program, by the State in 
     consultation with the affected local officials.
       ``(4) Biennial review and approval.--A transportation 
     improvement program developed under this subsection shall be 
     reviewed and, on a finding that the planning process through 
     which the program was developed is consistent with this 
     section and section 134, approved not less frequently than 
     biennially by the Secretary.
       ``(5) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved 
     statewide transportation improvement program in place of 
     another project of higher priority in the program.
       ``(g) Funding.--Funds set aside under section 505 of this 
     title and section 5313(b) of title 49 shall be available to 
     carry out this section.
       ``(h) Continuation of Current Review Practice.--Since plans 
     and programs described in this section or section 134 are 
     subject to a reasonable opportunity for public comment, since 
     individual projects included in the plans and programs are 
     subject to review under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the 
     Secretary concerning plans and programs described in this 
     section have not been reviewed under that Act as of January 
     1, 1997, any decision by the Secretary concerning a plan or 
     program described in this section or section 134 shall not be 
     considered to be a Federal action subject to review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).''.
       (b) Redundant Metropolitan Transportation Planning 
     Requirements.--
       (1) Finding.--Congress finds that certain major investment 
     study requirements under section 450.318 of title 23, Code of 
     Federal Regulations, are redundant to the planning and 
     project development processes required under other provisions 
     in titles 23 and 49, United States Code.
       (2) Streamlining.--
       (A) In general.--The Secretary shall streamline the Federal 
     transportation planning and NEPA decision process 
     requirements for all transportation improvements supported 
     with Federal surface transportation funds or requiring 
     Federal approvals, with the objective of reducing the number 
     of documents required and better integrating required 
     analyses and findings wherever possible.
       (B) Requirements.--The Secretary shall amend regulations as 
     appropriate and develop procedures to--
       (i) eliminate, within six months of the date of enactment 
     of this section, the major investment study under section 
     450.318 of title 23, Code of Federal Regulations, as a stand-
     alone requirement independent of other transportation 
     planning requirements, and integrate those components of the 
     major investment study procedure which are not duplicated 
     elsewhere with other transportation planning requirements, 
     provided that in integrating such requirements, the Secretary 
     shall not apply such requirements to any project which 
     previously would not have been subject to section 450.318 of 
     title 23, Code of Federal Regulations;
       (ii) eliminate stand-alone report requirements wherever 
     possible;
       (iii) prevent duplication by drawing on the products of the 
     planning process in the completion of all environmental and 
     other project development analyses;
       (iv) reduce project development time by achieving to the 
     maximum extent practicable a single public interest decision 
     process for Federal environmental analyses and clearances; 
     and
       (v) expedite and support all phases of decisionmaking by 
     encouraging and facilitating the early involvement of 
     metropolitan planning organizations, State departments of 
     transportation, transit operators, and Federal and State 
     environmental resource and permit agencies throughout the 
     decisionmaking process.
       (3) Savings clause.--Nothing in this subsection shall 
     affect the responsibility of the Secretary to conform review 
     requirements for transit projects under the National 
     Environmental Policy Act of 1969 to comparable requirements 
     under such Act applicable to highway projects.

     SEC. 1603. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

       (a) Establishment.--The Secretary shall establish an 
     advanced travel forecasting procedures program--
       (1) to provide for completion of the advanced 
     transportation model developed under the Transportation 
     Analysis Simulation System (referred to in this section as 
     ``TRANSIMS''); and
       (2) to provide support for early deployment of the advanced 
     transportation modeling computer software and graphics 
     package developed under TRANSIMS and the program established 
     under this section to States, local governments, and 
     metropolitan planning organizations with responsibility for 
     travel modeling.
       (b) Eligible Activities.--The Secretary shall use funds 
     made available under this section to--
       (1) provide funding for completion of core development of 
     the advanced transportation model;
       (2) develop user-friendly advanced transportation modeling 
     computer software and graphics packages;
       (3) provide training and technical assistance with respect 
     to the implementation and application of the advanced 
     transportation model to States, local governments, and 
     metropolitan planning organizations with responsibility for 
     travel modeling; and
       (4) allocate funds to not more than 12 entities described 
     in paragraph (3), representing a diversity of populations and 
     geographic regions, for a pilot program to enable 
     transportation management areas designated under section 
     134(i) of title 23, United States Code, to convert from the 
     use of travel forecasting procedures in use by

[[Page S2039]]

     the areas as of the date of enactment of this Act to the use 
     of the advanced transportation model.
       (c) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section $4,000,000 for fiscal year 1998, $3,000,000 for 
     fiscal year 1999, $6,500,000 for fiscal year 2000, $5,000,000 
     for fiscal year 2001, $4,000,000 for fiscal year 2002, and 
     $2,500,000 for fiscal year 2003.
       (2) Allocation of funds.--
       (A) Fiscal years 1998 and 1999.--For each of fiscal years 
     1998 and 1999, 100 percent of the funds made available under 
     paragraph (1) shall be allocated to activities in described 
     in paragraphs (1), (2), and (3) of subsection (b).
       (B) Fiscal years 2000 through 2003.--For each of fiscal 
     years 2000 through 2003, not more than 50 percent of the 
     funds made available under paragraph (1) may be allocated to 
     activities described in subsection (b)(4).
       (3) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code, except that the Federal share 
     of the cost of--
       (A) any activity described in paragraph (1), (2), or (3) of 
     subsection (b) shall not exceed 100 percent; and
       (B) any activity described in subsection (b)(4) shall not 
     exceed 80 percent.

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

       (a) Establishment.--In cooperation with appropriate State, 
     regional, and local governments, the Secretary shall 
     establish a comprehensive initiative to investigate and 
     address the relationships between transportation and 
     community and system preservation.
       (b) Research.--
       (1) In general.--In cooperation with appropriate Federal 
     agencies, State, regional, and local governments, and other 
     entities eligible for assistance under subsection (d), the 
     Secretary shall carry out a comprehensive research program to 
     investigate the relationships between transportation, 
     community preservation, and the environment.
       (2) Required elements.--The program shall provide for 
     monitoring and analysis of projects carried out with funds 
     made available to carry out subsections (c) and (d).
       (c) Planning.--
       (1) In general.--The Secretary shall allocate funds made 
     available to carry out this subsection to States, 
     metropolitan planning organizations, and local governments to 
     plan, develop, and implement strategies to integrate 
     transportation and community and system preservation plans 
     and practices.
       (2) Purposes.--The purposes of the allocations shall be--
       (A) to improve the efficiency of the transportation system;
       (B) to reduce the impacts of transportation on the 
     environment;
       (C) to reduce the need for costly future investments in 
     public infrastructure; and
       (D) to provide efficient access to jobs, services, and 
     centers of trade.
       (3) Criteria.--In allocating funds made available to carry 
     out this subsection, the Secretary shall give priority to 
     applicants that--
       (A) propose projects for funding that address the purposes 
     described in paragraph (2);
       (B) demonstrate a commitment to public involvement, 
     including involvement of nontraditional partners in the 
     project team; and
       (C) demonstrate a commitment of non-Federal resources to 
     the proposed projects.
       (d) Allocation of Funds for Implementation.--
       (1) In general.--The Secretary shall allocate funds made 
     available to carry out this subsection to States, 
     metropolitan planning organizations, and local governments to 
     carry out projects to address transportation efficiency and 
     community and system preservation.
       (2) Criteria.--In allocating funds made available to carry 
     out this subsection, the Secretary shall give priority to 
     applicants that--
       (A) have instituted preservation or development plans and 
     programs that--
       (i) meet the requirements of title 23 and chapter 53 of 
     title 49, United States Code; and
       (ii) are--

       (I) coordinated with adopted preservation or development 
     plans; or
       (II) intended to promote cost-effective and strategic 
     investments in transportation infrastructure that minimize 
     adverse impacts on the environment;

       (B) have instituted other policies to integrate 
     transportation and community and system preservation 
     practices, such as--
       (i) spending policies that direct funds to high-growth 
     areas;
       (ii) urban growth boundaries to guide metropolitan 
     expansion;
       (iii) ``green corridors'' programs that provide access to 
     major highway corridors for areas targeted for efficient and 
     compact development; or
       (iv) other similar programs or policies as determined by 
     the Secretary;
       (C) have preservation or development policies that include 
     a mechanism for reducing potential impacts of transportation 
     activities on the environment; and
       (D) propose projects for funding that address the purposes 
     described in subsection (c)(2).
       (3) Equitable distribution.--In allocating funds to carry 
     out this subsection, the Secretary shall ensure the equitable 
     distribution of funds to a diversity of populations and 
     geographic regions.
       (4) Use of allocated funds.--
       (A) In general.--An allocation of funds made available to 
     carry out this subsection shall be used by the recipient to 
     implement the projects proposed in the application to the 
     Secretary.
       (B) Types of projects.--The allocation of funds shall be 
     available for obligation for--
       (i) any project eligible for funding under title 23 or 
     chapter 53 of title 49, United States Code; or
       (ii) any other activity relating to transportation and 
     community and system preservation that the Secretary 
     determines to be appropriate, including corridor preservation 
     activities that are necessary to implement--

       (I) transit-oriented development plans;
       (II) traffic calming measures; or
       (III) other coordinated transportation and community and 
     system preservation practices.

       (e) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section $20,000,000 for each of fiscal years 1998 
     through 2003.
       (2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
                   Subtitle G--Technical Corrections

     SEC. 1701. FEDERAL-AID SYSTEMS.

       (a) In General.--Section 103 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 103. Federal-aid systems

       ``(a) In General.--For the purposes of this title, the 
     Federal-aid systems are the Interstate System and the 
     National Highway System.
       ``(b) National Highway System.--
       ``(1) Description.--The National Highway System consists of 
     an interconnected system of major routes and connectors 
     that--
       ``(A) serve major population centers, international border 
     crossings, ports, airports, public transportation facilities, 
     and other intermodal transportation facilities and other 
     major travel destinations;
       ``(B) meet national defense requirements; and
       ``(C) serve interstate and interregional travel.
       ``(2) Components.--The National Highway System consists of 
     the following:
       ``(A) The Interstate System described in subsection (c).
       ``(B) Other urban and rural principal arterial routes.
       ``(C) Other connector highways (including toll facilities) 
     that provide motor vehicle access between arterial routes on 
     the National Highway System and a major intermodal 
     transportation facility.
       ``(D) A strategic highway network consisting of a network 
     of highways that are important to the United States strategic 
     defense policy and that provide defense access, continuity, 
     and emergency capabilities for the movement of personnel, 
     materials, and equipment in both peacetime and wartime. The 
     highways may be highways on or off the Interstate System and 
     shall be designated by the Secretary in consultation with 
     appropriate Federal agencies and the States.
       ``(E) Major strategic highway network connectors consisting 
     of highways that provide motor vehicle access between major 
     military installations and highways that are part of the 
     strategic highway network. The highways shall be designated 
     by the Secretary in consultation with appropriate Federal 
     agencies and the States.
       ``(3) Maximum mileage.--The mileage of highways on the 
     National Highway System shall not exceed 178,250 miles.
       ``(4) Modifications to nhs.--
       ``(A) In general.--The Secretary may make any modification, 
     including any modification consisting of a connector to a 
     major intermodal terminal, to the National Highway System 
     that is proposed by a State or that is proposed by a State 
     and revised by the Secretary if the Secretary determines that 
     the modification--
       ``(i) meets the criteria established for the National 
     Highway System under this title; and
       ``(ii) enhances the national transportation characteristics 
     of the National Highway System.
       ``(B) Cooperation.--
       ``(i) In general.--In proposing a modification under this 
     paragraph, a State shall cooperate with local and regional 
     officials.
       ``(ii) Urbanized areas.--In an urbanized area, the local 
     officials shall act through the metropolitan planning 
     organization designated for the area under section 134.
       ``(c) Interstate System.--
       ``(1) Description.--
       ``(A) In general.--The Dwight D. Eisenhower National System 
     of Interstate and Defense Highways within the United States 
     (including the District of Columbia and Puerto Rico), 
     consists of highways--
       ``(i) designed--

       ``(I) in accordance with the standards of section 109(b); 
     or
       ``(II) in the case of highways in Alaska and Puerto Rico, 
     in accordance with such geometric and construction standards 
     as are adequate for current and probable future traffic 
     demands and the needs of the locality of the highway; and

       ``(ii) located so as--

       ``(I) to connect by routes, as direct as practicable, the 
     principal metropolitan areas, cities, and industrial centers;
       ``(II) to serve the national defense; and
       ``(III) to the maximum extent practicable, to connect at 
     suitable border points with routes of continental importance 
     in Canada and Mexico.

       ``(B) Selection of routes.--To the maximum extent 
     practicable, each route of the Interstate System shall be 
     selected by joint action of the State transportation 
     departments of the State in which the route is located and 
     the adjoining States, in cooperation with local and regional 
     officials, and subject to the approval of the Secretary.

[[Page S2040]]

       ``(2) Maximum mileage.--The mileage of highways on the 
     Interstate System shall not exceed 43,000 miles, exclusive of 
     designations under paragraph (4).
       ``(3) Modifications.--The Secretary may approve or require 
     modifications to the Interstate System in a manner consistent 
     with the policies and procedures established under this 
     subsection.
       ``(4) Interstate system designations.--
       ``(A) Additions.--If the Secretary determines that a 
     highway on the National Highway System meets all standards of 
     a highway on the Interstate System and that the highway is a 
     logical addition or connection to the Interstate System, the 
     Secretary may, upon the affirmative recommendation of the 
     State or States in which the highway is located, designate 
     the highway as a route on the Interstate System.
       ``(B) Designations as future interstate system routes.--
       ``(i) In general.--If the Secretary determines that a 
     highway on the National Highway System would be a logical 
     addition or connection to the Interstate System and would 
     qualify for designation as a route on the Interstate System 
     under subparagraph (A), the Secretary may, upon the 
     affirmative recommendation of the State or States in which 
     the highway is located, designate the highway as a future 
     Interstate System route.
       ``(ii) Written agreement of states.--A designation under 
     clause (i) shall be made only upon the written agreement of 
     the State or States described in that clause that the highway 
     will be constructed to meet all standards of a highway on the 
     Interstate System by the date that is 12 years after the date 
     of the agreement.
       ``(iii) Removal of designation.--

       ``(I) In general.--If the State or States described in 
     clause (i) have not substantially completed the construction 
     of a highway designated under this subparagraph within the 
     time provided for in the agreement between the Secretary and 
     the State or States under clause (ii), the Secretary shall 
     remove the designation of the highway as a future Interstate 
     System route.
       ``(II) Effect of removal.--Removal of the designation of a 
     highway under subclause (I) shall not preclude the Secretary 
     from designating the highway as a route on the Interstate 
     System under subparagraph (A) or under any other provision of 
     law providing for addition to the Interstate System.

       ``(iv) Prohibition on referral as interstate system 
     route.--No law, rule, regulation, map, document, or other 
     record of the United States, or of any State or political 
     subdivision of a State, shall refer to any highway designated 
     as a future Interstate System route under this subparagraph, 
     nor shall any such highway be signed or marked, as a highway 
     on the Interstate System until such time as the highway is 
     constructed to the geometric and construction standards for 
     the Interstate System and has been designated as a route on 
     the Interstate System.
       ``(C) Financial responsibility.--
       ``(i) In general.--Except as provided in clause (ii), the 
     designation of a highway under this paragraph shall create no 
     additional Federal financial responsibility with respect to 
     the highway.
       ``(ii) Certain highways.--Subject to section 119(b)(1)(B), 
     a State may use funds available to the State under section 
     104(b)(1) for the resurfacing, restoration, rehabilitation, 
     and reconstruction of a highway--

       ``(I) designated before March 9, 1984, as a route on the 
     Interstate System under subparagraph (A) or as a future 
     Interstate System route under subparagraph (B); or
       ``(II) designated under subparagraph (A) and located in 
     Alaska or Puerto Rico.

       ``(d) Transfer of Interstate Construction Funds.--
       ``(1) Interstate construction funds not in surplus.--
       ``(A) In general.--Upon application by a State and approval 
     by the Secretary, the Secretary may transfer to the 
     apportionment of the State under section 104(b)(1) any amount 
     of funds apportioned to the State under section 104(b)(5)(A) 
     (as in effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1998), if 
     the amount does not exceed the Federal share of the costs of 
     construction of segments of the Interstate System in the 
     State included in the most recent Interstate System cost 
     estimate.
       ``(B) Effect of transfer.--Upon transfer of an amount under 
     subparagraph (A), the construction on which the amount is 
     based, as included in the most recent Interstate System cost 
     estimate, shall be ineligible for funding under section 
     104(b)(5)(A) (as in effect on the day before the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998) or 104(k).
       ``(2) Surplus interstate construction funds.--Upon 
     application by a State and approval by the Secretary, the 
     Secretary may transfer to the apportionment of the State 
     under section 104(b)(1) any amount of surplus funds 
     apportioned to the State under section 104(b)(5)(A) (as in 
     effect on the day before the date of enactment of the 
     Intermodal Surface Transportation Efficiency Act of 1998), if 
     the State has fully financed all work eligible under the most 
     recent Interstate System cost estimate.
       ``(3) Applicability of certain laws.--Funds transferred 
     under this subsection shall be subject to the laws (including 
     regulations, policies, and procedures) relating to the 
     apportionment to which the funds are transferred.
       ``(e) Unobligated Balances of Interstate Substitute 
     Funds.--Unobligated balances of funds apportioned to a State 
     under section 103(e)(4)(H) (as in effect on the day before 
     the date of enactment of the Intermodal Surface 
     Transportation Efficiency Act of 1998) shall be available for 
     obligation by the State under the law (including regulations, 
     policies, and procedures) relating to the obligation and 
     expenditure of the funds in effect on that date.''.
       (b) Conforming Amendments.--
       (1)(A) Section 101(a) of title 23, United States Code, is 
     amended in the undesignated paragraph defining ``Interstate 
     System'' by striking ``subsection (e) of section 103 of this 
     title'' and inserting ``section 103(c)''.
       (B) Section 104(f)(1) of title 23, United States Code, is 
     amended by striking ``, except that'' and all that follows 
     through ``programs''.
       (C) Section 115(a) of title 23, United States Code, is 
     amended--
       (i) in the subsection heading, by striking ``Substitute,''; 
     and
       (ii) in paragraph (1)(A)(i), by striking ``103(e)(4)(H),'';
       (D) Section 118 of title 23, United States Code (as amended 
     by section 1118(b)), is amended--
       (i) by striking subsection (d); and
       (ii) by redesignating subsections (e), (f), and (g) (as 
     added by section 1103(d)) as subsections (c), (d), and (e), 
     respectively.
       (E) Section 129(b) of title 23, United States Code, is 
     amended in the first sentence by striking ``which has been'' 
     and all that follows through ``and has not'' and inserting 
     ``which is a public road and has not''.
       (2)(A) Section 139 of title 23, United States Code, is 
     repealed.
       (B) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     139.
       (C) Section 119(a) of title 23, United States Code, is 
     amended in the first sentence--
       (i) by striking ``sections 103 and 139(c) of this title'' 
     and inserting ``section 103(c)(1) and, in Alaska and Puerto 
     Rico, under section 103(c)(4)(A)''; and
       (ii) by striking ``section 139 (a) and (b) of this title'' 
     and inserting ``subparagraphs (A) and (B) of section 
     103(c)(4)''.
       (D) Section 127(f) of title 23, United States Code, is 
     amended by striking ``section 139(a)'' and inserting 
     ``section 103(c)(4)(A)''.
       (E) Section 1105(e)(5) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (109 Stat. 597) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Treatment of segments.--Subject to subparagraph (C), 
     segments designated as parts of the Interstate System under 
     this paragraph shall be treated in the same manner as 
     segments designated under section 103(c)(4)(A) of title 23, 
     United States Code.''.

     SEC. 1702. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) Definitions and Declaration of Policy.--
       (1) Creation of policy section.--Section 102 of title 23, 
     United States Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 102. Declaration of policy'';

       (B) by redesignating subsection (a) as subsection (c) and 
     moving that subsection to the end of section 146; and
       (C) by redesignating subsection (b) as subsection (f) and 
     moving that subsection to the end of section 118 (as amended 
     by section 1701(b)(1)(D)(ii)).
       (2) Transfer of policy provisions.--Section 101 of title 
     23, United States Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 101. Definitions'';

       (B) in subsection (a), by striking ``(a)'';
       (C) by striking subsection (b); and
       (D) by redesignating subsections (c) through (e) as 
     subsections (a) through (c), respectively, and moving those 
     subsections to section 102 (as amended by paragraph (1)).
       (3) Conforming amendments.--
       (A) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the items relating to sections 
     101 and 102 and inserting the following:

``101. Definitions.
``102. Declaration of policy.''.

       (B) Section 47107(j)(1)(B) of title 49, United States Code, 
     is amended by striking ``section 101(a)'' and inserting 
     ``section 101''.
       (b) Advance Construction.--Section 115 of title 23, United 
     States Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``Projects'' and all that follows through 
     ``When a State'' and inserting ``Projects.--When a State'';
       (B) by striking paragraphs (2) and (3); and
       (C) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately;
       (2) by striking subsection (c);
       (3) in subsection (d), by striking ``section 135(f)'' and 
     inserting ``section 135''; and
       (4) by redesignating subsection (d) as subsection (c).
       (c) Maintenance.--Section 116 of title 23, United States 
     Code, is amended--
       (1) in subsection (a), by striking the second sentence;
       (2) by striking subsection (b);
       (3) in subsection (c)--
       (A) in the first sentence, by striking ``he'' and inserting 
     ``the Secretary''; and
       (B) in the second sentence, by striking ``further 
     projects'' and inserting ``further expenditure of Federal-aid 
     highway funds''; and
       (4) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
       (d) Interstate Maintenance Program.--Section 119(a) of 
     title 23, United States Code, is amended in the first 
     sentence by striking ``the date of enactment of this 
     sentence'' and inserting ``March 9, 1984''.
       (e) Advances to States.--Section 124 of title 23, United 
     States Code, is amended--
       (1) by striking ``(a)''; and
       (2) by striking subsection (b).
       (f) Diversion.--
       (1) In general.--Section 126 of title 23, United States 
     Code, is repealed.

[[Page S2041]]

       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 126.
       (g) Railway-Highway Crossings.--Section 130(f) of title 23, 
     United States Code, is amended by striking ``Apportionment'' 
     and all that follows through the first sentence and inserting 
     ``Federal Share.--''.
       (h) Surface Transportation Program.--Section 133(a) of 
     title 23, United States Code, is amended by striking 
     ``Establishment.--The Secretary shall establish'' and 
     inserting ``In General.--The Secretary shall carry out''.
       (i) Control of Junkyards.--Section 136 of title 23, United 
     States Code, is amended by striking subsection (m) and 
     inserting the following:
       ``(m) Primary System Defined.--For purposes of this 
     section, the term `primary system' means the Federal-aid 
     primary system in existence on June 1, 1991, and any highway 
     which is not on such system but which is on the National 
     Highway System.''.
       (j) Fringe and Corridor Parking Facilities.--Section 137(a) 
     of title 23, United States Code, is amended in the first 
     sentence by striking ``on the Federal-aid urban system'' and 
     inserting ``on a Federal-aid highway''.
       (k) Nondiscrimination.--Section 140 of title 23, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``subsection (a) of 
     section 105 of this title,'' and inserting ``section 
     106(a),'';
       (B) by striking ``he'' each place it appears and inserting 
     ``the Secretary'';
       (C) in the second sentence, by striking ``He'' and 
     inserting ``The Secretary'';
       (D) in the third sentence, by striking ``In approving 
     programs for projects on any of the Federal-aid systems,'' 
     and inserting ``Before approving any project under section 
     106(a),''; and
       (E) in the last sentence, by striking ``him'' and inserting 
     ``the Secretary'';
       (2) by striking subsection (b);
       (3) in the subsection heading of subsection (d), by 
     striking ``and Contracting''; and
       (4) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
       (l) Public Transportation.--Section 142(a)(2) of title 23, 
     United States Code, is amended by striking ``the the'' and 
     inserting ``the''.
       (m) Priority Primary Routes.--
       (1) In general.--Section 147 of title 23, United States 
     Code, is repealed.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 147.
       (n) Development of a National Scenic and Recreational 
     Highway.--
       (1) In general.--Section 148 of title 23, United States 
     Code, is repealed.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 148.
       (o) Hazard Elimination Program.--Section 152(e) of title 
     23, United States Code, is amended by striking ``apportioned 
     to'' in the first sentence and all that follows through 
     ``shall be'' in the second sentence.
       (p) Access Highways to Public Recreation Areas on Certain 
     Lakes.--
       (1) In general.--Section 155 of title 23, United States 
     Code, is repealed.
       (2) Conforming amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 155.

     SEC. 1703. NONDISCRIMINATION.

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

     SEC. 1704. STATE TRANSPORTATION DEPARTMENT.

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

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

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

     SEC. 1802. 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''.

     SEC. 1803. SENSE OF SENATE CONCERNING THE OPERATION OF 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;
       (B) the difficulty in making lane changes; and
       (C) 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.

     SEC. 1804. INTERNATIONAL BRIDGE, SAULT STE. MARIE, MICHIGAN.

       The International Bridge Authority, or its successor 
     organization, shall be permitted to continue collecting tolls 
     for maintenance of, operation of, capital improvements to, 
     and future expansions to the International Bridge, Sault Ste. 
     Marie, Michigan, and its approaches, plaza areas, and 
     associated structures.

     SEC. 1805. AMENDMENT TO NATIONAL TRAILS SYSTEM ACT.

       Section 8(d) of the National Trails System Act (43 U.S.C. 
     1247(d)) is amended--
       (1) by striking ``The'' and inserting in lieu thereof ``(1) 
     The'';
       (2) by adding at the end thereof the following new 
     paragraphs:
       ``(2) Consistent with the terms and conditions imposed 
     under paragraph (1), the Surface Transportation Board shall 
     approve a proposal for interim trail use of a railroad right-
     of-way unless--

[[Page S2042]]

       ``(A) at least half of the units of local government 
     located within the rail corridor for which the interim trail 
     use is proposed pass a resolution opposing the proposed trail 
     use; and
       ``(B) the resolution is transmitted to the Surface 
     Transportation Board within the applicable time requirements 
     for rail line abandonment proceedings.
       ``(3) The limitation in paragraph (2) shall not apply if a 
     State has assumed responsibility for the management of such 
     right-of-way.''.

     SEC. 1806. AMENDMENTS TO TITLE 23.

       (a) Section 144 of title 23, United States Code, is 
     amended--
       (1) in each of subsections (d) and (g)(3) by inserting 
     after ``magnesium acetate'' the following: ``or 
     agriculturally derived, environmentally acceptable, minimally 
     corrosive anti-icing and de-icing compositions''; and
       (2) in subsection (d) by inserting ``or such anti-icing or 
     de-icing composition'' after ``such acetate''.
       (b) Section 133(b)(1) of title 23, United States Code, is 
     amended by inserting after ``magnesium acetate'' the 
     following: ``or agriculturally derived, environmentally 
     acceptable, minimally corrosive anti-icing and de-icing 
     compositions''.

     SEC. 1807. LIMITATIONS.

       (a) Prohibition on Lobbying Activities.--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) Testifying.--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.

     SEC. 1808. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO 
                   NONAMTRAK STATES.

       (a) In General.--Section 977(e)(1)(B) of the Taxpayer 
     Relief Act of 1997 (defining qualified expenses) is amended--
       (1) by striking ``and'' at the end of clause (iii) and all 
     that follows through ``clauses (i) and (iv).'', and
       (2) by adding after clause (iii) the following:
       ``(iv) capital expenditures related to State-owned rail 
     operations in the State,
       ``(v) any project that is eligible to receive funding under 
     section 5309, 5310, or 5311 of title 49, United States Code,
       ``(vi) any project that is eligible to receive funding 
     under section 130 or 152 of title 23, United States Code,
       ``(vii) the upgrading and maintenance of intercity primary 
     and rural air service facilities, and the purchase of 
     intercity air service between primary and rural airports and 
     regional hubs,
       ``(viii) the provision of passenger ferryboat service 
     within the State, and
       ``(ix) the payment of interest and principal on obligations 
     incurred for such acquisition, upgrading, maintenance, 
     purchase, expenditures, provision, and projects.''
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     977 of the Taxpayer Relief Act of 1997.

     SEC. 1809. CONTINUANCE OF COMMERCIAL OPERATIONS AT CERTAIN 
                   SERVICE PLAZAS IN THE STATE OF MARYLAND.

       (a) Waiver.--Notwithstanding section 111 of title 23, 
     United States Code, and the agreements described in 
     subsection (b), at the request of the Maryland Transportation 
     Authority, the Secretary shall allow the continuance of 
     commercial operations at the service plazas on the John F. 
     Kennedy Memorial Highway on Interstate Route 95.
       (b) Agreements.--The agreements referred to in subsection 
     (a) are agreements between the Department of Transportation 
     of the State of Maryland and the Federal Highway 
     Administration concerning the highway described in subsection 
     (a).

     SEC. 1810. PENNSYLVANIA STATION REDEVELOPMENT CORPORATION 
                   BOARD OF DIRECTORS.

       Section 1069(gg) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2011) is amended by adding 
     at the end the following: ``(3) In furtherance of the 
     redevelopment of the James A. Farley Post Office Building in 
     the city of New York, New York, into an intermodal 
     transportation facility and commercial center, the Secretary 
     of Transportation, the Federal Railroad Administrator, and 
     their designees are authorized to serve as ex officio members 
     of the Board of Directors of the Pennsylvania Station 
     Redevelopment Corporation.

     SEC. 1811. UNION STATION REDEVELOPMENT CORPORATION BOARD OF 
                   DIRECTORS.

       Subchapter I of chapter 18 of title 40 of the United States 
     Code is amended by adding a new section at the end thereof as 
     follows:

     ``Sec. 820. Union Station Redevelopment Corporation

       ``To further the rehabilitation, redevelopment and 
     operation of the Union Station complex, the Secretary of 
     Transportation, the Federal Railroad Administrator, and their 
     designees are authorized to serve as ex officio members of 
     the Board of Directors of the Union Station Redevelopment 
     Corporation.''.

     SEC. 1812. ADDITIONS TO APPALACHIAN REGION.

       Section 403 of the Appalachian Regional Development Act of 
     1965 (40 U.S.C. App.) is amended--
       (1) in the undesignated paragraph relating to Alabama, by 
     inserting ``Hale,'' after ``Franklin,'';
       (2) in the undesignated paragraph relating to Georgia--
       (A) by inserting ``Elbert,'' after ``Douglas,''; and
       (B) by inserting ``Hart,'' after ``Haralson,'';
       (3) in the undesignated paragraph relating to Mississippi, 
     by striking ``and Winston'' and inserting ``Winston, and 
     Yalobusha''; and
       (4) in the undesignated paragraph relating to Virginia--
       (A) by inserting ``Montgomery,'' after ``Lee,''; and
       (B) by inserting ``Rockbridge,'' after ``Pulaski,''.

     SEC. 1813. SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE 
                   ASSESSMENT.

       (a) In General.--The Secretary shall conduct a 
     comprehensive assessment of the state of the transportation 
     infrastructure on the southwest border between the United 
     States and Mexico (referred to in this section as the 
     ``border'').
       (b) Consultation.--In carrying out subsection (a), the 
     Secretary shall consult with--
       (1) the Secretary of State;
       (2) the Attorney General;
       (3) the Secretary of the Treasury;
       (4) the Commandant of the Coast Guard;
       (5) the Administrator of General Services;
       (6) the American Commissioner on the International Boundary 
     Commission, United States and Mexico;
       (7) State agencies responsible for transportation and law 
     enforcement in border States; and
       (8) municipal governments and transportation authorities in 
     sister cities in the border area.
       (c) Requirements.--In carrying out the assessment, the 
     Secretary shall--
       (1) assess--
       (A) the flow of commercial and private traffic through 
     designated ports of entry on the border;
       (B) the adequacy of transportation infrastructure in the 
     border area, including highways, bridges, railway lines, and 
     border inspection facilities;
       (C) the adequacy of law enforcement and narcotics abatement 
     activities in the border area, as the activities relate to 
     commercial and private traffic; and
       (D) future demands on transportation infrastructure in the 
     border area; and
       (2) make recommendations to facilitate legitimate cross-
     border traffic in the border area, while maintaining the 
     integrity of the border.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the assessment conducted under this section, 
     including any related legislative and administrative 
     recommendations.

     SEC. 1814. MODIFICATION OF HIGH PRIORITY CORRIDOR.

       Section 1105(c)(18) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032) is 
     amended--
       (1) by striking ``(18) Corridor from Indianapolis,'' and 
     inserting the following:
       ``(18)(A) Corridor from Sarnia, Ontario, Canada, through 
     Port Huron, Michigan, southwesterly along Interstate Route 69 
     through Indianapolis,''; and
       (2) by adding at the end the following:
       ``(B) Corridor from Sarnia, Ontario, Canada, southwesterly 
     along Interstate Route 94 to the Ambassador Bridge 
     interchange in Detroit, Michigan.
       ``(C) Corridor from Windsor, Ontario, Canada, through 
     Detroit, Michigan, westerly along Interstate Route 94 to 
     Chicago, Illinois.''.

     SEC. 1815. DESIGNATION OF CORRIDORS IN MISSISSIPPI AND 
                   ALABAMA AS ROUTES ON THE INTERSTATE SYSTEM.

       (a) In General.--
       (1) Designation.--Subject to subsection (b)(2), 
     notwithstanding section 103(c) of title 23, United States 
     Code, the segments described in paragraph (2) are designated 
     as routes on the Interstate System.
       (2) Segments.--The segments referred to in paragraph (1) 
     are--
       (A) the portion of Corridor V of the Appalachian 
     development highway system from Interstate Route 55 near 
     Batesville, Mississippi, to the intersection with Corridor X 
     of the Appalachian development highway system near Fulton, 
     Mississippi; and
       (B) the portion of Corridor X of the Appalachian 
     development highway system from near Fulton, Mississippi, to 
     the intersection with Interstate Route 65 near Birmingham, 
     Alabama.
       (b) Substandard Features.--
       (1) Upgrading.--Each portion of the segments described in 
     subsection (a)(2) that does not substantially meet the 
     Interstate System design standards under section 109(b) of 
     title 23, United States Code, in effect on the date of 
     enactment of this Act shall be upgraded in accordance with 
     plans and schedules developed by the applicable State.
       (2) Designation.--Each portion of the segments described in 
     subsection (a)(2) that on the date of enactment of this Act 
     does not meet the Interstate System design standards under 
     section 109(b) of that title and does not connect to a 
     segment of the Interstate System shall--
       (A) be designated as a future Interstate System route; and
       (B) become part of the Interstate System at such time as 
     the Secretary determines that the portion of the segment--
       (i) meets the Interstate System design standards; and
       (ii) connects to another segment of the Interstate System.
       (c) Treatment of Routes.--
       (1) Mileage limitation.--The mileage of the routes on the 
     Interstate System designated under subsection (a) shall not 
     be charged against the limitation established by section 
     103(c)(2) of title 23, United States Code.
       (2) Federal financial responsibility.--
       (A) In general.--Subject to subparagraph (B), the 
     designation of the routes on the Interstate System under 
     subsection (a) shall not create increased Federal financial 
     responsibility with respect to the designated segments.

[[Page S2043]]

       (B) Use of certain funds.--A State may use funds available 
     to the State under paragraphs (1)(C) and (3) of section 
     104(b) of title 23, United States Code, to eliminate 
     substandard features of, and to resurface, restore, 
     rehabilitate, or reconstruct, any portion of the designated 
     segments.
       (3) Eligibility for other funding.--(A) This section shall 
     not affect the amount of funding that a State shall be 
     entitled to receive under any other section of this Act or 
     under any other law.
       (B) Effect of provision.--Nothing in this section shall 
     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 
     from the Appalachian Development Highway System under this 
     Act or any other Act.

     SEC. 1816. REAUTHORIZATION OF FERRY AND FERRY TERMINAL 
                   PROGRAM.

       (a) Section 1064(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is 
     amended by striking ``$14,000,000'' and all that follows 
     through ``this section'' and inserting in lieu thereof 
     ``$30,000,000 for fiscal year 1998, $25,000,000 for fiscal 
     year 1999, $25,000,000 for fiscal year 2000, $30,000,000 for 
     fiscal year 2001, $35,000,000 for fiscal year 2002, and 
     $35,000,000 for fiscal year 2003 in carrying out this 
     section, at least $12,000,000 of which in each such fiscal 
     year shall be obligated for the construction of ferry boats, 
     terminal facilities and approaches to such facilities within 
     marine highway systems that are part of the National Highway 
     System''.
       (b) In addition to the obligation authority provided in 
     subsection (a), there are authorized to be appropriated 
     $20,000,000 in each of fiscal years 1999, 2000, 2001, 2002, 
     and 2003 for the ferry boat and ferry terminal facility 
     program under section 1064 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 129 note).

     SEC. 1817. REPORT ON UTILIZATION POTENTIAL.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study of ferry transportation in the United States and its 
     possessions--
       (1) to identify existing ferry operations, including--
       (A) the locations and routes served;
       (B) the name, United States official number, and a 
     description of each vessel operated as a ferry;
       (C) the source and amount, if any, of funds derived from 
     Federal, State, or local government sources supporting ferry 
     construction or operations;
       (D) the impact of ferry transportation on local and 
     regional economies; and
       (E) the potential for use of high-speed ferry services.
       (2) identify potential domestic ferry routes in the United 
     States and its possessions and to develop information on 
     those routes, including--
       (A) locations and routes that might be served;
       (B) estimates of capacity required;
       (C) estimates of capital costs of developing these routes;
       (D) estimates of annual operating costs for these routes;
       (E) estimates of the economic impact of these routes on 
     local and regional economies; and
       (F) the potential for use of high-speed ferry services.
       (b) Report.--The Secretary shall report the results of the 
     study under subsection (a) within one year after the date of 
     enactment of this Act to the Committee on Commerce, Science, 
     and Transportation of the United States Senate and the 
     Committee on Transportation and Infrastructure of the United 
     States House of Representatives.
       (c) Findings.--After reporting the results of the study 
     required by paragraph (b), the Secretary of Transportation 
     shall meet with the relevant State and municipal planning 
     organizations to discuss the results of the study and the 
     availability of resources, both Federal and State, for 
     providing marine ferry service.
                   TITLE II--RESEARCH AND TECHNOLOGY
                   Subtitle A--Research and Training

     SEC. 2001. STRATEGIC RESEARCH PLAN.

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

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

                 ``CHAPTER 52--RESEARCH AND DEVELOPMENT

``Sec.
``5201. Definitions.

         ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS

``5211. Transactional authority.

                  ``SUBCHAPTER II--STRATEGIC PLANNING

``5221. Strategic planning.
``5222. Authorization of contract authority.

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

``5231. Multimodal Transportation Research and Development Program.
``5232. Authorization of contract authority.

      ``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS

``5241. National university transportation centers.

     ``Sec. 5201. Definitions

       ``In this chapter:
       ``(1) Department.--The term `Department' means the 
     Department of Transportation.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

         ``SUBCHAPTER I--GENERAL AND ADMINISTRATIVE PROVISIONS

     ``Sec. 5211. Transactional authority

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

                  ``SUBCHAPTER II--STRATEGIC PLANNING

     ``Sec. 5221. Strategic planning

       ``(a) Authority.--The Secretary shall establish a strategic 
     planning process to--
       ``(1) determine national transportation research, 
     development, and technology deployment priorities, 
     strategies, and milestones over the next 5 years;
       ``(2) coordinate Federal transportation research, 
     development, and technology deployment activities; and
       ``(3) measure the impact of the research, development, and 
     technology investments described in paragraph (2) on the 
     performance of the transportation system of the United 
     States.
       ``(b) Criteria.--In developing strategic plans for 
     intermodal, multimodal, and mode-specific research, 
     development, and technology deployment, the Secretary shall 
     consider the need to--
       ``(1) coordinate and integrate Federal, regional, State, 
     and metropolitan planning research, development, and 
     technology activities in urban and rural areas;
       ``(2) promote standards that facilitate a seamless and 
     interoperable transportation system;
       ``(3) encourage innovation;
       ``(4) identify and facilitate initiatives and partnerships 
     to deploy technology with the potential for improving 
     transportation systems during the next 5-year and 10-year 
     periods;
       ``(5) identify core research to support the long-term 
     transportation technology and system needs of urban and rural 
     areas of the United States, including safety;
       ``(6) ensure the ability of the United States to compete on 
     a global basis; and
       ``(7) provide a means of assessing the impact of Federal 
     research and technology investments on the performance of the 
     transportation system of the United States.
       ``(c) Implementation.--
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary shall adopt such policies and procedures as are 
     appropriate--
       ``(A) to provide for integrated planning, coordination, and 
     consultation among the Administrators of the operating 
     administrations of the Department and other Federal officials 
     with responsibility for research, development, and technology 
     transfer important to national transportation needs;
       ``(B) to promote the exchange of information on 
     transportation-related research and development activities 
     among the operating elements of the Department, other Federal 
     departments and agencies, Federal laboratories, State and 
     local governments, colleges and universities, industry, and 
     other private and public sector organizations engaged in the 
     activities;
       ``(C) to ensure that the research and development programs 
     of the Department do not duplicate other Federal and, to the 
     maximum extent practicable, private sector research and 
     development programs; and
       ``(D) to ensure that the research and development 
     activities of the Department--
       ``(i) make appropriate use of the talents, skills, and 
     abilities at the Federal laboratories; and
       ``(ii) leverage, to the maximum extent practicable, the 
     research, development, and technology transfer capabilities 
     of institutions of higher education and private industry.
       ``(2) Consultation.--The procedures and policies adopted 
     under paragraph (1) shall include consultation with State 
     officials and members of the private sector.
       ``(d) Reports.--
       ``(1) In general.--Concurrent with the submission to 
     Congress of the budget of the President for each fiscal year, 
     the Secretary shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the strategic plans, goals, and 
     milestones developed under subsections (a) and (b) to help 
     guide research, development, and technology transfer 
     activities during the 5-year period beginning on the date of 
     the report.
       ``(2) Comparison to previous report.--The report shall 
     include a delineation of the progress made with respect to 
     each of the plans, goals, and milestones specified in the 
     previous report.
       ``(3) Prohibition on obligation for failure to submit 
     report.--Beginning on the date of the submission to Congress 
     of the budget of the President for fiscal year 2000, and on 
     the date of the submission for each fiscal year thereafter, 
     none of the funds made available under this chapter or 
     chapter 5 of title 23 may be obligated until the report 
     required under paragraph (1) for that fiscal year is 
     submitted.

     ``Sec. 5222. Authorization of contract authority

       ``(a) In General.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this subchapter $1,500,000 for each of fiscal years 
     1998 through 2003.
       ``(b) Contract Authority.--Funds authorized under this 
     section shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1 of title 23, 
     except that--
       ``(1) any Federal share of the cost of an activity under 
     this subchapter shall be determined in accordance with this 
     subchapter; and

[[Page S2044]]

       ``(2) the funds shall remain available for obligation for a 
     period of 2 years after the last day of the fiscal year for 
     which the funds are authorized.
       ``(c) Use of Unallocated Funds.--To the extent that the 
     amounts made available for any fiscal year under subsection 
     (a) exceed the amounts used to carry out section 5221 for the 
     fiscal year, the excess amounts--
       ``(1) shall be apportioned in accordance with section 
     104(b)(3) of title 23;
       ``(2) shall be considered to be sums made available for 
     expenditure on the surface transportation program, except 
     that the amounts shall not be subject to section 133(d) of 
     that title; and
       ``(3) shall be available for any purpose eligible for 
     funding under section 133 of that title.''.

     SEC. 2002. MULTIMODAL TRANSPORTATION RESEARCH AND DEVELOPMENT 
                   PROGRAM.

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

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

     ``Sec. 5231. Multimodal Transportation Research and 
       Development Program

       ``(a) Establishment.--The Secretary shall establish a 
     program to be known as the `Multimodal Transportation 
     Research and Development Program'.
       ``(b) Purposes.--The purposes of the Multimodal 
     Transportation Research and Development Program are to--
       ``(1) enhance the capabilities of Federal agencies to meet 
     national transportation needs, as defined by the missions of 
     the agencies, through support for long-term and applied 
     research and development that would benefit the various modes 
     of transportation, including research and development in 
     safety, security, mobility, energy and the environment, 
     information and physical infrastructure, and industrial 
     design;
       ``(2) identify and apply innovative research performed by 
     the Federal Government, Federal laboratories, academia, and 
     the private sector to the intermodal and multimodal 
     transportation research, development, and deployment needs of 
     the Department and the transportation enterprise of the 
     United States;
       ``(3) identify and leverage research, technologies, and 
     other information developed by the Federal Government for 
     national defense and nondefense purposes for the benefit of 
     the public, commercial, and defense transportation sectors; 
     and
       ``(4) share information and analytical and research 
     capabilities among the Federal Government, State and local 
     governments, colleges and universities, and private 
     organizations to advance their ability to meet their 
     transportation research, development, and deployment needs.
       ``(c) Process for Consultation.--To advise the Secretary in 
     establishing priorities within the Program, the Secretary 
     shall establish a process for consultation among the 
     Administrators of the operating administrations of the 
     Department and other Federal officials with responsibility 
     for research.

     ``Sec. 5232. Authorization of contract authority

       ``(a) In General.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this subchapter $2,500,000 for each of fiscal years 
     1998 through 2003.
       ``(b) Contract Authority.--Funds authorized under this 
     section shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1 of title 23, 
     except that--
       ``(1) any Federal share of the cost of an activity under 
     this subchapter shall be determined in accordance with this 
     subchapter; and
       ``(2) the funds shall remain available for obligation for a 
     period of 2 years after the last day of the fiscal year for 
     which the funds are authorized.''.

     SEC. 2003. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

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

      ``SUBCHAPTER IV--NATIONAL UNIVERSITY TRANSPORTATION CENTERS

     ``Sec. 5241. National university transportation centers

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

[[Page S2045]]

     $12,000,000 for each of fiscal years 1998 through 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be made available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, except that the Federal share of the cost of a 
     project under this section shall be determined in accordance 
     with this section.
       ``(3) Technology transfer activities.--For each fiscal 
     year, not less than 5 percent of the amounts made available 
     to carry out this section shall be available to carry out 
     technology transfer activities.
       ``(i) Limitation on Availability of Funds.--Funds 
     authorized under this section shall remain available for 
     obligation for a period of 2 years after the last day of the 
     fiscal year for which the funds are authorized.''.
       (b) Conforming Amendments.--
       (1) Sections 5316 and 5317 of title 49, United States Code, 
     are repealed.
       (2) The analysis for chapter 53 of title 49, United States 
     Code, is amended by striking the items relating to sections 
     5316 and 5317.

     SEC. 2004. BUREAU OF TRANSPORTATION STATISTICS.

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

[[Page S2046]]

       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $26,000,000 for fiscal year 1998, 
     $27,000,000 for fiscal year 1999, $28,000,000 for fiscal year 
     2000, $29,000,000 for fiscal year 2001, $30,000,000 for 
     fiscal year 2002, and $31,000,000 for fiscal year 2003, 
     except that not more than $500,000 for each fiscal year may 
     be made available to carry out subsection (g).
       ``(2) Availability.--Funds authorized under this subsection 
     shall remain available for a period of 3 years after the last 
     day of the fiscal year for which the funds are authorized.
       ``(3) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23.''.
       (b) Conforming Amendments.--Section 5503 of title 49, 
     United States Code, is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), and (g) as 
     subsections (d), (e), and (f), respectively.

     SEC. 2005. RESEARCH AND TECHNOLOGY PROGRAM.

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

``5. Research and Technology.................................501'';....

     and
       (2) by adding at the end the following:

                  ``CHAPTER 5--RESEARCH AND TECHNOLOGY

                 ``SUBCHAPTER I--RESEARCH AND TRAINING

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

          ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS

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

                       ``SUBCHAPTER III--FUNDING

``541. Funding.

                 ``SUBCHAPTER I--RESEARCH AND TRAINING

     ``Sec. 501. Definitions

       ``In this chapter:
       ``(1) Safety.--The term `safety' includes highway and 
     traffic safety systems, research, and development relating to 
     vehicle, highway, driver, passenger, bicyclist, and 
     pedestrian characteristics, accident investigations, 
     communications, emergency medical care, and transportation of 
     the injured.
       ``(2) Federal laboratory.--The term `Federal laboratory' 
     includes a Government-owned, Government-operated laboratory 
     and a Government-owned, contractor-operated laboratory.

     ``Sec. 502. Research and technology program

       ``(a) General Authority and Collaborative Agreements.--
       ``(1) Authority of the secretary.--
       ``(A) In general.--The Secretary--
       ``(i) shall carry out research, development, and technology 
     transfer activities with respect to--

       ``(I) motor carrier transportation;
       ``(II) all phases of transportation planning and 
     development (including construction, operation, 
     modernization, development, design, maintenance, safety, 
     financing, and traffic conditions); and
       ``(III) the effect of State laws on the activities 
     described in subclauses (I) and (II); and

       ``(ii) may test, develop, or assist in testing and 
     developing any material, invention, patented article, or 
     process.
       ``(B) Cooperation, grants, and contracts.--The Secretary 
     may carry out this section--
       ``(i) independently;
       ``(ii) in cooperation with other Federal departments, 
     agencies, and instrumentalities and multipurpose Federal 
     laboratories; or
       ``(iii) by making grants to, or entering into contracts, 
     cooperative agreements, and other transactions with, the 
     National Academy of Sciences, the American Association of 
     State Highway and Transportation Officials, any Federal 
     laboratory, any State agency, authority, association, 
     institution, for-profit or nonprofit corporation, 
     organization, foreign country, or person.
       ``(C) Technical innovation.--The Secretary shall develop 
     and carry out programs to facilitate the application of such 
     products of research and technical innovations as will 
     improve the safety, efficiency, and effectiveness of the 
     transportation system.
       ``(D) Funds.--
       ``(i) In general.--Except as otherwise specifically 
     provided in other sections of this chapter--

       ``(I) to carry out this section, the Secretary shall use--

       ``(aa) funds made available under section 541 for research, 
     technology, and training; and
       ``(bb) such funds as may be deposited by any cooperating 
     organization or person in a special account of the Treasury 
     established for this purpose; and

       ``(II) the funds described in item (aa) shall remain 
     available for obligation for a period of 3 years after the 
     last day of the fiscal year for which the funds are 
     authorized.

       ``(ii) Use of funds.--The Secretary shall use funds 
     described in clause (i) to develop, administer, communicate, 
     and promote the use of products of research, development, and 
     technology transfer programs under this section.
       ``(2) Collaborative research and development.--
       ``(A) In general.--To encourage innovative solutions to 
     surface transportation problems and stimulate the deployment 
     of new technology, the Secretary may carry out, on a cost-
     shared basis, collaborative research and development with--
       ``(i) non-Federal entities, including State and local 
     governments, foreign governments, colleges and universities, 
     corporations, institutions, partnerships, sole 
     proprietorships, and trade associations that are incorporated 
     or established under the laws of any State; and
       ``(ii) multipurpose Federal laboratories.
       ``(B) Agreements.--In carrying out this paragraph, the 
     Secretary may enter into cooperative research and development 
     agreements (as defined in section 12 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
       ``(C) Federal share.--
       ``(i) In general.--The Federal share of the cost of 
     activities carried out under a cooperative research and 
     development agreement entered into under this paragraph shall 
     not exceed 50 percent, except that if there is substantial 
     public interest or benefit, the Secretary may approve a 
     greater Federal share.
       ``(ii) Non-federal share.--All costs directly incurred by 
     the non-Federal partners, including personnel, travel, and 
     hardware development costs, shall be credited toward the non-
     Federal share of the cost of the activities described in 
     clause (i).
       ``(D) Use of technology.--The research, development, or use 
     of a technology under a cooperative research and development 
     agreement entered into under this paragraph, including the 
     terms under which the technology may be licensed and the 
     resulting royalties may be distributed, shall be subject to 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.).
       ``(3) Waiver of advertising requirements.--Section 3709 of 
     the Revised Statutes (41 U.S.C. 5) shall not apply to a 
     contract or agreement entered into under this chapter.
       ``(b) Mandatory Elements of Program.--The Secretary shall 
     include in the surface transportation research, development, 
     and technology transfer programs under this section and as 
     specified elsewhere in this title--
       ``(1) a coordinated long-term program of research for the 
     development, use, and dissemination of performance indicators 
     to measure the performance of the surface transportation 
     systems of the United States, including indicators for 
     productivity, efficiency, energy use, air quality, 
     congestion, safety, maintenance, and other factors that 
     reflect the overall performance of the system; and
       ``(2) a program to strengthen and expand surface 
     transportation infrastructure research, development, and 
     technology transfer, which shall include, at a minimum--
       ``(A) methods and materials for improving the durability of 
     surface transportation infrastructure facilities and 
     extending the life of bridge structures, including new and 
     innovative technologies to reduce corrosion;
       ``(B) a research and development program directed toward 
     the reduction of costs, and the mitigation of impacts, 
     associated with the construction of highways and mass transit 
     systems;
       ``(C) a surface transportation research program to develop 
     nondestructive evaluation equipment for use with existing 
     infrastructure facilities and with next-generation 
     infrastructure facilities that use advanced materials;
       ``(D)(i) information technology, including appropriate 
     computer programs to collect and analyze data on the status 
     of infrastructure facilities described in subparagraph (C) 
     with respect to enhancing management, growth, and capacity; 
     and
       ``(ii) dynamic simulation models of surface transportation 
     systems for--
       ``(I) predicting capacity, safety, and infrastructure 
     durability problems;
       ``(II) evaluating planned research projects; and
       ``(III) testing the strengths and weaknesses of proposed 
     revisions to surface transportation operation programs;
       ``(E) new innovative technologies to enhance and facilitate 
     field construction and rehabilitation techniques for 
     minimizing disruption during repair and maintenance of 
     structures;
       ``(F) initiatives to improve the ability of the United 
     States to respond to emergencies and natural disasters and to 
     enhance national defense mobility;
       ``(G) an evaluation of traffic calming measures that 
     promote community preservation, transportation mode choice, 
     and safety; and
       ``(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.

[[Page S2047]]

       ``(c) Report on Goals, Milestones, and Accomplishments.--
     The goals, milestones, and accomplishments relevant to each 
     of the mandatory program elements described in subsection (b) 
     shall be specified in the report required under section 
     5221(d) of title 49.''.

     SEC. 2006. ADVANCED RESEARCH PROGRAM.

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

     ``Sec. 503. Advanced research program

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

     SEC. 2007. LONG-TERM PAVEMENT PERFORMANCE PROGRAM.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2006), is amended by adding at the end 
     the following:

     ``Sec. 504. Long-term pavement performance program

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

     SEC. 2008. STATE PLANNING AND RESEARCH PROGRAM.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2007), is amended by adding at the end 
     the following:

     ``Sec. 505. State planning and research program

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

     SEC. 2009. EDUCATION AND TRAINING.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2008), is amended by adding at the end 
     the following:

     ``Sec. 506. Education and training

       ``(a) Local Technical Assistance Program.--
       ``(1) Authority.--The Secretary shall carry out a 
     transportation assistance program that will provide access to 
     modern highway technology to--
       ``(A) highway and transportation agencies in urbanized 
     areas with populations of between 50,000 and 1,000,000 
     individuals;
       ``(B) highway and transportation agencies in rural areas; 
     and
       ``(C) contractors that do work for the agencies.
       ``(2) Grants, cooperative agreements, and contracts.--The 
     Secretary may make grants and enter into cooperative 
     agreements and contracts to provide education and training, 
     technical assistance, and related support services that 
     will--
       ``(A) assist rural, local transportation agencies and 
     tribal governments, and the consultants and construction 
     personnel working for the agencies and governments, to--
       ``(i) develop and expand their expertise in road and 
     transportation areas (including pavement, bridge, safety 
     management systems, and traffic safety countermeasures);
       ``(ii) improve roads and bridges;
       ``(iii) enhance--

       ``(I) programs for the movement of passengers and freight; 
     and
       ``(II) intergovernmental transportation planning and 
     project selection; and

       ``(iv) deal effectively with special transportation-related 
     problems by preparing and providing training packages, 
     manuals, guidelines, and technical resource materials;
       ``(B) identify, package, and deliver transportation 
     technology and traffic safety information to local 
     jurisdictions to assist urban transportation agencies in 
     developing and expanding their ability to deal effectively 
     with transportation-related problems;
       ``(C) operate, in cooperation with State transportation 
     departments and universities--
       ``(i) local technical assistance program centers to provide 
     transportation technology transfer services to rural areas 
     and to urbanized areas with populations of between 50,000 and 
     1,000,000 individuals; and
       ``(ii) local technical assistance program centers 
     designated to provide transportation technical assistance to 
     Indian tribal governments; and
       ``(D) allow local transportation agencies and tribal 
     governments, in cooperation with the private sector, to 
     enhance new technology implementation.
       ``(3) Authorization of contract authority.--
       ``(A) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) 
     $7,000,000 for fiscal year 1998, $7,000,000 for fiscal year 
     1999, $7,000,000 for fiscal year 2000, $8,000,000 for fiscal 
     year 2001, $8,000,000 for fiscal year 2002, and $8,000,000 
     for fiscal year 2003 to be used to develop and administer the 
     program established under this section and to provide 
     technical and financial support for the centers operated 
     under paragraph (2)(C).
       ``(B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--
       ``(i) the Federal share of the cost of any activity under 
     this subsection shall be determined by the Secretary; and
       ``(ii) the funds shall remain available for obligation for 
     a period of 3 years after the last day of the fiscal year for 
     which the funds are authorized.
       ``(b) National Highway Institute.--
       ``(1) Establishment; duties; programs.--
       ``(A) Establishment.--The Secretary shall establish and 
     operate in the Federal Highway Administration a National 
     Highway Institute (referred to in this subsection as the 
     `Institute').
       ``(B) Duties.--
       ``(i) Institute.--In cooperation with State transportation 
     departments, United States industry, and any national or 
     international entity, the Institute shall develop and 
     administer education and training programs of instruction 
     for--

       ``(I) Federal Highway Administration, State, and local 
     transportation agency employees;

[[Page S2048]]

       ``(II) regional, State, and metropolitan planning 
     organizations;
       ``(III) State and local police, public safety, and motor 
     vehicle employees; and
       ``(IV) United States citizens and foreign nationals engaged 
     or to be engaged in surface transportation work of interest 
     to the United States.

       ``(ii) Secretary.--The Secretary shall administer, through 
     the Institute, the authority vested in the Secretary by this 
     title or by any other law for the development and conduct of 
     education and training programs relating to highways.
       ``(C) Types of programs.--Programs that the Institute may 
     develop and administer may include courses in modern 
     developments, techniques, methods, regulations, management, 
     and procedures relating to--
       ``(i) surface transportation;
       ``(ii) environmental factors;
       ``(iii) acquisition of rights-of-way;
       ``(iv) relocation assistance;
       ``(v) engineering;
       ``(vi) safety;
       ``(vii) construction;
       ``(viii) maintenance;
       ``(ix) operations;
       ``(x) contract administration;
       ``(xi) motor carrier activities;
       ``(xii) inspection; and
       ``(xiii) highway finance.
       ``(2) Set-aside; federal share.--Not to exceed \1/4\ of 1 
     percent of the funds apportioned to a State under section 
     104(b)(3) for the surface transportation program shall be 
     available for expenditure by the State transportation 
     department for the payment of not to exceed 80 percent of the 
     cost of tuition and direct educational expenses (excluding 
     travel, subsistence, or salaries) in connection with the 
     education and training of employees of State and local 
     transportation agencies in accordance with this subsection.
       ``(3) Federal responsibility.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     education and training of employees of Federal, State, and 
     local transportation (including highway) agencies authorized 
     under this subsection may be provided--
       ``(i) by the Secretary at no cost to the States and local 
     governments if the Secretary determines that provision at no 
     cost is in the public interest; or
       ``(ii) by the State through grants, cooperative agreements, 
     and contracts with public and private agencies, institutions, 
     individuals, and the Institute.
       ``(B) Payment of full cost by private persons.--Private 
     agencies, international or foreign entities, and individuals 
     shall pay the full cost of any education and training 
     received by them unless the Secretary determines that a lower 
     cost is of critical importance to the public interest.
       ``(4) Training fellowships; cooperation.--The Institute 
     may--
       ``(A) engage in training activities authorized under this 
     subsection, including the granting of training fellowships; 
     and
       ``(B) carry out its authority independently or in 
     cooperation with any other branch of the Federal Government 
     or any State agency, authority, association, institution, 
     for-profit or nonprofit corporation, other national or 
     international entity, or other person.
       ``(5) Collection of fees.--
       ``(A) General rule.--In accordance with this subsection, 
     the Institute may assess and collect fees solely to defray 
     the costs of the Institute in developing or administering 
     education and training programs under this subsection.
       ``(B) Limitation.--Fees may be assessed and collected under 
     this subsection only in a manner that may reasonably be 
     expected to result in the collection of fees during any 
     fiscal year in an aggregate amount that does not exceed the 
     aggregate amount of the costs referred to in subparagraph (A) 
     for the fiscal year.
       ``(C) Persons subject to fees.--Fees may be assessed and 
     collected under this subsection only with respect to--
       ``(i) persons and entities for whom education or training 
     programs are developed or administered under this subsection; 
     and
       ``(ii) persons and entities to whom education or training 
     is provided under this subsection.
       ``(D) Amount of fees.--The fees assessed and collected 
     under this subsection shall be established in a manner that 
     ensures that the liability of any person or entity for a fee 
     is reasonably based on the proportion of the costs referred 
     to in subparagraph (A) that relate to the person or entity.
       ``(E) Use.--All fees collected under this subsection shall 
     be used to defray costs associated with the development or 
     administration of education and training programs authorized 
     under this subsection.
       ``(6) Funding.--
       ``(A) Authorization of contract authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this subsection $5,000,000 for 
     fiscal year 1998, $5,000,000 for fiscal year 1999, $5,000,000 
     for fiscal year 2000, $6,000,000 for fiscal year 2001, 
     $6,000,000 for fiscal year 2002, and $6,000,000 for fiscal 
     year 2003.
       ``(B) Relation to fees.--The funds provided under this 
     paragraph may be combined with or held separate from the fees 
     collected under paragraph (5).
       ``(C) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--
       ``(i) the Federal share of the cost of any activity under 
     this subsection shall be determined by the Secretary; and
       ``(ii) the funds shall remain available for obligation for 
     a period of 1 year after the last day of the fiscal year for 
     which the funds are authorized.
       ``(7) Contracts.--Section 3709 of the Revised Statutes (41 
     U.S.C. 5) shall not apply to a contract or agreement entered 
     into under this subsection.
       ``(c) Dwight David Eisenhower Transportation Fellowship 
     Program.--
       ``(1) General authority.--The Secretary, acting 
     independently or in cooperation with other Federal 
     departments, agencies, and instrumentalities, may make grants 
     for fellowships for any purpose for which research, 
     technology, or capacity building is authorized under this 
     chapter.
       ``(2) Dwight david eisenhower transportation fellowship 
     program.--
       ``(A) In general.--The Secretary shall carry out a 
     transportation fellowship program, to be known as the `Dwight 
     David Eisenhower Transportation Fellowship Program', for the 
     purpose of attracting qualified students to the field of 
     transportation.
       ``(B) Types of fellowships.--The program shall offer 
     fellowships at the junior through postdoctoral levels of 
     college education.
       ``(C) Citizenship.--Each recipient of a fellowship under 
     the program shall be a United States citizen.
       ``(3) Authorization of contract authority.--
       ``(A) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this subsection $2,000,000 for each of fiscal years 
     1998 through 2003.
       ``(B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--
       ``(i) the Federal share of the cost of any activity funded 
     under this subsection shall be determined by the Secretary; 
     and
       ``(ii) the funds shall remain available for obligation for 
     a period of 1 year after the last day of the fiscal year for 
     which the funds are authorized.
       ``(d) Highway Construction Training Programs.--
       ``(1) Use of funds by the secretary.--
       ``(A) In general.--The Secretary, in cooperation with any 
     other department or agency of the Federal Government, State 
     agency, authority, association, institution, Indian tribal 
     government, for-profit or nonprofit corporation, or other 
     organization or person, may--
       ``(i) develop, conduct, and administer highway construction 
     and technology training, including skill improvement, 
     programs; and
       ``(ii) develop and fund Summer Transportation Institutes.
       ``(B) Waiver of advertising requirements.--Section 3709 of 
     the Revised Statutes (41 U.S.C. 5) shall not apply to a 
     contract or agreement entered into by the Secretary under 
     this subsection.
       ``(C) Funding.--
       ``(i) In general.--Before making apportionments under 
     section 104(b) for a fiscal year, the Secretary shall deduct 
     such sums as the Secretary determines are necessary, but not 
     to exceed $10,000,000 for each fiscal year, to carry out this 
     subsection.
       ``(ii) Availability.--Sums deducted under clause (i) shall 
     remain available until expended.
       ``(2) Use of funds apportioned to states.--Notwithstanding 
     any other provision of law, upon request of a State 
     transportation department to the Secretary, not to exceed \1/
     2\ of 1 percent of the funds apportioned to the State for a 
     fiscal year under paragraphs (1) and (3) of section 104(b) 
     may be made available to carry out this subsection.
       ``(3) Reservation of training positions for individuals 
     receiving welfare assistance.--In carrying out this 
     subsection, the Secretary and States may reserve training 
     positions for individuals who receive welfare assistance from 
     a State.''.

     SEC. 2010. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH 
                   PROGRAM.

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

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

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2010), is amended by adding at the end 
     the following:

[[Page S2049]]

     ``Sec. 508. National technology deployment initiatives and 
       partnerships program

       ``(a) Establishment.--The Secretary shall develop and 
     administer a national technology deployment initiatives and 
     partnerships program (referred to in this section as the 
     `program').
       ``(b) Purpose.--The purpose of the program is to 
     significantly accelerate the adoption of innovative 
     technologies by the surface transportation community.
       ``(c) Deployment Goals.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall establish 
     not more than 5 deployment goals to carry out subsection (a).
       ``(2) Design.--Each of the goals and the program developed 
     to achieve the goals shall be designed to provide tangible 
     benefits, with respect to transportation systems, in the 
     areas of efficiency, safety, reliability, service life, 
     environmental protection, or sustainability.
       ``(3) Strategies for achievement.--For each goal, the 
     Secretary, in cooperation with representatives of the 
     transportation community such as States, local governments, 
     the private sector, and academia, shall use domestic and 
     international technology to develop strategies and 
     initiatives to achieve the goal, including technical 
     assistance in deploying technology and mechanisms for sharing 
     information among program participants.
       ``(d) Continuation of SHRP Partnerships.--Under the 
     program, the Secretary shall continue the partnerships 
     established through the strategic highway research program 
     established under section 307(d) (as in effect on the day 
     before the date of enactment of this section).
       ``(e) Grants, Cooperative Agreements, and Contracts.--Under 
     the program, the Secretary may make grants and enter into 
     cooperative agreements and contracts to foster alliances and 
     support efforts to stimulate advances in transportation 
     technology, including--
       ``(1) the testing and evaluation of products of the 
     strategic highway research program;
       ``(2) the further development and implementation of 
     technology in areas such as the Superpave system and the use 
     of lithium salts to prevent and mitigate alkali silica 
     reactivity; and
       ``(3) the provision of support for long-term pavement 
     performance product implementation and technology access.
       ``(f) Reports.--Not later than 18 months after the date of 
     enactment of this section, and biennially thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress and results of 
     activities carried out under this section.
       ``(g) Funding.--
       ``(1) Authorization of contract authority.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out this section $50,000,000 for 
     each of fiscal years 1998 through 2003, of which not less 
     than $500,000 shall be made available to carry out the study 
     under section 511.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that--
       ``(A) the Federal share of the cost of any activity under 
     this section shall be determined by the Secretary; and
       ``(B) the funds shall remain available for obligation for a 
     period of 3 years after the last day of the fiscal year for 
     which the funds are authorized.
       ``(3) Allocation.--To the extent appropriate to achieve the 
     goals established under subsection (c), the Secretary may 
     further allocate funds made available under this subsection 
     to States for their use.''.

     SEC. 2012. INFRASTRUCTURE INVESTMENT NEEDS REPORT.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2011), is amended by adding at the end 
     the following:

     ``Sec. 509. Infrastructure investment needs report

       ``(a) In General.--Not later than January 31, 1999, and 
     January 31 of every second year thereafter, the Secretary 
     shall report to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives on--
       ``(1) estimates of the future highway and bridge needs of 
     the United States; and
       ``(2) the backlog of current highway and bridge needs.
       ``(b) Format.--Each report under subsection (a) shall, at a 
     minimum, include explanatory materials, data, and tables 
     comparable in format to the report submitted in 1995 under 
     section 307(h) (as in effect on the day before the date of 
     enactment of this section).''.

     SEC. 2013. INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION 
                   PROGRAM.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2012), is amended by adding at the end 
     the following:

     ``Sec. 510. Innovative bridge research and construction 
       program

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

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

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

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

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2013), is amended by adding at the end 
     the following:

     ``Sec. 511. Study of future strategic highway research 
       program

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

     SEC. 2016. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

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

     ``Sec. 310. Advanced vehicle technologies program

       ``(a) Purposes.--The Secretary of Transportation, in 
     coordination with other government agencies and private 
     consortia, shall encourage and promote the research, 
     development, and deployment of transportation technologies 
     that will use technological advances in multimodal vehicles, 
     vehicle components, environmental technologies, and related 
     infrastructure to remove impediments to an efficient and 
     cost-effective national transportation system.

[[Page S2050]]

       ``(b) Definition of Eligible Consortium.--In this section, 
     the term `eligible consortium' means a consortium that 
     receives funding under the Department of Defense 
     Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 
     1876), and that comprises 2 or more of the following 
     entities:
       ``(1) Businesses incorporated in the United States.
       ``(2) Public or private educational or research 
     organizations located in the United States.
       ``(3) Entities of State or local governments in the United 
     States.
       ``(4) Federal laboratories.
       ``(c) Program.--The Secretary shall enter into contracts, 
     cooperative agreements, and other transactions as authorized 
     by section 2371 of title 10 with, and make grants to, 
     eligible consortia to promote the development and deployment 
     of innovation in transportation technology services, 
     management, and operational practices.
       ``(d) Eligibility Criteria.--To be eligible to receive 
     assistance under this section, an eligible consortium shall--
       ``(1) for a period of not less than the 3 years preceding 
     the date of a contract, cooperative agreement, or other 
     transaction, be organized on a statewide or multistate basis 
     for the purpose of designing, developing, and deploying 
     transportation technologies that address identified 
     technological impediments in the transportation field;
       ``(2) facilitate the participation in the consortium of 
     small- and medium-sized businesses, utilities, public 
     laboratories and universities, and other relevant entities;
       ``(3) be actively engaged in transportation technology 
     projects that address compliance in nonattainment areas under 
     the Clean Air Act (42 U.S.C. 7401 et seq.);
       ``(4) be designed to use Federal and State funding to 
     attract private capital in the form of grants or investments 
     to carry out this section; and
       ``(5) ensure that at least 50 percent of the funding for 
     the consortium project will be provided by non-Federal 
     sources.
       ``(e) Proposals.--The Secretary shall prescribe such terms 
     and conditions as the Secretary determines to be appropriate 
     for the content and structure of proposals submitted for 
     assistance under this section.
       ``(f) Reporting Requirements.--At least once each year, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the projects undertaken by the eligible consortia 
     and the progress made in advancing the purposes of this 
     section.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $50,000,000 for each of fiscal 
     years 1998 through 2003, to remain available until expended.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 3 of subtitle I of title 49, United States Code, is 
     amended by adding at the end the following:

``310. Advanced vehicle technologies program.''.

     SEC. 2017. TRANSPORTATION AND ENVIRONMENT COOPERATIVE 
                   RESEARCH PROGRAM.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2015), is amended by adding at the end 
     the following:

     ``Sec. 512. Transportation and environment cooperative 
       research program

       ``(a) In General.--The Secretary shall establish and carry 
     out a transportation and environment cooperative research 
     program.
       ``(b) Advisory Board.--
       ``(1) Establishment.--In consultation with the Secretary of 
     Energy and the Administrator of the Environmental Protection 
     Agency, the Secretary shall establish an advisory board to 
     recommend environmental and energy conservation research, 
     technology, and technology transfer activities related to 
     surface transportation.
       ``(2) Membership.--The advisory board shall include--
       ``(A) representatives of State transportation and 
     environmental agencies;
       ``(B) transportation and environmental scientists and 
     engineers; and
       ``(C) representatives of metropolitan planning 
     organizations, transit operating agencies, and environmental 
     organizations.
       ``(3) Development of research priorities.--In developing 
     recommendations for priorities for research described in 
     paragraph (1), the advisory board shall consider the research 
     recommendations of the National Research Council report 
     entitled `Environmental Research Needs in Transportation'.
       ``(4) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory board.
       ``(c) National Academy of Sciences.--
       ``(1) In general.--The Secretary may make grants to, and 
     enter into cooperative agreements with, the National Academy 
     of Sciences to carry out such activities related to the 
     research, technology, and technology transfer activities 
     described in subsection (b)(1) as the Secretary determines to 
     be appropriate.
       ``(2) Ecosystem integrity study.--
       ``(A) In general.--The Secretary shall give priority to 
     conducting a study of, and preparing a report on, the 
     relationship between highway density and ecosystem integrity, 
     including an analysis of the habitat-level impacts of highway 
     density on the overall health of ecosystems.
       ``(B) Proposal of rapid assessment methodology.--To aid 
     transportation and regulatory agencies, the report shall 
     propose a rapid assessment methodology for determining the 
     relationship between highway density and ecosystem integrity.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $5,000,000 for each of fiscal years 
     1998 through 2003.
       ``(2) Availability.--Notwithstanding section 118(a), funds 
     made available under paragraph (1) shall not be available in 
     advance of an annual appropriation.''.

     SEC. 2018. RECYCLED MATERIALS RESOURCE CENTER.

       Subchapter I of chapter 5 of title 23, United States Code 
     (as amended by section 2017), is amended by adding at the end 
     the following:

     ``Sec. 513. Recycled materials resource center

       ``(a) Establishment.--The Secretary shall establish at the 
     University of New Hampshire a research program to be known as 
     the `Recycled Materials Resource Center' (referred to in this 
     section as the `Center').
       ``(b) Activities.--
       ``(1) In general.--The Center shall--
       ``(A) systematically test, evaluate, develop appropriate 
     guidelines for, and demonstrate environmentally acceptable 
     and occupationally safe technologies and techniques for the 
     increased use of traditional and nontraditional recycled and 
     secondary materials in transportation infrastructure 
     construction and maintenance;
       ``(B) make information available to State transportation 
     departments, the Federal Highway Administration, the 
     construction industry, and other interested parties to assist 
     in evaluating proposals to use traditional and nontraditional 
     recycled and secondary materials in transportation 
     infrastructure construction;
       ``(C) encourage the increased use of traditional and 
     nontraditional recycled and secondary materials by using 
     sound science to analyze thoroughly all potential long-term 
     considerations that affect the physical and environmental 
     performance of the materials; and
       ``(D) work cooperatively with Federal and State officials 
     to reduce the institutional barriers that limit widespread 
     use of traditional and nontraditional recycled and secondary 
     materials and to ensure that such increased use is consistent 
     with the sustained environmental and physical integrity of 
     the infrastructure in which the materials are used.
       ``(2) Sites and projects under actual field conditions.--In 
     carrying out paragraph (1)(C), the Secretary may authorize 
     the Center to--
       ``(A) use test sites and demonstration projects under 
     actual field conditions to develop appropriate performance 
     data; and
       ``(B) develop appropriate tests and guidelines to ensure 
     correct use of recycled and secondary materials in 
     transportation infrastructure construction.
       ``(c) Review and Evaluation.--
       ``(1) In general.--Not less often than every 2 years, the 
     Secretary shall review and evaluate the program carried out 
     by the Center.
       ``(2) Notification of deficiencies.--In carrying out 
     paragraph (1), if the Secretary determines that the Center is 
     deficient in carrying out subsection (b), the Secretary shall 
     notify the Center of each deficiency and recommend specific 
     measures to address the deficiency.
       ``(3) Disqualification.--If, after the end of the 180-day 
     period that begins on the date of notification to the Center 
     under paragraph (2), the Secretary determines that the Center 
     has not corrected each deficiency identified under paragraph 
     (2), the Secretary may, after notifying the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives of the determination, disqualify the Center 
     from further participation under this section.
       ``(d) Funding.--Of amounts made available under section 
     541, $2,000,000 shall be made available for each fiscal year 
     to carry out this section.''.

     SEC. 2019. CONFORMING AMENDMENTS.

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

     SEC. 2020. REMOTE SENSING AND SPATIAL INFORMATION 
                   TECHNOLOGIES.

       (a) In General.--The Secretary shall establish and carry 
     out a program to validate remote sensing and spatial 
     information technologies for application to national 
     transportation infrastructure development and construction.
       (b) Program Stages.--
       (1) First stage.--Not later than 18 months after the date 
     of the enactment of this Act, the Secretary shall establish a 
     national policy for the use of remote sensing and spatial 
     information technologies in national transportation 
     infrastructure development and construction.
       (2) Second stage.--After establishment of the national 
     policy under paragraph (1), the Secretary shall develop new 
     applications of remote sensing and spatial information 
     technologies for the implementation of such policy.
       (c) Cooperation.--The Secretary shall carry out this 
     section in cooperation with the National Aeronautics and 
     Space Administration and a consortium of university research 
     centers.
       (d) Funding.--There is authorized to be appropriated to 
     carry out this section $10,000,000 for fiscal year 1999 and 
     $10,000,000 for each of fiscal years 2000 through 2004.

[[Page S2051]]

             Subtitle B--Intelligent Transportation Systems

     SEC. 2101. SHORT TITLE.

       This subtitle may be cited as the ``Intelligent 
     Transportation Systems Act of 1998''.

     SEC. 2102. FINDINGS.

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

     SEC. 2103. INTELLIGENT TRANSPORTATION SYSTEMS.

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

          ``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEMS

     ``Sec. 521. Purposes

       ``The purposes of this subchapter are--
       ``(1) to expedite deployment and integration of basic 
     intelligent transportation system services for consumers of 
     passenger and freight transportation across the United 
     States;
       ``(2) to encourage the use of intelligent transportation 
     systems to enhance international trade and domestic economic 
     productivity;
       ``(3) to encourage the use of intelligent transportation 
     systems to promote the achievement of national environmental 
     goals;
       ``(4) to continue research, development, testing, and 
     evaluation activities to continually expand the state-of-the-
     art in intelligent transportation systems;
       ``(5) to provide financial and technical assistance to 
     State and local governments and metropolitan planning 
     organizations to ensure the integration of interoperable, 
     intermodal, and cost-effective intelligent transportation 
     systems;
       ``(6) to foster regional cooperation, standards 
     implementation, and operations planning to maximize the 
     benefits of integrated and coordinated intelligent 
     transportation systems;
       ``(7) to promote the consideration of intelligent 
     transportation systems in mainstream transportation planning 
     and investment decisionmaking by ensuring that Federal and 
     State transportation officials have adequate, working 
     knowledge of intelligent transportation system technologies 
     and applications and by ensuring comprehensive funding 
     eligibility for the technologies and applications;
       ``(8) to encourage intelligent transportation system 
     training for, and technology transfer to, State and local 
     agencies;
       ``(9) to promote the deployment of intelligent 
     transportation system services in rural America so as to 
     achieve safety benefits, promote tourism, and improve quality 
     of life;
       ``(10) to promote the innovative use of private resources, 
     such as through public-private partnerships or other uses of 
     private sector investment, to support the development and 
     integration of intelligent transportation systems throughout 
     the United States;
       ``(11) to complete the Federal investment in the deployment 
     of Commercial Vehicle Information Systems and Networks by 
     September 30, 2003;
       ``(12) to facilitate intermodalism through deployment of 
     intelligent transportation systems, including intelligent 
     transportation system technologies for transit systems to 
     improve safety, efficiency, capacity, and utility for the 
     public;
       ``(13) to enhance the safe operation of motor vehicles, 
     including motorcycles, and nonmotorized vehicles on the 
     surface transportation systems of the United States, with a 
     particular emphasis on decreasing the number and severity of 
     collisions;
       ``(14) to encourage the use of intelligent transportation 
     systems to promote the achievement of national transportation 
     safety goals, including safety at at-grade railway-highway 
     crossings; and
       ``(15) to accommodate the needs of all users of the surface 
     transportation systems of the United States, including the 
     operators of commercial vehicles, passenger vehicles, and 
     motorcycles.

     ``Sec. 522. Definitions

       ``In this subchapter:
       ``(1) Commercial vehicle information systems and 
     networks.--The term `Commercial Vehicle Information Systems 
     and Networks' means the information systems and 
     communications networks that support commercial vehicle 
     operations.
       ``(2) Commercial vehicle operations.--The term `commercial 
     vehicle operations'--
       ``(A) means motor carrier operations and motor vehicle 
     regulatory activities associated with the commercial movement 
     of goods, including hazardous materials, and passengers; and
       ``(B) with respect to the public sector, includes the 
     issuance of operating credentials, the administration of 
     motor vehicle and fuel taxes, and roadside safety and border 
     crossing inspection and regulatory compliance operations.
       ``(3) Completed standard.--The term `completed standard' 
     means a standard adopted and published by the appropriate 
     standards-setting organization through a voluntary consensus 
     standardmaking process.
       ``(4) Corridor.--The term `corridor' means any major 
     transportation route that includes parallel limited access 
     highways, major arterials, or transit lines.
       ``(5) Intelligent transportation system.--The term 
     `intelligent transportation system' means electronics, 
     communications, or information processing used singly or in 
     combination to improve the efficiency or safety of a surface 
     transportation system.
       ``(6) National architecture.--The term `national 
     architecture' means the common framework for interoperability 
     adopted by the Secretary that defines--
       ``(A) the functions associated with intelligent 
     transportation system user services;
       ``(B) the physical entities or subsystems within which the 
     functions reside;
       ``(C) the data interfaces and information flows between 
     physical subsystems; and
       ``(D) the communications requirements associated with the 
     information flows.
       ``(7) Provisional standard.--The term `provisional 
     standard' means a provisional standard established by the 
     Secretary under section 529(c).
       ``(8) Standard.--The term `standard' means a document 
     that--
       ``(A) contains technical specifications or other precise 
     criteria for intelligent transportation systems that are to 
     be used consistently as rules, guidelines, or definitions of 
     characteristics so as to ensure that materials, products, 
     processes, and services are fit for their purposes; and
       ``(B) may support the national architecture and promote--
       ``(i) the widespread use and adoption of intelligent 
     transportation system technology as a component of the 
     surface transportation systems of the United States; and
       ``(ii) interoperability among intelligent transportation 
     system technologies implemented throughout the States.

     ``Sec. 523. Cooperation, consultation, and analysis

       ``(a) Cooperation.--In carrying out this subchapter, the 
     Secretary shall--
       ``(1) foster enhanced operation and management of the 
     surface transportation systems of the United States;
       ``(2) promote the widespread deployment of intelligent 
     transportation systems; and
       ``(3) advance emerging technologies, in cooperation with 
     State and local governments and the private sector.
       ``(b) Consultation.--As appropriate, in carrying out this 
     subchapter, the Secretary shall--
       ``(1) consult with the heads of other interested Federal 
     departments and agencies; and
       ``(2) maximize the involvement of the United States private 
     sector, colleges and universities, the Federal laboratories, 
     and State and local governments in all aspects of carrying 
     out this subchapter.
       ``(c) Procurement Methods.--To meet the need for effective 
     implementation of intelligent transportation system projects, 
     the Secretary shall develop appropriate technical assistance 
     and guidance to assist State and local agencies in evaluating 
     and selecting appropriate methods of procurement for 
     intelligent transportation system projects, including 
     innovative and nontraditional methods of procurement.

     ``Sec. 524. Research, development, and training

       ``(a) In General.--The Secretary shall carry out a 
     comprehensive program of intelligent transportation system 
     research, development, operational testing, technical 
     assistance and training, national architecture activities, 
     standards development and implementation, and other similar 
     activities that are necessary to carry out the purposes of 
     this subchapter.
       ``(b) Intelligent Vehicle and Intelligent Infrastructure 
     Programs.--
       ``(1) In general.--
       ``(A) Program.--The Secretary shall carry out a program to 
     conduct research, development, and engineering designed to 
     stimulate and advance deployment of an integrated intelligent 
     vehicle program and an integrated intelligent infrastructure 
     program, consisting of--
       ``(i) projects such as crash avoidance, automated highway 
     systems, advanced vehicle controls, and roadway safety and 
     efficiency systems linked to intelligent vehicles; and
       ``(ii) projects that improve mobility and the quality of 
     the environment, including projects for traffic management, 
     incident management, transit management, toll collection, 
     traveler information, and traffic control systems.
       ``(B) Consideration of vehicle and infrastructure 
     elements.--In carrying out subparagraph (A), the Secretary 
     may consider systems that include both vehicle and 
     infrastructure elements and determine the most appropriate 
     mix of those elements.
       ``(2) National architecture.--The program carried out under 
     paragraph (1) shall be consistent with the national 
     architecture.
       ``(3) Priorities.--In carrying out paragraph (1), the 
     Secretary shall give higher priority to activities that--
       ``(A) assist motor vehicle drivers in avoiding motor 
     vehicle crashes;
       ``(B) assist in the development of an automated highway 
     system; or
       ``(C) improve the integration of air bag technology with 
     other on-board safety systems and maximize the safety 
     benefits of the simultaneous use of an automatic restraint 
     system and seat belts.
       ``(4) Cost sharing.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the cost of a research project carried 
     out in cooperation with a non-Federal entity under a program 
     carried out under paragraph (1) shall not exceed 80 percent.
       ``(B) Innovative or high-risk research projects.--The 
     Federal share of the cost of an innovative or high-risk 
     research project described in subparagraph (A) may, at the 
     discretion of the Secretary, be 100 percent.
       ``(5) Plan.--The Secretary shall--
       ``(A) not later than 1 year after the date of enactment of 
     this subchapter, submit to Congress a 6-year plan specifying 
     the goals, objectives, and milestones to be achieved by each 
     program carried out under paragraph (1); and

[[Page S2052]]

       ``(B) report biennially to Congress on the progress in 
     meeting the goals, objectives, and milestones.
       ``(c) Evaluation.--
       ``(1) Guidelines and requirements.--
       ``(A) In general.--The Secretary shall establish guidelines 
     and requirements for the independent evaluation of field and 
     related operational tests, and, if necessary, deployment 
     projects, carried out under this subchapter.
       ``(B) Required provisions.--The guidelines and requirements 
     established under subparagraph (A) shall include provisions 
     to ensure the objectivity and independence of the evaluator 
     so as to avoid any real or apparent conflict of interest or 
     potential influence on the outcome by parties to any such 
     test or deployment project or by any other formal evaluation 
     carried out under this subchapter.
       ``(2) Funding.--
       ``(A) Small projects.--In the case of a test or project 
     with a cost of less than $5,000,000, the Secretary may 
     allocate not more than 15 percent of the funds made available 
     to carry out the test or project for an evaluation of the 
     test or project.
       ``(B) Moderate projects.--In the case of a test or project 
     with a cost of $5,000,000 or more, but less than $10,000,000, 
     the Secretary may allocate not more than 10 percent of the 
     funds made available to carry out the test or project for an 
     evaluation of the test or project.
       ``(C) Large projects.--In the case of a test or project 
     with a cost of $10,000,000 or more, the Secretary may 
     allocate not more than 5 percent of the funds made available 
     to carry out the test or project for an evaluation of the 
     test or project.
       ``(3) Inapplicability of paperwork reduction act.--Any 
     survey, questionnaire, or interview that the Secretary 
     considers necessary to carry out the evaluation of any test 
     or program assessment activity under this subchapter shall 
     not be subject to chapter 35 of title 44.
       ``(d) Information Clearinghouse.--
       ``(1) In general.--The Secretary shall--
       ``(A) maintain a repository for technical and safety data 
     collected as a result of federally sponsored projects carried 
     out under this subchapter; and
       ``(B) on request, make that information (except for 
     proprietary information and data) readily available to all 
     users of the repository at an appropriate cost.
       ``(2) Delegation of authority.--
       ``(A) In general.--The Secretary may delegate the 
     responsibility of the Secretary under this subsection, with 
     continuing oversight by the Secretary, to an appropriate 
     entity not within the Department of Transportation.
       ``(B) Federal assistance.--If the Secretary delegates the 
     responsibility, the entity to which the responsibility is 
     delegated shall be eligible for Federal assistance under this 
     section.
       ``(e) Traffic Incident Management and Response.--The 
     Secretary shall carry out a program to advance traffic 
     incident management and response technologies, strategies, 
     and partnerships that are fully integrated with intelligent 
     transportation systems.
       ``(f) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $120,000,000 for fiscal year 1998, 
     $125,000,000 for fiscal year 1999, $130,000,000 for fiscal 
     year 2000, $135,000,000 for fiscal year 2001, $140,000,000 
     for fiscal year 2002, and $150,000,000 for fiscal year 2003, 
     of which, for each fiscal year--
       ``(A) not less than $25,000,000 shall be available for 
     activities that assist motor vehicle drivers in avoiding 
     motor vehicle crashes, including activities that improve the 
     integration of air bag technology with other on-board safety 
     systems;
       ``(B) not less than $25,000,000 shall be available for 
     activities that assist in the development of an automated 
     highway system; and
       ``(C) not less than $3,000,000 shall be available for 
     traffic incident management and response.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1.

     ``Sec. 525. Intelligent transportation system integration 
       program

       ``(a) In General.--The Secretary shall conduct a 
     comprehensive program (referred to in this section as the 
     `program') to accelerate the integration and interoperability 
     of intelligent transportation systems.
       ``(b) Selection of Projects.--
       ``(1) In general.--Under the program, the Secretary shall 
     select for funding, through competitive solicitation, 
     projects that will serve as models to improve transportation 
     efficiency, promote safety, increase traffic flow, reduce 
     emissions of air pollutants, improve traveler information, or 
     enhance alternative transportation modes.
       ``(2) Priorities.--Under the program, the Secretary shall 
     give higher priority to funding projects that--
       ``(A) promote and foster integration strategies and written 
     agreements among local governments, States, and other 
     regional entities;
       ``(B) build on existing (as of the date of project 
     selection) intelligent transportation system projects;
       ``(C) deploy integrated intelligent transportation system 
     projects throughout metropolitan areas;
       ``(D) deploy integrated intelligent transportation system 
     projects that enhance safe freight movement or coordinate 
     intermodal travel, including intermodal travel at ports of 
     entry into the United States; and
       ``(E) advance intelligent transportation system deployment 
     projects that are consistent with the national architecture 
     and, as appropriate, comply with required standards as 
     described in section 529.
       ``(3) Continuation of partnership agreements.--The 
     Secretary shall continue through to completion public/private 
     partnership agreements previously executed to promote the 
     integration of surface transportation management systems, 
     including the integration of highway, transit, railroad and 
     emergency management systems.
       ``(c) Private Sector Involvement.--In carrying out the 
     program, the Secretary shall encourage private sector 
     involvement and financial commitment, to the maximum extent 
     practicable, through innovative financial arrangements, 
     especially public-private partnerships.
       ``(d) Financing and Operations Plans.--As a condition of 
     receipt of funds under the program, a recipient participating 
     in a project shall submit to the Secretary a multiyear 
     financing and operations plan that describes how the project 
     can be cost-effectively operated and maintained.
       ``(e) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $100,000,000 for fiscal year 1998, 
     $110,000,000 for fiscal year 1999, $115,000,000 for fiscal 
     year 2000, $130,000,000 for fiscal year 2001, $135,000,000 
     for fiscal year 2002, and $145,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that, in the case of a project funded under paragraph 
     (1)--
       ``(A) the Federal share of the cost of the project payable 
     from funds made available under paragraph (1) shall not 
     exceed 50 percent; and
       ``(B) the total Federal share of the cost of the project 
     payable from all eligible sources (including paragraph (1)) 
     shall not exceed 80 percent.

     ``Sec. 526. Integration program for rural areas

       ``(a) In General.--The Secretary shall conduct a 
     comprehensive program (referred to in this section as the 
     `program') to accelerate the integration or deployment of 
     intelligent transportation systems in rural areas.
       ``(b) Selection of Projects.--Under the program, the 
     Secretary shall--
       ``(1) select projects through competitive solicitation; and
       ``(2) give higher priority to funding projects that--
       ``(A) promote and foster integration strategies and 
     agreements among local governments, States, and other 
     regional entities;
       ``(B) deploy integrated intelligent transportation system 
     projects that improve mobility, enhance the safety of the 
     movement of passenger vehicles and freight, or promote 
     tourism; and
       ``(C) advance intelligent transportation system deployment 
     projects that are consistent with the national architecture 
     and comply with required standards as described in section 
     529.
       ``(c) Private Sector Involvement.--In carrying out the 
     program, the Secretary shall encourage private sector 
     involvement and financial commitment, to the maximum extent 
     practicable, through innovative financial arrangements, 
     especially public-private partnerships.
       ``(d) Financing and Operations Plans.--As a condition of 
     receipt of funds under the program, a recipient participating 
     in a project shall submit to the Secretary a multiyear 
     financing and operations plan that describes how the project 
     can be cost-effectively operated and maintained
       ``(e) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $10,000,000 for fiscal year 1998, 
     $10,000,000 for fiscal year 1999, $15,000,000 for fiscal year 
     2000, $15,000,000 for fiscal year 2001, $20,000,000 for 
     fiscal year 2002, and $20,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that, in the case of a project funded under paragraph 
     (1)--
       ``(A) the Federal share of the cost of the project payable 
     from funds made available under paragraph (1) shall not 
     exceed 50 percent; and
       ``(B) the total Federal share of the cost of the project 
     payable from all eligible sources (including paragraph (1)) 
     shall not exceed 80 percent.

     ``Sec. 527. Commercial vehicle intelligent transportation 
       system infrastructure

       ``(a) In General.--The Secretary shall carry out a 
     comprehensive program--
       ``(1) to deploy intelligent transportation systems that 
     will promote the safety and productivity of commercial 
     vehicles and drivers; and
       ``(2) to reduce costs associated with commercial vehicle 
     operations and State and Federal commercial vehicle 
     regulatory requirements.
       ``(b) Elements of Program.--
       ``(1) Safety information systems and networks.--
       ``(A) In general.--The program shall advance the 
     technological capability and promote the deployment of 
     commercial vehicle, commercial driver, and carrier-specific 
     safety information systems and networks and other intelligent 
     transportation system technologies used to assist States in 
     identifying high-risk commercial operations and in conducting 
     other innovative safety strategies, including the Commercial 
     Vehicle Information Systems and Networks.
       ``(B) Focus of projects.--Projects assisted under the 
     program shall focus on--
       ``(i) identifying and eliminating unsafe and illegal 
     carriers, vehicles, and drivers in a manner that does not 
     unduly hinder the productivity and efficiency of safe and 
     legal commercial operations;

[[Page S2053]]

       ``(ii) enhancing the safe passage of commercial vehicles 
     across the United States and across international borders;
       ``(iii) reducing the numbers of violations of out-of-
     service orders;
       ``(iv) complying with directives to address other safety 
     violations; and
       ``(v) developing and implementing unobtrusive eyetracking 
     technology.
       ``(2) Monitoring systems.--The program shall advance on-
     board driver and vehicle safety monitoring systems, including 
     fitness-for-duty, brake, and other operational monitoring 
     technologies, that will facilitate commercial vehicle safety, 
     including inspection by motor carrier safety assistance 
     program officers and employees under chapter 311 of title 49.
       ``(c) Use of Federal Funds.--
       ``(1) In general.--Federal funds used to carry out the 
     program shall be primarily used to improve--
       ``(A) commercial vehicle safety and the effectiveness and 
     efficiency of enforcement efforts conducted under the motor 
     carrier safety assistance program under chapter 311 of title 
     49;
       ``(B) electronic processing of registration information, 
     driver licensing information, fuel tax information, 
     inspection and crash data, and other safety information; and
       ``(C) communication of the information described in 
     subparagraph (B) among the States.
       ``(2) Leveraging.--Federal funds used to carry out the 
     program shall, to the maximum extent practicable--
       ``(A) be leveraged with non-Federal funds; and
       ``(B) be used for activities not carried out through the 
     use of private funds.
       ``(d) Federal Share.--The Federal share of the cost of a 
     project assisted under the program shall be not more than 80 
     percent.
       ``(e) Authorization of Contract Authority.--
       ``(1) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) to 
     carry out this section $25,000,000 for fiscal year 1998, 
     $25,000,000 for fiscal year 1999, $25,000,000 for fiscal year 
     2000, $35,000,000 for fiscal year 2001, $35,000,000 for 
     fiscal year 2002, and $40,000,000 for fiscal year 2003.
       ``(2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1, 
     except that, in the case of a project funded under paragraph 
     (1)--
       ``(A) the Federal share of the cost of the project payable 
     from funds made available under paragraph (1) shall not 
     exceed 50 percent; and
       ``(B) the total Federal share of the cost of the project 
     payable from all eligible sources (including paragraph (1)) 
     shall not exceed 80 percent.

     ``Sec. 528. Corridor development and coordination

       ``(a) In General.--The Secretary shall encourage multistate 
     cooperative agreements, coalitions, or other arrangements 
     intended to promote regional cooperation, planning, and 
     shared project implementation for intelligent transportation 
     system projects.
       ``(b) Funding.--There shall be available to carry out this 
     section for each fiscal year not more than--
       ``(1) $3,000,000 of the amounts made available under 
     section 524(f); and
       ``(2) $7,000,000 of the amounts made available under 
     section 525(e).

     ``Sec. 529. Standards

       ``(a) In General.--
       ``(1) Development, implementation, and maintenance.--The 
     Secretary shall develop, implement, and maintain a national 
     architecture and supporting standards to promote the 
     widespread use and evaluation of intelligent transportation 
     system technology as a component of the surface 
     transportation systems of the United States.
       ``(2) Interoperability and efficiency.--To the maximum 
     extent practicable, the standards shall promote 
     interoperability among, and efficiency of, intelligent 
     transportation system technologies implemented throughout the 
     States.
       ``(3) Use of standards-setting organizations.--In carrying 
     out this section, the Secretary may use the services of such 
     standards-setting organizations as the Secretary determines 
     appropriate.
       ``(b) Report.--
       ``(1) In general.--Not later than January 1, 1999, the 
     Secretary shall submit a report describing the status of all 
     standards.
       ``(2) Contents.--The report shall--
       ``(A) identify each standard that is needed for operation 
     of intelligent transportation systems in the United States;
       ``(B) specify the status of the development of each 
     standard;
       ``(C) provide a timetable for achieving agreement on each 
     standard as described in this section; and
       ``(D) determine which standards are critical to ensuring 
     national interoperability or critical to the development of 
     other standards.
       ``(c) Establishment of Provisional Standards.--
       ``(1) Establishment.--Subject to subsection (d), if a 
     standard determined to be critical under subsection (b)(2)(D) 
     is not adopted and published by the appropriate standards-
     setting organization by January 1, 2001, the Secretary shall 
     establish a provisional standard after consultation with 
     affected parties.
       ``(2) Period of effectiveness.--The provisional standard 
     shall--
       ``(A) be published in the Federal Register;
       ``(B) take effect not later than May 1, 2001; and
       ``(C) remain in effect until the appropriate standards-
     setting organization adopts and publishes a standard.
       ``(d) Waiver of Requirement To Establish Provisional 
     Standards.--
       ``(1) Notice.--The Secretary may waive the requirement to 
     establish a provisional standard by submitting, not later 
     than January 1, 2001, to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, a notice that--
       ``(A) specifies the provisional standard subject to the 
     waiver;
       ``(B) describes the history of the development of the 
     standard subject to the waiver;
       ``(C) specifies the reasons why the requirement for the 
     establishment of the provisional standard is being waived;
       ``(D) describes the impacts of delaying the establishment 
     of the standard subject to the waiver, especially the impacts 
     on the purposes of this subchapter; and
       ``(E) provides specific estimates as to when the standard 
     subject to the waiver is expected to be adopted and published 
     by the appropriate standards-setting organization.
       ``(2) Progress reports.--
       ``(A) In general.--In the case of each standard subject to 
     a waiver by the Secretary under paragraph (1), the Secretary 
     shall submit, in accordance with the schedule specified in 
     subparagraph (B), a report to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on the progress of the adoption of a 
     completed standard.
       ``(B) Schedule of reports.--The Secretary shall submit a 
     report under subparagraph (A) with respect to a standard--
       ``(i) not later than 180 days after the date of submission 
     of the notice under paragraph (1) with respect to the 
     standard; and
       ``(ii) at the end of each 180-day period thereafter until 
     such time as a standard has been adopted and published by the 
     appropriate standards-setting organization or the waiver is 
     withdrawn under paragraph (3).
       ``(C) Consultation.--In developing each progress report 
     under subparagraph (A), the Secretary shall consult with the 
     standards-setting organizations involved in the 
     standardmaking process for the standard.
       ``(3) Withdrawal of waiver.--
       ``(A) In general.--At any time, the Secretary may, through 
     notification to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives, withdraw a 
     notice of a waiver of the requirement to establish a 
     provisional standard.
       ``(B) Implementation.--If the Secretary submits 
     notification under subparagraph (A) with respect to a 
     provisional standard, not less than 30 days, but not more 
     than 90 days, after the date of the notification, the 
     Secretary shall implement the provisional standard, unless, 
     by the end of the 90-day period beginning on the date of the 
     notification, a standard has been adopted and published by 
     the appropriate standards-setting organization.
       ``(e) Requirement for Compliance With Standard.--
       ``(1) In general.--
       ``(A) Standard in existence.--Funds made available from the 
     Highway Trust Fund shall not be used to deploy an intelligent 
     transportation system technology if the technology does not 
     comply with each applicable provisional standard or completed 
     standard.
       ``(B) No standard in existence.--In the absence of a 
     provisional standard or completed standard, Federal funds 
     shall not be used to deploy an intelligent transportation 
     system technology if the deployment is not consistent with 
     the interfaces to ensure interoperability that are contained 
     in the national architecture.
       ``(2) Applicability.--Paragraph (1) shall not apply to--
       ``(A) the operation or maintenance of an intelligent 
     transportation system in existence on the date of enactment 
     of this subchapter; or
       ``(B) the upgrade or expansion of an intelligent 
     transportation system in existence on the date of enactment 
     of this subchapter if the Secretary determines that the 
     upgrade or expansion--
       ``(i) does not adversely affect the purposes of this 
     subchapter, especially the goal of national or regional 
     interoperability;
       ``(ii) is carried out before the end of the useful life of 
     the system; and
       ``(iii) is cost effective as compared to alternatives that 
     meet the compliance requirement of paragraph (1)(A) or the 
     consistency requirement of paragraph (1)(B).
       ``(f) Spectrum.--
       ``(1) Consultation.--The Secretary shall consult with the 
     Secretary of Commerce, the Secretary of Defense, and the 
     Chairman of the Federal Communications Commission to 
     determine the best means for securing the necessary spectrum 
     for the near-term establishment of a dedicated short-range 
     vehicle-to-wayside wireless standard and any other spectrum 
     that the Secretary determines to be critical to the 
     implementation of this title.
       ``(2) Progress report.--After consultation under paragraph 
     (1) and with other affected agencies, but not later than 1 
     year after the date of enactment of this subchapter, the 
     Secretary shall submit a report to Congress on the progress 
     made in securing the spectrum described in paragraph (1).
       ``(3) Deadline for securing spectrum.--Notwithstanding any 
     other provision of law, not later than 2 years after the date 
     of enactment of this subchapter, the Secretary of Commerce 
     shall release to the Federal Communications Commission, and 
     the Federal Communications Commission shall allocate, the 
     spectrum described in paragraph (1).
       ``(g) Funding.--The Secretary shall use funds made 
     available under section 524 to carry out this section.

[[Page S2054]]

     ``Sec. 530. Funding limitations

       ``(a) Consistency With National Architecture.--The 
     Secretary shall use funds made available under this 
     subchapter to deploy intelligent transportation system 
     technologies only if the technologies are consistent with the 
     national architecture.
       ``(b) Competition With Privately Funded Projects.--To the 
     maximum extent practicable, the Secretary shall not fund any 
     intelligent transportation system operational test or 
     deployment project that competes with a similar privately 
     funded project.
       ``(c) Infrastructure Development.--Funds made available 
     under this subchapter for operational tests and deployment 
     projects--
       ``(1) shall be used primarily for the development of 
     intelligent transportation system infrastructure; and
       ``(2) to the maximum extent practicable, shall not be used 
     for the construction of physical highway and transit 
     infrastructure unless the construction is incidental and 
     critically necessary to the implementation of an intelligent 
     transportation system project.
       ``(d) Public Relations and Training.--For each fiscal year, 
     not more than $15,000,000 of the funds made available under 
     this subchapter shall be used for intelligent transportation 
     system outreach, public relations, training, mainstreaming, 
     shareholder relations, or related activities.

     ``Sec. 531. Use of innovative financing

       ``(a) In General.--The Secretary may use up to 25 percent 
     of the funds made available under this subchapter and section 
     541 to make available loans, lines of credit, and loan 
     guarantees for projects that are eligible for assistance 
     under this title and that have significant intelligent 
     transportation system elements.
       ``(b) Consistency With Other Law.--Credit assistance 
     described in subsection (a) shall be made available in a 
     manner consistent with the Transportation Infrastructure 
     Finance and Innovation Act of 1998.

     ``Sec. 532. Advisory committees

       ``(a) In General.--In carrying out this subchapter, the 
     Secretary shall use 1 or more advisory committees.
       ``(b) Applicability of Federal Advisory Committee Act.--Any 
     advisory committee so used shall be subject to the Federal 
     Advisory Committee Act (5 U.S.C. App.).''.

     SEC. 2104. CONFORMING AMENDMENT.

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

     SEC. 2201. FUNDING.

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

                       ``SUBCHAPTER III--FUNDING

     ``Sec. 541. Funding

       ``(a) Research, Technology, and Training.--There shall be 
     available from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out sections 502, 507, 509, and 511 
     $68,000,000 for fiscal year 1998, $1,500,000 for fiscal year 
     1999, $4,500,000 for fiscal year 2000, $2,500,000 for fiscal 
     year 2001, $1,500,000 for fiscal year 2002, and $4,500,000 
     for fiscal year 2003.
       ``(b) Contract Authority.--Funds authorized under this 
     section shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1, except 
     that--
       ``(1) any Federal share of the cost of an activity under 
     this chapter shall be determined in accordance with this 
     chapter; and
       ``(2) the funds shall remain available for obligation for a 
     period of 4 years after the last day of the fiscal year for 
     which the funds are authorized.
       ``(c) Limitations on Obligations.--Notwithstanding any 
     other provision of law, the total amount of all obligations 
     under subsection (a) shall not exceed--
       ``(1) $98,000,000 for fiscal year 1998;
       ``(2) $101,000,000 for fiscal year 1999;
       ``(3) $104,000,000 for fiscal year 2000;
       ``(4) $107,000,000 for fiscal year 2001;
       ``(5) $110,000,000 for fiscal year 2002; and
       ``(6) $114,000,000 for fiscal year 2003.''.
    TITLE III--INTERMODAL TRANSPORTATION SAFETY AND RELATED MATTERS

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Intermodal Transportation 
     Safety Act of 1998''.

     SEC. 3002. AMENDMENT OF TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     title 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.
                       Subtitle A--Highway Safety

     SEC. 3101. 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) in paragraph (1)(C), by inserting ``, including Indian 
     tribes,'' after ``subdivisions of such State'';
       (3) in paragraph (1)(C), by striking the period at the end 
     and inserting a semicolon and ``and''; and
       (4) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3).
       (c) Apportionment of Funds.--Section 402(c) of such title 
     is amended--
       (1) by inserting ``the apportionment to the Secretary of 
     the Interior shall not be less than \3/4\ 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 title 
     23, United States Code, 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 subsection (b)(1)(C), 95 
     percent of the funds apportioned to the Secretary of the 
     Interior under this section shall be expended by Indian 
     tribes to carry out highway safety programs within their 
     jurisdictions. The provisions of subparagraph (b)(1)(D) 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 title 23, United 
     States Code, 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 title 23, 
     United States Code, is amended by striking subsection (k) and 
     inserting the following:
       ``(k) Safety Incentive Grants.--
       ``(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) or (m) 
     or section 410. A State may qualify for more than 1 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) 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) 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 1 or 
     more of 3 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 that 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

[[Page S2055]]

     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 
     subparagraph (A)(i) shall take effect not later than 30 days 
     after the date 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.
       ``(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 3-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 
     subparagraph (A)(i) 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. 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).
       ``(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) that contains any amount of an alcoholic beverage; 
     and
       ``(ii)(I) that 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 multidisciplinary membership 
     including the administrators, collectors, and users of such 
     data

[[Page S2056]]

     (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 multiyear highway 
     safety data and traffic records strategic plan to be approved 
     by the Highway Safety Data and Traffic Records Coordinating 
     Committee that identifies and prioritizes its highway safety 
     data and traffic records needs and goals, and that identifies 
     performance-based measures by which progress toward those 
     goals will be determined; or
       ``(B) provides, to the satisfaction of the Secretary--
       ``(i) certification that it has met the provisions outlined 
     in clauses (i) and (ii) of subparagraph (A);
       ``(ii) a multiyear 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 multiyear plan described in clause (ii).
       ``(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 paragraph (1)(A) shall equal $1,000,000, 
     subject to the availability of appropriations, and for any 
     State eligible for such a grant under paragraph (1)(B) of 
     this subsection shall equal a proportional amount of the 
     amount apportioned to the State for fiscal year 1997 under 
     section 402, 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 1 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 multiyear 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 
     multiyear plan.
       ``(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, 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 programs

       ``(a) In General.--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 1 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; public awareness 
     program.--The State has in effect--
       ``(i) 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; and
       ``(ii) an effective public awareness program that advocates 
     placing passengers under the age of 13 in the back seat of a 
     motor vehicle equipped with a passenger-side air bag whenever 
     possible.
       ``(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 3 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.
       ``(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. 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 nonmedical 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, the term--
       ``(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; and
       ``(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.
       ``(b) Child Occupant Protection Education Grants.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered child occupant protection education 
     program.--The term `covered child occupant protection 
     education program' means a program described in subsection 
     (a)(1)(D).
       ``(B) Covered state.--The term `covered State' means a 
     State that demonstrates the implementation of a program 
     described in subsection (a)(1)(D).
       ``(2) Child passenger education.--
       ``(A) Grants.--
       ``(i) In general.--Subject to the availability of 
     appropriations, the Secretary may make a grant to a covered 
     State that submits an application, in such form and manner as 
     the Secretary may prescribe, that is approved by the 
     Secretary to carry out the activities specified in 
     subparagraph (B) through--

       ``(I) the covered child occupant protection program of the 
     State; and
       ``(II) at the option of the State, a grant program 
     established by the State to provide for the carrying out of 1 
     or more of the activities specified in subparagraph (B) by a 
     political subdivision of the State or an appropriate private 
     entity.

       ``(ii) Grant awards.--The Secretary may make a grant under 
     this subsection without regard to whether a covered State is 
     eligible to receive, or has received, a grant under 
     subsection (a).
       ``(B) Use of funds.--Funds provided to a State under a 
     grant under this subsection shall be used to implement child 
     restraint programs that--
       ``(i) are designed to prevent deaths and injuries to 
     children under the age of 9; and
       ``(ii) educate the public concerning--

       ``(I) all aspects of the proper installation of child 
     restraints using standard seatbelt hardware, supplemental 
     hardware, and modification devices (if needed), including 
     special installation techniques; and
       ``(II)(aa) appropriate child restraint design selection and 
     placement and; and

[[Page S2057]]

       ``(bb) harness threading and harness adjustment; and

       ``(iii) train and retrain child passenger safety 
     professionals, police officers, fire and emergency medical 
     personnel, and other educators concerning all aspects of 
     child restraint use.
       ``(C) Reports.--
       ``(i) In general.--The appropriate official of each State 
     that receives a grant under this subsection shall prepare, 
     and submit to the Secretary, an annual report for the period 
     covered by the grant.
       ``(ii) Requirements for reports.--A report described in 
     clause (i) shall--

       ``(I) contain such information as the Secretary may 
     require; and
       ``(II) at a minimum, describe the program activities 
     undertaken with the funds made available under the grant.

       ``(D) Report to congress.--Not later than 1 year after the 
     date of enactment of the Intermodal Surface Transportation 
     Efficiency Act of 1998, and annually thereafter, the 
     Secretary shall prepare, and submit to Congress, a report on 
     the implementation of this subsection that includes a 
     description of the programs undertaken and materials 
     developed and distributed by the States that receive grants 
     under this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of 
     Transportation to carry out this subsection, $7,500,000 for 
     each of fiscal years 1999 and 2000.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     4 of that title is amended by striking the item relating to 
     section 410 and inserting the following:

``410. Safety belts and occupant protection programs.''.
       (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. 3102. NATIONAL DRIVER REGISTER.

       (a) Transfer of Selected Functions to Non-Federal 
     Management.--Section 30302 is amended by adding at the end 
     the following:
       ``(e) Transfer of Selected Functions to Non-Federal 
     Management.--
       ``(1) The Secretary may enter into an agreement with an 
     organization that represents the interests of the States to 
     manage, administer, and operate the National Driver 
     Register's computer timeshare and user assistance functions. 
     If the Secretary decides to enter into such an agreement, the 
     Secretary shall ensure that the management of these functions 
     is compatible with this chapter and the regulations issued to 
     implement this chapter.
       ``(2) Any transfer of the National Driver Register's 
     computer timeshare and user assistance functions to an 
     organization that represents the interests of the States 
     shall begin only after a determination is made by the 
     Secretary that all States are participating in the National 
     Driver Register's `Problem Driver Pointer System' (the system 
     used by the Register to effect the exchange of motor vehicle 
     driving records), and that the system is functioning 
     properly.
       ``(3) The agreement entered into under this subsection 
     shall include a provision for a transition period sufficient 
     to allow the States to make the budgetary and legislative 
     changes they may need to pay fees charged by the organization 
     representing their interests for their use of the National 
     Driver Register's computer timeshare and user assistance 
     functions. During this transition period, the Secretary 
     (through the National Highway Traffic Safety Administration) 
     shall continue to fund these transferred functions.
       ``(4) The total of the fees charged by the organization 
     representing the interests of the States in any fiscal year 
     for the use of the National Driver Register's computer 
     timeshare and user assistance functions shall not exceed the 
     total cost to the organization for performing these functions 
     in such fiscal year.
       ``(5) Nothing in this subsection shall be construed to 
     diminish, limit, or otherwise affect the authority of the 
     Secretary to carry out this chapter.''.
       (b) Access To Register Information.--Section 30305(b) is 
     amended by--
       (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) about an individual 
     applicant for a motor vehicle operator's license from such 
     department or agency. The department or agency may receive 
     the information, provided it transmits to the Secretary a 
     report regarding any individual who is denied a motor vehicle 
     operator's license by that department or agency for cause; 
     whose motor vehicle operator's license is revoked, suspended, 
     or canceled by that department or agency for cause; or about 
     whom the department or agency has been notified of a 
     conviction of any of the motor vehicle-related offenses or 
     comparable offenses listed in section 30304(a)(3) and over 
     whom the department or agency has licensing authority. The 
     report shall contain the information specified in section 
     30304(b).
       ``(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), respectively; and
       (4) by striking ``paragraph (2)'' in paragraph (10), as 
     redesignated, and inserting ``subsection (a)''.

     SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

       The following sums are authorized to be appropriated out of 
     the Highway Trust Fund (other than the Mass Transit Account):
       (1) Consolidated state highway safety programs.--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, United States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsections (l) and (m) 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 section 402(l) of title 
     23, United States Code, are authorized to remain available 
     until expended, provided that, in each fiscal year the 
     Secretary may reallocate any amounts remaining available 
     under section 402(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 section 410 of title 23, 
     United States Code, are authorized to remain available until 
     expended, provided that, in each fiscal year the Secretary 
     may reallocate any amounts remaining available under section 
     410 of title 23, United States Code, to subsections (l) and 
     (m) 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 section 402(m) 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 section 402(m) of title 
     23, United States Code, 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.
       (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--
       (A) $1,605,000 for fiscal year 1998;
       (B) $1,680,000 for fiscal year 1999;
       (C) $1,726,000 for fiscal year 2000;
       (D) $1,772,000 for fiscal year 2001;
       (E) $1,817,000 for fiscal year 2002; and
       (F) $1,872,000 for fiscal year 2003.

     SEC. 3104. MOTOR VEHICLE PURSUIT PROGRAM.

       (a) Motor Vehicle Pursuit Program.--
       (1) Training.--Section 403(b)(1) of title 23, United States 
     Code, as amended by section 3101(h), is amended by adding at 
     the end thereof the following:
       ``(D) Programs to train law enforcement officers on motor 
     vehicle pursuits conducted by law enforcement officers.''.
       (2) Funding.--Out of amounts appropriated to carry out 
     section 403 of title 23, United States Code, the Secretary of 
     Transportation may use such amounts as may be necessary to 
     carry out the motor vehicle pursuit training program of 
     section 403(b)(1)(D) of title 23, United States

[[Page S2058]]

     Code, but not in excess of $1,000,000 for each of fiscal 
     years 1999, 2000, 2001, 2002, and 2003.
       (b) Report of Federal Policies and Procedures.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Attorney General of the United States, the Secretary of 
     Agriculture, the Secretary of the Interior, the Secretary of 
     the Treasury, the Chief of Capitol Police, and the 
     Administrator of General Services shall each transmit to 
     Congress a report containing--
       (1) the policy of the department or agency headed by that 
     individual concerning motor vehicle pursuits by law 
     enforcement officers of that department or agency; and
       (2) a description of the procedures that the department or 
     agency uses to train law enforcement officers in the 
     implementation of the policy referred to in paragraph (1).

     SEC. 3105. 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.''.

     SEC. 3106. IMPROVING AIR BAG SAFETY.

       (a) Suspension of Unbelted Barrier Testing.--The provision 
     in Federal Motor Vehicle Safety Standard No. 208, Occupant 
     crash protection, 49 CFR 571.208, that requires air bag-
     equipped vehicles to be crashed into a barrier using unbelted 
     50th percentile adult male dummies is suspended until either 
     the rule issued under subsection (b) goes into effect or, 
     prior to the effective date of the rule, the Secretary of 
     Transportation, after reporting to the Commerce Committee of 
     the House of Representatives, and the Committee on Commerce, 
     Science, and Transportation of the Senate, determines by rule 
     that restoring the test is necessary to accomplish the 
     purposes of subsection (b).
       (b) Rulemaking to Improve Air Bags.--
       (1) Notice of proposed rulemaking.--Not later than June 1, 
     1998, the Secretary of Transportation shall issue a notice of 
     proposed rulemaking to improve the occupant protection for 
     all occupants provided by Federal Motor Vehicle Safety 
     Standard No. 208, while minimizing the risk to infants, 
     children, and other occupants from injuries and deaths caused 
     by air bags, by means that include advanced air bags.
       (2) Final rule.--The Secretary shall complete the 
     rulemaking required by this subsection by issuing, not later 
     than June 1, 1999, a final rule consistent with paragraph 
     (1). If the Secretary determines that the final rule cannot 
     be completed by that date to meet the purposes of paragraph 
     (1), and advises the Congress of the reasons for this 
     determination, the Secretary may extend the date for issuing 
     the final rule by not more than one year. The Congress may, 
     by joint resolution, grant a further extension of the date 
     for issuing a final rule.
       (3) Methods to ensure protection.--Notwithstanding 
     subsection (a) of this section, the rule required by 
     paragraph (2) may include such tests, including tests with 
     dummies of different sizes, as the Secretary determines to be 
     reasonable, practicable, and appropriate to meet the purposes 
     of paragraph (1).
       (4) Effective date.--The final rule issued under this 
     subsection shall become effective in phases as rapidly as 
     practicable, beginning not earlier than September 1, 2001, 
     and not later than September 1, 2002, and shall become 
     effective not later than September 1, 2005, for all motor 
     vehicles in which air bags are required to be installed. If 
     the Secretary determines that the September 1, 2005, 
     effective date is not practicable to meet the purposes of 
     paragraph (1), the Secretary may extend the effective date 
     for not more than one year. The Congress may, by joint 
     resolution, grant a further extension of the effective date.
       (c) Report on Air Bag Improvements.--Not later than 6 
     months after the enactment of this section, the Secretary of 
     Transportation shall report to Congress on the development of 
     technology to improve the protection given by air bags and 
     reduce the risks from air bags. To the extent possible, the 
     report shall describe the performance characteristics of 
     advanced air bag devices, their estimated cost, their 
     estimated benefits, and the time within which they could be 
     installed in production vehicles.

     SEC. 3107. ROADSIDE SAFETY TECHNOLOGIES.

       (a) Crash Cushions.--
       (1) Guidance.--The Secretary shall initiate and issue a 
     guidance regarding the benefits and safety performance of 
     redirective and nonredirective crash cushions in different 
     road applications, taking into consideration roadway 
     conditions, operating speed limits, the location of the crash 
     cushion in the right-of-way, and any other relevant factors. 
     The guidance shall include recommendations on the most 
     appropriate circumstances for utilization of redirective and 
     nonredirective crash cushions.
       (2) Use of guidance.--States shall use the guidance issued 
     under this subsection in evaluating the safety and cost-
     effectiveness of utilizing different crash cushion designs 
     and determining whether redirective or nonredirective crash 
     cushions or other safety appurtenances should be installed at 
     specific highway locations.
     Subtitle B--Hazardous Materials Transportation Reauthorization

     SEC. 3201. FINDINGS AND PURPOSES; DEFINITIONS.

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

     ``Sec. 5101. Findings and purposes

       ``(a) Findings.--Congress finds with respect to hazardous 
     materials transportation that--
       ``(1) approximately 4,000,000,000 tons of regulated 
     hazardous materials are transported each year and that 
     approximately 1,000,000 movements of hazardous materials 
     occur each day, according to 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 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 1 employee; and
       ``(B) performs a function, or uses at least 1 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), respectively;
       (5) by inserting after paragraph (8) the following:
       ``(9) `out-of-service order' means a mandate that an 
     aircraft, vessel, motor vehicle, train,

[[Page S2059]]

     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 ``, 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. 3202. 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. 3203. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

       Section 5107(f)(2) is amended by striking ``and section 
     5106, and subsections (a) through (g)(1) and (h) of section 
     5108(a), and 5109 of this title''.

     SEC. 3204. 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. 3205. SHIPPING PAPER RETENTION.

       Section 5110(e) is amended by striking the first sentence 
     and inserting ``After expiration of the requirement in 
     subsection (c), the person who provided the shipping paper 
     and the carrier required to maintain it under subsection (a) 
     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. 3206. PUBLIC SECTOR TRAINING CURRICULUM.

       Section 5115 is amended--
       (1) in subsection (a), by striking ``Development and 
     Updating.--Not later than November 16, 1992, in'' and 
     inserting ``Updating.--In'';
       (2) in the first sentence of subsection (a), by striking 
     ``develop and'';
       (3) in subsection (a), by striking the second sentence;
       (4) in the first sentence of subsection (b), by striking 
     ``developed'';
       (5) in subparagraphs (A) and (B) of subsection (b)(1), by 
     inserting ``or involving an alternative fuel vehicle'' after 
     ``material''; 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. 3207. 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. 3208. SPECIAL PERMITS, PILOT PROGRAMS, AND EXCLUSIONS.

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

     ``Sec. 5117. Special permits, pilot programs, exemptions, and 
       exclusions'';

       (2) by striking ``2 years'' in subsection (a)(2) and 
     inserting ``4 years'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Authority to Carry out Pilot Programs.--
       ``(1) In general.--The Secretary is authorized to carry out 
     pilot programs to examine innovative approaches or 
     alternatives to regulations issued under this chapter for 
     private motor carriage in intrastate transportation of an 
     agricultural production material from--
       ``(A) a source of supply to a farm;
       ``(B) a farm to another farm;
       ``(C) a field to another field on a farm; or
       ``(D) a farm back to the source of supply.
       ``(2) Limitation.--The Secretary may not carry out a pilot 
     program under paragraph (1) if the Secretary determines that 
     the program would pose an undue risk to public health and 
     safety.
       ``(3) Safety levels.--In carrying out a pilot project under 
     this subsection, 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 chapter.
       ``(4) Termination of project.--The Secretary shall 
     immediately terminate any project entered into under this 
     subsection if the motor carrier or other entity to which it 
     applies fails to comply with the terms and conditions of the 
     pilot project or the Secretary determines that the project 
     has resulted in a lower level of safety than was maintained 
     before the project was initiated.
       ``(5) Nonapplication.--This subsection does not apply to 
     the application of regulations issued under this chapter to 
     vessels or aircraft.''.
       (b) Section 5119(c) is amended by adding at the end 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, pilot programs, exemptions, and exclusions.''.

     SEC. 3209. ADMINISTRATION.

       (a) Section 5121 is amended by striking subsections (a), 
     (b), and (c) and redesignating subsections (d) and (e) as 
     subsections (a) and (b), respectively.
       (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 subpoenas, 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--
       ``(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. 3210. COOPERATIVE AGREEMENTS.

       Section 5121, as amended by section 3209(a), is further 
     amended by adding at the end thereof the following:
       ``(f) 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. 3211. ENFORCEMENT.

       Section 5122, as amended by section 3209(b), is further 
     amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``inspect,'' after ``may'';
       (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.''; and
       (3) 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--

[[Page S2060]]

       ``(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. 3212. PENALTIES.

       (a) In General.--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) Degree of Culpability.--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) Criminal Penalty.--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. 3213. PREEMPTION.

       (a) Requirements Contrary to Purposes of Chapter.--Section 
     5125(a)(2) is amended by inserting ``, 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. 3214. JUDICIAL REVIEW.

       (a) In General.--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), a person disclosing a substantial interest in a 
     final order issued, under the authority of section 5122 or 
     5123, 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) Clerical Amendment.--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. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 3214 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 and hazardous 
       waste; 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 and hazardous waste carriers;
       ``(2) to identify and evaluate alternative regulatory 
     methods and procedures that may improve the safety of high 
     risk hazardous material and hazardous waste carriers and 
     shippers, including evaluating whether an annual safety 
     fitness determination that is linked to permit renewals for 
     hazardous material and hazardous waste carriers is warranted;
       ``(3) to examine the safety benefits of increased 
     monitoring of high risk hazardous material and hazardous 
     waste carriers, and the costs, benefits, and procedures of 
     existing State permit programs;
       ``(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 and 
     hazardous waste 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 1998 
     and complete it within 30 months after the date of enactment 
     of that Act.
       ``(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 the Intermodal Transportation Safety 
     Act of 1998.''.
       (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 3214, is amended by striking the 
     item relating to section 5128 and inserting the following:

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

     SEC. 3216. 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:

[[Page S2061]]

       ``(c) Training Curriculum.--Not more than $200,000 is 
     available to the Secretary of Transportation from the account 
     established under section 5116(i) for each of the fiscal 
     years ending September 30, 1999-2003, to carry out section 
     5115.
       ``(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) 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).
       ``(2) Not more than $3,666,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) 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).
       ``(3) Not more than $600,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) 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).''.
            Subtitle C--Comprehensive One-Call Notification

     SEC. 3301. FINDINGS.

       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. 3302. 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 1 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 1998, 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 the 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, 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 
     1998, 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--

[[Page S2062]]

       ``(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 
     1998, 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 
     1998.
       ``(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 table of chapters for subtitle III is amended by 
     adding at the end thereof the following:

``61. One-Call Notification Program.........................6101''.....

       (2) Chapter 601 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), respectively.
                    Subtitle D--Motor Carrier Safety

     SEC. 3401. STATEMENT OF PURPOSES.

       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 improve 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:

``31100. Purposes.''.

     SEC. 3402. GRANTS TO STATES.

       (a) Performance-Based Grants.--Section 31102 is amended--
       (1) in subsection (a), by inserting ``improving motor 
     carrier safety and'' after ``programs for''; and
       (2) in the first sentence of subsection (b)(1), by striking 
     ``adopt and assume responsibility for enforcing'' and 
     inserting ``assume responsibility for improving motor carrier 
     safety and to adopt and enforce''.
       (b) Hazardous Materials.--Section 31102 is amended--
       (1) in subsection (a), by inserting a comma and ``hazardous 
     materials transportation safety,'' after ``commercial motor 
     vehicle safety''; and
       (2) in the first sentence of subsection (b), by inserting 
     ``, hazardous materials transportation safety,'' after 
     ``commercial motor vehicle safety''.
       (c) Contents of State Plans.--Section 31102(b)(1) is 
     amended--
       (1) by redesignating subparagraphs (A) through (Q) as 
     subparagraphs (B) through (R), respectively;
       (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)'';
       (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;'';
       (5) in subparagraph (P), as redesignated, by striking 
     ``activities--'' and inserting ``activities in support of 
     national priorities and performance goals including--'';
       (6) in clause (i) of subparagraph (P), as redesignated, by 
     striking ``to remove'' and inserting ``activities aimed at 
     removing''; and
       (7) in clause (ii) of subparagraph (P), as redesignated, by 
     striking ``to provide'' and inserting ``activities aimed at 
     providing''.

     SEC. 3403. 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. 3404. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 31104(a) is amended to read as 
     follows:
       ``(a) In General.--Subject to section 9503(c)(1) of the 
     Internal Revenue Code of 1986, 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) $100,000,000 for the fiscal year ending September 30, 
     1999;
       ``(3) $97,000,000 for the fiscal year ending September 30, 
     2000;
       ``(4) $94,000,000 for the fiscal year ending September 30, 
     2001;
       ``(5) $90,500,000 for the fiscal year ending September 30, 
     2002; and
       ``(6) $90,500,000 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).''.
       (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

[[Page S2063]]

     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) not less than 5 percent of such amounts for 
     activities and projects of national priority for the 
     improvement of commercial motor vehicle safety; and
       ``(B) not less than 5 percent of such amounts to reimburse 
     States for border commercial motor vehicle safety programs 
     and enforcement activities and projects.
     The amounts referred to in subparagraph (B) 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. 3405. 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 accurate 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 Federal and State 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 Federal and State 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 
     this paragraph. The Secretary may authorize the operation of 
     the information system by contract, through an agreement with 
     1 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 this 
     paragraph, 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 employers, 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 that the Secretary deems appropriate.
       ``(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. 3406. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

       The Secretary of Transportation shall carry out a pilot 
     program in cooperation with 1 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.

     SEC. 3407. 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 1998, 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 Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives 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. 3408. AUTHORIZATION OF APPROPRIATIONS.

       Section 31107 is amended to read as follows:

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

       ``(a) In General.--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--
       ``(1) $10,000,000 for fiscal year 1998;
       ``(2) $9,620,000 for fiscal year 1999;
       ``(3) $9,620,000 for fiscal year 2000;
       ``(4) $9,620,000 for fiscal year 2001;
       ``(5) $9,320,000 for fiscal year 2002; and
       ``(6) $9,320,000 for fiscal year 2003.
       ``(b) Availability.--The amounts made available under this 
     subsection shall remain available until expended.''.

     SEC. 3409. 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. 3410. 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. 3411. 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--

[[Page S2064]]

       ``(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 heading 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.''.
       (c) Inspection of Vehicles.--
       (1) Section 31142 is amended--
       (A) in subsection (a), by striking ``part 393 of title 49, 
     Code of Federal Regulations'' 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), as amended by section 3402(c)(1), 
     is amended--
       (A) by striking ``and'' at the end of subparagraph (Q);
       (B) by striking ``thereunder.'' in subparagraph (R) and 
     inserting ``thereunder; and''; and
       (C) by adding at the end thereof the following:
       ``(S) 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.''.
       (d) Safety Fitness of Owners and Operators.--Section 31144 
     is amended to read as follows:

     ``Sec. 31144. 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); 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, a motor carrier that fails to 
     meet the safety fitness requirements established under 
     subsection (a) 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 final 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.''.
       (e) 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 heading 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 inserting ``failed to meet 
     the safety fitness requirements''; and
       (E) by striking ``Ratings''  in the heading 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 heading 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 chapter 51 is amended by 
     striking the item relating to section 5113 and inserting the 
     following:

``5113. Safety fitness of passenger and hazardous material carriers.''.
       (f) Definitions.--
       (1) Section 31101(1) is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``or gross vehicle weight, whichever is 
     greater,'' after ``rating''; and
       (ii) by striking ``10,000'' and inserting ``10,001'';
       (B) in subparagraph (B), by striking ``driver; or'' 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) in subparagraph (C), by inserting ``and transported in 
     a quantity requiring placarding under regulations prescribed 
     by the Secretary under section 5103'' after ``title''.
       (2) Section 31132 is amended--
       (A) in paragraph (1)(A), by inserting ``or gross vehicle 
     weight, whichever is greater,'' after ``rating''; 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.''.
       (g) 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 Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives 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.
       (h) 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. 3412. 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:


[[Page S2065]]


``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) in subsection (a), by striking ``make an agreement 
     under subsection (b) of this section for the operation of, or 
     establish under subsection (c) of this section,'' and 
     inserting ``maintain'';
       (2) by 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) in subsection (c), as redesignated--
       (A) by inserting after the heading the following: 
     ``Information about a driver in the information system may be 
     made available under the following circumstances:''; and
       (B) 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) in subsection (a), by striking ``, (2), (5), and (6)'' 
     and inserting ``(3), and (5)'';
       (2) in subsections (a) and (b), by striking ``1992'' each 
     place it appears and inserting ``1995'';
       (3) in subsection (c), by striking paragraph (1);
       (4) in subsection (c)(2), by striking ``(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) in paragraph (4)(A), by inserting ``or gross vehicle 
     weight, whichever is greater,'' after ``rating'' each place 
     it appears; and
       (2) in paragraph (4)(C)(ii), by inserting ``is'' 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 
     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).
       ``(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 chapter 
     5 is amended by inserting after the item relating to section 
     507 the following:

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

     SEC. 3413. 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 that 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 
     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. 3414. 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. 3415. 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 not later than 
     36 months after the date of enactment of this Act.

     SEC. 3416. APPLICATION OF REGULATIONS.

       (a) Application of Regulations to Certain Commercial Motor 
     Vehicles.--Section 31135 as redesignated, is amended by 
     adding at the end the following:
       ``(g) Application to Certain Vehicles.--Effective 12 months 
     after the date of enactment of the Intermodal Transportation 
     Safety Act of 1998, 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

[[Page S2066]]

     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 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 1998, 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.''.
       (2) The analysis for chapter 313 is amended by adding at 
     the end the following:

``31318. Application of regulations to certain operators.''.
       (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. 3417. 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. 3418. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

       The Department of Transportation shall maintain the level 
     of Federal motor carrier safety investigators for 
     international 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. 3419. 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.--Not later than 120 days after the date of 
     enactment this Act, the Secretary of Transportation shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives 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. 3420. 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 safety review 
     procedures and findings, and may assist the Secretary in 
     timely completion of ongoing rulemakings by utilizing 
     negotiated rulemaking procedures.

     SEC. 3421. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.

       (a) Waivers, Exemptions, and Pilot Programs for Chapters 
     311 and 315.--Section 31136(e) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6), respectively; and
       (2) by striking the subsection heading 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 1998, 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 
     subchapter or chapter 315; 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.
       ``(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 subchapter or chapter 315 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 be obtained in the absence of the 
     waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for nonemergency 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 
     subchapter or chapter 315 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 be obtained 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 be obtained 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 chapter or chapter 315.
       ``(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 subchapter or 
     chapter 315.
       ``(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 
     subchapter or chapter 315; 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 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 1998, 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 chapter; 
     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 chapter 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 be obtained in the absence of the waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for nonemergency 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 chapter 
     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 be obtained 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 be obtained in the absence of the 
     extension.
       ``(4) Pilot programs.--
       ``(A) In general.--In carrying out this section, the 
     Secretary is authorized to carry out

[[Page S2067]]

     pilot programs to examine innovative approaches or 
     alternatives to regulations issued under this chapter.
       ``(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 chapter.
       ``(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 chapter; 
     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. 3422. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.

       (a) In General.--The Secretary 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 
     Congress a report on the results of the study, together with 
     any related legislative or administrative recommendations. 
     Until the Secretary transmits the report to 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. 3423. 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.

     SEC. 3424. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY 
                   SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS.

       (a) In General.--Section 31502 is amended by adding at the 
     end the following new subsection:
       ``(e) Exception.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, regulations promulgated under this section or section 
     31136 regarding--
       ``(A) maximum driving and on-duty times applicable to 
     operators of commercial motor vehicles;
       ``(B) physical testing, reporting, or recordkeeping; and
       ``(C) the installation of automatic recording devices 
     associated with establishing the maximum driving and on-duty 
     times referred to in subparagraph (A),
     shall not apply to any driver of a utility service vehicle 
     during an emergency period of not more than 30 days declared 
     by an elected State or local government official under 
     paragraph (2) in the area covered by the declaration.
       ``(2) Declaration of Emergency.--The regulations described 
     in subparagraphs (A), (B), and (C) of paragraph (1) do not 
     apply to the driver of a utility service vehicle operated--
       ``(A) in the area covered by an emergency declaration under 
     this paragraph; and
       ``(B) for a period of not more than 30 days designated in 
     that declaration,
     issued by an elected State or local government official (or 
     jointly by elected officials of more than one State or local 
     government), after notice to the Regional Director of the 
     Federal Highway Administration with jurisdiction over the 
     area covered by the declaration.
       ``(3) Incident report.--Within 30 days after the end of the 
     declared emergency period the official who issued the 
     emergency declaration shall file with the Regional Director a 
     report of each safety-related incident or accident that 
     occurred during the emergency period involving--
       ``(A) a utility service vehicle driver to which the 
     declaration applied; or
       ``(B) a utility service vehicle to the driver of which the 
     declaration applied.
       ``(4) Definitions.--For purposes of this subsection--
       ``(A) Driver of a utility service vehicle.--The term 
     `driver of a utility service vehicle' means any driver who is 
     considered to be a driver of a utility service vehicle for 
     purposes of section 345(a)(4) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note).
       ``(B) Utility service vehicle.--The term `utility service 
     vehicle' has the meaning given that term in section 345(e)(6) 
     of the National Highway System Designation Act of 1995 (49 
     U.S.C. 31136 note).''.
       (b) Continued Application of Safety and Maintenance 
     Requirements.--
       (1) In general.--The amendment made by subsection (a) may 
     not be construed--
       (A) to exempt any utility service vehicle from compliance 
     with any applicable provision of law relating to vehicle 
     mechanical safety, maintenance requirements, or 
     inspections; or
       (B) to exempt any driver of a utility service vehicle from 
     any applicable provision of law (including any regulation) 
     established for the issuance, maintenance, or periodic 
     renewal of a commercial driver's license for that driver.
       (2) Definitions.--For purposes of this subsection--
       (A) Commercial driver's license.--The term ``commercial 
     driver's license'' has the meaning given that term in section 
     31301(3) of title 49, United States Code.
       (B) Driver of a utility service vehicle.--The term ``driver 
     of a utility service vehicle'' has the meaning given that 
     term in section 31502(e)(2)(A) of title 49, United States 
     Code, as added by subsection (a).
       (C) Regulation.--The term ``regulation'' has the meaning 
     given that term in section 31132(6) of title 49, United 
     States Code.
       (D) Utility service vehicle.--The term ``utility service 
     vehicle'' has the meaning given that term in section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note).

     SEC. 3425. SCHOOL TRANSPORTATION SAFETY.

       (a) Study.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into an agreement with the Transportation Research Board of 
     the National Academy of Sciences to conduct, subject to the 
     availability of appropriations, a study of the safety issues 
     attendant to the transportation of school children to and 
     from school and school-related activities by various 
     transportation modes.
       (b) Terms of Agreement.--The agreement under subsection (a) 
     shall provide that--
       (1) the Transportation Research Board, in conducting the 
     study, shall consider--
       (A) in consultation with the National Transportation Safety 
     Board, the Bureau of Transportation Statistics, and other 
     relevant entities, available crash injury data;
       (B) vehicle design and driver training requirements, 
     routing, and operational factors that affect safety; and
       (C) other factors that the Secretary considers to be 
     appropriate;
       (2) if the data referred to in paragraph (1)(A) is 
     unavailable or insufficient, the Transportation Research 
     Board shall recommend a new data collection regimen and 
     implementation guidelines; and
       (3) a panel shall conduct the study and shall include--
       (A) representatives of--
       (i) highway safety organizations;
       (ii) school transportation; and
       (iii) mass transportation operators;
       (B) academic and policy analysts; and
       (C) other interested parties.
       (c) Report.--Not later than 12 months after the Secretary 
     enters into an agreement under subsection (a), the Secretary 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that contains the results of the 
     study.
       (d) Authorization.--There are authorized to be appropriated 
     to the Department of Transportation to carry out this 
     section--
       (1) $200,000 for fiscal year 1999; and
       (2) $200,000 for fiscal year 2000.
    Subtitle E--Rail and Mass Transportation Anti-Terrorism; Safety

     SEC. 3501. PURPOSE.

       The purpose of this subtitle 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. 3502. 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 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

[[Page S2068]]

     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 that 
     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 
     20 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; except that 
     whoever is convicted of any crime prohibited by this 
     subsection shall be--
       ``(A) imprisoned for not less than 30 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 1 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.
       ``(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 
     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 20 years if 
     the offense has resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given that term in 
     section 921(a)(4) of this title;
       ``(2) `dangerous weapon'' has the meaning given that term 
     in section 930 of this title;
       ``(3) `destructive substance'' has the meaning given 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 that term in section 
     921 of this title;
       ``(5) `hazardous material' has the meaning given that term 
     in section 5102(2) of title 49, United States Code;
       ``(6) `high-level radioactive waste' has the meaning given 
     that term in section 10101(12) of title 42, United States 
     Code;
       ``(7) `railroad' has the meaning given that term in section 
     20102(1) of title 49, United States Code;
       ``(8) `railroad carrier' has the meaning given that term in 
     section 20102(2) of title 49, United States Code;
       ``(9) `serious bodily injury' has the meaning given that 
     term in section 1365 of this title;
       ``(10) `spent nuclear fuel' has the meaning given that term 
     in section 10101(23) of title 42, United States Code; and
       ``(11) `State' has the meaning given 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 as follows:

``1992. Terrorist attacks against railroads.''.

     SEC. 3503. 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;
       ``(5) interferes with, disables, or incapacitates any 
     driver or person while that driver or person is 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 20 years, or both, if such act is committed, or 
     in the case of a threat or conspiracy such act would be

[[Page S2069]]

     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 1 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 20 years if the offense has 
     resulted in the death of any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given that term in 
     section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given that term in 
     section 930 of this title;
       ``(3) `destructive substance' has the meaning given 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 that term in section 
     921 of this title;
       ``(5) `mass transportation' has the meaning given 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 that 
     term in section 1365 of this title; and
       ``(7) `State' has the meaning given 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. 3504. 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. 3505. 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. 3506. RAILROAD ACCIDENT AND INCIDENT REPORTING.

       Section 20901(a) is amended to read as follows:
       ``(a) General Requirements.--On a periodic basis, not more 
     frequently 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. 3507. 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''.
              Subtitle F--Sportfishing and Boating Safety

     SEC. 3601. 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. 3602. 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 heading;
       (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;
       (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 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 sportfishing, 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), respectively;
       (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 1999;
       ``(2) $6,000,000 for fiscal year 2000;
       ``(3) $7,000,000 for fiscal year 2001;
       ``(4) $8,000,000 for fiscal year 2002; and
       ``(5) $10,000,000 for fiscal year 2003;

     shall be used for the National Outreach and Communications 
     Program under section 8(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

[[Page S2070]]

     that program may be expended by the Secretary under 
     subsection (e).'';
       (3) in subsection (d), as redesignated, by inserting ``, 
     for an outreach and communications program'' after ``Act'';
       (4) in subsection (d), as redesignated, by striking 
     ``subsections (a) and (b),'' and inserting ``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 8(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) in subsection (e), as redesignated, by striking 
     ``subsections (a), (b), and (c),'' 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 
     1998, 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 4 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. 3603. 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.--In fiscal year 1998, an amount 
     equal to $20,000,000 of the balance remaining after the 
     distribution under subsection (a) shall be transferred to the 
     Secretary of Transportation and shall be expended for State 
     recreational boating safety programs under section 
     13106(a)(1) 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 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 3604(d) of the 
     Intermodal Transportation Safety Act of 1998; 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) Transfer of certain funds.--Amounts available under 
     subparagraphs (A) and (B) of paragraphs (1) and (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. 3604. 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 3602, 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 
     1998, 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)(2)(B) 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. 777c(b)(2)(B)) 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
       (3) ``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.

     SEC. 3605. BOAT SAFETY FUNDS.

       (a) Availability of Allocations.--Section 13104(a) of title 
     46, United States Code, is amended--
       (1) in paragraph (1), by striking ``3 years'' and inserting 
     ``2 years''; and
       (2) in paragraph (2), by striking ``3-year'' 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)(2) 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

[[Page S2071]]

     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 section. 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 heading 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.''.
                       Subtitle G--Miscellaneous

     SEC. 3701. LIGHT DENSITY RAIL LINE PILOT PROJECTS.

       (a) In General.--Part B of subtitle V is amended by adding 
     at the end the following new chapter:

         ``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS

``Sec.
``22301. Light density rail line pilot projects.

     ``Sec. 22301. Light density rail line pilot projects

       ``(a) Grants.--The Secretary of Transportation may make 
     grants to States that have State rail plans described in 
     section 22102 (1) and (2) to fund pilot projects that 
     demonstrate the relationship of light density railroad 
     services to the statutory responsibilities of the Secretary, 
     including those under title 23.
       ``(b) Limitations.--Grants under this section may be made 
     only for pilot projects for making capital improvements to, 
     and rehabilitating, publicly and privately owned rail line 
     structures, and may not be used for providing operating 
     assistance.
       ``(c) Private Owner Contributions.--Grants made under this 
     section for projects on privately owned rail line structures 
     shall include contributions by the owner of the rail line 
     structures, based on the benefit to those structures, as 
     determined by the Secretary.
       ``(d) Study.--The Secretary shall conduct a study of the 
     pilot projects carried out with grant assistance under this 
     section to determine the public interest benefits associated 
     with the light density railroad networks in the States and 
     their contribution to a multimodal transportation system. Not 
     later than March 31, 2003, the Secretary shall report to 
     Congress any recommendations the Secretary considers 
     appropriate regarding the eligibility of light density rail 
     networks for Federal infrastructure financing.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section $10,000,000 for each of the fiscal years 1998, 
     1999, 2000, 2001, 2002, and 2003. Such funds shall remain 
     available until expended.''.
       (b) Clerical Amendment.--The table of chapters for subtitle 
     V is amended by inserting after the item relating to chapter 
     221 the following new item:

``223. Light Density Rail Line Pilot Projects.............22301.''.....

     SEC. 3702. SECTION 1407.

       (a) Strike section 1407 of the bill.
       (b) In the table of sections for the bill, strike the item 
     relating to section 1407.

     SEC. 3703. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

       (a) Commercial Zone Defined.--Notwithstanding the 
     provisions of section 13902(c)(4)(A) of title 49, United 
     States Code, in this section, for the transportation of 
     property only, the term ``commercial zone'' means a zone 
     containing lands adjacent to, and commercially a part of, one 
     or more municipalities with respect to which the exception 
     described in section 13506(b)(1) of title 49, United States 
     Code, applies.
       (b) Designation of Zone.--
       (1) In general.--The area described in paragraph (2) is 
     designated as a commercial zone, to be known as the ``New 
     Mexico Commercial Zone''.
       (2) Description of area.--The area described in this 
     paragraph is the area that is comprised of Dona Ana County 
     and Luna County in New Mexico.
       (c) Savings Provision.--Nothing in this section shall 
     affect any action commenced or pending before the Secretary 
     of Transportation or Surface Transportation Board before the 
     date of enactment of this Act.
            TITLE IV--OZONE AND PARTICULATE MATTER STANDARDS

     SEC. 4101. FINDINGS AND PURPOSE.

       (a) The Congress finds that--
       (1) there is a lack of air quality monitoring data for fine 
     particle levels, measured as PM2.5, in the United 
     States and the States should receive full funding for the 
     monitoring efforts;
       (2) such data would provide a basis for designating areas 
     as attainment or nonattainment for any PM2.5 
     national ambient air quality standards pursuant to the 
     standards promulgated in July 1997;
       (3) the President of the United States directed the 
     Administrator in a memorandum dated July 16, 1997, to 
     complete the next periodic review of the particulate matter 
     national ambient air quality standards by July 2002 in order 
     to determine ``whether to revise or maintain the standards'';
       (4) the Administrator has stated that 3 years of air 
     quality monitoring data for fine particle levels, measured as 
     PM2.5 and performed in accordance with any 
     applicable Federal reference methods, is appropriate for 
     designating areas as attainment or nonattainment pursuant to 
     the July 1997 promulgated standards; and
       (5) the Administrator has acknowledged that in drawing 
     boundaries for attainment and nonattainment areas for the 
     July 1997 ozone national air quality standards, Governors 
     would benefit from considering implementation guidance from 
     EPA on drawing area boundaries.
       (b) The purposes of this title are--
       (1) to ensure that 3 years of air quality monitoring data 
     regarding fine particle levels are gathered for use in the 
     determination of area attainment or nonattainment 
     designations respecting any PM2.5 national ambient 
     air quality standards;
       (2) to ensure that the Governors have adequate time to 
     consider implementation guidance from EPA on drawing area 
     boundaries prior to submitting area designations respecting 
     the July 1997 ozone national ambient air quality standards;
       (3) to ensure that implementation of the July 1997 
     revisions of the ambient air quality standards are consistent 
     with the purposes of the President's Implementation 
     Memorandum dated July 16, 1997.

     SEC. 4102. PARTICULATE MATTER MONITORING PROGRAM.

       (a) Through grants under section 103 of the Clean Air Act 
     the Administrator of the Environmental Protection Agency 
     shall use appropriated funds no later than fiscal year 2000 
     to fund 100 percent of the cost of the establishment, 
     purchase, operation and maintenance of a PM2.5 
     monitoring network necessary to implement the national 
     ambient air quality standards for PM2.5 under 
     section 109 of the Clean Air Act. This implementation shall 
     not result in a diversion or reprogramming of funds from 
     other Federal, State or local Clean Air Act activities. Any 
     funds previously diverted or reprogrammed from section 105 
     Clean Air Act grants for PM2.5 monitors must be 
     restored to State or local air programs in fiscal year 1999.
       (b) EPA and the States shall ensure that the national 
     network (designated in subsection (a)) which consists of the 
     PM2.5 monitors necessary to implement the national 
     ambient air quality standards is established by December 31, 
     1999.
       (c) The Governors shall be required to submit designations 
     for each area following promulgation of the July 1997 
     PM2.5 national ambient air quality standard within 
     1 year after receipt of 3 years of air quality monitoring 
     data performed in accordance with any applicable Federal 
     reference methods for the relevant areas. Only data from the 
     monitoring network designated in subsection (a) and other 
     Federal reference method PM2.5 monitors shall be 
     considered for such designations. In reviewing the State 
     Implementation Plans the Administrator shall consider all 
     relevant monitoring data regarding transport of 
     PM2.5.
       (d) The Administrator shall promulgate designations of 
     nonattainment areas no later than 1 year after the initial 
     designations required under subsection (c) are required to be 
     submitted. Notwithstanding the previous sentence, the 
     Administrator shall promulgate such designations not later 
     than December 31, 2005.
       (e) The Administrator shall conduct a field study of the 
     ability of the PM2.5 Federal Reference Method to 
     differentiate those particles that are larger than 2.5 
     micrograms in diameter. This study shall be completed and 
     provided to Congress no later than 2 years from the date of 
     enactment of this legislation.

     SEC. 4103. OZONE DESIGNATION REQUIREMENTS.

       (a) The Governors shall be required to submit designations 
     of nonattainment areas within 2 years following the 
     promulgation of the July 1997 ozone national ambient air 
     quality standards.
       (b) The Administrator shall promulgate final designations 
     no later than 1 year after the designations required under 
     subsection (a) are required to be submitted.

     SEC. 4104. ADDITIONAL PROVISIONS.

       Nothing in sections 4101-4103 shall be construed by the 
     Administrator of Environmental Protection Agency or any 
     court, State, or person to affect any pending litigation or 
     to be a ratification of the ozone or PM2.5 
     standards.
                         TITLE V--MASS TRANSIT

     SEC. 5001. SHORT TITLE.

       This title may be cited as the ``Federal Transit Act of 
     1998''.

     SEC. 5002. AUTHORIZATIONS.

       (a) In General.--Section 5338 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5338. Authorizations

       ``(a) Sections 5303-5308, 5310, 5311, 5313, 5314, 5317, 
     5320, 5320a, 5327, and 5334 (a) and (c).--
       ``(1) Mass transit account amounts.--Not more than the 
     following amounts are available to the Secretary from the 
     Account to carry out sections 5303 through 5308, 5310, 5311, 
     5313, 5314, 5317, 5320, 5320a, 5327, and subsections (a) and 
     (c) of section 5334:
       ``(A) $2,698,790,000 for fiscal year 1998.
       ``(B) $2,773,934,000 for fiscal year 1999.
       ``(C) $2,849,079,000 for fiscal year 2000.
       ``(D) $2,925,965,000 for fiscal year 2001.
       ``(E) $3,004,667,000 for fiscal year 2002.
       ``(F) $3,085,725,000 for fiscal year 2003.
       ``(2) Other amounts.--In addition to amounts made available 
     under paragraph (1), not more than the following amounts may 
     be appropriated to the Secretary to carry out section 5303 
     through 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5320a, 
     5327, and subsections (a) and (c) of section 5334:
       ``(A) $738,000,000 for fiscal year 1998.
       ``(B) $756,000,000 for fiscal year 1999.
       ``(C) $774,000,000 for fiscal year 2000.
       ``(D) $793,000,000 for fiscal year 2001.
       ``(E) $812,000,000 for fiscal year 2002.
       ``(F) $832,000,000 for fiscal year 2003.
       ``(b) Section 5309.--Not more than the following amounts 
     are available to the Secretary from the Account to carry out 
     section 5309:

[[Page S2072]]

       ``(1) $2,221,210,000 for fiscal year 1998.
       ``(2) $2,278,770,000 for fiscal year 1999.
       ``(3) $2,340,501,000 for fiscal year 2000.
       ``(4) $2,403,661,000 for fiscal year 2001.
       ``(5) $2,468,315,000 for fiscal year 2002.
       ``(6) $2,534,904,000 for fiscal year 2003.
       ``(c) Section 5315.--
       ``(1) In general.--The Secretary shall make available in 
     equal amounts from amounts provided under paragraphs (3) and 
     (4) of subsection (g) of this section, not more than 
     $4,000,000 for each of fiscal years 1998 through 2003, to 
     carry out section 5315.
       ``(2) Workplace safety.--Not more than $1,000,000 shall be 
     appropriated to the Secretary for each of fiscal years 1998 
     through 2003, to carry out section 5315(a)(15).
       ``(d) Section 5316.--Not more than the following amounts 
     may be appropriated to the Secretary from the Fund (other 
     than from the Account) for each of fiscal years 1998 through 
     2003:
       ``(1) $250,000 to carry out section 5316(a).
       ``(2) $3,000,000 to carry out section 5316(b).
       ``(3) $1,000,000 to carry out section 5316(c).
       ``(4) $1,000,000 to carry out section 5316(d).
       ``(5) $1,000,000 to carry out section 5316(e).
       ``(e) Section 5317.--Not more than $6,000,000 is available 
     to the Secretary from the Fund (other than from the Account) 
     for each of fiscal years 1998 through 2003, to carry out 
     section 5317.
       ``(f) Section 5307.--Amounts remaining available for each 
     fiscal year under subsection (a) of this section, after 
     allocation under subsections (g), (h), and (i)(2) of this 
     section, are available to carry out section 5307.
       ``(g) Planning, Programming, and Research.--In each fiscal 
     year, before apportioning amounts made available or 
     appropriated under subsection (a) of this section, an amount 
     equal to 3 percent of amounts made available or appropriated 
     under subsections (a) and (b), less the amounts authorized 
     for purposes of section 5320a, of this section is available 
     as follows:
       ``(1) 45 percent for metropolitan planning activities under 
     section 5303(g).
       ``(2) 5 percent to carry out section 5311(b)(2).
       ``(3) 20 percent to carry out State programs under section 
     5313.
       ``(4) 30 percent to carry out the national program under 
     section 5314.
       ``(h) Other Set-Asides.--In each fiscal year, before 
     apportioning amounts made available or appropriated under 
     subsection (a) of this section, of amounts made available or 
     appropriated under subsections (a) and (b), less the amounts 
     authorized for purposes of section 5320a, of this section--
       ``(1) not more than 0.96 percent is available for 
     administrative expenses to carry out subsections (a) and (c) 
     through (f) of section 5334;
       ``(2) not more than 1.34 percent is available for 
     transportation services to elderly individuals and 
     individuals with disabilities under the formula under section 
     5310(a); and
       ``(3) $6,000,000 is available to carry out section 5317 for 
     each of fiscal years 1998 through 2003.
       ``(i) Limitations.--Of amounts made available--
       ``(1) under subsection (a)(2), less the amounts authorized 
     for purposes of section 5320a, of this section--
       ``(A) 3.5 percent may be used to finance programs and 
     activities, including administrative costs, under section 
     5310;
       ``(B) to finance research, development, and demonstration 
     projects under section 5312(a), 1.5 percent may be used to 
     increase the information and technology available to provide 
     improved mass transportation service and facilities planned 
     and designed to meet the special needs of elderly individuals 
     and individuals with disabilities; and
       ``(C) not more than 12.5 percent may be used for grants to 
     any 1 State under section 5312(c)(2);
       ``(2) under subsection (a) of this section, less the 
     amounts authorized for purposes of section 5320a, 5.5 percent 
     of the amount remaining available each year, after allocation 
     under subsections (g) and (h) of this section, is available 
     under the formula under section 5311; and
       ``(3) under section 5309(m)(1)(C), the lesser of $3,000,000 
     or an amount that the Secretary determines is necessary for 
     each fiscal year is available to carry out section 5318 for 
     each of fiscal years 1998 through 2003.
       ``(j) Grants as Contractual Obligations.--
       ``(1) Federal obligations.--A grant or contract approved by 
     the Secretary that is financed with amounts made available 
     under subsection (a)(1), (b), (c), (d), or (e) of this 
     section, is a contractual obligation of the United States 
     Government to pay the Government's share of the cost of the 
     project.
       ``(2) Appropriations limitation.--A grant or contract 
     approved by the Secretary that is financed with amounts made 
     available under subsection (a)(2) of this section, is a 
     contractual obligation of the United States Government to pay 
     the Government's share of the cost of the project, only to 
     the extent that amounts are provided in advance in an 
     appropriations Act.
       ``(k) Early Appropriations and Availability of Amounts.--
       ``(1) Early appropriation.--Amounts appropriated under 
     subsection (a)(2) of this section to carry out section 5311 
     may be appropriated in the fiscal year before the fiscal year 
     in which the appropriation is available for obligation.
       ``(2) Availability of amounts.--Amounts made available or 
     appropriated under subsections (a), (b), and (g), paragraphs 
     (1) and (2) of subsection (h), and subsection (i)(2) of this 
     section shall remain available until expended.
       ``(l) Section 5308.--In each fiscal year, before 
     apportioning or allocating amounts made available or 
     appropriated under subsections (a) and (b), of amounts made 
     available or appropriated under subsections (a) or (b) of 
     this section, not more than $200,000,000 is available to 
     carry out section 5308, with $100,000,000 made available from 
     amounts made available from amounts provided under subsection 
     (a)(2) of this section and $100,000,000 made available from 
     amounts provided under subsection (b) of this section.
       ``(m) Section 5320a.--In each fiscal year, before 
     apportioning amounts made available or appropriated under 
     subsection (a), of amounts appropriated under subsection 
     (a)(2) of this section, not more than $250,000,000 is 
     available to carry out section 5320a.
       ``(n) Transit Equity Program.--
       ``(1) In general.--The purpose of this subsection is to 
     further the national interest by providing proportional 
     increases in funding for national mass transit programs, 
     commensurate with increases in national highway programs, in 
     order to ensure balanced improvement in the national 
     intermodal transportation system.
       ``(2) Funding.--There are authorized to be appropriated to 
     carry out this subsection, from the General Fund of the 
     Treasury of the United States, the following amounts:
       ``(A) $1,000,000,000 for fiscal year 1999.
       ``(B) $1,000,000,000 for fiscal year 2000.
       ``(C) $1,000,000,000 for fiscal year 2001.
       ``(D) $1,000,000,000 for fiscal year 2002.
       ``(E) $1,000,000,000 for fiscal year 2003.
       ``(3) Eligible uses.--Amounts made available to carry out 
     this subsection shall be available for capital projects 
     eligible under sections 5307, 5309, 5310, and 5311, including 
     meeting obligations of the United States associated with 
     multiyear funding commitments, full funding grant agreements 
     under section 5309, and innovative financing activities.
       ``(4) Contingent commitment authority.--Notwithstanding 
     subsection (g)(4) of section 5309, the total estimated amount 
     of future obligations of the Government and contingent 
     commitments to incur obligations covered by all outstanding 
     letters of intent and full financing grant agreements may be 
     greater than the amounts authorized under subsection (b) of 
     this section by an amount equal to not more than the amount 
     authorized to be appropriated under paragraph (6) of this 
     subsection as of the end of fiscal year 2003.
       ``(5) Fixed guideway modernization.--In addition to amounts 
     authorized in section 5338(b), the following amounts are 
     authorized to be appropriated to the Secretary, to be added 
     to amounts allocated under section 5309(m)(1)(A) for fixed 
     guideway modernization:
       ``(A) $100,000,000 for fiscal year 1999.
       ``(B) $100,000,000 for fiscal year 2000.
       ``(C) $100,000,000 for fiscal year 2001.
       ``(D) $100,000,000 for fiscal year 2002.
       ``(E) $100,000,000 for fiscal year 2003.
       ``(6) Capital projects for fixed guideway systems.--
       ``(A) In general.--In addition to amounts authorized in 
     under subsection (b) of this section, the following amounts 
     are authorized to be appropriated to the Secretary, to be 
     added to amounts allocated under section 5309(m)(1)(B) for 
     capital projects for new fixed guideway systems and 
     extensions to existing fixed guideway systems:
       ``(i) $470,000,000 for fiscal year 1999.
       ``(ii) $470,000,000 for fiscal year 2000.
       ``(iii) $470,000,000 for fiscal year 2001.
       ``(iv) $470,000,000 for fiscal year 2002.
       ``(v) $470,000,000 for fiscal year 2003.
       ``(B) Ferry boat systems.--Not less than 2.8 percent of the 
     amount made available under subparagraph (A) in any fiscal 
     year shall be available for capital projects for existing and 
     new fixed guideway systems that are ferry boats, ferry 
     terminal facilities, that are approaches to ferry terminal 
     facilities in the noncontiguous States.
       ``(7) Buses and related equipment.--In addition to amounts 
     authorized in section 5338(b), the following amounts are 
     authorized to be appropriated to the Secretary, to be added 
     to amounts allocated under section 5309(m)(1)(C) to replace, 
     rehabilitate, and purchase buses and related equipment and to 
     construct bus-related facilities:
       ``(A) $80,000,000 for fiscal year 1999.
       ``(B) $80,000,000 for fiscal year 2000.
       ``(C) $80,000,000 for fiscal year 2001.
       ``(D) $80,000,000 for fiscal year 2002.
       ``(E) $80,000,000 for fiscal year 2003.
       ``(8) Urbanized areas; elderly individuals and disabled 
     individuals.--
       ``(A) In general.--In addition to amounts authorized in 
     section 5338(a) for activities under sections 5307 and 5310, 
     the following amounts are authorized to be appropriated to 
     the Secretary, to be added to amounts made available for 
     activities under section 5307 for urbanized areas and for 
     activities under section 5310 for elderly individuals and 
     individuals with disabilities:
       ``(i) $250,000,000 for fiscal year 1999.
       ``(ii) $250,000,000 for fiscal year 2000.
       ``(iii) $250,000,000 for fiscal year 2001.
       ``(iv) $250,000,000 for fiscal year 2002.
       ``(v) $250,000,000 for fiscal year 2003.
       ``(B) Allocation.--Of the amount appropriated under this 
     paragraph for each fiscal year--
       ``(i) 97 percent is available for activities under section 
     5307; and
       ``(ii) 3 percent is available for activities under section 
     5310.
       ``(9) Other than urbanized areas.--In addition to amounts 
     authorized in section 5338(a) for areas other than urbanized 
     areas, the following amounts are authorized to be 
     appropriated to the Secretary, to be added to amounts made 
     available for assistance for areas other than urbanized areas 
     under section 5311:
       ``(A) $100,000,000 for fiscal year 1999.
       ``(B) $100,000,000 for fiscal year 2000.
       ``(C) $100,000,000 for fiscal year 2001.
       ``(D) $100,000,000 for fiscal year 2002.
       ``(E) $100,000,000 for fiscal year 2003.
       ``(o) Definitions.--In this section--
       ``(1) the term `Account' means the Mass Transit Account of 
     the Highway Trust Fund;

[[Page S2073]]

       ``(2) the term `Fund' means the Highway Trust Fund 
     established under section 9503 of the Internal Revenue Code 
     of 1986; and
       ``(3) the term `Secretary' means the Secretary of 
     Transportation.''.
       (b) Work Agreements as Obligations.--
       Section 5309(g)(3)(B) of title 49, United States Code, is 
     amended by adding at the end the following: ``The work 
     agreement shall state that the work agreement is not an 
     obligation of the Government.''.
       (c) Technical and Conforming Amendments.--Chapter 53 of 
     title 49, United States Code, is amended--
       (1) in section 5318(d), by striking ``5338(j)(5)'' and 
     inserting ``5338(i)(3)''; and
       (2) in section 5333(b)(1), by striking ``5338(j)(5)'' each 
     place that term appears and inserting ``5338(i)(3)''.

     SEC. 5003. CAPITAL PROJECTS AND SMALL AREA FLEXIBILITY.

       (a) In General.--Section 5302 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by inserting ``intelligent 
     transportation systems,'' after ``rights agreements,'';
       (B) in subparagraph (C), by striking ``or'' at the end;
       (C) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(E) preventive maintenance;
       ``(F) the leasing of equipment and facilities for use in 
     mass transportation;
       ``(G) the introduction of new technology, through 
     innovative and improved products, into mass transportation; 
     or
       ``(H) a mass transportation improvement that enhances 
     economic development or incorporates private investment, 
     including commercial and residential development, pedestrian 
     and bicycle access to a mass transportation facility, and the 
     renovation and improvement of historic transportation 
     facilities, because the improvement--
       ``(i) enhances the effectiveness of a mass transportation 
     project and is related physically or functionally to that 
     mass transportation project or establishes new or enhanced 
     coordination between mass transportation and other 
     transportation;
       ``(ii) provides a fair share of revenue for mass 
     transportation that will be used for mass transportation; and
       ``(iii) provides nonfixed route paratransit transportation 
     services in accordance with section 223 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12143);''; and
       (2) by adding at the end the following:
       ``(c) Eligible Costs of Projects That Enhance Urban 
     Economic Development or Incorporate Private Investment.--
     Eligible costs for a capital project described in subsection 
     (a)(1)(H)--
       ``(1) include property acquisition, demolition of existing 
     structures, site preparation, utilities, building 
     foundations, walkways, open space, safety elements (such as 
     lighting, surveillance, and community police and security 
     services) that protect a transit project eligible under this 
     chapter, and a capital project for, and improving, equipment 
     or a facility for an intermodal transfer facility or 
     transportation mall; and
       ``(2) do not include construction of a commercial revenue-
     producing facility or a part of a public facility not related 
     to mass transportation, except that, if such facilities 
     incorporate community services such as daycare, health care, 
     and public safety, the portion of the facilities related to 
     such community services are eligible costs under this 
     chapter.''.
       (b) Small Area Flexibility.--Section 5307(b)(1) of title 
     49, United States Code, is amended by adding at the end the 
     following: ``The Secretary may also make grants under this 
     section to finance the operating cost of equipment and 
     facilities for use in mass transportation in an urbanized 
     area with a population of less than 200,000.''.
       (c) Discretionary Grants and Loans.--Section 5309 of title 
     49, United States Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking subparagraphs (D) and (E); and
       (B) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (D) and (E), respectively; and
       (2) in subsection (f)--
       (A) by striking ``(f)'' and all that follows through ``(1) 
     Each'' and inserting the following:
       ``(f) Required Payments.--Each''; and
       (B) by striking paragraph (2).

     SEC. 5004. METROPOLITAN PLANNING.

       (a) In General.--Section 5303 of title 49, United States 
     Code, is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Development Requirements.--
       ``(1) In general.--To carry out section 5301(a), 
     metropolitan planning organizations designated under 
     subsection (c) of this section, in cooperation with the 
     States and mass transportation operators, shall develop 
     transportation plans and programs for urbanized areas of the 
     State.
       ``(2) Plan contents.--The plans and programs developed 
     under paragraph (1) for each metropolitan area shall provide 
     for the development and integrated management and operation 
     of transportation systems and facilities (including 
     pedestrian walkways and bicycle transportation facilities) 
     that will function as an intermodal transportation system for 
     the metropolitan area and as an integral part of an 
     intermodal transportation system for the State and the United 
     States.
       ``(3) Development process.--The development process for the 
     plans and programs shall provide for consideration of all 
     modes of transportation and shall be continuing, cooperative, 
     and comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(b) Scope of Planning Process.--
       ``(1) In general.--The metropolitan transportation planning 
     process for a metropolitan area under this section and 
     sections 5304 through 5306 shall provide for consideration 
     of--
       ``(A) supporting the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increasing the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increasing the accessibility and mobility options 
     available to people and for freight;
       ``(D) protecting and enhancing the environment, promoting 
     energy conservation and improved quality of life, and 
     coordinating land-use and transportation plans and programs;
       ``(E) enhancing the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(F) promoting efficient system management and operation; 
     and
       ``(G) emphasizing the preservation of the existing 
     transportation system.
       ``(2) Goals.--In cooperation with the State and mass 
     transportation operators, and with opportunity for public 
     review and comment, the metropolitan planning organization 
     shall establish goals that relate to the factors described in 
     paragraph (1), and propose projects, programs, and strategies 
     to achieve those goals.'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) by agreement between the chief executive officer of 
     the State and units of general purpose local government that 
     together represent not less than 60 percent of the affected 
     population (including the central city, as defined by the 
     Bureau of the Census) and 60 percent of such units of 
     government; or'';
       (B) in paragraph (2)--
       (i) by striking ``In a metropolitan area'' and all that 
     follows through ``shall include'' and inserting ``Each policy 
     board of a metropolitan planning organization that serves an 
     area designated as a transportation management area when 
     designated or redesignated under this subsection shall 
     consist of''; and
       (ii) by striking ``officials of authorities'' and inserting 
     ``officials of public agencies'';
       (C) in paragraph (3), by striking ``in an urbanized area'' 
     and all that follows through ``officer decides'' and 
     inserting ``within an existing metropolitan planning area 
     only if the chief executive officer of the State and the 
     existing metropolitan organization determine''; and
       (D) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) by striking ``75'' and inserting ``60''; and
       (II) by striking ``as defined by the Secretary of 
     Commerce)'' and inserting ``or cities, as defined by the 
     Bureau of the Census) and 60 percent of such units of 
     government''; and

       (ii) by adding at the end the following:
       ``(D) Designations of metropolitan planning organizations, 
     whether made under this section or under any other provision 
     of law, shall remain in effect until redesignation under this 
     paragraph.'';
       (3) in subsection (d)--
       (A) by inserting ``(1)'' before ``To carry out this 
     section'';
       (B) by striking ``Secretary of Commerce'' and inserting 
     ``Bureau of the Census'';
       (C) by inserting ``in existence as of the date of enactment 
     of the Intermodal Surface Transportation Efficiency Act of 
     1998'' after ``at least the boundaries of the nonattainment 
     area'';
       (D) by inserting ``, in the manner described in subsection 
     (c)(5)'' before the period at the end; and
       (E) by adding at the end the following:
       ``(2) In the case of an urbanized area classified as a 
     nonattainment area for ozone or carbon monoxide under the 
     Clean Air Act (42 U.S.C. 7401 et seq.) after the date of 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998--
       ``(A) the boundaries of the metropolitan planning area 
     shall be established by agreement between the appropriate 
     units of general purpose local government (including the 
     central city) and the chief executive officer of the State; 
     and
       ``(B) the area shall include at least the urbanized area 
     and the contiguous area expected to become urbanized within 
     the 20-year forecast period, and may include the Metropolitan 
     Statistical Area or Consolidated Metropolitan Statistical 
     Area, as determined by the Bureau of the Census, and any area 
     identified as a nonattainment area for ozone or carbon 
     monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).'';
       (4) in subsection (e)--
       (A) in paragraph (2)--
       (i) by inserting ``or compact'' after ``agreement'' the 
     first place that term appears''; and
       (ii) by striking ``making the agreement effective'' and 
     inserting ``making the agreements and compacts effective''; 
     and
       (B) by adding at the end the following:
       ``(4) To the maximum extent practicable, each metropolitan 
     planning organization shall coordinate with governmental 
     agencies and nonprofit organizations operating within an 
     existing metropolitan planning area that receive assistance 
     from governmental sources (other than the Department of 
     Transportation) to provide nonemergency transportation 
     services. Such governmental agencies and nonprofit 
     organizations shall participate and coordinate with 
     recipients of assistance under this chapter in the design and 
     delivery of transportation services. The purpose of such 
     coordination is to maximize the efficient use of resources 
     and to integrate all such services to ensure accessibility 
     and mobility.''; and
       (5) in subsection (f)--
       (A) in paragraph (1)--

[[Page S2074]]

       (i) in subparagraph (A), by striking ``United States and 
     regional functions'' and inserting ``national, regional, and 
     metropolitan transportation functions'';
       (ii) in subparagraph (B), by striking clause (iii) and 
     inserting the following:
       ``(iii) recommends any additional financing strategies for 
     needed projects and programs;''; and
       (iii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) identify transportation strategies necessary--
       ``(i) to ensure preservation, including requirements for 
     management, operation, modernization, and rehabilitation, of 
     the existing and future transportation system; and
       ``(ii) to use existing transportation facilities most 
     efficiently to relieve congestion, to efficiently serve the 
     mobility needs of people and goods, and to enhance access 
     within the metropolitan planning area; and'';
       (B) in paragraph (2), by striking ``as they are related to 
     a 20-year forecast period'' and inserting ``and any State or 
     local goals developed within the cooperative metropolitan 
     planning process as they relate to a 20-year forecast period 
     and to other forecast periods as determined by the 
     participants in the planning process. In developing long-
     range plans, the metropolitan planning organization shall 
     take into account the impact of all transportation projects 
     and development plans that will affect the transportation 
     system in the metropolitan area, without regard to whether 
     such projects are financed with Federal funds'';
       (C) in paragraph (4), by inserting ``freight shippers,'' 
     after ``employees,''; and
       (D) in paragraph (5)(A), by inserting ``published or 
     otherwise'' before ``made readily available''.
       (b) Metropolitan Transportation Improvement Program.--
     Section 5304 of title 49, United States Code, is amended--
       (1) in subsection (a), in the second sentence, by striking 
     ``the organization'' and inserting ``the metropolitan 
     planning organization, in cooperation with the chief 
     executive officer of the State and any affected mass 
     transportation operator,'';
       (2) in subsection (b)(2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) identifies innovative financing techniques to finance 
     projects, programs, and strategies.''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting ``and the designated 
     recipient under this chapter'' after ``metropolitan planning 
     organization''; and
       (B) by adding at the end the following:
       ``(3) 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 the project is relevant to conformity 
     with the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(4) A transportation improvement program and the annual 
     selection of projects involving Government participation 
     shall be published or otherwise made readily available for 
     public review, identifying federally funded projects, and the 
     estimated costs and locations of those projects.
       ``(5) Regionally significant projects proposed for funding 
     under chapter 2 of title 23 shall be identified individually 
     in the transportation improvement program. All other projects 
     funded under chapter 2 of title 23 shall be grouped in 1 line 
     item or identified individually in the transportation 
     improvement program.''.
       (c) Transportation Management Areas.--Section 5305 of title 
     49, United States Code, is amended--
       (1) in subsection (a), by striking paragraph (2) and 
     inserting the following:
       ``(2) any other area, if requested by the chief executive 
     officer and the metropolitan planning organization designated 
     for the area.'';
       (2) in subsection (b), by inserting ``affected'' before 
     ``mass transportation operators'';
       (3) in subsection (c), by striking ``The Secretary'' and 
     all that follows through the final period;
       (4) in subsection (d)(1)(A)--
       (A) by inserting ``and any affected mass transportation 
     operator'' after ``the State''; and
       (B) by striking ``or under the Bridge and Interstate 
     Maintenance programs'';
       (5) in subsection (d)(1)(B), by striking ``or under the 
     Bridge and Interstate Maintenance programs''; and
       (6) in subsection (e), by striking paragraph (2) and 
     inserting the following:
       ``(2)(A) If a metropolitan planning process is not 
     certified or is certified conditionally, the Secretary may 
     withhold not more than 20 percent of the apportioned funds 
     attributable to the transportation management area under this 
     chapter and title 23, or may establish such other conditions 
     as the Secretary determines to be appropriate.
       ``(B) Any apportionments withheld under subparagraph (A) 
     shall be restored to the metropolitan area at such time as 
     the metropolitan planning organization is certified by the 
     Secretary.''.
       (d) Statewide Planning.--
       (1) In general.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5305 the 
     following:

     ``Sec. 5305a. Statewide planning

       ``(a) Development Requirements.--
       ``(1) In general.--To carry out sections 5303 through 5305 
     of this chapter and section 134 of title 23, each State shall 
     develop transportation plans and programs for all areas of 
     the State, which shall provide for the development and 
     integrated management and operation of transportation systems 
     (including pedestrian walkways and bicycle transportation 
     facilities) that will function as an intermodal State 
     transportation system and an integral part of the intermodal 
     transportation system of the United States.
       ``(2) Specific requirements.--The development of the plans 
     and programs under paragraph (1) shall--
       ``(A) provide for consideration of all modes of 
     transportation; and
       ``(B) be continuing, cooperative, and comprehensive to the 
     degree appropriate, based on the complexity of the 
     transportation problems to be addressed.
       ``(b) Scope of Planning Process.--
       ``(1) In general.--Each State shall carry out a 
     transportation planning process under this section, which 
     shall provide for consideration of--
       ``(A) supporting the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increasing the safety and security of the 
     transportation system for motorized and nonmotorized users;
       ``(C) increasing the accessibility and mobility options 
     available to people and for freight;
       ``(D) protecting and enhancing the environment, promoting 
     energy conservation and improved quality of life, and 
     coordinating land-use and transportation plans and programs;
       ``(E) enhancing the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(F) promoting efficient system management and operation; 
     and
       ``(G) emphasizing the preservation of the existing 
     transportation system.
       ``(2) Goals.--In cooperation with the metropolitan planning 
     organization and mass transportation operators, and with 
     opportunity for public review and comment, the State shall 
     establish goals that relate to the factors described in 
     paragraph (1), and propose projects, programs, and strategies 
     to achieve those goals.
       ``(c) Coordination With Metropolitan Planning; State 
     Implementation Plan.--
       ``(1) In general.--In carrying out the planning under this 
     section, a State shall--
       ``(A) coordinate the planning with the transportation 
     planning activities carried out under sections 5303 through 
     5305 of this chapter and section 134 of title 23, for 
     metropolitan areas of the State;
       ``(B) carry out the responsibilities of the State for the 
     development of the transportation portion of the State air 
     quality implementation plan, to the extent required by the 
     Clean Air Act (42 U.S.C. 7401 et seq.); and
       ``(C) to the maximum extent practicable, coordinate with 
     all other governmental agencies and nonprofit organizations 
     operating within the State planning area that receive 
     assistance from governmental sources (other than the 
     Department of Transportation) to provide nonemergency 
     transportation services.
       ``(2) Participation.--The governmental agencies and 
     nonprofit organizations described in paragraph (1)(C) shall 
     participate and coordinate with recipients of assistance 
     under this chapter in the design and delivery of 
     transportation services.
       ``(3) Purpose of coordination.--The purpose of coordination 
     under this subsection is to maximize the efficient use of 
     resources and to integrate all such services to ensure 
     accessibility and mobility.
       ``(d) Additional Requirements.--In carrying out planning 
     under this section, each State shall, at a minimum, 
     consider--
       ``(1) with respect to nonmetropolitan areas, the concerns 
     of local elected officials representing units of general 
     purpose local government;
       ``(2) the concerns of Indian tribal governments and Federal 
     land management agencies that have jurisdiction over land 
     within the boundaries of the State; and
       ``(3) coordination of transportation plans, programs, and 
     planning activities with related planning activities being 
     carried out outside of metropolitan planning areas.
       ``(e) Long-Range Transportation Plan.--
       ``(1) In general.--Each State shall develop a long-range 
     transportation plan, with a minimum 20-year forecast period, 
     for all areas of the State, that provides for the development 
     and implementation of the intermodal transportation system of 
     the State.
       ``(2) Cooperation.--With respect to each metropolitan area 
     in the State, the long-range transportation plan referred to 
     in paragraph (1) shall be developed in cooperation with the 
     metropolitan planning organization designated for the 
     metropolitan area under section 5303 and section 134 of title 
     23. With respect to each nonmetropolitan area, the long-range 
     transportation plan shall be developed in consultation with 
     local elected officials representing units of general purpose 
     local government. With respect to each area of the State 
     under the jurisdiction of an Indian tribal government, the 
     long-range transportation plan shall be developed in 
     consultation with the tribal government and the Secretary of 
     the Interior.
       ``(3) Opportunity for comment.--In developing the long-
     range transportation plan under this subsection, the State 
     shall provide citizens, affected public agencies, 
     representatives of transportation authority employees, other 
     affected employee representatives, freight shippers, private 
     providers of transportation, and other interested parties 
     with a reasonable opportunity to comment on the proposed 
     plan.
       ``(4) Transportation strategies.--The long-range 
     transportation plan developed under this subsection shall 
     identify transportation strategies necessary to efficiently 
     serve the mobility needs of individuals.
       ``(f) State Transportation Improvement Program.--
       ``(1) In general.--The State shall develop a transportation 
     improvement program for all areas of the State.
       ``(2) Cooperation.--With respect to each metropolitan area 
     in the State, the transportation

[[Page S2075]]

     improvement program under this subsection shall be developed 
     in cooperation with the metropolitan planning organization 
     designated for the metropolitan area under section 5303 and 
     section 134 of title 23. With respect to each nonmetropolitan 
     area, the program shall be developed in consultation with 
     local elected officials representing units of general purpose 
     local government. With respect to each area of the State 
     under the jurisdiction of an Indian tribal government, the 
     program shall be developed in consultation with the tribal 
     government and the Secretary of the Interior.
       ``(3) Opportunity for comment.--In developing the 
     transportation improvement program under this subsection, the 
     State shall provide citizens, affected public agencies, 
     representatives of transportation authority employees, other 
     affected employee representatives, freight shippers, private 
     providers of transportation, and other interested parties 
     with a reasonable opportunity to comment on the proposed 
     program.
       ``(4) Required information.--A transportation improvement 
     program developed for a State under this subsection shall 
     include federally supported surface transportation 
     expenditures within the boundaries of the State. Regionally 
     significant projects proposed for funding under chapter 2 of 
     title 23 shall be identified individually. All other projects 
     funded under chapter 2 of title 23 shall be grouped in 1 line 
     item or identified individually in the transportation 
     improvement program.
       ``(5) Specific requirements.--Each project shall--
       ``(A) be consistent with the long-range transportation plan 
     developed under this section for the State;
       ``(B) be identical to the project described in an approved 
     metropolitan transportation improvement program; and
       ``(C) be in conformance with the applicable State air 
     quality implementation plan developed under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), if the project is carried out in an 
     area designated as nonattainment for ozone or carbon monoxide 
     under that Act.
       ``(6) Projects.--The transportation improvement program 
     developed under this subsection 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.
       ``(7) Priorities.--The transportation improvement program 
     developed under this subsection shall reflect the priorities 
     for programming and expenditures of funds, including 
     transportation enhancements, required by this chapter.
       ``(8) Small areas.--Projects carried out in areas with 
     populations of less than 50,000--
       ``(A) excluding projects carried out on the National 
     Highway System, shall be selected from the approved statewide 
     transportation improvement program by the State in 
     cooperation with the affected local officials; and
       ``(B) on the National Highway System, shall be selected 
     from the approved statewide transportation improvement 
     program by the State, in consultation with the affected local 
     officials.
       ``(9) Review.--A transportation improvement program 
     developed under this subsection shall be reviewed and, on a 
     finding that the planning process through which the program 
     was developed is consistent with this section and section 
     5303, approved not less frequently than biennially by the 
     Secretary. Notwithstanding any other provision of law, action 
     by the Secretary shall not be required to advance a project 
     included in the approved statewide transportation improvement 
     program in place of another project of higher priority in the 
     program, except where the project is relevant to conformity 
     with the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(g) Available Funds.--Amounts set aside under section 
     5313(b) of this chapter and section 505 of title 23 shall be 
     available to carry out this section.''.
       (2) Conforming amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5305 the following:

  ``5305a.  Statewide planning.''.

     SEC. 5005. METROPOLITAN PLANNING ORGANIZATIONS.

       Section 5303(c)(2) of title 49, United States Code, is 
     amended by striking ``and appropriate State officials'' and 
     inserting ``appropriate State officials, and a representative 
     of the users of public transit''.

     SEC. 5006. FARE BOX REVENUES.

       (a) Block Grants.--Section 5307(e) of title 49, United 
     States Code, is amended--
       (1) in the first sentence, by striking ``A grant of'' and 
     inserting the following:
       ``(1) In general.--A grant of'';
       (2) in the fourth sentence, by striking ``or revenues 
     from'' and all that follows through ``1985)'';
       (3) in the last sentence, by inserting ``proceeds from a 
     local issuance of debt,'' after ``cash fund or reserve,''; 
     and
       (4) by adding at the end the following:
       ``(2) Maintenance of effort.--The credit given for the use 
     of proceeds from a local issuance of debt in meeting the non-
     Federal share under paragraph (1) shall not reduce or replace 
     State monies required to match Federal funds for any program 
     pursuant to this chapter. In receiving a credit for non-
     Federal capital expenditures under this section, a State 
     shall enter into such agreements as the Secretary may require 
     to ensure that 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.''.
       (b) Discretionary Grants and Loans.--Section 5309(h) of 
     title 49, United States Code, is amended in the fourth 
     sentence, by inserting ``proceeds from a local issuance of 
     debt,'' after ``cash fund or reserve.''.

     SEC. 5007. CLEAN FUELS FORMULA GRANT PROGRAM.

       (a) In General.--Section 5308 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5308. Clean fuels formula grant program

       ``(a) Definitions.--In this section--
       ``(1) the term `designated recipient' has the same meaning 
     as in section 5307(a);
       ``(2) the term `eligible project'--
       ``(A) means a project for the--
       ``(i) purchase or lease of clean fuel vehicles or hybrid 
     transit vehicles, including clean fuel vehicles that employ a 
     lightweight composite primary structure;
       ``(ii) construction or leasing of clean fuel vehicle 
     fueling or electrical recharging facilities and related 
     equipment;
       ``(iii) improvement of existing transit facilities to 
     accommodate clean fuel vehicles; or
       ``(iv) incremental costs of biodiesel fuel; and
       ``(B) in the discretion of the Secretary, may include 
     projects relating to clean fuel, biodiesel, hybrid electric, 
     or zero emissions technology vehicles that exhibit equivalent 
     or superior emissions reductions to existing clean fuel or 
     hybrid electric technologies; and
       ``(3) the term `Secretary' means the Secretary of 
     Transportation.
       ``(b) Authority.--The Secretary shall make grants in 
     accordance with this section to designated recipients to 
     finance eligible projects.
       ``(c) Application.--Not later than January 1 of each year, 
     any designated recipient seeking to apply for a grant under 
     this section for an eligible project shall submit an 
     application to the Secretary, in such form and in accordance 
     with such requirements as the Secretary shall establish by 
     regulation.
       ``(d) Apportionment of Funds.--
       ``(1) Formula.--Not later than February 1 of each year, the 
     Secretary shall apportion amounts made available under this 
     section to designated recipients submitting applications 
     under subsection (c) in accordance with the following:
       ``(A) Two-thirds of the amount made available under this 
     section shall be apportioned to designated recipients with 
     eligible projects in urban areas with a population of not 
     less than 1,000,000 as follows:
       ``(i) 50 percent shall be apportioned, such that each such 
     designated recipient receives a grant in an amount equal to 
     the ratio between--

       ``(I) the number of vehicles in the bus fleet of the 
     eligible project of the designated recipient, weighted by 
     severity of nonattainment for the area in which the eligible 
     project is located, as provided in paragraph (2); and
       ``(II) the total number of vehicles in the bus fleets of 
     all eligible projects in areas with a population of not less 
     than 1,000,000 funded under this section, weighted by 
     severity of nonattainment for all areas in which those 
     eligible projects are located, as provided in paragraph (2).

       ``(ii) 50 percent of the amount made available under this 
     section shall be apportioned, such that each such designated 
     recipient receives a grant in an amount equal to the ratio 
     between--

       ``(I) the number of bus passenger miles (as that term is 
     defined in section 5336(c)) of the eligible project of the 
     designated recipient, weighted by severity of nonattainment 
     of the area in which the eligible project is located, as 
     provided in paragraph (2); and
       ``(II) the total number of bus passenger miles of all 
     eligible projects in areas with a population of not less than 
     1,000,000 funded under this section, weighted by severity of 
     nonattainment of all areas in which those eligible projects 
     are located, as provided in paragraph (2).

       ``(B) One-third of the amount made available under this 
     section shall be apportioned to designated recipients with 
     eligible projects in urban areas with a population of less 
     than 1,000,000 as follows:
       ``(i) 50 percent shall be apportioned, such that each such 
     designated recipient receives a grant in an amount equal to 
     the ratio between--

       ``(I) the number of vehicles in the bus fleet of the 
     eligible project of the designated recipient, weighted by 
     severity of nonattainment for the area in which the eligible 
     project is located, as provided in paragraph (2); and
       ``(II) the total number of vehicles in the bus fleets of 
     all eligible projects in areas with a population of less than 
     1,000,000 funded under this section, weighted by severity of 
     nonattainment for all areas in which those eligible projects 
     are located, as provided in paragraph (2).

       ``(ii) 50 percent of the amount made available under this 
     section shall be apportioned, such that each such designated 
     recipient receives a grant in an amount equal to the ratio 
     between--

       ``(I) the number of bus passenger miles (as that term is 
     defined in section 5336(c)) of the eligible project of the 
     designated recipient, weighted by severity of nonattainment 
     of the area in which the eligible project is located, as 
     provided in paragraph (2); and
       ``(II) the total number of bus passenger miles of all 
     eligible projects in areas with a population of less than 
     1,000,000 funded under this section, weighted by severity of 
     nonattainment of all areas in which those eligible projects 
     are located, as provided in paragraph (2).

       ``(2) Weighting of severity of nonattainment.--
       ``(A) In general.--For purposes of paragraph (1), subject 
     to subparagraph (B) of this paragraph, the number of clean 
     fuel vehicles in the fleet, or the number of passenger miles, 
     shall be multiplied by a factor of--
       ``(i) 1.0 if, at the time of the apportionment, the area is 
     a maintenance area (as that term is defined in section 101 of 
     title 23) for ozone or carbon monoxide;
       ``(ii) 1.1 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) 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.); or

[[Page S2076]]

       ``(II) a marginal carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.);

       ``(iii) 1.2 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) a moderate ozone nonattainment area under subpart 2 
     of part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a moderate carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.);

       ``(iv) 1.3 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) a serious ozone nonattainment area under subpart 2 of 
     part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a serious carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.);

       ``(v) 1.4 if, at the time of the apportionment, the area is 
     classified as--

       ``(I) a severe ozone nonattainment area under subpart 2 of 
     part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) a severe carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.); or

       ``(vi) 1.5 if, at the time of the apportionment, the area 
     is classified as--

       ``(I) an extreme ozone nonattainment area under subpart 2 
     of part D of title I of the Clean Air Act (42 U.S.C. 7511 et 
     seq.); or
       ``(II) an extreme carbon monoxide nonattainment area under 
     subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et 
     seq.).

       ``(B) Additional adjustment for carbon monoxide areas.--If, 
     in addition to being classified as a nonattainment or 
     maintenance area (as that term is defined in section 101 of 
     title 23) for ozone under subpart 2 of part D of title I of 
     the Clean Air Act (42 U.S.C. 7511 et seq.), 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 for carbon 
     monoxide, the weighted nonattainment or maintenance area 
     fleet and passenger miles for the eligible project, as 
     calculated under subparagraph (A), shall be further 
     multiplied by a factor of 1.2.
       ``(3) Maximum grant amount.--
       ``(A) In general.--The amount of a grant made to a 
     designated recipient under this section shall not exceed the 
     lesser of--
       ``(i) for an eligible project in an area--

       ``(I) with a population of less than 1,000,000, 
     $15,000,000; and
       ``(II) with a population of not less than 1,000,000, 
     $25,000,000; or

       ``(ii) 80 percent of the total cost of the eligible 
     project.
       ``(B) Reapportionment.--Any amounts that would otherwise be 
     apportioned to a designated recipient under this subsection 
     that exceed the amount described in subparagraph (A) shall be 
     reapportioned among other designated recipients in accordance 
     with paragraph (1).
       ``(e) Authorization.--
       ``(1) In general.--Subject to paragraph (2), in each fiscal 
     year, $200,000,000 shall be made available or appropriated 
     under subsections (a) and (b) of section 5338 to carry out 
     this section.
       ``(2) Additional requirement.--Notwithstanding any other 
     provision of this section, not less than 5 percent of the 
     amount apportioned under this section in each fiscal year 
     shall be apportioned to fund any eligible projects, for which 
     an application is received from a designated recipient in 
     accordance with subsection (a), for--
       ``(A) the purchase or construction of hybrid electric or 
     battery-powered buses; or
       ``(B) facilities specifically designed to service those 
     buses.
       ``(f) Availability of Funds.--Any amount made available or 
     appropriated under this section--
       ``(1) shall remain available for 1 year after the fiscal 
     year for which the amount is made available or appropriated; 
     and
       ``(2) that remains unobligated at the end of the period 
     described in paragraph (1), shall be added to the amount made 
     available in the following fiscal year.''.
       (b) Definition of Clean Fuel Vehicle.--Section 5302(a) of 
     title 49, United States Code, is amended--
       (1) in each of paragraphs (2) through (12), by striking the 
     period at the end and inserting a semicolon;
       (2) in paragraph (13), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) `clean fuel vehicle' means a vehicle powered by 
     compressed natural gas, liquefied natural gas, biodiesel 
     fuels, batteries, alcohol-based fuels, or hybrid electric, 
     fuel cell, or other zero emissions technology.''.
       (c) Clerical Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 5308 and inserting the following:

``5308. Clean fuels formula grant program.''.

     SEC. 5008. CAPITAL INVESTMENT GRANTS AND LOANS.

       (a) In General.--Section 5309 of title 49, United States 
     Code, is amended in the section heading, by striking 
     ``Discretionary'' and inserting ``Capital investment''.
       (b) Allocating Amounts.--Section 5309(m)(1) of title 49, 
     United States Code, is amended by striking ``Of the amounts 
     available for grants and loans under this section for each of 
     the fiscal years ending September 30, 1993-1997'' and 
     inserting ``After apportioning amounts for the purposes of 
     section 5308, of the amounts available for grants and loans 
     under this section for each of fiscal years 1993 through 
     2003''.
       (c) Conforming Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended in the item relating 
     to section 5309, by striking ``Discretionary'' and inserting 
     ``Capital investment''.

     SEC. 5009. TRANSIT SUPPORTIVE LAND USE.

       Section 5309(e)(3)(B) of title 49, United States Code, is 
     amended by inserting ``, and recognize reductions in local 
     infrastructure costs achieved through compact land use 
     development'' before the semicolon.

     SEC. 5010. NEW STARTS.

       Section 5309(m) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(5) Not more than 8 percent of the amount made available 
     under paragraph (1)(B) in any fiscal year shall be available 
     for activities other than final design and construction.''.

     SEC. 5011. JOINT PARTNERSHIP FOR DEPLOYMENT OF INNOVATION.

       Section 5312 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(d) Joint Partnership Program for Deployment of 
     Innovation.--
       ``(1) Definition of consortium.--In this subsection, the 
     term `consortium'--
       ``(A) means--
       ``(i) 1 or more public or private organizations located in 
     the United States, that provides mass transportation service 
     to the public; and
       ``(ii) 1 or more businesses, including small- and medium-
     sized businesses, incorporated in a State, offering goods or 
     services or willing to offer goods and services to mass 
     transportation operators; and
       ``(B) may include, as additional members, public or private 
     research organizations located in the United States, or State 
     or local governmental authorities.
       ``(2) General authority.--The Secretary may, under terms 
     and conditions that the Secretary prescribes, enter into 
     grants, contracts, cooperative agreements, and other 
     agreements with consortia selected in accordance with 
     paragraph (4), to promote the early deployment of innovation 
     in mass transportation technology, services, management, or 
     operational practices. This paragraph shall be carried out in 
     consultation with the transit industry by competitively 
     selected public/private partnerships that will share costs, 
     risks, and rewards of early deployment of innovation with 
     broad applicability.
       ``(3) Consortium contribution.--A consortium assisted under 
     this subsection shall provide not less than 50 percent of the 
     costs of any joint partnership project. Any business, 
     organization, person, or governmental body may contribute 
     funds to a joint partnership project.
       ``(4) Notice requirement.--The Secretary shall periodically 
     give public notice of the technical areas for which joint 
     partnerships are solicited, required qualifications of 
     consortia desiring to participate, the method of selection 
     and evaluation criteria to be used in selecting participating 
     consortia and projects, and the process by which innovation 
     projects described in paragraph (1) will be awarded.
       ``(5) Use of revenues.--The Secretary shall, to the maximum 
     extent practicable, accept a portion of the revenues 
     resulting from sales of an innovation project funded under 
     this section, to be credited to the Mass Transit Account of 
     the Highway Trust Fund and used for joint partnership 
     projects in accordance with this subsection.''.

     SEC. 5012. WORKPLACE SAFETY.

       Section 5315(a) of title 49, United States Code, is 
     amended--
       (1) in paragraph (13), by striking ``and'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(15) workplace safety.''.

     SEC. 5013. UNIVERSITY TRANSPORTATION CENTERS.

       (a) In General.--Subchapter IV of chapter 52 of title 49, 
     United States Code (as added by section 2003(a) of this Act), 
     is repealed effective 1 day after the date of enactment of 
     this Act.
       (b) Repeal.--
       (1) In general.--Section 2003(b) of this Act, and the 
     amendments made by that section, are repealed effective 1 day 
     after the date of enactment of this Act.
       (2) Applicability.--Effective 1 day after the date of 
     enactment of this Act, sections 5316 and 5317 of title 49, 
     United States Code, and the items relating to sections 5316 
     and 5317 in the analysis for chapter 53 of title 49, United 
     States Code, shall be applied and administered as if section 
     2003(b) of this Act had not been enacted.
       (c) Establishment of Center.--Section 5317(b) of title 49, 
     United States Code, is amended by adding the following new 
     paragraph:
       ``(6) The Secretary shall make grants to the University of 
     Alabama Transportation Research Center to establish a 
     university Transportation Center.''.

     SEC. 5014. JOB ACCESS AND REVERSE COMMUTE GRANTS.

       (a) Findings.--Congress finds that--
       (1) two-thirds of all new jobs are in the suburbs, whereas 
     three-quarters of welfare recipients live in rural areas or 
     central cities;
       (2) even in metropolitan areas with excellent public 
     transit systems, less than half of the jobs are accessible by 
     transit;
       (3) in 1991, the median price of a new car was equivalent 
     to 25 weeks of salary for the average worker, and 
     considerably more for the low-income worker;
       (4) not fewer than 9,000,000 households and 10,000,000 
     Americans of driving age, most of whom are low-income 
     workers, do not own cars;
       (5) 94 percent of welfare recipients do not own cars;
       (6) nearly 40 percent of workers with annual incomes below 
     $10,000 do not commute by car;
       (7) many of the 2,000,000 Americans who will have their 
     Temporary Assistance to Needy Families grants (under the 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.)) terminated by the year 
     2002 will be unable to get to jobs they could otherwise hold;

[[Page S2077]]

       (8) increasing the transit options for low-income workers, 
     especially those who are receiving or who have recently 
     received welfare benefits, will increase the likelihood of 
     those workers getting and keeping jobs; and
       (9) many residents of cities and rural areas would like to 
     take advantage of mass transit to gain access to suburban 
     employment opportunities.
       (b) Grant Authority.--
       (1) In general.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5320 the 
     following:

     ``Sec. 5320a. Access to jobs

       ``(a) Definitions.--In this section:
       ``(1) Eligible low-income individual.--The term `eligible 
     low-income individual' means an individual whose family 
     income is at or below 150 percent of the poverty line (as 
     that term is defined in section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)), including any 
     revision required by that section) for a family of the size 
     involved.
       ``(2) Eligible project and related terms.--
       ``(A) In general.--The term `eligible project' means an 
     access to jobs project or a reverse commute project.
       ``(B) Access to jobs project.--The term `access to jobs 
     project' means a project relating to the development of 
     transportation services designed to transport welfare 
     recipients and eligible low-income individuals to and from 
     jobs and activities related to their employment, including--
       ``(i) capital projects and to finance operating costs of 
     equipment, facilities, and associated capital maintenance 
     items related to providing access to jobs under this section;
       ``(ii) promoting the use of transit by workers with 
     nontraditional work schedules;
       ``(iii) promoting the use by appropriate agencies of 
     transit vouchers for welfare recipients and eligible low-
     income individuals under specific terms and conditions 
     developed by the Secretary; and
       ``(iv) promoting the use of employer-provided 
     transportation including the transit pass benefit program 
     under subsections (a) and (f) of section 132 of title 26.
       ``(C) Reverse commute project.--The term `reverse commute 
     project' means a project related to the development of 
     transportation services designed to transport residents of 
     urban areas, urbanized areas, and areas other than urbanized 
     areas to suburban employment opportunities, including any 
     project to--
       ``(i) subsidize the costs associated with adding reverse 
     commute bus, train, or van routes, or service from urban 
     areas, urbanized areas, and areas other than urbanized areas, 
     to suburban workplaces;
       ``(ii) subsidize the purchase or lease by a private 
     employer, nonprofit organization, or public agency of a van 
     or bus dedicated to shuttling employees from their residences 
     to a suburban workplace;
       ``(iii) otherwise facilitate the provision of mass 
     transportation services to suburban employment opportunities 
     to residents of urban areas, urbanized areas, and areas other 
     than urbanized areas.
       ``(3) Existing transportation service providers.--The term 
     `existing transportation service providers' means mass 
     transportation operators and governmental agencies and 
     nonprofit organizations that receive assistance from Federal, 
     State, or local sources for nonemergency transportation 
     services.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(5) Qualified entity.--The term `qualified entity' 
     means--
       ``(A) with respect to any proposed eligible project in an 
     urbanized area with a population of not less than 200,000, 
     the entity or entities selected by the appropriate 
     metropolitan planning organization, in coordination with 
     affected transit grant recipients (as provided in subsection 
     (g)(2)), from among local governmental authorities and 
     nonprofit organizations; and
       ``(B) with respect to any proposed eligible project in an 
     urbanized area with a population of less than 200,000, or an 
     area other than an urbanized area, the entity or entities 
     selected by the chief executive officer of the State in which 
     the area is located, in coordination with affected transit 
     grant recipients (as provided in subsection (g)(2)), from 
     among local governmental authorities and nonprofit 
     organizations.
       ``(6) Welfare recipient.--The term `welfare recipient' 
     means an individual who receives or received aid or 
     assistance under a State program funded under part A of title 
     IV of the Social Security Act (whether in effect before or 
     after the effective date of the amendments made by title I of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
     2110)) at any time during the 3-year period before the date 
     on which the applicant applies for a grant under this 
     section.
       ``(b) General Authority.--
       ``(1) In general.--The Secretary may make access to jobs 
     grants and reverse commute grants under this section to 
     assist qualified entities in financing eligible projects.
       ``(2) Coordination.--The Secretary shall coordinate 
     activities under this section with related activities under 
     programs of other Federal departments and agencies.
       ``(c) Applications.--Each qualified entity seeking to 
     receive a grant under this section for an eligible project 
     shall submit to the Secretary an application in such form and 
     in accordance with such requirements as the Secretary shall 
     establish by regulation.
       ``(d) Prohibition.--Grants awarded under this section may 
     not be used for planning or coordination activities.
       ``(e) Factors for Consideration.--In awarding grants under 
     this section to applicants under subsection (c), the 
     Secretary shall consider--
       ``(1) the percentage of the population in the area to be 
     served by the applicant that are welfare recipients;
       ``(2) in the case of an applicant seeking assistance to 
     finance an access to jobs project, the need for additional 
     services in the area to be served by the applicant to 
     transport welfare recipients and eligible low-income 
     individuals to and from specified jobs, training, and other 
     employment support services, and the extent to which the 
     proposed services will address those needs;
       ``(3) the extent to which the applicant demonstrates 
     coordination with, and the financial commitment of, existing 
     transportation service providers;
       ``(4) the extent to which the applicant demonstrates 
     maximum utilization of existing transportation service 
     providers and expands transit networks or hours of service, 
     or both;
       ``(5) the extent to which the applicant demonstrates an 
     innovative approach that is responsive to identified service 
     needs;
       ``(6) the extent to which the applicant--
       ``(A) in the case of an applicant seeking assistance to 
     finance an access to jobs project, presents a regional 
     transportation plan for addressing the transportation needs 
     of welfare recipients and eligible low-income individuals; 
     and
       ``(B) identifies long-term financing strategies to support 
     the services under this section;
       ``(7) the extent to which the applicant demonstrates that 
     the community to be served has been consulted in the planning 
     process; and
       ``(8) in the case of an applicant seeking assistance to 
     finance a reverse commute project, the need for additional 
     services identified in a regional transportation plan to 
     transport individuals to suburban employment opportunities, 
     and the extent to which the proposed services will address 
     those needs.
       ``(f) Federal Share of Costs.--
       ``(1) Maximum amount.--The amount of a grant under this 
     section may not exceed 50 percent of the total project cost.
       ``(2) Nongovernmental share.--The portion of the total cost 
     of an eligible project that is not funded under this 
     section--
       ``(A) shall be provided in cash from sources other than 
     revenues from providing mass transportation; and
       ``(B) may be derived from amounts made available to a 
     department or agency of the Federal Government (other than 
     the Department of Transportation) that are eligible to be 
     expended for transportation.
       ``(g) Planning Requirements.--
       ``(1) In general.--The requirements of sections 5303 
     through 5306 apply to any grant made under this section.
       ``(2) Coordination.--Each application for a grant under 
     this section shall reflect coordination with and the approval 
     of affected transit grant recipients. The eligible access to 
     jobs projects financed must be part of a coordinated public 
     transit-human services transportation planning process.
       ``(h) Grant Requirements.--A grant under this section shall 
     be subject to--
       ``(1) all of the terms and conditions to which a grant made 
     under section 5307 is subject; and
       ``(2) such other terms and conditions as determined by the 
     Secretary.
       ``(i) Program Evaluation.--
       ``(1) Comptroller general.--Beginning 6 months after the 
     date of enactment of this section, and every 6 months 
     thereafter, the Comptroller General of the United States 
     shall--
       ``(A) conduct a study to evaluate the grant program 
     authorized under this section; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report describing the results of each study under 
     subparagraph (A).
       ``(2) Department of transportation.--Not later than 2 years 
     after the date of enactment of this section, the Secretary 
     shall--
       ``(A) conduct a study to evaluate the access to jobs grant 
     program authorized under this section; and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report describing the results of the study under 
     subparagraph (A).
       ``(j) Funding; Allocation.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section, to remain available until 
     expended, $250,000,000 for each of fiscal years 1998 through 
     2003, of which--
       ``(A) $150,000,000 in each fiscal year shall be used for 
     grants for access to jobs projects; and
       ``(B) $100,000,000 in each fiscal year shall be used for 
     grants for reverse commute projects.
       ``(2) Allocation.--The amount made available to carry out 
     this section in each fiscal year shall be allocated as 
     follows:
       ``(A) 60 percent shall be allocated for eligible projects 
     in urbanized areas with populations of not less than 200,000.
       ``(B) 20 percent shall be allocated for eligible projects 
     in urbanized areas with populations of less than 200,000.
       ``(C) 20 percent shall be allocated for eligible projects 
     in areas other than urbanized areas.''.
       (2) Conforming amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 5320 the following:

``5320a.  Access to jobs.''.

     SEC. 5015. GRANT REQUIREMENTS.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(m) Grant Requirements.--The grant requirements under 
     sections 5307 and 5309 apply to any project under this 
     chapter that receives any assistance from an infrastructure 
     bank or through other financing under subtitle C of title I 
     of the Intermodal Surface Transportation Efficiency Act of 
     1998.''.

[[Page S2078]]

     SEC. 5016. HHS AND PUBLIC TRANSIT SERVICE.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(n) Participation of Governmental Agencies in Design and 
     Delivery of Transportation Services.--To the extent feasible, 
     governmental agencies and nonprofit organizations that 
     receive assistance from Government sources (other than the 
     Department of Transportation) for nonemergency transportation 
     services--
       ``(1) shall participate and coordinate with recipients of 
     assistance under this chapter in the design and delivery of 
     transportation services; and
       ``(2) shall be included in the planning for those 
     services.''.

     SEC. 5017. PROCEEDS FROM THE SALE OF TRANSIT ASSETS.

       Section 5334(g) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(4) Notwithstanding any other provision of law, if a 
     recipient of assistance under this chapter determines that an 
     asset (including real property) acquired with such assistance 
     is no longer needed for the purpose for which it was 
     acquired, the recipient may sell that asset with no further 
     obligation to the Government, if the proceeds of the sale are 
     used for the provision of mass transportation services in 
     accordance with this chapter.''.

     SEC. 5018. OPERATING ASSISTANCE FOR SMALL TRANSIT AUTHORITIES 
                   IN LARGE URBANIZED AREAS.

       Section 5336(d) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(3) In distributing operating assistance under this 
     subsection to urbanized areas with a population of 1,000,000 
     or more under the most recent census, the Secretary shall 
     direct each such area to give priority consideration to the 
     impact of reductions on operating assistance on smaller 
     transit authorities operating within the area and to consider 
     the needs and resources of such transit authorities.''.

     SEC. 5019. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY 
                   MODERNIZATION.

       (a) Distribution.--Section 5337(a) of title 49, United 
     States Code, is amended to read as follows:
       ``(a) Distribution.--The Secretary of Transportation shall 
     apportion amounts made available for fixed guideway 
     modernization under section 5309 for each of fiscal years 
     1998, 1999, 2000, 2001, 2002, and 2003 as follows:
       ``(1) The first $497,700,000 shall be apportioned in the 
     following urbanized areas as follows:
       ``(A) Baltimore, $8,372,000.
       ``(B) Boston, $38,948,000.
       ``(C) Chicago/Northwestern Indiana, $78,169,000.
       ``(D) Cleveland, $9,509,500.
       ``(E) New Orleans, $1,730,588.
       ``(F) New York, $176,034,461.
       ``(G) Northeastern New Jersey, $50,604,653.
       ``(H) Philadelphia/Southern New Jersey, $58,924,764.
       ``(I) Pittsburgh, $13,662,463.
       ``(J) San Francisco, $33,989,571.
       ``(K) Southwestern Connecticut, $27,755,000.
       ``(2) The next $70,000,000 shall be apportioned as follows:
       ``(A) 50 percent in the urbanized areas listed in paragraph 
     (1), as provided in section 5336(b)(2)(A).
       ``(B) 50 percent in other urbanized areas eligible for 
     assistance under section 5336(b)(2)(A) to which amounts were 
     apportioned under this section for fiscal year 1997, as 
     provided in section 5336(b)(2)(A) and subsection (e) of this 
     section.
       ``(3) The next $5,700,000 shall be apportioned in the 
     following urbanized areas as follows:
       ``(A) Pittsburgh, 61.76 percent.
       ``(B) Cleveland, 10.73 percent.
       ``(C) New Orleans, 5.79 percent.
       ``(D) 21.72 percent in urbanized areas to which paragraph 
     (2)(B) applies, as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.
       ``(4) The next $186,600,000 shall be apportioned in each 
     urbanized area to which paragraph (1) applies and in each 
     urbanized area to which paragraph (2)(B) applies, as provided 
     in section 5336(b)(2)(A) and subsection (e) of this section.
       ``(5) Remaining amounts shall be apportioned as follows:
       ``(A) 50 percent in the urbanized areas listed in paragraph 
     (1) as provided in section 5336(b)(2)(A) and subsection (e) 
     of this section.
       ``(B) 50 percent to urbanized areas to which paragraph 
     (5)(B) applies, as provided in section 5336(b)(2)(A) and 
     subsection (e) of this section.''.
       (b) Route Segments To Be Included in Apportionment 
     Formulas.--Section 5337 of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(e) Route Segments To Be Included in Apportionment 
     Formulas.--
       ``(1) Amounts apportioned under paragraphs (2)(B), (3), and 
     (4) of subsection (a) shall have attributable to each 
     urbanized area only the number of fixed guideway revenue 
     miles of service and number of fixed guideway route miles for 
     segments of fixed guideway systems used to determine 
     apportionments for fiscal year 1997.
       ``(2) Amounts apportioned under paragraphs (5) through (7) 
     of subsection (a) shall have attributable to each urbanized 
     area only the number of fixed guideway revenue miles of 
     service and number of fixed guideway route-miles for segments 
     of fixed guideway systems placed in revenue service not less 
     than 7 years before the fiscal year in which amounts are made 
     available.''.

     SEC. 5020. URBANIZED AREA FORMULA STUDY.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study to determine whether the formula for apportioning funds 
     to urbanized areas under section 5336 of title 49, United 
     States Code accurately reflects the transit needs of the 
     urbanized areas and, if not, whether any changes should be 
     made either to the formula or through some other mechanism to 
     reflect the fact that some urbanized areas with a population 
     between 50,000 and 200,000 have transit systems that carry 
     more passengers per mile or hour than the average of those 
     transit systems in urbanized areas with a population over 
     200,000.
       (b) Report.--Not later than December 31, 1999, the 
     Secretary of Transportation shall transmit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate a report on the results of the 
     study conducted under this section, together with any 
     proposed changes to the method for apportioning funds to 
     urbanized areas with a population over 50,000.

     SEC. 5021. INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS 
                   TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(o) Intercity Rail Infrastructure Investment.--Any 
     assistance provided to a State that does not have Amtrak 
     service as of the date of enactment of this subsection from 
     the Mass Transit Account of the Highway Trust Fund may be 
     used for capital improvements to, and operating support for, 
     intercity passenger rail service.''.

     SEC. 5022. NEW START RATING AND EVALUATION.

       (a) Criteria for Grants and Loans for Fixed Guideway 
     Systems.--Section 5309(e) of title 49, United States Code, is 
     amended to read as follows:
       ``(e) Criteria for Grants and Loans for Fixed Guideway 
     Systems.--
       ``(1) The Secretary of Transportation may approve a grant 
     or loan under this section for a capital project for a new 
     fixed guideway system or extension of an existing fixed 
     guideway system only if the Secretary decides that the 
     proposed project is--
       ``(A) based on the results of an alternatives analysis and 
     preliminary engineering;
       ``(B) justified based on a comprehensive review of its 
     mobility improvements, environmental benefits, cost 
     effectiveness, and operating efficiencies; and
       ``(C) supported by an acceptable degree of local financial 
     commitment, including evidence of stable and dependable 
     financing sources to construct, maintain, and operate the 
     system or extension.
       ``(2) In evaluating a project under paragraph (1)(A), the 
     Secretary shall analyze and consider the results of the 
     alternatives analysis and preliminary engineering for the 
     project.
       ``(3) In evaluating a project under paragraph (1)(B), the 
     Secretary shall--
       ``(A) consider the direct and indirect costs of relevant 
     alternatives;
       ``(B) account for costs and benefits related to factors 
     such as congestion relief, improved mobility, air pollution, 
     noise pollution, congestion, energy consumption, and all 
     associated ancillary and mitigation costs necessary to carry 
     out each alternative analyzed;
       ``(C) identify and consider mass transportation supportive 
     existing land use policies and future patterns, and the cost 
     of urban sprawl;
       ``(D) consider the degree to which the project increases 
     the mobility of the mass transportation dependent population 
     or promotes economic development;
       ``(E) consider population density, and current transit 
     ridership in the corridor;
       ``(F) consider the technical capability of the grant 
     recipient to construct the project;
       ``(G) adjust the project justification to reflect 
     differences in local land, construction, and operating costs; 
     and
       ``(H) consider other factors the Secretary considers 
     appropriate to carry out this chapter.
       ``(3)(A) The Secretary of Transportation shall issue 
     guidelines on the manner in which the Secretary will evaluate 
     results of alternatives analysis, project justification, and 
     the degree of local financial commitment.
       ``(B) The project justification under paragraph (1)(B) 
     shall be adjusted to reflect differences in local land, 
     construction, and operating costs.
       ``(4)(A) In evaluating a project under paragraph (1)(C), 
     the Secretary shall require that--
       ``(i) the proposed project plan provides for the 
     availability of contingency amounts the Secretary of 
     Transportation determines to be reasonable to cover 
     unanticipated cost overruns;
       ``(ii) each proposed local source of capital and operating 
     financing is stable, reliable, and available within the 
     proposed project timetable; and
       ``(iii) local resources are available to operate the 
     overall proposed mass transportation system (including 
     essential feeder bus and other services necessary to achieve 
     the projected ridership levels) without requiring a reduction 
     in existing mass transportation services to operate the 
     proposed project.
       ``(B) In assessing the stability, reliability, and 
     availability of proposed sources of local financing, the 
     Secretary of Transportation shall consider--
       ``(i) existing grant commitments;
       ``(ii) the degree to which financing sources are dedicated 
     to the purposes proposed;
       ``(iii) any debt obligation that exists or is proposed by 
     the recipient for the proposed project or other mass 
     transportation purpose; and
       ``(iv) the extent to which the project has a local 
     financial commitment that exceeds the required non-Federal 
     share of the cost of the project.
       ``(5)(A) Not later than 120 days after the date of 
     enactment of the Federal Transit Act of 1998, the Secretary 
     of Transportation shall issue guidelines on the manner in 
     which the Secretary will evaluate and rate the projects based 
     on the results of alternatives analysis, project 
     justification, and the degree of local financial commitment.

[[Page S2079]]

       ``(B) The project justification under paragraph (1)(B) 
     shall be adjusted to reflect differences in local land, 
     construction, and operating costs as required under this 
     subsection.
       ``(6)(A) A proposed project may advance from alternatives 
     analysis to preliminary engineering, and may advance from 
     preliminary engineering to final design and construction, 
     only if the Secretary of Transportation finds that the 
     project meets the requirements of this section and there is a 
     reasonable likelihood that the project will continue to meet 
     the requirements.
       ``(B) In making any findings under subparagraph (A), the 
     Secretary shall evaluate and rate the project as either 
     highly recommended, recommended, or not recommended, based on 
     the results of alternatives analysis, the project 
     justification criteria, and the degree of local financial 
     commitment as required under this subsection.
       ``(C) In rating each project, the Secretary shall provide, 
     in addition to the overall project rating, individual ratings 
     for each criteria established under the guidelines issued 
     under paragraph (5).
       ``(7)(A) Each project financed under this subsection shall 
     be carried out through a full funding grant agreement.
       ``(B) The Secretary shall enter a full funding grant 
     agreement based on evaluations and ratings required under 
     this subsection.
       ``(C) The Secretary shall not enter into a full funding 
     grant agreement for a project unless that project is 
     authorized for final design and construction.
       ``(8)(A) A project for a fixed guideway system or extension 
     of an existing fixed guideway system is not subject to the 
     requirements of this subsection, and the simultaneous 
     evaluation of similar projects in at least 2 corridors in a 
     metropolitan area may not be limited, if the assistance 
     provided under this section with respect to the project is 
     less than $25,000,000.
       ``(B) The simultaneous evaluation of projects in at least 2 
     corridors in a metropolitan area may not be limited and the 
     Secretary of Transportation shall make decisions under this 
     subsection with expedited procedures that will promote 
     carrying out an approved State Implementation Plan in a 
     timely way if a project is--
       ``(i) located in a nonattainment area;
       ``(ii) a transportation control measure (as that term is 
     defined in the Clean Air Act (42 U.S.C. 7401 et seq.)); and
       ``(iii) required to carry out the State Implementation 
     Plan.
       ``(C) This subsection does not apply to a part of a project 
     financed completely with amounts made available from the 
     Highway Trust Fund (other than the Mass Transit Account).
       ``(D) This subsection does not apply to projects for which 
     the Secretary has issued a letter of intent or entered into a 
     full funding grant agreement before the date of enactment of 
     the Federal Transit Act of 1998.''.
       (b) Letters of Intent, Full Financing Grant Agreements, and 
     Early Systems Work Agreements.--Section 5309(g) of title 49, 
     United States Code, is amended--
       (1) in the subsection heading, by striking ``Financing'' 
     and inserting ``Funding'';
       (2) by striking ``full financing'' each place it appears 
     and inserting ``full funding''; and
       (3) in paragraph (1)(B)--
       (A) by striking ``30 days'' and inserting ``60 days'';
       (B) by inserting ``or entering into a full funding grant 
     agreement'' after ``this paragraph''; and
       (C) by striking ``issuance of the letter'' and inserting 
     ``letter or agreement. The Secretary shall include with the 
     notification a copy of the proposed letter or agreement as 
     well as evaluations and ratings for the project''.
       (c) Reports.--Section 5309 of title 49, United States Code, 
     is amended by adding at the end the following:
       ``(p) Reports.--
       ``(1) Funding levels and allocations of funds for fixed 
     guideway systems.--
       ``(A) Annual report.--Not later than the first Monday in 
     February of each year, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate a report that includes a proposal 
     on the allocation of amounts to be made available to finance 
     grants and loans for capital projects for new fixed guideway 
     systems and extensions to existing fixed guideway systems 
     among applicants for those amounts.
       ``(B) Recommendations on funding.--Each report submitted 
     under this paragraph shall include--
       ``(i) evaluations and ratings, as required under subsection 
     (e), for each project that is authorized or has received 
     funds under this section since the date of enactment of the 
     Federal Transit Act of 1998 or October 1 of the preceding 
     fiscal year, whichever date is earlier; and
       ``(ii) recommendations of projects for funding, based on 
     the evaluations and ratings and on existing commitments and 
     anticipated funding levels for the next 3 fiscal years and 
     for the next 10 fiscal years, based on information available 
     to the Secretary.
       ``(2) Supplemental report on new starts.--On August 30 of 
     each year, the Secretary shall submit a report to Congress 
     that describes the Secretary's evaluation and rating of each 
     project that has completed alternatives analysis or 
     preliminary engineering since the date of the last report. 
     The report shall include all relevant information that 
     supports the evaluation and rating of each project, including 
     a summary of each project's financial plan.
       ``(3) Annual gao review.--The Comptroller General of the 
     United States shall--
       ``(A) conduct an annual review of--
       ``(i) the processes and procedures for evaluating and 
     rating projects and recommending projects; and
       ``(ii) the Secretary's implementation of such processes and 
     procedures; and
       ``(B) report to Congress on the results of such review not 
     later than April 30 of each year.''.
                           TITLE VI--REVENUE

     SEC. 6001. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This title may be cited as the 
     ``Intermodal Surface Transportation Revenue Act of 1998''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

     SEC. 6002. EXTENSION AND MODIFICATION OF HIGHWAY-RELATED 
                   TAXES AND TRUST FUND.

       (a) Extension of Taxes and Exemptions.--
       (1) The following provisions are each amended by striking 
     ``1999'' each place it appears and inserting ``2005'':
       (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax 
     on certain buses).
       (B) Section 4041(a)(2)(B) (relating to rate of tax on 
     special motor fuels), as amended by section 907(a)(1) of the 
     Taxpayer Relief Act of 1997.
       (C) Section 4041(m)(1)(A) (relating to certain alcohol 
     fuels), as amended by section 907(b) of the Taxpayer Relief 
     Act of 1997.
       (D) Section 4051(c) (relating to termination).
       (E) Section 4071(d) (relating to termination).
       (F) Section 4081(d)(1) (relating to termination).
       (G) Section 4221(a) (relating to certain tax-free sales).
       (H) Section 4481(e) (relating to period tax in effect).
       (I) Section 4482(c)(4) (relating to taxable period).
       (J) Section 4482(d) (relating to special rule for taxable 
     period in which termination date occurs).
       (K) Section 4483(g) (relating to termination of 
     exemptions).
       (L) Section 6156(e)(2) (relating to section inapplicable to 
     certain liabilities).
       (M) Section 6412(a) (relating to floor stocks refunds).
       (2) The following provisions are each amended by striking 
     ``2000'' each place it appears and inserting ``2007'':
       (A) Section 4041(b)(2)(C) (relating to termination).
       (B) Section 4041(k)(3) (relating to termination).
       (C) Section 4081(c)(8) (relating to termination).
       (D) Section 4091(c)(5) (relating to termination).
       (3) Section 6412(a) (relating to floor stocks refunds) is 
     amended by striking ``2000'' each place it appears and 
     inserting ``2006''.
       (4) Section 6427(f)(4) (relating to termination) is amended 
     by striking ``1999'' and inserting ``2007''.
       (5) Section 40(e)(1) (relating to termination) is amended--
       (A) by striking ``December 31, 2000'' and inserting 
     ``December 31, 2007'', and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) of any fuel for any period before January 1, 2008, 
     during which the rate of tax under section 4081(a)(2)(A) is 
     4.3 cents per gallon.''.
       (6) Headings 9901.00.50 and 9901.00.52 of the Harmonized 
     Tariff Schedule of the United States (19 U.S.C. 3007) are 
     amended in the effective period column by striking ``10/1/
     2000'' each place it appears and inserting ``10/1/2007''.
       (b) Extension and Modification of Highway Trust Fund.--
       (1) Extension.--Section 9503 (relating to Highway Trust 
     Fund) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1), as amended by section 1032(e)(13) of 
     the Taxpayer Relief Act of 1997--

       (I) by striking ``1999'' and inserting ``2005'',
       (II) by striking subparagraph (C),
       (III) in subparagraph (D), by striking ``and tread 
     rubber'', and
       (IV) by redesignating subparagraphs (D), (E), and (F) as 
     subparagraphs (C), (D), and (E), respectively,

       (ii) in paragraph (2), by striking ``1999'' each place it 
     appears and inserting ``2005'' and by striking ``2000'' and 
     inserting ``2006'',
       (iii) in the heading of paragraph (2), by striking 
     ``october 1, 1999'' and inserting ``october 1, 2005'', and
       (iv) in subparagraphs (E) and (F) of paragraph (4), as 
     amended by section 901(a) of the Taxpayer Relief Act of 1997, 
     by striking ``1999'' and inserting ``2005'', and
       (B) in subsection (c), as amended by section 9(a)(1) of the 
     Surface Transportation Extension Act of 1997--
       (i) in paragraph (1)--

       (I) by striking ``1998'' and inserting ``2003'',
       (II) in subparagraph (C), by striking ``or'' at the end,
       (III) in subparagraph (D), by striking ``1991.'' and 
     inserting ``1991, or'',
       (IV) by inserting after subparagraph (D) the following:

       ``(E) authorized to be paid out of the Highway Trust Fund 
     under the Intermodal Surface Transportation Efficiency Act of 
     1998.'', and

       (V) by striking the last sentence and inserting the 
     following:

     ``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 the Intermodal 
     Surface Transportation Efficiency Act of 1998.'',
       (ii) in paragraph (2)(A)(i)--

       (I) by striking ``2000'' and inserting ``2006'',

[[Page S2080]]

       (II) in subclause (II), by adding ``and'' at the end,
       (III) in subclause (IV), by striking ``1999'' and inserting 
     ``2005'', and
       (IV) by striking subclause (III) and redesignating 
     subclause (IV) as subclause (III),

       (iii) in paragraph (2)(A), by striking clause (ii) and 
     inserting the following:
       ``(ii) the credits allowed under section 34 (relating to 
     credit for certain uses of fuel) with respect to fuel used 
     before October 1, 2005.'',
       (iv) in paragraph (3)--

       (I) by striking ``July 1, 2000'' and inserting ``July 1, 
     2006'', and
       (II) by striking the heading and inserting ``Floor stocks 
     refunds'',

       (v) in paragraph (4)(A)--

       (I) in clause (i), by striking ``1998'' and inserting 
     ``2003'', and
       (II) in clause (ii), by adding at the end the following new 
     flush sentence:

     ``In making the determination under subclause (II) for any 
     fiscal year, the Secretary shall not take into account any 
     amount appropriated from the Boat Safety Account in any 
     preceding fiscal year but not distributed.'', and
       (vi) in paragraph (5)(A), by striking ``1998'' and 
     inserting ``2003''.
       (2) Limitation on expenditures.--
       (A) In general.--Section 9503(c) (relating to expenditures 
     from Highway Trust Fund), as amended by subsection (d)(2)(A), 
     is amended by inserting after paragraph (5) the following:
       ``(6) Limitation on expenditures from highway trust fund.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no expenditure shall be made from the Highway Trust Fund 
     unless such expenditure is permitted under a provision of 
     this title. The determination of whether an expenditure is so 
     permitted shall be made without regard to--
       ``(i) any provision of law which is not contained or 
     referenced in this title and which is not contained or 
     referenced in a revenue Act, and
       ``(ii) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this paragraph.
       ``(B) Exception for prior obligations.--Subparagraph (A) 
     shall not apply to any expenditure to liquidate any contract 
     entered into, or for any amount otherwise obligated, in 
     accordance with the provisions of this section before October 
     1, 2003.''.
       (B) Transfer of taxes to trust fund terminated if 
     expenditure limitation violated.--Section 9503(b)(4) 
     (relating to certain taxes not transferred to Highway Trust 
     Fund), as amended by subsection (b)(1)(A)(iv), is amended--
       (i) in subparagraph (E), by striking ``or'' at the end,
       (ii) in subparagraph (F), by striking the period at the end 
     and inserting ``, or'', and
       (iii) by adding at the end the following:
       ``(G) any provision described in paragraph (1) on and after 
     the date of any expenditure not permitted by subsection 
     (c)(6).''.
       (c) Modification of Subsidies for Alcohol Fuels.--
       (1) In general.--Subsection (h) of section 40 (relating to 
     alcohol used as fuel) is amended to read as follows:
       ``(h) Reduced Credit for Ethanol Blenders.--
       ``(1) In general.--In the case of any alcohol mixture 
     credit or alcohol credit with respect to any sale or use of 
     alcohol which is ethanol during calendar years 2001 through 
     2007--
       ``(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied 
     by substituting `the blender amount' for `60 cents',
       ``(B) subsection (b)(3) shall be applied by substituting 
     `the low-proof blender amount' for `45 cents' and `the 
     blender amount' for `60 cents', and
       ``(C) subparagraphs (A) and (B) of subsection (d)(3) shall 
     be applied by substituting `the blender amount' for `60 
     cents' and `the low-proof blender amount' for `45 cents'.
       ``(2) Amounts.--For purposes of paragraph (1), the blender 
     amount and the low-proof blender amount shall be determined 
     in accordance with the following table:


                                                                        
                                                          The low-proof 
In the case of any sale or use during     The blender     blender amount
            calendar year:                amount is:           is:      
                                                                        
2001 or 2002                              53 cents         39.26 cents  
2003 or 2004                              52 cents         38.52 cents  
2005, 2006, or 2007                       51 cents         37.78        
                                                          cents.''.     
                                                                        

       (2) Conforming amendments.--
       (A) Section 4041(b)(2) is amended--
       (i) in subparagraph (A)(i), by striking ``5.4 cents'' and 
     inserting ``the applicable blender rate'', and
       (ii) by redesignating subparagraph (C), as amended by 
     subsection (a)(2)(A), as subparagraph (D) and by inserting 
     after subparagraph (B) the following:
       ``(C) Applicable blender rate.--For purposes of 
     subparagraph (A)(i), the applicable blender rate is--
       ``(i) except as provided in clause (ii), 5.4 cents, and
       ``(ii) for sales or uses during calendar years 2001 through 
     2007, \1/10\ of the blender amount applicable under section 
     40(h)(2) for the calendar year in which the sale or use 
     occurs.''.
       (B) Subparagraph (A) of section 4081(c)(4) is amended to 
     read as follows:
       ``(A) General rules.--
       ``(i) Mixtures containing ethanol.--Except as provided in 
     clause (ii), in the case of a qualified alcohol mixture which 
     contains gasoline, the alcohol mixture rate is the excess of 
     the rate which would (but for this paragraph) be determined 
     under subsection (a) over--

       ``(I) in the case of 10 percent gasohol, the applicable 
     blender rate (as defined in section 4041(b)(2)(A)) per 
     gallon,
       ``(II) in the case of 7.7 percent gasohol, the number of 
     cents per gallon equal to 77 percent of such applicable 
     blender rate, and
       ``(III) in the case of 5.7 percent gasohol, the number of 
     cents per gallon equal to 57 percent of such applicable 
     blender rate.

       ``(ii) Mixtures not containing ethanol.--In the case of a 
     qualified alcohol mixture which contains gasoline and none of 
     the alcohol in which consists of ethanol, the alcohol mixture 
     rate is the excess of the rate which would (but for this 
     paragraph) be determined under subsection (a) over--

       ``(I) in the case of 10 percent gasohol, 6 cents per 
     gallon,
       ``(II) in the case of 7.7 percent gasohol, 4.62 cents per 
     gallon, and
       ``(III) in the case of 5.7 percent gasohol, 3.42 cents per 
     gallon.''.

       (C) Section 4081(c)(5) is amended by striking ``5.4 cents'' 
     and inserting ``the applicable blender rate (as defined in 
     section 4041(b)(2)(C))''.
       (D) Section 4091(c)(1) is amended by striking ``13.4 
     cents'' each place it appears and inserting ``the applicable 
     blender amount'' and by adding at the end the following: 
     ``For purposes of this paragraph, the term `applicable 
     blender amount' means 13.3 cents in the case of any sale or 
     use during 2001 or 2002, 13.2 cents in the case of any sale 
     or use during 2003 or 2004, 13.1 cents in the case of any 
     sale or use during 2005, 2006, or 2007, and 13.4 cents in the 
     case of any sale or use during 2008 or thereafter.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2001.
       (d) Elimination of National Recreational Trails Trust 
     Fund.--
       (1) In general.--Section 9511 (relating to National 
     Recreational Trails Trust Fund) is repealed.
       (2) Conforming amendments.--
       (A) Section 9503(c) is amended by striking paragraph (6).
       (B) The table of sections for subchapter A of chapter 98 is 
     amended by striking the item relating to section 9511.
       (e) Aquatic Resources Trust Fund.--
       (1) Extension.--Section 9504(c) (relating to expenditures 
     from Boat Safety Account), as amended by section 9(b) of the 
     Surface Transportation Extension Act of 1997, is amended--
       (A) by striking ``1998'' and inserting ``2004'', and
       (B) by striking ``1988'' and inserting ``the date of the 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998''.
       (2) Limitation on expenditures.--Section 9504 (relating to 
     Aquatic Resources Trust Fund) is amended by redesignating 
     subsection (d) as subsection (e) and by inserting after 
     subsection (c) the following:
       ``(d) Limitation on Expenditures from Trust Fund.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     expenditure shall be made from the Aquatics Resources Trust 
     Fund unless such expenditure is permitted under a provision 
     of this title. The determination of whether an expenditure is 
     so permitted shall be made without regard to--
       ``(A) any provision of law which is not contained or 
     referenced in this title and which is not contained or 
     referenced in a revenue Act, and
       ``(B) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this subsection.
       ``(2) Exception for prior obligations from the boat safety 
     account.--Paragraph (1) shall not apply to any expenditure to 
     liquidate any contract entered into, or for any amount 
     otherwise obligated, in accordance with the provisions of 
     subsection (c) before April 1, 2004.
       ``(3) Transfer of taxes to trust fund terminated if 
     expenditure limitation violated.--For purposes of the second 
     sentence of subsection (a)(2), there shall not be taken into 
     account any amount described in subsection (b)(1), section 
     9503(c)(4), or section 9503(c)(5)(A) on and after the date of 
     any expenditure not permitted by paragraph (1).''.
       (3) Conforming amendments.--Section 9504(b)(2) is amended--
       (A) in subparagraph (A), by striking ``October 1, 1988'' 
     and inserting ``the date of the enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1998'', and
       (B) in subparagraph (B), by striking ``November 29, 1990'' 
     and inserting ``the date of the enactment of the Intermodal 
     Surface Transportation Efficiency Act of 1998''.

     SEC. 6003. MASS TRANSIT ACCOUNT.

       (a) In General.--Section 9503(e)(3) (relating to 
     expenditures from Account), as amended by section 9(a)(2) of 
     the Surface Transportation Extension Act of 1997, is 
     amended--
       (1) by striking ``1998'' and inserting ``2003'',
       (2) in subparagraph (A), by striking ``or'' at the end,
       (3) in subparagraph (B), by adding ``or'' at the end, and
       (4) by striking all that follows subparagraph (B) and 
     inserting:
       ``(C) the Intermodal Surface Transportation Efficiency Act 
     of 1998,

     as such sections and Acts are in effect on the date of the 
     enactment of the Intermodal Surface Transportation Efficiency 
     Act of 1998.''.
       (b) Conforming Amendment.--Paragraph (4) of section 9503(e) 
     is amended to read as follows:
       ``(4) Limitation.--Rules similar to the rules of subsection 
     (d) shall apply to the Mass Transit Account.''.

[[Page S2081]]

       (c) Technical Correction.--
       (1) In general.--Section 9503(e)(2) is amended by striking 
     the last sentence and inserting the following: ``For purposes 
     of the preceding sentence, the term `mass transit portion' 
     means, for any fuel with respect to which tax was imposed 
     under section 4041 or 4081 and otherwise deposited into the 
     Highway Trust Fund, the amount determined at the rate of--
       ``(A) except as otherwise provided in this sentence, 2.86 
     cents per gallon,
       ``(B) 1.43 cents per gallon in the case of any partially 
     exempt methanol or ethanol fuel (as defined in section 
     4041(m)) none of the alcohol in which consists of ethanol,
       ``(C) 1.86 cents per gallon in the case of liquefied 
     natural gas,
       ``(D) 2.13 cents per gallon in the case of liquefied 
     petroleum gas, and
       ``(E) 9.71 cents per MCF (determined at standard 
     temperature and pressure) in the case of compressed natural 
     gas.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the amendment made by 
     section 901(b) of the Taxpayer Relief Act of 1997.

     SEC. 6004. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY 
                   INFRASTRUCTURE CONSTRUCTION.

       (a) Treatment as Exempt Facility Bond.--A bond described in 
     subsection (b) shall be treated as described in section 
     141(e)(1)(A) of the Internal Revenue Code of 1986, except 
     that--
       (1) section 146 of such Code shall not apply to such bond, 
     and
       (2) section 147(c)(1) of such Code shall be applied by 
     substituting ``any portion of'' for ``25 percent or more''.
       (b) Bond Described.--
       (1) In general.--A bond is described in this subsection if 
     such bond is issued after the date of the enactment of this 
     Act as part of an issue--
       (A) 95 percent or more of the net proceeds of which are to 
     be used to provide a qualified highway infrastructure 
     project, and
       (B) to which there has been allocated a portion of the 
     allocation to the project under paragraph (2)(C)(ii) which is 
     equal to the aggregate face amount of bonds to be issued as 
     part of such issue.
       (2) Qualified highway infrastructure projects.--
       (A) In general.--For purposes of paragraph (1), the term 
     ``qualified highway infrastructure project'' means a 
     project--
       (i) for the construction or reconstruction of a highway, 
     and
       (ii) designated under subparagraph (B) as an eligible pilot 
     project.
       (B) Eligible pilot project.--
       (i) In general.--The Secretary of Transportation, in 
     consultation with the Secretary of the Treasury, shall select 
     not more than 15 highway infrastructure projects to be pilot 
     projects eligible for tax-exempt financing.
       (ii) Eligibility criteria.--In determining the criteria 
     necessary for the eligibility of pilot projects, the 
     Secretary of Transportation shall include the following:

       (I) The project must serve the general public.
       (II) The project is necessary to evaluate the potential of 
     the private sector's participation in the provision of the 
     highway infrastructure of the United States.
       (III) The project must be located on publicly-owned rights-
     of-way.
       (IV) The project must be publicly owned or the ownership of 
     the highway constructed or reconstructed under the project 
     must revert to the public.
       (V) The project must be consistent with a transportation 
     plan developed pursuant to section 134(g) or 135(e) of title 
     23, United States Code.

       (C) Aggregate face amount of tax-exempt financing.--
       (i) In general.--The aggregate face amount of bonds issued 
     pursuant to this section shall not exceed $15,000,000,000, 
     determined without regard to any bond the proceeds of which 
     are used exclusively to refund (other than to advance refund) 
     a bond issued pursuant to this section (or a bond which is a 
     part of a series of refundings of a bond so issued) if the 
     amount of the refunding bond does not exceed the outstanding 
     amount of the refunded bond.
       (ii) Allocation.--The Secretary of Transportation, in 
     consultation with the Secretary of the Treasury, shall 
     allocate the amount described in clause (i) among the 
     eligible pilot projects designated under subparagraph (B).
       (iii) Reallocation.--If any portion of an allocation under 
     clause (ii) is unused on the date which is 3 years after such 
     allocation, the Secretary of Transportation, in consultation 
     with the Secretary of the Treasury, may reallocate such 
     portion among the remaining eligible pilot projects.
       (c) Report.--
       (1) In general.--Not later than the earlier of--
       (A) 1 year after either \1/2\ of the projects authorized 
     under this section have been identified or \1/2\ of the total 
     bonds allowable for the projects under this section have been 
     issued, or
       (B) 7 years after the date of the enactment of this Act,

     the Secretary of Transportation, in consultation with the 
     Secretary of the Treasury, shall submit the report described 
     in paragraph (2) to the Committees on Finance and on 
     Environment and Public Works of the Senate and the Committees 
     on Ways and Means and on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Contents.--The report under paragraph (1) shall 
     evaluate the overall success of the program conducted 
     pursuant to this section, including--
       (A) a description of each project under the program,
       (B) the extent to which the projects used new technologies, 
     construction techniques, or innovative cost controls that 
     resulted in savings in building the project, and
       (C) the use and efficiency of the Federal tax subsidy 
     provided by the bond financing.

     SEC. 6005. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.

       (a) In General.--Section 4041(a)(1)(C)(ii) (relating to 
     rate of tax on trains) is amended--
       (1) in subclause (II), by striking ``October 1, 1999'' and 
     inserting ``March 1, 1999'', and
       (2) in subclause (III), by striking ``September 30, 1999'' 
     and inserting ``February 28, 1999''.
       (b) Conforming Amendments.--
       (1) Section 6421(f)(3)(B) is amended--
       (A) in clause (ii), by striking ``October 1, 1999'' and 
     inserting ``March 1, 1999'', and
       (B) in clause (iii), by striking ``September 30, 1999'' and 
     inserting ``February 28, 1999''.
       (2) Section 6427(l)(3)(B) is amended--
       (A) in clause (ii), by striking ``October 1, 1999'' and 
     inserting ``March 1, 1999'', and
       (B) in clause (iii), by striking ``September 30, 1999'' and 
     inserting ``February 28, 1999''.

     SEC. 6006. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN 
                   LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION 
                   FRINGE BENEFITS.

       (a) No Constructive Receipt.--
       (1) In general.-- Paragraph (4) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(4) No constructive receipt.--No amount shall be included 
     in the gross income of an employee solely because the 
     employee may choose between any qualified transportation 
     fringe and compensation which would otherwise be includible 
     in gross income of such employee.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     1997.
       (b) Increase in maximum exclusion for employer-provided 
     transit passes.--
       (1) In general.--Subparagraph (A) of section 132(f)(2) 
     (relating to limitation on exclusion) is amended by striking 
     ``$60'' and inserting ``$100''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2001.
       (c) No Inflation Adjustment for 1999.--
       (1) In general.--Paragraph (6) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(6) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 1999, the dollar 
     amounts contained in subparagraphs (A) and (B) of paragraph 
     (2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 1998' for 
     `calendar year 1992'.

     If any increase determined under the preceding sentence is 
     not a multiple of $5, such increase shall be rounded to the 
     next lowest multiple of $5.''.
       (2) Conforming amendment.--Section 132(f)(2)(B) is amended 
     by striking ``$155'' and inserting ``$175''.
       (3) Effective Date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     1998.
       (d) Conforming Inflation Adjustment.--
       (1) In general.--Paragraph (6) of section 132(f) (relating 
     to qualified transportation fringe) is amended to read as 
     follows:
       ``(6) Inflation adjustment.--
       ``(A) Adjustment to qualified parking limitation.--In the 
     case of any taxable year beginning in a calendar year after 
     1999, the dollar amount contained in paragraph (2)(B) shall 
     be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 1998' for 
     `calendar year 1992'.
       ``(B) Adjustment to other qualified transportation fringes 
     limitation.--In the case of any taxable year beginning in a 
     calendar year after 2002, the dollar amount contained in 
     paragraph (2)(A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2001' for 
     `calendar year 1992'.
       ``(c) Rounding.--If any increase determined under 
     subparagraph (A) or (B) is not a multiple of $5, such 
     increase shall be rounded to the next lowest multiple of 
     $5.''.
       (2) Effective Date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2002.

     SEC. 6007. TAX TREATMENT OF CERTAIN FEDERAL PARTICIPATION 
                   PAYMENTS.

       For purposes of the Internal Revenue Code of 1986, with 
     respect to any Federal participation payment to a taxpayer in 
     any taxable year made under section 149(e) of title 23, 
     United States Code, as added by section 1502, to the extent 
     such payment is not subject to tax under such Code for the 
     taxable year--
       (1) no credit or deduction (other than a deduction with 
     respect to any interest on a loan) shall be allowed to the 
     taxpayer with respect to any property placed in service or 
     other expenditure that is directly or indirectly attributable 
     to the payment, and
       (2) the basis of any such property shall be reduced by the 
     portion of the cost of the property that is attributable to 
     the payment.

     SEC. 6008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR 
                   APPROVED DIESEL OR KEROSENE TERMINALS.

       Subsection (f) of section 1032 of the Taxpayer Relief Act 
     of 1997 is amended to read as follows:

[[Page S2082]]

       ``(f) Effective Dates.--
       ``(1) Except as provided in paragraph (2), the amendments 
     made by this section shall take effect on July 1, 1998.
       ``(2) The amendment made by subsection (d) shall take 
     effect on July 1, 2000.''.

     SEC. 6009. REPEAL OF CERTAIN LIMITATION ON EXPENDITURES.

       (a) In General.--Section 9503(c) of the Internal Revenue 
     Code of 1986 (relating to expenditures from Highway Trust 
     Fund) is amended by striking paragraph (7).
       (b) Effective Date.--The amendment made by this section 
     takes effect as if included in the enactment of section 901 
     of the Taxpayer Relief Act of 1997.

                          ____________________